Policy Text
Policy
500Fremont Police Department
Traffic Function and Responsibility
500.1 PURPOSE AND SCOPE
The ultimate goal of traffic law enforcement is to reduce traffic collisions. This may be achieved
through the application of such techniques as geographic/temporal assignment of personnel and
equipment and the establishment of preventive patrols to deal with specific categories of unlawful
driving behavior. Traffic enforcement techniques are based on collision data, enforcement activity
records, traffic volume, and traffic conditions. This department provides enforcement efforts
toward violations, not only in proportion to the frequency of their occurrence in collision situations,
but also in terms of traffic-related needs.
500.2 TRAFFIC OFFICER DEPLOYMENT
Several factors are considered in the development of deployment schedules for officers of the
Fremont Police Department. Information provided by the California Statewide Integrated Traffic
Reporting System (SWITRS) is a valuable resource for traffic collision occurrences and therefore
officer deployment. Some of the factors for analysis include:
•Location
•Time
•Day
•Violation factors
•Collision related injuries and/or deaths
All officers assigned to patrol or traffic enforcement functions will emphasize enforcement of
violations that contribute to injury collisions at the locations and times where injury collisions
occur more frequently. All officers will take directed enforcement action on request, and random
enforcement action when appropriate against violators as a matter of routine. All officers shall
maintain high visibility while working general enforcement, especially at locations where collisions
occur more frequently.
Other factors to be considered for deployment are requests from the public, construction zones
or special events.
500.2.1 CALL OUT OF TRAFFIC PERSONNEL
A Traffic Officer may be called out to the scene of a traffic collision when any one or more of the
following circumstances exist:
(a)Any collision where a fatality has occurred.
(b)Any collision where there is a serious injury and death is likely to occur, and the Watch
Commander requests Traffic personnel.
(c)Any collision where there is a possibility of major City liability; for example, collisions
involving possible engineering problems when serious injury is involved.
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(d)Any collision which includes a police unit of another agency and there is present
serious injury and/or damage.
(e)The following shall be the procedure for call out of Traffic personnel:
1.The on-duty Traffic Sergeant shall be notified of the collision via radio if on-duty,
or cell/home phone if after work hours. Should the on-duty Traffic Sergeant be
unavailable, the opposite side Traffic Sergeant shall be notified. The responding
Traffic Sergeant shall have the responsibility to determine the appropriate
resources necessary to complete the investigation and shall notify Dispatch to
make the appropriate assignment or call out of resources.
2.One or more on-duty Traffic Officers, if available, will be assigned.
3.Ordinarily the Traffic Specialist (semi-permanent officer) will be called and
respond when possible.
4.A Traffic Officer scheduled to come on duty next will be called if needed to meet
call out requirements to complete the investigation.
5.If a Traffic Officer scheduled to come on duty is not available, any available
Traffic Officer will be called.
6.If there are no Traffic Officers available, Patrol will be responsible for doing the
investigation.
500.3 ENFORCEMENT
Enforcement actions will be consistent with applicable laws and take into account the degree and
severity of the violation. This department does not establish ticket quotas and the number of arrests
or citations issued by any officer shall not be used as the sole criterion for evaluating officer overall
performance (Vehicle Code § 41603). Several methods are effective in the reduction of collisions:
500.3.1 WARNINGS
Warnings or other non-punitive enforcement actions may be considered in each situation and
substituted for arrests or citations when circumstances warrant.
The Warning Notice will be used to advise and gain compliance to specific categories of violations,
noted below when issuance of a formal citation is deemed not in the best interests of justice, and
a verbal warning is considered inappropriate.
(a)Considerations for when to use the Warning Notice:
1.Officers will often encounter a violation for which they feel a verbal warning is
insufficient to gain compliance of the violator, yet the situation does not warrant
a formal traffic citation. In such cases, the officer may issue a Warning Notice in
order to advise a violator of error and to gain compliance to the required section.
2.The issuance of a Warning Notice, in specific cases, will also provide
documentation for any subsequent action and ultimate disposition.
500.3.2 CITATIONS
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Citations may be issued when an officer has probable cause to believe a violation has occurred.
It is essential that officers fully explain the rights and requirements imposed on motorists upon
issuance of a citation for a traffic violation. Officers should provide the following information at a
minimum:
(a)Explanation of the violation or charge
(b)Court appearance procedure including the optional or mandatory appearance by the
motorist
(c)Notice of whether the motorist can enter a plea and pay the fine by mail or at the court
500.3.3 PHYSICAL ARREST
Physical arrest can be made on a number of criminal traffic offenses outlined in the Vehicle Code
or Penal Code. These physical arrest cases usually deal with, but are not limited to:
(a)Vehicular manslaughter
(b)Felony