Policy Text
Policy
501Fremont Police Department
Traffic Collision Reporting
501.1 PURPOSE AND SCOPE
The Fremont Police Department prepares traffic collision reports in compliance with the California
Highway Patrol Collision Investigation Manual (CIM) and as a public service makes traffic collision
reports available to the community with some exceptions.
501.1.1 DEFINITIONS FOR TRAFFIC REPORTING
The following definitions are the guidelines the department will follow when investigating traffic
matters:
(a)Accident or Collision - A collision is an unintended event that produces damage
or injury involving a motor vehicle in transport. The word injury includes fatal
injury. Although the terms "accident" and "collision" are often synonymous, the word
"collision" is the preferred term to describe the event.
(b)In Transport - This describes the state or condition of a vehicle when it is in use
primarily for moving persons or property (including the vehicle itself) from one place
to another.
1.Vehicles are considered "in transport" when in the roadway, whether moving,
stopped, stalled, disabled, or abandoned.
2.In designated parking stalls, shoulders, or off the highway, vehicles are
considered "in transport" only when moving.
(c)Motor Vehicle Non-Traffic Collision - Any motor vehicle collision involving a vehicle
in transport occurring entirely at a place other than a highway. This includes motor
vehicle collisions occurring off-highway on public or private property.
(d)Motor Vehicle Traffic Collision - Any motor vehicle collision that occurs on a highway
or which occurs after the motor vehicle runs off the road, but before events are
stabilized. This includes collisions occurring on a highway involving:
1.A motor vehicle in transport setting an object in motion without the motor vehicle
itself doing the actual striking. For example, the vehicle's load or parts fall from
the motor vehicle and before coming to a rest, they are struck by another motor
vehicle.
2.A motor vehicle in transport.
(e)Deliberate Intent - An intentional act that, directly or indirectly, involves a motor
vehicle in-transport, which purposely causes damage to property or injury to any
person. If the intended act results in injury or damage that goes beyond the original
intent, the additional event is accidental and is considered a motor vehicle traffic
collision. The following examples are not motor vehicle traffic collisions, although a
motor vehicle is used to inflict injury or damage:
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1.Suicide
2.Homicide, injury or damage purposely inflicted
3.Staged traffic collision
4.Legal intervention
(f)Driver - A person who drives or is in actual physical control of a vehicle to include:
1.Walking alongside a pushed or towed vehicle while steering through the front
window or open door.
2.Seated behind the steering wheel while being pushed or towed.
(g)Highway - A way or place of whatever nature publicly maintained and open to the
use of the public for purposes of vehicular traffic. Highway includes street, shoulders,
and sidewalks. A portion of the highway that is closed to vehicular travel, such as,
construction and repair zones or an area closed during collision investigation, no
longer meets the definition of a highway.
501.2 RESPONSIBILITY
The Traffic Lieutenant will be responsible for distribution of the Collision Investigation Manual.
The Traffic Lieutenant will receive all changes in the state manual and ensure conformity with
this policy.
501.2.1 DUTIES OF THE TRAFFIC SPECIALIST (SEMI-PERMANENT TRAFFIC OFFICER)
(a)The two Traffic Specialists assigned to the Traffic Unit shall be responsible for but not
limited to the following duties:
1.Review of all fatality, severe injury, and major City liability traffic collisions, to
ensure a complete and accurate investigation and to provide any necessary
expertise for these collisions in such areas as speed analysis, mechanical
inspections, etc.
2.Provide assistance to any officer in his/her traffic collision investigation,
where the expertise of a Traffic Investigator is needed and/or desired by the
investigating officer.
3.Act as a Liaison Officer between the Department and the District Attorney's
Office, in order to provide relevant assistance for traffic collisions related to
misdemeanor or felony violations (e.g., vehicular manslaughter, felony driving
under the influence).
4.Evaluate departmental training needs related to traffic matters and develop
appropriate training programs for implementation by the Department.
5.Perform any other duties, which require the expertise of a Traffic Investigator.
(b)If a Traffic Specialist is not already assigned to the collision investigation, they should
be called to assist units involved in the following types of collisions:
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1.All fatal collisions, where the on-scene Traffic Officer, Traffic Supervisor, or
Watch Commander determines that their expertise is necessary for proper
investigation, e.g., reconstruction, damage analysis, or skid analysis.
2.All multiple fatal collisions.
3.All collisions where the on-scene Traffic Officer or Watch Commander
determines there is a need for their expertise.
501.3 TRAFFIC COLLISION REPORTING
All traffic collision reports taken by members of this department shall be forwarded to the Traffic
Unit for approval. The Patrol Adjutant Lieutenant will be responsible for monthly and quarterly
reports on traffic collision statistics to be forwarded to the Community Policing Patrol Division
Commander, or other persons as required.