55948861.pdf

\n\n--- Page 1 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER TITLE ACCREDITATION Department Traffic Crashes & CALEA 4.2.3 Vehicle Damage Investigations PRIOR REVISIONS PROPONENT UNIT: 05/21/2020,10/26/21, Patrol Support Bureau/ Traffic Unit 09/15/22, ATTACHMENT: None NUMBER ISSUE DATE REVISION DATE TOTAL PAGES 61.7 7/1/1998 10/10/2023 9 I. PURPOSE: The purpose of this Order is to establish procedures for categorizing and investigating crashes / incidents involving Department vehicles. II. POLICY: The Gainesville Police Department shall, with the cooperation of other law enforcement agencies [e.g., FHP], provide a process for thorough and impartial investigations of traffic crashes and/or damage to Department vehicles. Disciplinary or corrective action, when warranted, as well as the rights and responses of the affected employees, shall follow the provisions of Department Manual General Order 26.5. III. DEFINITIONS: A. Department Vehicle Crash / Incident: Any incident (even if it occurs on private property) involving a Department vehicle that causes, either directly or indirectly, an injury to any person or damage to property. B. Minor Crash / Incident: A crash / incident which results in the following: 1. Non-disabling damage to one or more vehicles, AND 2. Total property damage to all involved vehicles/assets is less than $5,000, AND C. Enhanced Crash / Incident: A crash / incident which results in the following: 1. Disabling damage to any involved vehicle(s) as defined below in Subsection F, OR 2. Total property damage to all involved vehicles/assets is $5,000 or greater but less than $15,000. D. Major Crash / Incident: A crash / incident resulting in one or more of the following:\n\n--- Page 2 ---\n\nGAINESVILLE POLICE DEPARTMENT 1. Death, OR 2. Serious bodily injury as defined in Subsection E, OR 3. Total property damage to all involved vehicles/assets is equal to or greater than $15,000. E. Serious Bodily Injury: An incapacitating injury requiring immediate transport or admittance to a licensed medical care/treatment facility (not Employee Health Services). F. Disabling Damage: Damage rendering the vehicle inoperable, such as: 1. Extensive structural damage which restricts the proper safe operation of the vehicle. 2. Damage rendering the vehicle's engine inoperable. 3. Damage which does not permit access to the interior vehicle compartment. G. Assets: As it relates to this chapter, includes: any permanent or temporary structures, buildings, livestock, landscaping, hauled materials, fencing, roadway elements, or other involved items having tangible value. H. Damaged Property: A damaged property report will be taken, in lieu of a traffic crash report, if the following conditions are met: 1. The incident occurred within the City limits, and 2. Only City property is damaged (e.g. City vehicle, city sign), and 3. Damage is less than $5000, and 4. There are no injuries I. Vehicle Incident Review Board (VIRB): VIRB shall be led by the Traffic Unit Supervisor. It shall also include a designee from the Logistics Division/ Fleet. IV. PROCEDURE A. Crash Report: Members involved in a crash or an incident that resulted in vehicle damage while driving a Department-owned or leased vehicle, whether on or off-duty, shall immediately report the incident to the member’s supervisor or an on-duty patrol supervisor if the member’s immediate supervisor is unavailable. 2\n\n--- Page 3 ---\n\nGAINESVILLE POLICE DEPARTMENT 1. Outside Jurisdiction: Department members involved in a traffic crash in a Department vehicle while outside Gainesville shall, if not incapacitated, request a report and photographs from the investigating agency. i. The involved member shall obtain the investigating agency’s case report number, the name of the investigating officer, and the agency’s procedures on how to obtain copies of the report and photographs. ii. A Department member shall be sent to photograph scenes within reasonable driving distance as determined by the on-duty commander/designee, whether or not the investigating agency takes its own photographs. iii. The member photographing the crash shall request a case report number and complete an original Damage to City Property Incident Report when another agency investigates the incident. iv. If the incident only involves city vehicles and or city property AND there is only minor non-disabling damage (under $5000 total) AND/OR it occurs on private property, it is not necessary for an investigation to be done by an outside agency unless it is deemed necessary by the GPD on-duty supervisor. An incident report shall be written as Damage to City Property and photographs shall be taken. B. On-Scene Responsibility: Members involved in a crash / incident while in a Department vehicle shall, if able, render necessary aid to the injured and remove any hazards to life or property. C. Supervisory Response: If the crash / incident occurs in Alachua County or the surrounding area, the involved member’s supervisor shall respond. If the member’s supervisor cannot respond, an on-duty patrol supervisor shall do so. 1. If a Department member is injured in the crash / incident, the on-duty supervisor will notify the involved employee’s respective Bureau Commander. 2. If the crash / incident involve a death or serious injury, the member shall notify their supervisor who will notify the shift commander. The shift commander will make the appropriate notifications. D. Investigating Agency: 1. Florida Highway Patrol (FHP): The FHP shall be requested to investigate traffic crashes / incidents involving Department vehicles driven by a sworn member if the crash / incident: 3\n\n--- Page 4 ---\n\nGAINESVILLE POLICE DEPARTMENT i. Involves a fatality or potentially life-threatening injuries; ii. Could result in criminal charges against a Department member. iii. As a result of a vehicle pursuit that meets the above criteria. iv. The decision to respond shall be at the discretion of FHP. In the event FHP declines to respond, the Shift Commander shall determine who (i.e. GPD or request another law enforcement agency) will investigate the traffic crash/incident. v. Florida State Statute 316.065(1) states: The driver of a vehicle involved in a crash resulting in injury to or death of any persons or damage to any vehicle or other property in an apparent amount of at least $500 shall immediately by the quickest means of communication give notice of the crash to the local police department, if such crash occurs within a municipality; otherwise, to the office of the county sheriff or the nearest office or station of the Florida Highway Patrol. A violation of this subsection is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. 2. Gainesville Police Department: Traffic crashes / incidents involving a Department vehicle may be investigated by another Department member unless it meets the criteria set forth in subsection D1 of this General Order. The Department member shall handle the report and if a citation is warranted, shall call for an on-duty supervisor to respond and issue the citation. i. Whereas a Department member is involved in a department vehicle crash and there is no visible damage, no injury, or damage less than $500 to the vehicles involved, a traffic crash report shall be taken and no citation issued, but photos must be taken and risk management notified. A VIRB Blue Team should be completed. ii. If a citation is not issued in a Preventable Crash that meets the criteria, the supervisor shall document the reason and forward an explanation to the Vehicle Incident Review Board (VIRB) in the Blue Team entry. Following their review, VIRB may consult with the Member’s Bureau Commander to review the circumstances surrounding the Preventable Crash and why a citation was not issued. The Bureau Commander shall have final authority of whether to order a supervisor to issue a citation. iii. Citations may be issued to t