Police Department Policy

SOP #128 - TRAFFIC ENGINEERING AND ANCILLARY SERVICES

Miami Beach Police Department

Policy Text
I. Motorist Assistance [61.4.1] A. Stranded Motorists 1. If, while on routine patrol, an officer encounters a stranded motorist, the officer will stop, check on the welfare of the occupants, and evaluate the problem. If en-route to a call of higher priority, the officer will notify the PSCD and another unit will respond, if available. 2. The officer may assist by providing information, placing phone calls, requesting wreckers or taxis and other services. The officer may set up flares, traffic cones or move the vehicle to protect the vehicle and persons. The officer may request the motorists to activate flashers and open the hood. 3. The location of a vehicle breakdown may require that the officer stay with the stranded motorist. In the event the officer must leave the stranded motorist, the officer will first use reasonable care to lessen the risk of leaving or see that sufficient precautions are taken to protect the stranded motorist from the harm that the risk poses. If the officer leaves the motorist prior to the requested services arriving, the officer will provide the motorist with the Department’s phone number in the event that the requested services fail to arrive in a timely manner. 4. A governmental entity is not immune from liability where a member of its police force fails to use reasonable care in the performance of an operational level function. State, Dep’t of Highway Safety & Motor Vehicles, Div. of Highway Patrol v. Kropff, 491 So. 2d at 1252 (Fla. 3d DCA 1986). 5. Where police conduct creates a foreseeable zone of risk, the law generally will recognize a duty placed upon the police either to lessen the risk or see that sufficient precautions are taken to protect others from the harm that the risk poses. Kaisner v. Kolb 543 So. 2d 732 (Fla. 1989). 6. The officer will request permission from an on-duty supervisor, prior to transporting any stranded motorist in a police vehicle to a place of safety. Beginning and ending mileage will be given over the police radio when transporting civilians. B. Pushing Disabled Vehicles Off Roadways [61.4.1; 61.4.2] 1. Vehicles will be pushed off the roadway only when they create a hazardous situation as determined by the responding officer(s). Responding officers will have discretion whether to push the vehicle off the roadway or utilize other means to minimize the hazard. 2. If only a specially equipped police vehicle is to be used to push a vehicle from the roadway, it must be done with the assistance of another officer. The officer who is assisting must observe the front of the police vehicle before it makes contact with the disabled vehicle to minimize damage. C. Information and Direction [61.4.1] 1. Officers will provide directions and information to motorists in a clear, concise and courteous manner. If the motorist is requesting directions or information and the officer is occupied with other police duties, or it is unsafe to provide directions at that particular moment, the officer will advise the motorist to pull off the roadway and state that assistance will be provided as soon as possible. 2. If an officer does not have or know the answer regarding information or directions, the officer will find the answer and provide it to the motorist. D. Repair of Disabled Vehicles [61.4.1] 1. It is not the responsibility of police officers to personally obtain fuel, change tires, make any type of repair or use battery cables on a disabled vehicle. 2. Officers will assist in any of the items mentioned above by requesting PSCD to either call an emergency road service repair club, wrecker of choice by the disabled vehicle’s driver, or a city authorized wrecker service.

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