Police Department Policy

OAKLAND_TB_III_E.06_Towing_for_Violations_of_Rec_855

Oakland PD

Policy Text
TRAINING BULLETIN Evaluation Coordinator: Traffic Commander Automatic Revision Cycle: 3 Years partment Training Bulletins shall be used to advise members of current police techniques and procedures and shall constitute official policy.” Index Number: III-E.6 Alpha Index: Towing for Violations of Reckless Driving and Exhibition of Speed Date of Issue / Revision 1 Sep 08 “De Towing for Violations of Reckless Driving and Exhibition of Speed In an effort to improve traffic safety and the qua lity of life in Oakland, this Training Bulletin was written to provide officers with a tools to better address incidents of reckless driving, exhibitions of speed, and other dangerous and disruptive driving. Members are encouraged to tow vehicles used in such situations as a deterrent to the driver involved and others who participate as spectators to such activities. This Training Bulletin is specific in nature and only pertains to the sections cited below as it relates to the efforts of the Oakl and Police Department in its efforts to combat illegal, dangerous, and intentionally disruptive driving. SECTION A Towing Authority CVC § 23109.2 (a)(1) with a 30-Day Hold CVC § 23109.2(a)(1) tows with a 30-day hold shall only be ordered for the four (4) prescribed crimes as listed below:1 CVC § 23103 Reckless Driving (a) Any person who drives any vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. (b) Any person who drives any vehicle in any offstreet parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. CVC § 23109 Speed Contests (a) A person shall not engage in a motor vehicle speed contest on a highway. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device. For purposes of this section, an event in which the time to cover a prescribed route of more than 20 miles is measured, but where the vehicle does not exceed the sp eed limits, is not a speed contest. (c) A person shall not engage in any motor vehicle exhibition of speed on a highway, and no person shall aid or abet in a motor vehicle exhibition of speed on any highway. 1 Nothing in this order limits an officer’s authority with regards to other provisions of the CVC allowing a car to be impounded or impound time limits, such as those sections that currently apply to unlicensed operation. 2 Towing for Violations of Reckless Driving and Exhibition of Speed, Index Number III-E.6 Tow Procedures Vehicles towed per Authority CVC § 23109.2(a)(1) with a 30-Day Hold shall be documented on a Crime Report, complete with a Face Page, Suspect Page, Vehicle Page and a complete summary of the officer’s observations and documentation of the violation that led to the towing of the vehicle. All reports, including but not limited to, a Noti ce to Appear, Consolidated Arrest Report, Crime Report and Stored Vehicle Report, shall be depo sited into the Report Writing Receptacle at the end of the officer’s tour of duty. SECTION B Evidence Tows with no Hold Tow Authority CVC § 22655.5(a) with no hold CVC § 22655.5(a) shall only be ordered for the prescr ibed crimes listed below. CVC § 21712 Unlawful Riding and Towing (a) A person driving a motor vehicle shall not knowingly permit any person to ride on a vehicle or upon any portion of a vehicle that is not designed or intended for the use of passengers. (b) A person shall not ride on a vehicle or upon a portion of a vehicle that is not designed or intended for the use of passengers. CVC § 23116 Carrying Persons in the Back of a Motor Truck (a) No person driving a pickup truck or a flatbed motortruck on a highway shall transport any person in or on the back of the truck. (b) No person shall ride in or on the back of a truck or flatbed motortruck being driven on a highway. CVC § 2818 Crossing Flare or Cone Patterns It is unlawful to traverse a flare pattern , cone pattern, or combination thereof, provided for the regulation of traffic, or provided in any situation where public safety personnel are engaged in traffic cont rol or emergency scene management. CVC § 21460 Double Lines (a) When double parallel solid lines are in place, no person driving a vehicle shall drive to the left thereof, except as permitted in this section. 3 1 Sep 08 ● Oakland Police Department CVC § 21663 Driving on Sidewalk Except as expressly permitted pursuant to this code, including Sections 21100.4 and 21114.5, no person shall operate or move a motor vehicle upon a sidewalk except as may be necessary to enter or leave adjacent property. CVC § 12814.6 Provisional License for Minors; Distinctive Driver's License (a) Except as provided in Section 12814.7, a dr iver's license issued to a person at least 16 years of age but under 18 years of age shall be issued pursuant to the provisional licensing program contained in this section. The program shall consist of all of the following

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