Police Department Policy

DGO9.01_Traffic_Enforcement

SF PD

Policy Text
San Francisco Police Department 9.01 GENERAL ORDER Rev. 09/06/23 Page 1 of 9 Traffic Enforcement 9.01.01 PURPOSE The purpose of this order is to establish the policy and procedure regarding traffic enforcement, including moving, licensing, registration, mechanical, and parking violations, of both personal and commercial vehicles, and the issuance of citations at the scene of traffic crashes. 9.01.02 POLICY Traffic enforcement is a responsibility of the San Francisco Police Department and is an important assignment for uniformed personnel. In partnership with the City and County of San Francisco’s Vision Zero efforts, the goal of the Department’s traffic enforc ement program is to make San Francisco streets safer for all by reducing traffic crashes. The Department pursues this shared goal by enforcing traffic laws, facilitating traffic flow, and easing parking congestion. When actively enforcing traffic laws, me mbers should prioritize enforcing violations that directly impact public safety consistent with the above shared goal. Members enforcing traffic and parking laws should use discretion when enforcing violations . In exercising their discretion, members may use de -escalation techniques or disengage (such as giving a warning) to reduce the intensity the situation . Members shall not let the attitude, race, gender, disability status, sexual orientation, or socioeconomic status of a person influence t heir enforcement action. 9.01.03 PROCEDURES A. Moving Violations 1. Uniformed Members - Moving violations shall be enforced only by uniformed members , except as provided in DGO 5.08 , Non-Uniformed Officers . Patrol Special and Assistant Patrol Special officers are not authorized to enforce moving violations or laws regulating pedestrian traffic. 2. Enforcement - Members should act on moving violations of all applicable laws, regulations, and policies , while considering the totality of the circumstances, in any of the following circumstances , except any violations deprioritized in DGO 9.07.04 , Restricting the Use of Pretext Stops : a. After witnessing a moving violation . b. In response to a complaint or a private person’s arrest for a movin g violation and in compliance with DGO 5.04 , Arrests by Private Persons . 9.01 Rev. 09/06/23 Page 2 of 9 c. When probable cause has been established by a qualified member investigating a traffic crash . 3. Identification and Questioning - When conducting traffic enforcement, members shall identify themselves by name and rank and inform the person of the reason for the stop before engaging in any questioning relating to a criminal investigation or traffic violation , or requesting any docume ntation (see DGO 5.03 , Investigative Detentions ; DGO 9.07 , Restricting the Use of Pretext Stops ; and California Vehicle Code section 2806.5 ). This requirement does not apply if a member reasonably believes that withholding the reason for the stop is necess ary to protect life or property from imminent threat. B. Mechanical Violations 1. Uniformed Members - Mechanical, licensing , and registration violations shall be enforced only by uniformed members, ex cept as provided in DGO 5.08 , Non- Uniformed Officers . Members may, in accordance with Vehicle Code s ection 40001 , cite the registered owner or agent of commercial vehicle in absentia for any mechanical or registration violation, provided the operator of the vehicle is an employee of the owner (see below). 2. Enforcement - Member s may act on mechanical violations except any violations deprioritized in DGO 9.07.04 , Restricting the Use of Pretext Stops . C. Parking Violations 1. Uniformed Members - Parking violations shall be enforced only by uniformed members or SFMTA Parking Control Officers. Patrol Special and Assistant Patrol Special Officers are not authorized to enforce parking laws. 2. Enforcement - Parking violations provide members with reasonable suspicion to hold the vehicle and detain any persons inside. If the vehicle is attended, members may inform the person regarding the violation and allow the person to make a correct ion. If members decide to issue a citation for a parking violation, unless there are independent facts connected to criminal activity, members shall not prolong the detention for longer than reasonably necessary to write a citation (see DGO 5.03 , Investigative Detentions ). D. Disposition of Traffic Offenses - Rules governing the disposition of traffic offenses depend on the kind of offense and age of the person. When issuing a citation, members should answer relevant questions, inform the person of the nature of the violation, and the proper means of d isposing of the citation. 1. Non-Parking Offenses (also see DGO 5.06, Citation Release ) 9.01 Rev. 09/06/23 Page 3 of 9 a. Adults cited with a “Notice to Appear” for any traffic offense must appear or submit bail. Certain moving violations require a mandatory appearance and must be ass igned a specific court date. Members should follow the current Department policy regarding “Assignment of Court D ates for Non -Traffic and Traffic Adult Citations .” b. Youth cited for traffic offen ses shall be referred to the juvenile court for a court date and disposition. When members issue a traffic citation to a youth, check “To be notified by Juvenile Court” and have the youth sign the citation. For youth infraction violations of the

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