doc_1835953

WINDERMERE POLICE DEPARTMENT GENERAL ORDER Effective Date: October 4, 2022  New Policy Amends 8.2 (July 8, 2019 ) Number: 8.2 SUBJECT: Vehicle Operations Print Date: 10/04/22 Distribution: All Personnel Review Month: October This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose To provide guidelines for safe and efficient vehicle operation within legal and ethical standards. 2. Policy A. Non -Emergency Vehicle Operation Members of the Windermere Police Department will operate vehicles in a safe and courteous manner consistent with all applicable statutes and ordinances. B. Emergency Vehicle Operation 1. Florida Statute 316.072 provides guidelines for drivers of authorized eme rgency vehicles when responding to an emergency call and when in pursuit of an actual or suspected violator of the law. 2. Florida Statute 316.072 grants the operator of an authorized emergency vehicle the right to disregard certain traffic requirements, how ever, the law never relieves a member of the duty to operate his/her vehicle with due care and regard for the safety of the public, as well as the violator. 8.2, Page 2 3. Florida Statutes permit the operator of an authorized emergency vehicle to proceed past a red or s top signal or stop sign after slowing down as may be necessary for safe operation when responding to an emergency assignment and/or while engaged in pursuit. This section is not intended to restrict the need to engage in fresh pursuit. 3. Definitions A. Comma nd Staff – A sworn supervisor or manager holding the rank of Sergeant or above that assumes tactical control/responsibility for the pursuit/apprehension event. B. Distracted Driving – Any activity that could divert a person’s attention away from the primar y task of driving. All distractions endanger driver, passenger, and bystander safety. These types of distractions include texting, using a cell phone or smartphone, eating and drinking, using a navigation system, viewing and/or typing on a laptop, or rea ding while driving. C. Due Care – When a reasonably careful person, performing similar duties under similar circumstances, would act in the same manner. D. Traffic Stop – An attempt by an officer utilizing emergency equipment, hand signals, etc., to stop a motor vehicle. E. Early Warning System – A proactive, non -disciplinary system intended to enhance awareness by employees, supervisors and managers of potential employee problems before serious events occur. 4. Procedures A. General 1. Only authorized members shall operate emergency law enforcement vehicles. 2. Every member shall have a valid driver’s license in his/her possession. 3. All members shall operate agency vehicles safely and will be held accountable for their careless or negl igent behavior and/or damage to agency property. 8.2, Page 3 4. Members shall not violate traffic laws except, when necessary, in the performance of their duties as authorized in agency policies and procedures, or as permitted by Florida Statutes. 5. Members shall not proceed past a red or stop signal or a stop sign without slowing down or stopping first and ensuring all other traffic has yielded the right -of-way to the law enforcement vehicle. 6. Four -way flashers/hazard warning lights shall not be used while the vehicle is in motion due to interference with brake lights and turn signals. 7. Members shall ensure video and audio recording equipment is activated, if so equipped, during emergency and/ or pursuit operations. 8. Members have a duty to report any improper conduct on the part of another member operating a vehicle contrary to regulations. 9. Members shall not consume any intoxicants at least eight hours prior to operating an agency vehicle. 10. Members who are taking prescription or non -prescription medication that may affect their ability to drive shall not operate agency vehicles. 11. Members shall be familiar with his/her assigned vehicle, its capabilities, limitations, and daily operation al status. B. Seat Belt Requirements 1. All members shall use safety belts when operating or riding in any vehicle while on duty. Tactical considerations for removing your seat belt are permitted. Worker’s compensation benefits may be reduced under the provisions of Section 440.09(5), Florida Statutes - Workers Comp Coverage, if injuries received in a crash are contributed to the failure to use the seatbelts or occupant restraint system. 2. The operator of the vehicle is responsible for e nsuring compliance by all occupants of the vehicle they are operating. Approved child safety restraints shall be used for all children of age for which such restraints are prescribed by law. 8.2, Page 4 3. Unless an immediate emergency exists, no member shall operate an agency vehicle in which any safety belt in the driver’s seating position is inoperable. No person shall be transported in a seating position in which the safety restraint is inoperable. 4. No member shall modify, remove, deactivate or otherwise tamper with the vehicle safety belts except for vehicle maintenance and repair. 5. Any member who discovers an inoperable restraint system shall report the defect to the appropriate supervisor. 6. Any person(s) under arrest and being transported in agency ve hicle(s) are required to be secured in the vehicle by a safety belt in all seating positions for which safety belts are provided by the vehicle manufacturer.