Delegation of Authority to the Secretary of Defense 1. Purpose. This delegation authorizes the Secretary of Defense to assist in controlling vehicular and pedestrian traffic on military installations in the United States. 2. Effective date. This delegation became effective on March 20, 1961. 3. Delegation. a. Pursuant to the authority vested in me by the Federal Property and Administrative Services Act of 1949 (63 Stat. 377), as amended, and the Act of June 1, 1948 (62 Stat. 281), as amended, authority is hereby delegated to the Secretary of Defense to make all needful rules and regulations, and to attach to these rules and regulations such reasonable penalties, not to exceed those prescribed in 40 U.S.C. 318c, as will ensure their enforcement for governing vehicular and pedestrian traffic on military installations of the Department of Defense, as defined in 40 U.S.C. 612, in the United States and over which the United States has exclusive or concurrent legislative jurisdiction. b. The Secretary of Defense may redelegate this authority to any officer, official, or employee of the Department of Defense. c. This authority shall be exercised in accordance with the limitations and requirements of the above-cited acts, and the policies, procedures, and controls prescribed by the General Services Administration. 4. Effect on other directives. FPMR Temporary Regulation D-28 is revoked. status of forces agreement SOP standing operating procedure STAMIS Standard Army Management Information System TRADOC U.S. Army Training and Doctrine Command Uniform Code of Military Justice United States Air Force USC United States Code USMC United States Marine Corps USN United States Navy Section II blood alcohol content CAAC Counseling and Assistance Center CAIG centralized accident investigation, ground CFR Code of Federal Regulations CG commanding general CONUS continental United States DA Department of the Army DLA Terms Active Duty Personnel Military personnel, whether Active Army, U.S. Army Reserve, or Army National Guard of the United States, who are on active duty under Title 10, United States Code. Alcohol Safety Action Program (ASAP) A program sponsored by a State, in cooperation with the NHTSA, to reduce highway deaths, injuries, and property damage resulting from traffic accidents in which alcohol is a major contributing factor. ation of a motor vehicle within the limits of the installation. General Officer A term used to describe officers in the military grade of 0-7 or above, including officers frocked to the grade of, in the Army, Air Force, Marine Corps, or Navy. General Officer Letter of Reprimand A memorandum or letter of reprimand, administrative in nature, prepared in accordance with AR 600-37 and signed by any officer serving in the grade of 0-7 or above in the Army, Air Force, Marine Corps, or Navy. Government Motor Vehicle A motor vehicle owned, rented, or leased by DOD. This includes vehicles owned, rented, or leased by NAF activities of the military departments and DOD. High Accident Frequency Location A location, intersection, or length of roadway, normally not more than one-half mile in length, where an unusually high number of accidents have occurred. Host Nation Any foreign country or possession in which an installation is located. Installation or Activity Commander A term applied equally to CONUS installation commanders and overseas community commanders. Intoxicated Driving Includes one or more of the following: a. Driving, operating, or being in actual physical control of a motor vehicle under any intoxication caused by alcohol or drugs in violation of Article 111 of the UCMJ or a similar law of the jurisdiction in which the vehicle is being operated. b. Driving, operating, or being in actual physical control of a motor vehicle with a BAC of 0.10 or higher on a military installation or in an area where traffic operations are under military supervision. c. Driving, operating, or being in actual physical control of a motor vehicle with a BAC of 0.10 or higher in violation of the law of the jurisdiction in which the vehicle is being operated. d. Driving, operating, or being in actual physical control of a motor vehicle with a BAC of 0.05 but less than 0.10 in violation of the law of the jurisdiction in which the vehicle is being operated if the jurisdiction imposes a suspension or revocation solely on the basis of the BAC level. Law Enforcement Personnel (Officials) Persons under supervision of the installation law enforcement officer who are authorized to direct, regulate, and control traffic, and to apprehend or arrest violators of laws or regulations. They are usually identified as military police, security police, civilian guards, or DOD police. Major Command/Major Commanders The level of command between the base, installation, or community commander and the Service headquarters. Moped Any two or three-wheel device having operative capability by a. Human propulsion power (or no pedals if powered solely by electrical energy). b. An automatic transmission. c. A motor that produces less than two gross brake horsepower, and (1) Propels the device at a maximum speed of not more than 30 miles per hour on level ground. (2) Has a maximum engine size of 50 cubic centimeters. Motorcycle Every motor vehicle that has a seat or saddle for use of the rider and is designed to travel on not more than three wheels in contact with the ground. Tractors and Mopeds are excluded. Motor Vehicle Any vehicle driven or drawn by mechanical power, and manufactured primarily for use on public streets, roads, and highways. (Vehicles operated only on a rail or rails are excluded.) Motor Vehicle Registration The process of issuing registration certificate and registration plates for a motor vehicle under the law of a State (State registration). The term also applies to the registration form and identification media issued by a host nation or overseas command, or per this regulation for a motor vehicle authorized to operate on a military installation in the United States or its territories. Motor Vehicle Traffic Accident An unintended event causing injury or damage, and involving one or more motor vehicles on a highway, road, or street that is publicly maintained and open for public vehicular travel. Motor vehicle traffic accident classification. The classification of traffic accidents according to severity of injuries or property damage sustained. Major classifications include the following: a. Severity of injury. (1) Fatal accident. A motor vehicle accident that results in fatal injuries to one or more personnel. A fatal injury is one that results in death within 12 months of the accident causing the injury. (2) Incapacitating injury. An injury, other than fatal, that prevents the injured person from walking, driving, or normally continuing the activities that he or she was capable of performing before the accident. Examples are severe lacerations, broken or distorted limb, skull fracture, crushed chest, internal injury, unconsciousness when taken from the accident scene, or inability to leave the accident scene without help. (3) Nonincapacitating evident injury. An injury, other than fatal and incapacitating, that is evident to any person at the scene of the accident. Examples are lump on head, abrasions, or minor lacerations. (4) Possible injury. An injury reported or claimed that is not a fatal, incapacitating, or nonincapacitating evident injury. Examples are momentary unconsciousness, claim of injuries that are not evident, limping, or complaint of pain, nausea, or hysteria. b. Severity of vehicle damage. (1) Disabling damage. Any damage to a vehicle such that it cannot be driven (or towed in the case of trailers) from the scene of the accident in the usual manner by daylight after simple repairs, and without further damage or hazard to itself, other traffic elements, or the roadway. (2) Functional damage. Any nondisabling damage to a vehicle that affects operation of the vehicle or its parts. Examples are doors, windows, hood, and trunk lids that will not operate properly; broken glass that obscures vision; or any damage that could prevent the motor vehicle from passing an official motor vehicle inspection. (3) Other motor vehicle damage. Any damage to a vehicle that is neither disabling nor functional damage. Such damage usually affects only the load on the vehicle or the appearance of the motor vehicle. Examples are damage to hubcaps, trim, or grill; glass cracks that do not interfere with vision; dents; scratches; body punctures; or damage to load. Moving Violation A violation of any traffic law, ordinance, or regulation while operating a vehicle. Moving violations typically involve one or both of the following: a. Unsafe act. An act or omission in traffic that is hazardous. b. Unsafe condition. Causing or permitting an illegal and possibly hazardous condition of (1) Highways, roads, or streets used by traffic. (2) Vehicles used in traffic. (3) A pedestrian or driver in traffic. Navy Alcohol and Drug Safety Action A Navy program that provides a means to identify Navy personnel involved in alcoholrelated situations, within the legal and medical systems, at the earliest indication of alcohol misuse or alcoholism. Pedicycle A vehicle operated solely by pedals and propelled by human power. Pedestrian Any person not in or on a motor vehicle or other road vehicle. Reciprocity Reciprocal action between State or host nation and military authorities to suspend or revoke a person's OF 46, installation driving privilege, or State, host nation, or overseas command driver's license based on action initiated by either authority. Revocation of Driver's License The termination by formal action of State, host nation, or overseas command authority of a person's license or privilege to operate a motor vehicle on the public roadways. This termination is not subject to renewal or restoration except that application may be presented and acted on by the State, host nation, or overseas command authority after the expiration of the period set by State or host nation law or overseas command regulation. Revocation of Driving Privileges Action taken by an installation commander to terminate a privilege to operate a motor vehicle on a military installation. State One of the U.S. States, the District of Columbia, the Commonwealth of Puerto Rico, and the territory of Guam. Suspension of Driver's License The temporary withdrawal by formal action of State, host nation, or overseas command authority of a person's license or privilege to operate a motor vehicle on the public highways. Suspension of Driving Privileges The temporary withdrawal by an installation commander of a person's privilege to operate a motor vehicle on a military installation for up to 12 months. Privileges normally are automatically restored on the day after the date the suspension ends. Traffic Pedestrians, ridden or herded animals, vehicles, street cars, and other conveyances, either singly or together, using any roadway. (b) Establish a program in accordance with 24th Infantry Division (Mechanized) and Fort Stewart Regulation 755-2 to identify abandoned privately owned vehicles in the unit's area and coordinate with the Military Police for impoundment. (c) In coordination with the Military Police, identify problem drivers in the unit and take appropriate action to improve their driving habits. (d) Ensure that the contents of this part are explained to all newly assigned personnel, including personnel on temporary duty with their unit for 10 days or more. (e) Identify unit member's vehicles which have obvious safety defects (see § 636.33) and take appropriate action to have the defect corrected. Commanders who cause a vehicle to be removed from the installation without the consent of the owner could be found liable for subsequent damage done to the vehicle provided that the damage was the result of negligence on the part of the government personnel. (f) Identify those individuals required to attend the Defensive Driving Course (DDC) or Motorcycle Defensive Driving Course (MDDC) and ensure their attendance at the course. §636.2 Program objectives. In addition to the requirements of § 634.5 of this subchapter: (a) The entry of motor vehicles on the Fort Stewart/Hunter Army Airfield reservation is permitted by the Commanding General under the conditions prescribed by this part. Upon entering the military reservation, the driver subjects himself and his vehicle to reasonable search. The authority to search vehicles on post is subject to the provisions of AR 190-22 and AR 21010. This part is not applicable to vehicle safety inspections and spot checks conducted primarily for purposes of safety. (b) The Military Police may: (1) Inspect any vehicle operated on the reservation for mechanical condition. (2) Impound, exclude, or remove from the reservation any vehicle used as an instrument in a crime, suspected of being stolen, abandoned, inoperable, unregistered, or being operated by a person under the influence of intoxicants or drugs. No vehicle will be impounded unless the impoundment meets the requirements of AR 190-5, paragraph 6-2 (32 CFR 634.50) and § 636.38 of this subpart. In the event a vehicle is impounded as an instrument of crime (particularly in the transport of illegal drugs or weapons), coordination will be made with the appropriate civilian law enforcement agencies. (3) Subsequent to a lawful apprehension, seize for administrative forfeiture proceedings all conveyances which are used, or are intended to be used to transport, sell or receive, process or conceal illegal drugs or drug paraphernalia, or in any way facilitate the foregoing. A conveyance is defined as |