HPM 100.68 - Traffic Enforcement Policy Manual

Question 1

The Department’s enforcement efforts must be consistent with the organizational values. All enforcement action by members must be based _____________________and accomplished in a businesslike, firm, impartial, courteous, and consistent manner.

Answer 1

on sound professional judgment

Question 2

A CHP 215 should/shall normally charge a single, major, hazardous violation observed during the continuing movement immediately prior to the enforcement action.

Answer 2

Should

Question 3

True or False

The Area commander may direct the use of off-street observation for limited periods for the purpose of reducing a specific condition which has not responded to visible enforcement.

Answer 3

True

Note: prior approval of the appropriate Division chief

Question 4

Parking in the center median to monitor traffic for any reason, including radar use is discouraged/prohibited.

Answer 4

Discouraged

Note: requires Division approval

Question 5

arrested person has the right to make at least ___ completed telephone
calls, as described, immediately upon being booked or detained, and,
except where physically impossible, no later than ____ hours after arrest.

Answer 5

3

3

Note: additional two calls for parent making arrangements for kids.

Question 6

Officers should/shall physically arrest all violators meeting the conditions described in Section 40302 of the California Vehicle Code (CVC).

Answer 6

Should – may choose complaint to be filed under certain circumstances (sick, juvi’s, etc.)

Note: Felonies shall

Question 7

True or False

If a violator refuses to sign the CHP 215, the supervisor shall determine the appropriate course of action and respond to the scene as necessary.

Answer 7

True

Question 8

In general, minors are not allowed to be placed in an adult jail or lock up (holding cell). An exception permits the temporary,
secure detention of a minor in a police or sheriff’s lockup, not a jail What are the exceptions (3)?

Answer 8

1. 14 or older
2. Temp. custody for violating crim law
3. serious security risk of harm to self or others (602 W&I)

Question 9

If meeting the appropriate criteria, a minor may be locked in a room or cell in the station may not be detained longer than ___ hours.

Answer 9

6

Longer must be transferred to juvenile facility

Question 10

Yes or No

May a juvenile be transported to an adult jail for a chemical test?

Answer 10

Yes – as long as certain conditions are met. In general avoid contact with any adults

Question 11

True or False

A minor must be advised of their Miranda Rights as soon as they are suspected of committing a criminal act?

Answer 11

False –

Same as adults. If no interrogations, the officer shall advise the minor of their constitutional rights just prior to the release of the juvenile to a jail facility or a parent to comply with Section 625 WIC.

Question 12

Citizen’s Arrests: Uniformed employees of this Department shall/shall, subject to the
discretionary power vested in them by law, accept custody of persons arrested by
private persons.

Answer 12

Shall

Question 13

Citizen’s Arrest: If the officer issues a CHP 215, what should be documented in the special box?

Answer 13

Private Persons Arrest

Question 14

True or False

Citizen’s Arrest: The accepting officer is required to determine if there is PC for the arrest.

Answer 14

False – no requirement

Question 15

Citizen’s Arrest: After taking custody, facts of the arrest become known to the officer and the officer is satisfied that there are
insufficient grounds for making a criminal complaint against the person arrested, the arrested party should:

Answer 15

be released from custody pursuant to Section 849(b)(1) PC.

Question 16

When circumstances require issuance of a CHP 103 (release per 849b PC), it shall be completed in _______(how many copies).

Answer 16

Duplicate

Question 17

If an officer decides to make a physical arrest of a driver for a violation of
Section 12500 CVC, Unlicensed Driver; or Sections 14601 through 14601.5 CVC. What is he required to do first?

Answer 17

shall only be made with the concurrence of a supervisor or in response to a warrant.

Note: Drivers charged only with Section 14603 CVC shall not be taken into custody only to prevent recurrence of the offense.

Question 18

If an officer is going to release a driver for violations of Sections 12500 and 14601 through 14601.5 CVC. What should the officer do: (one of three)

Answer 18

1. Admonishing not to drive.
2. Allowing a licensed passenger to drive.
3. Impounding the vehicle

Question 19

Off-duty enforcement actions are _______ and should not be conducted unless the violation is serious in nature or poses a danger to the public.

Answer 19

Discouraged

shall, as soon as practical, notify their command

Question 20

Prima Facie Speed Limits: At 10 miles per hour (MPH) or more above the prima facie speed limit, the officer should/shall stop and should/shall issue a CHP 215, Notice to Appear.

Answer 20

shall

should

Question 21

True or False

At 5 MPH or more above the absolute speed limit for the vehicles(s) or roadway, the officer shall stop and should issue a CHP 215.

Answer 21

True

Question 22

True or False

At 10 MPH or more below the normal speed of traffic, the officer shall stop and shall issue a CHP 215.

Answer 22

False – should cite

Question 23

True or False

Deployment of PCFVs (Primary Collision Factor Vehicles – former SMPV’s) shall be operated only by officers wearing the traditional tan work uniform.

Answer 23

False – may wear utility uniform if they have Level 1 commercial training

Question 24

The use of unmarked vehicles for the apprehension of violators of Section
23109 CVC (speed contest) must be approved by the \_\_\_\_\_\_\_\_\_\_\_.

Answer 24

Office of the Commissioner

Question 25

As the result of several court decisions and the terms of a partially vacated injunction placed against the Department, it is extremely difficult to cite motorcyclists for wearing helmets not in compliance with FMVSS Standard No. 218. Therefore, Officers should/shall not cite for hard shell beanie-type helmets.

Answer 25

Shall Note: officers shall not attempt to make this determination prior to or during an enforcement stop. Supervisor approval is required to cite.

Question 26

Section 21212(a) CVC provides no person under 18 years of age shall operate or ride as a passenger upon a bicycle, a non- motorized scooter, or a skateboard, nor shall they wear in-line or roller skates unless the person under ___ years of age is wearing a properly fitted and fastened bicycle safety helmet.

Answer 26

18

Question 27

Section 21224 CVC states a person operating a motorized scooter is / is not subject to the provisions of the CVC relating to financial responsibility, registration, and license plate requirements, and for those purposes, a motorized scooter is not a motor vehicle.

Answer 27

Is not

Question 28

What is the impound authority when towing a pocket bike / mini bike from a highway?

Answer 28

Isn’t one. They do not have a 17 digit VIN, so they are considered property. Officers can seize the bike if driven on the sidewalk or any portion of the roadway

Question 29

Section 27315 CVC mandates safety belt use by drivers and passengers in motor vehicles but excludes the following:

Answer 29

1. Taxi operators 2. Rural mail carriers 3. Newspaper delivery 4. Certified-physically/medically disabled 5. Auth Emergency vehicle / unless policy states you are required 6. Sleeper berth 7. Collection of solid waste

Question 30

Children less than ___ years of age are subject to the requirements of Section 27360 CVC.

Answer 30

8

Question 31

True or False Farm labor vehicle are exempt from seatbelt laws if operated on the ranchers property and not more than one mile of highway between parts of the farm or ranch.

Answer 31

True

Question 32

True or False Evidence of financial responsibility must only be in written form.

Answer 32

False - Evidence of FR may be written or provided electronically using a mobile electronic device

Question 33

True or False Pursuant to departmental policy, officers shall accept expired insurance cards if the driver indicates the policy is still in effect and the card contains the name of the insurance company and the policy number.

Answer 33

True Note: and accept any FR in written form even if handwritten

Question 34

``` Section 23123 (hand held cell phone use) Unlawful except for emergency purposes, including, but not limited to, an emergency call to: ```

Answer 34

1. A law enforcement agency; 2. Health care provider; 3. Fire department; or 4. Other emergency services agency or entity. Note: also applies to minors

Question 35

True or False - An emergency services professional using a wireless telephone while operating an authorized emergency vehicle, in the course and scope of Employment may still be cited for 23123 VC (cell phone)

Answer 35

False

Question 36

23123.5 VC (Texting): A person shall / shall not be deemed to be writing, reading, or sending a text-based communication if the person reads, selects, or enters a telephone number or name in an electronic wireless communications device for the purpose of making or receiving a hands-free telephone call.

Answer 36

Shall Not

Question 37

Officers may/should/shall not seize a wireless telephone to determine if the driver is using it for emergency purposes as listed in paragraphs 11.b(1)(a) and 11.b(2)(a).

Answer 37

Shall not