Traffic Enfocement Special Considerations

Policy & Procedures                 No. 5.09
                                  Subject:
                    Traffic Enforcement Special
                 Considerations
                                  Issuing Authority:                                       Effective Date:   Review Date:
                     Chief of Police                       09/02/2014   11/30/2023
                                                                                 References:

 Review
 Revision   10/23/2016
 Reissued   09/14/2018
 Dates:     08/30/2020
            10/30/2021

CALEA STANDARDS
61.1.3
            _____________________________________________________________

    1. Uniform Enforcement of Traffic Laws
       Massachusetts traffic laws shall be applied uniformly for all categories of drivers unless
       otherwise noted in this directive.

    2.  Juveniles  61.1.3 B
      There are no special procedures that deal exclusively with juvenile offenders of traffic
       laws and in the issuance of citations. Officers should be aware, however, of the various
        violations that apply exclusively to junior operators.

       Generally, juveniles who have committed a traffic violation shall not be placed in custody
       but shall be issued a traffic citation with the following exceptions:
                  -   Driving while impaired by alcohol or drugs;
                  -   Vehicular homicide; or
                  -   Unauthorized use of a motor vehicle.

         If a juvenile is legally arrested for a motor vehicle offense, he/she will be processed in a
      manner that is consistent with any other juvenile arrest and will be brought before the
       Juvenile Court.

       For instructions on how to deal with juvenile arrests, refer to Department Policy 1.05
      Handling Juveniles.

   Canton Police Department’s Traffic Enforcement Special Considerations       Page 1

3.  Local Residents and Non-Residents  61.1.3 A
   Enforcement activities shall be consistent and in such a manner that does not give
    preference to local residents or non-residents.

   Non-resident operators, who are not duly licensed, are subject to arrest and/or criminal
   complaint application. Discretion shall be afforded to police offices encountering such
    circumstances.

    Police officers may consider the use of warnings for local and non-residents who commit
   minor, non-hazardous traffic violations.

4.  Military Personnel  61.1.3 E
   When dealing with active military personnel, police officers should be aware that MGL
   C90.S5B, S9B, and S10 allow several exceptions to license and registration requirements
    for members of the Armed Forces and their spouses.

    Military personnel who are passing through the Commonwealth may be treated as non-
    residents or if from this state, as residents.

   When responding to a military alert or other emergency, the violator should not be
    detained for an unreasonable period.

     If an arrest is made, the arresting officers shall cause the liaison officer of the nearest
   armed forces investigative headquarters division to be notified.

5.  Legislators  61.1.3 C
   The Massachusetts Constitution (Part 2, Chap. 1, Sec. 3, Art. 10) stipulates that state
    legislators while attending, going to, or returning from a session of the legislature shall be
   exempted from physical arrest.

   U.S. Senators and Representatives have the same immunity while they are in transit to or
   from the Congress of the United States.

   This immunity is limited and does not include traffic violations that are considered to be
   a breach of the peace.

6.  Foreign Diplomats/Consular Officials  61.1.3 D
   Diplomatic officers, their families, official staff and servants are protected by unlimited
   immunity from arrest (except for the commission of a felony where the public safety is
   endangered), detention, or prosecution with respect to any civil or criminal offense.

   Diplomatic immunity from arrest is granted by the United States Government under the
    provisions of the Vienna Convention of 1963 on Diplomatic Relations.

 Canton Police Department’s Traffic Enforcement Special Considerations       Page 2

7. OUI of Diplomats and Consular Officials    61.1.3 D
     If the consular or embassy official is found to be operating under the influence, the
   primary consideration of the investigating officer is to see that the official is not a danger
    to himself/herself or to the general public. Based on a determination of the circumstances,
    the following options are available:

     -     Take the official to the police station or to another suitable location where he/she
          can recover sufficiently to operate a motor vehicle;
     -      Arrange for transportation;
     -     Take the official home if he/she resides locally; or,
     -      Call a taxi for the official.

   Unless he/she is considered a danger to others or himself/herself they should not be
    physically restrained NOR should he/she be subjected to any sobriety testing.

   Under the best circumstances, this is an extremely sensitive situation. The official should
   be treated at all times with the utmost respect and courtesy and the officer must
    constantly impress upon the official that the primary responsibility is the care and safety
    of the official as well as others.

   Force must not be used except to prevent injury to the official or others, and then only the
    absolute minimum force must be used.

8. Motor Vehicle Citations and Parking Tickets Issued to Diplomats and Consular
    Officials  61.1.3 D
   Motor vehicle citations and parking tickets may be issued to foreign diplomats and
    consular officials who have committed a moving violation.

              -   Police officers may issue an appropriate motor vehicle citation or warning to
             an operator stopped for a moving violation who has proper and valid
                identification indicating diplomatic immunity.

              -   Issuance of a motor vehicle citation does not constitute an arrest or detention
                situation and does not fall under the immunity agreement.

9. Towing of Vehicles Bearing Diplomatic License Plates  61.1.3 D
   Vehicles bearing diplomatic plates may be towed, if necessary to prevent serious
    obstruction of traffic circulation. As a courtesy, prior to taking such action, the police
    officer should attempt to seek voluntary removal of the vehicle when such action is
    practical.

 Canton Police Department’s Traffic Enforcement Special Considerations       Page 3