HPM110-5_Ch1

HPM110-5_Ch1 - CHAPTER 1 RESPONSIBILITIES AND POLICIES TABLE OF CONTENTS GENERAL RESPONSIBILITIES 1-1 REQUESTS FOR ASSISTANCE 1—1 LOCAL AGENCY

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Unformatted text preview: CHAPTER 1 RESPONSIBILITIES AND POLICIES TABLE OF CONTENTS GENERAL RESPONSIBILITIES ............................................................................... .. 1-1 REQUESTS FOR ASSISTANCE .............................................................................. .. 1—1 LOCAL AGENCY RESPONSIBILITY ........................................................................ .. 1-1 LOCAL AGENCY POLICY ......................................................................................... .. 1-2 CALIFORNIA HIGHWAY PATROL RESPONSIBILITY ............................................. .. 1-2 CALIFORNIA HIGHWAY PATROL POLICY (Revised 05-04.) ................................. .. 1—3 COLLISION INVESTIGATION ................................................................................... .. 1-5 COLLISION REPORT ............................................................................................... .. 1-6 FILING OF COMPLAINTS ......................................................................................... .. 1—7 Prosecution ............................................................................................................. .. 1-7 Complaint Criteria ................................................................................................... .. 1-7 ADMINISTRATIVE REVIEW ..................................................................................... .. 1-7 ANNEXES A - CROSS REFERENCE TO OTHER PUBLICATIONS REGARDING TRAFFIC COLLISIONS/SERVICES i HPM 110.5 CHAPTER 1 RESPONSIBILITIES AND POLICIES 1. GENERAL RESPONSIBILITIES. Every California law enforcement agency, having responsibilities for traffic enforcement should document motor vehicle traffic collisions in accordance with the provisions of this manual. 2. REQUESTS FOR ASSISTANCE. For assistance regarding preparation of the CHP 555, Traffic Collision Report, classification of motor vehicle traffic collisions, available services, please call (916) 323-1483 or write to: California Highway Patrol Enforcement Services Division Field Services Section Accident Investigation Unit 444 North Third Street, Suite 310 Sacramento, CA 95814 3. LOCAL AGENCY RESPONSIBILITY. Local agencies should INVESTIGATE or REPORT, in accordance with the provisions of this manual, all collisions that occur— within the scope of their responsibility. If the city has contracted for traffic law enforcement services with another law enforcement agency, the contract agency is ‘ responsible. Local agency responsibility includes: a. All motor vehicle traffic collisions (Refer to Chapter 2, Definitions and Classifications of Collisions, Page 2-11, Motor Vehicle Traffic Collision) occurring on streets and highways within the city limits. b. All motor vehicle non-traffic collisions (Refer to Chapter 2, Definitions and Classifications of Collisions, Page 2-10, Motor Vehicle Non—Traffic Collision) resulting in personal injury or death; or involving a violation of Vehicle Code (VC) Section 20002 in which a driver fails to immediately stop his/her vehicle at the scene of the collision and reports the collision or provides notification as required by law; or driving while under the influence of alcohol or drugs occurring on public or private property within the city limits. c. All bicycle collisions (Refer to Chapter 2, Definitions and Classifications of Collisions, Page 2-1, Bicycle) occurring on a highway within the city limits. ’l»1 HPM110.5 4. LOCAL AGENCY POLICY. This chapter may be adopted in whole or in part by local law enforcement agencies. lfthis chapter is not adopted in its entirety, local agencies should, as a minimum, establish a reporting policy concerning documentation of: a. All collisions resulting in injury or death to any person pursuant to V0 Section 20008. ' b. Property damage only traffic collisions. All law enforcement agencies with collision reporting responsibilities are encouraged to document as many collisions as possible. Local policy will determine the degree of participation. c. Collisions involving an identifiable violation when prosecution will be sought. d. Bicycle collisions. (Refer to Chapter 2, Bicycle.) e. Non~injury motor vehicle traffic collisions reported at the police facility. (Refer to Counter Reports as defined in V0 Section 20015.) f. Motor vehicle non-traffic coilision. (Refer to Chapter 2, Motor Vehicle Non-Traffic Collision.) 5. CALIFORNIA HIGHWAY PATROL RESPONSIBILITY. The California Highway Patrol (CHP) shall document the following motor vehicle traffic collisions: a. All motor vehicle traffic collisions occurring on freeways, except as provided in paragraph 8(g). (Refer to Chapter 2, Motor Vehicle Traffic Collision.) b. All motor vehicle traffic collisions occurring on streets and highways outside the limits of incorporated cities, except as provided in paragraph 8(g). (Refer to Chapter 2, Motor Vehicle Traffic Collision.) c. All motor vehicle non-traffic collisions (Refer to Chapter 2, Motor Vehicle ‘ Non-Traffic Coilision) resulting in personal injury or death; or involving a violation of VC Section 20002 in which adriver fails to immediately stop his/her vehicle at the scene of the collision and reports the collision or provides notification as required by law; or driving while under the influence of alcohol or drugs occurring on public or private property outside the limits of incorporated cities and not within the boundaries of a military reservation, National Park, or National Monument held under exclusive federal jurisdiction For guidelines, refer to Highway Patrol Manual (HPM) 100.67, Law Enforcement Assistance and Inter-Jurisdictional Operations, Chapter 6, Departmental Responsibilities on Federal Lands. HPM 110.5 1-2 ' d. School bus collisions regardless of the dollar value of the damage. (Refer to Chapter 2, Definitions and Classifications of Coliisions, Page 2-14, School Bus Collision, and Title 13 California Code of Regulations, Sections 1219 and 1237.) (1) All motor vehicle traffic collisions and motor vehicle non-traffic collisions (Refer to Chapter 2, Motor Vehicle Traffic Coilision and Motor Vehicle Non—Traffic Collision) occurring on state property patrolled as a function of the Department’s Safety Services Program or in cities contracting with the Department for patrol activities. For additional guidelines, refer to HPM 100.70, Safety Services Program. (2) All bicycle collisions occurring on a highway within Department responsibility. (Refer to Chapter 2, Bicycle.) e. All collisions involving a vehicle being used. on Department business within the limits of an incorporated city, only when local agency procedures do not require documentation of the collision. (Refer to HPM 11.1, Administrative Procedures Manual, Chapter 7, Reports of Accidents). 6. CALIFORNIA HIGHWAY PATROL POLICY. The purpose of this chapter is to provide CHP policy in relation to HPM 110.5, Collision Investigation Manual (CIM): a. The objective of this chapter is to ensure all CHP officers and sergeants document collisions according to the provisions of the CIM in conformance with current policy and commensurate with their level of training. b. This manual is used by allied law enforcement agencies in California. Because CHP policy may differ from other agencies, the word “shall” may be substituted with "should" by these agencies according to their local policy. c. The basic form of documentation of collisions shall be the INVESTIGATION. In certain limited situations, 3 REPORT may be completed. Whichever form of documentation is used, it is anticipated the completed document will exemplify the best possible traffic investigation report writing techniques. The document shall lead to logical conclusions based upon the facts of the reported Collision. d. Each officer has the responsibility to develop report writing and investigative ' skills that will lead to high quality and professional documentation of coliisions. INVESTIGATIONS and REPORTS shall be ciear, concise, complete, and answer the questions who, what, when, where, why, and how in a time sequential manner according to the provisions of this manual. To enhance the high quality and professional standards of coliision investigations, Area commanders shall ensure 1-3 ' HPM 110.5 that all officers and sergeants have completed, at a minimum, Intermediate Accident Investigation training. e. Area commanders shall ensure sufficient levels of review exist and ensure completed documents, either INVESTIGATIONS or REPORTS, are high quality, professional products. Additionally, Area commanders are responsible for strict adherence to the procedures contained in this manual. Area commanders are encouraged to review fatal injury investigations. When the techniques used by officers are beyond the level of training of the AI Review Officer, the Area commander shall require the report to be reviewed by an officer or sergeant with equal or greater level of training. When reconstruction methodologies (dynamics, speed calculations, etc-) are utilized by qualified officers, the Area commander shall require those methodologies be reviewed by a Traffic Accident Reconstruction Specialist (TARS) certified officer or sergeant- If TARS certified personnel are unavailable, the methodologies shall be forwarded to their respective Division Multidisciplinary Accident Investigation Team (MAIT) for review. (1) To request MAIT assistance, refer to Annex 1-A-1, Criteria for Requesting Multidisciplinary Accident Investigation Team (MAIT) Assistance. (2) Area commanders are strongly encouraged to allow their officers to assist their Division's MAIT during investigations conducted within their Area. This will enable officers to further develop as traffic collision investigators. f. The narrative samples in this manual represent the minimum acceptable level of documentation and shall not exclude other pertinent areas of reporting. 9. Documentation of collisions shall be made utilizing the CHP 555, Traffic Collision Report, and in accordance with the provisions ofthis manual. (Refer to Annex 1—3-1, Cross Reference to Other Publications Regarding Traffic Collisions/Services.) ' h. Area commanders shall institute procedures for the timely submission of collision investigations and report documents, emphasizing the need to prepare, review, and approve these documents within the eight-day completion time frame. Collision reports shall normally be available to the public within eight working days. Adherence to the transmittal schedule shall be maintained as outlined in Chapter 10, Form Requirements and Procedures, Page 10-8, Transmittal Schedule. (Revised 10-05.) HPM 110.5 14 7. COLLISION INVESTIGATION. A collision shall be documented as an INVESTIGATION when one or more of the following conditions apply (Refer to Chapter 7, Instructions for Completing the CHP 556, Narrative/Supplemental, Page 7—3, Investigation Narrative): a. A motor vehicle traffic collision results in the death of a person on or off a highway. b. A motor vehicle traffic collision results in personal injury. (Refer to paragraph 8, Collision Report for exceptions.) c. The collision is a school bus collision. (Referto Chapter 2, School Bus Collision.) d. All collisions resulting in an in—custody arrest for a violation of VC Sections 2800.1, 20002, or 23152. e. The collision is the result of an identifiable violation and prosecution will be sought. To support the prosecution, statements, collection of evidence, and a detailed analysis of the collision is required to prove the section violated. In the event of a property damage only collision, an Area commander may establish local procedures to forego prosecution and document this collision in the report format. When the offense to be prosecuted is not collision related, such as possession or storage of an open container of alcoholic beverage, the requirement for an INVESTIGATION should be based upon the needs of the prosecuting attorney. f. An involved party is in violation of the hit-and—run provisions of VC Section 20002, on or off the highway, and sufficient information is available to identify the hit-and-run driver through follow-up. For example: (1) A witness to the collision records the license plate number of the hit-and-run vehicle and can identify the driver. (2) Witnesses provide a description of the hit—and-run vehicle and sufficient physical evidence (vehicle parts, personal property, etc.) is available for later Identification of the vehicle and driver at the time of the collision. g. A state-owned vehicle is involved in the collision. Operational damage to CHP vehicles will be documented according to departmental policy. (Refer to HPM 11.1, Administrative Procedures Manual, Chapter 7, Reports of Accidents.) 1-5 HPM 110.5 8. COLLISION REPORT. A collision may be documented as a REPORT when one or more of the following conditions apply: a. A motor vehicle non-traffic (off highway) collision involves an injury. (Refer to Chapter 2, Motor Vehicle Non-Traffic Collision.) b. Upon approval of the Division commander, on an Area by Area basis, a collision in which the only injury or injuries involve a “Complaint of Pain” claim provided the party exhibits no visible physical injuries, refuses medical treatment at the scene, and is not transported to a medical facility. (1) Division commanders should consider the following factors at a minimum prior to giving approval for an Area to document a “Complaint of Pain“ traffic collision in the REPORT format: (a) The average number of traffic collisions each officer investigates per yeah (b) Community service expectations. (c) Operational obligations (e.g., state security) and workloads unique to that specific Area. (2) The Area commander, supervisor, or officerfs) on scene should recognize situations where a “Complaint of Pain” injury may involve authentic internal or other non-visible injuries. Careful consideration of all factors (e.g., vehicle damage, physical evidence, mechanism of injury, fraud, potential for serious non—visible injury, etc.) associated with the collision shall be made prior to documenting the collision in the REPORT format. c A collision involves damage to private property and the driver is unable to notify the property owner in compliance with VC Section 20002, but notifies this Department without unnecessary delay. d. A collision involves property damage only (includes vehicle fire and tow-away) or an officer witnesses the collision causing violation and issues a citation at the scene of a property damage only collision. e. A collision involves a late-reported injury. (Refer to Chapter 2, Definitions and Classifications of Collisions, Page 2-8, Late-Reported Collision.) f. A citizen insists a collision be documented which is not othenrvise included within the categories of an INVESTIGATION or a REPORT, such as a private property collision involving property damage only. A REPORT may be prepared subject to the following conditions: HPM 110.5 1-6 (1) The citizen shall be advised documentation is not required. (2) The citizen shall be informed ofthe financial responsibility requirements of VC Section 16000, if applicable. (3) Documentation may be made by completing a counter report at a CHP office. 9. If individuals involved in a property damage only collision insist on exchanging required information in lieu of a formal collision report, parties will be allowed to do so after an officer has advised them of the financial responsibility requirements of VC Section 16000. However, officers shall not solicit individuals to exchange required information in lieu of a formal collision report. 9. FILING OF COMPLAINTS. a. Prosecution. Prosecution shall be based on a thorough INVESTIGATION with adequate evidence to support all necessary elements of an offense. b. Complaint Criteria. Each complaint against an individual sought as a result of a collision INVESTIGATION shall meet the following criteria: (1) The facts determined by the INVESTIGATION shall constitute a violation of a specific statute. (2) There shall be adequate evidence to support each element of the offense. (3) Applicable departmental enforcement policies and tolerances shall be observed. 10. ADMINISTRATIVE REVIEW. Commanders shall be responsible for establishing a system of administrative review and control to ensure all prosecution resulting from collision INVESTIGATIONS are in conformance with standards set forth in this manual. 1—7 HPM 110.5 CROSS REFERENCE TO OTHER PUBLICATIONS REGARDING TRAFFIC COLLISIONSISERVICES Numerous Highway Patrol Manuals (HPM), General Orders (GO), Guides (HPG), and other miscellaneous publications provide instructions and information regarding investigating traffic collisions, selling traffic collision reports, and providing traffic services. The list includes, but is not limited to, the following: Publication Erie GO 100.30 Closing of Highways for Salvage Operations GO 100.39 CHP 202 - Driving Under the Influence Arrest-investigation Report/CHP 216 - Arrest~lnvestigation Report GO 100.46 Reporting of Highway Conditions GO 110.2 Release of Accident Information GO 110.7 Policy - Daily Reporting of Traffic Deaths GO 110.8 Photographs for Accidents and Investigations HPG 40.60 Statewide Integrated Traffic Records System Users' Guide HPM 11.1 Administrative Procedures Manual Chapter 4, Miscellaneous Sales Chapter 7, Reports of Accidents Chapter 9, Civil Complaints, Defense of Employees, Indemnification of Citizens, Victims of Violent Crimes HPM 70.6 Officer Safety Manual HPM 84.2 Hazardous Materials TranSportation and Incident Management HPM 100.67 Law Enforcement Assistance and Inter-Jurisdictional Operations HPM 100.70 Safety Services Program Manual HPM 110.1 Multidisciplinary Accident Investigation Team Operations Manual ANNEXA 1-A-1 HPM110.5 ...
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This note was uploaded on 08/13/2009 for the course AJ 92 (LD29) taught by Professor Cotteen during the Spring '07 term at Palomar.

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HPM110-5_Ch1 - CHAPTER 1 RESPONSIBILITIES AND POLICIES TABLE OF CONTENTS GENERAL RESPONSIBILITIES 1-1 REQUESTS FOR ASSISTANCE 1—1 LOCAL AGENCY

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