Traffic Enforcement
Policy text
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Source file: 5.08 Traffic Enforcement.pdf. Policy dates appear on the original cover. Page links use the PDF's page order.
M.G.L. links open the Massachusetts Legislature’s website. Citations with no matching section open the cited chapter directory.
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Policy & Procedures No. 5.08
Subject:
Traffic Enforcement
Issuing Authority: Effective Date: Review Date:
Chief of Police 10/30/2009 11/30/2023
References:
Review
Revision 1/2/2014
Reissued 2/17/2016
Dates: 11/19/19
8/30/2020
10/30/2021
CALEA STANDARDS
61.1.2 61.1.8
61.1.3 61.1.9
61.1.4 61.1.12
61.1.5 41.4.4
61.1.6 41.4.5
61.1.7 81.2.5
GENERAL CONSIDERATIONS & GUIDELINES
The primary purpose of traffic law enforcement is to reduce the amount of traffic
collisions through vigorous attempts at controlling violations that could cause these
collisions. This action is generally achieved by Patrol in the utilization of visibility
factors during preventive patrol and by a uniform, active enforcement program.
Uniformity means that guidelines must be established in order to inform officers of the
usual expectations of the Department and the community with regard to handling
violations. The purpose of this policy is to ensure that the enforcement policies of this
Department are commensurate with applicable law, that they take into consideration the
degree and severity of the violation committed, that the qualitative and quantitative
emphasis are equally integral to the overall program and the activity is conducted in a
safe and efficient manner.
Quantity of enforcement measures should not be construed to mean quotas. This
Department does not have a quota system. However, all officers conducting traffic
enforcement activities and in the regular performance of their duties shall be expected,
whenever possible, to take action against violators and to govern the degree of that action
according to the severity of the violation. The non-punitive actions of verbal or written
warnings should be substituted for legal arrests and punitive citations when the
circumstances warrant, especially in cases of inadvertent violations. Warnings and visible
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patrol, coupled with intensive public education, should be used as much as possible and
punitive enforcement should be used only to the extent necessary.
PROCEDURES
I. Any officer who observes or discovers (upon investigation) a traffic violation
shall take one of the following courses of action: 61.1.2; 61.1.5 (J,I)
A. PHYSICAL ARREST: Arrests for motor vehicle violations may only be
made in accordance with Chapter 90 Section 21 of the Massachusetts
General Laws for: 61.1.5
1. Operating a Motor Vehicle while Under the Influence of
Intoxicating Liquor or Drugs, etc.; (J)
2. Operating a Motor Vehicle After Suspension or Revocation of a
driver’s license; (I)
3. The provisions of Chapter 90 Section 25, generally denoted as
Refusal To Obey a Police Officer;
4. Leaving the Scene of a Motor Vehicle Collision (personal injury);
5. Using a Motor Vehicle without the Authority of the Owner.
6. Reckless/Aggressive driving violations may rise to arrest. (K)
There are also two non-motor vehicle laws/offenses for which a
police officer may arrest. They are;
1. C138 S34C: Minor Transporting Alcoholic Beverages in a vehicle;
2. C266 S28: Stealing, Possessing or Concealing a Stolen Motor
Vehicle
Upon making a legal arrest for any motor vehicle violation, all officers
shall follow established procedures for inventorying, transporting,
searching and booking. In addition, a citation will be issued where
appropriate and according to law.
B. WRITTEN COMPLAINT CITATIONS: These are the backbone of
police traffic enforcement efforts. An officer’s discretion plays a big part
in the decision to take punitive action against a violator. 41.4.5
However, this discretion should be based on a combination of experience,
training and common sense. Naturally, serious offenses, such as Operating
to Endanger, excessive speed, multiple violations and other offenses, will
likely result in a written complaint. Further, a complaint is always issued
in conjunction with a legal arrest for motor vehicle violations. The action
officers should avoid is the issuance of a complaint for violations based on
anger, retribution or prejudice. It is important to remember that issuing
complaint citations is merely another portion of the education process
necessary to reduce collisions. A lesson is seldom learned from the
unwarranted action of a police officer.
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C. WRITTEN WARNING CITATIONS: These should be used in
borderline cases after considering facts such as the seriousness of the
offense, time of day, traffic and vehicle congestion, visibility, weather
conditions and prior violation(s). If used properly, warnings can
effectively be used as a means of educating the public in the area of safe
driving and because it involves less emotional stress, it is also considered
to be an effective public relations tool. However, the excessive use of
warnings, especially if the public generally knows it, should be avoided
because it creates an unsafe feeling and lack of commitment by the police
department within the community. A written warning should usually be
used instead of a verbal warning because it exerts a more effective
influence on the driver and aids in recording the incident for guidance in
disposing of future violations.
D. VERBAL WARNINGS: An officer will generally give a verbal warning
to those violators that he/she feels has sufficiently learned from being
stopped and has taken responsibility for the violation. Verbal warnings are
a frequent action of an officer.
II. STOPPING THE TRAFFIC VIOLATOR: 61.1.7 A,B Every contact between
an officer and a traffic violator or a criminal carries with it the potential for
violence or injury. Tactical procedures have been developed to minimize the
hazards and maximize the effectiveness. The advantages that these procedures
provide for an officer should not be ignored or rejected because a motor vehicle
stop appears to be routine. There is no such thing as a routine stop or arrest.
All situations are individual enough to call for some modification of procedures.
Regardless of the manner in which procedures vary, they must be based upon the
need to exercise sound judgment with full regard for the safety of the public, the
officer and the violator. (A) Public policy demands that a violator be apprehended
as safely and quickly as possible. The fact that an officer is operating a police
vehicle in pursuit of a traffic violator, however, does not give that officer license
to endanger the lives of others simply for the sake of a more rapid apprehension.
When a violation has been observed and the decision to stop a violator made, the
emergency lights are activated to alert the violator and other motorists. The siren -
a valuable psychological tool for apprehending suspected felons as well as a
valuable asset when responding to emergency calls is seldom necessary for a
traffic stop. Some drivers may react too quickly or without enough care when they
hear the siren. The excessive use of the siren may cause some persons to become
confused and unable to follow directions.
Often the officer will not have to leave his traffic lane to inform the violator to
stop. When driving behind the violator, leave enough space to compensate for the
speed of travel, traffic and road conditions. The violator’s attention can be
obtained by sounding the electronic horn and by utilizing the wigwags. Alertness
must be maintained to avoid a collision in the event the violator makes an abrupt
stop.
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In attempting to notify a moving violator to curb and park the vehicle, the efforts of the officer should begin with the simplest and safest and progress to the more complex and hazardous maneuvers when the lesser efforts fail. For example, the pursuing officer will first attempt to inform the violator to stop simply by driving behind, tapping the horn(s) and motioning the operator with his hand towards the curb or shoulder of the road. If the violator fails to respond to this technique, the officer would then use the siren instead of the horn. Enough space must be maintained between the two vehicles to avoid any contact due to swerving. From this position, the officer can observe the driver for possible identification and check the vehicle for any suspicious action. Officers should sound the horn(s) and if this fails, sound the siren to attract the violator’s attention. The violator should then be motioned to a pullover location. When enforcement action is to take place on a divided highway, the officer’s problems are aggravated by the high speeds involved. Perhaps the most common problem on such roadways is that of having to direct the violator from the left lane to the right lane or shoulder. This problem involves not only attracting the attention of the motorist but also of escorting safely to the right without endangering the safety of the other motorists. In this situation, the police car, with emergency lights in operation, is driven behind the violator’s vehicle. The driver’s attention is obtained by sounding the horn(s) and motioning to the right in the direction of the desired stopping place. After the attention of the motorist is obtained, the officer, still behind the violator, cautiously directs and guides the motorist from lane to lane, signaling and warning the trailing traffic of every move. The success and safety of this maneuver is dependent on the gradual and careful move to the right side of the roadway. In any case, the officer must direct the violator to stop the vehicle in a satisfactory location. In congested areas, any vacant location along the curb may be used. Bus stops, loading zones and the like may have to be used to avoid blocking traffic on a narrow or crowded street. At night, well-lighted stopping sites should be selected, when possible. The police car should be stopped about 8 to 10 feet to the rear and about 3 feet to the left of the violator’s vehicle. The offset position affords a safety zone or lane for the officer when he leaves his car to confront the driver. If the stop occurs on a divided highway, both vehicles should be parked on the right shoulder, well out of the path of moving traffic. The emergency lights should remain in operation during the entire stop to warn approaching motorists of a hazard in or near their path of travel. Before leaving the police vehicle to address the operator, the officer should notify Dispatch of the location, make and type of vehicle, and the registration number. He/she should also watch the occupants for any unusual movement or change in seating position. Canton Police Department’s Traffic Enforcement Policy Page 4
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The violator’s vehicle should be approached from the left rear, always remaining
alert for any suspicious movement. Observe the trunk lid for movement and look
through the rear window, checking the back seat and interior. If it is occupied, the
passengers must be kept in view at all times. The officer should never turn his/her
back on the violator or the occupants. The officer should station himself/herself
slightly to the rear of the driver’s door while speaking to the violator. This method
allows better observation of back seat passengers and eliminates the door
becoming an obstruction should the violator try to escape. However, officers
should make sure that they can observe the violator’s hands at all times.
61.1.7A,B
Some situations, such as a suspected intoxicated driver, may call for the violator
being directed to step out of the vehicle. (OUI Policy #76). Under no
circumstances should the officer or violator walk between the two vehicles.
Often a violator will exit his/her vehicle immediately upon being stopped and will
begin to walk back toward the police vehicle. When this happens, the officer
should immediately exit the police vehicle, keeping the open door between
himself/herself and the violator and firmly direct the person to return to his/her
vehicle, evaluate the scene and/or use the public address system. If necessary, the
officer will briefly explain that this procedure is being done for safety purposes.
If the police vehicle making the stop is a two-officer unit, the operator uses the
same method of approach as a one-officer unit. The second officer will approach
from the right side making careful observation of all activity in the violator’s
vehicle. He/she shall assume a position that will not put the two officers in the
same line of fire should use of force become necessary.
III. HANDLING HIGH-RISK OR FELONY MOTOR VEHICLE STOPS: If the
vehicle the officer is attempting to stop has been involved in a felony or is
suspected of being involved in a felony, it is recommended that the officer refrain
from making the motor vehicle stop until a back-up unit is available, if at all
possible. 61.1.7 B
A. OBSERVING CONSTITUTIONAL SAFEGUARDS: While engaged in
what would be considered a high-risk stop or “felony” stop, all officers shall
be guided by Department, State, and Constitutional guidelines on Deadly
Force, Pursuit, and Search/Seizure issues.
B. WAITING FOR BACK-UP ASSISTANCE: An officer who believes that
he/she may be engaging in either a high-risk stop or “felony” stop should wait
for back-up officers to arrive before taking any action beyond the motor
vehicle stop. This safeguard is especially critical if the officer believes that
he/she may be engaging in a potential arrest situation.
C. MAINTAINING SUFFICIENT COVER: Extreme caution should be
exercised if the officer decides to approach the suspect vehicle or if the officer
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intends on issuing commands for the suspects to exit the vehicle. Officers
should be maintaining appropriate protective cover at all times.
D. VERBAL COMMANDS: Verbal commands to the suspect(s) shall be made
by one officer to direct the control of any suspects. The officer’s objective is
to have the suspects exit the vehicle one at a time at the officer’s command,
and thereby maintaining control of the movement of the subjects. The
subjects should be directed by the officer issuing the commands into a safe
position before approaching the suspect and placing the suspect under arrest.
E. OFFICER SAFETY: Officer Safety is paramount in any situation and
consideration should be made to temporarily retreat from a lethal
confrontation, for the officer’s protection and that of innocent citizens.
IV. HANDLING THE TRAFFIC VIOLATOR: 61.1.7 A; 61.1.8 The key to proper
handling of any traffic violator is the professional attitude displayed by the officer
making the stop. Before discussing what should constitute an officer’s
professional attitude, it is necessary to have some psychological understanding of
the mindset of the violator.
Persons who violate the traffic laws represent a cross-section of the society. As
such, they share a common dislike for admitting their own failings. It is a rare
person who can look upon a traffic citation as being solely the end result of
his/her own improper behavior. Most people, to shield themselves from a realistic
evaluation of themselves, will unconsciously attribute their own mistakes and
faults to someone or something else.
To protect themselves from the reality of their own shortcomings, some violators
think of the police officer as being unfair, arbitrary and undesirable. If they
express these feelings, it is important that the officer refrain from returning
comments.
The primary lesson here is that officers must expect to encounter reactions from a
violator based on emotions rather than upon logic or reason. Realizing this, the
officer must discipline himself/herself to maintain calm and professional
regardless of the provocation offered by the motorist.
To help avoid allowing emotions to dictate how an officer will handle a violator,
it is best to make a decision on the course of action to be taken prior to
confronting the violator. Thus, the decision will have been made based on the
elements of the violation only. Obviously, this cannot be done in all cases (for
instance, drunk drivers) but the method can be employed in a large majority of
cases.
Once the decision has been made, the officer will approach the vehicle according
to procedure. He/she should then greet the violator by saying, “Good Morning”
(afternoon, etc.) and inform him/her that you observed him/her driving in
violation of the law and specify the exact nature of the violation.
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The immediate announcement of your observation will greatly reduce the need for
prolonged debate and conversation.
The officer should then ask the operator for his/her driver’s license and vehicle
registration certificate. Upon receiving them, he/she should visually check their
validity and return to the police vehicle for a further check through the dispatcher
and write a citation, if that is the course chosen.
Upon returning to the violator, the officer should return the license and
registration and if a citation has been written, present it to the violator with an
explanation of its meaning including court appearance and appeal instructions.
61.1.7 A Officers will explain the instructions located on the backside of the
ticket and if it is a written complaint, advise the violator to fully read the back of
it themselves so they will understand what procedures they can follow. If
possible, have the violator sign the citation.
The officer should advise the violator to use caution when returning to the traffic
flow, return to his/her police vehicle and wait if possible until the violator has
safely pulled out before shutting off emergency lights and resuming
patrol.61.1.7A
Throughout this experience, the officer should avoid giving the violator the
impression that he/she has committed a capital offense. The officer’s appearance,
attitude and speech should in no way belittle, berate or punish the violator. As
difficult as it might be, the officer must remain courteous.
V. ENFORCEMENT PRACTICES: As mentioned previously, enforcement
activities are normally performed on a routine basis or by selective enforcement
methods. Officers are free, except during fixed-post radar or some other directed
enforcement activity, to employ whichever of the following styles is most
effective for the time and place of the situation:
A. AREA PATROL: Area patrol is self-explanatory. He/she either patrols
from point to point in a designated sector or area or conducts stationary
observations from one point to another. 61.1.6 A
B. COVERT OR OVERT STYLE: Covert (hidden) or overt (open) styles
are conducted from random points within a designated patrol area.
However, covert observations should be restricted to locations that provide
safe egress on to the roadway by the officer and are the least likely to
create a hazardous situation for other motorists when pursuit of the
violator commences. 61.1.6 B
As a general rule, only marked patrol vehicles are to be used for traffic
enforcement activity. Use of unmarked police vehicles for routine or
directed traffic enforcement activity is strictly prohibited unless the
vehicle is equipped with a siren and blue emergency lights that have been
installed in such a manner as to make them visible to all motorists when
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they are activated. Even then, use of such a properly equipped unmarked
vehicle for routine or directed traffic enforcement activity must be cleared
through a Shift Supervisor. 61.1.6 C
Conversely, use of improperly equipped unmarked police vehicles or any
private vehicles, is strictly forbidden during routine or directed traffic
enforcement activity. However, if an officer observes a flagrant isolated
violation while he is operating an unmarked police vehicle, it will be
permissible to make the stop for the purpose of issuing a citation providing
it can be accomplished in a safe, off-road manner without pursuit. Extreme
caution in addition to having due regard for the safety of the violator and
other motorists must be exercised in these situations.
C. ROADSIDE SAFETY CHECKS: Routine safety checks can be done on
vehicles suspected of safety violations such as cracked windshields, loud
exhausts, or lights out. 61.1.6 D
VI. CERTAIN CATEGORIES OF MOTORISTS: (see also, Traffic
Enforcement Special Considerations Policy)
A. LEGISLATORS: The Massachusetts Constitution (Part 2, Chap. 1.
Sec.3, Article 10) stipulates that state legislators, while attending, going
to, or returning from a session of their respective houses shall be exempt
from physical arrest. However, citations may be issued as appropriate.
61.1.3 D
B. JUVENILES: May be issued a citation for motor vehicle offenses that
will be processed in the same manner as a citation issued to an adult.
However, 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. 61.1.3 B
C. OUT OF STATE MOTORIST: Violations of any type shall be handled
in the same manner as one committed by a resident of Massachusetts, with
one exception. Out of state drivers may be arrested for operating in the
Commonwealth without a license in possession. 61.1.3 A
D. ACTIVE-DUTY MILITARY PERSONNEL: May operate military
equipment only on an Armed Forces driver’s license. They are not
authorized to operate private vehicles on such a license nor are they
authorized to operate private vehicles on an expired license, whether or
not it is a Massachusetts issued license. However, this rule is waived when
a member of the Armed Forces has returned from overseas duty within the
previous 30 days and they have their military license on their person.
61.1.3 E
The Registry has ruled that a member of the military whose license has
expired in Massachusetts while stationed in the United States may obtain a
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valid license from the state they are stationed in. Discretion is a key word
in handling this type of incident.
E. FOREIGN EMBASSY OR CONSULAR OFFICIALS: By law, those
individuals with proper credentials are exempt from any type of arrest.
However, this does not preclude an officer from issuing a citation for a
motor vehicle offense since this action does not constitute an arrest or
detention. Whether the fine is paid or not is another matter. 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:
1. take the official to the police station or to another suitable location
where he/she can recover sufficiently to operate a motor vehicle;
2. arrange for transportation;
3. take the official home if he/she resides locally; or,
4. call a taxi for the official.
Unless he/she is considered a danger to others or himself/herself they
should not be physically restrained.
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.
61.1.3D
VII. MULTIPLE VIOLATIONS: Whenever officers encounter situations whereby
the possibility exists that three (3) violations could appear on a single citation,
they should confer with the Shift Supervisor regarding the necessity of the
multiple charges. 61.1.5 D
VIII. HAZARDOUS VIOLATIONS: These instances, which include operating to
endanger cases, should never be treated lightly by the investigating officer. Most
of these incidents should, at a minimum, be dealt with by issuing a written
complaint citation. In addition, public carrier and commercial vehicle violations
regarding use of roadway and load restrictions shall be considered as hazardous.
61.1.5 E
VIX. DEFECTIVE EQUIPMENT VIOLATIONS/NON-MOVING: There are
occasions when officers prefer to issue a written warning instead of a written
citation for defective equipment. Defective equipment violations may be utilized
for the following offenses: 61.1.5 A,B
1. broken or defective headlights and/or tail lights;
2. inoperable horns; and
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3. broken number plate light.
The only exceptions will occur when a legal arrest results from the equipment
violation stop. In these cases, a citation must be issued in order to justify the stop.
The uses of citations for multiple offenses which include defective equipment
violations are permitted.
Officers shall retain discretion for either/or only on those defective equipment
violations not listed above. 61.1.5 B
X. APPRAISAL OF CHANGES AND ENACTMENT OF LAWS: It shall be the
responsibility of the Training Officer to apprise officers through the use of roll
call, memos and in-service training of newly enacted or changes in motor vehicle
laws and regulations. This appraisal shall include an interpretation if necessary, an
opinion as to whether verbal or written warnings should be issued in lieu of
complaints and/or arrests for a specified period of time to facilitate public
awareness. 61.1.5 L
XI. UNWITNESSED TRAFFIC VIOLATIONS: 61.1.5 F Special circumstances
arise when officers detect certain motor vehicle violations not committed in their
presence, such as those revealed during the course of a collision investigation or
reporting. When these situations occur, all officers of this Department shall be
expected to take positive enforcement action that is consistent with established
Department traffic enforcement policies and procedures (physical arrest, written
complaint, written warning or verbal warning).
When taking this specific enforcement action, all officers shall realize that
probable cause is established by obtaining the necessary elements of the violation
through investigation. Probable cause is necessary because the alleged actions of
the violator were un-witnessed by the officer. The investigation may include, but
is not limited to:
A. statements or admissions made by the alleged operator to the officer;
B. statements of witnesses;
C. collision scene investigations;
D. physical evidence obtained; and,
E. any observations by the officer before and after having established that the
alleged violator was the operator.
In addition, a “Citizens Complaint Form” is available for citizens that feel
aggrieved by an officer to forward to the department. This form will be forwarded
to the Shift Supervisor. He/she will then forward it to a Lieutenant to determine if
administrative action should be taken against the offending officer(s).
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XII. HEARINGS FOR INCAPABLE/IMPAIRED OPERATORS: Officers who
have occasion to be involved in any incident whereby the operator has displayed
an obvious mental or physical incapability to safely operate that vehicle (or any
other), in a manner consistent with motor vehicle rules, regulations and laws and
whereby that mental or physical incapability does not appear to be of a temporary
nature, the officer shall adhere to the following policy and procedure of the
Department: 61.1.12
A. INVESTIGATING OFFICER: File a complete written report detailing
all information regarding the particular incident or any series of incidents.
Include the names and addresses of any witnesses, copies of collision
reports, citations and any other pertinent evidence. Most importantly, the
report should contain a detailed description of the officer’s personal
observations of the subject’s mental or physical state and a conclusion that
recommends a hearing should be held to determine competency to operate.
If an immediate threat is perceived it should be so-noted to expedite the
hearing process using the prescribed Registry of Motor Vehicle form.
B. SHIFT SUPERVISOR: Assist the investigating officer with any
additions, deletions, or corrections to the report or supporting evidence.
Fully review the completed report, initial it and forward it to a Lieutenant
for further review.
C. LIEUTENANT: Upon receipt of all reports on the incident, prepare and
remit the Registry form with a brief explanation of the facts to the Chief of
Police. This and any required support data and a formal request for a
hearing will be forwarded to the Registry.
E. REGISTRY OF MOTOR VEHICLES: Hearing requests become an
administrative matter for the Registry. Generally, this Department will not
be required to present evidence.
XIII. OTHER ENFORCEMENT VIOLATIONS:
A. SPEED VIOLATIONS: Speed is one of the main causes of accidents.
Officers shall take appropriate enforcement action for speeding violations.
Officers shall use the verbal warning, written warning, and citation to have
motorists voluntarily comply with traffic laws and regulations to ensure
maximum reduction of accidents. Speeding citations should be a clearly
convictable speed in court, and may to some extent depend on the location
of the violation (congested area, downtown, school zone, etc.). 61.1.5 C
1. RADAR/LIDAR: Officers using speed measuring devices
(Radar) shall be fully trained and certified before being authorized
to use such devices for traffic law enforcement. This training shall
be coordinated through the department training supervisor, or his
designee. Maintenance and calibration records of Radar units shall
be kept by the Chiefs designee. 61.1.9 (4E)
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2. PLACEMENT: The placement of Radar equipment at fixed posts
shall be determined through both selective enforcement data
analysis and prior knowledge.
.
3. USE OF SPEED MEASURING DEVICES IN TRAFFIC LAW
ENFORCEMENT: All members of this department shall adhere
to the following guidelines which govern the use of speed
measuring devices in traffic law enforcement:
a. EQUIPMENT SPECIFICATIONS: Members of this
department shall use mobile or hand-held traffic Radar
units. Specific information on these units may be found in
the operator’s manual which accompanied each unit.
61.1.9 (4A)
b. OPERATIONAL PROCEDURES: The operational
procedures for these units concerning (if applicable)
stationary mode, moving mode, range control, interference,
audio and squelch, tracking, and locking display readings
shall be adhered to as provided in the operator’s manual for
this unit. 61.1.9 (4B)
c. PROPER CARE AND UPKEEP: All officers using the
Radar units are responsible for the proper care and upkeep of
the unit(s) they use. Such care and upkeep shall be done in
accordance with the directions given them during their original
training in the use of the equipment. 61.1.9 (4C)
d. PROGRAMMED MAINTENANCE: The Chief’s designee
shall schedule maintenance inspections of each Radar unit at
least as often as the units are calibrated. A record of all
maintenance on each Radar unit shall be maintained by the
Chief’s designee. 61.1.9 (4D)
e. MAINTENANCE AND CALIBRATION RECORDS: Each
Radar unit shall be calibrated at least once a year or sooner if
needed. Each officer shall check the calibration of the Radar
unit each time it is used during his tour of duty. 61.1.9 (4D)
B. PUBLIC CARRIER/COMMERCIAL VEHICLE VIOLATION:
Particularly in the downtown area, consider the congestion, lack of
parking, and the carrier’s need for delivery access. Repetitive violators
should be cited. 61.1.5 E
C. OTHER NON-HAZARDOUS VIOLATIONS: With other non-
hazardous violations of law, ordinances, or regulations affecting the use or
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protection of streets or highways, but not enacted primarily to regulate
safe movement of vehicles and pedestrians, consider warnings unless
repetitive or flagrant. 61.1.5 H
D. SPECIAL ENFORCEMENT: The primary responsibility for the
enforcement of traffic laws and regulations rests with the patrol division
and Mobile Operations Unit. However, all sworn officers, while on duty,
shall take appropriate enforcement action for violations of traffic laws and
regulations they observe.
1. BICYCLES AND PEDESTRIANS: In those areas where traffic
flow is minimal, visibility is unobstructed, and traffic accident
experience is low, officers should exercise discretion in the
application of those laws regarding pedestrian safety and the safe
operation of bicycles. Conversely, where congestion and the
frequency of accident experience involving pedestrians and/or
bicycles have been predominant, those laws pertaining to
crosswalk safety and the safe operation of bicycles shall be
enforced for necessary. Mass. Gen. Law, Chap. 85, Sec. 11B
(and the Town of Canton By Law) regulates the use of bicycles,
and Mass. Gen. Law, Chap. 90, Sec. 1B and 1C regulates the use
of mopeds. 61.1.5 G,H
2. RECREATIONAL AND SNOW VEHICLES: Officers shall
take appropriate enforcement action against operators of off-road
recreational vehicles (e.g., snowmobiles, dirt bikes, mini bikes)
committing violations that are either observed by them or reported
to them. All rules pertaining to Recreational and Snow Vehicles
can be found in Mass. Gen. Law, Chap. 90B, Sec. 20-34
inclusive. 61.1.5 E
XIV. DAILY SELECTIVE ENFORCEMENT LOG: Whenever any officer is
assigned to selective enforcement through the Lieutenant’s office, he/she shall
complete a Daily Enforcement Log Sheet upon conclusion of that activity. The
log will include the location of the assignment, the time of assignment, total stops
made and the number of citations issued during the assignment period. The
completed sheet will be forwarded to the Lieutenant’s office. The purpose of this
log is to assist in determining the effectiveness of selective enforcement
programs.
XV. CALLING IN MOTOR VEHICLE STOPS: Given the dangers inherent in
stopping motor vehicles and the need to maintain accurate activity data, it is
necessary to have a clear policy on notifying communications when a motor
vehicle is stopped by an officer for any reason.
A. ROUTINE PATROL: Any time an officer believes any stop should be
entered into the CAD for safety or documentation reasons, the officer
making the stop shall notify Dispatch that a stop is being made. Upon
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acknowledgment by the dispatching officer, he/she will give the location
of the stop, the type and make of vehicle and the plate number of the
vehicle. When clearing the stop, the officer shall report so via radio.
B. SELECTIVE ENFORCEMENT OR FIXED RADAR POST: The
officer shall notify Dispatch of the location of the radar post. It will then
only be necessary to advise of the stop, wait for the acknowledgment and
give the make, type, and plate number to the dispatcher. The officer shall
also advise when he/she is clear of that particular stop and when he/she is
clear from the location.
C. COMMUNICATIONS RESPONSIBILITIES: On any motor vehicle
stop, whether during routine patrol or for selective enforcement, the
dispatching officer acknowledging the radio message shall:
1. fill in the name of the officer making the stop, the time of the stop, the
location of the stop, the make, plate number and type of vehicle
stopped and the time cleared from the stop in CAD.
2. as a matter of routine, run a LEAPS listing/stolen on the vehicle as
soon as possible after recording the initial stop in case the information
is needed by the officer and/or to provide him/her with data that may
influence the desirability of a back-up unit or other precautions.
XVI. RMV AFFIDAVIT FOR SUSPENSION OR REVOCATION: Whenever any
operator is cited for Operating after Suspension or Revocation, the officer issuing
the citation shall print out a Registry of Motor Vehicles affidavit and place it with
the citation.
XVII. RMV REQUEST FOR IMMEDIATE THREAT/LICENSE RE-
EXAMINATION: The following is the procedures for officers to follow in
identification and referral of drivers recommended for reexamination by the
Registry of Motor Vehicles. A ‘Request for Immediate Threat License
Suspension/Revocation form must be filled out when an officer believes that a
licensed operator has committed a violation of the motor vehicle laws of nature
that would give you reason to believe that his/her continued operation will be so
seriously improper as to constitute him/her an immediate threat to the public
safety. This form must be filled out in completion and signed by the Chief of
Police. After completion, the form is to be faxed to the Massachusetts
Department of Transportation (MassDOT) Registry of Motor Vehicles (857) 368-
0013. The registry will review the facts and make a determination. 6.1.12
XVIII. RMV NOTIFICATION RE: MV HOMICIDE CITATIONS: Chapter 90
Section 29 requires, “the police department having jurisdiction over the place or
way where such collision occurred, shall notify the Registrar of Motor Vehicles
forthwith of any fatal collision or collision involving serious injury.”
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The Registrar is mandated by Section 29 to immediately suspend the license or
right to operate of a person operating a vehicle in a fatal collision, unless
preliminary investigation indicates that the operator may not have been at fault.
The Registrar is also authorized under Section 22A to suspend immediately when
he has reason to believe that continued operation by the person involved in a
serious collision would pose an immediate threat to public safety
In order to facilitate our mutual responsibilities in this area, whenever an operator
is cited by an officer of this Department for violation of either Chapter 90 Section
24G (Motor Vehicle Homicide) or Chapter 90 Section 24L (Serious Injury), it
shall be the responsibility of the officer investigating (upon completion of the
reports) to leave copies with the Detective Bureau so they can be faxed to the
Registry.
XVIV.PARKING CONTROL: Parking regulations shall be enforced with
reasonableness and impartiality in all areas of the town.
A. Parking control activities are essential to the safe and efficient movement
of vehicles.
B. The Board of Selectmen is responsible for implementing the parking
control regulations.
XVV. PARKING ENFORCEMENT:
A. ENFORCEMENT - SEASONAL VARIANCE: Officers must be aware
that parking problems within the Town of Canton vary as the seasons
change. During the winter months, enforcement efforts are directed at
educating the public to park where overnight parking is permitted, which
allows ample room for snow plowing, necessary to ensure safe passage of
fire, ambulance, and police vehicles. As the summer months approach,
enforcement efforts change. Officers should direct their attention to
violations which are hazardous to the public welfare and appropriate for
summer enforcement, such as:
1. Wrong direction parking
2. Within ten (10) feet of a hydrant
3. Double parking
4. Parking on crosswalk
5. Handicap parking
B. PARKING ON SIDEWALK VIOLATIONS: Violations for parking on
the sidewalk are a concern for both the police and the public. Any
violations of parking on the sidewalk where there are formally constructed
sidewalks should be strictly enforced 61.1.1
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