Traffic Enfocement Special Considerations
Policy text
Source details
Source file: 5.09 Traffic Enfocement Special Considerations.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. 5.09
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.
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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.
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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.
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