Driving/Vehicle Procedures

Policy Preamble/General:

• policy of this department to ensure members are held accountable while operating a vehicle. Department members will operate vehicles in a safe manner while mitigating risk when possible and with public safety as a top concern

• Emergency vehicles do not always have absolute right of way.

• Department members will operate police vehicles reasonably and with regard for the rights and safety of others, regardless of circumstances

• The operation of police vehicles must be within law—-irresponsible, careless, and reckless driving is prohibited

• Members must follow all traffic laws set forth in NRS, city and county codes and ordinances, and department policies while operating dept. vehicle

• NRS 484.261:

  • “THE PROVISIONS OF THIS SECTION DO NOT RELIEVE THE DRIVER FROM THE DUTY TO DRIVE WITH DUE REGARD FOR THE SAFETY OF ALL PERSONS AND DO NOT PROTECT THE DRIVER FROM CONSEQUENCES OF THE DRIVER’S RECKLESS DISREGARD FOR THE SAFETY OF OTHERS.”

Seat Belts:

• department members, citizens, and arrestees occupying department vehicles will wear seat belts while the vehicle is in motion (NRS 484D.495)

• The only exception to this is when the vehicle is traveling less than 15 mph and the driver or passenger(s) is expecting to exit the vehicle to take immediate police action once the vehicle has stopped.

• Use of seatbelt extenders is prohibited

• Seat belts will be used when transporting children of any age and a DOT approved child safety seat will be utilized (see NRS 484B.157 and LVMPD 4.345 Transporting Children in Child Safety Seats)

Cell Phones

• texting, emailing, or using a cellphone while driving without a hands- free mechanism is prohibited while a vehicle is in motion. This does not include the use of MDT for police business purposes

1. Cellphone use while operating a department vehicle (on or off duty) will be limited to hands fre usage (i.e. earpiece, speaker phone, or Bluetooth). Earpieces and Bluetooth devices will be black, silver, or brown in color. If the cellphone is not equipped with a hands free option, the department member will pull over to a location where it can safely be used

2. The use of a cellphone earpiece should not interfere with effectively monitoring the radio or attending to the sounds of traffic or citizens. Conversations should be brief and not interfere with the safe operation of the vehicle.

3. While engaged in a priority response or vehicle pursuit, department employees are prohibited from using cellphones in any capacity

4. Text message in or emailing while driving is prohibited. This includes reading messages and checking messages at stop signals.

5. Personal communications on cell phones while engaged in enforcement activity should be conducted cited out of view of the public when feasible, unless exigent circumstances exist.

6. On-duty personnel will not wear a cellphone earpiece at any time if a radio earpiece is worn.

• Members using cellphones while operating a department vehicle must use good judgment and discretion, keeping in mind officer and public safety at all times.

Maintenance

Dept. vehicles will be maintained, repaired, and fueled as outlined in 10.450, maintenance and fueling of department vehicles

Electronic safety aids

• Ford utility patrol vehicles are equipped with electronic stability controls, traction controls, rear parking sensors, and rear parking cameras

• The safe operation of these vehicles depends on the activation and functionality of the electronic aids

• Disabling these aids is prohibited (exception: in inclement conditions [i.e. snow or ice] for traction control)

• This includes other department vehicles equipped with electronic safety aids

Occupancy

Dept. members will not allow unauthorized persons to possess a key to, operate, or occupy a department vehicle. Non-department members may be authorized to occupy a department take-home vehicle in limited circumstances (see the Dept. take-home vehicles section in this policy)

Parking

• Department members must park the vehicle in a practical manner and attempt to avoid parking where backing out may be required.

• All vehicles will be turned off and locked when unoccupied (unless involved in an active event).

• K9 vehicles with dogs inside are considered occupied and will remain running with proper air conditioning

Intersections

• During code 2 and code 3 operations, officers will come to a stop before entering an intersection against traffic control device (i.e. red light, flashing red light, stop sign, etc.) and before entering a blind intersection, or any intersection where hazards are present and other drivers cannot see oncoming lanes of traffic

• The officer may cross the intersection in stages, treating each lane as a separate intersection.

• When entering an intersection with right of way, officers will slow and ensure that the intersection is clear before proceeding

• If the vehicle is equipped with an opticom light cycle, the officer will not assume the traffic signal has cycled and will ensure each lane of traffic has stopped before proceeding through the intersection

Buses

• during both code 2 and code 3 operations, officers will slow and ensure they safely pass a stopped bus unloading passengers

Stopped in traffic

• if an emergency vehicle becomes stopped by traffic (i.e. in a turn lane or at a red light), the officer may deactivate the emergency lights and siren until traffic conditions allow for the safe movement of the vehicle

• Once the vehicle returns to code 3 operations, the emergency lights and siren must be reactivated

Opposing traffic

• during c3 operations, officers driving into opposing traffic may do so at slow speeds, ensuring there is no oncoming traffic in their lane before proceeding. Extreme caution must be exercised.

Driver’s training

Increased awareness and understanding of safe driving practices are critical

Training is provided by ODB so all members are appropriately certified to operate police vehicles

Check Ride

• Officers in FTEP are required to complete a successful check ride and a code 3 check ride prior to graduation

• Each sergeant will conduct an initial check ride and document the outcome in UMLV for newly assigned officers who will be operating department vehicles (exception: new FTEP graduates within the first week of assignment)

• all employees will attend Evoc under the following circumstances:

  • VCB

  • Supervisory intervention

  • Self-registration

  • Approved/squad specialty training

Failure to attend or certify during EVOC

• dept members who fail to participate or certify in mandatory Evoc will be assigned to duties that do not require the operating of a department vehicle until properly certified

• Evoc will immediately notify the member’s chain of command, in writing, if they fail to attend a scheduled recertification course without providing proper notification

• Members on LD status or who have an active worker’s compensation case and are not allowed to attend EVOC per their physician, are exempt from the qualifying requirements until released back to full duty.

  • Once released, members will be required to recertify prior to operating a department vehicle

• Traffic Officers exempt//they have their own training

• Officers and supervisors assigned to EVOC are exempt from mandatory EVOC

Collision

• An occurrence in which a vehicle collides with another vehicle, pedestrian, animal, bicycle, road debris, or stationary object as a tree, pole, or building resulting in bodily injury, a complaint of bodily injury, death of a person, or results in the total damage to any vehicle or item of property to an apparent extent of $750 or more

Reporting vehicle collisions/incidents and training collisions/incidents

• traffic collisions, training collisions, and incidents involving department vehicles will be thoroughly investigated by the Traffic Bureau or a commissioned patrol supervisor and administratively reviewed by the VCB.

• Department members found to be at fault in collisions are subject to disciplinary action deemed appropriate by the VCB

Department members involved in a vehicle collisions who are equipped with a BWC will:

• unless incapacitated, immediately activate the BWC (see BWC 7.136 BWC)

• All commissioned members responding to investigate a vehicle collision involving another member will also activate the BWC until completion of the investigation.

• Once the investigation is complete, all members with BWC video will manually label and categorize the video as “Pending Review”—this category designation will retain the footage for five years

Investigations of Department Vehicle Collisions

Department members in a collision while in actual physical control of and/or assigned to any vehicle (on duty) or any department vehicle (on or off duty) whether it is occupied or not, WILL:

1. Stop at the scene of the collision and render aid to any person injured

2. Notify communications dispatcher

3. Notify their immediate or on-duty supervisor as soon as practicable. If physically unable, then the Communications Dispatcher will assist

4. Notify a training instructor or training supervisor of all collisions that occur during training

5. Prior to moving any vehicle involved in a collision, notify the responding supervisor and/or traffic bureau unit

6. Prior to the end of shift, report the details of the collision via the Collision Report in blue team

   1. Members w/o computer network access will submit an interdepartmental memo through their chain of command to the bureau/area commander, Evoc staff, and the Fleet Operations Section. If incapacitated, this will be completed by the member’s supervisor

   2. Minor traffic incidents on a closed course are exempt

7. Not investigate collisions in which they are involved

8. If applicable, ensure the BWC is activated and uploaded (See 7.136 BWC)

Investigations of Department Vehicle Collisions

Commissioned Supervisor WILL:

1. Respond and conduct preliminary investigation

   1. If the collisions involves any other citizen vehicle, non-motorist, significant property damage, PIT, blocking with contact resulting in significant damage, VCT resulting in significant damage, or ramming, request Traffic Bureau Unit respond

   2. If the vehicle occurrence does not meet the definitions of incident or collision, complete a Supervisor’s Report of Department Vehicle Incident (LVMPD 393)

2. Ensure that a check ride (LVMPD 461) is completed on the involved member and forward a copy to the VCB and EVOC for entry in the member’s training record. Motor officers assigned to traffic will be required to complete a check ride with a certified motor instructor. Completion of this check ride will be documented in UMLV and a copy forwarded to VCB.

3. Ensure the involved member completes a Vehicle Collision Report in Blue Team (or memo if member lacks access to Blue Team) as required

4. Direct the involved member to contact the Litigation Section with any inquiries

Investigation of Department Vehicle Incidents

Department members involved in a vehicle incident while in actual physical control of and/or assigned to any vehicle (on duty) or any department vehicle (on or off duty), whether it is occupied or not, WILL:

1. Stop at the scene of the incident

2. Notify the communications dispatcher

3. Notify their immeidate and/or on-duty supervisor as soon as practical

4. Prior to moving any vehicle involved, notify the responding supervisor and/or traffic bureau unit

5. Prior to the end of shift, report the details of the incident via collision report in blue team

   1. Members w/o computer network access will submit an interdepartmental memo through their chain of command to the bureau/area commander, EVOC staff, and Fleet Operations section

6. Not investigate incidents in which they are involved

7. If applicable, ensure the BWC is activated and uploaded (7.135 BWC)

Investigation of Department Vehicle Incidents

Commissioned Supervisor WILL

1. Respond and conduct preliminary investigation

   1. Determine that the incident is consistent with the definition of an incident and not a collision

   2. If determined to be an incident and no other citizen or non-motorist was involved (i.e., LVMPD property vs. LVMPD property, single vheicle damage on or off road-rim damage, oil pan,etc; or single vheicle vs. private property (rock, pole, structure, etc. with minor or no apparent damage)), complete and submit the LVMPD 393 to the involved member’s bureau/area commander

2. Ensure that a check ride report (LVMPD 461) is completed on the involved member and forward a copy to VCB and EVOC for entry in the department member’s UMLV training record. Motor officers assigned to traffic will be required to complete a check ride with a certified motor instructor. Completion of this check ride will be documented in UMLV and a copy forward to VCB.

Incident

A separate category from a collision, is an occurrence in which a vehicle collies with another vehicle, pedestrian, animal, bicycle, road debris, or stationary object such as a tree, pole, building not resulting in bodily injury, a complaint ofbodily injury, death of a person, or results in the total damage to any vheicle or item of property to an apparent extent of less than $750

Department forms required for vehicle incident/collision

LVMPD 393

LVMPD PD 42 OR PDO

PDO OR NHP5

PDO=property damage only

VCB (Vehicle Collision Board)

• evaluates the causes of collisions or incidents involving department vehicles that are operated or controlled by department members

• The VCB will determine if department policies, procedures, training standards, or traffic laws have been violated and assess appropriate disciplinary action/training when warranted

• If the collision or incident is found to be preventable, the involved member may be subject to disciplinary action by the VCB

• Ensure Garrity is read to the member before the hearing—at least 48 hours before board

• Ensure member reviews all video and reports

• Allow member to provide account of their collision

• Render finding of excusable, preventable, or non-preventable

• Determine if violation of policy, procedure, training, or traffic laws

• Assess disciplinary action

Grievance procedures for VCB cases

• all members may exercise the grievance procedures as delineated in the respective CBA

• Once all grievances and disciplinary steps have been taken, copies of the final dispositions will be forwarded to the VCB for inclusion in the member’s personnel file. The VCB will report all disciplinary action to OLR for tracking purposes.

Take home vehicle

Supervisor will conduct monthly review of vehicles assigned as take-home vehicle to ensure the proper use care, mileage, fuel usage, and continuing need

Report any deficiencies to the bureau/area commander

Complete the take-home vehicle change authorization LVMPD 136 if needed

Use of Dept. Vehicles for Travel Outside of Nevada

Department member will:

1. Obtain approval through chain and from Risk Management director or designee to drive a department vehicle for authorized out-of-state travel. Request for approval may be submitted in either memo or email and will include the vehicle and license plate number, VIN names of travelers, destination, reason for travel, an departure and return dates

2. Attached the approval to a completed travel/training request (LVMPD 73) and submit through chain

3. Arrange for use of an LVMPD vehicle

4. Ensure there is a laminated self-insurance card in the vehicle and the vheicle is properly serviced and equipped for the trip

5. Return the vehicle fueled and in clean condition

Use of Privately Owned Vehicles on Police Business

1. Members will not use privately owned vehicle for operational law enforcement activities (i.e. serving search warrants, making arrests, transporting prisoners, etc.) without specific written authorization from their office or division commander. Members requiring a vehicle for operational law enforcement activities should utilize bureau vehicles

2. Members requiring a vehicle for business-related activities (i.e. travel to meetings, court, etc.) should utilize available bureau vehicles. Members occasional required to use their personal vheicle while on duty for such business matters will be compensated at the standard IRS acceptable rate by submitting a mileage reimbursement request (lVMPD 359) through chain. Transportation expenses between the member’s home and regular place of work are personal commuting expenses and are not reimbursable. This applies to officers responding to a call-out i na personal vehicle requiring them to travel from home to work to pick up department vehicle. $10 minimum threshold for parking reimbursement.

3. The department member’s private vehicle insurance will be primary for vehicle collisions occurring to privately owned vehicles for on-duty use.

Maintaining Communications

1. Members on duty, or officially on call, will be directly available by normal communication or will keep their office or supervisor informed of the means by which they may be contacted. Members sent on a call will, immediately upon completion of the task, notify the communications dispatcher or their supervisor of the nature of the call and the action taken

2. Officers will broadcast by radio prior to leaving their vehicle during a traffic stop and state their exact location and license plate number of the stopped vehicle

3. When an officer is absent from their vehicle for any reason, with or without a portable radio, they will inform communications of the reason for the absence, where they will be located, and how they may be contacted

Law Enforcement Escorts

1. LVMPD will provide police escorts for the funeral processions of police, fire and military personnel killed in the line of duty. All non-emergency escorts must be approved by an Assistant Sheriff.

2. Routing (non-emergency) escorts:

   1. A routine, non-emergency escort will be utilized for funeral processions of police, fire, and military personnel killed in the line of duty (active), visits from president and/or VP of the United States, and other limited circumstances as approved by a division commander.

   2. Requests for escorts will be processed in advance by the traffic bureau commander. If no law enforcement or official police presence would be required, the party requesting the escort will be advised to contact a private escort service.

3. Emergency escorts

   1. Emergency escort requests will normally be received without prior notification through communications. The communications supervisor will advise traffic bureau LT, if available, or traffic Sgt. Providing the specific nature of the emergency.

   2. The traffic bureau supervisor making the determination to provide an escort detail will assign personnel as appropriate. If the request is denied, the traffic commander will be advised and briefed of the circumstances on the next working day as necessary