TRAFFIC LAW ENFORCEMENT AND DEFENSIVE DRIVING

1. ADMINISTRATION OF JUSTICE TRAFFIC LAW ENFORCEMENT AND DEFENSIVEDRIVING

2. I. INTRODUCTIONA. The driving privilege: 1. Driving in every state is a privilegeearned by mastering the operation of a motor vehicle, knowing and following the laws that govern the contacts between pedestrians and others others on the roadway.

3. 2. The responsibility of driving motor vehicles:a. Operating a motor vehicle is a serious responsibility because it is a potentially dangerous weapon. b. Operating a motor vehicle without a proper understanding of driving and safety regulations can be extremelydangerous.

4. 3. In order to avoid collisions, a driver must continuously improveandsharpen drivingskills and maintain a safe, positive driving attitude. 4. Superior driving skillsrequire goodjudgment and the ability to make the right choices. a. Obey state traffic laws. b. Always becourteous and patientwith other drivers.

5. c. Do not let the actions of others cause you to make poor choices.d. Do not take unnecessary risks that could potentially jeopardize your safety or the safety of others on the road.

6. e. Remainalertandobservant at all times. f. Be knowledgeable about and properlymaintainyour vehicle. g. Drive only when you arementallyand physically able to drive.

7. B. Traffic collisions cost the national economy billions of dollars through property damage, medicalcosts,insurance premiums, andjob time lost.

8. 1. The loss due to traffic collisions represents more loss than all other police matters combined. 2. The cost of personal or family disruption due to traffic collisions cannot be measured in dollars. a. Careersare destroyed or delayed. b. Mental and physical suffering cannot be measured.

9. 3.When traffic laws are notenforced,accidents tend to increase.

10. C. Over 12 million collisions occur in the United States each year. 1. One out of every four licensed drivers is involved in a collision each year. a. The number of injuries and deaths due to collisions is considered to be of epidemic proportion.

11. 2. Each year, 35,000 to 45,000 people are killed whilemillions are injured, and many more suffer permanent disabilities.3. More thanone‑quarter of Americans have been involved in a car accident in the last five years. a. About 26% of drivers have been involved in a car crash in the last five years.

12. b. There were 11,773 alcohol‑relatedfatalitiesin2008. c. More than half the fatalities reported were not wearing seatbelts. d. Motorcycle fatalities have been steadily increasing.

13. 4. Afatalautomobile accident occurs every 13 to 15 minutesclaiming our very youngest and very oldest drivers. a. Americans from the ages of 1 to 33 aremorelikely to die from a car accident than from anything else. b. On the other side of the spectrum, elderly adults aged 75andup are most affected by motor vehicle crashes.

14. 5. The National Highway Safety Traffic Administration reports that most drivers engage in activities that take their attentionway from the road. These activities include: a. talking with other passengers

15. b. playing with theradio or CD c. eating or drinkingd. using a cell phone

16. 6. The National Safety Council has listed eight driving offenses as principal accident ­ causing violations.These violations include: a. excessivespeed b. driving while intoxicated c. failure to yieldright of way

17. d. following another vehicle toocloselye. improper turning movementsf. failure tostopat stop signsg. improper passingh. Disregarding signs andsignals

18. D. Speed is a factor in almost 30 percent of allfatalcrashes, killing an average of 1,000 Americans every month. 1. In 2008, more than 13,040 people died inspeedrelated automobile crashes.

19. 2. The National Highway Traffic Safety Administrationestimates the economic cost to society of speed‑related crashesto be more than$40billion each year. a. Health care costs alone are about $4 billion per year.

20. II. TRAFFIC LAW ENFORCEMENT A. Shortly after the invention of the motor‑driven vehicle, it became apparent thatrulesandregulations governing the drivers of this new invention had to be established, and thatstrictenforcement of the rules of the road would soon be necessary.

21. 1. Thus we have the setting for the modern‑day state vehicle codes and for determining the responsibilities of the city,county, and state police inenforcingthe provisions of these codes.

22. 2. To enforce all traffic laws would be an impossibility; a. individual patrol and traffic officers must use a commonsenseapproach. b. officers must enforce those laws which, when violated, create the greatest probability of an accident. (1) This procedure is sometimes termed priority or selective enforcement.

23. B. The great majority of patrol and traffic officers throughout our country would ratherwarnan offender than issue acitation. 1. Generally, the rule of thumb is to warn a driver causing a minorinfractionof the traffic law and tocite those who cause violations that would most likely cause an accident.

24. a. A police agency cannot effectively set a policyof when or where to issue or not issue a citation.b. This is a decision that only the officer observing theoffenseis qualified to make.

25. 2. Contrary to public perception most, if not all traffic officers issue verbal warnings as an enforcement tool. . a. Some departments have found great success at issuing written "warning" tickets to educate violators.

26. C. For a police agency to establish a written or unwritten policy prescribing the number of citations that an officer should write is to set aquotasystem. 1. There are many reasons against the establishment of such a system. Among them are:

27. a. The officer may writeinferior (borderline) citations in order to meet a quota. b. Officers may feel that they are writing citations just to make money for the city, county, or state instead of performing a traffic enforcement function.

28. c. Awell‑worded warning, as opposed to a citation may result in a more careful driver and community supportfor the law enforcement agency.d. Establishing a quota infringes on an officer's "discretionarydecisionmaking."

29. e. Implementing a quota to improve an officer's performance might encouragepoorquality enforcement. (1). In order to meet a quota, officers may be tempted to write "easy to catch" violationsas opposed to the type of violations which cause the most accidents.

30. 2. Quotas are no longer employed in our modern police agencies. a. Police administrators realize that an alert trafficofficer has no problem in spottingaccidentcausing violations. b. Common sense will be the guide in an officer deciding whether to issue averbalwarning, written warning or to cite the offending driver.

31. D. The main purpose of traffic enforcement is to prevent loss of life and property. 1. Investigation by police has helped to recognize contributing factors of accidents and law making has been theprimaryresponse.

32. 2. Laws don'tenforcethemselves, so a mechanism has been created to observe,apprehend and refer violators to the sanctioning entities ‑ the courts, the driver licensing authority and motor vehicle department – for penalties.

33. 3. The police officer in traffic safety has the potential to be the most important person in the enforcementsystem. a. Nearly all other safety activities depend on what he/she does. (1) Engineering needs input from accident investigations to improvehighwaydesign.

34. (2) Education relies on statistics gathered by police officers to better informthe public.

35. b. Most important, and overshadowing all other reasons, is the fact that police candeterviolations to a far greater degree than any other sanctioning agency.c. It is the thought of getting caught in theactof violating a law is what creates most of the self‑discipline in driving.

36. E. Law enforcement role in maintaining traffic safety. 1. Toenforcestate traffic laws, regulate traffic movement, and conduct traffic accident investigations.

37. 2. Police agencies must ensure they maintain deployment responsive to the traffic problems within their jurisdiction. 3. The patrol officer must be able to identify and document criticalsafety information for future highway developments.

38. III. COMPONENTS OF DEFENSIVE DRIVING A. What is defensive driving? 1. Driving so as to prevent accidents in spite of the actions of others, or the presence of adverse driving conditions.

39. 2. Defensive driving is a matter of a safety minded attitude, good driving skills, maturity andcourtesy.3. Defensive driving is understanding andobeying traffic laws coupled with a continued effort to improve driving skills. a. Defensive driving is being alert to perceive potential driving hazards and to exercise sound judgment.

40. B. Driving attitudesor how we look at our driving are individual manners developed over a life time of driving experiences.

41. 1. These attitudes are a product of our life style which can be heavily influenced by how we feel the pressures from other drivers and our driving experiences. a. Understanding how our motions and attitudesinfluence our driving are central themes underlying the positive driving knowledge required of a defensive driver.

42. 2. Thedefensive driver must understand what driving behavior is desired, and what attitudes present negative influences on that desired behavior. a. Overconfidence: Thefeeling that the person knows everything there is to know about his/hervehicle and driving.

43. b. Self‑righteousness: That sure and certain knowledge that the driver is always right which can lead to impaired judgment.

44. c. Impatience: Always in a hurry, which can result in poor driving habits that include: (1) driving at speedsunsafefor conditions (2) unsafe passing of other motorists

45. (3) followingtrafficahead too closely (4) making unsafe lane changes in traffic (5) making unsafeturningmovements (6) abuse of the vehicles equipment

46. d. Pre‑occupation: Being pre-occupied withthoughts or actions not related to driving delaysperception and increases the possibility of having an accident.

47. This includes:(1) allowing work or personal problems to occupy the thought processes(2) distractions such as adjusting the radio, talking to others in the car, looking at road maps, shaving, and using a cellular phone

48. C. Factors that affect driving: stress, fatigue,physiological factors, and emotions 1. Emotions, attitudes, and habits can have a powerful influenceover the way you drive.

49. a. When you are stressed, tired, angry, or upset, you are less likely to payattentionto your driving. (1) You may not seehazards orreactas quickly,and the chance of getting into a collision will increase. (2) If you are angry or stressed, you are more likely to drive recklessly or becomeaggressivetoward other drivers.

50. 2. Short‑term physical impairmentssuch asfatigue, illness, and alcohol or drug use can also have adverse effects on driver performance by hindering critical senses. a. Fatigue and illness can greatly impact a drivers’ability to hear and see potential hazards around them. (Rest or change drivers)