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Traffic Law Enforcement

Traffic Law Enforcement. Wisconsin Traffic Laws and Ordinances. Patrol Procedures. Learning Objectives. Goals of Traffic Law Enforcement Motor Vehicle Laws Authority to Impound / Remove Vehicles. Patrol Procedures. Legal Reminder. Must have reasonable suspicion to stop vehicle

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Traffic Law Enforcement

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  1. Traffic Law Enforcement Wisconsin Traffic Laws and Ordinances Patrol Procedures

  2. Learning Objectives • Goals of Traffic Law Enforcement • Motor Vehicle Laws • Authority to Impound / Remove Vehicles Patrol Procedures

  3. Legal Reminder • Must have reasonable suspicion to stop vehicle • Must have probable cause to arrest • Search and seizure laws apply Patrol Procedures

  4. Goals of Traffic Law Enforcement • Save Lives • Deter violators (stop unsafe behaviors) • Increase compliance • Fight Crime • Interact with the public (build trust) Patrol Procedures

  5. Elements of the Offense • Every public offense consists of certain elements or component parts, all of which must be present in order to constitute the particular violation. • The elements of a traffic offense are found in the law defining it. • Eachelement of the statute in question must be proven in order to obtain a conviction in court. Patrol Procedures

  6. Elements Continued • Traffic offenses are created and defined by statute or municipal ordinance otherwise they do not exist. • Many driving practices, even some known to be unsafe, are not prohibited by a law. • If there is not a law, there is not a violation. • Operating from the center position. • Barefoot driving. • One-arm driving. Patrol Procedures

  7. Examples of Elements • § 346.922 Transporting children in cargo areas of motor trucks. • Elements of the offense: • No person may operate upon a highway, • Motor truck having a gross weight of 10,000 lbs. or less with, • Any child under the age of 16 in an open cargo area. Patrol Procedures

  8. Wisconsin Motor Vehicle Laws WISCONSIN Motor Vehicle Laws 2006

  9. Wisconsin Motor Vehicle Laws • Wisconsin Statute Chapters • 110, 194, 218 • 340 - 351 • The Wisconsin Department of Transportation: Motor Vehicle Laws web site: http://www.dot.wisconsin.gov/drivers/lawbook.htm Patrol Procedures

  10. Introduction to Motor Vehicle Laws • Chapter 110 – Motor Vehicles • Chapter 194 – Motor Vehicle Transportation • Chapter 218 – Finance companies, Auto dealers, Adjustment companies and Collection agencies. • Chapter 340 – Vehicles – General Provisions Patrol Procedures

  11. Chapter 110 – Motor Vehicles Introduces laws regarding vehicular inspections, the powers and duties of traffic officers and rules regarding emissions programs. Patrol Procedures

  12. Chapter 194 – Motor Vehicle Transportation Laws regarding licensing, registration, inspections and financial responsibilities of motor carrier vehicles Patrol Procedures

  13. Chapter 218 – Finance companies, Auto Dealers, Adjustment companies and Collection agencies • Laws regarding Motor Vehicle Dealers; Salespersons; and sales Finance Companies. • Rules for adjustment companies, collection agencies and community currency exchanges, dealerships, salvage pools and buyer identification. Patrol Procedures

  14. Chapter 340 – Vehicles – General Provisions • Key Chapter for Police Officers • Important Definitions • Official language used in reports and in court Patrol Procedures

  15. Definitions Patrol Procedures

  16. Vehicle Registration / Titles and Anti-Theft Laws • Chapter 341 – Registration of Vehicles • Chapter 342 – Vehicle Title and Anti-Theft Laws Patrol Procedures

  17. Chapter 341 – Registration of Vehicles • Procedures to register vehicles within the State of Wisconsin JUL 07 Patrol Procedures

  18. Chapter 342 – Vehicle Title and Anti-Theft Laws • Certificates of title • Transfer of titles • Anti-theft and Anti-fraud provisions Patrol Procedures

  19. Operator Licensing • Chapter 343 – Operators’ licensing • Driver licensing abbreviation code • Out-of-state abbreviation table • County code table Patrol Procedures

  20. Chapter 343 – Operators’ Licenses • Procedures regarding the issuance, expiration and renewal of licenses • Rules and regulations on cancellation, revocation and suspension of licenses • Unlawful practices relative to licenses, ID cards and licensing of driver schools and instructors Patrol Procedures

  21. Driver Licensing Abbreviation Code Pages 287 – 288 in the Wisconsin Motor Vehicle Law Book • Abbreviations used on drivers’ licenses DRIVER LICENSING ABBREVIATION CODES BDS245 6/2003 Wisconsin Department of Transportation ACF Accident Conviction Fatal DLT Deviating from Lane of Traffic ADL Altering Driver License DOW Driving Over Walk AEO Attempt to Elude Officer DQF Disqualification AFA Appear for Exam for Another DR Driver Record AFU DSP – Assessment Agency Follow-Up Required DS Defective Speedometer AKA Also Known As DSP Duty Upon Striking Property ALC Alcohol Related Incident Cancellation DWS Driving on Wrong Side of Highway APL Appealed F Fatal Accident BAC Blood Alcohol Concentration FA Falsified Application BI Blocking Illegally FAE Failure to Appear for Examination or to File Requested Medical Report CA Commercial Alcohol FAR Falsified Accident Report CAC Commercial Admin. Suspension FD Found Delinquent CAD Commercial Alcohol Causing Death FDL Failure to Dim Lights CAH Commercial Alcohol Causing Great Bodily Harm FFS Failure to Fasten Seat Belts Patrol Procedures

  22. Out-of-State Abbreviation Table Page 289 in the Wisconsin Motor Vehicle Law Book • Lists the abbreviations of other states

  23. County Code Table Page 290 in the Wisconsin Motor Vehicle Law Book • Lists the abbreviations for each county in Wisconsin County Code Table Code County Code County Code County 01 Adams 26 Iron 50 Price 02 Ashland 27 Jackson 51 Racine 03 Barron 28 Jefferson 52 Richland 04 Bayfield 29 Juneau 53 Rock 05 Brown 30 Kenosha 54 Rusk 06 Buffalo 31 Kewaunee 55 St. Croix 07 Burnett 32 La Crosse 56 Sauk 08 Calumet 33 Lafayette 57 Sawyer 09 Chippewa 34 Langlade 58 Shawano 10 Clark 35 Lincoln 59 Sheboygan 11 Columbia 36 Manitowoc 60 Taylor 12 Crawford 37 Marathon 61 Trempealeau 13 Dane 38 Marinette 62 Vernon 14 Dodge 39 Marquette 63 Vilas 15 Door 40 Milwaukee 64 Walworth 16 Douglas 41 Monroe 65 Washburn 17 Dunn 42 Oconto 66 Washington 18 Eau Claire 43 Oneida 67 Waukesha 19 Florence 44 Outagamie 68 Waupaca 20 Fond du Lac 45 Ozaukee 69 Waushara 21 Forest 46 Pepin 70 Winnebago 22 Grant 47 Pierce 71 Wood 23 Green 48 Polk 72 Out-of-State 24 Green Lake 49 Portage 73 Menominee Nations 25 Iowa Patrol Procedures

  24. Financial Responsibility • Chapter 344 – Vehicles – Financial Responsibility Covers laws on security for past accidents, proof of financial responsibility for the future, penalties for violations regarding financial responsibility and financial responsibility for rented and human service vehicles Patrol Procedures

  25. Civil and Criminal Liability • Chapter 345 – Vehicles Civil and Criminal Liability Discusses civil liability, arrests, bail and penalties. Patrol Procedures

  26. Rules of the Road ****Chapter 346 – Rules of the Road**** Rules Law Enforcement officers will write most citations for when conducting traffic law enforcement Patrol Procedures

  27. Applicability to Emergency Vehicles • § 346.03(1) – The operator of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise privileges set forth in this section, but are subject to certain conditions. Patrol Procedures

  28. During Emergency Situations • § 346.03(2) – When giving a signal by audible and visual signal (emergency lights and siren) may: • Stop stand or park, irrespective of the provisions of this chapter; • Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation; • Exceed the speed limit; • Disregard regulations governing direction of movement or turning in specified directions. Patrol Procedures

  29. During Emergency Situations • § 346.03(4) Withoutgiving an audible and visual signal: • Obtaining evidence of a speed violation; • Responding to a call believing a felony is in progress and knowledge of officer’s presence may: • Endanger others; • Cause the suspect to evade apprehension; • Cause the suspect to destroy evidence; • Cause the suspect to cease commission before officer obtains sufficient evidence to establish ground for arrest.

  30. Authorized Emergency Vehicles • § 346.03 – The exemptions granted the operator of an authorized emergency vehicle (AEV) by this section do not relieve such operator from the duty to drive with DUE REGARD… Patrol Procedures

  31. § 346.04(1) and (2) • Obedience to traffic officers, signs and signals; fleeing from a traffic officer. • (1) No person shall fail or refuse to comply with any lawful order, signal or direction of a traffic officer. • (2) No operator of a vehicle shall disobey the instructions of any official traffic sign or signal unless otherwise directed by a traffic officer. Patrol Procedures

  32. § 346.04 (2t) • No operator of a vehicle, after having received a visible or audible signal to stop his or her vehicle from a traffic officer ormarked police vehicle, shall knowingly resist the traffic officer by failing to stop his or her vehicle as promptly as safety reasonably permits. Patrol Procedures

  33. § 346.04(3) • No operator of a vehicle, after having received a visual or audible signal from a traffic officer, or marked police vehicle, shall: • knowing fleeorattempt to elude any traffic officer by willful or wanton disregard of such signal so as to interfere with or endanger the operation of the police vehicle, or the traffic officer or other vehicles or pedestrians; • nor shall the operator increase the speed of the operator’s vehicle orextinguish the lights of the vehicle in an attempt to elude or flee. Patrol Procedures

  34. Driving, Meeting, Overtaking and Passing • § 346.05 Vehicles to be driven on right side of roadway • (3) Any vehicle proceeding upon a roadway at less than normal speed of traffic at the time and place and under the conditions existing shall be driven in the right-handed lane then available…(a.k.a. impeding traffic) Patrol Procedures

  35. Driving, Meeting, Overtakingand Passing Cont. • § 346.072 Passing stopped emergency vehicles, tow trucks and highway machinery equipment. “Move Over Law” • Elements • AEV, tow truck, highway construction equipment • Giving required visual signal • Parked or standing on or within 12 ft of roadway • Shall proceed with due regard and shall do either of the following: Patrol Procedures

  36. Driving, Meeting, Overtakingand Passing § 346.072 Cont. • (a) Move into lane that is not the lane nearest the parked or standing vehicle or machinery (applied if roadway has at least two lanes proceeding in direction of approaching vehicle) • (b) slow the MV until past (applies if only one lane of approaching vehicle or not able to safely move over. • (2) violation = license suspension § 343.30 Patrol Procedures

  37. Driving, Meeting, Overtaking and Passing • § 346.08 Overtaking and passing on the right • May be done when: • If able to be done safely • Only if it can be done without driving off the pavement or main-traveled portion of the roadway, and then only under the following conditions: 1. When the vehicle overtaken is making or about to make a left turn; or

  38. Driving, Meeting, Overtaking and Passing § 346.08 Cont. 2. Upon a street or highway with unobstructed pavement of sufficient width to enable 2 or more lines of vehicles lawfully proceed at the same time, in the direction in which the passing vehicle is proceeding; or 3. Upon a one-way street or divided highway… Patrol Procedures

  39. Overtaking on Left or Driving on Left Side of Road Way • § 346.09 • Operator shall not overtake and pass another vehicle unless such left side is clearly visible and is free of oncoming traffic for sufficient distance ahead to be done safely. No Passing Zone Right Lane No Passing Can Pass

  40. Driving, Meeting, Overtakingand Passing • § 346.14 Distance between vehicles • (1)…shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon and condition of the highway. • (2)(a) Upon a highway outside a business or residence district, the operator of any motor truck or combination with gross weight more than 10,000 pounds: • Not less than 500 feet to rear • Sufficient space for overtaking vehicle.

  41. Right-of-Way • § 346.18 (Page 177 in WI Motor Vehicle Law) • General rules of right-of-way • Except as otherwise expressly provided…when 2 vehicles approach or enter an intersection at approximately the same time the operator of the vehicle on the left shall yield the right-of-way to the vehicle on the right. • The operator of any vehicle driving at an unlawful speed forfeits any right-of-way which he/she would otherwise have under this subsection.

  42. Rules of the Road • § 346.19 • What to do on approach of emergency vehicle. • Upon approach of AEV giving audible signal by siren the operator of a vehicle shall yield the right-of-way and shall immediately drive to…shall stop and remain standing until AEV has passed. • The operator of the AEV is NOT relieved of duty to drive with DUE REGARD • The owner of a vehicle in violation of § 346.19 can be held liable. Patrol Procedures

  43. Respective Rights and Duties of Drivers, Pedestrians, Bicyclist, and riders of Electric Personal Assistive Mobility Devices • § 346.23 Wisconsin Motor Vehicle Law page 179 Patrol Procedures

  44. Turning § 346.31 One way onto a two way Two way onto a one way Multiple Turn Lanes One way onto a one way Two approaching left turns Patrol Procedures

  45. Turning, Stopping and Required Signals • 346.33 Where turns prohibited • (1) The operator of a vehicle shall not turn the vehicle so as to proceed in the opposite direction upon a highway at any of the following places: • (a) At intersection at which traffic is being controlled by traffic control signals or traffic officer; • (b) In mid-block on any street in a business district, except… • (c) In mid-block on any through highway in a residence district, except… • (d) At any place where signs prohibit such turns. (Wisconsin Motor Vehicle Law – Page 181)

  46. Turning, Stopping and Required Signals • § 346.34 Turning movements and Required Signals on Turning and Stopping • No person may: • Turn a vehicle at an intersection unless the vehicle is in proper position upon a roadway as required in 346.31 • Turn a vehicle from a direct course or move right to left upon a roadway unless and until such movement can be made with reasonable safety. • Provide signal (not less than 100 feet before turn) if other traffic may be affected. Patrol Procedures

  47. Traffic Signs, Signals and Markings • § 346.37 • (b) Yellow • When shown with or following the green, traffic facing a yellow signal shall stop before entering the intersection unless so close that a stop may not be made safely. Patrol Procedures

  48. Traffic Signs, Signals and Markings • § 346.37(1)(c)3 • Turn right at a a red light after… • Turn left at a red light? (Wisconsin Motor Vehicle Law Page 182) Patrol Procedures

  49. Traffic Signs, Signals and Markings • § 346.39 (1) Flashing RedSignal • Operators of vehicle shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked before entering the intersection, and the right to proceed is subject to the rules applicable after making a stop at a stop sign. Patrol Procedures

  50. Traffic Signs, Signals and Markings • § 346.39 (1) Flashing Yellow Signal • When a yellow lens is illuminated with rapid intermittent flashes, operators of vehicles may proceed through the intersection or past such signal only with caution. Patrol Procedures

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