NJSACOP LEAP MODEL POLICIES
GENERAL ORDER # 058
EFFECTIVE DATE:
SUBJECT: TRAFFIC ENFORCEMENT TOLERANCES & LATTITUDE
ISSUED BY:
# OF PAGES: 5
DISTRIBUTION:
REVIEW DATE:
LAST REVISED:
61.1.2
61.1.5
ACCREDITATION STANDARDS:
The written directives developed by the Police Department are for internal use only, and do
not enlarge an officer’s civil or criminal liability in any way. They should not be construed as
the creation of a higher standard of safety or care in an evidentiary sense, with respect to
third party claims. Violations of written directives can only be the basis of a complaint by this
department, and then only in an administrative disciplinary setting.
PURPOSE:
To ensure the fair and consistent enforcement of traffic laws and regulations by outlining the
acceptable limitations on minimum enforcement actions and discretion.
POLICY:
Uniform enforcement is a critical element of an effective traffic law enforcement program.
Generally, the public will not protest when strict enforcement is just and impartially administered.
To obtain a high degree of uniform enforcement, a standard must be established to determine
what type of action will be taken given a traffic law violation. Discretion and tolerance are equally
important to an effective traffic law enforcement program. By exercising tolerance and discretion
in traffic law enforcement there is no intention to destroy or distort the intent of the law. When
applied with the principals contained herein, the use of tolerance and discretion will strengthen the
spirit of the law by making enforcement reasonable.
PROCEDURE:
I.
II.
Statement
A.
It is not the intent of this directive to supplant your judgment for it is impossible to foresee
every conceivable situation involving traffic law violations. This directive is intended to
provide guidelines for uniform enforcement action that has been approved for routine
situations. In unusual circumstances, where normal procedures would not apply, you must
decide for yourself what enforcement action is proper by drawing on your training,
experience and good judgment. It is necessary to carefully evaluate every situation to
determine whether or not unusual circumstances are present that might have a bearing on
the violation committed. In all situations your decisions must be based upon the best
interest of public safety.
B.
The contents of this and all other written directives is intended for dissemination only
within the ranks of the Evesham Township Police Department and must not be shared,
transmitted or otherwise disseminated to any other person(s) without the expressed
authorization of the Chief of Police.
Classifications
A.
Hazardous Traffic Law Violations - violations of any law or regulation affecting the use or
protection of streets or highways enacted primarily to regulate safe movement of vehicles
and pedestrians.
1.
Unsafe Behavior - an action or omission in traffic that is hazardous even when
vehicles, streets or highways, and people involved are in a legal condition.
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NJSACOP LEAP MODEL POLICIES
2.
B.
III.
Standard
61.1.2.c
condition of:
 A driver or pedestrian in traffic.
 Streets or highways used by traffic.
 Vehicles used in traffic.
Other Traffic Law Violations - Violations of any law, ordinance or regulation affecting the
use or protection of streets or highways, but not enacted primarily to regulate safe
movement of vehicles and pedestrians.
Enforcement Alternatives
A.
Physical arrest – members shall make a physical arrest in situations involving the following
identified violations:
1.
N.J.S. 39:5-25 authorizes both issuance of a summons and arrest for motor vehicle
violations to which it applies, however the statute does not contain provisions that
suggest whether an arrest or a summons is appropriate.
 Experience dictates that arrests for routine motor vehicle violations occur
only rarely, and that the standard police practice is to detain the offending
driver only for the interval required for issuance of a summons.
2.
In State v. Pierce, the court stated there are other sources of law that suggest an
officer’s authority to arrest under N.J.S. 39:5-25 is, and should be, restricted to
those offenses in which an “arrest is necessary to protect public safety or to
assure that the offender will respond to a summons”.
3.
The court identified several motor vehicle violations that they classified as “serious
offenses” or offenses that “implicate the public safety”. The following is a list of
such offenses:
 Driving while revoked (N.J.S. 39:3-40)
 Driving while intoxicated (N.J.S. 39:4-50)
 Operation of a vehicle while knowingly possessing C.D.S. (N.J.S. 39:449.1)
 Willful abandonment of a vehicle on a public highway for the purpose of
obstructing passage of other vehicles (N.J.S. 39:4-56.1 – 56.2).
 Reckless driving (N.J.S. 39:4-96), careless driving (N.J.S. 39:4-97),
speeding (N.J.S. 39:4-98), and leaving the scene of an accident (N.J.S.
39:4-129), when these violations have resulted in death or serious bodily
injury to another.
4.
In Pierce, the court referred to the violation of N.J.S.39:3-40 (driving while
suspended) and the appropriateness of an arrest “in recognition of the potential
hazard presented by one who operates a motor vehicle without State
authorization. If no other licensed driver is in the vehicle, arresting the driver is
consistent with an officer’s duty to make certain that the offender cannot continue
to drive. Even if other licensed drivers are present, the severity of the penalties…
…would ordinarily justify the arrest of the violator”…
B.
Summons – A motor vehicle summons shall be issued to a violator who jeopardizes the
safe and efficient flow of vehicular and/ or pedestrian traffic, including hazardous traffic
law violations as defined in Title 39 of New Jersey Statutes.
C.
Summons or Warning - may be issued to a violator who commits other traffic law
violations, as defined above, especially if committed in an area where traffic collision
incidents are minimal or when the act may be due to ignorance of a local ordinance that
may be unique or new. An effective warning, properly given by an officer, can be more
effective than any other type of enforcement while building positive rapport with the
public.
Standard
61.1.2.a
Standard
61.1.2.b
Unsafe Condition - Causing or permitting an illegal and possibly hazardous
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NJSACOP LEAP MODEL POLICIES
IV.
Guidelines
A.
The tolerances identified in this written directive shall be followed whenever possible.
However, attendant circumstances may change the seriousness of the violation.
Therefore, the provisions of this directive do not preclude the application of good
judgment by the involved member in evaluating the seriousness of the violation in relation
to the circumstances and conditions existing at the time of the violation.
B.
Driving While Intoxicated
1.
The driver of an automobile should be taken into custody when an officer develops
probable cause to believe the individual is intoxicated, within the meaning of
N.J.S.A. 39:4-50. Refer to the written directive governing DWI Enforcement for
additional information concerning the arrest and processing procedures.
C.
Driving While License is Suspended/Revoked
1.
The driver of a motor vehicle who license is suspended or revoked shall be issued
a summons for the violation in addition to any underlying violations which may
have led to the stop.
2.
Although a custodial arrest is not warranted for this type of violation, the driver
cannot be allowed to continue the operate the motor vehicle in question and that
fact should be communicated to the driver in direct fashion.
D.
Speed Enforcement
1.
It will be the practice to issue warnings for speed violations up to five miles per
hour over the posted speed limit. Any person exceeding the speed limit by six to
nine miles per hour may be issued a warning or summons depending on the
seriousness of the violation as determined from the attendant circumstances.
2.
It shall be policy that when speeds exceed the legal posted speed limit by ten or
more miles per hour, a summons shall be issued. However, hard fast adherence
to a set policy is not to be substituted for common sense and/or compassion and
understanding.
E.
Hazardous Violations
1.
The enforcement of hazardous violations should be accomplished in accordance
with the officer’s best judgment and the principles associated with officer
discretion, as set forth in the written directive governing the Use of Discretion.
2.
As a general rule, hazardous violations can place the safety of the public at risk.
In order to create a deterrent capable of mitigating this risk, officers should issue a
summons for the identified violation, and not some lesser violation that could also
be appropriate.
F.
Off-Road Violations
1.
Enforcement of off-road violations brings some unique circumstances into the
discussion.
Officers should refer to the written directive governing OffRoad/Recreation Vehicles for additional explanations.
2.
The enforcement protocol for off-road vehicles should reflect the type of vehicle,
vehicle operation and location of operation.
3.
Off-road vehicles are frequently operated on private property (with or without
permission) and officers must consider the possibly of trespassing and property
damage complaints, in addition to violations of the motor vehicle code.
4.
Violations associated with registration, licensing, equipment and operation may all
be relevant when contacting an off-road vehicle.
5.
Officers should issue summons for all of the violations observed or identified as a
result of contact with an off-road vehicle. In some instances, arrest and vehicle
impoundment may also be warranted.
Standard
61.1.5.a
Standard
61.1.5.b
Standard
61.1.5.c
Standard
61.1.5.d
Standard
61.1.6.e
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NJSACOP LEAP MODEL POLICIES
G.
Equipment Violations
1.
The enforcement of equipment violations affords the officer a little more latitude in
most situations. Unless extenuating circumstances exist, officers are encouraged
to exercise discretion in determining the most appropriate enforcement measure
for the identified violation.
2.
Extenuating circumstances which suggest that a summons should be issued
include, but are not limited to situations where the violation:
 Resulted from willful negligence or disregard of vehicle maintenance
requirements,
 Created a hazardous condition for other drivers or pedestrians,
 Was a contributing factor to a motor vehicle accident,
 Has obviously existed for an extended period of time, or
 Has not been corrected following a previously issued warning.
3.
Individual minor equipment violations should ordinarily be grounds for a warning
and the owner or operator should be instructed to have the repaired.
H.
Commercial Vehicles/Public Carriers
1.
The Commercial Driver’s License Act (found at N.J.S.A. 39:3-10.9 et. Seq.) defines
the types of vehicles that are classified as Commercial Vehicles for purposes of
enforcing the Act.
2.
As a general rule, violations committed by operators of commercial vehicles and
public carriers should be enforced in the same manner as those for other drivers.
3.
The New Jersey Commercial Driver’s License Act establishes significantly lower
permissible blood alcohol concentration levels for operators of commercial
vehicles. Commercial vehicles operators found to be in violation of the modified
DWI standards shall be prosecuted without exception. Refer to the written
directive governing the Commercial Driver’s Act for additional information.
4.
Certain regulatory and statutory requirements associated with commercial vehicles
are contained in various state and federal regulations and statutes that are not
commonly enforced by municipal police officers.
 Officers should request assistance from the New Jersey State Police
Commercial Vehicle Inspection Unit when the need for technical assistance
arises.
 This would be particularly relevant when investigating a serious motor
vehicle accident involving a commercial vehicle.
I.
Non-hazardous Violations
1.
The enforcement of non-hazardous violations provides officers with a degree of
flexibility with regard to enforcement options.
2.
Officers should utilize good judgment in arriving at fair and equitable decisions
concerning the enforcement measures deemed appropriate for a particular
identified violation.
3.
In the absence of extenuating circumstances, similar violations should be treated
in a like manner, regardless of the operator.
J.
Multiple Hazardous and Non-hazardous Violations
1.
In situations where multiple violations are observed or identified, officers are
encouraged to use good judgment in determining the number of violations that
need to be cited, versus those that will be more appropriately handled using a
warning.
2.
Absent extenuating circumstances, the most serious violations should be cited and
the lesser violations may be considered for a warning.
3.
Issuing multiple summonses for non-hazardous violations is discouraged unless
the officer can identify a specific need for the action.
Standard
61.1.6.f
Standard
61.1.6.g
Standard
61.1.6.h
Standard
61.1.6.i
General Order # 058 – Traffic Tolerances & Latitudes - Page 4 of 5
NJSACOP LEAP MODEL POLICIES
K.
Newly Created Statutes
1.
It shall be department policy to issue warnings for a period of ninety days after the
date a new law or regulation becomes effective in lieu of special orders to the
contrary.
L.
Traffic Collisions
1.
When the investigation of a traffic collision reveals that the improper actions of
one or more drivers contributed to the cause of the collision, the driver shall be
issued a summons citing the identified violation.
M.
Pedestrian and Bicycle Violations
1.
Violations committed by pedestrian and bicyclists shall be accomplished in the
manner set forth in the written directive governing Pedestrian and Bicycle Traffic
Law.
N.
Hours of Darkness
1.
For the purpose of enforcing any statute in which an hour of darkness is an
element, a tolerance of fifteen minutes shall be granted.
Standard
61.1.6.j
Standard
61.1.6.k
V.
Police Organization Cards
A.
B.
C.
D.
The decision not to issue a summons to a motorist who produces a police organization
card should be based upon good judgment and the mere possession of any such card
should not infer immunity from enforcement action.
The nature of the offense committed and the attendant circumstances shall be weighed
when reaching a decision on enforcement action.
Under no circumstances shall a police organization card exempt a person from
enforcement action in a situation where the offense committed would otherwise justify a
physical arrest.
No member of this department shall confiscate any police organization card. The County
Prosecutor’s Office has indicated that the department has no legal grounds to support
confiscation of these cards regardless of the information printed on the card concerning
“forfeiture for violations of the law”.
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