SEAT BELT SAFETY CHECKPOINT MANUAL Safety Checkpoints are conducted under the authority of Section 6308 (b) of the PA Vehicle Code governing Regulatory Checkpoints. I. INTRODUCTION. The use of highways may be regulated and controlled as a valid exercise of police power. Whether the operation of vehicles is considered a right or a privilege, it is still subject to reasonable regulation by the government. Those regulations ensure that motor vehicles, which are considered dangerous instrumentalities, are being operated in a safe manner and condition. The purpose of safety checkpoints is to ensure compliance with statutory and safety mandates regarding the safe operation of motor vehicles that heretofore were ineffective by traditional means. ll. SAFETY CHECKPOINTS - GENERAL. A. Description: A law enforcement procedure wherein law enforcement officers utilize a systematic method for stopping vehicles at selected locations to ensure compliance with seat belt usage according to statute and PENNDOT regulations by a brief observation of the driver and passengers. B. Objective: To increase the risk of detection of seat belt violations thereby providing deterrence of those violations and ensuring compliance with driver license and vehicle statutes and regulations. C. Goal: To decrease death and injury caused by unbelted drivers and passengers and to decrease the number of such drivers and passengers on the highways of the Commonwealth. D. Procedures: A sufficient number of law enforcement officers shall be recruited and assigned to a safety checkpoint to ensure a smooth steady processing of vehicles and to provide adequate protection of the traveling public’s rights and safety along with safe operational procedures for the participating law enforcement officers. ILEE/Seat Belt Safety Checkpoint.doc/2-08 2 1. Site location and selection: Sites utilized as safety checkpoints shall be selected by the Chief of Police or his/her designee. Selection of sites shall be based on the following criteria: a. Locations which are selected from empirical data gathered and compiled by the law enforcement agency and administrative personnel. This data shall be based on the number of driver and vehicle equipment violations and warnings. b. Sites which offer maximum visibility for both directions of travel. c. Sites which have a low to medium traffic flow during the time periods when the safety checkpoints will be conducted. When electing to stop traffic in one direction only, the site selection should be made with provisions for slowing traffic in the opposite direction. d. Sites selected should permit the safe stopping of traffic in the travel lane. This will allow the systematic method of selecting vehicles and the distribution of appropriate information. e. The site selected should have adequate space available to park police vehicles and vehicles found to be unsafe or operated by drivers unqualified to continue driving. f. The site should have sufficient adjoining space available off the traveled portioned of the roadway to have selected vehicles pull off the roadway where additional inquiries can be made. These considerations may include rest areas, parking areas, etc. g. The site selected should not have characteristics or conditions that would create a hazard to motorists or to the law enforcement officers conducting the safety checkpoint. h. An alternate site should also be selected should safety considerations or unexpected situations arise at the time of the proposed operation of the safety checkpoint. Safety considerations include circumstances such as extremely heavy traffic due to an unforeseen event or major incident at or near the safety checkpoint. (This alternate selection process provides assurance that field officers are not making site selections without adequate empirical data to substantiate the need for conducting a safety checkpoint at these secondary sites.) 2. The day and time of the safety checkpoint shall be selected by the Chief of Police, or his/her designee, based upon the same criteria as the site selection. 3. Personnel: The following personnel selection process shall be conducted to help ensure the maximum possible results while minimizing the dangers to safety of motorists and the law enforcement officers involved: a. Checkpoint Supervisor/Officer In Charge - Each safety checkpoint shall be established under the direction and control of a checkpoint supervisor. The supervisor shall have been designated by the Chief of Police or his/her designee. The supervisor may actively participate in the checkpoint, but required responsibilities may preclude active participation. The supervisor shall be responsible for the advance preparations including, but not limited to, the following: i. Notification of news media for advance publicity and notification to the general and motoring public of the intended safety checkpoint. Specific information as to time and location is not required. A generalized statement that a safety checkpoint will be ILEE/Seat Belt Safety Checkpoint.doc/2-08 3 conducted by ..(law enforcement agency) on .. (date or day). Additional information could include the hours of operation and the roadway where it will be conducted. ii. Preparation of a comprehensive operational plan which includes all procedures to be followed in conducting the checkpoint. This should incorporate elements of the overall law enforcement agency policy regarding the operation of a safety checkpoint and specific elements for the specific planned checkpoint. iii. Preparation and distribution of the operational plan and alternate site to all participating law enforcement personnel. iv. Collection and distribution of adequate equipment to participating law enforcement officers. (Equipment needs will be discussed later in the manual.) v. Organize and conduct a pre-deployment briefing of personnel. The briefing should continue until the checkpoint supervisor is satisfied that all personnel fully understand their duties. vi. Coordinate movement of personnel from the briefing location to the checkpoint site. vii. Oversee and coordinate the placement of traffic control and warning devices and the placement of personnel and vehicles. This should be done in a safe and timely manner in order to provide maximum safety to motorists and checkpoint personnel. viii. Prepare a diagram depicting the final placement of signs, traffic control devices, and law enforcement personnel. This diagram becomes part of the record for that particular checkpoint. ix. Clearly announce to checkpoint personnel the start of the checkpoint operation to ensure that the method of stopping vehicles will be followed. x. Oversee the overall operation of the checkpoint operation. Periodically check personnel to ensure that the checkpoint is being conducted in a safe, courteous, professional manner and is following established guidelines. xi. Be available to answer questions concerning operational policy and procedures from motorists and checkpoint personnel. xii. Clearly announce the conclusion of the checkpoint at the predetermined time or when other conditions or circumstances mandate concluding the operation. xiii. Oversee the cleanup of the site location. Assure traffic control devices and other equipment have been removed from the roadway and properly stored. Direct personnel in cleanup of the roadway and secondary investigation area. xiv. Collect all reports and related paperwork from the checkpoint. xv. Conduct a post-deployment briefing. The briefing should continue until the checkpoint supervisor is satisfied with the operation of the checkpoint and performance of the checkpoint personnel. ILEE/Seat Belt Safety Checkpoint.doc/2-08 4 xvi. Complete a comprehensive report of the activities of the checkpoint which include the following information: - Date and time the checkpoint was conducted (start/end times) - Location - Personnel assigned - Number of vehicles stopped - Number of further investigative interviews conducted - Number of traffic citations issued (specify driver, equipment and other vehicle violations) - Number of warnings issued - Number of other arrests and non-traffic citations issued b. Traffic Control Officer - Each safety checkpoint shall have an officer assigned to direct appropriate vehicles, selected according to the predetermined systematic method, to the secondary area. i. Set up equipment related to the checkpoint operation as directed by the checkpoint supervisor. ii. Maintain observation of traffic as it approaches. Be alert and aware of surroundings. Remember, safety first! iii. Stop vehicle with a clear and distinct hand signal. iv. Direct those drivers selected according to pre-determined systematic method to the secondary area. v. At the conclusion of the checkpoint, the traffic control officer is responsible for removing assigned equipment and returning it to the proper storage area. vi. Make comments or suggestions to the checkpoint supervisor at the post deployment briefing to ensure the continued safe and efficient operation of future safety checkpoints. vii. Any other duties or responsibilities as assigned by the checkpoint supervisor. c. Interview officers - Each safety checkpoint should have a minimum of two law enforcement officers assigned in the secondary area to greet drivers. The number of interview officers assigned is the responsibility of the checkpoint supervisor. The interview officers are responsible for the following activities: i. Set up equipment related to the checkpoint operation as directed by the checkpoint supervisor. ii. Upon the signal to start, position themselves in the secondary area. Remember, safety first!! iii. Stop vehicles in compliance with pre-established systematic method. There should be a clear and distinct signal to drivers to stop. iv. Greet motorists courteously and according to policy. v. Examine the driver’s license, vehicle registration and proof of financial responsibility looking for: - Status of documents (current/expired) - Defaced, illegible or counterfeit documents ILEE/Seat Belt Safety Checkpoint.doc/2-08 5 Since the interview officer will be on the left side of the vehicle, the certificate of inspection should also be examined. This initial stop, greeting, and examination should take between 45 to 60 seconds. vi. If the interview officer is satisfied that the driver and vehicle are in compliance, safety restraint use should be monitored and an appropriate incentive given to the driver as the driver is permitted to continue. vii. Should the driver not have the requested documents or if a suspected violation is observed, the driver and vehicle should be directed to the processing officer for further investigation. (Further investigation can be done by the interview officer or a designated processing officer assigned for this purpose.) viii. At the conclusion of the checkpoint, the interview officer is responsible for removing assigned equipment and returning it to the proper storage area. ix. Any reports or paperwork should be submitted to the checkpoint supervisor. x. Make comments or suggestions to the checkpoint supervisor at the post-deployment briefing to ensure the continued safe and efficient operation of future safety checkpoints. xi. Any other duties or responsibilities as assigned by the checkpoint supervisor. d. Cover Officer - The cover officer is positioned on the right side of the vehicle opposite the interview officer and the safety information officer. Each interview and safety information officer will have a corresponding cover officer assigned to him/her. The primary responsibility of the cover officer is the safety of the other officers. i. Set up equipment related to the checkpoint operation as directed by the checkpoint supervisor. ii. Look for weapons, contraband, and violations while the interview or safety information officer is speaking with the driver and/or checking documents. iii. Assist the interview officer ensuring the driver and vehicle are in compliance with statutes and regulations. Bring suspected violations to the attention of the interview officer for further investigation. iv. Provide cover for the interview officer in the secondary area. v. At the conclusion of the checkpoint, the cover officer is responsible for removing assigned equipment and returning it to the proper storage area. vi. Make comments or suggestions to the checkpoint supervisor at the post-deployment briefing to ensure the continued safe and efficient operation of future safety checkpoints. vii. Any other duties or responsibilities as assigned by the checkpoint supervisor. AT NO TIME SHOULD AN INTERVIEW OFFICER OR SAFETY INFORMATION OFFICER BE WITHOUT A COVER OFFICER! ILEE/Seat Belt Safety Checkpoint.doc/2-08 6 e. Processing officer - The processing officer is positioned in the secondary area. i. Set up equipment related to the checkpoint operation as directed by the checkpoint supervisor. ii. Continue investigation of drivers and vehicles directed by the interview officer. iii. Verify driver and vehicle status through DMV checks. iv. Issue appropriate citation or warning notice, ensuring the driver understands his/her duties for compliance. v. Arrange for disposition of the driver and/or vehicle should further operation be illegal, unsafe, or hazardous. vi. At the conclusion of the checkpoint the processing officer is responsible for removing assigned equipment and returning it to the proper storage area. vii. Submit reports generated by the checkpoint to the checkpoint supervisor. viii. Make comments or suggestions to the checkpoint supervisor at the post-deployment briefing to ensure the continued safe and efficient operation of future safety checkpoints. ix. Any other duties or responsibilities as assigned by the checkpoint supervisor. f. Patrol Officer - Maintains a position at either end of the checkpoint as determined by the checkpoint supervisor. Observes moving/equipment violations and drivers disregarding direction of the traffic control officers. i. Set up equipment related to the checkpoint operation as directed by the checkpoint supervisor. If a patrol officer is assigned to the checkpoint, his/her equipment responsibilities would include the 48” warning signs. ii. Stopping of drivers who commit moving violations in order to avoid the checkpoint. NOTE: Drivers can choose not to enter the checkpoint so long as their method is done legally and safely. iii. At the conclusion of the checkpoint, the patrol officer is responsible for removing assigned equipment and returning it to the storage area. iv. Submit any reports generated by the checkpoint to the checkpoint supervisor. v. Make comments or suggestions to the checkpoint supervisor at the post deployment briefing to ensure the continued safe and efficient operation of future safety checkpoints. vi. Any other duties or responsibilities as assigned by the checkpoint supervisor. NOTE: The decision to designate a patrol officer to the checkpoint resides with the checkpoint supervisor. ILEE/Seat Belt Safety Checkpoint.doc/2-08 7 4. Operational Procedures - The following procedures have been established to help ensure a safe, legal, and successful safety checkpoint in compliance with guidelines established by Federal courts, Pennsylvania courts and the Pennsylvania Department of Transportation. a. The Chief of Police, or his/her designee, prior to the pre-deployment briefing shall provide to the checkpoint supervisor the following information: i. The location of the safety checkpoint site and alternate site. ii. The systematic method to be used for stopping vehicles. (i.e. every third vehicle, every fifth vehicle, etc.) iii. The start time and the end time for the checkpoint. b. The checkpoint supervisor shall conduct a pre-deployment briefing with the participating law enforcement personnel. The briefing shall include the following: i. The location of the safety checkpoint site and alternate site. ii. The time the checkpoint will begin and end. iii. A review of the operational plan including the systematic method for stopping vehicles. iv. Specific duty assignments for each participating law enforcement officer including equipment responsibility. v. Proper procedures for greeting drivers and personnel safety issues. (i.e. weapons, contraband, vehicles disregarding signal to stop and other hazardous conditions) vi. Distribution of equipment, traffic control devices, radios, reflective vests, etc. vii. Ensure the orderly and safe travel of personnel to the checkpoint site. c. At the checkpoint site, the checkpoint supervisor shall ensure the following: i. Personnel are in full uniform, wearing a reflective vest, and easily identifiable by motorists. ii. Equipment is being deployed in a safe and timely manner. iii. Personnel and vehicles are in their designated positions and the checkpoint is visible to approaching motorists. d. Once personnel and equipment are in place, the checkpoint supervisor shall: i. Clearly announce the start of the checkpoint operation and identify for the traffic control officer the first vehicle in the systematic stopping method. ii. Ensure that the interview officers are greeting drivers according to policy and that the initial detention of drivers is reasonable in order to accomplish the objective of the safety checkpoint. iii. Should there become a backlog of traffic to a predetermined point, traffic should be allowed to proceed until the backlog subsides. All such suspensions of the checkpoint operation shall be recorded by the checkpoint supervisor. ILEE/Seat Belt Safety Checkpoint.doc/2-08 8 iv. If traffic volume requires a change from the predetermined systematic method to another predetermined method, it will be done only under the direction of the checkpoint supervisor and also duly recorded. e. The traffic control officer will direct those drivers selected by the predetermined method into the appropriate lane of traffic. f. Those not selected for document checks will be directed to the safety information officer who will introduce himself/herself with the nature and purpose of the stop. Hello, I’m Officer ******* of the ******* Police Department. This is a seat belt safety checkpoint, and has been set up to check seat belt compliance. The driver will be given an incentive, safety restraints use will be checked, the driver will be thanked for his/her cooperation and directed to continue. g. Those drivers selected will be directed to the interview officer(s) in the secondary area. The interview officer will introduce himself/herself with the nature and purpose of the stop. Hello, I’m Officer ******* of the ******* Police Department. This is a seat belt safety checkpoint, and has been set up to check seat belt compliance. h. After examining the documents, and if the interview officer is assured that no violations exist either from direct observation or from the cover officer, the driver will be given an incentive, safety restraints use will be checked, the driver will be thanked for his/her cooperation and directed to continue. i. If there is a violation observed by the traffic control officer, interview officer or the driver does not have one of the requested documents, the driver will be directed to the processing officer. There, a further investigation will be done by the processing officer. The appropriate course of action will be taken in order to ensure compliance. j. Should any criminal acts are observed by any officer, appropriate action as is required and permitted under the circumstances should be taken. k. There should be no physical searches of the driver or the vehicle in the initial stopping area without probable cause. l. Manpower and equipment assets which best meet safety requirements for each checkpoint site location shall be considered when planning the deployment for that particular checkpoint. Among things to be considered in the planning of the checkpoint is anticipated traffic volume. m. Checkpoints should have the following assigned for stopping traffic in only one direction: one checkpoint supervisor; one traffic control officer; one interview officer and cover officer; one safety information officer and cover officer; and one patrol officer if assigned by the checkpoint supervisor. n. Only marked police vehicles should be used. o. Sufficient warning signs shall be used. These include 48" folding signs that are positioned prior to the actual stopping area. The first sign facing motorists shall have the legend, “Seat Belt Checkpoint Ahead”. This sign should be positioned between 400 feet to 600 feet prior to the designated stopping area. The next sign facing approaching motorists should be positioned 200 feet from the first sign. This second sign shall have the legend “Be Prepared to Stop”. ILEE/Seat Belt Safety Checkpoint.doc/2-08 9 p. Minicades and traffic cones shall be positioned to direct and control traffic once it enters the initial stopping area. The legends on the minicades should include, "Slow”, and "Stop-Police Checkpoint”. q. Advance notice to the media is recommended and encouraged. An informative and active media campaign can have a positive impact on the success of a safety checkpoint scheme locally and throughout the Commonwealth. r. Sufficient equipment is necessary to safely conduct a safety checkpoint. The following is the minimum requirement: i. reflectorized safety vests. ii. portable radios. iii. orange traffic cones iv. one 48" sign with stand - “Seat Belt Checkpoint Ahead” v. one 48" sign with stand - “ Be Prepared to Stop” vi. minicades - “Slow” vii. minicades - “Stop-Police Checkpoint” vii. supply of incentives ix. traffic and non-traffic citations x. faulty equipment slips xi. DL-640 receipt of seized items form xii. cellular telephone xii. broom or shovel for cleanup llI. GUIDELINES FOR NIGHTTIME OPERATIONS A. Site Deployment for Nighttime Operations: Manpower and equipment assets which best meet safety requirements for each site location shall be considered when planning the deployment for the safety checkpoint. The following shall be incorporated into the checkpoint run during the hours of darkness: 1. For checkpoints that are stopping traffic in a single direction: (1) At least three officers shall be positioned in the middle of the roadway. (2) One of these officers shall be responsible for directing traffic to the immediate checkpoint area. (3) The other two officers shall be assigned to check the motorists and their vehicles. There should be two officers assigned as cover officers. At least two officers should be assigned in the processing area. 2. For checkpoints that are stopping traffic in both directions. (1) At least six officers shall be positioned in the middle of the roadway. (2) One in each direction shall be responsible for directing traffic to the immediate checkpoint area. (3) Two in each direction shall be assigned to check motorists and their vehicles. (4) Two officers in each direction to provide cover. (5) Two officers in each of the processing areas. 3. Auxiliary lighting shall be placed a sufficient distance away from reflectorized equipment so as not to decrease the effectiveness of that equipment. Reflectorized equipment includes items such as vests, signs, etc. ILEE/Seat Belt Safety Checkpoint.doc/2-08 10 4. Two signs will be posted prior to the safety checkpoint to alert motorists of the impending checkpoint. Signs should be at least two hundred feet apart, with the first sign being a minimum of four hundred feet prior to the actual checkpoint with the "Seat Belt Checkpoint Ahead" message. The second sign shall have the message "Be Prepared to Stop". If traffic is being stopped in both directions, signs shall be posted in both directions prior to the checkpoint. To minimize confusion for motorists, the erection of signs shall be the last step prior to initiating the checkpoint operation. Signs shall be positioned and of the size, type and specifications as outlined in the PA Department of Transportation's "Sign Specification Manual". 5. Additional signs and traffic cones alerting motorists, including "Caution", "slow", and "Stop - Police Checkpoint" signs may be utilized. 6. Flares and/or other warning lights shall be used at the approach to the checkpoint. Flares should not be used within the checkpoint area itself. At the completion of the checkpoint operation, flare residue and wires shall be swept and removed from the roadway. 7. Equipment to be used by the assigned officers shall be issued at the predeployment briefing. The supervisor shall direct and coordinate the deployment and security of the checkpoint. A prearranged signal shall be initiated when the need for emergency clearing of the roadway by participating officers arises, i.e., whistle, horn, radio signal, etc. 8. Except for vans or trailers needed for transporting equipment to the site, only marked patrol vehicles should be utilized. All vehicles located within the immediate checkpoint area shall utilize emergency lights to alert motorists of the impending checkpoint. Vehicles may be positioned as chase cars if necessary. 9. Equipment: Sufficient equipment is necessary to safely conduct a safety checkpoint. The following is a minimum requirement for operation of a safety checkpoint during the hours of darkness: 10. For checkpoints stopping in one direction: a. Eight flashlights b. Eight reflectorized vests c. Eight portable radios d. Ten reflectorized rubber cones e. One reflective sign (Seat Belt Checkpoint Ahead) f. One reflective sign (Be Prepared to Stop) g. Reflective minicades - "slow" h. Reflective minicades - "Stop – Police Checkpoint" i. Flares (Two adjacent to each sign, one between each cone leading to checkpoint. Reminder - Flares will burn approximately 30 minutes. Adequate supply is needed to have continuous flares for a period of approximately one-half hour before and after checkpoint is established. Take plenty to insure adequate warning. ILEE/Seat Belt Safety Checkpoint.doc/2-08 11 j. Auxiliary lighting - six lights k. Portable generator l. Broom or shovel (cleanup) m. Two marked police vehicles with emergency overhead lights n. Supply of brochures and pamphlets on highway safety issues/ incentives o. Traffic and non-traffic citations p. Faulty equipment cards q. DL-640 receipt of seized items form r. Flashlight batteries s. Cellular telephone 11. For checkpoints stopping two directions: a. Fifteen flashlights b. Fifteen reflectorized vests c. Fifteen portable radios d. Twenty reflectorized rubber cones e. Two reflective signs (Seat Belt Checkpoint Ahead) f. Two reflective signs (Be Prepared to Stop) g. Reflective minicades - "slow" h. Reflective minicades - "Stop -Police Checkpoint" i. Flares (Two adjacent to each sign, one between each cone leading to checkpoint. Reminder - Flares will burn approximately 30 minutes. Adequate supply is needed to have continuous flares for a period of approximately one-half hour before and after checkpoint is established. Take plenty to insure adequate warning. j. Auxiliary lighting - twelve lights k. Two portable generators l. Broom or shovel (cleanup) m. Three marked police vehicles with emergency overhead lights n. Supply of brochures and pamphlets on highway safety issues/ incentives o. Traffic and non-traffic citations p. Faulty equipment cards q. DL-640 receipt of seized items form r. Flashlight batteries s. Cellular telephone 12. The Officer in Charge of the Safety Checkpoint that is run during the hours of darkness shall consider the assigned site location and the potential for both criminal and traffic violations beyond those of drivers license and vehicle violations and the impact that it could have on the continued operation of the Safety Checkpoint. The Officer in Charge of the Safety Checkpoint should consider the inclusion of additional equipment and job assignments to checkpoint personnel or having on duty patrol officers respond to the checkpoint to handle any investigations beyond those targeted by the Safety Checkpoint. 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