Department of the Army, DoD § 634.45 Subpart E—Driving Records and Assessment 4: Suspension for a period of 6 months or less or revocation for a period not the Traffic Point System to exceed 1 year is discretionary. Violation: A. Mental or physical impair- § 634.43 Driving records. ment (not including alcohol or other drug Each Service and DLA will use its use) to the degree rendered incompetent to own form to record vehicle traffic acci- drive. dents, moving violations, suspension or B. Commission of an offense in another State which, if committed on the installa- revocation actions, and traffic point tion, would be grounds for suspension or rev- assessments involving military and ocation. DOD civilian personnel, their family C. Permitting an unlawful or fraudulent members, and other personnel oper- use of an official driver’s license. ating motor vehicles on a military in- D. Conviction of fleeing, or attempting to stallation. Army installations will use elude, a police officer. E. Conviction of racing on the highway. DA Form 3626 (Vehicle Registration/ Assessment 5: Loss of OF 46 for minimum of Driver Record) for this purpose. Table 6 months is discretionary. 5–1 of Part 634 prescribes mandatory Violation: Receiving a second 1-year sus- minimum or maximum suspension or pension or revocation of driving privileges revocation periods. Traffic points are within 5 years. not assessed for suspension or revoca- NOTES tion actions. 1. When imposing a suspension or revoca- TABLE 5–1 OF PART 634 SUSPENSION/REVOCA- tion because of an off-installation offense, TION OF DRIVING PRIVILEGES (SEE NOTES 1 the effective date should be the same as the AND 2) date of civil conviction, or the date that State or host-nation driving privileges are Assessment 1: Two-year revocation is man- suspended or revoked. This effective date can datory on determination of facts by installa- be retroactive. tion commander. (For Army, 5-year revoca- 2. No points are assessed for revocation or tion is mandatory.) suspension actions. Except for implied con- Violation: Driving while driver’s license or sent violations, revocations must be based installation driving privileges are under sus- on a conviction by a civilian court or courts- pension or revocation. martial, nonjudicial punishment under Arti- Assessment 2: One-year revocation is man- cle 15, UCMJ, or a separate hearing as ad- datory on determination of facts by installa- dressed in this part. If revocation for implied tion commander. consent is combined with another revoca- Violation: Refusal to submit to or failure tion, such as 1 year for intoxicated driving, to complete chemical tests (implied con- revocations may run consecutively (total of sent). 24 months) or concurrently (total of 12 Assessment 3: One-year revocation is man- months). The installation commander’s pol- datory on conviction. icy should be applied systematically and not Violation: A. Manslaughter (or negligent on a case-by-case basis. homicide by vehicle) resulting from the oper- ation of a motor vehicle. § 634.44 The traffic point system. B. Driving or being in actual physical con- trol of a motor vehicle while under the influ- The traffic point system provides a ence of intoxicating liquor (0.08% or greater uniform administrative device to im- on DOD installations; violation of civil law partially judge driving performance of off post). Service and DLA personnel. This sys- C. Driving a motor vehicle while under the tem is not a disciplinary measure or a influence of any narcotic, or while under the substitute for punitive action. Further, influence of any other drug (including alco- hol) to the degree rendered incapable of safe this system is not intended to interfere vehicle operation. in any way with the reasonable exer- D. Use of a motor vehicle in the commis- cise of an installation commander’s sion of a felony. Fleeing the scene of an acci- prerogative to issue, suspend, revoke, dent involving death or personal injury (hit deny, or reinstate installation driving and run). privileges. E. Perjury or making a false statement or affidavit under oath to responsible officials § 634.45 Point system application. relating to the ownership or operation of motor vehicles. (a) The Services and DLA are re- F. Unauthorized use of a motor vehicle be- quired to use the point system and pro- longing to another, when the act does not cedures prescribed in this section with- amount to a felony. out change. 47 VerDate Mar<15>2010 12:48 Aug 21, 2013 Jkt 229130 PO 00000 Frm 00057 Fmt 8010 Sfmt 8010 Y:\SGML\229130.XXX 229130 pmangrum on DSK3VPTVN1PROD with CFR § 634.46 32 CFR Ch. V (7–1–13 Edition) (b) The point system in table 5–2 of N. Violation: Following too close. this part applies to all operators of Points assessed: 4 U.S. Government motor vehicles, on or O. Violation: Failure to yield right of way to emergency vehicle. off Federal property. The system also Points assessed: 4 applies to violators reported to instal- P. Violation: Failure to stop for school bus lation officials in accordance with or school-crossing signals. § 634.32. Points assessed: 4 (c) Points will be assessed when the Q. Violation: Failure to obey traffic signals person is found to have committed a or traffic instructions of an enforcement violation and the finding is by either officer or traffic warden; or any official the unit commander, civilian super- regulatory traffic sign or device requir- ing a full stop or yield of right of way; visor, a military or civilian court (in- denying entry; or requiring direction of cluding a U.S. Magistrate), or by pay- traffic. ment of fine, forfeiture of pay or allow- Points assessed: 4 ances, or posted bond, or collateral. R. Violation: Improper passing. Points assessed: 4 TABLE 5–2 OF PART 634 POINT ASSESSMENT S. Violation: Failure to yield (no official FOR MOVING TRAFFIC VIOLATIONS (SEE NOTE sign involved). 1) Points assessed: 4 A. Violation: Reckless driving (willful and T. Violation: Improper turning movements wanton disregard for the safety of per- (no official sign involved). Points assessed: 3 sons or property). U. Violation: Wearing of headphones/ear- Points assessed: 6 B. Violation: Owner knowingly and willfully phones while driving motor vehicles (two or more wheels). permitting a physically impaired person Points assessed: 3 to operate the owner’s motor vehicle. V. Violation: Failure to wear an approved Points assessed: 6 helmet and/or reflectorized vest while op- C. Violation: Fleeing the scene (hit and run)- erating or riding on a motorcycle, property damage only. MOPED, or a three or four-wheel vehicle Points assessed: 6 powered by a motorcycle-like engine. D. Violation: Driving vehicle while impaired Points assessed: 3 (blood-alcohol content more than 0.05 W. Violation: Improper overtaking. percent and less than 0.08 percent). Points assessed: 3 Points assessed: 6 X. Violation: Other moving violations (in- E. Violation: Speed contests. volving driver behavior only). Points assessed: 6 Points assessed: 3 F. Violation: Speed too fast for conditions. Y. Violation: Operating an unsafe vehicle. Points assessed: 2 (See Note 2). G. Violation: Speed too slow for traffic con- Points assessed: 2 ditions, and/or impeding the flow of traf- Z. Violation: Driver involved in accident is fic, causing potential safety hazard. deemed responsible (only added to points Points assessed: 2 assessed for specific offenses). H. Violation: Failure of operator or occu- Points assessed: 1 pants to use available restraint system devices while moving (operator assessed NOTES points). Points assessed: 2 1. When two or more violations are com- I. Violation: Failure to properly restrain mitted on a single occasion, points may be children in a child restraint system while assessed for each individual violation. moving (when child is 4 years of age or 2. This measure should be used for other younger or the weight of child does not than minor vehicle safety defects or when a exceed 45 pounds). driver or registrant fails to correct a minor Points assessed: 2 defect (for example, a burned out headlight J. Violation: One to 10 miles per hour over not replaced within the grace period on a posted speed limit. warning ticket). Points assessed: 3 K. Violation: Over 10 but not more than 15 § 634.46 Point system procedures. miles per hour above posted speed limit. (a) Reports of moving traffic viola- Points assessed: 4 tions recorded on DD Form 1408 or DD L. Violation: Over 15 but not more than 20 Form 1805 will serve as a basis for de- miles per hour above posted speed limit. Points assessed: 5 termining point assessment. For DD M. Violation: Over 20 miles per hour above Form 1408, return endorsements will be posted speed limit. required from commanders or super- Points assessed: 6 visors. 48 VerDate Mar<15>2010 12:48 Aug 21, 2013 Jkt 229130 PO 00000 Frm 00058 Fmt 8010 Sfmt 8010 Y:\SGML\229130.XXX 229130 pmangrum on DSK3VPTVN1PROD with CFR.