Motor Vehicle Traffic Supervision, 18969-18989 [05-7165]

Agencies

• DEPARTMENT OF DEFENSE
• Department of the Army
• Army Department

[Federal Register Volume 70, Number 69 (Tuesday, April 12, 2005)]
[Rules and Regulations]
[Pages 18969-18989]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7165]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 634

RIN 0702-AA43


Motor Vehicle Traffic Supervision

AGENCY: Department of the Army, DoD.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of the Army is publishing our rule concerning 
motor vehicle traffic supervision. The regulation prescribes policies 
and procedures on motor vehicle traffic supervision on military 
installations in the continental United States and overseas areas, 
including registration of privately owned vehicles; granting, 
suspending, or revoking the privilege to operate a privately owned 
vehicle on a military installation; administration of the vehicle 
registration program; driver improvement programs; police traffic 
supervision; and off-installation traffic activities.

DATES: Effective Date: May 12, 2005.

ADDRESSES: Headquarters, Department of the Army, Office of the Provost 
Marshal General, ATTN: DAPM-MPD-LE, 2800 Army Pentagon, Washington, DC 
20310-2800.

FOR FURTHER INFORMATION CONTACT: Nathan Evans, (703) 693-2126.

SUPPLEMENTARY INFORMATION:

A. Background

    In the December 21, 2004, issue of the Federal Register (69 FR 
76526) the Department of the Army issued a proposed rule to publish 32 
CFR part 634. This final rule prescribes procedures and 
responsibilities for motor vehicle traffic supervision. The Department 
of the Army received a response from one commentor. No substantive 
changes were requested or made. The Department of the Army has added 
one section since the publication of this part as a proposed rule. 
Section 634.25(c)(3) was modified to incorporate Department of Defense 
guidance concerning driving while using a cell phone.

B. Regulatory Flexibility Act

    The Department of the Army has determined that the Regulatory 
Flexibility Act does not apply because the final rule does not have a 
significant economic impact on a substantial number of small entities 
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601-612.

C. Unfunded Mandates Reform Act

    The Department of the Army has determined that the Unfunded 
Mandates Reform Act does not apply because the final rule does not 
include a mandate that may result in estimated costs to State, local or 
tribal governments in the aggregate, or the private sector, of $100 
million or more.

D. National Environmental Policy Act

    The Department of the Army has determined that the National 
Environmental Policy Act does not apply because the final rule does not 
have an adverse impact on the environment.

E. Paperwork Reduction Act

    The Department of the Army has determined that the Paperwork 
Reduction Act does not apply because the final rule does not involve 
collection of information from the public.

F. Executive Order 12630 (Government Actions and Interference With 
Constitutionally Protected Property Rights)

    The Department of the Army has determined that Executive Order 
12630 does not apply because the final rule does not impair private 
property rights.

G. Executive Order 12866 (Regulatory Planning and Review)

    The Department of the Army has determined that according to the 
criteria defined in Executive Order 12866 this final rule is not a 
significant regulatory action. As such, the final rule is not subject 
to Office of Management and Budget review under section 6(a)(3) of the 
Executive Order.

H. Executive Order 13045 (Protection of Children From Environmental 
Health Risk and Safety Risks)

    The Department of the Army has determined that according to the 
criteria defined in Executive Order 13045 this final rule does not 
apply.

I. Executive Order 13132 (Federalism)

    The Department of the Army has determined that according to the 
criteria defined in Executive Order 13132 this final rule does not 
apply because it will not have a substantial effect on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government.

Jeffery B. Porter,
Chief, Law Enforcement Policy and Oversight Section.

List of Subjects in 32 CFR Part 634

    Crime, Investigations, Law, Law enforcement, Law enforcement 
officers, Military law, Penalties.


0
For reasons stated in the preamble the Department of the Army revises 
32 CFR part 634 to read as follows:

PART 634--MOTOR VEHICLE TRAFFIC SUPERVISION

Subpart A--Introduction
Sec.
634.1 Purpose.
634.2 References.
634.3 Explanation of abbreviations and terms.
634.4 Responsibilities.
634.5 Program objectives.
Subpart B--Driving Privileges
634.6 Requirements for driving privileges.
634.7 Stopping and inspecting personnel or vehicles.
634.8 Implied consent.
634.9 Suspension or revocation of driving or privately owned vehicle 
registration privileges.
634.10 Remedial driver training programs.
634.11 Administrative due process for suspensions and revocations.
634.12 Army administrative actions against intoxicated drivers.
634.13 Alcohol and drug abuse programs.
634.14 Restoration of driving privileges upon acquittal of 
intoxicated driving.

[[Page 18970]]

634.15 Restricted driving privileges or probation.
634.16 Reciprocal State-Military action.
634.17 Extensions of suspensions and revocations.
634.18 Reinstatement of driving privileges.
Subpart C--Motor Vehicle Registration
634.19 Registration policy.
634.20 Privately owned vehicle operation requirements.
634.21 Department of Defense Form 2220.
634.22 Termination or denial of registration.
634.23 Specified consent to impoundment.
Subpart D--Traffic Supervision
634.24 Traffic planning and codes.
634.25 Installation traffic codes.
634.26 Traffic law enforcement principles.
634.27 Speed-measuring devices.
634.28 Traffic accident investigation.
634.29 Traffic accident investigation reports.
634.30 Use of traffic accident investigation report data.
634.31 Parking.
634.32 Traffic violation reports.
634.33 Training of law enforcement personnel.
634.34 Blood alcohol concentration standards.
634.35 Chemical testing policies and procedures.
634.36 Detection, apprehension, and testing of intoxicated drivers.
634.37 Voluntary breath and bodily fluid testing based on implied 
consent.
634.38 Involuntary extraction of bodily fluids in traffic cases.
634.39 Testing at the request of the apprehended person.
634.40 General off installation traffic activities.
634.41 Compliance with State laws.
634.42 Civil-military cooperative programs.
Subpart E--Driving Records and the Traffic Point System
634.43 Driving records.
634.44 The traffic point system.
634.45 Point system application.
634.46 Point system procedures.
634.47 Disposition of driving records.
Subpart F--Impounding Privately Owned Vehicles
634.48 General.
634.49 Standards for impoundment.
634.50 Towing and storage.
634.51 Procedures for impoundment.
634.52 Search incident to impoundment based on criminal activity.
634.53 Disposition of vehicles after impoundment.
Subpart G--List of State Driver's License Agencies
634.54 List of State Driver's License Agencies.

    Authority: 10 U.S.C. 30112(g); 5 U.S.C. 2951; Pub. L. 89-564; 
89-670; 91-605; and 93-87.

Subpart A--Introduction


Sec.  634.1  Purpose.

    (a) This subpart establishes policy, responsibilities, and 
procedures for motor vehicle traffic supervision on military 
installations in the continental United States (CONUS) and overseas 
areas. This includes but is not limited to the following:
    (1) Granting, suspending, or revoking the privilege to operate a 
privately owned vehicle (POV).
    (2) Registration of POVs.
    (3) Administration of vehicle registration and driver performance 
records.
    (4) Driver improvement programs.
    (5) Police traffic supervision.
    (6) Off-installation traffic activities.
    (b) Commanders in overseas areas are authorized to modify these 
policies and procedures in the following instances:
    (1) When dictated by host nation relationships, treaties, and 
agreements.
    (2) When traffic operations under military supervision necessitate 
measures to safeguard and protect the morale, discipline, and good 
order in the Services.


Sec.  634.2  References.

    Required and related publications along with prescribed and 
referenced forms are listed in Appendix A, AR 190-5.


Sec.  634.3  Explanation of abbreviations and terms.

    Abbreviations and special terms used in this subpart are explained 
in the Glossary of AR 190-5. It is available on the internet at: 
www.usapa.army.mil.


Sec.  634.4  Responsibilities.

    (a) Departmental. The Provost Marshal General, Headquarters, 
Department of the Army (HQDA); Director, Naval Criminal Investigative 
Service, U.S. Navy (USN); Headquarters, Air Force Security Forces 
Center; Headquarters, U.S. Marine Corps (USMC); Staff Director, Command 
Security Office, Headquarters, Defense Logistics Agency (DLA), and 
Chief, National Guard Bureau will--
    (1) Exercise staff supervision over programs for motor vehicle 
traffic supervision.
    (2) Develop standard policies and procedures that include 
establishing an automated records program on traffic supervision.
    (3) Maintain liaison with interested staff agencies and other 
military departments on traffic supervision.
    (4) Maintain liaison with departmental safety personnel on traffic 
safety and accident reporting systems.
    (5) Coordinate with national, regional, and state traffic officials 
and agencies, and actively participate in conferences and workshops 
sponsored by the Government or private groups at the national level.
    (6) Help organize and monitor police traffic supervision training.
    (7) Maintain liaison with the Department of Transportation (DOT) 
and other Federal departments and agencies on the National Highway 
Safety Program Standards (NHSPS) and programs that apply to U.S. 
military traffic supervision.
    (8) Participate in the national effort to reduce intoxicated 
driving.
    (b) All major commanders. Major commanders of the Army, Navy, Air 
Force, Marine Corps, and DLA will--
    (1) Manage traffic supervision in their commands.
    (2) Cooperate with the support programs of state and regional 
highway traffic safety organizations.
    (3) Coordinate regional traffic supervision activities with other 
major military commanders in assigned geographic areas of 
responsibility.
    (4) Monitor agreements between installations and host state 
authorities for reciprocal reporting of suspension and revocation of 
driving privileges.
    (5) Participate in state and host nation efforts to reduce 
intoxicated driving.
    (6) Establish awards and recognition programs to recognize 
successful installation efforts to eliminate intoxicated driving. 
Ensure that criteria for these awards are positive in nature and 
include more than just apprehensions for intoxicated driving.
    (7) Modify policies and procedures when required by host nation 
treaties or agreements.
    (c) Major Army commanders. Major Army commanders will ensure 
subordinate installations implement all provisions of this part.
    (d) Commanding General, U.S. Army Training and Doctrine Command 
(CG, TRADOC). The CG, TRADOC will ensure that technical training for 
functional users is incorporated into service school instructional 
programs.
    (e) Installation or activity commander, Director of Military 
Support and State Adjutant General. The installation or activity 
commander (for the Navy, the term installation shall refer to either 
the regional commander or installation commanding officer, whoever has 
ownership of the traffic program) will--
    (1) Establish an effective traffic supervision program.
    (2) Cooperate with civilian police agencies and other local, state, 
or federal government agencies concerned with traffic supervision.

[[Page 18971]]

    (3) Ensure that traffic supervision is properly integrated in the 
overall installation traffic safety program.
    (4) Actively participate in Alcohol Safety Action Projects (ASAP) 
in neighboring communities.
    (5) Ensure that active duty Army law enforcement personnel follow 
the provisions of AR 190-45 in reporting all criminal violations and 
utilize the Centralized Police Operations Suite (COPS) to support 
reporting requirements and procedures. Air Force personnel engaged in 
law enforcement and adjudication activities will follow the provisions 
of AFI 31-203 in reporting all criminal and traffic violations, and 
utilized the Security Forces Management Information Systems (SFMIS) to 
support reporting requirements and procedures.
    (6) Implement the terms of this part in accordance with the 
provisions of the Federal Service Labor-Management Relations Statute, 5 
U.S.C. Chapter 71.
    (7) Revoke driving privileges in accordance with this part.
    (f) Installation law enforcement officer. The installation law 
enforcement officer will--
    (1) Exercise overall staff responsibility for directing, 
regulating, and controlling traffic, and enforcing laws and regulations 
pertaining to traffic control.
    (2) Assist traffic engineering functions at installations by 
participating in traffic control studies designed to obtain information 
on traffic problems and usage patterns.
    (g) Safety officer. Safety officers will participate in and develop 
traffic accident prevention initiatives in support of the installation 
traffic safety program.
    (h) Facility engineer (public works officer at Navy installations). 
The facility engineer, engineer officer or civil engineer at Air Force 
installations, in close coordination with the law enforcement officer, 
will--
    (1) Perform that phase of engineering concerned with the planning, 
design, construction, and maintenance of streets, highways, and 
abutting lands.
    (2) Select, determine appropriate design, procure, construct, 
install, and maintain permanent traffic and parking control devices in 
coordination with the law enforcement officer and installation safety 
officer.
    (3) Ensure that traffic signs, signals, and pavement markings 
conform to the standards in the current Manual on Uniform Traffic 
Control Devices for Streets and Highways.
    (4) Ensure that planning, design, construction, and maintenance of 
streets and highways conform to the NHSPS as implemented by the Army.
    (i) Traffic engineer. The traffic engineer, in close coordination 
with the law enforcement officer, will:
    (1) Conduct formal traffic engineering studies.
    (2) Apply traffic engineering measures, including traffic control 
devices, to reduce the number and severity of traffic accidents. (If 
there is no installation traffic engineer, installation commanders may 
request these services through channels from the Commander, Military 
Surface Deployment and Distribution Command, 200 Stovall Street, 
Alexandria, VA 22332).
    (j) Army Alcohol and Drug Control Officer (ADCO). The ADCO will 
provide treatment and education services to personnel with alcohol or 
drug abuse problems.
    (k) Navy Substance Abuse Rehabilitation Program (SARP) Directors. 
These directors will--
    (1) Supervise the alcohol/drug rehabilitation services to personnel 
with alcohol or drug abuse problems.
    (2) Provide remedial/motivational education for all persons 
identified as alcohol or drug abusers who are evaluated as not 
dependent on alcohol or drugs and who have been referred to level one 
rehabilitation by their commands.
    (l) Marine Corps Substance Abuse Program Officer. This officer will 
provide alcohol/drug education, treatment, and rehabilitation services 
to personnel with alcohol/drug abuse problems.
    (m) DLA Employee Assistance Program Officer. This officer will 
provide alcohol/drug counseling and referral services to identified 
personnel with alcohol/drug abuse problems in accordance with 
procedures prescribed by the Labor Relations Officer, Office of Human 
Resource, HQ DLA.
    (n) Alcohol/Drug Abuse Prevention Treatment (ADAPT) program. Air 
Force Commanders will refer personnel identified with alcohol/drug 
abuse problems to this program in accordance with established 
procedures.


Sec.  634.5  Program objectives.

    (a) The objectives of motor vehicle traffic supervision are to 
assure--
    (1) Safe and efficient movement of personnel and vehicles.
    (2) Reduction of traffic deaths, injuries, and property damage from 
traffic accidents. Most traffic accidents can be prevented. 
Investigation of motor vehicle accidents should examine all factors, 
operator status, vehicle condition, and supervisory control measures 
involved.
    (3) Integration of installation safety, engineering, legal, 
medical, and law enforcement resources into the installation traffic 
planning process.
    (4) Removal of intoxicated drivers from installation roadways.
    (b) [Reserved]

Subpart B--Driving Privileges


Sec.  634.6  Requirements for driving privileges.

    (a) Driving a Government vehicle or POV on military installations 
is a privilege granted by the installation commander. Persons who 
accept the privilege must--
    (1) Be lawfully licensed to operate motor vehicles in appropriate 
classifications and not be under suspension or revocation in any state 
or host country.
    (2) Comply with laws and regulations governing motor vehicle 
operations on any U. S. military installation.
    (3) Comply with installation registration requirements in Subpart C 
of this part. Vehicle registration is required on all Army 
installations through use of the Vehicle Registration System (VRS). 
Vehicle registration is required on all Air Force and DLA installations 
and as directed by the Chief, National Guard Bureau.
    (4) Possess, while operating a motor vehicle and produce on request 
by law enforcement personnel, the following:
    (i) Proof of vehicle ownership or state registration if required by 
the issuing state or host nation.
    (ii) A valid state, host nation, overseas command, or international 
driver's license and/or OF 346 (U.S. Government Motor Vehicle 
Operator's Identification Card), as applicable to the class vehicle to 
be operated, supported by a DD Form 2A (U.S. Armed Forces 
Identification Card), Common Access Card (CAC) or other appropriate 
identification for non-Department of Defense (DOD) civilians.
    (iii) A valid record of motor vehicle safety inspection, as 
required by the state or host nation and valid proof of insurance if 
required by the state or locality.
    (iv) Any regulatory permits, or other pertinent documents relative 
to shipping and transportation of special cargo.
    (v) When appropriate, documents that establish identification and 
status of cargo or occupants.
    (vi) Proof of valid insurance. Proof of insurance consists of an 
insurance card, or other documents issued by the insurance company, 
that has a policy effective date and an expiration date.
    (b) Operators of Government motor vehicles must have proof of 
authorization to operate the vehicle.

[[Page 18972]]

Sec.  634.7  Stopping and inspecting personnel or vehicles.

    (a) Government vehicles may be stopped by law enforcement personnel 
on military installations based on the installation commander's policy.
    (1) In overseas areas, Government vehicles may be stopped on or off 
installations as determined by host nation agreement and command 
policy.
    (2) Stops and inspections of vehicles at installation gates or 
entry points and in restricted areas will be conducted according to 
command policy.
    (b) Stops and inspections of POVs within the military installation, 
other than at restricted areas or at an installation gate, are 
authorized only when there is a reasonable suspicion of criminal 
activity, or of a violation of a traffic regulation or of the 
installation commander's policy. Marine Corps users will be guided by 
publication of Marine Corps order and Military Rules of Evidence 311-
316 and local command regulations. DLA users, see DLAR 5700.7.
    (c) At the time of stop, the driver and occupants may be required 
to display all pertinent documents, including but not limited to:
    (1) DD Form 2A.
    (2) Documents that establish the identity and status of civilians; 
for example, Common Access Card (CAC), DD Form 1173 (Uniformed Services 
Identification and Privilege Card), DA Form 1602 (Civilian 
Identification), AF Form 354 (Civilian Identification Card), DD Form 2 
(Armed Forces of the United States Identification Card), post pass, 
national identity card, or other identification.
    (3) Proper POV registration documents.
    (4) Host nation vehicle registration documents, if applicable.
    (5) Authorization to operate a Government vehicle, if applicable.
    (6) Drivers license or OF 346 valid for the particular vehicle and 
area of operation.
    (7) Proof of insurance.


Sec.  634.8  Implied consent.

    (a) Implied consent to blood, breath, or urine tests. Persons who 
drive on the installation shall be deemed to have given their consent 
to evidential tests for alcohol or other drug content of their blood, 
breath, or urine when lawfully stopped, apprehended, or cited for any 
offense allegedly committed while driving or in physical control of a 
motor vehicle on military installations to determine the influence of 
intoxicants.
    (b) Implied consent to impoundment. Any person granted the 
privilege to operate or register a motor vehicle on a military 
installation shall be deemed to have given his or her consent for the 
removal and temporary impoundment of the POV when it is parked 
illegally, or for unreasonable periods, as determined by the 
installation commander or applicable authority, interfering with 
military operations, creating a safety hazard, disabled by accident, 
left unattended in a restricted or controlled area, or abandoned. Such 
persons further agree to reimburse the United States for the cost of 
towing and storage should their motor vehicle be removed or impounded. 
Existence of these conditions will be determined by the installation 
commander or designee.
    (c) Any person who operates, registers, or who is in control of a 
motor vehicle on a military installation involved in a motor vehicle or 
criminal infraction shall be informed that notice of the violation of 
law or regulation will be forwarded to the Department of Motor Vehicles 
(DMV) of the host state and/or home of record for the individual, and 
to the National Register, when applicable.


Sec.  634.9  Suspension or revocation of driving or privately owned 
vehicle registration privileges.

    The installation commander or designee may for cause, or any lawful 
reason, administratively suspend or revoke driving privileges on the 
installation. The suspension or revocation of installation driving 
privileges or POV registrations, for lawful reasons unrelated to 
traffic violations or safe vehicle operation, is not limited or 
restricted by this part.
    (a) Suspension. (1) Driving privileges are usually suspended when 
other measures fail to improve a driver's performance. Measures should 
include counseling, remedial driving training, and rehabilitation 
programs if violator is entitled to the programs. Driving privileges 
may also be suspended for up to 6 months if a driver continually 
violates installation parking regulations. The commander will determine 
standards for suspension based on frequency of parking violations and 
publish those standards. Aboard Navy installations, any vehicle parked 
in a fire lane will be towed at the owner's expense. Any vehicle parked 
without authorization in an area restricted due to force protection 
measures may subject the driver to immediate suspension by the 
installation commanding officer. Vehicle will be towed at the owner/
operator's expense.
    (2) The installation commander has discretionary power to withdraw 
the authorization of active duty military personnel, DOD civilian 
employees, and nonappropriated funds (NAF) employees, contractors and 
subcontractors to operate Government vehicles.
    (3) Immediate suspension of installation or overseas command POV 
driving privileges pending resolution of an intoxicated driving 
incident is authorized for active duty military personnel, family 
members, retired members of the military services, DOD civilian 
personnel, and others with installation or overseas command driving 
privileges, regardless of the geographic location of the intoxicated 
driving incident. Suspension is authorized for non-DOD affiliated 
civilians only with respect to incidents occurring on the installation 
or in areas subject to military traffic supervision. After a review of 
available information as specified in Sec.  634.11, installation 
driving privileges will be immediately suspended pending resolution of 
the intoxicated driving accident in the following circumstances:
    (i) Refusal to take or complete a lawfully requested chemical test 
to determine contents of blood for alcohol or other drugs.
    (ii) Operating a motor vehicle with a blood alcohol content (BAC) 
of .08 percent by volume (.08 grams per 100 milliliters) or higher or 
in violation of the law of the jurisdiction that is being assimilated 
on the military installation.
    (iii) Operating a motor vehicle with a BAC of 0.05 percent by 
volume but less than 0.08 percent blood alcohol by volume in violation 
of the law of the jurisdiction in which the vehicle is being operated 
if the jurisdiction imposes a suspension solely on the basis of the BAC 
level (as measured in grams per 100 milliliters).
    (iv) On an arrest report or other official documentation of the 
circumstances of an apprehension for intoxicated driving.
    (b) Revocation. (1) The revocation of installation or overseas 
command POV driving privileges is a severe administrative measure to be 
exercised for serious moving violations or when other available 
corrective actions fail to produce the desired driver improvement. 
Revocation of the driving privilege will be for a specified period, but 
never less than 6 months, applies at all military installations, and 
remains in effect upon reassignment.
    (2) Driving privileges are subject to revocation when an individual 
fails to comply with any of the conditions requisite to the granting 
privilege (see Sec.  634.6). Revocation of installation driving and 
registration privileges is authorized for military personnel, family 
members, civilian employees of

[[Page 18973]]

DOD, contractors, and other individuals with installation driving 
privileges. For civilian guests, revocation is authorized only with 
respect to incidents occurring on the installation or in the areas 
subject to military traffic supervision.
    (3) Driving privileges will be revoked for a mandatory period of 
not less than 1 year in the following circumstances:
    (i) The installation commander or designee has determined that the 
person lawfully apprehended for driving under the influence refused to 
submit to or complete a test to measure the alcohol content in the 
blood, or detect the presence of any other drug, as required by the law 
of the jurisdiction, or installation traffic code, or by Service 
directive.
    (ii) A conviction, nonjudicial punishment, or a military or 
civilian administrative action resulting in the suspension or 
revocation of driver's license for intoxicated driving. Appropriate 
official documentation of such conviction is required as the basis for 
revocation.
    (4) When temporary suspensions under paragraph (a)(3) of this 
section are followed by revocations, the period of revocation is 
computed beginning from the date the original suspension was imposed, 
exclusive of any period during which full driving privileges may have 
been restored pending resolution of charges. (Example: privileges were 
initially suspended on January 1, 2000 for a charge of intoxicated 
driving with a BAC of 0.14 percent. A hearing was held, extreme family 
hardship was substantiated, and privileges were restored on February 1 
pending resolution of the charge. On March 1, 2000, the driver was 
convicted for intoxicated driving. The mandatory 1-year revocation 
period will consist of January 2000 plus March 2000 through January 
2001, for a total of 12 months with no installation driving 
privileges).
    (c) Army provost marshals will use the automated VRS to develop and 
maintain records showing that an individual's driving privileges have 
been revoked.


Sec.  634.10  Remedial driver training programs.

    (a) Navy activities will comply with OPNAVINST 5100.12 Series, and 
Marine Corps activities with current edition of MCO 5100.19C for 
establishment of remedial training programs.
    (b) Installation commanders may establish a remedial driver-
training program to instruct and educate personnel requiring additional 
training. Personnel may be referred to a remedial program on the basis 
of their individual driving history or incidents requiring additional 
training. The curriculum should provide instruction to improve driving 
performance and compliance with traffic laws.
    (c) Installation commanders may schedule periodic courses, or if 
not practical, arrange for participation in courses conducted by local 
civil authorities.
    (d) Civilian personnel employed on the installation, contractor 
employees, and family members of military personnel may attend remedial 
courses on the installation, or similar courses off the installation 
which incur no expense to the government.


Sec.  634.11  Administrative due process for suspensions and 
revocations.

    (a) Individual Services will promulgate separate regulations 
establishing administrative due process procedures for suspension or 
revocation of driving privileges. The procedures in paragraphs (b) and 
(c) of this section apply to actions taken by Army commanders with 
respect to Army military personnel and family members and to civilian 
personnel operating motor vehicles on Army installations. For Marine 
Corps users, the provisions of this section apply. For Air Force users, 
a preliminary suspension for intoxicated driving remains in effect 
until the installation commander makes a final decision. Requested 
hearings must take place within a reasonable period, which is 
determined by the installation commander.
    (b) For offenses other than intoxicated driving, suspension or 
revocation of the installation driving privilege will not become 
effective until the installation commander or designee notifies the 
affected person and offers that person an administrative hearing. 
Suspension or revocation will take place 14 calendar days after written 
notice is received unless the affected person makes an application for 
a hearing within this period. Such application will stay the pending 
suspension or revocation for a period of 14 calendar days.
    (1) If, due to action by the government, a hearing is not held 
within 14 calendar days, the suspension will not take place until such 
time as the person is granted a hearing and is notified of the action 
of the installation commander or designee. However, if the affected 
person requests that the hearing be continued to a date beyond the 14-
day period, the suspension or revocation will become effective 
immediately on receipt of notice that the request for continuance has 
been granted, and remain in force pending a hearing at a scheduled 
hearing date.
    (2) If it is determined as a result of a hearing to suspend or 
revoke the affected person's driving privilege, the suspension or 
revocation will become effective when the person receives the written 
notification of such action. In the event that written notification 
cannot be verified, either through a return receipt for mail or 
delivery through command channels, the hearing authority will determine 
the effective date on a case-by-case basis.
    (3) If the revocation or suspension is imposed after such hearing, 
the person whose driving privilege has been suspended or revoked will 
have the right to appeal or request reconsideration. Such requests must 
be forwarded through command channels to the installation commander 
within 14 calendar days from the date the individual is notified of the 
suspension or revocation resulting from the administrative hearing. The 
suspension or revocation will remain in effect pending a final ruling 
on the request. Requests for restricted privileges will be considered 
per Sec.  634.15.
    (4) If driving privileges are temporarily restored (i.e. for family 
hardship) pending resolution of charges, the period of revocation 
(after final authority determination) will still total the mandatory 12 
months. The final date of the revocation will be adjusted to account 
for the period when the violator's privileges were temporarily 
restored, as this period does not count towards the revocation time.
    (c) For drunk driving or driving under the influence offenses, 
reliable evidence readily available will be presented promptly to an 
individual designated by the installation commander for review and 
authorization for immediate suspension of installation driving 
privileges.
    (1) The reviewer should be any officer to include GS-11 and above, 
designated in writing by the installation or garrison commander whose 
primary duties are not in the field of law enforcement.
    (2) Reliable evidence includes witness statements, military or 
civilian police report of apprehension, chemical test results if 
completed, refusal to consent to complete chemical testing, videotapes, 
statements by the apprehended individual, field sobriety or preliminary 
breath tests results, and other pertinent evidence. Immediate 
suspension should not be based solely on published lists of arrested 
persons, statements by parties not witnessing the apprehension, or 
telephone conversations or other information not supported by 
documented and reliable evidence.

[[Page 18974]]

    (3) Reviews normally will be accomplished within the first normal 
duty day following final assembly of evidence.
    (4) Installation commanders may authorize the installation law 
enforcement officer to conduct reviews and authorize suspensions in 
cases where the designated reviewer is not reasonably available and, in 
the judgment of the installation law enforcement officer, such 
immediate action is warranted. Air Force Security Forces personnel act 
in an advisory capacity to installation commanders. Review by the 
designated officer will follow as soon as practical in such cases. When 
a suspension notice is based on the law enforcement officer's review, 
there is no requirement for confirmation notice following subsequent 
review by the designated officer.
    (5) For active duty military personnel, final written notice of 
suspension for intoxicated driving will be provided to the individual's 
chain of command for immediate presentation to the individual. Air 
Force Security Forces provide a copy of the temporary suspension to the 
individual at the time of the incident or may provide a copy of the 
final determination at the time of the incident, as pre-determined by 
the final action authority.
    (6) For civilian personnel, written notice of suspension for 
intoxicated driving will normally be provided without delay via 
certified mail. Air Force Security Forces personnel provide a copy of 
the temporary suspension to the individual at the time of the incident 
or may provide a copy of the final determination at the time of the 
incident, as pre-determined by the final action authority. If the 
person is employed on the installation, such notice will be forwarded 
through the military or civilian supervisor. When the notice of 
suspension is forwarded through the supervisor, the person whose 
privileges are suspended will be required to provide written 
acknowledgment of receipt of the suspension notice.
    (7) Notices of suspension for intoxicated driving will include the 
following:
    (i) The fact that the suspension can be made a revocation under 
Sec.  634.9(b).
    (ii) The right to request, in writing, a hearing before the 
installation commander or designee to determine if post driving 
privileges will be restored pending resolution of the charge; and that 
such request must be made within 14 calendar days of the final notice 
of suspension.
    (iii) The right of military personnel to be represented by counsel 
at his or her own expense and to present evidence and witnesses at his 
or her own expense. Installation commanders will determine the 
availability of any local active duty representatives requested.
    (iv) The right of Department of Defense civilian employees to have 
a personal representative present at the administrative hearing in 
accordance with applicable laws and regulations.
    (v) Written acknowledgment of receipt to be signed by the 
individual whose privileges are to be suspended or revoked.
    (8) If a hearing is requested, it must take place within 14 
calendar days of receipt of the request. The suspension for intoxicated 
driving will remain in effect until a decision has been made by the 
installation commander or designee, but will not exceed 14 calendar 
days after the hearing while awaiting the decision. If no decision has 
been made by that time, full driving privileges will be restored until 
such time as the accused is notified of a decision to continue the 
suspension.
    (9) Hearing on suspension actions under Sec.  634.9(a) for drunk or 
impaired driving pending resolution of charges will cover only the 
following pertinent issues of whether--
    (i) The law enforcement official had reasonable grounds to believe 
the person was driving or in actual physical control of a motor vehicle 
under the influence of alcohol or other drugs.
    (ii) The person was lawfully cited or apprehended for a driving 
under the influence offense.
    (iii) The person was lawfully requested to submit his or her blood, 
breath, or urine in order to determine the content of alcohol or other 
drugs, and was informed of the implied consent policy (consequences of 
refusal to take or complete the test).
    (iv) The person refused to submit to the test for alcohol or other 
drug content of blood, breath, or urine; failed to complete the test; 
submitted to the test and the result was .08 or higher blood alcohol 
content, or between .05 and .08 in violation of the law of the 
jurisdiction in which the vehicle is being operated if the jurisdiction 
imposes a suspension solely on the basis of the BAC level; or showed 
results indicating the presence of other drugs for an on-post 
apprehension or in violation of State laws for an off-post 
apprehension.
    (v) The testing methods were valid and reliable and the results 
accurately evaluated.
    (10) For revocation actions under Sec.  634.9(b) (3) for 
intoxicated driving, the revocation is mandatory on conviction or other 
findings that confirm the charge. (Pleas of nolo contendere are 
considered equivalent to guilty pleas).
    (i) Revocations are effective as of the date of conviction or other 
findings that confirm the charges. Test refusal revocations will be in 
addition to any other revocation incurred during a hearing. Hearing 
authority will determine if revocations for multiple offenses will run 
consecutively or concurrently taking into consideration if offenses 
occurred on same occasion or different times, dates. The exception is 
that test refusal will be one year automatic revocation in addition to 
any other suspension.
    (ii) The notice that revocation is automatic may be placed in the 
suspension letter. If it does not appear in the suspension letter, a 
separate letter must be sent and revocation is not effective until 
receipt of the written notice.
    (iii) Revocations cancel any full or restricted driving privileges 
that may have been restored during suspension and the resolution of the 
charges. Requests for restoration of full driving privileges are not 
authorized.
    (11) The Army Vehicle Registration System will be utilized to 
maintain infractions by individuals on Army installations.


Sec.  634.12  Army administrative actions against intoxicated drivers.

    Army commanders will take appropriate action against intoxicated 
drivers. These actions may include the following:
    (a) A written reprimand, administrative in nature, will be issued 
to active duty Soldiers in the cases described in this paragraph (a). 
Any general officer, and any officer frocked to the grade of brigadier 
general, may issue this reprimand. Filing of the reprimand will be in 
accordance with the provisions of AR 600-37.
    (1) Conviction by courts-martial or civilian court or imposition of 
nonjudicial punishment for an offense of drunk or impaired driving 
either on or off the installation.
    (2) Refusal to take or failure to complete a lawfully requested 
test to measure alcohol or drug content of the blood, breath, or urine, 
either on or off the installation, when there is reasonable belief of 
driving under the influence of alcohol or drugs.
    (3) Driving or being in physical control of a motor vehicle on post 
when the blood alcohol content is 0.08 percent or higher, irrespective 
of other charges, or off post when the blood alcohol content is in 
violation of the law of the State involved.

[[Page 18975]]

    (4) Driving, or being in physical control of a motor vehicle, 
either on or off the installation, when lawfully conducted chemical 
tests reflect the presence of illegal drugs.
    (b) Review by the commander of the service records of active duty 
soldiers apprehended for offenses described in paragraph (a) of this 
section to determine if the following action(s) should be taken--
    (1) Administrative reduction per AR 600-8-19, or
    (2) Bar to reenlistment per AR 601-280, or
    (3) Administrative separation per AR 635-200.


Sec.  634.13  Alcohol and drug abuse programs.

    (a) Commanders will refer military personnel suspected of drug or 
alcohol abuse for evaluation in the following circumstances:
    (1) Behavior indicative of alcohol or drug abuse.
    (2) Continued inability to drive a motor vehicle safely because of 
alcohol or drug abuse.
    (b) The commander will ensure military personnel are referred to 
the installation alcohol and drug abuse program or other comparable 
facilities when they are convicted of, or receive an official 
administrative action for, any offense involving driving under the 
influence. A first offender may be referred to treatment if evidence of 
substance abuse exists in addition to the offense of intoxicated 
driving. The provisions of this paragraph do not limit the commander's 
prerogatives concerning other actions that may be taken against an 
offender under separate Service/Agency polices (Army, see AR 600-85. 
Marine Corps, see MCO P1700.24B).
    (c) Active duty Army personnel apprehended for drunk driving, on or 
off the installation, will be referred to the local Army Substance 
Abuse Program (ASAP) for evaluation within 14 calendar days to 
determine if the person is dependent on alcohol or other drugs which 
will result in enrollment in treatment in accordance with AR 600-85. A 
copy of all reports on military personnel and DOD civilian employees 
apprehended for intoxicated driving will be forwarded to the 
installation alcohol and drug abuse facility.
    (d) Active duty Navy personnel apprehended for drunk driving on or 
off the installation will be screened by the respective SARP facility 
within 14 calendar days to determine if the individual is dependent on 
alcohol or other drugs. Active duty Marines apprehended for intoxicated 
driving, on or off the installation, will be referred to interview by a 
Level II substance abuse counselor within 14 calendar days for 
evaluation and determination of the appropriate level of treatment 
required. Subsequent to this evaluation, the Marine will be assigned to 
the appropriate treatment programs as prescribed by MCO P1700.24B.
    (e) The Services/Agencies may develop preventive treatment and 
rehabilitative programs for civilian employees with alcohol-related 
problems.
    (f) Army supervisors of civilian employees apprehended for 
intoxicated driving will advise employees of ASAP services available. 
Civilian employees apprehended for intoxicated driving while on duty 
will be referred to the ASAP or comparable facility for evaluation in 
accordance with AR 600-85. Army commanders will ensure that sponsors 
encourage family members apprehended for drunk driving seek ASAP 
evaluation and assistance.
    (g) Navy and DLA civilian personnel charged with intoxicated 
driving will be referred to the Civilian Employee Assistance Program in 
accordance with 5 CFR Part 792. Such referral does not exempt the 
employee from appropriate administrative or disciplinary actions under 
civilian personnel regulations.
    (h) Marine Corps civilian employees charged with intoxicated 
driving, on or off the installation, will be referred to the Employee 
Assistance Program as prescribed by MCO P1700.24B. Marine family 
members charged with intoxicated driving, on or off the installation, 
will be provided assistance as addressed in MCO P1700.24B. Such 
referral and assistance does not exempt the individual from appropriate 
administrative or disciplinary action under current civilian personnel 
regulations or State laws.
    (i) For the Army, DLA, and the Marine Corps, installation driving 
privileges of any person who refuses to submit to, or fails to 
complete, chemical testing for blood-alcohol content when apprehended 
for intoxicated driving, or convicted of intoxicated driving, will not 
be reinstated unless the person successfully completes either an 
alcohol education or treatment program sponsored by the installation, 
state, county, or municipality, or other program evaluated as 
acceptable by the installation commander.
    (j) Active duty Air Force personnel apprehended for drunk driving, 
on or off the installation, will be referred by their respective chain 
of command to the Air Force Substance Abuse office for evaluation in 
accordance with AFI 44-121/Alcohol Drug Abuse & Treatment Program, and 
local policies within seven days.
    (k) Local installation commanders will determine if active duty Air 
Force personnel involved in any alcohol incident will immediately be 
subjected to a urinalysis for drug content. If consent is not given for 
the test, a command-directed test will be administered in accordance 
with local policies.


Sec.  634.14  Restoration of driving privileges upon acquittal of 
intoxicated driving.

    The suspension of driving privileges for military and civilian 
personnel shall be restored if a final disposition indicates a finding 
of not guilty, charges are dismissed or reduced to an offense not 
amounting to intoxicated driving, or where an equivalent determination 
is made in a nonjudicial proceeding. The following are exceptions to 
the rule in which suspensions will continue to be enforced.
    (a) The preliminary suspension was based on refusal to take a BAC 
test.
    (b) The preliminary suspension resulted from a valid BAC test, 
(unless disposition of the charges was based on invalidity of the BAC 
test). In the case of a valid BAC test, the suspension will continue, 
pending completion of a hearing as specified in Sec.  634.11. In such 
instances, the individual will be notified in writing that the 
suspension will continue and of the opportunity to request a hearing 
within 14 calendar days.
    (1) At the hearing, the arrest report, the commander's report of 
official disposition, information presented by the individual, and such 
other information as the hearing officer may deem appropriate will be 
considered.
    (2) If the hearing officer determines by a preponderance of 
evidence that the individual was engaged in intoxicated driving, the 
revocation will be for 1 year from the date of the original preliminary 
suspension.
    (c) The person was driving or in physical control of a motor 
vehicle while under a preliminary suspension or revocation.
    (d) An administrative determination has been made by the state or 
host nation licensing authority to suspend or revoke driving 
privileges.
    (e) The individual has failed to complete a formally directed 
substance abuse or driver's training program.


Sec.  634.15  Restricted driving privileges or probation.

    (a) For the Navy, Air Force, Marine Corps, and DLA, the 
installation commander, or his or her designee may modify a suspension 
or revocation of

[[Page 18976]]

driving privileges in certain cases per paragraph (d) of this section.
    (b) Army requests for restricted driving privileges subsequent to 
suspension or revocation of installation driving privileges will be 
referred to the installation commander or designee, except for 
intoxicated driving cases, which must be referred to the General Court 
Martial Convening Authority. Withdrawal of restricted driving 
privileges is within the installation commander's discretion.
    (c) Probation or restricted driving privileges will not be granted 
to any person whose driver license or right to operate motor vehicles 
is under suspension or revocation by a state, Federal, or host nation 
licensing authority. Prior to application for probation or restricted 
driving privileges, a state, Federal, or host nation driver's license 
or right to operate motor vehicles must be reinstated. The burden of 
proof for reinstatement of driving privileges lies with the person 
applying for probation or restricted driving privileges. Revocations 
for test refusals shall remain.
    (d) The installation commander or designee may grant restricted 
driving privileges or probation on a case-by-case basis provided the 
person's state or host nation driver's license or right to operate 
motor vehicles remains valid to accommodate any of the following 
reasons:
    (1) Mission requirements.
    (2) Unusual personal or family hardships.
    (3) Delays exceeding 90 days, not attributed to the person 
concerned, in the formal disposition of an apprehension or charges that 
are the basis for any type of suspension or revocation.
    (4) When there is no reasonably available alternate means of 
transportation to officially assigned duties. In this instance, a 
limited exception can be granted for the sole purpose of driving 
directly to and from the place of duty.
    (e) The terms and limitations on a restricted driving privilege 
(for example, authorization to drive to and from place of employment or 
duty, or selected installation facilities such as hospital, commissary, 
and or other facilities) will be specified in writing and provided to 
the individual concerned. Persons found in violation of the restricted 
privilege are subject to revocation action as prescribed in Sec.  
634.9.
    (f) The conditions and terms of probation will be specified in 
writing and provided to the individual concerned. The original 
suspension or revocation term in its entirety may be activated to 
commence from the date of the violation of probation. In addition, 
separate action may be initiated based on the commission of any 
traffic, criminal, or military offense that constitutes a probation 
violation.
    (g) DOD employees and contractors, who can demonstrate that 
suspension or revocation of installation driving privileges would 
constructively remove them from employment, may be given a limiting 
suspension/revocation that restricts driving on the installation or 
activity (or in the overseas command) to the most direct route to and 
from their respective work sites (5 U.S.C. 2302(b) (10)). This is not 
to be construed as limiting the commander from suspension or revocation 
of on-duty driving privileges or seizure of OF 346, even if this action 
would constructively remove a person from employment in those instances 
in which the person's duty requires driving from place to place on the 
installation.


Sec.  634.16  Reciprocal State-Military action.

    (a) Commanders will recognize the interests of the states in 
matters of POV administration and driver licensing. Statutory authority 
may exist within some states or host nations for reciprocal suspension 
and revocation of driving privileges. See Subpart D of this part for 
additional information on exchanging and obtaining information with 
civilian law enforcement agencies concerning infractions by Armed 
Service personnel off post. Installation commanders will honor the 
reciprocal authority and direct the installation law enforcement 
officer to pursue reciprocity with state or host nation licensing 
authorities. Upon receipt of written or other official law enforcement 
communication relative to the suspension/revocation of driving 
privileges, the receiving installation will terminate driving 
privileges as if violations occurred within its own jurisdiction.
    (b) When imposing a suspension or revocation for an off-
installation offense, the effective date should be the same as civil 
disposition, or the date that state or host-nation driving privileges 
are suspended or revoked. This effective date can be retroactive.
    (c) If statutory authority does not exist within the state or host 
nation for formal military reciprocity, the procedures below will be 
adopted:
    (1) Commanders will recognize official documentation of 
suspensions/revocations imposed by state or host nation authorities. 
Administrative actions (suspension/revocations, or if recognized, point 
assessment) for moving traffic violations off the installation should 
not be less than required for similar offenses on the installation. 
When notified by state or host nation authorities of a suspension or 
revocation, the person's OF 346 may also be suspended.
    (2) In CONUS, the host and issuing state licensing authority will 
be notified as soon as practical when a person's installation driving 
privileges are suspended or revoked for any period, and immediately for 
refusal to submit to a lawful BAC test. The notification will be sent 
to the appropriate state DMV(s) per reciprocal agreements. In the 
absence of electronic communication technology, the appropriate state 
DMV(s) will be notified by official certified mail. The notification 
will include the basis for the suspension/revocation and the BAC level 
if applicable.
    (d) OCONUS installation commanders must follow provisions of the 
applicable Status of Forces Agreement (SOFA), the law of the host 
nation concerning reciprocal suspension and revocation, and other 
international agreements. To the extent an agreement concerning 
reciprocity may be permitted at a particular overseas installation, the 
commander must have prior authorization to negotiate and conclude such 
an international agreement in accordance with applicable international 
agreements, DODD 5530.3, International Agreements, June 87, and other 
individual Service instructions.


Sec.  634.17  Extensions of suspensions and revocations.

    (a) Driving in violation of a suspension or revocation imposed 
under this part will result in the original period of suspension or 
revocation being increased by 2 years. In addition, administrative 
action may be initiated based on the commission of any traffic, 
criminal, or military offenses, for example, active duty military 
personnel driving on the installation in violation of a lawful order.
    (b) For each subsequent determination within a 5-year period that 
revocation is authorized under Sec.  634.9, military personnel, DOD 
civilians, contractors and NAF employees will be prohibited from 
obtaining or using an OF 346 for 6 months for each such incident. A 
determination whether DOD civilian personnel should be prohibited from 
obtaining or using an OF 346 will be made in accordance with the laws 
and regulations applicable to civilian personnel. This does not 
preclude a commander from imposing such prohibition for a first 
offense, or for a longer period of time for a first or

[[Page 18977]]

subsequent offense, or for such other reasons as may be authorized.
    (c) Commanders may extend a suspension or revocation of driving 
privileges on personnel until completion of an approved remedial driver 
training course or alcohol or drug counseling programs after proof is 
provided.
    (d) Commanders may extend a suspension or revocation of driving 
privileges on civilian personnel convicted of intoxicated driving on 
the installation until successful completion of a state or installation 
approved alcohol or drug rehabilitation program.
    (e) For Navy personnel for good cause, the appropriate authority 
may withdraw the restricted driving privilege and continue the 
suspension or revocation period (for example, driver at fault in the 
traffic accident, or driver cited for a moving violation.


Sec.  634.18  Reinstatement of driving privileges.

    Reinstatement of driving privileges shall be automatic, provided 
all revocations applicable have expired, proper proof of completion of 
remedial driving course and/or substance abuse counseling has been 
provided, and reinstatement requirements of individual's home state 
and/or state the individual may have been suspended in, have been met.

Subpart C--Motor Vehicle Registration


Sec.  634.19  Registration policy.

    (a) Motor vehicles will be registered according to guidance in this 
Part and in policies of each Service and DLA. A person who lives or 
works on an Army, DLA, Air Force, Navy, or Marine Corps installation, 
or Army National Guard of the U.S. (ARNGUS) facility, or often uses the 
facilities is required to register his or her vehicle. Also, 
individuals who access the installation for regular activities such as 
use of medical facilities and regular recurring activities on the 
installation should register their vehicles according to a standard 
operating procedure established by the installation commander. The 
person need not own the vehicle to register it, but must have a lease 
agreement, power of attorney, or notarized statement from the owner of 
the vehicle specifying the inclusive dates for which permission to use 
the vehicle has been granted.
    (b) Vehicles intended for construction and material handling, or 
used solely off the road, are usually not registered as motor vehicles. 
Installation commanders may require registration of off-road vehicles 
and bicycles under a separate local system.
    (c) Commanders can grant limited temporary registration for up to 
30 days, pending permanent registration, or in other circumstances for 
longer terms.
    (d) Except for reasons of security, all installations and 
activities of the Services and DLA within the United States and its 
territories with a vehicle registration system will use and honor the 
DD Form 2220, (Department of Defense Registration Decal). Registration 
in overseas commands may be modified in accordance with international 
agreements or military necessity.
    (e) Army Installation commanders will establish local visitor 
identification for individuals who will be on installation for less 
than 30 days. The local policy will provide for use of temporary passes 
that establish a start and end date for which the pass is valid. Army 
installation commanders must refer to AR 190-16 Chapter 2 for guidance 
concerning installation access control. (Air Force, see AFI 31-204). 
Other Armed Services and DLA may develop and issue visitor passes 
locally.
    (f) The conditions in Sec.  634.20 must be met to operate a POV on 
an Army and DLA Installation. Other Armed Services that do not require 
registration will enforce Sec.  634.20 through traffic enforcement 
actions. Additionally, failure to comply with Sec.  634.20 may result 
in administrative suspension or revocation of driving privileges.


Sec.  634.20  Privately owned vehicle operation requirements.

    Personnel seeking to register their POVs on military installations 
within the United States or its territories and in overseas areas will 
comply with the following requirements. (Registration in overseas 
commands may be modified in accordance with international agreements or 
military necessity.)
    (a) Possess a valid state, overseas command, host nation or 
international drivers license (within appropriate classification), 
supported by DD Form 2, or other appropriate identification for DOD 
civilians, contractors and retirees. DA Form 1602, Civilian 
Identification Card, is limited for identification on Army 
installations only.
    (b) Possess a certificate of state registration as required by the 
state in which the vehicle is registered.
    (c) Comply with the minimum requirements of the automobile 
insurance laws or regulations of the state or host nation. In overseas 
commands where host nation laws do not require minimum personal injury 
and property damage liability insurance, the major overseas commander 
will set reasonable liability insurance requirements for registration 
and/or operation of POVs within the confines of military installations 
and areas where the commander exercises jurisdiction. Prior to 
implementation, insurance requirements in host states or nations should 
be formally coordinated with the appropriate host agency.
    (d) Satisfactorily complete a safety and mechanical vehicle 
inspection by the state or jurisdiction in which the vehicle is 
licensed. If neither state nor local jurisdiction requires a periodic 
safety inspection, installation commanders may require and conduct an 
annual POV safety inspection; however, inspection facilities must be 
reasonably accessible to those requiring use. Inspections will meet 
minimum standards established by the National Highway Traffic Safety 
Administration (NHTSA) in 49 CFR 570.1 through 570.10. Lights, turn 
signals, brake lights, horn, wipers, and pollution control devices and 
standards in areas where applicable, should be included in the 
inspection. Vehicles modified from factory standards and determined 
unsafe may be denied access and registration.
    (e) Possess current proof of compliance with local vehicle emission 
inspection if required by the state, and maintenance requirements.
    (f) Vehicles with elevated front or rear ends that have been 
modified in a mechanically unsafe manner are unsafe and will be denied 
registration. 49 CFR 570.8 states that springs shall not be extended 
above the vehicle manufacturer's design height.


Sec.  634.21  Department of Defense Form 2220.

    (a) Use. DD Form 2220 will be used to identify registered POVs on 
Army, Navy, Air Force, Marine Corps, and DLA installations or 
facilities. The form is produced in single copy for conspicuous 
placement on the front of the vehicle only (windshield or bumper). If 
allowed by state laws, the decal is placed in the center by the rear 
view mirror or the lower portion of the driver's side windshield. The 
requirement to affix the DD Form 2220 to the front windshield or bumper 
of registered vehicles is waived for General Officers and Flag Officers 
of all Armed Services, Armed Service Secretaries, Political Appointees, 
Members of Congress, and the Diplomatic Corps.
    (1) Each Service and DLA will procure its own forms and 
installation and expiration tabs. For the Army, the basic decal will be 
ordered through publications channels and remain on the vehicle until 
the registered owner disposes of the vehicle, separates from active 
duty or other conditions specified

[[Page 18978]]

in paragraph (a)(2) of this section. Air Force, DLA, and Army retirees 
may retain DD Form 2220. Army retirees are required to follow the same 
registration and VRS procedures as active duty personnel. Upon 
termination of affiliation with the service, the registered owner or 
authorized operator is responsible for removing the DD Form 2220 from 
the vehicle and surrender of the decal to the issuing office. Army 
installation commanders are responsible for the costs of procuring 
decals with the name of their installation and related expiration tabs. 
Air Force installations will use the installation tag (4'' by \1/2\'') 
to identify the Air Force Installation where the vehicle is registered. 
Air Force personnel may retain the DD Form 2220 upon reassignment, 
retirement, or separation provided the individual is still eligible for 
continued registration, the registration is updated in SFMIS, and the 
installation tab is changed accordingly. Position the decal directly 
under the DD Form 2220.
    (2) For other Armed Services and DLA, DD Form 2220 and installation 
and expiration tabs will be remove