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Inclimate weather citations!!!


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  • Inclimate weather citations!!!

    I am just curious. Our agency has a policy that requires us to issue citations to the at fault driver in all crashes. We do have some discretion in this policy and can decide not to issue a citation as long as we can justify the reason. We have to fill out a failure to issue form articulating why we did not issue the citation. I know that most of us do not issue citations in inclimate weather/bad road condition accident's.

    As we got several inches of snow this weekend driving was very hazardous. I responded to a crash only to see a trooper buddy of mine already there. I sat and talked to him as he completed the report and issued the driver a citation. This made me curious. Do troopers and or other Ohio leo's issue citations in all crashes or do they use discretion? So, how about it anybody care to share?

    As a matter of course I do not usually cite in these types of crashes. However, if I get some compelling responses I might start.

  • #2
    I am retired but when I was active I issued citations on all single vehicle crashes


    • #3
      I'm retired as well, but I remember the day when the investigating officer could choose not to cite. It all depended on the circumstances. But, since Columbus is the insurance capital of the US, a deputy chief made the command decision that a cite will be issued in all traffic accidents. We use to call ourselves, 'mobile insurance investigators'. In fact, that lead to taking report after report for any offense. It's just my opinion, but it seems a cops "investigative" skills have been deminished to some degree. Nowadays, you take the report and move onto the next. Make the complainant happy, even if it appears suspicious.
      The views/opinions expressed here are solely mine. I'm retired and I don't care. I truly do not want to offend anyone, but if you are thin skinned and have no sense of humor, you better find another line of work. Therefore, I don't have to be politically correct and I will exercise my freedom of speech, until it's taken away. May God bless all retirees. We've done our duty and earned our peace.


      • #4
        My department's policy is to always cite whenever we can determine fault in a crash investigation.

        We can usually get away with a LITTLE BIT of discretion on single car crashes, especially when the weather is bad. But if someone caused damage to any other property besides their own car then we HAVE to give them a citation.


        • #5
          a trooper's investigative skills have not diminished in fact they have enhanced. The crash report is devised to provide all sorts of info not only for the insurance company but for the Dept of Highway Safety and transportation.


          • #6
            No policy for us, officer discretion. Recent Level III snow advisory, anyone I came into contact with got a coupon.... driving on closed roadway. WHY ARE YOU OUT IN THIS???
            Most crashes in bad weather get coupons.... learn to drive....


            • #7
              We are also required to cite in all crashes unless we have a good reason not to. I cite in bad weather conditions because I see how these idiots drive in inclimate weather, so I figure they earn the citation.


              • #8
                Our Sheriff has a policy forbidding us from citing drivers in one vehicle crashes during snow events. (absent absolute disregard of safety)


                • #9
                  This may be somewhat late for this year, however in about seven months...this will [unfortunately] be starting over again.

                  A little known Federal Motor Carrier Regulation; §392.14 Hazardous Conditions; Extreme Caution, requires a commercial motor vehicle to cease driving when conditions are so severe, that traction [stopping or driving] will not permit the operator to have complete control of his/her vehicle.

                  The Class-C driver is not required to cease operation in hazardous weather, thus when the lady...taking her kids to school in her mini-van, looses control and slides into the gardrail, is acceptable due to the icy/slippery roadway. However, if the roadway does not permit traction to stop a commercial vehicle in the ACD, then the operator said vehicle is in violation of FMCR #392.14, and can be cited. This is especially true if the commercial vehicle would come into contact with the "spinning out of control lady taking her kids to school"...as the commercial vehicle should not have been there in the first place, per FMCR #392.14.

                  Here is the actual reg from FMCR:
                  §392.14 Hazardous conditions; extreme caution.

                  Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. Speed shall be reduced when such conditions exist. If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated. Whenever compliance with the foregoing provisions of this rule increases hazard to passengers, the commercial motor vehicle may be operated to the nearest point at which the safety of passengers is assured.

                  [33 FR 19732, Dec. 25, 1968, as amended at 60 FR 38747, July 28, 1995].
                  Last edited by Motor122; 04-17-2008, 01:58 PM.
                  served USAF/SAC - Atlas ICBM Communications - 1959-1963


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