KNOXVILLE POLICE DEPARTMENT KNOXVILLE, TENNESSEE General Order No. 3.2 Subject: Vehicle Collision Review Procedures Title: Procedures for the Reporting and Review of Police Vehicle Collisions Cross Reference: Code of Conduct Effective Date: May 12, 1997 Pages: 5 Revised Date: January 2, 2017 Distribution: All Members Chief of Police Approval: signed by David Rausch David Rausch Digitally Date: 2017.01.19 16:41:45 -05'00' Purpose The purpose of this directive is to formulate uniform guidelines and procedures for the reporting and review of police vehicle collisions. This general order consists of the following sections: I. II. III. IV. Definitions Vehicle Collisions and Damage to Vehicles Post-Accident Testing Review of Vehicle Damage 1 I. Definitions A. City fleet - All vehicles and/or equipment owned or leased by the city. B. Fleet Services- The Department of Fleet Services is charged with the direction of the acquisition, maintenance, repair, and use of the city's motor vehicle fleet. C. Responsibility of Department Directors/Heads - Directors and department heads are responsible for identification and justification of vehicle and equipment needs and for specific assignments and proper usage within their departments. D. Significant Accident – An accident where any of the following apply: E. II. 1. Personal injury to the driver, passenger, persons in the other vehicle involved, or a pedestrian, for which medical treatment was promptly obtained at a medical facility, or 2. One or more vehicles incurs disabling damage as the result of the occurrence or is transported away from the scene of the accident by a tow truck or other vehicle, or 3. When an individual dies. Safety Sensitive Employee – A position in which a drug or alcohol impairment constitutes an immediate and direct threat to public health or safety, such as a position that requires the employee to carry a firearm, perform life-threatening procedures, work with confidential information or documents pertaining to criminal investigations or work with controlled substances; or a position in which a momentary lapse in attention could result in injury or death to another person. Vehicle Collisions and Damage to City Vehicles All collisions involving damage to city owned vehicles are to be reported immediately regardless of the severity. It is the responsibility of the employee in the event of a collision to: A. Stop the vehicle, call an ambulance if necessary, and notify the on-duty supervisor 2 B. If the collision involves a police vehicle within the city limits of Knoxville, the on-duty supervisor shall respond, investigate, and complete the crash report. The on-duty supervisor may request assistance from the Crash Reconstruction Team if the crash involves serious injury, death or other circumstances outlined in the crash Reconstruction S.O.P. If the police vehicle has an in-car recording system the supervisor will immediately retrieve the in-car video for use in the investigation and review of the collision. The on-duty supervisor will have a member of Technical Services respond to the scene to retrieve the in-car video for collision resulting in serious injury or death. **The employee’s immediate supervisor shall be responsible for ensuring the completion of all City of Knoxville forms, documents, and other requirements (City of Knoxville Incident Form) if applicable. C. If the collision involving a city police vehicle occurs outside the city limits of Knoxville, the employee will notify the law enforcement agency having jurisdiction for an investigation to be completed. If the collision occurs within Knox County, the E-911 Center will notify a police department supervisor who will respond to the scene to act as a liaison with the Sheriff’s Office investigator. If the police vehicle has an in-car recording system the supervisor will ensure that a copy of the in-car video is made available to the investigator having jurisdiction. D. The driver of the city-owned vehicle shall give their driver's license information to the other party. Information concerning insurance/claims should be directed to the Office of Risk Management Division of the City of Knoxville, P.O. Box 1631, Knoxville, TN 37901, 215-2111. E. If a city vehicle is damaged or disabled as the result of a collision, the Office of Fleet Services or KPD Fleet Liaison is to be notified. Should the collision occur at night or on a weekend, the supervisor will leave a message for Fleet Services advising them of the collision. The E-911 Center will notify the appropriate wrecker to be used for the city vehicle. F. The driver of the city vehicle shall report any collision, property damage, or injuries to their immediate supervisor and must submit the CITY OF KNOXVILLE INCIDENT REPORT within 24 hours. G. Supervisors shall be responsible for notifying their department head and Risk Management of the collision within one day. Failure to report a collision or damage and failure to submit the proper forms will result in disciplinary action. The supervisor must complete Part II on the Incident Report. 3 III. H. The responding supervisor shall ensure compliance with the employee post-accident drug and alcohol testing as found in the City of Knoxville’s Tennessee Drug-Free Workplace Policy and the City of Knoxville Administrative Rule 10.07 Vehicle Accidents and Damage to City Vehicles. I. Employees shall not make any statement promising or suggesting that the City will accept responsibility or pay for injuries or damages, or pay for rental vehicles, etc. to other parties involved in a crash with a City owned vehicle. Post-Accident Testing A. Drug testing is required of safety sensitive employees involved in a significant vehicle or mobile equipment accident. All safety sensitive employees operating City vehicles or equipment will receive post-accident drug and alcohol testing if involved in a significant accident, as defined herein. All safety-sensitive employees within or on any involved vehicle or equipment or otherwise involved in the circumstances giving cause to the accident will be tested for drugs and/or alcohol. B. If a safety sensitive employee is involved in a significant accident as defined in Section I of this policy, the responding supervisor will: 1. Notify the Designated Employer Representative (DER) at 215-2630 (office) or 363-0025 (mobile). If unable to reach the DER, contact the alternative DER at 215-2095. If both the DER and the alternative DER is unable be reached, contact the Fire Department Shift Commander at 523-6903, or 523-7689, or 523-7666. State that the shift commander is needed for a drug and alcohol issue. 2. During normal business hours notify the Center at 215-6150 for testing. 3. If testing is to be done at an emergency room or after normal business hours, the supervisor will contact the Tennessee Drug & Alcohol Center collector at 323-1200 (Emergency: 740-7747) and provide the City employee’s name being tested, the supervisors name and phone number, the type of test (post-vehicle accident), and where the tests is to be conducted. 4. If a required alcohol test is not administered within 2 hours following an accident involving a death, the supervisor shall prepare a record stating the reason the test was not promptly 4 administered and provide it to the DER. If the alcohol test is not administered within 8 hours following the accident, the alcohol test will not be conducted and the supervisor will complete a record stating the reasons no tests was performed and forward it to the DER. 5. III. If a required drug test is not completed within 32 hours following an accident or injury, the drug test will not be conducted and the DER will document the reasons it was not performed. Review of Vehicle Damage The Traffic Services Coordinator reviews vehicular collisions involving police department employees and equipment, who then will determine if the employee’s safe driving day is lost or not. A. After review by the Traffic Coordinator, the employee’s Division Commander, or designee, shall make a recommendation to the Chief of Police of any disciplinary action or preventive measures that may be justified and appropriate. B. Employees shall have the right to follow prescribed grievance or disciplinary appeals in accordance with provisions of the Civil Service Merit Board's Rules and Regulations. C. In addition to any disciplinary action which may be taken for violation of City of Knoxville Administrative Rules and/or departmental directives, employees' supervisors upon review of evidence and investigation may take any of the following actions for collisions that are clearly preventable. These actions are not for punitive measure, but to reduce risk of potential harm until such time as the Division Commander may determine the degree in which an officer is at fault. 1. Removal of drive home privileges 2. Remedial drivers training 3. Counseling and plan-of-improvements 4. Physical/psychological examination 5