Chicago Police DepartmentSpecial Order S04-07-03
Traffic Crashes Involving Department Members
Issue Date:28 March 2016Effective Date:28 March 2016
Rescinds:22 March 2013 Version
Index Category:Preliminary Investigations
I.Purpose
This directive:
  • A.outlines the classifications of vehicle crashes.
  • B.continues the procedures for investigating:
    • 1.traffic crashes involving Department vehicles that occur:
      • a.in the City of Chicago:
        • (1)upon roadways other than limited access interstate expressways; and
        • (2)upon a limited access interstate expressway.
      • b.outside the City of Chicago.
    • 2.traffic crashes involving members operating private vehicles.
  • C.outlines the supervisory actions for the different levels of management review.
  • D.outlines disciplinary procedures when a crash involving a Department vehicle is determined preventable.
II.General Information
  • A.Traffic crashes will be reviewed in accordance with the Department directive entitled "Traffic Crash/Pursuit Review."
  • B.When a member discovers previously unreported damage on a Department vehicle, and the exact cause for the damage is undeterminable, the procedures outlined in the Department directive entitled "Department Vehicles" will be followed.
  • C.Executive Officers assigned to District Law Enforcement will monitor, analyze, and develop strategies to manage Department vehicle crashes.
III.Vehicle Crash Classifications
Vehicle crash classifications - vehicle crashes will be evaluated based upon the following criteria:
  • A.Classification 1 (Non-Preventable)
    • 1.Classification 1 applies when a member was aware of an impending hazard and took reasonable precautions to prevent or minimize the effect of the crash; or the member's vehicle was legally parked, standing, or stopped.
    • 2.This classification carries no penalty.
  • B.Classification 2 (Preventable)
    • 1.Classification 2 applies when a member:
      • a.failed to exercise reasonable care; or
      • b.deviated from safe driving practices.
    • 2.A Classification 2 crash will require a Summary Punishment Action Request. The penalty guidelines outlined in the Department directive entitled "Summary Punishment" will be followed.
  • C.Classification 3 (Preventable)
    • 1.Classification 3 applies when a member has operated a Department vehicle in a manner which displayed a disregard for personal safety or the safety of others.
    • 2.A Classification 3 crash will require a CR investigation and the procedures outlined in the Department directive entitled "Complaint and Disciplinary Procedures" will be followed.
IV.Procedures for Investigating Traffic Crashes Involving Department Vehicles (Including Those Rented, Leased, or Loaned)
  • A.The procedures listed below will be followed for traffic crashes that occur in the City of Chicago upon roadways other than limited access interstate expressways.
    • 1.The member operating the vehicle involved in the crash will immediately request OEMC to assign a field unit to investigate.
    • 2.A member who is of higher rank than the operator of the Department vehicle involved in the crash will be assigned from the district of occurrence as the investigating supervisor. If an exempt member is involved in the crash as a driver of the Department vehicle, the field supervisor of the district of occurrence will be assigned to the scene. If circumstances warrant, the field supervisor may request that the appropriate exempt member also be assigned to the scene.
    • 3.The investigating member will:
      • a.complete an original and one copy of each of the following:
        • (1)Type "B" Illinois Traffic Crash Report (CPD - 22.110) (both sides including diagram).
        • (2)"Driver's Traffic Crash Statement" (CPD-22.111) (not required for driver of Department vehicle), if applicable.
          NOTE:
          If an off-duty Department member strikes a CPD vehicle and the crash involves personal injury, a Driver's Traffic Crash Statement (CPD-22.111) will be completed by the off-duty Department member in the member's own handwriting, if able.
        • (3)ensure a "Witness Traffic Crash Statement" (CPD-22.112) is completed when a witness is available.
          NOTE:
          To ensure the proper investigation of the traffic crash, Department members will attempt to obtain a complete and accurate statement from the driver and/or witness concerning the incident. Department members will request the driver and/or witness personally sign and complete the "to be completed by the driver and/or witness" section of each form. Only if the driver and/or witness are unable to complete this section, Department members will complete this section using information gathered from the driver and/or witness. If the driver and/or witness refuses to complete this section, Department members will complete this section by indicating "refused."
      • b.forward the original of each report to the Records Processing Section, which will reproduce copies of each report and forward them to the Department Traffic Safety and Training Unit.
      • c.provide a copy of each report to the investigating supervisor, who will:
        • (1)if the driver and/or witness refused to complete the "to be completed by the driver and/or witness" section of the form, verify this refusal by placing his or her signature and star number in this section of the form.
        • (2)attach the reports to the Department Vehicle Traffic Crash or Damage Report prior to submitting them to the involved member's station supervisor/designated unit supervisor.
          NOTE:
          When a Department member is suspected of operating a motor vehicle while under the influence of alcohol and/or drugs, the procedures outlined in the Department directives entitled "Driving While Under the Influence (DUI) and Zero Tolerance" and "Complaint and Disciplinary Procedures" will be followed.
        • (3)prepare the appropriate form when documenting an injury to a Department member.
        • (4)follow the procedures outlined in Item V of this directive, if the member involved alleges that the crash was the result of a mechanical failure.
        • (5)follow the procedures outlined in Item VI and the appropriate level of review in this directive for further responsibilities.
    • 4.The member involved in the traffic crash will:
      • a.complete and submit to the investigating supervisor, before the end of the tour of duty, a Department Vehicle Traffic Crash or Damage Report (CPD-22.951) and, if applicable, ensure the procedures for reporting an injury/illness on duty are followed. If the member is hospitalized or otherwise unable to prepare the Department Vehicle Traffic Crash or Damage Report, the report will be prepared by the investigating supervisor.
      • b.call the Control Board, Department of Fleet and Facility Management (2FM), provide the service writer with all applicable vehicle crash/damage information, and obtain a Control Board number. If the member involved in the traffic crash is unable to make such notification, it will be made by the investigating supervisor.
        NOTE:
        A Control Board number will be required for vehicles rented, loaned, or leased to the Department (e.g. Chicago Transit Authority (CTA), Public Transportation, Aviation Department).
      • c.enter the Control Board number on the Department Vehicle Traffic Crash or Damage Report in the box provided. If the member involved in the traffic crash is unable to do so, it will be entered by the investigating supervisor.
    • 5.The member involved in the traffic crash will not issue a citation to the operator of the other vehicle for a traffic law violation.
    • 6.In all instances when the operator of a Department vehicle involved in a traffic crash has actually observed the operator of the other vehicle commit a violation which caused the crash, the investigating member will be informed and will issue the appropriate citation(s). The name of the member involved in the crash will be printed in the "Name of Witness" box of the Personal Service Citation and the court date will be the investigator's assigned court date. The member involved in the traffic crash will appear on the date and time specified on the citation.
      NOTE:
      Department members will NOT issue a Personal Service Citation or an Administrative Notice of Violation (ANOV) for damage to City of Chicago Property, 8-4-120 MCC.
  • B.The procedures listed below will be followed for traffic crashes that occur in the City of Chicago upon a limited access interstate expressway.
    • 1.The member operating the vehicle involved in the traffic crash will immediately request OEMC to:
      • a.notify the Illinois State Police (ISP) to assign a unit for investigation of the crash.
      • b.assign a Department member of higher rank than that of the operator of the police vehicle involved in the crash from the district of occurrence as the investigating supervisor. If an exempt member is involved in the crash as the operator of the Department vehicle, the field supervisor of the district of occurrence will be assigned as the investigating supervisor. If circumstances warrant, the field supervisor may request that the appropriate exempt member also be assigned to the scene.
        NOTE:
        A Chicago Police Department RD Number will not be required for Department vehicle traffic crashes occurring on limited access interstate expressways within the City of Chicago.
    • 2.The member involved in the traffic crash will not issue a citation to the operator of the other vehicle for a traffic law violation.
    • 3.In all instances when the operator of a Department vehicle involved in a traffic crash has actually observed the operator of the other vehicle commit a violation which caused the crash, the investigating member will be informed and will issue the appropriate citation(s). The name of the member involved in the crash will be printed in the "Name of Witness" box of the Personal Service Citation and the court date will the investigator's assigned court date. The member involved in the traffic crash will appear on the date and time specified on the citation.
      NOTE:
      Department members will NOT issue a Personal Service Citation or an Administrative Notice of Violation (ANOV) for damage to City of Chicago Property, 8-4-120 MCC.
    • 4.The investigating supervisor will:
      • a.respond to the scene and obtain a copy of each of the following reports prepared by the ISP:
        • (1)Illinois Traffic Crash Report.
        • (2)Driver's Traffic Crash Statement, if taken.
        • (3)Witness Traffic Crash Statement, if taken.
      • b.request that copies of the photographs, if photographs are taken of the crash scene and the vehicles involved, be forwarded by the ISP to the Department's Traffic Section, Administration Unit.
      • c.prepare the appropriate form when documenting an injury to a Department member.
      • d.follow the procedures outlined in Item V of this directive, if the member involved alleges that the crash was the result of a mechanical failure.
      • e.return to the investigating supervisor's district of assignment with the involved member, if not hospitalized, when the investigation is completed by the investigating supervisor at the location. The investigating supervisor will follow the procedures outlined in Item VI and the appropriate level of review of this directive and, in addition, forward the Department Vehicle Traffic Crash or Damage Report formset and the copy of each report received from the ISP to the involved member's station supervisor/designated unit supervisor.
    • 5.If a member of higher rank or the field supervisor (investigating supervisor) has not been assigned to the scene, the involved members, upon return to their unit of assignment, will:
      • a.prepare a Department Vehicle Traffic Crash or Damage Report formset, completing the first section of the report.
      • b.request a supervisor from their unit be assigned as the investigating supervisor.
      • c.request a supervisor be assigned to complete an Injury On Duty Report, if injured.
      • d.make the required notification to the Control Board of 2FM and acquire a Control Board number.
      • e.provide the investigating supervisor with the report(s) obtained from the ISP unit which investigated the crash (refer to Item IV-B-4-a of this directive).
  • C.The procedures listed below will be followed for traffic crashes that occur outside the City of Chicago.
    • 1.The member will contact the local police agency and request the assignment of a unit to investigate the crash and contact the City of Chicago OEMC.
    • 2.The Office of Emergency Management and Communications will:
      • a.if such a crash occurs in any area contiguous to the City of Chicago, contact the district whose geographic border is nearest to the location of the crash and request that a member of higher rank than the operator involved be assigned as the investigating supervisor. If the district is unable to make such assignment, then OEMC will contact the next contiguous district for assignment.
      • b.if the crash scene is in an area which is not contiguous to the City of Chicago, OEMC will not assign a member of higher rank or the field supervisor, as appropriate, to the scene unless such assignment is specifically requested by the local police agency. In such instances, OEMC will contact the district whose geographic border is nearest to the location of the crash.
      • c.if notified that a member is involved in a Department vehicle crash in an area not contiguous to the City of Chicago and the member is seriously injured, OEMC will contact the nearest district for instructions regarding the assignment of an investigating supervisor to the scene. Such assignment will be made from the district whose geographic border is nearest to the location of the crash.
    • 3.The member involved in the traffic crash will not issue a citation to the operator of the other vehicle for a traffic law violation or damage to City property.
    • 4.The member of higher rank (investigating supervisor) or the member involved in the Department vehicle crash which occurred outside the City of Chicago will:
      • a.obtain a copy of the following reports prepared by the local police agency:
        • (1)Illinois Traffic Crash Report.
        • (2)Driver's Traffic Crash Statement, if taken.
        • (3)Witness Traffic Crash Statement, if taken.
      • b.request that copies of the photographs, if photographs are taken of the crash scene and the vehicles involved, be forwarded by the local police agency to the Department's Traffic Safety and Training Unit, Traffic Section.
      • c.prepare the appropriate form when documenting an injury to a Department member.
      • d.follow the procedures outlined in Item V of this directive, if the member involved alleges that the crash was the result of a mechanical failure.
      • e.return to the investigating supervisor's district of assignment with the involved member, if not hospitalized, when the investigation is completed by the investigating supervisor at the location. The investigating supervisor will follow the procedures outlined in Item VI-B for the Traffic Review Board of this directive and in addition, forward the Department Vehicle Traffic Crash or Damage Report formset and the copy of each report received from the local police agency to the involved member's station supervisor/designated unit supervisor.
    • 5.If a member of higher rank or field supervisor (investigating supervisor) has not been assigned to the scene of a Department vehicle crash outside the City of Chicago, the involved members, upon return to their unit of assignment will:
      • a.prepare a Department Vehicle Traffic Crash or Damage Report formset, completing the first section of the report.
      • b.request a supervisor from their unit be assigned as the investigating supervisor.
      • c.request a supervisor be assigned to complete an Injury On Duty Report, if injured.
      • d.make the required notification to the Control Board of the 2FM and acquire a Control Board number.
      • e.provide the investigating supervisor with the report(s) obtained from the local police agency which investigated the crash (refer to Item IV-C-4-A of this directive).
V.Mechanical Failure Allegations
  • A.For all Department vehicle crashes, the investigating supervisor will determine if the member involved in the crash alleges that the crash was the result of a mechanical failure. When a mechanical failure is alleged, the alleged defect will be documented on the Department Vehicle Traffic Crash or Damage Report, and the investigating supervisor will investigate the allegation indicating any observations on the Department Vehicle Traffic Crash or Damage Report and request that the vehicle be towed to the Department of Fleet Management garage where the vehicle is assigned.
  • B.The investigating supervisor will also:
    • 1.prepare a To-From-Subject report to the Commanding Officer, General Support Division, requesting the vehicle be inspected and tested regarding the mechanical failure and submit this report with the Department Vehicle Traffic Crash or Damage Report to the driver's station supervisor/designated unit supervisor for approval.
    • 2.submit an email requesting the vehicle be inspected and tested regarding the mechanical failure to CPDFleetLiaison@chicagopolice.org.
    NOTE:
    Any Vehicle involved in a traffic crash which was allegedly caused by a mechanical defect will not be operated by a Department member without the approval of 2FM.
VI.Management Review of Traffic Crashes
  • A.Traffic Crashes Subject To District Level Review
    • 1.The investigating supervisor from the district of occurrence assigned to the scene will:
      • a.hold members accountable for their driving conduct at all times. A thorough review will be made of each traffic crash involving an on-duty member to determine objectively whether the member exercised reasonable care in operating the Department vehicle or deviated from safe driving practices.
      • b.complete the "Investigating Supervisor" section of the Department Vehicle Traffic Crash or Damage Report including the portion where the crash is deemed "preventable" or "non-preventable." This determination is made solely on the circumstances of the crash and in accordance with the following guidelines:
        • (1)a preventable crash is defined as any crash resulting in property damage only in which the operator of a Department vehicle failed to exercise every reasonable precaution to prevent the crash. This definition applies regardless of what property was damaged, the extent of the damage, or the location of the crash.
        • (2)classification of a crash as preventable is possible even though the member operated the vehicle in a legal manner and there probably would not be any liability to the City for damages to the other property involved.
      • c.notify the member's station supervisor/designated unit supervisor, as appropriate, when the member is from a unit other than the district of occurrence.
      • d.upon completion of the "Investigating Supervisor" section of the Department Vehicle Traffic Crash or Damage Report, immediately fax a copy of the report and a copy of the related Illinois Traffic Crash Report to the  Department of Fleet Management, Bureau of Police Motor Maintenance , noting the date faxed on the report. For Department vehicles, the faxed report must contain the Control Board number.
      • e.forward the Department Vehicle Traffic Crash or Damage Report and photocopies of all reports related to the crash to the member's station supervisor/designated unit supervisor.
    • 2.Where it is alleged that the crash is attributable to a mechanical failure, 2FM will inspect the Department vehicle involved in a crash. A To-From-Subject report indicating the results of this inspection will be attached to a copy of the Department Vehicle Traffic Crash or Damage Report and forwarded to the command staff officer of the member involved in the crash.
    • 3.The station supervisor/designated unit supervisor of the member involved in the traffic crash will complete the "Authorized Approval" section of the Department Vehicle Traffic Crash or Damage Report and will:
      • a.review the report for clarity and completeness, and sign it.
      • b.indicate either a concurrence or non-concurrence with the finding of the investigating supervisor by classifying the crash as preventable or non-preventable.
      • c.submit the four-part Department Vehicle Traffic Crash or Damage Report formset and the photocopies of any other reports to the unit command staff officer. (The "Authorized Approval" section of the "Department Vehicle Traffic Crash or Damage Report" will not be completed when the member involved in the traffic crash is a captain or a command staff member.)
    • 4.Unit commanding officers of exempt rank will:
      • a.review To-From-Subject reports from 2FM in those cases where the involved member alleges a mechanical failure caused the crash.
        NOTE:
        The Department Vehicle Traffic Crash or Damage Report will not be processed until 2FM report has been received.
      • b.complete the "Driver's Commanding Officer of Exempt Rank" portion of the Department Vehicle Traffic Crash or Damage Report, categorizing the crash as preventable or non-preventable.
      • c.categorize the crash as Classification 1, 2, or 3 as defined in Item III of this directive and record the classification on the Department Vehicle Traffic Crash or Damage Report.
      • d.if the crash is determined to be preventable:
        • 1.view the member's preventable traffic crash SPAR history, in accordance with the members bargaining agreement, from the Summary Punishment Action Request System for consideration of the summary punishment penalty, if applicable.
        • 2.determine if the member would benefit from attending the next session of the "Peak Performance Driver Training Program" or, if recommended by the Traffic Review Board, schedule the member in accordance with the directive entitled "Peak Performance Driver Training Program."
        • 3.ensure that summary punishment is initiated according to the Department directive entitled "Summary Punishment" if it is a Classification 2 preventable crash.
        • 4.ensure a Summary Punishment Action Request (SPAR) is presented to the affected member after reviewing the members preventable traffic crash SPAR history in the SPAR application, indicating:
          • (a)the crash was preventable;
          • (b)the classification of the crash as defined in Item III of this directive;
          • (c)the outside vehicle number of the involved vehicle, the RD number, and date of the crash;
          • (d)the recommended penalty.
        • 5.ensure the SPAR form, if applicable, is processed according to current Department directives, attaching a copy of the Department Vehicle Traffic Crash or Damage Report.
        • 6.initiate a Complaint Register (CR) Investigation in accordance with the Department directive entitled "Complaint and Disciplinary Procedures" if the crash is a Classification 3-Preventable. A copy of the Department Vehicle Traffic Crash or Damage Report will be attached to the CR initiation report.
      • e.forward the original Department Vehicle Traffic Crash or Damage Report and a copy of all related reports to the next exempt member in the member's chain of command.
    • 5.Second Level Exempt Review
      The next level exempt member in the involved member's chain of command will:
      • a.complete the "Second Level Exempt Review" section of the Department Vehicle Traffic Crash or Damage Report and either approve or disapprove the findings and/or recommendation.
      • b.sign the report upon concurrence with the findings and/or recommendations.
      • c.if there is a non-concurrence, return the report to the driver's exempt member for further investigation along with a To-From-Subject report containing the reasons for non-concurrence.
      • d.forward the completed Department Vehicle Traffic Crash or Damage Report to the Department Traffic Administration Unit and, if applicable, a copy of the SPAR form, the Department of Fleet Management report and non-concurrence report.
  • B.Traffic Crashes Subject To The Traffic Review Board
    • 1.The investigating supervisor from the district of occurrence assigned to the scene will:
      • a.hold members accountable for their driving conduct at all times. A thorough review will be made of each traffic crash in which an on-duty member is involved to determine objectively whether the member exercised reasonable care in operating the Department vehicle or deviated from safe driving practices.
      • b.complete the "Investigating Supervisor" section of the Department Vehicle Traffic Crash or Damage Report; however, the investigating supervisor will not make a determination as to whether the crash was preventable or non-preventable but will write "N/A" in the section classifying the crash as preventable or non-preventable.
      • c.notify the member's station supervisor/designated unit supervisor, as appropriate, when the member is from a unit other than the district of occurrence.
      • d.upon completion of the "Investigating Supervisor" section of the Department Vehicle Traffic Crash or Damage Report, immediately fax a copy of the report and a copy of the related Illinois Traffic Crash Report to the  Department of Fleet Management, Bureau of Police Motor Maintenance , noting the date faxed on the report. For Department vehicles, the faxed report must contain the Control Board number.
      • e.forward the Department Vehicle Traffic Crash or Damage Report and photocopies of all reports related to the crash to the member's station supervisor/designated unit supervisor.
    • 2.Where it is alleged that the crash is attributable to a mechanical failure, 2FM will inspect the Department vehicle involved in a crash. A To-From-Subject report indicating the results of this inspection will be attached to a copy of the Department Vehicle Traffic Crash or Damage Report and forwarded to the exempt member of the member involved in the crash.
    • 3.The station supervisor/designated unit supervisor of the member involved in the traffic crash will complete the "Authorized Approval" section of the Department Vehicle Traffic Crash or Damage Report and will:
      • a.review the report for clarity and completeness and sign it.
      • b.mark this section with the notation "N/A."
      • c.submit the four-part Department Vehicle Traffic Crash or Damage Report formset and the photocopies of any other reports to the unit command staff officer. (The "Authorized Approval" section of the "Department Vehicle Traffic Crash or Damage Report" will not be completed when the member involved in the traffic crash is a captain or a command staff member.)
    • 4.Unit commanding officers of exempt rank will:
      • a.review To-From-Subject reports from 2FM in those cases where the involved member alleges a mechanical failure caused the crash.
        NOTE:
        The Department Vehicle Traffic Crash or Damage Report will not be processed until 2FM report has been received.
      • b.complete the "Driver's Commanding Officer of Exempt Rank" and Classification portions of the Department Vehicle Traffic Crash or Damage Report by marking these sections with the notation of "N/A."
      • c.mark the Second Level Exempt Review section with the notation of "N/A," and forward the original Department Vehicle Traffic Crash or Damage Report and all related reports to the Commanding Officer, Traffic Administration Unit, for action by the Traffic Review Board.
VII.Traffic Crashes Involving Department Members Operating Private Vehicles
  • A.Traffic crashes occurring in the City of Chicago on other than limited access interstate expressways, involving off-duty Department members, will be investigated in the same manner as crashes involving non-members. However, a supervisor from the district of occurrence will be assigned to the scene when:
    • 1.the investigating member believes or a complaint is received that the member involved in the crash allegedly operated the motor vehicle while under the influence of alcohol and/or drugs.
    • 2.the traffic crash involves personal injury.
    • 3.an on-duty member driving a personal vehicle is involved in a traffic crash.
  • B.Traffic crashes occurring in the City of Chicago upon limited access interstate expressways involving off-duty Department members will be investigated by an ISP member in the same manner as crashes involving non-members. However, if an assigned ISP member notifies OEMC of a crash involving a Department member and requests a Chicago Police Department supervisor, a supervisor from the district of occurrence will be assigned to the scene when:
    • 1.the investigating ISP member believes or a complaint is received that the member involved in the crash allegedly operated a motor vehicle while under the influence of alcohol and/or drugs.
    • 2.the member involved in the crash has been injured and is unable to communicate with the investigating ISP officer.
    • 3.an on-duty member driving a personal vehicle is involved in a traffic crash.
      NOTE:
      An on-duty member is required to notify a supervisor of any crash regardless of the vehicle involved or location of the crash.
(Items indicated by italic/double underline were added or revised)
Authenticated by: KC
John J. Escalante
Interim Superintendent of Police
15-102 CMF
PHONE BOOK:
1.
Department of Fleet and Facilities Management (2FM) (Control Board - Police Motor Maintenance)
PAX: 1235 Bell: 312-747-8371 FAX: 312-742-1368
2.
Department of Fleet and Facilities Management (2FM) (Control Board - Police Motor Maintenance)
PAX: 1235 Bell: 312-747-8371 FAX: 312-742-1368