15-01 OPERATION OF HEAVY DUTY AND COMMERCIAL EQUIPMENT

Unit Order:  15-01

Subject:       OPERATION OF HEAVY DUTY AND COMMERCIAL EQUIPMENT

OVERVIEW

Taskforce for Regional Autotheft Prevention (TRAP) detectives have many occasions where they come in contact with heavy duty construction equipment and commercial vehicles.  Equipment of this type includes but is not limited to tractor/trailer rigs, front end loaders, bulldozers, road graders, forklifts and various other commercial equipment.  Detectives have the potential of encountering this equipment in many circumstances, including 2805VC inspections, search warrants and during other investigative activity.

At times, in order to facilitate an investigation, a piece of construction or commercial equipment may need to be moved.  Not only do most of these vehicles require special training, licensing and certification to operate, their respective operational condition will likely be unknown to the concerned detective.  As a result, the operation of the equipment by the detective may present safety concerns not only to the detective, bystanders and also to the public at large.  Additionally, should a detective move a piece of heavy duty construction equipment or a commercial vehicle and become involved in an industrial accident, this exposes the taskforce to extreme liability.

PURPOSE

This unit order establishes a uniform guideline for all personnel assigned to TRAP regarding the operation of heavy duty construction equipment and commercial vehicles.

Note: This definition includes any vehicle that requires special training or a certification to operate, or a driver license certification beyond a California Class “C” license.

GUIDELINES

General Guidelines - It is the general policy of TRAP that detectives shall not operate heavy duty construction equipment or commercial vehicles without the required training and a current certification and/or license and permission of the owner.

• Routine situations where equipment needs to be moved – when a TRAP detective encounters a routine, non-emergency situation where a piece of heavy duty construction equipment or a commercial vehicle needs to be moved, they shall contact the owner and ask the owner to move the concerned equipment/vehicle.  If an owner cannot be located or contacted, the detective shall contact their nearest Official Police Garage and ask that their personnel facilitate the movement.

Note: In the rare circumstance when a detective has the training and current certification/licensing, with the permission of the owner, the concerned detective may move the piece of heavy duty construction equipment or commercial vehicle him/herself.

• Urgent situations where equipment needs to be moved – When a TRAP detective encounters an urgent situation where a piece of heavy duty construction equipment or a commercial vehicle needs to be moved and an owner or licensed/certified operator is not present, they may attempt to move the equipment themselves, provided they have had experience with the concerned equipment and have a reasonable idea of its operation.  Prior to moving the equipment, the concerned detective or team sergeant must get telephonic approval from the Area lieutenant or Project Director.

• Life threatening situations where equipment needs to be moved – In emergency situations where a life hangs in the balance, detectives can use any reasonable means to move the piece of heavy duty construction equipment or a commercial vehicle.  Such movement shall be done with the safety of all present and the public in mind at all times.

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MARTIN L. RODRIGUEZ, CAPTAIN

PROJECT DIRECTOR