[Title 32 CFR B]
[Code of Federal Regulations (annual edition) - July 1, 2004 Edition]
[Title 32 - NATIONAL DEFENSE]
[Subtitle A - Department of Defense (Continued)]
[Chapter V - DEPARTMENT OF THE ARMY (CONTINUED)]
[Subchapter I - LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS]
[Part 634 - MOTOR VEHICLE TRAFFIC SUPERVISION]
[Subpart B - Driving Privileges]
[From the U.S. Government Printing Office]


3242004-07-012002-07-01trueBSubpart BNATIONAL DEFENSEDepartment of Defense (Continued)DEPARTMENT OF THE ARMY (CONTINUED)LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONSMOTOR VEHICLE TRAFFIC SUPERVISION
                      Subpart B--Driving Privileges



Sec. 634.6  Requirements for driving privileges.

    (a) Driving a Government vehicle or POV on a military installation 
is a privilege granted by the installation commander. Persons who accept 
the privilege must--
    (1) Comply with laws and regulations governing motor vehicle 
operations on the installation.
    (2) Comply with installation registration requirements in subpart C 
if applicable.
    (3) Possess, while operating a motor vehicle and produce on demand 
to law enforcement personnel, the following:
    (i) Proof of vehicle ownership or State registration if required by 
the issuing State.
    (ii) A valid State, overseas command, host nation, or international 
driver's license and/or OF 346 (U.S. Government Motor Vehicle Operator's 
Identification Card), as applicable, supported by a DD Form 2A (U.S. 
Armed Forces Identification Card) or other identification for non-
Department of Defense (DOD) civilians.
    (iii) A valid record of motor vehicle safety inspection if required.
    (b) Operators of Government motor vehicles must have proof of 
authorization to operate the vehicle.



Sec. 634.7  Stopping and inspecting personnel or vehicles.

    (a) Military vehicles may be stopped by law enforcement personnel on 
military installations based on the installation commander's policy.
    (1) In overseas areas, military 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 separate 
Service policy.
    (3) 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 basis to believe the stop/
inspection is necessary to enforce a traffic regulation or the stop is 
based on suspicion of criminal activity. (Army users, see AR 210-10. 
Marine Corps users, pending publication of a specific Marine Corps 
order, will be guided by Military Rules of evidence 311-316 and local 
command regulations. DLA users, see DLAR 5700.7.)
    (b) 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, DD Form 1173 (Uniformed Services Identification and 
Privilege Card), DA Form 1602 (Civilian Identification), AF Form 354 
(Civilian Identification Card), DLA Form 572 (Identification Card), DLA 
Form 1486 (Application for Identification Card), post pass, or national 
identity card.
    (3) Proper POV registration documents.
    (4) Host nation vehicle registration documents if applicable.
    (5) Authorization to operate a U.S. Government vehicle if 
applicable.

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    (6) Drivers license or OF 346 valid for the particular vehicle and 
area of operation.



Sec. 634.8  Implied consent to blood, breath, or urine tests.

    Persons accepting installation driving privileges shall be deemed to 
have given their consent to evidential tests for alcohol or other drug 
content of their blood, breath, and/or urine if lawfully stopped, 
apprehended, or cited for any offense allegedly committed while driving 
or in physical control of a motor vehicle on the installation while 
under the influence of intoxicants.



Sec. 634.9  Implied consent to impoundment.

    Any person granted the privilege of operating a motor vehicle on an 
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 
for unreasonable periods, interfering with 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 the conditions described 
above will be determined by the installation commander or designee.



Sec. 634.10  Suspension or revocation of driving privileges.

    The installation commander (or designee not assigned primarily to 
law enforcement duties) may, for cause, 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 regulation.
    (a) Suspension. (1) Driving privileges are usually suspended when 
other measures have failed to improve a driver's performance. Measures 
should include counseling, remedial driving training, and rehabilitation 
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.
    (2) The installation commander has discretionary power to withdraw 
the authorization of active duty military personnel, DOD civilian 
employees, and nonappropriated fund (NAF) employees to operate U.S. 
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 an 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 
evidence as specified in Sec. 634.11, installation driving privileges 
will be immediately suspended pending resolution of the intoxicated 
driving incident 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 
0.10 percent by volume 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 at least 0.05 percent 
by volume but less than 0.10 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.
    (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

[[Page 39]]

available corrective actions fail to produce the desired driver 
improvement. Revocation of the driving privilege will be for a specific 
period, but never less than 6 months, applies at all military 
installations, and remains in effect on reassignment.
    (2) Driving privileges are subject to revocation when an individual 
fails to comply with any of the conditions requisite to the granting of 
the privilege. (See Sec. 634.6.) Revocation of installation driving and 
registration privileges is authorized for military personnel, family 
members, civilian employees of DOD, 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 intoxicated driving 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, installation traffic code, or by Service directive.
    (ii) A conviction, nonjudicial punishment, or a military or civilian 
administrative action resulted in the suspension or revocation of a 
driver's license for intoxicated driving. Appropriate official 
documentation of such conviction is required as the basis for 
revocation.
    (4) When temporary suspensions under Sec. 634.10(a)(3) 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 1 January 
1996 for a charge of intoxicated driving with a blood alcohol content of 
0.14 percent. A hearing was held, extreme family hardship was 
substantiated, and privileges were restored on 1 February pending 
resolution of the charge. On 10 March, the driver was convicted for 
intoxicated driving. The mandatory 1-year revocation period will consist 
of January 1996 plus March 1996 through January 1997, for a total of 12 
months with no installation driving privileges.)



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 paragraph apply pending publication 
of a Marine Corps order addressing administrative due process.
    (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 10 days after this written 
notice is received unless an application for a hearing is made by the 
affected person within this period. Such application will stay the 
pending suspension or revocation for a period of 10 days.
    (1) If, due to action by the Government, a hearing is not held 
within 10 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 10-day 
period, the suspension or revocation will become effective immediately 
on receipt of notice that the request for continuance has been granted.
    (2) If it is determined as the 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 returned receipt for mail or 
delivery

[[Page 40]]

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 10 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. 634.16.
    (c) For drunk driving or driving while intoxicated 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 whose primary duties are not 
in the field of law enforcement.
    (2) Reliable evidence includes material such as witness statements, 
military or civilian police report of apprehension, chemical test 
results if completed, refusal to consent to complete chemical testing, 
video tapes, statements by the apprehended individual, field sobriety or 
preliminary breath test results, and other pertinent evidence.
    (3) Reviews normally will be accomplished within the first normal 
duty day following final assembly of evidence.
    (4) When detailed and reliable evidence is not available, immediate 
suspension should not be based 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.
    (5) 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. Review by the designated officer will follow as 
soon as practicable 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.
    (6) For active duty military personnel, written notice of suspension 
for intoxicated driving will be provided to the individual's chain of 
command for immediate presentation to the individual.
    (7) For civilian personnel, written notice of suspension for 
intoxicated driving normally will be provided without delay via 
certified mail. 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.
    (8) Notices of suspension for intoxicated driving will include the 
following:
    (i) The fact that the suspension can be made a revocation under 
Sec. 634.10(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 10 days of the 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 the Army (DA) 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.
    (9) If a hearing is requested, it must take place within 10 days of 
receipt of

[[Page 41]]

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 10 working 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.
    (10) Hearing on suspension actions under Sec. 634.10(a) for 
intoxicated drivers pending resolution of charges will cover only the 
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 
while under the influence of alcohol or other drugs.
    (ii) The person was lawfully cited or apprehended for an intoxicated 
driving offense.
    (iii) The person was lawfully requested to submit to a test for 
alcohol or other drug content of blood, breath, or urine and was 
informed of the consequences of refusal to take or complete such 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; or 
submitted to the test and the result was 0.10 percent or higher blood 
alcohol content, 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 used were valid and reliable, and the 
results accurately evaluated.
    (11) For revocation actions under Sec. 634.10(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.
    (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.



Sec. 634.12  Army administrative actions against intoxicated drivers.

    Army commanders will take appropriate action against intoxicated 
drivers. These actions will include the following:
    (a) A written general officer reprimand, administrative in nature, 
will be issued to active duty Army officers, commissioned and warrant, 
and noncommissioned officers, to include soldiers in the grade of E-4 
appointed on official orders to corporal, in the cases described below. 
This reprimand may be issued by an officer frocked to the grade of 
brigadier general. Subsequent filing of the reprimand will be in 
accordance with the provisions of AR 600-37.
    (1) Conviction of intoxicated driving or driving under the influence 
of alcohol or other drugs 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 0.10 percent or higher, irrespective 
of other charges, or off post when the blood alcohol content is in 
violation of State laws, irrespective of other charges.
    (4) Driving or being in physical control of a motor vehicle, either 
on or off the installation, when lawfully requested chemical tests 
reflect the presence of illegal drugs.
    (b) A written reprimand, administrative in nature, may be issued by 
a general officer or other appropriate official to active duty soldiers 
in the grade of E-4 (except corporals) and below in cases described in 
paragraph (a) of this section.
    (c) Review by commanders of the service records of active duty 
soldiers apprehended for offenses described in

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(a) above to determine if the individuals warrant--
    (1) Administrative reduction per AR 600-200.
    (2) Bar to reenlistment per AR 601-280.
    (3) Administrative discharge per AR 635-200.



Sec. 634.13  Remedial driver training programs.

    (a) Navy activities will comply with OPNAVINST 5100.12D, Air Force 
activities with AFR 30-2, and Marine Corps activities with MCO 5100.19C.
    (b) Installation commanders may establish a remedial driver training 
program to instruct and educate military personnel requiring additional 
training. Personnel will be chosen for the program on the basis of their 
individual driving records. The curriculum should provide instruction to 
improve driving performance and compliance with traffic laws.
    (c) Installation commanders may schedule periodic courses if courses 
on a continuing basis are not practical. If civil authorities conduct 
such courses, commanders may arrange for installation personnel to 
attend these courses in lieu of operating a course on or by the 
installation.
    (d) Civilian personnel employed on the installation, contractor 
employees, and family members of military personnel may voluntarily 
attend these or similar courses.



Sec. 634.14  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 is 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 intoxicated driving. A 
first offender may be referred for treatment if more evidence of 
substance abuse exists than merely 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 
offenders under separate Service policies. (Army, see AR 600-85; Marine 
Corps, see MCO P5300.12.)
    (c) Active duty Army personnel apprehended for drunk driving, on or 
off the installation, will be referred to the local Alcohol and Drug 
Abuse Prevention and Control Program (ADAPCP) for evaluation within 10 
days to determine if the person is dependent on alcohol or other drugs 
which will result in enrollment in Track I or other level of treatment 
in accordance with AR 600-85.
    (d) Active duty Navy personnel apprehended for drunk driving, on or 
off the installation, will be screened by the respective CAAC facility 
within 10 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 for interview by a Level II 
substance abuse counselor within 10 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 program as prescribed by MCO P5300.12.
    (e) The Services may develop preventive treatment and rehabilitative 
programs for civilian employees with alcohol-related problems section 
4561, title 42, U.S. Code (42 U.S.C. 4561).
    (f) Army supervisors of civilian employees apprehended for drunk 
driving will advise employees of ADAPCP services available. Army 
civilian employees apprehended for intoxicated driving while on duty 
will be referred to the ADAPCP for evaluation in accordance with AR 600-
85. Army commanders will ensure that sponsors encourage family members 
apprehended for drunk driving to seek ADAPCP evaluation and assistance.
    (g) Navy and DLA civilian personnel charged with intoxicated driving 
will be referred to the Civilian Employee Assistance Program for 
evaluation in accordance with FPM Supplement 792-2. Such referral does 
not exempt the

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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 P5300.12. Marine dependents 
charged with intoxicated driving, on or off the installation, will be 
provided assistance as addressed in MCO P5300.12. 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 Army, DLA, and 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 and 
treatment program sponsored by the installation, State, county, or 
municipality, or a private program evaluated as acceptable by the 
installation commander.
    (j) For Navy, on-base driving privileges will not be reinstated for 
Navy personnel convicted of driving under the influence, on- or off-
base, unless the person completed the full 36-hour Navy Alcohol and Drug 
Safety Action Program (NADSAP). The condensed NADSAP supervisor course 
will not be used for this purpose.



Sec. 634.15  Restoration of driving privileges on acquittal.

    When an official report pertaining to drunk driving or driving while 
intoxicated indicates a finding of not guilty, that the charges have 
been dismissed or reduced to an offense not amounting to intoxicated 
driving, or that an equivalent determination has been made in a 
nonjudicial punishment proceeding or military or civilian administrative 
action, the suspension of driving privileges will be vacated except in 
cases in which:
    (a) The preliminary suspension was based on refusal to take a BAC 
test.
    (b) The preliminary suspension resulted from a BAC test (unless 
disposition of the charges was based on invalidity of the BAC test). 
When a valid BAC test is involved, the suspension will continue pending 
completion of a hearing. In such instances, the individual will be 
notified in writing of the continuation of the preliminary suspension 
and of the opportunity to request a hearing within 10 working days. 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. 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 
based on local law or pertinent regulations.
    (e) The individual has failed to complete a formally directed 
substance abuse or driver's training program.



Sec. 634.16  Restricted driving privileges or probation.

    (a) For the Navy, Air Force, Marine Corps, and DLA, the installation 
commander may modify a suspension or revocation of 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 for determination 
under criteria of (d) below, 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's license is under suspension or revocation 
by a State, Federal, or host nation licensing authority.

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    (d) Aside from any other provisions of this regulation, the 
installation commander or designee may grant restricted driving 
privileges or probation on a case-by-case basis to accommodate any of 
the following reasons, provided the person's State driver's license 
remains valid:
    (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 limitations on a restricted driving privilege (for example, 
an authorization to drive to and from place of employment or duty, 
selected installation facilities such as hospital and commissary, or 
other facilities) will be specified in writing and provided to the 
individual concerned. Persons found to be in violation of the restricted 
privilege are subject to revocation action as prescribed in 
Sec. 634.10(b). 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 a traffic accident, 
or driver cited for a moving traffic violation).
    (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 of the Services or DLA, who can demonstrate that 
suspension or revocation of installation driving privileges would 
constructively remove them from employment, may be given a limited 
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. 2303 (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. 634.17  Extensions of suspensions and revocations.

    (a) Driving in violation of a suspension or revocation imposed under 
this regulation will result in the original period of suspension or 
revocation being increased by 2 years. In addition, administrative 
action may also be initiated based on the commission of any traffic, 
criminal, or military offense (for example, active duty military 
personnel driving on the installation in violation of an order not to do 
so).
    (b) For each subsequent determination within a 5-year period that 
revocation is authorized under Sec. 634.10(b), military personnel, DOD 
civilians, 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 under FPM 930, and other 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 subsequent offense, or for such other 
reasons as may be authorized.
    (c) Commanders may extend a suspension or revocation of the 
installation driving privileges of military personnel until completion 
of an approved remedial driver training course or alcohol or drug 
counseling program.
    (d) Commanders may extend a suspension or revocation of the 
installation driving privileges of civilian personnel convicted of 
intoxicated driving on the installation until successful completion of a 
State or installation approved alcohol or drug rehabilitation program.

[[Page 45]]



Sec. 634.18  Reciprocal State-military action.

    The Services recognize the interests of the States in matters of POV 
administration and driver licensing. The following procedures will 
apply:
    (a) Statutory authority may exist within some host nations or States 
for reciprocal suspension and revocation of driving privileges. If so, 
the installation commander or designee will honor the reciprocal 
agreements with State or host nation driver licensing authorities. On 
receipt of written notice, the receiving party may suspend or revoke 
driving privileges as if the violations or incidents had occurred within 
its own jurisdiction.
    (b) If statutory authority does not exist within the State for 
formal military reciprocity, the procedures below will be used.
    (1) Where military reciprocity has not been established by State 
law, commanders will act on reports of suspensions or revocations 
received from state authorities where the installation is located. When 
any State authority suspends or revokes a person's driver's license, the 
installation's driving privilege will be automatically terminated. 
Administrative actions (suspension, revocation, or point assessment) for 
moving traffic violations off the installation reported by State 
authorities should not be less than that required for similar offenses 
on the installation. When notified by a State of a suspension or 
revocation, the installation commander may suspend or revoke the 
person's OF 346.
    (2) In CONUS, the appropriate State licensing authority will be 
notified when a person's installation driving privileges are revoked for 
a period of 1 year or more following final adjudication of an 
intoxicated driving offense or for refusal to submit to a BAC test. The 
notification will be sent to the licensing authority of the State where 
the individual is licensed. (See appendix B to part 634.) The 
notification will include the basis for the revocation and the blood 
alcohol concentration level.
    (c) Overseas installation commanders may be affected by provisions 
of the applicable status of forces agreement (SOFA) and the law of the 
host nation concerning reciprocal suspension and revocation. To the 
extent an agreement concerning reciprocity may be permitted at a 
particular overseas installation, the installation commander must have 
prior authorization to negotiate and conclude such an international 
agreement in accordance with applicable directives, DODD 5530.3, June 
1987 and individual Service instructions.