SAN FRANCISCO’S POLICY DIRECTING POLICE TO ABSTAIN FROM INVESTIGATING NON-INJURY PRODUCING ACCIDENTS PREVENT SAFETY ENHANCEMENTS FOR CITY STREETS

A. SAN FRANCISCO GENERAL ORDER 9.02

In August of 1994, the City and County of San Francisco instituted General Order 9.02 that directed officers of the San Francisco Police Department to refrain from investigating all “non-injury” producing traffic collisions in the City. The text of S.F. General Order 9.02 is as follows:

NON-INJURY VEHICLE ACCIDENTS: When arriving at the scene of a non-injury producing vehicle accident, advise the citizens that it is the policy of the SFPD to not investigate vehicle accidents involving only property damage.  If a citizen insists on a report, follow these procedures:

EXCHANGE OF INFORMATION: Assure proper exchange of the Collision Information Form (SFPD 19) and, if necessary, assist each party in completing them.  Additionally, make sure that any witness information is provided to the parties involved.

TOWS: Arrange for tows and direct traffic if necessary;

B.  CALIFORNIA HIGHWAY PATROL MANUAL GUIDELINES REGARDING TRAFFIC COLLISIONS RECOMMENDS THE INVESTIGATION OF ALL ACCIDENTS

General Order 9.02 was adopted in San Francisco despite the fact that it violates California Vehicle code section 20008 and directly conflicts with the California Highway Patrol Manual recommendation that all traffic collisions be reported in the interest of public policy to gather accurate and comprehensive data in order to assess specific locations that might be inherently dangerous for various reasons.

“The purpose of this manual is to establish policy and uniform procedures for documenting motor vehicle collision with the framework of SWITRS and the Vehicle Code (VC).  VC Section 20008 requires that all law enforcement agencies forward to the California Highway Patrol, a copy of every traffic collision report involving injury or death. Although there is no legal requirement to submit Property Damage Only reports, agencies are encouraged to do so. Collision documentation is the foundation for any effective traffic safety program. To attain a reduction in the frequency and severity of traffic collisions, it is important that the information exchanged among users be identical in definition and type of data.” [California Highway Patrol Manual, HPM 110.5, pg. ii]

As reflected in the CHP manual, “Collision documentation is the foundation for any effective traffic safety program. To attain a reduction in the frequency and severity of traffic collisions, it is important that the information exchanged among users be identical

C. UNLESS THE SFPD IS REQUIRED TO INVESTIGATE ALL TRAFFIC COLLISIONS, A LACK OF COMPREHENSIVE DATA WILL THWART EFFORTS TO IMPROVE PUBLIC SAFETY

If the SFPD is permitted to continue their longstanding practice of refusing to investigate accidents that do not produce injuries, an enormous amount of statistics concerning the frequency of collisions at specific places cannot be gathered or assessed in determining whether certain locations pose an unnecessary risk of danger to the public.

In order to enhance safety on the streets of San Francisco, the current process of rejecting or “disposing” of “non-injury” accidents through the implementation of General Order 9.02 at the dispatch level should be discontinued at once.

Often times, defective street design is a large component of the reason why certain streets or intersections are inherently risky. Streets are primarily designed for automobile travel, and SF Police Chief Gascon has publicly stated that “motorists, cyclists, and pedestrians must coexist” in the city.

The San Francisco Board of Supervisors should mandate the SFPD to investigate all traffic collisions regardless of whether there are injuries at the scene.  This change of protocol will enable an adequate and consistent database to help identify when specific locations are plagued with a greater than average rate of accidents.  In turn, this will facilitate the needed implementation of remedies affording residents an increased level of safety in the interest of public policy.

By Albert G. Stoll, Jr. and Jennifer Nicoletto