OPO’s Policy Recommendation to Austin Police Department’s General Order 342.3.5: Failure to Maintain Financial Responsibility
In this memo, the Office of Police Oversight (OPO) provides recommendations to the Austin Police Department’s General Order 342.3.5, which details the procedure officers should follow when a driver cannot provide proof of insurance during a traffic stop. OPO recommends that APD revise this policy for grammatical clarity and specify the steps officers should take if a driver is unable to provide proof of insurance at the time of the stop.
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AUSTIN
P.O. BOX 1088, AUSTIN, TEXAS 78767
CITY
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 | TTY: 711 | FAX: 512.974.6306
FOUNDED
1839
COMPLAINT HOTLINE: 512-972-20PO
May 29, 2024
Robin Henderson, Interim Chief of Police
Austin Police Department
715 E. 8th Street
Austin, TX 78701
RE: OPO's Policy Recommendation to Austin Police Department's General Order
342.3.5: Failure to Maintain Financial Responsibility
Dear Chief Henderson:
A
This memorandum provides feedback and recommendations for improving the Austin Police
Department's (APD) General Order (GO) 342: Traffic Enforcement.
The specific policies reviewed in this memorandum are as follows:
342.3.5 Failure to Maintain Financial Responsibility
This policy analysis and recommendations address the need for more clarity in APD's current
policy outlining the operational guidelines for officers to enforce traffic regulations in a
standardized manner.
We look forward to addressing the items identified and improving these policies to benefit the
community and APD's sworn personnel.
Sincerely,
Dail Mecan
Gail McCant, Director
UNDED
1839
Office of Police Oversight
CITY OF
P.O. BOX 1088, AUSTIN, TEXAS 78767
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 | TTY: 711 FAX: 512.974.6306
FOUNDED
COMPLAINT HOTLINE: 512-972-20P0
342.3.5: Failure to Maintain Financial Responsibility
Recommendation #1:
OPO recommends that APD correct grammatical errors in 342.3.5 on Failure to Maintain
Financial Responsibility.
OPO recommends revising section 342.3.5 on Failure to Maintain Financial Responsibility to
ensure grammatically correct language. The current phrasing, "When drivers who do not have
current proof of insurance, officers shall make an inquiry through the Texas Sure Database to
confirm if the driver has insurance on file," contains a sentence fragment because the noun
"drivers" is missing a verb. Grammatical correctness is crucial to ensuring that policy is clear and
easy to understand.
Recommendation #2:
OPO recommends that APD revise 342.3.5 to add specificity.
To ensure consistency and fairness, OPO recommends that APD revise this section to specify that
officers must confirm proof of insurance and issue a citation if said proof is not acquired.
342.3.5 FAILURE TO MAINTAIN FINANCIAL RESPONSIBILITY
Officers must confirm drivers' current proof of insurance per state law. When drivers who do not
have current proof of insurance on hand, officers shall make an inquiry through the Texas Sure
Database to confirm if the driver has insurance on file.
(a) The inquiry shall be performed on the MDC or through Communications by running a
license plate check.
(b) If the Texas Sure Database is not accessible during the stop, officers shall issue a
citation with a note on the back of the citation "SURE was down"
2