Police Department Manual (PDP)

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Effective: 2/5/1988

Revised: 7/1/2007

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PDP 207–02: Vehicles and Carts on Malls or Sidewalks

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Purpose

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To provide for the safety of all people using the malls, sidewalks, and other pedestrian areas on ASU campuses

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Sources

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Arizona Revised Statutes §§ 13–1201; 15–1627; 28–693, –904, –982, –1524, –3151A, –3169A
ASU Parking and Vehicle Control Regulations, Part IV, Paragraph B, Sections 4, 5, and 8

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Policy

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Authorization

Motor-powered vehicles and carts are only authorized to drive, operate, or park on a sidewalk, mall, or other pedestrian area on an ASU campus when an adjacent street is not accessible or compatible. Emergency vehicles are the only exception. No person shall operate or park any vehicle within pedestrian areas in violation of these conditions.

University-owned vehicles or carts must be inspected by Fleet Service to ensure that the vehicle or cart is in safe condition and is equipped with the appropriate safety and accountability devices.

Required Equipment

University-owned vehicles or carts must be equipped with the following safety and accountability devices:

  1. a flashing yellow 360-degree beacon light mounted securely on the top of the vehicle
  2. a beeper audible from the front of the vehicle or cart
  3. an accurate speedometer, if originally equipped
  4. all other street equipment required by state law for safe operation on public roadways, including but not limited to brake lights
  5. lighting equipment, such as headlights, taillights, and turn signals, if originally equipped
Exception
Carts or vehicles designated for “day use only” in legible lettering on each side only need to have brake lights.
  1. a current Arizona license plate, properly displayed, and registration document carried securely on board (a photocopy of the original registration document is acceptable)
  2. department name and vehicle number, printed legibly on the back and sides of the vehicle, with letters not less than one inch high
  3. a warning decal issued by Fleet Service, in a position to be easily viewed by the driver

    and

  4. a current ASU parking decal.
Note: As of this revision, there are no paint color restrictions for the vehicles. In the past, vehicles had to be painted white.

Personal Vehicles

In most cases, personal vehicles are not authorized to be driven or parked on any mall, sidewalk, or pedestrian area. Exceptions may be granted only with the approval of the assistant director for Parking and Transit Services (PTS) and if the personal vehicle is fitted with all of the above safety devices.

Mall Access

An ASU vehicle that meets all of the above requirements for safe condition, safety equipment, and legitimate need for access to the campus can access a mall, unless that same access can be safely and reasonably made by using existing streets, driveways, or parking lots. Non-ASU vehicles must obtain a Mall Access Permit from PTS.

The mall access permit shall contain:

  1. the vehicle or cart’s sponsoring department and vehicle number (permit number)
  2. the date of expiration
  3. names of malls or other areas to which access is allowed
  4. the license plate number of the vehicle

    and

  5. the hours or days of restriction, if any.

A mall permit is not transferable and may not be used on any vehicle other than the one to which it has been issued.

Trailers being pulled or attached to vehicles or carts must have and properly display a separate mall access permit.

State-owned vehicles or carts need not carry evidence of insurance, since they are insured by State Risk Management. Other vehicles must carry evidence of insurance in accordance with state law.

PTS scrutinizes each request for access to the campus and only issues permits to those areas that must be reached to permit the holder to perform his or her function in a safe and timely manner. Whenever possible, access is limited to after normal business hours and during weekends to minimize the impact on pedestrian use of malls. Permits are not issued to East Orange Mall, Cady Mall, Hayden Mall, or Armstrong Mall without the approval of the assistant director for PTS. Mall permits issued for Cady or Hayden Mall, including “all access” mall permits, are to be used only while loading/unloading the vehicle. Vehicles are not authorized to park on Cady or Hayden Mall even with a mall permit.

The department head or director is responsible for providing each driver with a copy of this policy and a list of regulations.

Vehicles or carts that have not been issued a mall permit for a particular mall are not authorized access to that mall, and their driver shall be cited for violation of Arizona Revised Statutes § 28–904 or ASU Parking and Vehicle Control Regulations, IV-B-5 if he or she drives into or parks within that area.

Operation (Conditions of Permit)

Anyone operating a vehicle or cart on ASU malls, sidewalks, or pedestrian areas must comply with the following rules:

  1. The vehicle or cart must successfully complete an annual safety inspection by Fleet Service and display the maintenance sticker on the windshield, dashboard, or body. The sticker must be visible from the front of the vehicle or cart.
  2. The vehicle or cart must have a flashing yellow beacon and a forward-audible beeper that can be turned on when necessary while in motion on a mall, sidewalk, or pedestrian area. Under normal conditions the beeper or flasher need not be turned on; however, it must be operational. The flasher and beeper shall not be used while in motion on public roadways.
  3. The vehicle or cart must have an accurate speedometer in operation, if originally equipped.
  4. The speed limit for vehicles or carts on the malls, sidewalks, and pedestrian areas is 5 m.p.h. Drivers who are not equipped with a speedometer are not exempt from this requirement, and should gauge their speed by observing pedestrians who normally walk at 3 to 4 m.p.h. When operating on public roadways, drivers must obey posted speed limits and operate at a speed that is reasonable and prudent for conditions.
  5. The vehicle or cart must be operated in a cautious, safe manner at all times; specifically, no vehicle may be used to transport more people at one time than the number for which it is designed and equipped; loads must be secured and may not extend beyond the front or sides of the vehicle, and drivers must not leave keys in unoccupied vehicles.
  6. The vehicle or cart must have a current license plate and registration document, properly displayed and on board at all times. Drivers must carry a valid driver’s license, an ASU ID card, and a Driving on the Mall course completion card. The driver must display these documents at the request of an employee of ASU Police Department (ASU PD) or any peace officer.
  7. The driver of a vehicle or cart must always yield the right-of-way to pedestrians and bicyclists encountered on malls, sidewalks, and pedestrian areas. Drivers must yield the right-of-way in accordance to state law and the rules of the road when operating on public roadways.
  8. The driver may access only those malls and other areas authorized by their mall access permit, and may not operate or park in any other pedestrian areas. Vehicles or carts that are not wider than 48” may use bike paths, but may not stop or park on the bike paths. Vehicles or carts may not be used on bike lanes that are designed for bicycles as part of a public roadway.
  9. The driver of a vehicle or cart that is equipped with turn signals must use them as far in advance of a turning movement as possible; drivers without turn signals must give appropriate hand signals, also as far in advance as possible. Vehicles without turn signals may be driven only in daytime.
  10. A vehicle or cart operated between sunset and sunrise must have (all original) lighting equipment, and in no case may a vehicle operate with less than one headlight and one red taillight. No vehicle may be operated at any time of the day without at least one operational brake light.

    and

  11. No driver may operate a vehicle or cart that is unsafe or not properly equipped as required by this policy. An unsafe condition includes, but is not limited to, oil leaks, worn tires, faulty brakes or steering, burned-out lights, or inoperative beepers.

Enforcement

Fleet Service may not issue a mall access permit to any vehicle or cart unsafe or not equipped, licensed, and documented as required by this policy.

In cases involving violations by a vehicle or cart owned by the state on malls and pedestrian areas, employees of ASU PD who observe violations of this policy within the jurisdiction of ASU can take the following enforcement actions:

  1. give a written or verbal warning to the driver and to the department head
  2. issue an ASU citation for violation of ASU Parking and Vehicle Control Regulations IV-B-5, “Violating Conditions of a Mall Permit”

    and

  3. issue an ASU citation as in the preceding two steps, with the instruction that the citation will be excused if the equipment problem is corrected within five school days.

In cases involving moving violations by a vehicle or cart not owned by the state on malls and pedestrian areas, certified employees of ASU PD who observe violations of this policy within the jurisdiction of ASU can also issue a state of Arizona moving violation citation through the Tempe justice court for violation of Arizona Revised Statutes § 28–904, “Driving on a Sidewalk: Violating Conditions of Mall Permit.”

In addition to issuing citations, ASU PD employees may, at their discretion, revoke and physically remove the mall access permit of any vehicle found to be unsafe, i.e., lacking safety equipment, or when its driver violates the permit conditions or any law.

In accordance with Arizona Revised Statutes § 28–1524, an owner, department head, director, supervisor, or other person employing or otherwise directing the driver of any vehicle who requires or knowingly permits the driver to operate in any manner contrary to the law on a public roadway is guilty of a class 2 misdemeanor. ASU PD police officers may arrest, cite, and release anyone who causes drivers to break the law in this manner. Similarly, violations committed on the malls, sidewalks, or pedestrian areas of ASU at the direction or knowledgeable permission of the driver’s supervisor may be used to cite the supervisor as well as the driver.

Only ASU PD police officers may issue a state of Arizona motor vehicle citation or arrest. An ASU PD police officer, an ASU parking enforcement officer, or an ASU parking service aide may issue an ASU citation. An ASU PD officer, an ASU parking enforcement officer, or an ASU PD police aide may issue a mall citation. Should ASU PD employees encounter resistance or non-cooperation with regard to the vehicle control regulations, they should summon a police officer. The officer may, at his or her discretion, order the state-owned vehicle or cart parked, seize its keys, and return them to the appropriate department head. The officer may elect to impound the vehicle in extreme cases. In any event, a departmental report is completed and a copy forwarded to the appropriate department head or director.

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ProcedureD

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Responsibility
Action
Department head, director,
or
individual
  1. Forward a written request for a mall access permit to Parking and Transit Services. The written request shall document the need for access to specific areas. A separate request is required for each vehicle or cart needing access to the malls, sidewalks, or pedestrian areas.
Fleet Service
  1. Review the written request and determine if the request for access is justified.
If the request is justified:
  1. Contact the department or individual and schedule a time for inspection of the vehicle or cart.
  2. Perform the inspection of the vehicle or cart to ensure that it is in safe condition, that it has proper documentation, and that all safety devices are present. Collect the inspection fee.
  3. Verify that the vehicle/cart has a valid ASU campus decal.
  4. Provide the department or individual with the appropriate mall access permit and a copy of this policy.
If the vehicle or cart does not pass inspection:
  1. Provide the operator with a list of corrections to be made.
Department head, director,
or
individual
  1. Make necessary repairs and modifications, and schedule a reinspection.
Fleet Service
  1. Reinspect the vehicle or cart.
If the vehicle or cart complies with inspection requirements:
  1. Issue the appropriate mall access permit.
Department head
or
director
  1. Control the use of all mall access permits issued to the department.
ASU Police Department
  1. Enforce the laws, rules, and regulations established for the use of vehicles or carts on campus.
endtable

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