SC-Shaw security makes traffic stops in area out of their jurisdiction

[karen]

Shaw security makes traffic stops in area out of their jurisdiction - The Item - South Carolina
Date Published: November 10, 2009
[Letter]

Shaw security makes traffic stops in area out of their jurisdiction

I have had a situation arise in regard to the closed section of Frierson Road across from Shaw Air Force Base that nobody at Shaw Air Force Base seems to be willing or able to answer sufficiently.

According to an article in The Item printed on Feb. 19, 2004, Maj. Mark Patterson, 20th Fighter Wing Judge Advocate's Office, made the statement: "The road itself and everything to the north is in the state's jurisdiction." The Item said that Patterson also said that 'when the gates went up to close Frierson Road, jurisdiction lines did not change, meaning the area is not in federal jurisdiction and base officials cannot issue traffic tickets to civilian drivers.'

Now, I ride a motorcycle, which is cheaper to operate than a car. I have queried both the public relations department at Shaw and the Security Police at Shaw. I was informed by both sources that I have to meet Shaw Air Force Base's additional motorcycle safety equipment requirements before I am allowed to procede through gates the Air Force has placed across a state or county owned road to take my child to or from a county owned school. I was told that they would not let me "on base" without it.

This means I will have to purchase reflective gear and such, wear long sleeved shirts and gloves on hot days, and buy a D.O.T. approved helmet for myself, etc. to continue on my way on a public road that the Air Force has already admitted they have no jurisdiction over.

I was informed they could stop me on Frierson Road by the base, but could not write me a citation. I am sorry, but a lack of jurisdiction is lack of jurisdiction, period. I know that a Sumter police officer, for instance, cannot legally make a traffic stop in Charlotte, North Carolina, because it is out of jurisdiction, and I don't see where Shaw security can legally perform a traffic stop on Frierson Road, as it is not within their jurisdiction.

From the statements made by Maj. Patterson, the gate at Frierson Road and 441 is not "on base," and neither is Frierson Road, nor anything north of it, for that matter. At the east end of Frierson Road, in the mornings, the gate on Frierson is open to allow incoming traffic access to Shaw Heights and High Hills schools. But in the afternoons, the Air Force diverts civilians "onto base" for a distance of about 75 yards before merging back onto Frierson.

My question, which nobody at Shaw Air Force Base seems capable of answering, is: "If I take my child straight down Frierson in the mornings when the east end fence gate is open, and if I go through the west end gate in the afternoons to pick him up, at what point am I actually "on base" and subject to federal military regulations or the U.C.M.J. (Uniform Code of Military Justice), as I am a civilian on a civilian roadway? I can find no such jurisdiction over civilians listed in the U.C.M.J. as prescribed the United States Code, Title 10, Subtitle A, Part II, Chapter 47, Subchapter I, Article 802 where it lists persons subject to the U.C.M.J.

Under exactly what statute, code, law or other authority are civilians operating on a state or county owned road subject to the authority and scrutiny of the United States Air Force? How can I be required to answer to military regulations and purchase additional equipment when I am already operating on a state or county road completely legal under state laws already?

I'd like to see some response from Shaw Air Force Base in writing in The Item in regard to this, and also would like to know if the base is going to foot the bill for the extra equipment.

JOE E. MOORE JR.
Dalzell

K

[karen]

Driving a personally owned vehicle on a military base is a privilege - The Item - South Carolina
Date Published: November 24, 2009

Driving a personally owned vehicle on a military base is a privilege

Responding to the letter to the editor written by a parent of a student at one of the schools on Shaw, who objects to Shaw Air Force Base's motorcycle safety requirements:

Our answer probably won't please the writer, who felt that the Air Force should drop all safety gear requirements for civilian motorcycle riders accessing a school on base.

We at Shaw feel the public deserves to know the Air Force side of the story.

The gates on Shaw serve as a restricted entry point to land owned by the United States Air Force. We understand that High Hills Elementary and Shaw Heights Elementary are public schools. Access to the schools has been a demanding issue for a long time. But they are on Shaw land.

This land (streets included) is a mixture of federal exclusive jurisdiction and proprietary jurisdiction. Regardless of jurisdiction, it is well established that a Department of Defense installation commander may enact or enforce rules and regulations necessary for the safety and welfare of his or her installation.

The commander's discretion to maintain a military installation and to manage military personnel is essential. This inherent authority to establish reasonable rules for safety and welfare is separate and apart from the concept of jurisdiction to prosecute cases.

In other words, while military or federal government officials may not prosecute criminal acts that occur on areas falling under its proprietary jurisdiction, they may enforce rules that ensure safety, welfare and good order. Specifically with regard to traffic regulations, the DOD Joint Traffic Regulation provides that driving a personally owned vehicle on a military installation is a privilege granted by the installation commander. All operators must comply with the installation's regulations governing motor vehicle operations.

The bottom line: On areas of an installation that fall under its proprietary jurisdiction, the military may enforce its regulations through administrative sanctions, including the suspension of a civilian's installation driving privileges.

The motor vehicle rules and procedures in place at Shaw are well within the 20th Fighter Wing commander's authority to ensure the safety and welfare of those on the military installation, by placing reasonable rules and restrictions on those who enter it.


We're sorry this rider feels the motorcycle safety requirements are an inconvenience for him, but they're not going to change.

ROB SEXTON
Community Relations Manager
Shaw Air Force Base