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HomeMy WebLinkAbout0052 - GAS DRIVE-OFF NO PAY CUSTOMERS POLICYRed Wing Police Department Policy SUBJECT: POLICY NUMBER lie GAS DRIVE OFF/ NO PAY CUSTOMERS 52 O EFFECTIVE DATE 01/01/2015 REFERENCE(S): APPROVED BY: Minnesota CHIEF ROGER D. POHLMAN PURPOSE: The Red Wing Police Department understands the need for consistency in the handling of gas drive offs/no pay customers throughout the department. The department also understands the significant impact to the local service stations these types of incidents have on the business. The department also understands that this type of call is both civil and criminal in nature. In order to maintain consistency in handling these types of calls, the following policy will be followed for every gas drive off/no pay customer. DEFINITIONS: A. IN PROGRESS REPORT: An incident that occurred within the last 10 minutes B. AFTER THE FACT REPORT: An incident that occurred more than 10 minutes prior to the call. 2. PROCEDURE: A. In Progress Report: The service station will immediately notify the police department of an in -progress gas drive off/no pay customer. They will also immediately fill out the Gas No -Pay Report form in the event the vehicle is not located. They should also secure any surveillance video of the incident, as well as a receipt. (This will be retained by the service station until the matter is turned over for criminal charges.) 2. The officer will make a reasonable attempt to locate the vehicle, including a check of the residence (if within the agency jurisdiction), or call to the residence. Pagel of 3 GAS DRIVE-OFF/NO PAY CUSTOMERS -POLICY 52 3. The officer will not pursue the vehicle outside of the jurisdiction of the agency, unless the officer locates the vehicle prior to it leaving the jurisdiction. 4. The officer will obtain as much information about the vehicle as possible: description of the vehicle, license plate number, driver description and direction of travel, if known. Officers will also notify surrounding agencies to watch for the vehicle. 5. If the officer finds the vehicle, the officer will identify the driver and instruct them to return to the service station to pay for the fuel. The officer will then notify the service station that the vehicle was located and that the driver is supposed to be returning to pay for the fuel. Under no circumstances is the officer to give the service station the driver or owners information. 6. If they are unable to locate the vehicle, the officer will notify the service station that the vehicle was not located and that they should follow proper procedures for recovering payment through the Minnesota Petroleum Marketers Association or the Minnesota Service Station Association. 7. The officer will obtain the Gas No -Pay Report from the store and create a case file on the incident. No further action will be taken until after the recovery efforts of the MPMA or MSSA has been completed. B. After the Fact Report: The service station will notify the police department of an after the fact gas drive off/no pay customer. They will complete the Gas No - Pay Report form, and secure any surveillance video of the incident, as well as a receipt. (The video and receipt will be retained by the service station until the matter is turned over for criminal charges.) 2. The service station should then follow proper procedures for recovering payment through the Minnesota Petroleum Marketers Association or the Minnesota Service Station Association. 3. The officer will obtain the Gas No -Pay Report from the store and create a case file on the incident. No further action will be taken until after the recovery efforts of the MPMA or MSSA has been completed. Page 2 of 3 GAS DRIVE-OFF/NO PAY CUSTOMERS -POLICY 52 C. Recovery: If the service station knows the driver/owner involved in the gas drive off/no pay, they may elect to handle the incident internally and notify the department later if payment is not received. They may send a letter to the driver directly similar to the letter from the MPMA or the MSSP. 2. If recovery is made by the MPMA or the MSSA, the service station will notify the department and the case file will be closed out. 3. If recovery was not made, the service station may continue with the civil recovery and/or turn it over to the department for criminal prosecution. The service station must provide all documentation provided to them by the MPMA or MSSA to the department, as well as surveillance video, and register receipt. 4. If the case is turned over to the department for prosecution, the officer will complete the investigation and turn it over to the prosecutor for charges. Unless instructed otherwise, citations are not to be issued for violations. 5. Under all circumstances prior to considering criminal prosecution, the department must be provided with a copy of the notice and demand for payment, as well as an Affidavit of Service of that notice by mail signed by the merchant and the merchant must have attempted civil recovery of the funds. Page 3 of 3 GAS DRIVE-OFF/NO PAY CUSTOMERS -POLICY 52