32 CFR § 1290.5 - Background.

---
identifier: "/us/cfr/t32/s1290.5"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "32 CFR § 1290.5 - Background."
title_number: 32
title_name: "National Defense"
section_number: "1290.5"
section_name: "Background."
chapter_name: "DEPARTMENT OF DEFENSE, DEFENSE LOGISTICS AGENCY"
subchapter_number: "B"
subchapter_name: "MISCELLANEOUS"
part_number: "1290"
part_name: "PREPARING AND PROCESSING MINOR OFFENSES AND VIOLATION NOTICES REFERRED TO U.S. DISTRICT COURTS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Department of Defense Instruction 6055.4; 18 U.S.C. 13, 3401, and 3402."
regulatory_source: "44 FR 55859, Sept. 28, 1979, unless otherwise noted."
cfr_part: "1290"
---


# 1290.5 Background.

(a) DoD Instruction 6055.4 requires that all traffic violations occurring on DoD installations be referred to the appropriate United States Magistrate, or State or local system magistrate, in the interest of impartial judicial determination and effective law enforcement. Exceptions will be made only for those rare violations in which military discipline is the paramount consideration, or where the Federal court system having jurisdiction has notified the PLFA commander it will not accept certain offenses for disposition.

(b) Generally, the Federal Magistrate System applies state traffic laws and appropriate Federal laws to all personnel while on Federal property (section 13, title 18 U.S.C., Assimilative Crimes Act).