07-05 Service Vehicle Collisions

Question 1

What is the Rationale?

Answer 1

The Highway Traffic Act (HTA) defines circumstances where collisions are reportable and when provincial forms are to be submitted. This Procedure outlines the responsibilities and process when a Toronto Police Service (Service) vehicle is involved in a collision or when a member is investigating a collision involving a Service vehicle, in accordance with Ontario Regulation 392/23 Adequate and Effective Policing (General) made under the Community Safety and Policing Act (CSPA), the HTA and Service Governance.

Question 2

What is the Supervision?

Answer 2

• Supervisory Officer and Traffic Services (TSV) Officer attendance mandatory for collisions involving a Service Vehicle
• Supervisory Officer notification mandatory for collisions involving a Service vehicle

Question 3

When a member is involved in a service vehicle collision (SVC) and they are determined to be at fault, the member may be subject to the following

Answer 3

• criminal/provincial charges
• disciplinary action
• driving assessments/driver development training
• revocation of their Blue Card.

Question 4

Reporting

All SVCs deemed reportable collisions under HTA criteria, including collisions resulting from intentional contact, SHALL be

Answer 4

recorded on a SRLD401, completed in full (including diagram and synopsis), and submitted electronically to the Ministry of Transportation (MTO).

All SVCs deemed non-reportable collisions under HTA criteria SHALL be recorded on an eReport and do not require a SRLD401.

Question 5

Service Vehicle Collision – Responsibility for Investigation

A supervisory officer and a TSV officer SHALL

Answer 5

attend the scene and assume the responsibility for all SVC investigations. Subject to availability, the attending supervisory officer SHALL be from TSV.
Where the collision involves a vessel from Specialized Emergency Response – Marine (Marine), a Marine officer SHALL conduct the investigation and comply with unit specific policies.

Question 6

Member

1. When the nature of their duties requires or authorizes them to operate a Service vehicle SHALL meet and maintain the

Answer 6

driving standards as set by the HTA and Toronto Police College

Question 7

Member

2. When a Service vehicle operated by a member is damaged by other than a motor vehicle collision SHALL

Answer 7

comply with Procedures

Question 8

Member

3. When involved in a SVC in the City of Toronto SHALL

Answer 8

• Remain at the scene with the Service vehicle
• immediately determine if medical assistance is required
• immediately notify the communications operator
• immediately notify a supervisor and record the details outlining the circumstances of the SVC
• in the memorandum book, or
• on a TPS 649, if exempt from maintaining a memorandum book
• comply with applicable sections of Procedure 07–01
• request the provincial or local municipal police agency to attend and investigate the matter
• immediately report and provide all the necessary information concerning the collision to the officer assigned to investigate the collision in accordance with “Duty to Report an Accident” – Sec 199 of the HTA
• Notwithstanding the imminent need to seek or be transported for medical treatment, the involved member SHALL remain at the scene with the Service vehicle and speak to the investigating officer in-person or may be subject to additional PSA and/or other charges and increased penalties.

Question 9

Member

4. Prior to reporting off duty SHALL

Answer 9

• scan copy of their memorandum book into the eReport
• record the damage on the appropriate Vehicle Damage Report in the unit file

Question 10

Member

5. When involved in a SVC while outside of the City of Toronto SHALL

Answer 10

• remain at the scene with the Service vehicle
• immediately determine if medical assistance is required
• immediately notify the communications operator
• immediately notify a supervisor and record the details outlining the circumstances of the SVC
  o in the memorandum book, or
  o on a TPS 649, if exempt from maintaining a memorandum book
• comply with applicable sections of Procedure 07–01
• request the provincial or local municipal police agency to attend and investigate the matter
• immediately report and provide all the necessary information concerning the collision to the officer assigned to investigate the collision in accordance with “Duty to Report an Accident” - Sec.199 of the HTA

Question 11

Traffic Services Officer

6. When investigating a reportable SVC SHALL

Answer 11

• conduct the investigation
• consult with the attending supervisory officer
• complete the officer information on the SRLD401 as follows
• the member’s address 40 College Street, Toronto Ontario M5G 2J3
• the member’s telephone number 416-808-2222
• the vehicle registration and insurance information as contained on the respective documents
• The SRLD401 SHALL be completed using the Versadex built-in electronic eMVA xForm and Quickscene diagramming applications.
• complete the eReport including all scanned notes and submit to the supervisory officer prior to reporting off duty, unless authorized by the Officer in Charge (OIC)

Question 12

Traffic Services Officer

7. When investigating a non-reportable SVC SHALL

Answer 12

• comply with item 6 with the exception that no SRLD401 is required
• complete field notes with diagram or memorandum book notes with same attention to detail as any other reportable collision investigation
• complete an eReport and include the following information
  o date, time and location of incident
  o brief synopsis of circumstances
  o description and estimated value of damage
• scan all notes into eReport

Question 13

Traffic Services Officer

8. When investigating an SVC involving an unmarked Service vehicle and presented with covert identification for the vehicle and/or member SHALL

Answer 13

• record the particulars as described on the documents
• In the event the collision location is at or near a covert police facility, consult with a supervisory officer prior to entering the location on reports

Question 14

Supervisory Officer

9. When notified that a reportable or non-reportable SVC has occurred in the City of Toronto SHALL

Answer 14

• promptly attend the scene to provide assistance and conduct an internal investigation
• notify the respective OIC
• ensure all witness statements and other evidence is gathered prior to reporting off duty, or make arrangements for this to be completed as soon as possible
• if the Service vehicle is equipped with an in–car camera system (ICCS) video, review the video and
  o if the SIU mandate has been or may be invoked, comply with Procedures
  o if required for court or training purposes, request a copy of the ICCS video evidence from the Property and Video Evidence Management Unit (PVEMU) by e–mail, indicating date, time and fleet number, as soon as practicable
• conduct an internal investigation to determine if any of the following apply in relation to the involved member
  o criminal offence
  o provincial offence
  o conduct issue
  o training requirement
  o no further action required
• complete a TPS 559 for each Service vehicle involved, include the circumstances of the SVC and complete the Supervisor’s Determination section
• ensure the damage is recorded on the appropriate Vehicle Damage Report in the unit file
• send a copy of the SRLD401 or eReport to the Unit Commander – Fleet & Materials Management (FLT) forthwith

Question 15

Supervisory Officer

10. When in receipt of a Service Vehicle Collision Report (SVCR) SHALL

Answer 15

review for completeness, accuracy and investigative integrity and submit to the OIC prior to reporting off duty.

Question 16

Supervisory Officer

11. When detailed to attend a reportable or non-reportable SVC that has occurred outside the City of Toronto SHALL

Answer 16

• promptly attend the scene to provide assistance and conduct an internal investigation
• notify the involved member’s Officer in Charge of any recent updates to the SVC
• liaise with the investigating officer and/or supervisory officer on scene
• obtain a copy of the collision report from the investigating officer
• complete a TPS 559 for each Service vehicle involved, include the circumstances of the SVC and complete the Supervisor’s Determination section
• ensure the damage is recorded on the appropriate Vehicle Damage Report in the unit file
• send a copy of the SRLD401 or eReport to the Unit Commander – FLT forthwith

Question 17

Supervisory Officer

12. When criminal or provincial charges are warranted against the involved member SHALL

Answer 17

• if immediate action is not required, consult with the involved member’s Unit Commander prior to laying a charge
• if immediate action is required, take appropriate action, then advise the involved member’s Unit Commander as soon as practicable
• initiate the applicable charge
• when a conduct issue is identified shall comply with the applicable procedures

Question 18

Supervisory Officer

13. Upon receipt of a Provincial Offences – Notice of Trial SHALL

Answer 18

assume the role of case manager, as appropriate

Question 19

Supervisory Officer

14. SHALL consider all other factors involved in a collision and identify the

Answer 19

appropriate measures to address them, such as training, equipment placement in car, etc

Question 20

Officer in Charge

15. When notified of an SVC which has occurred

Answer 20

• within the divisional boundaries, or
• outside the boundary of the members’ division and inside the City of Toronto, or
• when detailed by the Officer in Charge – Toronto Police Operations Centre (TPOC)
  o SHALL ensure that a supervisory officer is assigned to attend the scene and conduct an internal investigation, if applicable.

Question 21

Officer in Charge

16. When notified of an SVC which has occurred outside of the City of Toronto SHALL

Answer 21

notify the OIC – TPOC.

Question 22

Officer in Charge

17. When in receipt of a SVCR SHALL review for completeness, accuracy and systemic integrity and ensure

Answer 22

• the collision is investigated in compliance with Procedures
• if the Service vehicle is equipped with an ICCS video, the ICCS video has been reviewed and
  o if the SIU mandate has been or may be invoked, comply with Procedures
  o a copy of the ICCS video evidence is requested from PVEMU by e–mail, indicating date, time and fleet number, as soon as practicable
  o a copy of the SRLD401 or eReport has been sent to FLT
• if concurring with the report submits
  o the original to TSV Unit Commander (Designate) – SVC Review
• The Service has a legal requirement to forward all SLRD401s to the MTO within ten (10) days of the vehicle collision.

Question 23

TSV Unit Commander (Designate) – Review

18. When in receipt of a SVCR that has been reviewed by the OIC SHALL

Answer 23

• review to ensure compliance with applicable procedures
• if concurring with report
  o sign and email the TPS 559 along with SLRD401, eReport, and other related documentation to the Professional Standards Information System (PSIS) Analyst and Unit Commander of the involved member
• if not concurring with report
  o return report to supervisory officer who investigated the collision

Question 24

Unit Commander – Involved Member

19. When in receipt of a SVCR that has been reviewed by TSV SHALL

Answer 24

• review to ensure compliance with applicable procedures
• ensure the appropriate action is taken, which may include
  o consideration for repetitive behaviour
  o recommendation for a driving assessment and/or driver development training
  o initiating criminal or provincial charges
  o commencing an internal complaint in compliance with the applicable procedures ensure that a copy of the SRLD401 has been sent to FLT
• ensure repairs are made to the Service vehicle in a timely manner
• review SVCR for completeness, accuracy and systemic integrity
• if concurring with the report, email a copy of the TPS 559 and SRLD401 for
  o all not–at–fault, property damage only SVCR to PSIS Analyst (the original is retained in unit file and copy in member’s file per retention schedule)
  o all other collisions, (including at–fault collisions, personal injury collisions, and pursuit–related collisions) to the involved member’s Staff Superintendent / Director
• if not concurring with the report and/or errors/omissions are identified ensure corrections are made in a timely manner and once corrected, forward to the TSV Unit Commander (Designate) – SVC Review

Question 25

Unit Commander – Involved Member 20. Upon receipt of a SVCR returned from TSV or from the Staff Superintendent / Director SHALL ensure

Answer 25

* any required corrections are made in a timely manner and re–submit * the check box ‘concur with amended report’ on the TPS 559 has been completed * the original TPS 559 is appended to a TPS 649, if applicable.

Question 26

Officer in Charge – Toronto Police Operations Centre 21. When notified of an SVC which has occurred outside the City of Toronto SHALL

Answer 26

notify the Duty Senior Officer – TPOC (Duty Senior Officer).

Question 27

Officer in Charge – Toronto Police Operations Centre 22. Upon notification by the Duty Senior Officer that a supervisory officer is required to attend an SVC outside the City of Toronto SHALL

Answer 27

* request the attendance of a supervisory officer from o the involved member’s unit, or o the division nearest to the SVC * notify the applicable police service that a Toronto Police Service supervisory officer is attending/not attending

Question 28

Duty Senior Officer – Toronto Police Operations Centre 23. When notified of an SVC which has occurred outside the City of Toronto SHALL

Answer 28

* determine whether a supervisory officer should attend at the scene * notify the OIC – TPOC of the determination

Question 29

Unit Commander – Communication Services 24. In consultation with the Unit Commander – TSV SHALL create and maintain a database to ensure all calls for service received by

Answer 29

Communication Services which are determined to be an SVC have a corresponding eReport.

Question 30

Superintendent – Professional Standards 25. When in charge of Professional Standards SHALL

Answer 30

* ensure a member is assigned to enter data into PSIS in a timely manner * ensure a copy of the SVCR is forwarded to Professionalism and Accountability Risk Analysis and Support * chair the SVCRC and, liaise with Unit Commanders and/or designates from o TSV o TPC * report to the Staff Superintendent – Professionalism and Accountability on Service vehicle collision trend analysis, problem identification, quality assurance and training issues

Question 31

Staff Superintendent – Professionalism and Accountability 26. As the manager of the Service Vehicle Collision Reduction Program SHALL ensure

Answer 31

* SVCRs are monitored and reviewed * a bi–annual meeting is convened of the SVCRC, and a report is submitted to the Chief of Police

Question 32

Definitions 07-05 Intentional Contact means

Answer 32

when a Toronto Police Service vehicle operated by a member intentionally comes into contact with another vehicle, person or object thus using the vehicle as a tool to stop a threat.

Question 33

Marked Vehicle means

Answer 33

a Service vehicle used primarily by uniformed officers that: * is clearly marked with Toronto Police Service decals along with the word “police” and is equipped with “overhead” emergency lighting visible from 360 degrees and has a forward-facing electronic siren * meets the minimum requirements as set out in the Highway Traffic Act for an emergency vehicle, as well as the Policing Standards Manual (Adequacy Standards) AI–008 for general patrol vehicles.

Question 34

Reportable Collision means

Answer 34

every person operating a motor vehicle or streetcar involved directly or indirectly in a collision that results in personal injury, death, or property damage exceeding $2000, is required to report and furnish information forthwith to the nearest police officer in accordance with the Highway Traffic Act.