2023 Fleeing Driver Policy Flashcards
1
Q
What is a fleeing driver?
A
A driver who has been signalled to stop by an enforcement officer but fails to stop or fails to remain stopped.
2
Q
What is a significant factor in determining the response to a fleeing driver incident?
A
The original reason for signalling the driver to stop
3
Q
What will inform the appropriate, proportionate response and resolution?
A
The TENR, threat, exposure, necessity and associated risks.
4
Q
What is the purpose of the policy?
A
To guide the risk assessment and decision making if a driver fails to stop or remain stopped.
5
Q
What is the overall objective?
A
To achieve the safest possible outcome balanced against our policing functions. Through a clear and common understanding of the officers TRNR, PCA and decision making process, through the framework.
6
Q
The police response to each fleeing driver event must be:
A
- Reasonable, proportionate, and necessary.
- lawful
- Justified, considering all the circumstances, and
- compliant with police instructions and policy
7
Q
Each fleeing driver event will be reviewed in a timely manner to identify and effectively manage or escalate any ?
A
Health and safety risks, training issues, systemic issues or Lessons learnt.
8
Q
What is the alternative to initiating or continuing a pursuit?
A
An investigation is a viable alternative.
9
Q
What take priority over the immediate apprehension of a fleeing driver?
A
The safety of Police staff, the public, and the vehicle occupants (particularly children or young people)
10
Q
Can a unit be directed to initiate or continue a pursuit against their judgement?
A
No
11
Q
Will a decision to NOT pursue or to abandon a pursuit be supported?
A
This will be supported by Police.
12
Q
If staff contravene legislation in relation to fleeing drivers what may happen?
A
They may be criminally liable for their actions.
13
Q
What legislation maybe applicable to fleeing driver events?
A
Crimes Act 1961
Health and Safety at work act 2015
Land transport act 1998
Land transport (road user) rile 2004
Policing act 2008
Search and surveillance act 2012
14
Q
What is the purpose of the fleeing driver framework?
A
It is a tool to assist with determining if the immediate risk to safety posed by the fleeing driver/occupants justifies a pursuit.
15
Q
The framework sets out 2 potential justifications to initiate or continue a pursuit, either of which must be met:
A
- Based on the threat Posed by the driver/occupants as determined by an officers perceived accumulative assessment of the situation and subject behaviour,
or - based on the seriousness of an offence suspected to have been committed by the driver/occupants and the risk of that driver/occupants committing ongoing offending harm or victimisation (Referred to as “offence harm risk”)
16
Q
Under the framework, A pursuit is possible if an officer’s PCA after considering all available information places the driver at?
A
Assaultive or above, Or the offence harm risk is assessed to be high
17
Q
If a pursuit is initiated, the fleeing driver framework must be continually applied to determine ?
A
If there are any changes in the circumstances, and ongoing reassessments of the appropriate tactical response. This must be informed by a continuous TENR risk assessment.
18
Q
Officers must request support whenever their TENR assessment identifies a specific risk to signalling a driver to stop such as
A
- The behaviour of the vehicle occupants or
- checks and/or observations that lead you to suspect the driver may flee/ fail to remain stopped.
19
Q
If the information available indicates a driver is likely to flee the emergency communication centre must be advised of: (4)
A
- The initial reason for wanting to stop the driver and
- the intention to signal the driver to stop and
- whether a pursuit is going to be initiated if the driver fails to stop and
- any plan to stop a fleeing vehicle
20
Q
All drivers who fail to stop or fail to remain stopped after being signalled to do so, will be managed in accordance with this policy this includes drivers who (3)
A
- Are unaware of the signal to stop
- are unaware of the required action when signalled to stop by police or
- deliberately failed to stop or remain stopped
21
Q
What are the four anchoring factors that assist in forming your ongoing TENR risk assessment when determining whether a pursuit should be initiated or continued?
A
- Time of day
- Environment (traffic conditions, location/area
- driver/occupants profile
- offence committed?
22
Q
If the decision is made not to
Pursue a fleeing driver, the officer must:
A
- Communicate this decision to the ECC and request the ECC to create a flee event
- Immediately reduce speed to increase the distance between the fleeing driver and their own vehicle or remain stationary if already stopped
- Deactivate warning devices once below the posted speed limit
- Stop as soon as it is safe to do so
- Advise that the ECC they are stationary and state their specific location
- resume normal duties or deploy to other events as directed
23
Q
If a driver flees when signalled and the officer initiates a pursuit they must (3):
A
- notify the ECC that they have initiated a pursuit and
- Communicate the initial reason for signalling the driver to stop any justification under the fleeing driver framework for initiating the pursuit and
- ensure lights and sirens are used at all times during the pursuit
24
Q
Who has command and control in a pursuit?
A
ECC
25
Any unit can recommend a pursuit to be a abandoned but it only be ordered to be abandoned by:
- the lead or secondary drivers or their passengers
- the field supervisor
- a crew member of the Air Support Unit (eagle)
- the pursuit controller or dispatcher
26
The pursuit MUST be abandoned if:
- the TENR assessment identifies that the risk of harm outweighs the initial or ongoing threat posed by the vehicle occupants and the need to immediately apprehend or
- The pursuing units has sustained loss of visual contact with the fleeing driver or
- The ECC has sustained loss of communication with pursuing units (when factoring in known and black spots in the cell/radio network)
27
The reason to abandon should be communicated to all units and all units MUST:
- Immediately reduce speed to increase the distance between the fleeing driver and their own vehicle
- Deactivate warning devices once below the posted speed limit
- Stop as soon as it is safe to do so
- Advise the EC see they are stationary and state their specific location
- consider options on how to hold offending driver to account
28
What are the 7 tactical options available to monitor or stop the vehicle?
- air support unit
- AOS or STG
- dog unit
- temporary road closure
- cordon and contain
- tyre deflation device (TDD)
29
If vehicle or offender is located following the abandonment of a pursuit and is still driving permission must be obtained from who before signalling the driver to stop?
The pursuit controller, who will also advise whether a pursuit would be possible if the driver flees when signalled.
30
When is a fleeing driver report to be completed and submitted by?
Every FLEE must result in a k6 or k9 prior to the end of the shift. Consider whether a H & S incident or near miss report should be completed.
31
Scenario 1: It is 1am I car locates vehicle Registered to persons unknown In burglary area, 4up And driving slowly appearing to case out properties. Is a road pursuit possible?
Not possible - alternative tactics could be used. this is a suspicious vehicle with no certainty that criminal offending has been committed and no known offence. the risk of ongoing offending/harm/victimisation as minimal so therefore the offence harm risk is low.
32
Scenario two: An I car is patrolling a residential neighbourhood and observed a vehicle travelling in the opposite direction at the speed limit with a smashed quarter light window. the vehicle contains three occupants. police perform a U-turn and in doing so the other vehicle accelerates away. a check on the vehicle shows it was stolen overnight. Is a road pursuit possible?
Not possible - other alternative tactics could be used. this is a volume property offence and the risk of ongoing offending/harm/victimisation is minimal therefore the offending harm risk is low.
33
Scenario three: a vehicle containing four occupants ram raids a liquor store in a suburban town centre. the occupants enter into the store and steal alcohol before leaving the scene in a second vehicle which is observed by CCTV cameras. a patrol car in the area observes the vehicle travelling at speed away from the liquor store . Is a road pursuit possible?
The offence harm risk is high applying TENR will determine whether a road pursuit is possible. evidence suggests offenders involved in Ram raids offend two or more times within one episode. while burglary is a volume property offence it is likely that the offenders will continue to offend and the victimisation caused to businesses owners is/will be significant.
34
Scenario 4: police are notified that an occupant of a vehicle has fired multiple shots from a firearm towards a residential address, shattering front windows of the house. A Neighbour has described the vehicle and indicated to offenders were in the vehicle. a responding patrol car observes the vehicle a short time later travelling down a nearby road. Is a road pursuit possible?
This is an offence with the potential to cause serious harm/injury to any person and it is likely that the offenders will continue to offend or cause ongoing harm/victimisation. the offence harm risk is high. alternatively, an officers PCA would likely place the threat posed by the offender within the assault or death/GBH categories. applying TENR will determine whether a road pursuit is possible .
35
Scenario five: IPT is conducting a road checkpoint. a vehicle with a single occupant is observed weaving in and out of the lane as they approach the checkpoint. the driver undergoes a breath screening test test which identifies the presence of alcohol. the officer asks the driver to pull the vehicle to the side of the road however the driver ignores the officers direction and drives away from the checkpoint. Is a road pursuit possible?
This is traffic offending where if not stopped it is likely that the driver will continue to pose a risk of ongoing harm to themselves or other road users. the offence harm risk is high. applying TENR will determine whether a road pursuit is possible.
36
Scenario six: police are alerted by Waka Kotahi to a vehicle observed on CCTV cameras travelling at speed down the wrong side of the motorway with oncoming traffic swerving to avoid a crash. the vehicle exits the motorway and continues to drive on local roads at speed and in a dangerous manner. Is a road pursuit possible?
This is traffic offending we’re dangerous behaviour is being exhibited prior to police presence. the ongoing risk of harm to other road users is high and an officers PCA would likely place the threat posed by the offender within the assaultive category. applying TENR will determine whether a road pursuit is possible.
37
Scenario seven: A patrolling I car pulls over a motorist for a random breath test, upon speaking to the driver the officer observes a strong smell of cannabis and invokes a warrantless search power under the search and surveillance act. While doing so the officer notices a brick size package containing white powder and several point bags in the foot well of the passenger side of the vehicle, the officer suspects the driver is supplying or distributing methamphetamine. the driver becomes abusive and agitated and refuses to get out of the vehicle and takes off at speed. is a road pursuit possible?
The offence is a high level drugs offence (a class a drug dealing offence) and the risk of ongoing offending/harm/victimisation from any drug distribution or consumption is high. the offence harm risk is high. applying TENR will determine whether a road pursuit as possible.
38
Scenario 8: a patrol vehicle stops a vehicle under the land transport act. when speaking with the two occupants the officer becomes concerned by their defensive language, unwillingness to engage in conversation and agitated behaviour. there is no evidence that the occupants are impaired and no obvious criminal offending has occurred. the vehicle fails to remain stopped and takes off from the vehicle stop. Is a road pursuit possible?
While the occupants have behaved suspiciously there is no certainty that criminal offending has been committed and no known offences. the risk of ongoing harm is minimal so therefore the offence harm risk is low. A road pursuit in these circumstances is not possible however other alternative tactics could be used.
39
What is the role and responsibilities of the air support unit (ASU) in a Fleeing vehicle incident?
- No command and control
- Pursuit controller may request ASU to take over primary responsibility for providing commentary
- Pursuit controller may request ASU to assist in the coordination of ground units to resolve the fleeing driver event safely
- ASU may order abandonment of pursuit if they identify risks to staff/persons.
40
What is the key role and responsibility of AOS or STG and a fleeing vehicle incident?
To Follow the direction of the pursuit controller.
Pursuit controllers, AOS and STG commanders can authorise non-compliant vehicle stops to be carried out by an AOS/STG officer specifically trained to conduct that activity.
41
What is the key role and responsibility of the dispatcher and a fleeing vehicle incident?
- Manages the radio channel throughout the pursuit
- Notifies the pursuit controller and conveys the reason for the pursuit
- May abandon the pursuit prior to the pursuit controller taking command of the event where the reason for the pursuit is not provided or is insufficient to justify a pursuit
- Must abandon the pursuit if a pursuit controller or team leader is not available.
- Ensures all card events for fleeing drivers result in either a K6 or K9.
42
What is the key role and responsibilities of the DCC and NCCC?
Have no command role and fleeing driver events however may provide situational intelligence to staff and the ECC
43
What is the key role and responsibilities of the field supervisor in a fleeing vehicle event?
A field supervisor will:
- Maintaining oversight during the pursuit and may direct abandonment at any time
- Provide support to staff and the pursuit controller, avoiding direct involvement in the pursuit where possible
- Continuously perform own TENR assessment to assess whether the risks associated with the pursuit continue to be justified.
44
What is the role and responsibilities of the initiating unit in a fleeing driver event?
- To advise the ECC of the pursuit including the initial reason for signalling the driver to stop, location, direction and vehicle description.
- Should the pursuit controller give acknowledgement of a pursuit to the initiating unit, the initiating unit must:
- acknowledge and comply with all directions from the ECC.
- Continuously perform a TENR assessment to assist with other risks associated with the pursuit continue to be justified.
- Ensure all relevant risk information is communicated to the ECC
Post event the initiating unit will complete the relevant sections of the fleeing driver report
45
The initiating unit will abandon a pursuit for the following reasons:
- The TENR assessment identifies that the risk of harm outweighs the initial threat posed by the vehicle occupants and the need to immediately apprehend or
- Contact is lost with the fleeing driver
- Sustained communication is lost with the ECC or
- If ordered to do so by the pursuit controller
46
What is the roles and responsibilities of the level 1 reviewer in a fleeing driver event?
Reviews the fleeing driver report to ensure compliance with policy and legislation
47
What is the role and responsibility of a level 2 reviewer?
- Reviews the fleeing driver notification to ensure compliance with policy and legislation
- Reviews the ECC audio recording
- Reviews any ASU footage in conjunction with an ASU representative in compliance with a digital photography policy
- Identifies and effectively manages or escalates any health and safety risks, training issues , systematic issues or lessons learnt
48
What is the roles and responsibilities of a pursuit controller in a fleeing driver incident?
ECC shift commander or suitably trained team leader is responsible for the control and command of the pursuit.
confirming the initial reason for signalling the driver to stop and the justification for the pursuit and can direct the abandonment of the pursuit at any time.
will continuously perform their own TENR assessment to ensure that the risk associated with the pursuit continues to be justified.
Where resources allow a pursuit controller should:
- Ensure a secondary vehicle takes over the pursuit commentary if the initiating unit is single crewed.
- replace unmarked vehicles with marked vehicles at the earliest opportunity
- replace a single crewed initiating unit with a two person unit as soon as practicable
- limit the number of police units following the fleeing driver so no more than two unless tactically appropriate
- coordinate tactical units and options to resolve the event safely including ASU.
- Monitor situation reports to ensure sufficient risk information has been provided to enable informed decision-making .
pursuit controllers may authorise a suitably trained iOS or STG member to perform a non-compliant vehicle stop
