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CPK 2024 > 6. Road Policing > Flashcards

6. Road Policing Flashcards

1
Q

What is the overwriting principle of urgent duty driving?

A

Public and Police employee safety takes precedence over the necessity to undertake urgent duty driving

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2
Q

What are additional principles with urgent duty driving?

A
  • Public and Police employee safety must be prioritised
  • Urgent duty must be conducted in the safest possible manner
  • Enforcement officers must drive at a speed/manner appropriate to the circumstances
  • Enforcement officers are individually legally responsible for the actions
  • Enforcement officers will use TENR
  • Category A vehicles are preferred for urgent duty driving as they are more visible
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3
Q

No duty is so urgent that it requires the public or police to be placed at what?

A

Unjustified risk

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4
Q

What is urgent duty driving?

A

When Police on duty may not be complying with certain traffic rules and may be using lights and sirens
- Responding to a serious incident
- Gathering evidence of an alleged defence
- Apprehending an offender for an alleged offence
- Responding to a fleeing driver
- Providing security to and facilitating the movement of an official motorcade as part of an operation
- Performing an urgent duty comply with the speed limit, it will hinder that duty
- Engaged in Activities approved by the commissioner in writing
- relying on LT Act 1998 and Land Transport Rule 2004 would prevent the Execution of that duty

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5
Q

What is a serious incident?

T.H.C

A

Situations where
- Force/threat of force is involved
- Any person faces the risk of serious harm
- Police are responding to people in act of committing a crime

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6
Q

What factors should be considered when deciding whether to commence/continue urgent duty driving?

T.N.E.D.W.V

A
  • Time of incident (Is in progress?)
  • Nature and seriousness of the incident
  • Proximity of other units to the incident
  • Environment weather, traffic, road type, speed limit, pedestrians
  • Driver classification, vehicle classification, vehicle passengers
  • With warning devices are activated or tactical approaches being used and
  • Vehicle type
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7
Q

What is a tactical approach?

A

Undertaking urgent duty driving without activation of lights/sirens increases the road safety risk to the public and Police.
- Using a tactical approach as the exception rather than the rule

Tactical approach can involve:
- adjusting vehicle Speed
- Turning off/not activating the siren
- Turning off/not activating lights

This can also provide opportunities to gather evidence e.g.
- Approaching a serious Crime scene In progress
- attending a report of a suicidal person- Obtaining evidence of a speeding offence, Is not dangerous and the risk of not using the warning devices as judged as Low.

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7
Q

Any tactical approach must be what to the incident?

P.S.T

A
  • Proportionate to the incident with TENR assessment
  • Be able to be executed safely.
  • To only be used in justifiable circumstances
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8
Q

Unless using a tactical approach, what must Police continuously use while undertaking urgent duty driving?

A

Police must use red/blue flashing lights and sirens at all times while undertaking urgent duty driving- They do not guarantee safety

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9
Q

Are breaches of statute unlikely to be a defence?

A

Yes. This particularly applies to excessive speed giving rise to a dangerous speed charge

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9
Q

Can a tactical approach be used once a fleeing driver incident is initiated?

A

No. Deactivation of warning devices must be in line with the fleeing driver abandonment procedure

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10
Q

Are there any defences to urgent duty driving?

A

In order for exemption to apply, warning devices must be activated.

Exceeding speed limit
- engage an urgent duty and to comply with a speed limit would be likely to prevent the duty being executed
- Driving an emergency vehicle and an emergency operating a red beacon or a siren or both
- Vehicle is on a road with a speed limit of 60 km/h and your transporting or ministers of the Crown for urgent public business.

Proceeding against a stop sign/intersection
- Driving an emergency vehicle with lights and sirens
- Not exceeding 20 km/h
- Taking care to avoid collisions with pedestrians and other traffic

28 day licence suspension
- Police performing urgent duty driving comply with the speed limit is likely to prevent or hinder that duty being executed

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11
Q

What is a fleeing driver? The decision to signal a driver to stop must be made by what application?

A

Fleeing driver is -
A driver has been signalled to stop by Police but fails to stop/remains stopped or
- A driver who flees as a result of Police presence with a signal to stop or not

Fleeing driver framework and performing a continuous TENR Risk assessment

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12
Q

The TENR risk assessment is where you balance what?

A
  • Threat is the potential exposure by the vehicle occupants
  • Necessity to immediately apprehend the driver/passengers and
  • The ongoing risk of harm to any person, property or public interest if occupants are not apprehended
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13
Q

The police response to a fleeing driver event must be what?

R.L.J.C

A
  • Reasonable, proportionate and necessary
  • Lawful
  • Justified, considering all the circumstances and
  • Compliant with police instructions and policy
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14
Q

What takes priority over the immediate apprehension of a fleeing driver?

A

Safety of police, public, vehicle occupants including children

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15
Q

What must be given consideration when conducting a TENR risk assessment and determining the appropriate response?

A

The actions and behaviour of a driver/occupants prior to Police presence were known

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16
Q

What legislation may be applicable to a fleeing driver event?

A

Crimes act, health and safety at work act, land transport act, land transport rule, policing act, search surveillance act

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17
Q

Related policies include?

A
  • Debrief policy
  • Digital photography policy
  • Impounding vehicles investigation
  • Perimeter control
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18
Q

Officers must request support whenever the TENR assessment identifies a specific risk to signalling a driver to stop such as?

A
  • The behaviour of the vehicle occupants or
  • Checks or observations that lead you to suspect the driver may flee/fail to remain stopped
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19
Q

What two potential justifications to initiate/continue a pursuit are there?

A
  • Based on the threat posed by the driver/occupants as determined by an officers perceived cumulative Assessment,Situation and Subjects 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.

Driver might be assessed as assaultive or the offence harm assessed to be high

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20
Q

What are the four anchoring factors that assist in informing your ongoing TENR risk assessment to consider with a pursuit?

T.E.D.O

A
  • Time of day
  • Environment, Traffic conditions/Location/Area
  • Driver/occupants profile
  • Offence
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20
Q

What must the ECC be made aware of if information available Indicates a driver is likely to flee?

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
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21
Q

If the decision is made not to pursue a fleeing driver, what must the officer do?

A
  • Advise ECC and request a flee event
  • Immediately reduce speed to increase distance
  • Deactivate warning devices
  • stop
  • advise ECC when stationary and state specific location - resume normal duties.
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22
Q

Pursuit on its own is not a way to stop a vehicle but rather it provides what?

A

Way of maintaining visibility and observation of the vehicle while a plan is developed to stop the vehicle or put alternate observation options in place

22
Q

When a driver flees and officer initiates a pursuit, what must they do?who has control?

A
  • Notify the ECC that you have initiated a pursuit
  • Communicate the initial reason for it and justification
  • Ensure lights and sirens are on

ECC have command and control

23
Q

If the continuous TENR assessment determines that risk outweigh the necessity to continue the pursuit, what must you do?

A

Abandon the pursuit

24
Q

Who can abandon a pursuit?

A
  • The lead or secondary vehicle drivers or passengers
  • The Field supervisor
  • A crew-member of Eagle
    -The pursuit controller or dispatcher
25
Q

When must the pursuit be abandoned

A
  • The TENR assessment identifies that the risk of harm outweigh the initial or ongoing threat posed by the vehicle occupants and the need to immediately apprehend or
  • The pursuing unit has sustained loss of visual contact with the fleeing driver or
  • The ECC has sustained loss of communication with pursuing unit
26
Q

What tactical options could be used to monitor/stop the vehicle when a driver flees?

A

-Dog
- Temporary road closure
- Corden and contain
- Tyre deflation device

27
Q

The fleeing driver report must be completed for every fleeing driver event regardless of a pursuit or not. What else should occur?

A

Inquiries to identify locate the fleeing driver as part of a ongoing investigation
- Enquiries with registered owner for review or CCTV footage

28
Q

When determining whether to engage in pursuit, what should you consider?

A

What is the offence harm?What is the threat posed by the offender?
Apply TENR will determine whether a road pursuit is possible

29
Q

What is a tyre deflation device?

A
  • Tactical option to safely resolve incidents involving vehicles
  • Designed to deflate tyres in a controlled manner to prevent blowouts and slow the vehicle
30
Q

Prioritising safety over the immediate apprehension of an offending driver is critical to ensuring what?

A
  • The safety of all
  • Reducing trauma
  • Maintaining public trust and confidence in Police.
31
Q

What is the overriding principle when applying TENR in relation to TDD?

A
  • Safety is success.
  • Every effort must be made to maximise safety and minimise harm
32
Q

What is the preferred TDD method?

A

The Pull method

33
Q

Police should ensure what with TDD?

A
  • Safety. No incident is so urgent that it requires the public or police to be placed at unjustified risk
  • Preference for safe TDD is the “pull method”.
  • staff only deploy TDD when legally, Circumstances it can be deployed safely from behind solid cover
  • Staff deploying TDD are appropriate trained and continually use TENR
  • Staff are aware not to hold the rope
  • Staff are legally responsible for their actions
34
Q

Where is legal authority to deploy TDD from?

A

S39 to 48 crimes act 1961.
S41 -prevents escape to avoid arrest
S62 - excess use of force

35
Q

TDD must not be used when?

A
  • Motorbikes
  • Locations where there is high pedestrian or vehicle traffic/lots of parked cars
  • in locations with road construction or
  • where there’s likelihood of injury to any person
  • no Trucks
36
Q

When can TDD be deployed?

A
  • Fleeing driver not pursued
  • Fleeing driver pursued
  • Pre-emptive deployment
  • Special operations
37
Q

In a fleeing driver not pursued event , can staff self authorise TDD deployment?

A

Yes, but authorisation must be obtained from ECC prior to deployment.
- Field supervisor may take commander control of the event

38
Q

What is a relevant consideration whether to deploy TDD?

A

The time delay between the driver initially being signal to stop and the vehicle being located

38
Q

The TDD site must be?

A
  • Provide solid cover to protect the deploying officer
  • Provide a clear view of the road and order directions, allowing the target vehicle to be observed as it approaches
  • Not be on or immediately before a bend or intersection
  • Provide a safe escape route
  • Provide enough space to deploy the device, but not so they can easily avoid TDD
  • Be far enough away from the target vehicle to provide sufficient time to deploy the TDD
39
Q

What is considered solid cover?

A

Fixed objects such as overpass, pillars, buildings, guard rail, and bridge abutments.
* Police vehicles are not cover

40
Q

If the decision to abandon TDD deployment occurs, what will you then be directed?

A

Cease TDD deployment now

41
Q

Should you wear high visibility garments when deploying TDD?

A

Carefully assess the risk. Not wearing a high visibility garment when deploying TDD.

42
Q

How do you report a TDD?

A

Via an OnDuty fleeing driver report

43
Q

What should you do if injury or Near miss occurs?

A

Report must be made using the My Police incident reporting form

44
Q

What is S113 LTA 1998?

A

Police may enforce transport legislation

45
Q

What is s 114?

A

Power to require driver to stop and give name and address

46
Q

What is S119?

A

Powers of entry

47
Q

What is s120?

A

Arrest of persons for alcohol or drug related offences or assault

48
Q

What is S121?

A

Police may give directions to driver or immobilise vehicle in specified circumstances

49
Q

What is Tapara v Police? Stopping vehicles

A

Wishing to talk to a passenger in a vehicle does not meet S114

50
Q

R v T? Stopping vehicles

A

It is not lawful to use S114 to stop a vehicle for a purpose unrelated to traffic enforcement. Every vehicle stopped must be legally justified

51
Q

Johnston v Police -Stopping vehicle. Masterton case with toolbox

A

Officers weren’t in uniform and didn’t produce identification and did not put lights on or sirens to pull the vehicle over.did not comply with s114

52
Q

Police v Duff - conducting enquiries on roadside.

A

S114 allows power to stop and requires a driver to remain stopped for a reasonable length of time, to complete the exercise of any powers.

53
Q

Page v Police - Failure to identify

A

Failure to identify himself and inform them of the power of entry was being exercised under S119

54
Q

What is s35 temporary closing of roads

A

RGTB
- Disorder exists or
- Danger to a member of public exist or
- An offence punishable by 10 years imprisonment has been committed or discovered

55
Q

The Fleeing Driver framework sets out two potential justifications to initiate or continue a pursuit, either of which must be met. What are they?

A
  • Based on the threat posed by the driver/occupants is determined by an officers perceived cumulative assessment of the situation 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/occupant committing ongoing offending, harm or victimisation

A pursuit is possible if an officer perceived cumulative assessment after considering all available information places the driver/occupants at assaultive or above, or the offence-harm Risk is assessed to be high

56
Q

Fleeing driver framework
What should you consider?

A

Perceived cumulative assessment

Seriousness of the offence and the risk of ongoing offending, harm or victimization- offence/harm risk

TENR

Threat - subjects intent, capability or opportunity along with physical environment
Exposure - awareness of the need to intervene - act noe, later or not at all
- Response - proportionate, timely, reasonable and lawful police actions using tactical and tactical options.

CPK 2024 (20 decks)

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