6. Road Policing Flashcards
What is the overwriting principle of urgent duty driving?
Public and Police employee safety takes precedence over the necessity to undertake urgent duty driving
What are additional principles with urgent duty driving?
- 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
No duty is so urgent that it requires the public or police to be placed at what?
Unjustified risk
What is urgent duty driving?
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
What is a serious incident?
T.H.C
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
What factors should be considered when deciding whether to commence/continue urgent duty driving?
T.N.E.D.W.V
- 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
Any tactical approach must be what to the incident?
P.S.T
- Proportionate to the incident with TENR assessment
- Be able to be executed safely.
- To only be used in justifiable circumstances
Unless using a tactical approach, what must Police continuously use while undertaking urgent duty driving?
Police must use red/blue flashing lights and sirens at all times while undertaking urgent duty driving- They do not guarantee safety
Can a tactical approach be used once a fleeing driver incident is initiated?
No. Deactivation of warning devices must be in line with the fleeing driver abandonment procedure
Are there any defences to urgent duty driving?
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
What is a fleeing driver? The decision to signal a driver to stop must be made by what application?
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
The TENR risk assessment is where you balance what?
- 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
The police response to a fleeing driver event must be what?
R.L.J.C
- Reasonable, proportionate and necessary
- Lawful
- Justified, considering all the circumstances and
- Compliant with police instructions and policy
What takes priority over the immediate apprehension of a fleeing driver?
Safety of police, public, vehicle occupants including children
What must be given consideration when conducting a TENR risk assessment and determining the appropriate response?
The actions and behaviour of a driver/occupants prior to Police presence were known
What legislation may be applicable to a fleeing driver event?
Crimes act, health and safety at work act, land transport act, land transport rule, policing act, search surveillance act
Related policies include?
- Debrief policy
- Digital photography policy
- Impounding vehicles investigation
- Perimeter control
Officers must request support whenever the TENR assessment identifies a specific risk to signalling a driver to stop such as?
- The behaviour of the vehicle occupants or
- Checks or observations that lead you to suspect the driver may flee/fail to remain stopped
What two potential justifications to initiate/continue a pursuit are there?
- 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
What must the ECC be made aware of if information available Indicates a driver is likely to flee?
- 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
If the decision is made not to pursue a fleeing driver, what must the officer do?
- 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.
When a driver flees and officer initiates a pursuit, what must they do?who has control?
- 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
If the continuous TENR assessment determines that risk outweigh the necessity to continue the pursuit, what must you do?
Abandon the pursuit
Who can abandon a pursuit?
- The lead or secondary vehicle drivers or passengers
- The Field supervisor
- A crew-member of Eagle
-The pursuit controller or dispatcher
When must the pursuit be abandoned
- 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
What tactical options could be used to monitor/stop the vehicle when a driver flees?
-Dog
- Temporary road closure
- Corden and contain
- Tyre deflation device
The fleeing driver report must be completed for every fleeing driver event regardless of a pursuit or not. What else should occur?
Inquiries to identify locate the fleeing driver as part of a ongoing investigation
- Enquiries with registered owner for review or CCTV footage
When determining whether to engage in pursuit, what should you consider?
What is the offence harm?What is the threat posed by the offender?
Apply TENR will determine whether a road pursuit is possible
What is a tyre deflation device?
- Tactical option to safely resolve incidents involving vehicles
- Designed to deflate tyres in a controlled manner to prevent blowouts and slow the vehicle
Prioritising safety over the immediate apprehension of an offending driver is critical to ensuring what?
- The safety of all
- Reducing trauma
- Maintaining public trust and confidence in Police.
What is the overriding principle when applying TENR in relation to TDD?
- Safety is success.
- Every effort must be made to maximise safety and minimise harm
What is the preferred TDD method?
The Pull method
Police should ensure what with TDD?
- 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
Where is legal authority to deploy TDD from?
S39 to 48 crimes act 1961.
S41 -prevents escape to avoid arrest
S62 - excess use of force
TDD must not be used when?
- 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
When can TDD be deployed?
- Fleeing driver not pursued
- Fleeing driver pursued
- Pre-emptive deployment
- Special operations
In a fleeing driver not pursued event , can staff self authorise TDD deployment?
Yes, but authorisation must be obtained from ECC prior to deployment.
- Field supervisor may take commander control of the event
The TDD site must be?
- 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
What is considered solid cover?
Fixed objects such as overpass, pillars, buildings, guard rail, and bridge abutments.
* Police vehicles are not cover
If the decision to abandon TDD deployment occurs, what will you then be directed?
Cease TDD deployment now
Should you wear high visibility garments when deploying TDD?
Carefully assess the risk. Not wearing a high visibility garment when deploying TDD.
How do you report a TDD?
Via an OnDuty fleeing driver report
What should you do if injury or Near miss occurs?
Report must be made using the My Police incident reporting form
What is S113 LTA 1998?
Police may enforce transport legislation
What is s 114?
Power to require driver to stop and give name and address
What is S119?
Powers of entry
What is s120?
Arrest of persons for alcohol or drug related offences or assault
What is S121?
Police may give directions to driver or immobilise vehicle in specified circumstances
What is Tapara v Police? Stopping vehicles
Wishing to talk to a passenger in a vehicle does not meet S114
R v T? Stopping vehicles
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
Johnston v Police -Stopping vehicle. Masterton case with toolbox
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
Police v Duff - conducting enquiries on roadside.
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.
Page v Police - Failure to identify
Failure to identify himself and inform them of the power of entry was being exercised under S119
What is s35 temporary closing of roads
RGTB
- Disorder exists or
- Danger to a member of public exist or
- An offence punishable by 10 years imprisonment has been committed or discovered
The Fleeing Driver framework sets out two potential justifications to initiate or continue a pursuit, either of which must be met. What are they?
- 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
Fleeing driver framework
What should you consider?
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.
What is a relevant consideration whether to deploy TDD?
The time delay between the driver initially being signal to stop and the vehicle being located
Pursuit on its own is not a way to stop a vehicle but rather it provides what?
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
What are the four anchoring factors that assist in informing your ongoing TENR risk assessment to consider with a pursuit?
T.E.D.O
- Time of day
- Environment, Traffic conditions/Location/Area
- Driver/occupants profile
- Offence
Are breaches of statute unlikely to be a defence?
Yes. This particularly applies to excessive speed giving rise to a dangerous speed charge
What is a tactical approach?
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.
