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