6. RP Urgent Duty Driving Flashcards
Must Know - What must I justify when urgent duty driving?
Urgent duty driving must be able to be justified in response to the threat, and wherever possible, lights and sirens are continually used unless a tactical response is undertaken
What is the risk assessment tool that I must continually use.
Ensuring a continuous risk assessment (TENR – Threat – Exposure- Necessity-Response) while operating a Police vehicle, will assist in minimising risks to all.
Tell me about the why of urgent duty driving
Prioritising safety by driving with a high standard of care to minimise exposure to risk is critical to reducing road trauma, and ensuring trust and confidence in Police vehicle operation.
Tell me about the how of urgent duty driving
Police ensure this by: • prioritising Police and public safety when driving, • enforcement officers prioritising safety by driving with a high standard of care, • recognising that no duty is so urgent that it requires the public or Police to be placed at unjustified risk, • enforcement officers being aware that they are individually legally responsible for their actions, • using the Police risk assessment tool TENR, when deciding whether to commence and continue urgent duty driving • continuously using lights and sirens, where fitted, unless a tactical approach is justified.
Tell me about the additional principle of urgent duty driving
Additional principles are: • public and police employee safety must be prioritised; • urgent duty driving must be conducted in the safest possible manner; • enforcement officers must drive at a speed and manner appropriate to the circumstances; • enforcement officers are individually legally responsible for their actions; • enforcement officers will use a risk based assessment (e.g. TENR); and • category A vehicles are preferred for urgent duty driving as they are more visible. Note: Where it is necessary to use a vehicle other than a category A, enforcement officers must factor this into their risk assessment. No additional or different legal exemptions exist. The driver must be able to justify their actions based on all of the circumstances that existed at that time. No duty is so urgent that it requires the public or Police to be placed at unjustified risk.
What must I do if I am not driving a category A vehicle or I am carrying non constabulary members
factor this into their risk assessment. No additional or different legal exemptions exist. The driver must be able to justify their actions based on all of the circumstances that existed at that time.
Must Know - What is urgent duty driving?
Urgent duty driving is when an enforcement officer on duty is driving above the speed limit or the natural flow of traffic, and may not be complying with certain traffic rules and is:
- responding to a critical incident
- gathering evidence of an alleged offence
- apprehending an offender for a traffic or criminal offence
- apprehending a fleeing driver
- providing security to and facilitating the movement of, an official motorcade as part of an operation (as established in the relevant Operation Orders)engaged in activities approved by the Commissioner in writing.
and
are relying on the defences under the Land Transport (Road User) Rule 2004 (RUR)
and the Land Transport Act 1998 (LTA) for not complying with certain traffic rules and regulations which would prevent the execution of that duty.
What is a ‘critical incident’?
- force or the threat of force is involved
- any person faces the risk of serious harm
- Police are responding to people in the act of committing a crime.
What must I consider when deciding to commence urgent duty driving?
- time of the incident (is it in progress?)
- nature and seriousness of the incident
- proximity of incident
- proximity of other units to the incident
- environment, e.g. weather, traffic volume, road type, speed limit and pedestrians etc
- driver classification, vehicle classification and vehicle passengers
- whether warning devices are activated or a ‘tactical approach’ is being used
- vehicle type Situations may change, meaning drivers and enforcement officers who are passengers must constantly re-assess the situation considering all of the factors, including those above, in line with TENR. The manner and speed of driving must be adjusted accordingly (e.g. environmental conditions, incident seriousness or road speed limit).
Must Know - Tell me about the must around Warning Devices
Police must use red and blue flashing lights and siren at all times (continuously) while undertaking urgent duty driving unless a ‘tactical approach’ is used.
Must Know - What must I consider when using a ‘Tactical Approach’?
Vehicle speed and manner of driving MUST reflect and take into account the increased risks resulting from the absence of warning devices.
Can I always use a tactical approach
NO- Undertaking urgent duty driving without the activation of warning lights and/or sirens increases the road safety risks to public and Police. Therefore, using a tactical approach is the exception rather than the rule.
Must Know - What must I take into account when using a ‘Tactical Approach’?
Vehicle speed and manner of driving MUST reflect and take into account the increased risks resulting from the absence of warning devices.
Tell me some examples of when a tactical approach might be used
- approaching a scene of a serious crime in progress.
- attending a report of a suicidal person.
- obtaining evidence of a speeding offence, where the offender’s driving is not dangerous and the risk of not using the warning devices is judged as low.
When using a tactical approach do I have an exemption for proceeding thorugh and intersection?
NO - You will need to justify your decision to use a tactical approach should there be any subsequent investigation. If neither lights nor sirens are used, then the defences for proceeding against traffic signals or through intersections do not apply.
