6.1 Road Policing Flashcards
What is the overriding principle in regards to urgent duty driving?
The overarching principle is that public and police employee safety takes precedence over the necessity to undertake urgent duty driving.
No duty is so urgent that it requires the public or police to be placed at unjustified risk.
When must warning devices be used when conducting urgent duty driving?
Police must use red and blue flashing lights and sirens at all times while undertaking urgent duty driving unless a tactical approach is used.
What is a tactical approach?
Urgent duty driving without the lights and sirens activated. This increases risks to the safety of Police and public. Therefore, using a tactical approach is the exception rather than the rule.
Situations when you would use a tactical approach include (3):
1) Approaching the scene of a serious crime in progress
2) Attending a report of a suicidal person
3) 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
Any tactical approach must be proportional to the incident. A tactical approach whilst exceeding the speed limit can only be used in justifiable circumstances.
Is there a defence for proceeding against traffic signals or through intersections without lights and sirens activated?
No. Even when using a tactical approach, if neither lights nor sirens are used, then the defences for proceeding against traffic signals or through intersections do not apply.
What is the definition of a fleeing driver (3)?
1) A fleeing driver is a driver who has been signalled to stop by a constable that fails to stop
2) or remain stopped,
3) or a driver who flees as a result of police presence, whether signalled to stop or not.
Fact - What are the five roles who can abandon a pursuit?
- Lead vehicle.
- Second vehicle
- Field supervisor
- Dispatcher
- Pursuit controller
What is the overarching principle in terms of a fleeing driver incident?
The overarching principle is that public and police employee safety takes precedence over the immediate apprehension of a fleeing driver.
How many units are permitted to be behind a fleeing driver?
Two: the initiating and secondary units.
The dog unti may be additional to the initiating and secondary units. Dog units must notify the pursuit controller if they are available to provide tactical assistance.
What steps do you take following a direction (or decision) to abandon a pursuit (5)?
- Acknowledge any direction to abandon the pursuit
- Immediately reduce speed to increase distance
- Deactivate lights and sirens ONLY once below speed limit
- Stop when safe to do so and advise comms of location and that you are stationary
- Commence inquiry phase
Who can conduct a non-compliant vehicle stop?
AOS or STG members who are trained
What two pieces of legislation might you use to stop a car?
Sec 114 Land Transport -
A constable in a vehicle following another vehicle by displaying flashing blue and red lights or sounding a siren, to require the driver of the other vehicle to stop
Sec 9 Search and Surveillance-
Empowers a constable to stop a vehicle if they have reasonable grounds to suspect that a person is unlawfully at large or has committed an offence punishable by imprisonment, and believes the person is in that vehicle.
According to rule 5.3 of the Land Transport Rule, police have a defence for speeding if…(2)
1) The vehicle was being used by a constable engaged in urgent duty driving and compliance with the speed limit would likely prevent execution of the officers duty
2) The vehicle was an emergency vehicle being used in an emergency and was operating a red beacon or siren or both
Fact - What was held in Tapara v Police (1988) with respect to the stopping of his vehicle under the LTA?
Sec 114 does not give police unrestricted rights to interfere with the activities of the citizen and it should not have been used to stop the vehicle for the purpose of interviewing the passenger.
Section 114 - officer requirements
The officer must be in uniform, or wearing a distinctive cap, hat or helmet, with a badge of authority affixed to it or be using flashing blue or blue and red flashing lights and sound a siren when stopping a vehicle.
Section 35 (Policing Act 2008) - Closing of roads
A constable may temporarily close to traffic, any road or part of a road leading to or from the vicinity of a place, if the constable has reasonable cause to believe that
- Public disorder exists or is imminent
- Danger to a member of the public exists or may be reasonably expected at that place
- An offence punishable by 10 years imprisonment has been committed or discovered at or near the place
Traffic means all or any traffic (including pedestrians).
Temporarily means for a period reasonable in the circumstances
Concept - What is the definition of a road according to section 35 of the Policing Act 2008? Why is this section particularly relevant to frontline duties?
A motorway, private road, or private way. You might close a road to traffic (including pedestrians) when dealing with an incident.
What must you include in the initial report of a fleeing driver incident to COMMS?
Location
Direction of travel
Fleeing driver description
Reason for pursuit
Tell me about the case law around section 119 regarding an officer’s obligations when freshly pursing onto private property to breath test?
Section 119 LTA places upon the officer in such circumstances an inescapable duty to identify himself and to tell the person pursued and the occupant of the premises that the power of entry is being exercised under the section; the police failed to discharge that duty.
What is section 113 LTA specifically written for?
The enforcement of transport legislation.
Under section 114, LTA 1998, what powers do enforcement officers have (5)?
1) Stop and remain stopped
2) Demand driver details
3) Ask drive to state whether they are the owner of the vehicle
4) If driver is not the owner, to provide details of the owner.
5) May arrest if GCTS they have failed to comply with a request or given false or misleading information.
What power does Section 119, LTA 1998, give Police?
Police may enter if in fresh pursuit, a driver who has, refused to give details, driven dangerously or recklessly, or driven under the influence of drink or drug, to carry out EBA procedures or complete roadside procedures as if the person were sill in a vehicle on a road.
Section 121 - Enforcement officer may immobilise vehicle, etc, in specified circumstances? What are they?
RGTB either
a) person in charge of vehicle
i) physically/mentally unable to control vehicle
ii) not completed compulsory impairment testing
iii) failed/refused compulsory impairment test
b) not rested
c) public interest
Tell me about the case law around 114 where the constable just wanted to talk to a passenger and the vehicle failed to stop.
His honour went on to say that as the constables were not concerned with any aspect of the Transport Act but simply wished to talk to the passenger of the vehicle they could not rely on their power under s 114 to stop the vehicle.
