6.1 Road Policing

Question 1

What is the overriding principle in regards to urgent duty driving?

Answer 1

The overriding 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.

Question 2

When must warning devices be used when conducting urgent duty driving?

Answer 2

Police must use red and blue flashing lights and sirens at all times while undertaking urgent duty driving UNLESS a tactical approach is used.

Question 3

What is a tactical approach?

What continuous assessment should be made while operating a Police vehicle?

Answer 3

Urgent duty driving without the use of either 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.

Answer:
Threat exposure necessity response T.E.N.R should be used while operating a police vehicle and will assist in minimizing risk to allowing

Question 4

Situations when you would use a tactical approach include:

Answer 4

• Approaching the scene of a serious crime in progress
• Attending a report of a suicidal person

Any tactical approach must be proportional to the incident. A tactical approach whilst exceeding the speed limit can only be used in justifiable circumstances.

Question 5

What are the main things an Officer who is pursuing a vehicle (or managing the pursuit) need to be aware of?

Answer 5

• The key objective is to resolve the fleeing driver pursuit as quickly as possible using the least amount of of force in the circumstances.
• An inquiry phase is preferred over a fleeing driver pursuit where possible.
• Public and police employee safety takes precedence over the immediate apprehension of a fleeing driver

Question 6

Who can abandon a pursuit?

Answer 6

Answer:
The lead or secondary vehicle drivers or their passengers, the field supervisor, or the pursuit controller or the dispatcher

Question 7

What is the overarching principle in terms of a fleeing driver incident?

Answer 7

Answer:
The overarching principle is that public and police employee safety takes precedence over the immediate apprehension of a fleeing driver.

Question 8

What should other Police vehicles (excluding lead or secondary vehicles) do during a pursuit?

Answer 8

Answer:
- Must not actively participate in the fleeing driver pursuit or respond unless they are:
- preparing tactical options
- undertaking a temporary road closure
- collecting intelligence
- responding to a pursuit controller direction that could assist in safely stopping the fleeing driver.
- Must cease all non essential communication
- Must not follow behind the pursuit unless directed or approved to do so by the pursuit controller

note: a dog unit where tactically desirable may be in addition to the lead and secondary vehicle

Question 9

What 4 steps do you take following a direction (or decision) to abandon a pursuit?

Hint: A. I. D. C

Answer 9

• 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

A. I. D. C

Question 10

What legislation is relevant to a fleeing driver pursuit?

Answer 10

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.

Question 11

Land Transport Rule 2004 - Rule 5.3 provides a defence for police for speeding if…

Answer 11

• 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
• The vehicle was an emergency vehicle being used in an emergency and was operating a red beacon or siren or both

Police must reduce speed to 20km/hr when proceeding through an intersection

Question 12

Does Sec 114 permit police to stop a vehicle for any reason at all (eg to stop vehicle to interview passenger)?

Answer 12

No

Sec 114 (previously Sec66) does not give police unrestricted rights to interfere with the activities of the citizen.

Case law:
In regards to wanting to speak to the passenger, as the constables were not concerned with any aspect of the Land Transport Act, they could not rely on the powers of Secton (114)

Question 13

Sec 114 - officer requirements

Answer 13

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.

Question 14

Sec 35 - What grounds should exist for Closing of roads

Answer 14

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 RGB 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
  P.D.O.

Traffic means all or any traffic (including pedestrians).

Temporarily means for a period reasonable in the circumstances

Question 15

What must be given when using sec119

Answer 15

RAIN
Power of entry however RAIN must be given

Question 16

What is an underlying safety consideration when urgent duty driving us to be engaged?

Answer 16

Answer:
That no duty is so urgent that it requires the public or Police to be placed at an unjustified risk.

Question 17

What principles ensure public and police safety during urgent duty drives?

Answer 17

• Public in police employee safety must be prioritized
• Urgent duty driving to be conducted as safe as possible
• Officers must drive at the speed appropriate to the circumstances
• Officers individually legally responsible for their actions
• Officers will use TENR continually to assess the incident
• Category A vehicles are preferred for UDD as they are more visible

P.U.C.O.O.O.

Question 18

What are reasons for Urgent Duty Driving?

Answer 18

Answer:
- Responding to a critical incident
- Gathering evidence of an alleged offense
- apprehending offender for a traffic or criminal offence
- Providing security to facilitate the movement of an official motorcade
- engage in activities approved by the commissioner in writing

Question 19

What is the definition of Urgent Duty Driving?

Answer 19

Answer:
When an enforcement officer on duty is driving above the speed limit of the natural flow of traffic, and may not be complying with state traffic rules and is involved or enroute to a critical incident

Question 20

When Police are involved in urgent duty driving Police must use what in terms of warning devices?

Answer 20

Answer:
Police must use red and blue flashing lights and siren at all times while undertaking UDD unless a tactical approach is used.

Question 21

What are the overall principles regarding fleeing drivers?

Answer 21

Answer:
- SAFETY of the public, vehicle occupants and police staff takes precedence

• A DRIVER failing to stop or remain stopped does not in itself a sufficient reason to commence a pursuit
• The DECISION to not pursue or to abandon a pursuit will be supported
• Staff may be criminally LIABLE if their manner of driving contravenes legislation
• A pursuit is only JUSTIFIED when the threat posed by the vehicle, occupant and the necessity to apprehend the driver outweighs the risk of harm created by the pursuit.

S.aD. D. L. J

Question 22

What must you consider as part of your ongoing TENR risk assessment

Answer 22

Answer:
– the initial threat posed by the occupant/s
-The necessity to immediately apprehend the driver and passengers
- The risk of harm to any person created by commencing a pursuit

Question 23

What does section 113 of the land transport legislation allow an officer to do?

How must the officer be dressed?

Answer 23

Answer:
An enforcement officer in enforcing any provisions referred to in subsection (1) may at any time –

Direct person on the road whether in charge of a vehicle or not to give the person‘s full name, full address, date of birth, occupation and telephone number

Inspect, test, and examine the brakes or any part of a vehicle on a road or any associated equipment or

Arrange transport document, or a document resembling a transport document displayed or carried on the vehicle

If the officer BORG a vehicle is an obstruction on the road may enter for the purpose of moving it

Direct the driver or person in charge of the vehicle to remove the vehicle from the road

Forbid an unlicensed driver to drive a motor vehicle

Forbid a person who is operating a transport service without a license to operate a transport service

Direct a person using a vehicle or riding or driving an animal on the road to stop the vehicle animal or to cause it to proceed in or keep to a particular line of traffic or direction

Direct a pedestrian not to proceed across the road in contravention of a direction to stop given by the enforcement officer

Answer:
The officer must be in uniform or wearing a distinctive cap, hat, or a helmet, with a badge of authority affixed to it, who is for the time being engaged in the regulation of traffic on the road

Question 24

What section allows you to close a road in the Policing Act 2008?

Answer 24

Answer:
Section 35 temporary closing the roads.

Answer:
RCTB public disorder exists or is imminent near or at that place, or danger to a member of the public exists or may reasonably be expected,
or offense punishable by 10 or more years in prison and has been committed or discovered at or near that place

Question 25

Under section 114 of the Land Transport Act 1998a what power does an officer have?

Answer 25

Answer:
- Enforcement officer may require the driver of the other vehicle to stop

• Vehicle must remain stopped for as long as is reasonably necessary for the enforcement officer to complete the exercise of any powers conferred with or any duties imposed on the officer
• Give full name full address date of birth ownership of vehicle details etc. to the enforcement officer
• Ask the driver to remain stopped as long as reasonably necessary to enable the officer establish identity of the driver but not for longer than 15 minutes if the requirement to remain stopped is made under this subsection only.
• An enforcement officer may arrest a person without warrant if the officer has good cause to suspect a person of failing to comply with this section or a signal request or giving false or misleading information under this section.

Question 26

What powers of section 120 give an enforcement officer?

Answer 26

Answer:
Arrest a person without warrant has good grounds to suspect that person has-
Committed offense against any of sections 58 to 62, or
Has assaulted that or any other enforcement officer acting in the course of their duty

Person does not complete a compulsory impairment test and a satisfactory mean manner for the officer who is trained to give the test (s71A)

Question 27

What powers does section 121 provide an enforcement officer?

Answer 27

What powers does section 121 provide an enforcement officer?
Answer:
The officer BORG that person in charge of a motor vehicle at time is:

• Is incapable of having proper control of the vehicle due to his/her physical or mental condition, or
• does not complete the compulsory impairment test an satisfactory manner to an enforcement officer who is trying to give the test, or
• fails or refused to undergo compulsive impairment test when required to do so under section 71A, or
• the requirements of any enactment concerning work time or rest time and not being complied with
• in all the circumstances, the direction or Prohibition or action is necessary in the interest of that person or any other person of the public

Question 28

Under section 121 what can the officer do relation to a driver who is deemed incapable of driving?

Answer 28

Answer:
-forbid that person to drive a motor vehicle for such a period as a enforcement officer specifies

• Direct the person to drive the vehicle to a specified place where the driver may obtain rest, or where the load of the vehicle and the conditions make it appropriate that the driver should drive to that place
• Take possession of all ignition or other keys of the vehicle and for that purpose require that person to deliver up immediately all such keys.
• Take such steps as maybe necessary to render the vehicle immobile or move it off the road so not traffic hazard
• forbid a person under subsection 2(a) who has undergone an evidential breath test and that the test is positive for a period of 12 hours unless satisfied there is good reason for imposing shorter prohibition.
• officer may arrest person without warrant who fails to comply with a direction under this section

Question 29

In relation to section 121A what does that give the enforcement officer and what are the conditions that can be imposed?

Answer 29

Answer:
This relates to the directions that the officer may give or immobilize the vehicle if a driver is in breach of certain license conditions.

• Forbid that person to drive a motor vehicle until that person is able to comply with the conditions of that persons learner license or restricted license.
• Direct that person to drive to a specified place
• Take possession of all ignition or other keys of the vehicle
• Take steps to make the motor vehicle immobile or to move the motor vehicle where. It is not a traffic hazard
• Take a position under subsection 2(c) or to mobilize or move under section 2(d) until driver is able to drive the vehicle without breaching any of the conditions or another person is able to drive the vehicle without breaching that persons license or any enactment

Question 30

What was held in TAPARA v Police? Sec 114 Wanting to speak with passenger.

Answer 30

Answer:
Court held that the constables who wished to stop the vehicle under section 66(2) of the Transport Act 1962 (now s114 Land Transport Act 1998) were not justified just because they wanted to speak to the passenger.
There no other justified reason for the vehicle stop associated to driving behavior and under the provisions of section 66 (LTA) do not completely give the officers unrestricted right to stop the vehicle.