6.1 Road Policing Flashcards
What is the overriding principle in regards to urgent duty driving?
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.
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?
What continuous assessment should be made while operating a Police vehicle?
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 the risk
Urgent duty driving:
Situations when you would use a tactical approach include:
- Approaching the scene of a serious crime in progress
- Attending a report of a suicidal person
- obtaining evidence of speeding offence
Any tactical approach must be proportional to the incident. A tactical approach whilst exceeding the speed limit can only be used in justifiable circumstances.
What are the main things an Officer who is pursuing a vehicle (or managing the pursuit) need to be aware of?
- 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
Who can abandon a pursuit?
Answer:
The lead or secondary vehicle drivers or their passengers, the field supervisor, or the pursuit controller or the dispatcher. Air support unit
What is the overarching principle in terms of a fleeing driver incident?
Answer:
The overarching principle is that public and police employee safety takes precedence over the immediate apprehension of a fleeing driver.
What should other Police vehicles (excluding lead or secondary vehicles) do during a pursuit?
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
What steps do you take following a direction (or decision) to abandon a pursuit?
Hint: A. I. D. S. C
- 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
- advise comms of location and that you are stationary
- Stop actively looking unless authorised
- COMMENCE inquiry phase
A. I. D. S. C
What legislation is relevant to stopping a vehicle in a fleeing driver pursuit?
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.
Land Transport Rule 2004 - Rule 5.3 provides a defence for police for speeding if…
- The vehicle being used by a constable engaged in urgent duty driving and compliance with the speed limit would likely prevent the execution of the officers duty
- The vehicle was an emergency vehicle being used in an emergency and activating red and blue lights or siren or both
Police must reduce speed to 20km/hr when proceeding through an intersection
Does Sec 114 permit police to stop a vehicle for any reason at all (eg to stop vehicle to interview passenger)?
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)
Sec 114 LTA - 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.
Sec 35 - What grounds should exist for 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 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
What must be given when using s119 SAS.
RAIN
Power of entry however RAIN must be given
What is an underlying safety consideration when urgent duty driving is to be engaged?
Answer:
That no duty is so urgent that it requires the public or Police to be placed at an unjustified risk.
What are reasons for Urgent Duty Driving?
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
What is the definition of Urgent Duty Driving?
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
When Police are involved in urgent duty driving Police must use what in terms of warning devices?
Answer:
Police must use red and blue flashing lights and siren at all times while undertaking UDD unless a tactical approach is used.
What are the overall principles regarding fleeing drivers? (5)
S.D. D. L. J.
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
What must you consider as part of your initial TENR risk assessment for starting a pursuit (3)
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
What does section 113 of the land transport legislation allow an officer to do? (Lots)
How must the officer be dressed?
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
What section allows you to close a road in the Policing Act 2008?
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 at that place
or offense punishable by 10 or more years in prison and has been committed or discovered at or near that place
Under section 114 of the Land Transport Act 1998a what power does an officer have?
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.
