Ch 6 - Road Policing Flashcards
What is urgent duty driving?
Driving above the speed limit or natural flow of traffic and at intersections.
UDD must be able to be justified in response to the threat, and where ever possible, lights and sirens are continually used unless a tactical response is undertaken.
Overriding principles of urgent duty driving
Overarching principle: public and police employees safety takes precedence over the necessity to undertake UDD.
- Public / Police safety must be prioritized
- UDD conducted in safest possible manner
- Must drive at a speed and manner appropriate to circumstances.
- Individually legally responsible for actions.
- Use threat assessment tool TENR
- Category A vehicle preferred for UDD
What is a critical incident?
- force or threat of force involved
- any person faces the risk of serious harm
- Police responding to people in the act of committing a crime
When must warning devices be used during UDD?
Police MUST use red and blue flashing lights and sirens at all times (continuously) while undertaking urgent duty driving unless a ‘tactical approach’ is used.
What is a tactical approach?
UDD without the activation of warning lights or sirens.
Vehicle speed and manner of driving must reflect and take into account the increased risk resulting from the absence of warning devices.
I neither lights nor sirens are used, then the defenses of proceeding against traffic signals or through intersections do not apply.
Tactical response cannot be used during fleeing driver incident.
What are the overall principles of a fleeing driver incident?
- safety of public, vehicle occupants, police takes precedence over immediate apprehension
- a driving failing to stop or remained stopped, is not sufficient reason to commence a pursuit.
- Investigation is preferred
- pursuit justified when threat posed by vehicle occupants prior to signaling to stop, outweighs risk of harm created by pursuit
- Police will consider likely impact of any response on the risk of harm (esp when children YP involved.
- all staff share collective responsibility to ensure fleeing driver event managed safely
- decision not to pursue or abandon will be supported
- fleeing driver incidents will be investigated to identify the offenders
- fleeing driver events will be reviewed in timely manner for health and safety risks, training issues, systemic issues or lessons learnt
- staff may be criminally liable if manner of driving contravenes legislation
What must the initiating unit say to comms when commencing pursuit?
“Comms, call sign, in pursuit, initial reason for signaling the driver to stop, direction on road’
If there are two vehicles following a fleeing driver can a third vehicle join?
No, only two vehicles following.
What are the 7 steps to abandoning a pursuit?
- Acknowledge the direction to abandon pursuit.
- Immediately reduce speed.
- Deactivate warning devices once below speed limit.
- Stop as soon as it is safe.
- Advise pursuit controller you are stationary and state their specific location.
- Stop actively searching for the offending driver, unless authorized by P.C.
- Resume normal duties or deploy to other events as directed.
S114 Land Transport Act 1998
Power to require driver to stop
(1) a constable in uniform may signal a driver to stop the vehicle as soon as practicable
(2) Displaying flashing blue or blue and red lights or sounding a siren require a driver of other vehicle to stop.
(2A) vehicle must remain stopped for as long as is reasonably necessary
(3) Officer may require driver:
(a) remain stopped for as long as reasonably necessary to obtain particulars or complete exercise of power
(b) on demand provide:
- full name, full address, DOB, occupation, telephone number, or such particulars
- state whether owner of vehicle
- if not owner, give name and address of owner of vehicle.
(5) can make stop for as long as reasonably necessary but no longer than 15 min.
The driver of a vehicle provides false details to a constable after being stopped by flashing red and blue lights. The vehicle has been stopped for 20 minutes and the driver wants to leave.
What powers do you have?
S114 Land Transport Act 1998
(6) Constable may arrest person without warrant if G.C.T.S person of having:
(a) failed to comply with this section or a signal or request or requirement under this section or
(b) given false or misleading info under this section.
What are the obligation to the property owner when freshly pursuing in relation to s119 LTA?
S119 - GCTS contravened s114 or driving under the influence of drink or a drug or both and is freshly pursuing that person.
Obligation to tell the occupant of the address entered
- name
- act entering under being s119 LTA 1998
S35 Policing Act 2008
Temporary Road Closure
Can you block / close a personal driveway?
Yes - under s35 Policing Act 2008
(1) temporarily close to traffic any road or part of if RCTB:
- public disorder exists OR
- danger to member of public exists or may reasonably be expected OR
- offence punishable by imprisonment by 10 or more years
(2) Road has the meaning:
- motorway
- private road
- private way
Temporarily - reasonably necessary in Circe
Traffic - all or any specific type of traffic including pedestrians
