Chaoter 6.2 - Road Policing Fleeing Driver Policy

Question 1

Police pursuing or managing the pursuit of a fleeing driver must be aware of these key points

Answer 1

The decision to commence continue or abandon a fleeing driver pursuit must be continually assessed and reassessed in accordance with TENR

Public and police safety takes precedence over immediate apprehension of fleeing driver
Resolving the fleeing driver pursuit as safely and quickly as possible
An inquiry phase is preferred over fleeing driver of possible
Decision to abandon fleeing driver incidents will be supported

Question 2

What is a fleeing driver

Answer 2

Is a driver that has been signalled to stop by an enforcement officer but has failed to do so.

Question 3

How police conduct and manage fleeing driver incidents must balance

Answer 3

Public and police employee safety
Risks involved
The public interest in apprehending those who fail to stop

Question 4

Overall principals fleeing driver

Answer 4

Fleeing driver incidents must be managed in the safest possible manner

Fleeing driver incidents will on,y be commenced continued when serious offence and nesscity of apprehension outweigh the risk of pursuing

The fact that a driver fleeing does not in itself justify a fleeing driver pursuit

Fleeing drivers will be held to account

Police employees will use risk based assessments and apply flexible response to changing circumstances

Question 5

Fleeing driver inquiry phase

Answer 5

May consist of the following actions

Aircraft monitors the fleeing driver to allow enquiry phase
OBS on known addresses
R/o vehicle inquires
Speed camera photographs
U/l takes enquires 
Petrol drive offs
CCTV enquires
Sec 118 lta notice to r/o
28 day impoundment

Question 6

Fleeing driver tactical options include

Answer 6

Abandon pursuit (pursuit controller/lead car)
Aerial surveillance (pursuit controller)
Dog unit (dog handler)
Inquiry phase (pursuit controller/lead car)
Moving block (AOS or STG commander)
Tyre deflation device (pursuit controller or trained officer)
Temporary road closure (authorised by pursuit controller)

Question 7

Powers in respect of fleeing drivers

Answer 7

Section 114 LTA
Section 9 search and surveillance act (stop vehicle if person unlawfully at large)
Section 121 search and surveillance act (stop and search vehicle without warrant)
Section 39 crimes act (force used to execute arrest)
Land transport rule 2004 (rule 5.1(3))