Chap Six - 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:
- 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.
Is there a defence for proceeding against traffic signals or through intersections without lights and sirens activated?
No
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 is the key objective.
- 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?
The lead or secondary vehicle drivers or their passengers or the 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.
What should other Police vehicles (excluding lead or secondary vehicles) do during a pursuit?
- Must not actively participate in the fleeing driver pursuit or respond unless they are preparing tactical options, undertaking a temporary road closure, collecting intelligence or are 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?
- 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 legislation is relevant to 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 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
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 Sec 66 (114)
Sec 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.
