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CPK 2021 *** > Chapter 6: Road Policing ** > Flashcards

Chapter 6: Road Policing ** Flashcards

1
Q

Road Policing

When is urgent duty driving justified?

A

Urgent duty driving must be justified in response to the threat, and wherever possible, lights and sirens are continually used unless a tactical response is undertaken.

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2
Q

Road Policing

What is the overarching principle for urgent duty driving?

What are the additional principles?

A

Public and Police employee safety takes precedence over the necessity to undertake urgent duty driving.

Additional principles:

  • public and police employee safety must be prioritised
  • UDD must be conducted in the safest possible manner
  • enforcement officers must drive at a speed and manner appropriate to the circumstances
  • enforcement officers are individually legally responsible for their actions
  • enforcement officers will use the threat assessment tool (eg TENR)
  • category A vehicles are preferred for urgent duty driving as they are more visible

When you aren’t using a category A vehicle, this must be factored into your TENR assessment.

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3
Q

Road Policing

What is urgent duty driving?

A

When an enforcement officer on duty is driving above the speed limit or the natural flow of traffic, and may not be complying with certain traffic rules and is:

  • responding to a critical incident
  • gathering evidence of an alleged offence
  • apprehending an offender for a traffic or criminal offence
  • apprehending a fleeing driver
  • providing security to an facilitating the movement of, an official motorcade as part of an operation
  • engaged in activities approved by the Commissioner in writing.

And are relying on the defences under the Land Transport (Road User) Rule 2004 (RUR) and the Land Transport Act 1998 (LTA) for not complying with certain traffic rules and regulations which would prevent the execution of that duty.

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4
Q

Road Policing

What is a critical incident?

A

A critical incident include situations where:

  • force or the threat of force is involved
  • any person faces the risk of serious harm
  • Police are responding to people in the act of committing a crime
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5
Q

Road Policing

When must ‘warning devices’ be used on the Police vehicle?

lights and sirens.

A

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.

Police must not rely on road users to take evasive action when warning lights and sirens are activated - they do not guarantee safety.

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6
Q

Road Policing

What is a ‘tactical approach’?

A

Urgent duty driving without lights and/or sirens.

This increased the road safety risk to Police and the public. Therefore, using a tactical approach is the exception rather than the rule. Vehicle speed and manner of driving must reflect and take into account the increased risks resulting from the absence of a warning device.

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7
Q

Road Policing

When can you use a ‘tactical approach’?

When can’t you use it?

When does not using it cancel out the legal defence for urgent duty driving?

A

Any tactical approach must be proportional to the incident, in line with the TENR assessment, and be able to be executed safely.

A tactical approach, without lights or sirens whilst exceeding the speed limit or natural flow of traffic, can only be used in justifiable circumstance.

You can’t use a tactical approach once a fleeing driver incident is initiated. Any deactivation of warning devices must be in line with the fleeing driver abandonment procedure.

If you go through a red light with NEITHER lights nor sirens then the legal defence doesn’t apply.

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8
Q

Road Policing

What are the responsibilities when Urgent Duty driving for the Driver?

A
  • Complies with the law and drives in a manner that prioritises public and Police safety.
  • Apply TENR prior to and throughout UDD.
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9
Q

Road Policing

What are the responsibilities when Urgent Duty driving for the passenger?

A
  • Advised the driver about the route, situational factors, risks and threats
  • Operates the radio
  • Apply TENR prior to and throughout UDD.
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10
Q

Road Policing

What are the responsibilities when Urgent Duty driving for the Field Supervisor?

A
  • Manages Police performance relating to driving behaviour
  • Identifies and manages health and safety risks
  • Immediately reports policy breaches to their superior
  • Investigates and reports crashes involving a Police vehicle
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11
Q

Road Policing

What are the responsibilities when Urgent Duty driving for the Manager (Response Manager, below District Road Policing Manager etc.)

A
  • Ensures Sureplan notified of Police vehicle crashes
  • monitoring of health and safety obligations
  • Ensures crash files progress to the District Road Policing Manager and District Police Professional Conduct Manager for their review
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12
Q

Road Policing

What are the responsibilities when Urgent Duty driving for the Controlling Officer?

(Comms Shift Supervisor - sworn)

A
  • Ensures units are directed to the incident as appropriate.
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13
Q

Road Policing

What is a fleeing driver?

A

A fleeing driver is a driver who has been signalled to stop but fails to stop or remain stopped, or a driver who flees as a result of Police presence, whether signalled to stop or not.

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14
Q

Road Policing

What is the overriding principal when applying TENR during a fleeing driver incident?

A

Safety is success

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15
Q

Road Policing

During a fleeing driver incident, every effort must be made to minimise harm and maximise safety.

The TENR risk assessment must balance what three things?

A

1) initial threat posed by the vehicle occupant(s)
2) necessity to immediately apprehend the driver and/or passenger(s)
3) risk of harm to any person if the driver fails to stop or remain stopped

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16
Q

Road Policing

Fleeing Driver

Is the fact that a driver has failed to stop in itself sufficient reason to commence a pursuit?

A

No

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17
Q

Road Policing

Fleeing Driver

What takes precedence over the immediate apprehension of a fleeing driver?

A

The safety of the public, vehicle occupant(s) and Police staff.

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18
Q

Road Policing

Fleeing Driver

When is a pursuit justified?

A

When the threat posed by the vehicle occupants(s) prior to signalling the driver to stop, and the necessity to immediately apprehend the driver and/or passenger(s), outweighs the risk of harm created by the pursuit.

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19
Q

Road Policing

Fleeing Driver

When should you decide whether to commence a pursuit if the driver fails to stop or remain stopped?

A

Before signalling a driver to stop.

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20
Q

Road Policing

If a person fails to stop because they are unaware of the signal or their obligation to stop, will the incident be managed as a regular fleeing driver incident?

A

Yes.

However, the TENR will be different so the response will be different.

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21
Q

Road Policing

What is the radio protocol when a driver is failing to stop but you decide not to pursue?

A

“Comms, {Call sign}, driver failing to stop / remain stopped. Not in pursuit. Please enter a field event and K6.”

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22
Q

Road Policing

What is the radio protocol when a driver is failing to stop but you decide to pursue?

A

“Comms, {Call sign}, in pursuit. {Initial reason for signalling the driver to stop}. {Direction} on {road}.”

Comms will either respond with
“{Call sign} from Comms. Abandon pursuit now – {reason for abandonment}. Acknowledge.”

OR

“{Call sign}, pursuit acknowledged. Comms has command. Safety is our priority. Acknowledge.”

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23
Q

Road Policing

Can a driver be directed to commence or continue a fleeing driver pursuit against their own judgement?

A

No.

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24
Q

Road Policing

What does a dispatcher need to do if there if no pursuit controller OR team leader available at comms when a pursuit begins?

A

Direct the unit to abandon the pursuit.

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25
Q

Road Policing

During a pursuit, does a secondary vehicle need to notify comms that they are involved in the pursuit?

A

Yes, as soon as practicable.

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26
Q

Road Policing

A pursuit is initiated and the lead vehicle is single crewed. A secondary unit is doubled crewed, does the secondary crew need to take control of the pursuit?

A

Yes

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27
Q

Road Policing

How many Police vehicle’s will the Pursuit Controller allow behind a fleeing vehicle?

A

Two unless tactically appropriate.

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28
Q

Road Policing

What happens when a fleeing drivers identity becomes known?

A

The pursuit controller will direct the abandonment of the pursuit if the driver does not pose an immediate threat and can likely be safely apprehended lately.

29
Q

Road Policing

What is the role of DCC and NCCC during a pursuit?

A

They have NO command role during a pursuit.

They may provide situational intelligence to staff and Emergency Comms Centres.

30
Q

Road Policing

Why do field supervisors need to be proactive in managing the risks created during a pursuit?

What information are they likely to have that the pursuit controller may not have?

A

A greater knowledge of staff capability and the local environment.

31
Q

Road Policing

What is the process/steps for the pursuing vehicle when a pursuit is abandoned?

7 steps

A

1) Acknowledge the direction to abandon the pursuit
2) Immediately reduce speed to increase the distance between the fleeing driver and their own vehicle
3) Deactivate warning devices once below the posted speed limit
4) Stop as soon as it is safe to do so.
5) advise the pursuit controller that you are stationary and what location you’re at
6) Stop actively searching for the offending driver, unless authorised by the pursuit controller
7) Resume normal duties

32
Q

Road Policing

What does the air support unit need to do when they are following a pursuit which gets abandoned?

A

Cease all radio transmissions and await further direction from the Pursuit Controller.

33
Q

Road Policing

After a fleeing driver incident, how long do you have to complete the relevant sections of the Fleeing Driver notification?

A

Before the end of that shift.

or with approval, within 5 days of the end of shift and before going on RDO’s or leave.

When reporting times frames cannot be met due to exceptional circumstances, ensure all known information is populated within the required time frames, and the form is updated as soon as possible.

34
Q

Road Policing

How long does a supervisor have to review a fleeing driver notification?

A

Within 5 days of the report being submitted for review.

35
Q

Road Policing

If a Police officer is injured or killed as a result of a pursuit, meaning that they are unable to complete the Fleeing Driver notification, who should complete it on their behalf?

A

That officers supervisor.

36
Q

Road Policing

Who can abandon a pursuit?

A

Initiating and secondary unit drivers or Constabulary passenger(s),
Field supervisors,
Dispatcher or pursuit controller

37
Q

Road Policing

Who can approve the use of Tyre Deflation Devices?

A
  • Pursuit controller
  • Trained Police employee (in exceptional circumstance)
  • Emergency Communications Centre shift commander (for deployment on heavy vehicles)
38
Q

Road Policing

Land Transport Act 1998, Section 113(2a)

Relates to asking people for details. What is it?

A

If a person has committed an offences against a certain list of Acts (traffic offences), and that person is on a road (whether they are in charge of a vehicle or not) Police can require them to give any details relating to their identity and also give any information they have which will lead to the identification of the driver of a vehicle.

39
Q

Road Policing

Land Transport Act 1998, Section 113(2b)

Relates to inspecting a vehicle. What is it?

A

Police can inspect, test or examine:

  • the brakes of any other part of a vehicle on a road, including associated equipment (i.e. trailers)
  • a land transport document or a document that resembles a land transport document, displayed of carried on the vehicle.
40
Q

Road Policing

Land Transport Act 1998, Section 113(2c)

You have powers to enter and move a vehicle in what circumstances?

A

If you believe that the vehicle is blocking:

  • a road
  • the entrance to a property
  • the entrance to a vehicle

Or if the removal of the vehicle is desirable for road safety or convenience or in the interest of the public.

41
Q

Road Policing

Land Transport Act 1998, Section 113(3)

Points duty. What does an officer need to be wearing so that drivers have to obey their directions?

A

Wearing uniform or a distinctive cap/hat/helmet with a badge of authority affixed to it.

42
Q

Road Policing

Land Transport Act 1998, Section 113(4)

What do they mean by a ‘road’? What is and isn’t considered a road for this section?

A

A road includes any land vested in or under the control of the Crown or any local authority.

43
Q

Road Policing

Land Transport Act 1998, Section 114(1)

If you’re on foot and try to direct a vehicle to stop, what do you need to be wearing?

A

Wearing uniform or a distinctive cap/hat/helmet with a badge of authority affixed to it.

44
Q

Road Policing

Land Transport Act 1998, Section 114

When can you arrest someone for breaching the requirements of this section? What section is the power of arrest located?

A

You can arrest them if they fail to comply with this section or a signal or request or requirement under this section OR
if they give false or misleading information under this section.

The power of arrest is in section 114(6).

45
Q

Road Policing

Land Transport Act 1998, Section 113(1) and (2)

Police can demand details of people on roads if the person is being investigated for offences/enforcements under which Acts?

A
  • Local Government Act 1974
  • Local Government Act 2002
  • Road User Charges Act 2012
  • Government Roading Powers Act 1989
  • Railways Act 2005
  • Land Transport Management Act 2003
  • Land Transport Act 1998
46
Q

Road Policing

Land Transport Act 1998, Section 119

What can you do?

A

May, without warrant, in the course of the pursuit enter, by force if necessary, any premises which the person has entered, for either or both of the following reasons:

  • Determining whether EBA procedures need to be carried out
  • Exercising or completing the exercise any any such power in respect of that person (could be anything, checking licence etc.)
47
Q

Road Policing

Land Transport Act 1998, Section 119

When can you enact this power?

A

When you have good cause to SUSPECT that a person:

1) has breached section 114 (failed to stop/remain stopped)
AND
2) Has committed or is committing reckless or dangerous driving
AND
3) You’ve freshly pursued that person.

Check out 2)

48
Q

Road Policing

Land Transport Act 1998, Section 119

Obligations for completing entry?

A

RAIN must be done.

You’ve got to comply with the ‘rule and obligations’ and ‘powers incidental to search’ parts of the Search and Surveillance Act chapter.

  • identify yourself
  • state the name of the act and the reason. No need for the section
  • Show evidence of ID if you aren’t in Police uniform
  • Provide an inventory of and items seized during a search

You also have the ‘powers incidental to search’

  • request assistance
  • use reasonable force

There’s more but they relate to searches.

49
Q

Road Policing

Land Transport Act 1998, Section 119(7)

Once you’ve entered a premises under this section, what can you arrest the subject for?

A

You can arrest them for EBA and CIT matters.

You can’t arrest them using any other power of arrest which is found in the Land Transport Act.

You can still arrest them with powers found in other Acts.

50
Q

Road Policing

Land Transport Act 1998, Section 120

What are the reason’s you can arrest someone using this section?

A

1) Has GC2 Suspect that a person has committed drink or drug driving
2) If they have assaulted an enforcement officer during the officers duties
3) If they don’t complete a CIT test in a manner satisfactory to the enforcement officer who is trained to complete the test.

51
Q

Road Policing

Can you arrest a driver if they fail to complete a CIT roadside?

A

Yes. Under section 120(1A) of the LTA you can if the driver doesn’t complete it in a manner satisfactory to the officer.

52
Q

Road Policing

Land Transport Act 1998, Section 120

When can a person who is assisting an enforcement officer arrest a person?

A

If they have good cause to suspect that a person has assaulted an enforcement officer while the officer was acting in the course of their official duties.

53
Q

Road Policing

Land Transport Act 1998, Section 121 and 121A

When can you forbid someone from driving?

A

If they’re in control of a motor vehicle and:

1) they have improper control of the vehicle due to their physical or mental condition
2) doesn’t complete a CIT in a manner satisfactory to an enforcement officer
3) fails or refuses to complete a CIT
4) breach any rules about work time or rest time
5) when the prohibition is necessary in the interest of the person, any person or the public
6) until the driver is able to comply with the conditions of their learners or restricted licence.

54
Q

Road Policing

Land Transport Act 1998, Section 121

If you forbid a person to drive after they tested positive during an EBA, how long do you have to forbid them for?

A

12 hours.

Unless there is a good reason for imposing a shorter prohibition.

55
Q

Road Policing

Land Transport Act 1998, Section 121A

If you immobilise a vehicle because the driver was breaching the conditions of their licence, how long can you keep the car immobilised?

A

Until the driver is able to drive the vehicle without breaching any licence conditions OR

Another person is able to drive the vehicle without breaching that person’s licence or any enactment.

56
Q

Road Policing

Law notes

Tapara v Police [1988]

Stopped a vehicle using s114 to speak with the passenger.

A

CIRCS
Police signalled a driver to stop because they wanted to interview one of the passengers. The driver failed to stop and was charged.

Premise of Appeal:
The driver questioned whether Police were able to require that the driver stopped for a purpose which was not related to the driver or their driving.

Findings:
The judge believed that Parliament intended 114 to be used to enforce the LTA rules.

Seeing that the officers were not concerned about any aspect of the LTA or road safety generally, they could not rely on s114 to stop the vehicle.

57
Q

Road Policing

Law notes

R v Thomas [2001]

Stopped a vehicle using s114 after following for 3.8km

A

CIRCS
Police observed a vehicle changing lanes without indicating and remaining stopped at a green light long after in switched from red.

The QV came back showing that the RO was a known drug dealer.

They followed the vehicle for around 3.8km until they stopped the vehicle with s114.

They smelt cannabis and searched the vehicle, finding evidence for a supply cannabis charge.

District Court:
Found the stop to be unlawful but the evidence admissible.

Court of Appeal:
Ruled the evidence to be inadmissible
- smelling the cannabis was tainted by the illegal vehicle stop
- road safety concerns were found to not be a significant reason to stop the vehicle
- The seriousness of the intrusion outweighed the importance of the prosecution

NOTE:
Consider S+S s 121(1) or s9 which are both powers to stop vehicle’s for different reasons.

It is unlawful to stop a vehicle under s114 for a purpose unrelated to traffic enforcement.

58
Q

Road Policing

Law notes

Johnston v Police [1995]

Stopped a car without a marked Police vehicle or uniform.

A

CIRCS:
Two officers, not in uniform and in an unmarked patrol car, stopped a vehicle under s114 to check road worthiness.

The officer saw what they suspected to be a stolen tool box in the back seat.

The driver refused to accompany them to the station so he was placed under arrest.

The officers began searching the driver but he ran away and was caught a short time later. Charged and convicted of theft and escaping custody.

Appeal:
The officers weren’t wearing uniform or police headgear. They also didn’t use their lights or sirens when conducting the stop.

These procedural requirements are not merely technical, and a failure to observe these requirements mean that the stop was unlawful.
This then becomes a breach of s22 NZBORA 1990 (arbitrary detention)
The evidence resulting from this breach is inadmissible so both convictions were quashed.

NOTE
There is no general power to stop motor vehicles so made sure you know you’re powers.

CIB and other non-uniformed members need to be mindful of the procedural requirements of s114

59
Q

Road Policing

Law notes

Police v Duff [2010]

Vehicle stopped under s114 takes off after driver identifies himself

A

CIRCS:
Duff was speeding and Police pulled him over. Duff gave him details to the officer and the officer told Duff that she was going to go back to her Police car to QP him. She requested that Duff remain stopped during this process.

Duff drove away. He was pursued for a while before stopping again. He was charged with Failing to Remain and Failing to Stop.

District Court
The Judge found that requiring Duff to remain stopped while Police did further enquiries went beyond the parameters of s114.

High Court:
“serious consequences would result if law enforcement officer were unable to direct a motorist to remain stopped while inquiries were made as to whether the driver was disqualified, suspended or forbidden to drive”

The authority to ‘complete’ enforcement powers or duties must mean that an officer may make inquiries to determine if there are are any powers or duties to exercise. (So long as these are relating to the LTA or road transport purposes)

The duty to remain stopped is required only for as long as it is reasonable necessary to enable the officer to establish the driver’s ID, but not longer that 15 minutes.

This judge also suggest that if Police discover that the driver has a WTA, they should take appropriate action. Any other inquiries which aren’t related to road safety may be subject to review on the grounds of relevance and good faith.

60
Q

Road Policing

Law notes

Page v Police [s119]

Obligations when using this power?

A

CIRCS:
A drunk driver was driving without his lights on. Police tried to stop the vehicle but it failed and went down a long driveway to the drivers home.

Police accosted the driver there and he admitted to drinking.

He was eventually charged with EBA.

High Court:
Police were allowed to enter the property under s119 due to the circs.

Police did not comply with all the requirements of s119(6) which states that the officers must identify themselves and let the pursued person and the occupants of the house know the power being used to enter the house.

Successful appeal. Charges quashed.

61
Q

Road Policing

Policing Act 2008, Section 35

When can you temporarily close a road using this section?

A

1) Public disorder
2) danger to a member of the public
3) 10+ year offences committed/discovered

A constable may TEMPORARILY close traffic to any road, or part of a road, leading to or from or in the vicinity of a place, if the constable has reason cause to BELIEVE that:

  • public disorder exists or is imminent at or near that place OR
  • danger to a member of the public exists or may reasonably be expected at or near that place OR
  • An offence punishable by 10 or more years imprisonment has been committed or discovered at or near that place

NOTE:
Road includes motorways, private roads and private ways. You can close roads that are on private land. They don’t even have to be ‘roads’, they can be passages. This isn’t part of the LTA. It’s Policing Act.

Traffic includes all or any traffic (including pedestrians)

62
Q

Road Policing

What legislation is relevant to a fleeing driver pursuit?

A

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.

63
Q

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

A
  • 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

Rule 11.18 and 11.19 give a defence for Police going through intersections. It states that:

  • Police must reduce speed to 20km/hr when proceeding through an intersection.
  • Activate red/blue beacons OR sounding a siren
64
Q

Road Policing

You are responding to a P1 burglary, with no lights and sirens on, can you travelling through a red traffic signal?

A

In no circumstances you are allowed to do so.

65
Q

Road Policing

You see a vehicle driven by a well known drug dealer, you intend to stop the vehicle under s113 LTA, are you justified to do so?

A

No, s113 is a power to enforce transport legislation.

66
Q

Road Policing

You pull over a person for the purposes of a CIT, the driver refuses to complete the test, do you have powers to arrest the driver?

A

Yes, an enforcement officer may arrest a person without warrant if the person refuses or fails to comply with subsection. 1 and 2.

67
Q

Road Policing

Can Police place a temporary road block blocking a private driveway?

A

Yes, under s35 policing act 2002 you can block a private road or private way temporarily.

68
Q

Road Policing

A vehicle is being pursued by Police you are the third vehicle pursuing, are you allowed to continue following?

A

You must not follow behind the fleeing driver pursuit unless directed or approved to do so by the pursuit controller.

69
Q

Road Policing

When initiating a pursuit, what information should be in your first radio transmission?

A
  • Initial reason for stopping the vehicle
  • location
  • direction of travel
  • vehicle description

CPK 2021 *** (15 decks)

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