Chapter 6 - Road Policing Flashcards

1
Q

What is the overarching principle in relation to Urgent Duty Driving?

A

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

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2
Q

What are the additional principles in relation to Urgent Duty Driving?

A
  • Public and Police employee safety must be prioritised
  • Urgent duty driving 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 (TENR)
  • Cat A vehicles are preferred for urgent duty driving as they are more visible.
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3
Q

No urgent duty driving is so urgent that it what?

A

Requires the public or police to be placed at unjustified risk.

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4
Q

What situations are included in ‘critical incidents’?

A
  • Force or 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

What is a tactical approach and when can you use it?

A

Refers to urgent duty driving without activating lights or sirens.
And include:
- Adjusting vehicle speed
- Turning off or not activating siren
- Turning off or not activating warning lights
Used when approaching scene of a serious crime in progress, attending a report of a suicidal person, obtaining evidence of a speeding offence where the driving is not dangerous and risk is low.

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6
Q

If you are using a tactical approach whilst exceeding speed limit in traffic, what do you need to justify?

A
  • Justify your decision to use tactical approach, if lights or sirens are not used then defences for proceeding against traffic signals do not apply.
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7
Q

What is classed as a fleeing driver?

A

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

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8
Q

What is the purpose of the Fleeing driver policy?

A

Guide staff decision making around signalling drivers to stop and in the event of a fleeing driver, how to achieve the safest possible outcome.

Safety is the paramount consideration.

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9
Q

Effort must be made to minimise harm and maximise safety.

What does the TENR risk assessment need to balance?

A
  • Initial threat posed by the vehicle occupant(s)
  • Necessity to immediately apprehend the driver and/or passenger(s)
  • Risk of harm to any person if the driver fails to stop or remain stopped.
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10
Q

Each fleeing driver event will be reviewed to determine the decision was what?

A
  • appropriate
  • lawful
  • justified, considering all circumstances
  • compliant with Police Instructions, and
  • whether there are lessons to be learnt and applied.
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11
Q

If the information available indicates that a driver is likely to flee, the Emergency Communications Centre should be advised of what?

A
  • The reason for wanting to stop the driver, and
  • The intention to signal driver to stop, and
  • Whether a pursuit is going to be initiated if the driver fails to stop
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12
Q

What action should you take if a you have a fleeing driver incident?

A

Comms (call sign), driver failing to stop/remain stopped, not in pursuit. Please create a field event and K6

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13
Q

Explain s113 Land Transport Act 1998?

Enforcement officers may enforce transport legislation

A
  • Direct to provide details of person in charge of vehicle
  • Inspect, test and examine parts of vehicle/documents
  • Move vehicle if obstructing
  • Direct removal of vehicle from road
  • Forbid unlicensed driver from driving
  • Forbid persons operating transport service without a licence
  • Direct person to stop or proceed in particular line of traffic or direction
  • Direct pedestrian not to proceed
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14
Q

Explain s114 Land Transport Act 1998?

Power to require driver to stop and give name, and address etc

A
  • Signal or request driver of vehicle to stop as soon as practicable
  • Must remain stopped for as long as reasonably necessary to complete
  • On demand provide full particulars - name, dob, address, occupation, number
  • Stop no longer than 15 minutes in order to establish driver identity
  • May arrest a person without warrant if good cause to suspect person:
    Failed to comply with this section or a signal or request or requirement under this section, or given false or misleading information under this section
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15
Q

Explain s119 Land Transport Act 1998

Powers of entry

A

Enter any premises when freshly pursuing to determine if EBA or exercise any other LTA power.

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16
Q

Explain s120 Land Transport Act 1998

Arrest of persons for alcohol or drug-related offences, or assault on enforcement officer

A

May arrest if assault or EBA

17
Q

Explain s121 Land Transport Act 1998

Enforcement officer may immobilise vehicle etc, in specified circumstances

A

(1) Enforcement officer may exercise all or any of the powers conferred in (2) if believes on reasonable grounds that;
- person in charge of motor vehicle is incapable of proper control due to physical or mental condition
- does not complete a compulsory impairment test in manner satisfactory
- fails or refuses to undergo a compulsory impairment when required (must arrest if fails)

18
Q

Explain s121 Land Transport Act 1998

Enforcement officer may immobilise vehicle etc, in specified circumstances

(2) - Enforcement officer may?

A

(a) forbid person to drive for period of time
(b) direct person to drive to specified place to rest, load vehicle etc
(c) take possession of keys/require person to deliver all such keys
(d) take steps necessary to render vehicle immobile/remove to place

19
Q

Explain s121A Land Transport Act 1998

Enforcement officer may give directions or immobilise vehicle if driver breaches certain conditions

A

Enforcement officer may exercise all or any powers conferred by (2) if believes on reasonable grounds that a person in charge of vehicle has breached class 1 or class 6 learner licence or restricted licence

(enforcement officer may do same as in s121)

20
Q

Explain s35 Policing Act 2008?

Temporary closing of roads

A

Constable may temporarily close to traffic any road/part of road if reasonable 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 10yrs+ imprisonment has been committed or discovered at or near that place