Chapter 6 - Road Policing Flashcards
What is the overriding principle of Urgent Duty Driving (UDD)?
That public and Police employee safety takes precedence of the necessity to undertake urgent duty driving.
What is urgent duty driving?
Driving above the speed limit or 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 of a motorcade or engaged in activities approved by the commissioner in writing.
What is a critical incident?
Force or threat of force involved.
Any person faces the risk of serious harm.
Responding to people in the act of committing a crime.
What are factors to consider when undertaking UDD?
- Speed and driving manner.
- Time of the incident (is it still in progress).
- Nature and seriousness of the incident.
- Proximity of the incident
- Proximity of other units to the incident.
- Environment, weather, traffic volume, road tye, speed limit and pedestrians.
- Driver and vehicle classification and passengers.
- Warning devices (red n blues) are activated or a tactical approach is being used.
- Vehicle types.
What is a tactical approach?
Approaching a scene of a serious crime in progress.
Attending a report of a suicidal person.
Obtaining evidence of a speeding offence where offenders driving is not dangerous and use of warning device is low.
What are the responsibilities of a Field Supervisor when a member engages in UDD?
Manages police performance relating to driving behaviour.
Identifies and manages health and safety risks to those staff.
Immediately reports policy breaches to their superior.
Investigates and reports crashes involving a Police vehicle.
Fleeing Driver Policy – what are the key points of the Executive Summary? 5 points
- The decision to commence, continue or abandon a fleeing driver pursuit must be continuously assessed and reassessed in accordance with TENR.
- Public and Police safety takes precedence of the immediate apprehension of a fleeing driver.
- Resolving the fleeing driver pursuit as safely and as quickly as possible, using the lease amount of force in the circumstances.
- An inquiry phase is preferred over a fleeing driver pursuit wherever possible.
- Decision to abandon fleeing driver incidents will be supported.
What are the overall principles (overarching principles) in addition to public and Police employee safety taking precedence over the immediate apprehension of a fleeing driver? 7 points
- Fleeing driver incident must be managed in the safest possible manner.
- An inquiry phase is preferred over a fleeing driver pursuit wherever possible.
- Fleeing driver incidents will only be commenced and/or continued when seriousness of the offence and necessity of immediate apprehension outweighs the risk of pursuing.
- The fact the driver is fleeing does not in itself justify a fleeing driver pursuit.
- Decision to abandon fleeing driver incidents will be supported.
- Police employees will use risk based assessments (TENR) and apply a flexible response to changing circumstances.
- Fleeing drivers will be held to account.
What are the steps/actions to be taken when directed to abandon a pursuit?
- Acknowledge any direction to abandon pursuit, or advise you have abandoned.
2 .Immediately reduce speed to increase following gap of pursue vehicle. - Deactivate warning devices once below posted speed limit.
- Stop as soon as it is safe to do so.
- Confirm to pursuit controller they are stationary and state their specific location.
6.Under taken an inquiry phase as directed by field supervisor.
What is the process when commencing a fleeing driver incident after abandonment?
All available lines of inquiry to identify and hold the fleeing driver accountable should be exhausted. It should be dealt with as a priority prevention activity.
What are the Police powers re pursuing fleeing drivers?
Sec 114 LTA – stop for traffic enforcement purposes.
Sec 9 SSA – Stop a vehicle without a warrant to arrest a person if RGB…
Sec 121 SSA – Stopping vehicles with or without warrant for purposes of search.
Sec 39 CA – Execute a warrant or make an arrest.
Road user Rule LTA – Vehicle used by Constable to engage in urgent duty driving and was an emergency vehicle with warning devices activated.
Summarise Sec 113 LTA
Enforcement officer may enforce traffic legislation.
Direct a person on a road to give full particulars.
Inspect, test and examine brakes or any other part of a vehicle.
Move or authorise a person to move a vehicle so it is not a hazard.
Forbid an unlicensed driver to drive.
Direct a vehicle or animal to proceed in particular direction.
Direct a pedestrian not to proceed across a road.
Summarise Sec 114 LTA
Signal or request the driver of a vehicle to stop.
Driver stopped must remain stopped for as long as reasonably necessary to complete exercise of any powers or duties imposed.
Demand details of driver.
Remain stopped to establish ID but no longer than 15 minutes.
Arrest without a warrant a person who failed to comply with this section or gave false details.
Summarise Sec 119 LTA
Powers of entry: GCS a person contravened a request, requirement or demand under 114 AND has committed an offence of reckless or dangerous driving OR driving under influence of alcohol or a drug AND is freshly pursuing that person.
Without a warrant enter by force if necessary any premises which the person entered to determine if its an EBA and or exercise any such power in respect of that person as if they were in a motor vehicle on the road.
Summarise Sec 120 LTA
Arrest a person without a warrant if:
GCS has committed offence against sec 58-62 or
Has assaulted a law enforcement officer.
Does not complete compulsory impairment test in a manner satisfactory to officer, when required to do so.
