Chapter 6.1 - Road Policing Urgent duty driving and section 113 , 114 LTA Flashcards
Urgent duty driving principal
Operating a police vehicle when engaged in urgent duty driving increases the exposure to risk of injury to police and the public
It must be justified in response to the threat
Ensuring a continuous risk assessment while operating a police vehicle
Urgent duty driving principal - Why?
Prioritising safety by driving with a high standard of care to minimalist exposure to risk is critical to reducing road trauma and ensuring trust and confidence in police vehicle operation
Urgent duty driving principal - how
Prioritising safety of police and public
Driving with high standard of care
Recognising no duty is so urgent that it requires the public or police to be placed at an unjustified risk
Being aware that we are individually responsible for our actions
Using TENR when deciding whether to commence and continue. Urgent duty driving
Continuously using lights and sirens unless a tactical approach is justified
What is urgent duty driving?
An enforcement officer on duty is driving above the speed limit or against 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 offence Apprehending an offender Apprehending a fleeing driver Working in a motorcade
Factors to consider when urgent duty driving
Time of the incident Nature and seriousness of the incident Proximity of the incident Proximity of other units Environment Driver and vehicle classification Vehicle type Whether warning devices or tactical approach is being used
What is a tactical approach?
Urgent duty driving without the activation of warning lights or sirens
What does a tactical approach involve?
Adjusting vehicle speed
Turning off or not activating siren
Turning off or not activating warning lights
Examples of situations which may require a tactical approach
Approaching scene of serious crime in progress
Attending report of suicidal person
Obtaining evidence of a speeding offence (whether driving is not dangerous and the risk of not using warning lights is judged as low)
Section 113 land transport act
Enforcement officer may enforce transport legislation
May at any time
Direct person to give details
Test examine vehicle
If vehicle is causing obstruction to move it
Direct a person to move a vehicle of it is causing an obstruction
Forbid unlicensed driver to drive
Forbid driver who is driving tsl vehicle without tsl licence to drive
Section 114 land transport act
Power to give details to police
Officer may Stop vehicle with lights siren Get drivers details State whether they are owner of the vehicle If not who is owner of vehicle
Cannot be stopped longer than 15 minutes
Section 119 land transport act
Powers of entry
May without warrant enter any premises if good cause to suspect a person has
Has refused a request under section 114
Committing an offence against section 35(dangerous/reckless) driving
Is freshly pursing that person
Can enter for the following purpose
EBA procedure should be commenced against a person
Exercising or completing any such power in respect of that person (as if the person were on a vehicle on a road)
Section 120 land transport act
Arrest of person for alcohol or drug related offences or assault on enforcement officer
May arrest a person without warrant if good cause to suspect
Has committed an offence against section 58-62 (drink driving)
Has assaulted an officer while they were acting in the execution of their duties
May also arrest person if they do not complete a CIT test in a satisfactory manner
Section 121 land transport act
Enforcement officer may immobilise vehicle in specified circumstances
Officer may
Forbid person from driving for such a period that the officer specifies (12 hours eba offence unless there is reason for a shorter period)
Direct that person to drive the vehicle to a specified place where the driver can rest or where the load on the vehicle or other condition make it appropriate that the driver should drive to that place
Take possession of ignition or keys
Take all nessecary steps to render vehicle immobile
Anyone who fails to comply officer can arrest without warrant
Section 121a land transport act
Enforcement officer may give directions or immobilise vehicle if driver breaches licence conditions
Officer may
Forbid them to drive until that person is able to comply with the conditions of their licence
Direct that person to drive to a specified place
Take possession of all ignition keys of the vehicle
Take any steps that may be necessary to make the vehicle immobile
May arrest a person without warrant if they fail to comply
