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CH 6 Road Policing > Ick > Flashcards

Ick Flashcards

1
Q

How is threat assessed during Urgent Duty Driving?

A

TENR

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2
Q

Can you Urgent Duty Dive without lights/sirens?

A

Yes, provided that there is a solid tactical grounds for doing so.

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3
Q

What is the overriding principle of Urgent Duty Driving?

A

No duty is so urgent that it requires the public or Police to be placed at unjustified risk.

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4
Q

What must you do if using a vehicle other than Cat A?

A

Factor this into your risk assessment

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5
Q

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.

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6
Q

What situations can justify Urgent Duty driving?

A
  • Responding to a critical incident
  • Gathering evidence of an alleged offence
  • Apprehending an offender for a traffic or criminal offence
  • Apprehending a fleeing driver
  • Motorcade
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7
Q

Where does your Urgent Duty Driving defense come from?

A

Land Transport Rule 2004 and Land Transport Act 1998

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8
Q

What defines a critical incident?

A
  • Force or threat of force is used
  • Any person faces risk of serious harm
  • Responding to persons in the act of committing a crime
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9
Q

What is a Tactical Approach?

A
  • Turning off or not activating siren
  • Turning off or not activating lights
  • Adjusting vehicle speed
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10
Q

If neither lights or siren are used do you still have a defense for intersections? eg red lights

A

No

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11
Q

Can a tactical approach be used for a fleeing driver?

A

No, you may only turn off lights/siren when abandoning.

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12
Q

When urgent duty driving what is the role of the driver?

A

Complies with the law and drives in a manner that prioritizes public and Police safety

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13
Q

When urgent duty driving what is the role of the passenger?

A
  • Navigation, situational factors and risks

- Operates the radio

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14
Q

When urgent duty driving what is the role of the field supervisor?

A
  • Manages Police performance in relation to driving behavior
  • Identifies and manages health and safety risks
  • Immediately reports policy breaches to their staff
  • Investigates and reports crashes involving a Police vehicle
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15
Q

When urgent duty driving what is the role of the manager?

A

Ensures:

  • Sureplan notified of Police vehicle crashes
  • Monitoring of health and safety obligations
  • Crash files are progressed to the District Road Policing Manager and District Police Professional Conduct Manager for their review
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16
Q

When urgent duty driving what is the role of the controlling officer?

A

Ensures units are directed to the incident as appropriate.

17
Q

What is the key objective when undertaking a pursuit?

A

Resolving it as safely and as quickly as possible whilst using the least amount of force in the circumstances.

18
Q

Can you pursue a motorcycle?

A

Yes but the risks are greatly increased. TENR must be adjusted accordingly.

19
Q

Once you abandon a pursuit can another unit initiate another one with that vehicle?

A

They must request authorization from the pursuit controller PRIOR to lighting it up

20
Q

What must be considered in regards to Police presence in a pursuit?

A

If he was driving fine before you commenced the pursuit but is now driving dangerously should you remove Police presence from the situation?

21
Q

What are the responsibilities of the Lead Vehicle driver during a pursuit?

A
  • Continuously assess risks via TENR
  • Has primary responsibility for abandoning pursuit
  • Notify Comms of pursuit
  • Acknowledge Comms warning
  • Comply with ALL directions from Pursuit Controllor
22
Q

What are the responsibilities of the Police Constabulary passenger? (Passenger of lead car)

A
  • Undertake radio Comms
  • Advise driver of risks
  • May direct diver to abandon. Pursuit Controller to be notified when safe to do so including reason for abondonment
23
Q

What are the responsibilities of the secondary vehicle?

A
  • Follows at safe distance to provide support
  • Takes over Comms if lead vehicle is one up
  • May direct pursuit to be abandoned by notifying Pursuit Controller when safe to do so, including reason for abandonment.
24
Q

What are the responsibilities of other Police vehicles during pursuit?

A
  • Must not actively participate in pursuit unless preparing tactical options, temp road closures or responding to Pursuit Controller directions
  • Request permission from Pursuit Controller before using any tactical option
  • Must cease all non essential radio comms
25
Q

Who can abandon a pursuit?

A
  • Lead or secondary drivers
  • Lead or secondary passengers
  • Field supervisor
  • Pursuit contoller
26
Q

Who can conduct a non compliant vehicle stop?

A

Trained AOS or STG members

27
Q

Who may initiate spikes?

A
  • Pursuit controller
  • Trained Police employee in exceptional circumstances
  • Police Comms shift commander if used on heavy vehicles
28
Q

Who may initiate a temp road closure?

A

Pursuit controller

29
Q

What are the three powers to stop a vehicle?

A
  • s114 Land Transport Act (For traffic enforcement purposes)
  • s9 S & S Act (Arrest a person unlawfully at large OR has committed an imprisonable offence)
  • s121 S & S Act (If satisfied there are grounds to search the vehice, warrant or warrantless inclusive)
30
Q

Under s113 of the Land Transport Act what may you do?

A
  • Demand details of any person on a road for the purpose of identifying the driver of a vehicle
  • Inspect and test the brakes or any other part of a vehicle on a road and any Land Transport Act documentation carried on that vehicle
  • Move or authorize any other person to move a vehicle if it is obstruction a road
  • Direct a driver to move their vehicle if it is an obstruction
  • Forbid an unlicensed driver to drive
31
Q

Under s114 of the Land Transport Act what may you do?

A
  • Request a vehicle to stop
  • Require that the driver remain stopped as long as reasonably necessary to conduct any act required under the Land Transport Act
  • Demand driver details and the owner of the vehicle
  • You may arrest a person if they fail to comply with any requirement of this section or give false details
32
Q

What may you do under s119 of the Land Transport Act? (Power of entry)

A

If you have good cause to suspect that a person has contravened a request under s114 AND has/is committing dangerous/reckless driving or drink/drug offences AND freshly pursue them ypu may
- Enter any premises and exercise any Land Transport power as if the person was on a road (You can’t arrest though aside than for EBA)

You MUST infrom them that you are on their property under s119 Land Transport Act. This is a mandatory duty (Page v Police)

33
Q

What can you do under s121 of the Land Transport Act? FARMED

A
  • Forbid someone for driving for up to 12 hours
  • All keys to be surrendered
  • Render the vehicle immobile
  • Move any vehicle that is a hazard
  • EBA (Forbid for 12 hours)
  • Direct person to a place of rest if they have exceed their driving hours
34
Q

What can you do under s121A of the Land Transport Act if someone is breaching a license condition eg Learners unaccompanied

A
  • Forbid them to drive a motor vehicle until able to comply with license conditions
  • Direct them to drive to a specific place eg follow them home
  • Take possession of keys
  • Render vehicle immobile

Can do this until they can comply with license conditions OR get another person to come.

35
Q

What was the finding of Page v Police?

A

That Police, when freshly pursuing, must tell the person why they are on their property (ie We’re here under s119 of the Land Transport Act). In Page v Police a drink driving conviction was overturned because the officers did not fulfill this duty

36
Q

What was the finding of Police v Duff?

A

That when a vehicle is stopped under s114 Police may require the vehicle to remain whilst they check a persons QP for Warrants and powers that may be exercised. Just because the person gave you their details does not entitle them to leave before you have checked whether or not you have any powers that you may have.

37
Q

Can you stop a vehicle for a non Land Transport purpose (Tapara v Police)

A

Hells no

38
Q

What happens if you don’t comply with requirements for a s114 stop? Eg no hat, uniform or lights (Johnson v Police)

A

Anything you find after that is tainted to hell, will be thrown out and will be a breach of s22 NZBOR Act (Arbitrary detention)

CH 6 Road Policing (1 decks)

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