Land Transport Act Flashcards
What is urgent duty driving?
When a constable 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 either:
- responding to a critical incident
- gathering evidence of an alleged offence
- apprehending an offender for a traffic or criminal offence
- apprehending a fleeing driver
- engaged in activities approved by the Commissioner in writing
AND IS
- relying on defences under LT Rule 2004 and LTA for not complying with certain traffic rules and regulations which would prevent execution of that duty.
What is the overriding principle in relation to urgent duty driving?
Employees must drive at an appropriate speed and manner and bear in mind that they are individually legally responsible for their actions and must prioritise public and police safety.
What is a critical incident?
includes situations where:
- 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
What factors must you take into account when deciding to commence or continue urgent duty driving , and to determine appropriate speed and driving manner?
all circumstances including:
- time of incident (still in progress?)
- nature and seriousness of incident
- proximity of other units
- environment (weather, road type, traffic, speed limit etc)
- driver classification, vehicle classification, passengers
- warning devices used or tactical approach
What must you use at all times when undertaking urgent duty driving?
flashing lights and sirens continuously unless using a ‘tactical approach
What is a tactical approach?
urgent duty driving without using lights and sirens, or adjusting vehicle speed - speed and manner of driving must reflect and take into account the increased risks resulting from not using warning devices
When might you use a tactical approach?
- approaching a scene of a serious crime in progress
- attending a 1X
- obtaining evidence of a speeding offence, if offenders driving is not dangerous and risk of not using lights/sirens is low
Do you still have the defences for proceeding against traffic signals or through intersections if you are using a tactical approach and not activating lights and sirens?
NO
Can a tactical approach be used once a fleeing driver incident is initiated?
NO
What are the responsibilities of a field supervisor when a member engages in urgent duty driving?
- manage 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 police vehicle