Road Policing Flashcards
The key focus of urgent duty driving
No duty is so urgent that it requires the public or Police to be placed at an unjustified risk
List the overriding principles of urgent duty driving
PRETTY TRIP
PRETTY TRIP = Prioritised/safEsT/appropriaTe/legallY/TenR/vehIcles/Passengers
- 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 in a manner appropriaTe to the circumstances
- enforcement officers are individually legallY responsible for their actions
- enforcement officers will use TenR and;
- cat A vehIcles are preferred for urgent duty driving as they are more visible
- enforcement officers must assess the risk of carrying non-constabulary Passengers before undertaking urgent duty driving.
Define urgent duty driving
(CITED ARSON)
CITED ARSON = CritIcal/gaThering
/apprEhenDing
/motorcAe/commissioneR
/defenceS/executiON
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, 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
- participating in a motorcAde
- engaged in activities approved by the CommissioneR in writing
AND:
- Relying on the defenceS under LT (RU 2004) and the LTA (1998) for not complying with rules that would prevent the executiON of that duty
What factors should you consider when undertaking urgent duty driving?
- time of the incident (is it in progress?)
- nature and seriousness of the incident
- proximity of the incident
- proximity of other units to the incident
- environment
- driver classification, vehicle classification, and vehicle passengers
- whether warning devices are activated or a tactical approach is being used
- vehicle type
Re equipment - the number one MUST
Police MUST use red and blue flashing lights AND siren at all times (continuously) while undertaking urgent duty driving UNLESS a tactical approach is used
What is the ONE exception to the #1 MUST re equipment and urgent duty driving?
If using a ‘tactical approach’ when urgent duty driving then don’t have to use lights and sirens
List what a tactical approach can involve
- adjusting the vehicle speed
- turning off or not activating the siren
- turning off or not activating the warning lights
Provide examples of when a tactical approach may be used
- approaching the scene of a serious crime in progress
- attending a report of a suicidal person
- obtaining evidence of a speeding offence, where the offender’s driving is not dangerous and the risk of not using the warning devices is judged as low
List the principles of the fleeing driver policy
ATTEND SHOOTER
ATTEND SHOOTER = sAfeTy/sufficienT/ invEstigatioN/justifieD/ riSk/Harm/abandOnment/ suppOrted/TimEly/ contRavenes
- sAfeTy takes precedence over the apprehension of a fleeing driver
- a driver failing to stop or remain stopped is not sufficienT reason to commence a pursuit
- invEstigatioN is preferred
- only justifieD when the threat posed by the vehicle’s occupants BEFORE signaling the driver to stop AND the necessity to immediately apprehend the driver and/or passengers OUTWEIGHS THE RISK OF HARM created by the pursuit
- consider the likely impact of any response on the riSk of Harm, particularly where CYP are involved
- all staff share a collective responsibility to achieve safety
- abandOnment/not pursuing will be suppOrted
- fleeing driver events will be investigated
- events will be reviewed in a TimEly manner
- staff may be criminally liable if their manner of driving contRavenes legislation
What must you consider when you have made a decision to stop a driver?
As part of TENR, you must consider:
- the initial threat posed by the vehicle occupants
- the necessity to immediately apprehend the driver and/or passengers AND
- the risk of harm to any person created by commencing a pursuit
What must an officer decide before signaling a driver to stop?
Whether to commence a pursuit if the driver fails to stop or remain stopped
Coming under TENR, what considerations should be covered off when deciding to stop a vehicle?
- what is the threat posed by the driver/vehicle occupants?
- who may be harmed if the driver flees?
- is Police action increasing or decreasing the risk of harm?
- are the risks created by a pursuit greater than the initial risk posed by the driver and/or vehicle occupants?
- what alternative options are there for resolving the event safely?
List the considerations for stopping vehicles when utilising TENR
- the reason for stopping: eg, vehicle and license check, breath testing, traffic or criminal offence
- likelihood of the driver failing to stop when signalled eg, the driver of a stolen vehicle
- the safety of other road users, vehicle occupants and police
- identity of the driver and/or passengers
- likely age of the driver, the impact of age on their decision making ability and driving experience
- number and likely age of passengers and their likely influence on the driver
- environmental circumstances eg, road conditions, traffic density, foot traffic, school hours/proximity, weather, driver behaviour, condition of vehicle
Would commencing a pursuit because the driver didn’t stop or failed to remain stopped be justified?
No.
Land transport act - section 113 - Enforcement officers may enforce traffic legislation - DIM - HOD = OLD
(a) DIRECT a person on a road (whether or not in charge of a vehicle) to give:
- full name
- full address
- DOB
- occupation
- telephone number; or such of those particulars as the officer may specify, and give any other particulars required as to the person’s identity and (unless the person is, for the time being, detained or under arrest under any enactment) give such information as is within the person’s knowledge and as may lead to the identification of the driver or person in charge of a vehicle
(b) INSPECT, test, and examine - (i) the brakes or any part of a vehicle on a road or any associated equipment; or (ii) a land transport document, or a document resembling a land transport document, displayed or carried on the vehicle.
(c) If the enforcement officer RGTB that a vehicle on a road causes an obstruction on the road or to a vehicle entrance to any property or that the removal of the vehicle is desirable in the interests of road safety or for the convenience or in the interests of the public - (i) enter, or authorize another person to enter the vehicle for the purpose of MOVING it or preparing it for movement; and -
(ii) Move, or authorize another person to move, the vehicle to a place where it does not constitute a traffic HAZARD
(d) Direct the driver or person in charge of a vehicle on a road to remove the vehicle from the road or a specified part of a road, if the officer RGTB that it causes an OBSTRUCTION on the road or to a vehicle entrance to any property or its removal is desirable in the interests of road safety or for the convenience or in the interests of the public
(e) forbid an unlicensed DRIVER to drive a motor vehicle
(f) forbid a person who is OPERATING a transport service without a license to operate that transport service
(3) An enforcement officer in uniform may -
(a) direct a person using a vehicle or riding or driving an animal on the road to stop the vehicle or animal, as the case may be, or to cause it to proceed in or keep to a particular LINE of traffic or direction.
(b) direct a pedestrian not to proceed across the road in contravention of a DIRECTION to stop given by the enforcement officer (whether given to pedestrians or to pedestrians and other traffic).
