Road Policing

Question 1

What is the overriding principal in regards to urgent duty driving?

Answer 1

The overarching principal is that public and police employee safety takes precedence over the necessity to undertake urgent duty driving.

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

Question 2

When must warning devices be used when conducting urgent duty driving?

Answer 2

Police must use red and blue flashing lights and sirens at all times while undertaking urgent duty driving unless a tactical approach is used.

Question 3

What is a tactical approach?

Answer 3

Urgent duty driving without the lights and sirens activated. This increases risk to the safety of police and public. Therefore using a tactical approach is exception rather than a rule.

Question 4

Situations when you would use a tactical approach include:

Answer 4

• approaching scene of serious crime in progress
• attending a report of a suicidal person

Any tactical approach must be proportional to the incident. A tactical approach whilst exceeding the speed limit can only be used in justified circumstances.

Question 5

Is there a defence for proceeding against traffic signals or through intersections without lights and sirens activated?

Answer 5

No

Question 6

What are the main things an officer who is pursuing a vehicle (or managing the pursuit) need to be aware of?

Answer 6

• the key objective is to resolve the fleeing driver pursuit as quickly as possible using the least amount of force in the circumstances
• an inquiry phase is preferred over a fleeing driver pursuit where possible
• public and police employee safety takes precedence over the immediate apprehension of a feeling driver

Question 7

Who can abandon a pursuit?

Answer 7

The lead or secondary vehicle drivers of their passengers or the pursuit controller.

Question 8

What is the overarching principal in terms of a fleeing driver incident?

Answer 8

The overarching principal is that public and police employee safety takes precedence over the immediate apprehension of a feeling driver.

Question 9

What should other police vehicles (excluding lead or secondary vehicles) do during a pursuit?

Answer 9

• must not actively participate in the fleeing driver pursuit or respond unless they are preparing tactical options, undertaking a temporary road closure, collecting intel or are responding to a pursuit controller direction that could assist in safety stopping the fleeing driver
• must cease all non-essential communication
• must not follow behind the pursuit unless directed or approved to do so by the pursuit controller

NOTE: a dog unit where tactically desirable may be in addition to the lead and secondary vehicle.

Question 10

What steps do you take following a direction or decision to abandon a pursuit?

Answer 10

• acknowledge any direction to abandon the pursuit
• immediately reduce speed to increase distance
• deactivate lights/sirens only once speed is below speed limit
• stop when safe to do so and advise comms of location and that you are stationary
• commence inquiry phase

Question 11

Who can conduct a non-compliant vehicle stop?

Answer 11

AOS or STG member who are trained

Question 12

What legislation is relevant to a fleeing driver pursuit?

Answer 12

Section 114 LTA - a constable in a vehicle following another vehicle by displaying blue/red lights or sounding a siren to require the driver of the other vehicle to stop.

Section 9 SSA - empowers a constable to stop a vehicle if they have RGTS that a person is unlawfully at large or has committed an offence punishable by imprisonment and believes the person is in that vehicle.

Question 13

Land and Transport Rule 2004 - Rule 5.3 provides a defence for police for speeding if:

Answer 13

• the vehicle was being used by a constable engaged in urgent duty driving and compliance with the speed limit would likely prevent execution of the officers duty. - the vehicle was an emergency vehicle being used in an emergency and was operating a red beacon or siren or both.
• police must reduce speed to 20km/h when proceeding through an intersection

Question 14

Section 114 - officer requirements

Answer 14

The officer must in uniform or distinctive cap, hat or helmet with a badge of authority affixed to it be using flashing blue or blue/red flashing lights and sound a siren when stopped a vehicle.

Question 15

Does section 114 permit police to stop a vehicle for any reason at all (eg to stop vehicle to interview passenger)?

Answer 15

No
section 114 does NOT give police unrestricted rights to interfere with the activities of the citizen

Case law: In regards to wanting to speak to the passenger, as the constable were not concerned with any aspect of the LTA they could not rely on the powers of section 114

Question 16

Section 35 - closing of roads

Answer 16

A constable may temporary close traffic or any road or part of a road leading to or from the vicinity of a place if the constable has reasonable cause to believe that:

• public disorder exists or is imminent
• danger to a member of the public exists or may be reasonably expected at that place
• an offence punishable by 10 years imprisonment has been committed or discovered at or hear the place

Traffic means all or any traffic including pedestrians.

Temporary means for a period reasonable in the circumstances.

Question 17

Meaning of a road pursuant to section 35?

Answer 17

a road includes:

• motorway
• private driveway
• private road

Question 18

What must you include in the initial report of a fleeing driver incident to comms?

Answer 18

• location
• direction of travel
• fleeing driver description
• reason for pursuit

Question 19

What must be given when using section 119?

Answer 19

RAIN

Power of entry - however RAIN must be given