Road Policing

Question 1

The key focus of urgent duty driving

Answer 1

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

Question 2

List the overriding principles of urgent duty driving (7)

Answer 2

• 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.

Question 3

What are the reasons for undertaking urgent duty driving?

Answer 3

• 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

Question 4

What factors should you consider when undertaking urgent duty driving?

Answer 4

• 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

Question 5

Re equipment - the number one MUST

Answer 5

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

Question 6

What is the ONE exception to the #1 MUST re equipment and urgent duty driving?

Answer 6

If using a ‘tactical approach’ when urgent duty driving then don’t have to use lights and sirens

Question 7

List what a tactical approach can involve

Answer 7

• adjusting the vehicle speed
• turning off or not activating the siren
• turning off or not activating the warning lights

Question 8

Provide examples of when a tactical approach may be used

Answer 8

• 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

Question 9

List the principles of the fleeing driver policy (9)

Answer 9

• 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 - pursuing is only justified when the threat posed by the vehicle’s occupants BEFORE signalling 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

Question 10

What must an officer decide before signaling a driver to stop?

Answer 10

Whether to commence a pursuit if the driver fails to stop or remain stopped

Question 11

Coming under TENR, what considerations should be covered off when deciding wether or not to PURSUE a vehicle that fails to stop? (5)

Answer 11

• 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?

Question 12

List the considerations for STOPPING vehicles when utilising TENR (7)

Answer 12

• 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

Question 13

Would commencing a pursuit because the driver didn’t stop or failed to remain stopped be justified?

Answer 13

No.

Question 14

Land transport act - section 113 - Enforcement officers may enforce traffic legislation - DIM - HOD = OLD

Answer 14

(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).

Question 15

Section 114: Power to require driver to stop and give name, address etc

Answer 15

1. In uniform may signal driver to stop
2. In a vehicle may require the driver to stop
   2A. Driver must remain stopped
3. May require the driver of a vehicle that is stopped under 114 to:
   (a. ) remain stopped for as long as is necessary to obtain particulars or complete the exercise of any power in LTA; and -
   (b. ) on demand by an enforcement officer -
   (i. ) give his or her full name, full address, date of birth, occupation, and telephone number, or such of those particulars as the enforcement officer may specify; and -
   (ii) state whether or not he or she is the owner of the vehicle; and -
   (iii) if the driver is not the owner of the vehicle, give the name and address of the owner or such particulars within the driver’s knowledge as may lead to the identification of the owner

(4) the driver does not have to remain stopped if the police vehicle does not itself stop in the near vicinity where the driver has stopped
(5) may require the driver to remain stopped as long as is reasonably necessary to establish identity but not for longer than 15 minutes

(6) may arrest if GCTS:
(a) has failed to comply with 114; or -
(b) gives false details

Question 16

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

Answer 16

No

Question 17

What are the main things an Officer who is pursuing a vehicle (or managing the pursuit) need to be aware of? (3)

Answer 17

• 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 fleeing driver

Question 18

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

Answer 18

Answer:

• Must not actively participate in the fleeing driver pursuit or respond unless they are:
• preparing tactical options
• undertaking a temporary road closure
• collecting intelligence
• responding to a pursuit controller direction that could assist in safely 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 19

Sec 35 - What grounds should exist for Closing of roads

Answer 19

A constable may temporarily close to traffic, any road or part of a road leading to or from the vicinity of a place, if the constable has RGB 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 near the place
  P.D.O.

Traffic means all or any traffic (including pedestrians).

Temporarily means for a period reasonable in the circumstances

Question 20

Meaning of a road pursuant to Sec 35?

Answer 20

A road includes:

• motorway
• private way
• private road

Question 21

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

Answer 21

Location
Direction of travel
Fleeing driver/ vehicle description
Reason for pursuit

Question 22

What must be given when using sec119

Answer 22

RAIN

Power of entry however RAIN must be given

Question 23

What is the definition of Urgent Duty Driving?

Answer 23

Answer:
When an enforcement officer on duty is driving above the speed limit of the natural flow of traffic, and may not be complying with state traffic rules and is involved or enroute to a critical incident

Question 24

A fleeing driver event will be reviewed to determine whether the decision was:

Answer 24

Answer:

• Appropriate
• lawful
• Justified, considering all the circumstances
• Compliant with police instructions
• Whether there are lessons to be learned and applied

Question 25

What should the Emergency Communications Centre be advised of when information indicates the driver is likely to flee?

Answer 25

Answer:

• The REASON for wanting to stop the vehicle, and
• the INTENTION to signal the driver to stop, and
• whether a PURSUIT is going to be initiated if the driver fails to stop

R.I.P.

Question 26

What TENR considerations should be made for prior to stopping and during a potential fleeing driver (5)

Answer 26

Answer:
– what is the threat posed by the driver and 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 the pursuit greater than the initial posed by the driver or occupants
- what alternative options are there for resolving the event safely

Question 27

As a field supervisor What are your four responsibilities during a pursuit?

Answer 27

Answer:

• Maintain supervisory oversight
• Provide support to staff and the pursuit controller, avoiding direct involvement in the pursuit where possible
• Continuously performs on TENR a risk assessment to assist with the risk associated with the pursuit continue to be justified
• Direct abandonment if the TENR risk assessment identifies that the risk of harm outweighs the initial threat posed by the vehicle and occupants

Question 28

What are the seven things you must do following a decision or direction to abandon the pursuit?

Answer 28

Answer:

• Acknowledge the direction to the abandon the pursuit
• Reduce speed to increase distance between offending driver and own vehicle
• Deactivate warning devices once below the posted speed limit
• Stop as soon as it is safe to do so
• Advise pursuit controller and stationary and state their location
• Stop actively searching for the offending driver unless authorized by pursuit controller
• Resume normal duties and deploy as directed

Question 29

What tactical options are available when involved in a pursuit?

Answer 29

Answer:
Abandon
Air Support Unit
AOS or STG
Dog unit
Investigation
Temporary road closure
Tire deflation devices

Question 30

Under section 120 you may arrest a person without warrant if you have good cause to suspect that person has:

Answer 30

• Committed offence against any of sections 58 to 62, or
• Has assaulted that or any other enforcement officer acting in the course of their duty, or
• Person does not complete a compulsory impairment test in a satisfactory manner for the officer who is trained to give the test (s71A)

Question 31

Grounds for invoking section 121

Answer 31

The officer BORG that person in charge of a motor vehicle at time is:

• Is incapable of having proper control of the vehicle due to his/her physical or mental condition, or
• does not complete the compulsory impairment test an satisfactory manner to an enforcement officer who is trying to give the test, or
• fails or refused to undergo compulsive impairment test when required to do so under section 71A, or
• the requirements of any enactment concerning work time or rest time and not being complied with
• in all the circumstances, the direction or Prohibition or action is necessary in the interest of that person or any other person of the public

Question 32

Under section 121 what can the officer do relation to a driver who is deemed incapable of driving?

Answer 32

Answer:
-forbid that person to drive a motor vehicle for such a period as a enforcement officer specifies

• Direct the person to drive the vehicle to a specified place where the driver may obtain rest, or where the load of the vehicle and the conditions make it appropriate that the driver should drive to that place
• Take possession of all ignition or other keys of the vehicle and for that purpose require that person to deliver up immediately all such keys.
• Take such steps as maybe necessary to render the vehicle immobile or move it off the road so not traffic hazard
• forbid a person under subsection 2(a) who has undergone an evidential breath test and that the test is positive for a period of 12 hours unless satisfied there is good reason for imposing shorter prohibition.
• officer may arrest person without warrant who fails to comply with a direction under this section

Question 33

What was held in TAPARA v Police? Sec 114 Wanting to speak with passenger.

Answer 33

Answer:
Court held that the constables who wished to stop the vehicle under section 66(2) of the Transport Act 1962 (now s114 Land Transport Act 1998) were not justified just because they wanted to speak to the passenger.
There no other justified reason for the vehicle stop associated to driving behavior and under the provisions of section 66 (LTA) do not completely give the officers unrestricted right to stop the vehicle.

Question 34

What was held in R V Thomas?
Situation: constables became suspicious of vehicle because the vehicle r/o was a known drug user. Vehicle stop led to discovery of 70gm cannabis and utensils.

Answer 34

Answer:
Court on appeal held the vehicle was not stopped under any conditions breaching the Land Transport Act that the vehicle once stopped made it an unlawful stop any subsequent discovery of drugs inadmissible.

Question 35

What was held in JOHNSON v Police?
Situation: two police officers not in uniform stop vehicle for roadworthiness check and subsequently arrest driver for theft.

Answer 35

Answer:
The court held that the officers did not use red and blue lights or sirens when stopping the vehicle. They also we’re not wearing uniform or a badge of authority.
Therefore the stop was not deemed lawful and the subsequent arrest and search of this person was challenged.
CIB and other non-uniform members should take particular note of procedural requirements relating to identification contained in section 114

Question 36

What was held in Police v DUFF?
Situation was a driver was stopped due to driving an excess of 100 km/h. Officer told the driver to remain stopped for the purposes of a driver check. The driver failed to remain stopped and once caught was subsequently charged.

Answer 36

Answer:
The court found held that the officer was entitled to check the particulars of the driver and or vehicle and was in within the conditions of s113(2) of the Land Transport Act 1998 to ask the driver to remain stopped.

Question 37

Investigation for fleeing driver incidents - Page 25

Answer 37

All fleeing driver events will be investigated to identify the offender and hold them to account.

A fleeing driver notification must be completed for every fleeing driver event.