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Core P K > Road Policing > Flashcards

Road Policing Flashcards

1
Q

urgent duty driving must able to be justified in response to what

A

a threat

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2
Q

what can assist u in minimising risk while operating a police vehicle

A

a continuous risk assessment (TENR)

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3
Q

no duty is so urgent that…

A

that it requires the public or police to be placed at unjustified risk

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4
Q

what is the over arching principle of urgent duty driving?

A

public and police safety takes precedence over the necessity to undertake urgent duty driving

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5
Q

what category vehicles are preferred for urgent duty driving and why?

A

category A vehicles because they are more visible

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6
Q

all police drivers who undertake urgent duty driving must be able to do what?

A

justify their actions based on all the circumstances that exist at the time

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7
Q

what is urgent duty driving?

A

when an enforcement officer 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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8
Q

when can enforcement officers undertake urgent duty driving?

A

when responding to:

  • critical incident
  • gathering evidence for an offence
  • apprehending offender for an offence
  • apprehending fleeing driver
  • providing security to/facilitating an official motorcade as part of an operation
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9
Q

what enactments do officers rely on for defences against non compliance with traffic regulations

A

Land Transport Rule 2004 and Land Transport Act 1998

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10
Q

what constitutes a critical incident

A

situations where:

  • force or threat of force is involved
  • any person faces the risk of serious harm
  • responding to people in act of committing crime
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11
Q

what factors must urgent duty drivers take into consideration as well as all the circumstances?

A
  • time of incident
  • nature and seriousness of incident
  • proximity of incident
  • proximity of other units to incident
  • environment eg. weather, traffic volume, road type
  • driver and vehicle classification and passengers
  • whether warning devices activated or “tactical approach”
  • vehicle type
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12
Q

what must police use continuously while undertaking urgent duty driving?

A

they must use red and blue flashing lights and siren UNLESS using a tactical approach

they must also continuously re-assess situation and adjust accordingly

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13
Q

what is a tactical approach?

A

it is urgent duty driving without warning devices (lights/sirens)

involves increased risks to police and public, speed and manner of driving must consider increased risks

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14
Q

how can a tactical approach be an advantage?

A

by allowing you to bring patrol car closer to an offender/incident without alerting anyone of your arrival

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15
Q

what are some examples of when you would use a tactical approach?

A
  • approaching a scene of serious crime in progress
  • attending a report of a suicidal person
  • obtaining evidence of a speed offence where offenders driving is not dangerous and risk of not using warning devices is low
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16
Q

when are there NO defences under the land transport act 1998 or land transport rule 2004?

A

when you are NOT using lights OR sirens and proceeding against traffic signals or through intersections

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17
Q

Can a tactical approach be used once fleeing driver incident is initiated?

A

No

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18
Q

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

A

to comply with law and drive in manner prioritising police and public safety

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19
Q

what is the role of passenger (enforcement officer) during urgent duty driving?

A
  • advises driver of route, situational factors and risks

- operates radio if comms are required

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20
Q

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

A
  • manages police performance of driver behaviour
  • identifies safety risks
  • immediately reports breaches to their superior
  • investigates and reports crashes of police vehicle
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21
Q

what is the role of a manager during urgent duty driving?

A

ensures:

  • sureplan notified of police vehicle crashes
  • monitoring of health and safety obligations
  • crash files are forwarded to district road policing manager and district police professional conduct
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22
Q

what is the role of the controlling officer during urgent duty driving? (communications centre shift supervisor)

A

ensures units are directed to the incident as appropriate

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23
Q

what is the over arching principle in the fleeing driver policy?

A

the over arching principle is that the safety of police and public takes precedence over the immediate apprehension of the fleeing driver

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24
Q

when would a fleeing driver incident be allowed to commence or continue?

A

when the seriousness of the offence and necessity of apprehension outweigh the risk or pursuing

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25
Q

why must your decision to commence or continue a fleeing driver incident be continually assessed and reassessed in accordance with TENR risk assessment tool?

A

to ensure:

  • actual or perceived risks are fully understood on a continuing basis and
  • tactical options available are understood and deployed appropriately
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26
Q

Police conduct and management of fleeing driver incidents must balance which 3 things?

A
  • safety of police and public
  • risks involved
  • public interest in apprehension of fleeing driver
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27
Q

who can order the abandonment of a fleeing driver pursuit and when?

A

all of the following can order the abandonment of a pursuit if they believe the risk to the public, police or the fleeing driver outweighs seriousness of offence and necessity for immediate apprehension

  • lead or secondary drivers or passengers
  • the field supervisor
  • pursuit controller
28
Q

what is meant by the term abandon during a police pursuit?

A

no further attempt to signal the vehicle to stop will be made unless approved by the pursuit controller

29
Q

in pursuit cases where pursuit controller is not a police communications constabulary member or command is passed to a field supervisor where MUST this be identified and why?

A

in the weekly comms report for assessment as to whether there were any operational risks and issues that may require further action

30
Q

what is the purpose of TENR during a pursuit?

A

it is a decision making process that supports the assessment of information for the safety of police and others

the response for any situation must be timely, proportionate and appropriate

31
Q

what is the over riding principle when applying TENR during a pursuit?

A

“safety is success.” Public and Police safety is paramount and every effort must be made to minimise harm and maximise safety

32
Q

the TENR risk assessment during pursuit must balance two things, what are they?

A

ongoing exposure to harm vs current threat fleeing driver poses and necessity to respond

33
Q

if TENR risk assessment determines that a fleeing driver does not pose an imminent threat what is the preferred approach?

A

fleeing driver should be apprehended through subsequent lines of inquiry

34
Q

what must you balance when undertaking a a decision to pursue a motor cyclist?

A

severity of offending vs current risks as per TENR

35
Q

what is the role of the LEAD VEHICLE DRIVER in pursuit?

A

Primary responsibility is to deciding whether to pursue fleeing driver

  • continuous risk assessments
  • ensure warning devices activated throughout pursuit
  • direct passenger to do comms
  • notify north comms that vehicle failed to stop, location, direction, vehicle description and reason for pursuit
  • acknowledge pursuit warning given by dispatcher
  • maintain regular comms comply with all directions from pursuit controller
36
Q

what is the role of a POLICE CONSTABULARY PASSENGER in pursuit?

A
  • Must undertake radio communications if in lead vehicle
  • Advises lead vehicle driver of possible risks
  • May direct lead driver to abandon pursuit, pursuit controller must be notified when safe to abandon and reason for it
37
Q

what is the role of the SECONDARY VEHICLE in pursuit

A
  • follows safely behind lead vehicle to provide support and tactical options if required
  • take over comms if lead vehicle is one up
  • may direct abandon pursuit by notifying comms when safe to do so and reason for abandonment
38
Q

what is the role of OTHER POLICE VEHICLES IN VICINITY OR RESPONDING AS A TACTICAL OPTION in a pursuit

A
  • must not take active participation in pursuit or respond UNLESS: prepping tactical options, undertaking temp road closure, collecting intel, or responding to pursuit controller direction that could assist in safely stopping fleeing driver
  • notify pursuit controller of location, tac option, and seek permission if self initiating tac option
  • must cease all non essential radio comms
  • must NOT follow behind fleeing driver unless approved to do so by pursuit controller
39
Q

what MUST you advise comms of when initiating pursuit?

A

MUST advise of pursuit

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

lead vehicle must repeat sit rep until acknowledged by comms

40
Q

should you continue pursuing if the identity of the driver is known and there is no immediate threat to the public or police?

A

No, subsequent inquiries and fleeing driver apprehension can be conducted later

41
Q

who advises all vehicles that the pursuit is abandoned?

A

the pursuit controller

42
Q

if pursuit is abandoned what else can the pursuit controller consider?

A

pursuit controller can consider the use of other tactical options or initiate an inquiry phase

43
Q

if aerial surveillance is involved and a pursuit is abandoned what must pursuit controller specify?

A

pursuit controller must specify whether aircraft must abandon observations or assist with inquiry phase

44
Q

once a pursuit has been called to abandon what steps must all police vehicles who actively pursued the fleeing driver take?

A
  • acknowledge direction to abandon or advise abandonment
  • reduce speed and increase distance from fleeing driver
  • deactivate warning signs once below speed limit
  • stop as soon as safe to do so
  • confirm to pursuit controller they are stationary and location
  • undertake an inquiry phase as directed by field supervisor
45
Q

when would a pursuit controller grant permission to re-engage a vehicle previously involved in an abandoned pursuit?

A

when pursuit controller is satisfied any subsequent risks are mitigated or the situation has changed

the subsequent re-engagement would become a new pursuit and notification

only pursuit controller determines whether fleeing driver will be signalled to stop and advises of their decision

46
Q

what tactical options are available during a pursuit?

A
  • abandon pursuit
  • aerial surveillance
  • dog unit
  • inquiry phase
  • non compliant stop (moving block - AOS OR STG only)
  • tyre deflation devices
  • temporary road closure
47
Q

what does section 114 of the LTA 1998 empower an officer to do?

A

empowers officer to:

  • to signal or request a driver to stop the vehicle as soon as practicable (must be wearing uniform or distinctive cap, hat or helmet with special badge of authority affixed to it)
  • if in a police vehicle following another vehicle may require another vehicle to stop by displaying blue and red flashing lights or sounding a siren
  • this stop is for traffic enforcement purposes specified in s114
  • obtain details nadotn and state whether or not they are the owner, if not give name and address of owner to the best of their knowledge
  • officer may require driver to stop for as long as reasonably necessary to establish identity of the driver but not longer than 15 minutes if requirement to remain stopped is only for obtaining details
  • officer may arrest person if fail to comply or give false or misleading information
48
Q

what does s121 of the search and surveillance act 2012 empower an officer to do?

A

empowers officer to stop a vehicle to conduct a search under a power of search:

  • without a warrant if satisfied there are grounds to search the vehicle
  • with a warrant if satisfied the warrant has been issued and is in force
49
Q

what does s39 of the crimes act 1961 say about the use of force?

A

you are justified in use of force and protected from criminal responsibility when

  • executing or assisting to execute any warrant OR
  • making or assisting to make any arrest

UNLESS these duties can be exercised by reasonable means in a less violent manner

50
Q

what does rule 5.1(3) of the land transport (road user) rules 2004 give officers?

A

provides a defence to the requirement to drive within speed limit if:

  • engaging in urgent duty driving and compliance with speed limit would likely prevent execution of their duty OR
  • vehicle is used as an emergency vehicle and operating a red beacon or siren or both
51
Q

what do rules 11.18 and 11.19 of the LTR 2004 provide exemption for?

A

provides exemption to compliance with red traffic light, give way signs and stop signs

constables must be driving emergency vehicle and displaying blue and red beacons or sounding siren

constable must take care to avoid collision with traffic or pedestrians and MUST not drive over 20km/h through red lights, stop signs and give way signs

52
Q

what does s113 of the LTA 1998 allow an officer to do?

A
  • direct any person on a road to provide details, nadotn or give information within their knowledge as to the identity of the driver
  • inspect, test and examine vehicle or land transport document
  • enter or direct another person to enter vehicle to move it if it is an obstruction on the road, blocking a driveway or for safety reasons
  • forbid someone to drive
  • direct a person driving a vehicle or animal on road to proceed in or keep to a particular line of traffic or direction
  • direct pedestrian not to proceed across the road
53
Q

what does s119 empower an officer to do?

A

enter onto any premises without warrant by force if necessary if a person they were in pursuit of enters into that premises

officer must be freshly pursuing and must have RGTS that the person has contravened a requirement under s114 or committed an offence in relation to reckless or dangerous driving(s35(1)(a) or s35(1)(b) LTA 1998)

officer may enter onto premises to either determine if EBA powers should be exercised or to complete exercise of a power in respect of that person (as if they were in a motor vehicle on a road)

54
Q

when can you arrest without warrant under section 120 of the LTA 1998

A

arrest for persons for alcohol-drug related offences and assault on enforcement officer when:

  • officer has RGTS person has committed offence against s58 to 62 (failures/refusals to remain, accompany or undergo cit or blood tests)
  • officer has RGTS person has assaulted an enforcement officer while acting in course of their duties
  • person whose not an officer but assisting officer may arrest person without warrant and hand over to custody of officer after arrest
55
Q

what does s121 of the LTA 1998 empower you to do?

A

allows you to:

  • forbid person to drive
  • direct person to drive to a place where they can rest
  • take possession of ignition or keys from a person or require them to give it up immediately
  • take steps necessary to immobilise vehicle or move it t a place where its not hazardous

IF you have RGT BELIEVE:

  • person is incapable of having proper control of the vehicle
  • person does not complete compulsory impairment test in manner satisfactory to officer trained to give CIT under s71
  • person fails or refuses to undergo CIT when required under s71
  • person not complying with work time/rest time requirements
  • the direction or prohibition or action is necessary in interests of that person or anyone else
56
Q

if a person undergoes an evidential breath test and it appears to the officer that the test is positive how long can the officer forbid a person to drive?

A

the enforcement officer can forbid the person from driving for 12 hours unless there is a good reason for imposing a shorter prohibition

57
Q

what does s121A of the LTA 1998 empower an officer to do?

A

officer may:

  • forbid person to drive until able to comply with conditions of learner or restricted license
  • direct person to drive to a specific place eg home
  • take possession of all ignition or keys of the vehicle from person or require them to give them to you immediately
  • to immobilise vehicle or move to a place where it is not a traffic hazard
IF officer has RGT BELIEVE:
- person driving a vehicle has breached any condition of a class 1 or class 6 learner license or restricted license held by that person
58
Q

the power to take possession of of keys, immobilise, or move vehicle unser s121A(2) continues until when?

A

until:

  • driver is able to drive without breaching conditions of drivers license OR
  • another person is able to drive vehicle without breaching the persons license or any enactment
59
Q

Tapara v Police

A

Police recognised passenger in car and wanted to talk to him, attempted 3T but driver failed to stop

with reference to Po v Ministry of transport the Court held that:

  • the duties imposed by s66 (now 114) are restricted to the enforcement of any particular provision
  • the obligations are directed towards matters relating to the operation of the vehicle
  • s66 (now 114) does not confer completely unrestricted rights to interfere with the activities of the citizen

Bundell vs AG court held such an interference with the rights of the individual must be conducted within strict limits and defined parameters

the court went on to hold that because the Constables were not concerned with any aspect of the LTA but simply wished to talk to the passenger of the vehicle they could not rely on s66(now114) to stop the vehicle

60
Q

R v Thomas

A

stopping vehicles s114, ss314B and 317A of crimes act

suspected drug offender seen changing lanes suddenly and then failing to go through green light at intersection

court of appeal held:

  • the smelling of cannabis was directly linked to and tainted by earlier illegal stopping
  • there had not been an act independent of the unlawful stopping that could give rise to the drug search
  • there was no legal basis for police to stop vehicle other than a hunch
  • the seriousness of the intrusion on individual outweighs state interest in continuing prosecution therefore search was unreasonable

Note: it is not lawful to use s114 of LTA to stop a vehicle for a purpose unrelated to traffic enforcement

61
Q

Johnston v Police

A

2 officers not in uniform and in unmarked stop a vehicle to check road worthiness, officer noticed tool box in back seat he suspected was stolen, search conducted

High court held:

  • s114 requirement that officers be in uniform, wearing headgear or use warning devices when conducting a stop under the section
  • the evidence showed officers were not in uniform and did not use lights or sirens in stopping the vehicle
  • failure to observe this requirement meant vehicle stop was unlawful and detaining of driver was a breach of s22 NZBORA
  • therefore evidence resulting from the breach was therefore inadmissible

Note: CIB and plain clothed officers must take particular note of procedural requirements relating to identification

62
Q

Police v Duff

A

vehicle stopped under s114, required by officer to remained stopped while details being checked, driver failed to remain stopped then failed to stop

district court held:
- requiring driver to remain stopped was beyond the parameters set under s114 therefore Duff was entitled to leave when he did

high court held:

  • po v ministry of transport allows a more malleable power to make inquiries of the driver provided the stop is for a reasonable time
  • serious consequences would result if officers could not require drivers to remained stopped while inquiries were being made as to whether they were disqualified, suspended or forbidden to drive
  • while s114 provides basis for the stop, s113 permits the exercise of any powers conferred to enforce land transport legislation

decision:

  • statements from po v ministry of transport support the proposition that the s114 power to stop and require a driver to remain stopped for reasons beyond the obtaining of particulars so long as they are exercised for road transport purposes
  • officer may make inquiries relevant to their enforcement of the act or road transport purposes
  • officer can also make inquiry as to the existence of any warrant to arrest for a person after stopping under s114
63
Q

Page v Police

A

police attempt to stop driver with no headlights on, driver drives into driveway at home without stopping police follow him into driveway onto property, wife comes out, driver admits hes been drinking, police require driver to accompany back to station for EBT process which proved positive

high court held:

  • police were in fresh pursuit of car so under s119 police entitled to pursue page down driveway and prevent him from entering his house HOWEVER
  • s119 places INESCAPABLE DUTY on officer to identify himself and advise driver and occupants of the premises that the power of entry is being exercised under s119
  • police failed to discharge duty and therefore police were unlawfully on page’s property
  • appeal allowed
64
Q

what does s35 of the Policing Act 2008 relate to and what does it empower an officer to do?

A

s35 relates to temporary road closures if you have RGT BELIEVE:

  • public disorder exists or is imminent at or near that place
  • danger to member of public exists or expected
  • offence punishable by 10 years imprisonment or more has been committed or discovered at or near that place

temporary closure is allowed for as long as reasonably necessary in the circumstances

65
Q

under s35 of the Policing Act 2008 what constitutes a road? and what constitutes traffic?

A

a road can be a:

  • motorway
  • a private road
  • a private way

traffic means all or any specified type of traffic including pedestrian traffic

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