Road Policing Flashcards
Overriding principles for UDD
Public and police safety takes precedence over the necessity to undertake urgent duty driving
Safety prioritised UDD in safest possible manner At speed and manner appropriate to circumstances Individually legally responsible Will use risk based assessment and Cat A vehicles preferred
UDD definition
When driving above speed limit or natural flow of traffic and must be for either:
Responding to critical incident
Gathering evidence of alleged offence
Apprehend for traffic or criminal offence
Apprehending fleeing driver
Providing g security to and facilitating movement of
Commissioner approved activity - in writing
And
Relying on land transport rule and LTA for not complying with traffic rules and regulations which would prevent the execution of that duty
Critical incident
Force or threat of force
Person faces risk of serious harm
Responding to people in act of committing a crime
Reengaging after abandonment
Permission must be sought from pursuit controller
Only granted if they are satisfied that any subsequent risks are mitigates or the situation has changed
This would become a new pursuit and notification
Abandonment can be directed by lead or secondary vehicle drivers or passengers, field supervisor or pursuit controller
LTA 114
Power to require driver to stop and give name and address etc
Empowers
Constable in uniform (or in distinctive hat cap or helmet) to signal or request a drive to stop the vehicle ASA practicable
A constable in a vehicle following another to use lights or siren to require driver to stop
Can be kept stoped as long as reasonably necessary to obtain particulars and on demand, give full name, address, DOB, occupation, and number. State whether owner or not and give details of person if not owner
No longer than 15mins if obtaining identity only
May arrest without warrant if good cause to suspect
Failed to comply with Section it signal under this section or
Gave false or misleading info
Land Transport Rule 2004
5 provides defence to drive within speed limit if engaged in urgent duty driving or vehicle and emergency vehicle being used in an emergency with red beach or siren or both
11.18 and .18 apply when processing against red light or stop or give way signs. Must be in emergency vehicle with lights or siren sounding. No more than 20kph and take due care to avoid collision
113
Enforcement officer may enforce transport legislation
May at any time
First person on a road, whether or not in charge of a vehicle, to give name, address, DOB or other particulars specified to persons identity and the give such information as is within the persons knowledge and as may lead to the ID of the driver or person in charge of a vehicle
Inspect, rest and examine vehicle - includes land transport documents
If believes vehicle on reasonable grounds cause obstruction on road or to entrance or that the removal is desirable in interest of road safety, enter or authorise person to enter and move vehicle to place where no a hazard
Direct driver or person in charge to move if reasonable grounds believe it to be an obstruction
Forbid unlicensed to drive
Forbid person who is operating a transport service without a licence to operate that transport service
Direct person using vehicle or riding or driving animal to stop to keep in particular line of traffic
Direct pedestrian to not proceed across road
LTA 119
Powers of entry
In course of pursuit, by force if necessary, enter any premises which the person has entered if
- determining whether or not a power os conferred by 69 or 68 (EBA) should be exercised
- completing the exercise of any such power in respect of that person
Must have good cause to suspect person has
- contravened a request or requirement under 114 and
- also committed offence against 35(1)(a) or (b) (reckless or dangerous driving) or recently driving under influence
LTA 120
Arrests of persons for alcohol or drug related offences or assault in enforcement officer
Arrest if Good cause to suspect
- committed offence sections 58-62 or
- has assaulted that or any other enforcement officer while acting in course of duty
Arrest if does not complete CIT in satisfactory manner under 71A
Person assisting officer may arrest without warrant in case of assault. That person must deliver the person in to custody of constable ASAP.
LTA 121
Enforcement officer may immobilise vehicle etc in specified circumstances
If believe in reasonable grounds that person in charge of vehicle because of physical or mental condition
- is in capable of having proper control or
- does not compete CIT is satisfactory manner or
- fails or refuses CIT
May
Forbid for specified time
Direct to drive to specified place to rest
Take possession of ignition or other keys of the vehicle
Take steps to render immobile or remove to place where not a traffic hazard
Forbid for 12 hours unless good reason for shorter
May arrest without warrant a person who fails to comply
LTA 121A
Enforcement officer may give directions or immobilise vehicle if driver breached certain licence conditions
If believe on reasonable grounds that person in charge of vehicle breached any condition of class 1 or 6 leaner or restricted licence
May Forbid till comply with condition of licence Direct person to specified place Take possession of ignition or keys Render immobile or move if hazard
May arrest without warrant if fails to comply
Power continues until driver is able to drive without breaching condition of that licence or another person is able to drive without breaching their licence or any enactment
Tapara v police 1998
Stopping vehicles 114
Wanted to speak with identifier passenger. Driver failed to stop and drove to place where trespassed.
Judge stated that as the constables were not concerns with any aspect of the transport act but simply wished to talk to the passenger, they could not rely on 114 (formerly 66) to stop the vehicle
R v t 2001
Stopping vehicle under 114 and SS
Saw bad driving st intersection, did not stop vehicle until 3.8km later. Check on driver showed drug convictions.
Cannabis smelt And search done. Drugs and cash etc found.
Stopping of vehicle found to be inadmissible by DC as did not suspect alcohol impaired but for reason or drug convictions. Search found to be admissible.
Court of appeal overturned evidence being adjustable as smelling if cannabis directly linked to illegal stop. As no road safety concerns and officer acting on simple hunch.
Johnston v police 1995
Masterton HC 114 procedures
Ununiformed and unmarked vehicle used to stop vehicle to check road worthiness.
Tool box seen, went to arrest after refused to accompany for questions and decamped. Charged theft and escapes.
114 requires officers be in uniform, wearing head gear or use lights and siren. These not used so deemed stopping of vehicle unlawful, and arbitrary detention so breach of 22. Therefore evidence inadmissible
Police v Duff 2010
Roadside inquiries
Stopped for speeding under 114. Obtained details and told to remain so checks could be done. Failed to remain.
DC found him entitled to leave.
HC deemed no - authority to complete enforcement powers or duties must mean that officer can make inquiries to determine if there are any powers or duties to exercise
