Road Policing #Fleeing Driver Policy

Question 1

The Fleeing Driver Policy overarching principle is;

Answer 1

Public and Police employee safety takes precedence over the immediate apprehension of a fleeing driver

Question 2

Overall principles of the Fleeing Driver Policy are;

Answer 2

• fleeing driver incidents must be managed in the safest possible manner;
• an inquiry phase is preferred over a fleeing driver pursuit wherever possible and when circumstances allow;
• fleeing driver incidents will only be commenced and/or continued when the seriousness of the offence and the necessity of immediate apprehension outweigh the risk of pursuing;
• the fact that a driver is fleeing does not in itself justify a fleeing driver pursuit;
• decisions to abandon fleeing driver incidents will be supported;
• Police employees will use risk-based assessments (e.g. TENR) and apply a flexible response to changing circumstances; and
• fleeing drivers will be held to account

Question 3

How Police conduct and manage fleeing driver incidents must balance;

Answer 3

• public and Police employee safety;
• the risks involved; and
• the public interest in apprehending those who fail to stop.

Question 4

Who can order the fleeing driver incident to be abandoned

Answer 4

Lead or secondary vehicle drivers or their passengers
The field supervisor
The pursuit controller

Question 5

In cases where the Pursuit Controller is not a Police Communications constabulary member or command is passed to a Field supervisor

Answer 5

This must be identified in the weekly Comms report and assessed to identify whether there were any operational risks and issues that may require further action

Question 6

What are the responsibilities of the lead vehicle driver

Answer 6

• continuously assess the risks (TENR)
• ensure warning lights and siren are activated throughout the fleeing driver pursuit
• where there is a Police constabulary passenger direct that officer to undertake communications
• notify Police Communications as soon as practicable and when it is safe to do so that a vehicle has failed to stop, location, direction, fleeing vehicle description, and reason that it is being pursued (failure to stop is not a reason)
• acknowledge the pursuit warning given by the dispatcher
• maintain regular communication with Police Communications when it is safe to do so
• comply with all directions from the Pursuit Controller

Question 7

What are the responsibilities of Police constabulary passenger

Answer 7

• Must undertake radio communications if in the lead vehicle.
• Advises the lead vehicle driver of possible risks or any other considerations.
• May direct the lead vehicle driver to abandon the fleeing driver pursuit. The Pursuit Controller must be notified when safe to do so including the reason for abandonment.

Question 8

What are the responsibilities of the Secondary vehicle

Answer 8

• Follows behind the lead vehicle at a safe distance, to provide support and tactical options as required.
• Takes over the pursuit commentary, if the lead vehicle is single-crewed.
• May direct the fleeing driver pursuit to be abandoned by notifying the Pursuit Controller, when safe to do so, including the reason for abandonment

Question 9

What are the responsibilities of other police vehicles in vicinity or responding as a requested tactical option

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 intelligence or are responding to a Pursuit Controller direction that could assist in safely stopping the fleeing driver.
• Notify the Pursuit Controller of your location, tactical option and seek permission as appropriate, when safe to do so, if self-initiating a tactical option.
• Must cease all non-essential radio communication.
• Must not follow behind the fleeing driver pursuit unless directed or approved to do so by the Pursuit Controller.
• Must comply with the ‘Urgent Duty Driving’ chapter and any direction from the Pursuit Controller

Question 10

All Police vehicles actively pursuing must immediately carry out these steps following a direction or decision to abandon a pursuit.

Answer 10

1
Acknowledge any direction to abandon the fleeing driver pursuit, or advise the Pursuit Controller that the pursuit has been abandoned.
2
Immediately reduce speed to increase the distance between the fleeing vehicle and their own.
3
Deactivate warning devices once below the posted speed limit.
4
Stop as soon as it is safe to do so. If stopping in an area such as a motorway, safety may necessitate that the warning lights remain activated until the vehicle is mobile again.
5
Confirm to the Pursuit Controller they are stationary and state their specific location.
6
Undertake inquiry phase as directed by the field supervisor.

Question 11

Requirements for commencing a fleeing driver incident after abandonment are;

Answer 11

Permission must be sought from the Pursuit Controller to engage a fleeing driver after abandonment.

Permission will only be granted to re-engage a vehicle previously involved in an abandoned fleeing driver incident, if the pursuit controller is satisfied that any subsequent risks are mitigated or the situation has changed.

This subsequent engagement and any failing to stop, post any previous abandonment, would become a new pursuit and notification.

Officers must only signal a driver to stop, who was involved in a recently abandoned fleeing driver event, once approval has been given by the Pursuit Controller.

Question 12

What tactical options are available to bring a pursuit to a safe conclusion

Answer 12

Abandon pursuit
Aerial surveillance
Dog Unit
Inquiry Phase
Non-compliant vehicle stop (moving block)
(AOS or STG)
Tyre deflation devices
Temporary road closure

Question 13

Only AOS or STG personnel can undertake the non compliant vehicle stop when

Answer 13

• they are responding to a mobile armed fleeing driver; and
• they are trained in its use; and
• it is undertaken in accordance with AOS or STG Standard Operating Procedures; and
• it is authorised by an AOS or STG commander; and
• it is undertaken in the capacity of an AOS or STG operation

Question 14

Section 114 - Land Transport Act 1998 Empowers

Answer 14

1) A constable in uniform (or wearing a distinctive cap, hat or helmet with a badge of authority affixed to it) to signal or request a driver to stop the vehicle as soon as practicable.
2) A constable in a vehicle following another vehicle, by displaying flashing blue and red lights or sounding a siren, to require the driver of the other vehicle to stop

Question 15

Section 9 – Search & Surveillance Act 2012 (S & S Act)
Empowers

Answer 15

A constable to stop a vehicle without a warrant to arrest a person if they have reasonable grounds:

a) to suspect that a person:
(i) is unlawfully at large; or
(ii) has committed an offence punishable by imprisonment; and
b) to believe that the person is in or on the vehicle

Question 16

Section 121 – Search & Surveillance Act 2012

Empowers

Answer 16

A constable to stop a vehicle to conduct a search under a power of search:
• without a warrant (conferred under the S & S Act or another enactment specified in column 2 of the S & S Act schedule) if satisfied there are grounds to search the vehicle;
• with a warrant (issued under the S & S Act or another enactment specified in column 2 of the S & S Act schedule) if satisfied the warrant has been issued and is in force

Question 17

Section 39 - Crimes Act 1961

Answer 17

Where any person is justified or protected from criminal responsibility in:
• executing or assisting to execute any warrant; or
• making or assisting to make any arrest
that justification or protection extends and applies to the use of force as may be necessary to overcome any force used in resisting such execution or arrest, unless the warrant can be executed or the arrest made by reasonable means in a less violent manner

Question 18

Land Transport (Road User) Rule 2004
Rule 5.1(3) provides

Answer 18

a defence to the requirement to drive within the applicable speed limit upon proof that at the time the vehicle was being driven:
• the vehicle was being used by a constable engaged on urgent duty and compliance with the speed limit would be likely to prevent execution of the officer’s duty; or
• the vehicle was an emergency vehicle being used in an emergency and was operating a red beacon or a siren or both

Question 19

Rules 11.18 and 11.19 that apply to constables proceeding against a red light or stop or give way signs

Answer 19

The constable must be driving an emergency vehicle that is displaying red and blue beacons or sounding a siren The driving constable must reduce driving speed to not more than 20 km/h and take due care to avoid a collision with pedestrians and other traffic