Road Policing

Question 1

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

Answer 1

Public and police 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

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

Answer 2

Red and blue flashing lights while undertaking urgent duty driving unless using tactical approach.

Question 3

What is a tactical approach?

What continuous assessment should be made while operating a Police vehicle?

Answer 3

Urgent duty driving without the use of either lights and sirens activated. This increases risks to the safety of Police and public. Therefore, using a tactical approach is the exception rather than the rule.

T.E.N.R should be used while operating a police vehicle and will assist in minimizing the risk.

Question 4

Situations when you would use a tactical approach include:

Answer 4

• Approaching serious crime scene in progress
• Attending a report of a suicidal person
• obtaining evidence of speeding offence

Any tactical approach must be proportionate to the incident. Can only exceed the speed limit when justified during a tactical approach.

Question 5

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

Answer 5

• The key objective is to resolve the fleeing driver pursuit as quickly as possible using the least amount of 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 6

Who can abandon a pursuit?

Answer 6

The lead or secondary vehicle drivers or their passengers, the field supervisor, or the pursuit controller or the dispatcher

Question 7

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

Answer 7

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

Question 8

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

Answer 8

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
• 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 9

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

Answer 9

• ACKNOWLEDGE any direction to abandon the pursuit
• IMMEDIATELY reduce speed to increase distance
• DEACTIVATE lights and sirens ONLY once below speed limit
• STOP when safe to do so
• ADVISE comms of location and that you are stationary
• STOP actively looking unless authorised
• COMMENCE inquiry phase

Question 10

What legislation is relevant to a fleeing driver pursuit?

Answer 10

Sec 114 Land Transport -
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

Sec 9 Search and Surveillance-
Empowers a constable to stop a vehicle if they have reasonable grounds to suspect that a person is unlawfully at large or has committed an offence punishable by imprisonment, and believes the person is in that vehicle.

Question 11

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

Answer 11

• The vehicle being used by a constable engaged in urgent duty driving and compliance with the speed limit would likely prevent the execution of the officers duty
• The vehicle was an emergency vehicle being used in an emergency and activating red and blue lights or siren or both

Police must reduce speed to 20km/hr when proceeding through an intersection

Question 12

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

Answer 12

No

Sec 114 does not give police unrestricted rights to interfere with the activities of the citizen.

Question 13

Sec 114 LTA - officer requirements

Answer 13

• wearing uniform or hat with badge of authority
• red and blue flashing lights and siren

Question 14

Sec 35 - What grounds should exist for closing of roads

Answer 14

If constable has RGTB

• 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

Traffic means all or any traffic (including pedestrians)

Temporarily means for a period reasonable in the circumstances

Question 15

What must be given when using s119 SAS.

Answer 15

RAIN
- reason
- act
- intention
- name

Question 16

What principles ensure public and police safety during urgent duty driving?

Answer 16

• Public and police employee safety must be prioritized
• Urgent duty driving to be conducted as safe as possible
• Officers must drive at the speed appropriate to the circumstances
• Officers individually legally responsible for their actions
• Officers will use TENR continually to assess the incident
• Category A vehicles are preferred for UDD as they are more visible

Question 17

What is the definition of Urgent Duty Driving?

Answer 17

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 18

What must you consider as part of your initial TENR risk assessment for starting a pursuit

Answer 18

– the initial threat posed by the occupant/s
- The necessity to immediately apprehend the driver and passengers
- The risk of harm to any person created by commencing a pursuit

Question 19

What does section 113 of the land transport legislation allow an officer to do?

Answer 19

• Direct person on the road whether in charge of a vehicle or not to give the person‘s full name, full address, date of birth, occupation and telephone number
• Inspect, test, and examine the brakes or any part of a vehicle on a road or any associated equipment or
• Arrange transport document, or a document resembling a transport document displayed or carried on the vehicle
• If the officer believes on reasonable grounds a vehicle is an obstruction on the road may enter for the purpose of moving it
• Direct the driver or person in charge of the vehicle to remove the vehicle from the road
• Forbid an unlicensed driver to drive a motor vehicle
• Forbid a person who is operating a transport service without a license to operate a transport service
• Direct a person using a vehicle or riding or driving an animal on the road to stop the vehicle animal or to cause it to proceed in or keep to a particular line of traffic or direction
• Direct a pedestrian not to proceed across the road in contravention of a direction to stop given by the enforcement officer

Question 20

Under section 114 of the Land Transport Act 1998 what power does an officer have?

Answer 20

• Require the driver of the other vehicle to stop
• Vehicle must remain stopped for as long as is reasonably necessary to complete the exercise of any powers conferred with or any duties imposed on the officer
• Give full name full address date of birth ownership of vehicle details etc. to the enforcement officer
• Ask the driver to remain stopped as long as reasonably necessary to enable the officer establish identity of the driver but not for longer than 15 minutes if the requirement to remain stopped is made under this subsection only.
• May arrest a person without warrant if the officer has GCTS a person is failing to comply with this section or a signal request or giving false or misleading information under this section.

Question 21

What powers of sec 120 LTA give an enforcement officer?

Answer 21

Arrest a person without warrant has good grounds to suspect that person has-

• Committed offense 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 to a satisfactory manner for the officer who is trained to give the test

Question 22

In Sec 121 LTA what do you need to believe on reasonable grounds?

Answer 22

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 to a 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
• not complying with requirements concerning work time or rest time of any enactment, or

In all the circumstances, the direction or action is necessary in the interest of that person or any other person of the public

Question 23

Under section 121A LTA. What can an officer do in relation to a driver who is deemed incapable of driving?

Answer 23

• 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 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 24

What was held in TAPARA v Police?

Answer 24

Court held that the constables who wished to stop the vehicle under section 114 Land Transport Act were not justified just because they wanted to speak to the passenger.

Theres no other justified reason for the vehicle stop associated to driving behavior and under the provisions of the section does not completely give the officers unrestricted right to stop the vehicle.