Road Policing

Question 1

What is urgent duty driving?

Answer 1

Driving on duty above the speed limit, and may not be complying with certain traffic rules; and (refer UDD situations)

Question 2

Urgent duty driving situations

Answer 2

*critical incident
*gathering evidence
*apprehending an offender
*facilitating movement of official motorcade
*activities approved by Commissioner; AND….
Relying on defences under LTA for not complying, which would prevent execution of that duty

Question 3

What is a critical incident?

Answer 3

*Force/threat of force
*Risk of serious harm to any person
*Persons in the act of committing a crime

Question 4

Factors to consider when commencing/continuing UDD

Answer 4

*time of incident
*nature and seriousness
*proximity of incident
*proximity of other units
*environment
*driver/vehicle classification
*use of warning devices vs tactical approach
*vehicle type

Question 5

What is a tactical approach?

Answer 5

UDD without activation of lights and, or sirens

Question 6

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

Answer 6

No. Deactivation of warning devices must be in line with fleeing driver abandonment procedure

Question 7

Role of Field Supervisor (during UDD)

Answer 7

*Maintain supervisory oversight
*Provide support - to staff and pursuit controller
*Continuously perform TENR risk assessment - continued pursuit justified?
*Direct abandonment - if risk outweighs need to apprehend immediately

Question 8

What is a fleeing driver?

Answer 8

*Driver signalled to stop but fails to stop or remain stopped;
*Driver who flees as result of Police presence, whether signalled to stop or not

Question 9

Do Police have to use red/blue flashing lights and siren at all times (continuously) while undertaking UDD?

Answer 9

Yes. Unless a tactical approach is used.

Question 10

TENR (UDD) risk assessment must consider
(Decision to stop vehicle)

Answer 10

*initial THREAT - posed by vehicle occupant/s
*NECESSITY - to immediately apprehend
*RISK of harm - to any person by commencing pursuit

Question 11

Supervisor responsibilities after a fleeing driver pursuit

Answer 11

*Hot debrief
*Fleeing Driver notification and NIA records completed (within 5 days of end of shift )
*Review Fleeing Driver notification
*If staff unable to complete notification, supervisor to complete
*Health and safety reporting completed if required
*Investigation commenced to ID offender

Question 12

If pursuit abandoned permission must be obtained from pursuit controller before what?

Answer 12

*Signalling driver to stop; AND
*Recommencing a pursuit

Question 13

If info indicates a driver is likely to flee, what 3 things will Comms want to know?

Answer 13

1. Intention to signal to stop
2. Whether pursuit going to be initiated
3. Reason for wanting to stop driver

Question 14

Who is responsible for directing the investigation to ID and hold fleeing driver to account?

Answer 14

The field supervisor (Sgt, A/Sgt)

Question 15

Sec.114 (1) LTA 1998
Who is authorised to signal a vehicle to stop under this section?

Answer 15

Enforcement officer in uniform, wearing distinctive cap, hat, helmet, with badge of authority affixed to it.

Question 16

Sec.114 (2) LTA 1998
Who is authorised to signal a vehicle to stop under this section?

Answer 16

Enforcement officer in a vehicle displaying blue, or blue/red flashing lights, or sounding siren.

Question 17

Sec.114 (2A) LTA 1998
How long must a driver remain stopped?
(R v Duff)

Answer 17

As long as reasonable necessary to complete any enforcement powers or duties, i.e. confirm identity, ascertain if a warrant to arrest exists. However, generally no longer than 15 minutes.

Question 18

Is it lawful to stop a vehicle under Sec.114 LTA 1998 for a purpose unrelated to traffic enforcement?

Answer 18

No. Every vehicle stop must be legally justified, e.g., if not LTA, then SASA 2012, MODA 1975 etc.

Question 19

Sec.35 Policing Act 2008
When may a Constable temporarily close a road?

Answer 19

(a) Public disorder exists/imminent
(b) Danger to public exists/expected
(c) Offence punishable by 10 yrs + at/near that place (crime scenes)

Question 20

Sec.119 LTA 1998
Power of entry to any premises without warrant

Answer 20

Good cause to suspect:
*Contravened request Sec.114 (remain stopped, provide details, undergo test drink/drug); AND
*Committed/is committing offence reckless/dangerous driving, or under influence of drink/drug; AND
Police are freshly pursuing

*Require person to undergo impairment test (alcohol/drugs)

Question 21

Sec.119(6) LTA 1998
Obligations on Police when exercising this power

Answer 21

*ID self
*Inform person and occupant/s the power of entry is being exercised pursuant to Sec.119 LTA 1998

Question 22

Sec.120 LTA 1998
Arrest of person for EBA/drug driving offences or assault

Answer 22

May arrest if -
*has committed offence against (EBA/drug driving); OR
*has assaulted officer acting in course of official duties; OR
*does not satisfactorily complete compulsory impairment test

Question 23

Sec.121(1) LTA 1998
Immobilisation of vehicle

Answer 23

RGTB
Person in charge of vehicle - physical/mental condition ….
(A) is incapable of proper control; OR
(B) does not satisfactorily complete compulsory impairment test; OR
(C) fails/refuses to compulsory impairment test; OR
(D) fails/refuses blood test

Question 24

Sect 121(2) LTA 1998
Enforcement officer may also

Answer 24

(a) Forbid person to drive
(b) Direct person to drive to specified place
(c) Take possession of vehicle keys
(d) Render vehicle immobile

Question 25

When is a Fleeing Driver Notification required?

Answer 25

For every fleeing driver event
including driver signalled to stop, and failed to stop or remain stopped, or driver who flees due to Police presence, whether signalled to stop or not