Chapter 5: Fleeing Driver Policy

Question 1

What is the overall principal of the Fleeing Driver Policy?

Answer 1

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

Question 2

DEFINITIONS:
Abandon

District Reviewer

Field Supervisor

Fleeing Driver

Answer 2

Abandon: Permanently abandon, no further signals

DR - Nominated by DC to review pursuits in district

FS - Line control of lead or secondary vehicle drivers

FD - driver, signalled to stop, fails to stop

Question 3

DEFINITIONS:
Pursuit controller

Signalling driver to stop

Tactical vehicles

Answer 3

• shift commander at Comms
• can be field supervisor if command transferred by comms
  … who manages the pursuit.

signalling - flashing r&b lights and siren

TV’s - other vehicle not actively pursuing, seeking authority to deploy tactical options

Question 4

What do you use in your decision to pursue? 2 acronyms:
TENR & CAPT

What must you consider before pursuing - if they are driving safety initially?

Answer 4

TENR, and CAPT. (capture, OR captain (the person who makes the decisions))

Considered
Appropriate
Proportionate
Timely

• consider the effects of police presence on the behaviour of the driver.

Question 5

What are the responsibilities of Lead Vehicle Driver?
(x 8 things)

Can the driver’s decision not to pursue be overridden?

Answer 5

• primary responsibility whether to pursue
• assess risk constantly
• Lights and siren constantly
• if passenger cop - comms
• notify COMMS asap:
  “failing to stop, location, dir. of travel, vehicle description, reason for pursuit”
• acknowledge pursuit warning
• comply with instructions from pursuit controller.
• advise driver/vehicle class.

Drivers decision NOT to continue pursuit cannot be overridden.

(Silver driver with gold passenger can report as gold.)

Question 6

Responsibilities of Passenger of lead vehicle x3

Responsibilities of driver of secondary x3

Answer 6

• comms
• advise driver of risks
• direct to abandon and notify pursuit controller
• follows at safe distance
• takes over commentary if required
• direct abandonment

Question 7

Responsibilities of tactical vehicles in a pursuit? x3

Answer 7

• not actively pursue or actively participate
• road closures, tactical options etc.
• Notify PController of tactical options and seek permission

Question 8

What comms do Controller or field supervisor use to abandon pursuit?

Answer 8

“all vehicles abandon pursuit now…

“pursuit abandoned because… “

Question 9

What do all vehicles actively pursuing do when pursuit abandoned? x5

Answer 9

1. acknowledge abandonment
2. immediately reduce speed & deactivate warning devices once below speed limit
3. stop - when safe
4. Confirm stationary, advise location stopped (take photo of letterbox, location etc)
5. Undertake enquiry phase or tactical options.

Question 10

What is an enquiry phase with respect to an abandoned pursuit? x9

Answer 10

• eagle
• observations
• RO 4Q’s
• JTOC
• 4211 4Q’s
• servo’s
• CCTV
• Sn 118 letter to RO
• 28day impoundment under LTAct.

Question 11

Commencing another pursuit after abandonment - (when and what must happen first. )

Answer 11

• only granted if risks mitigated or situation changed

- officers must ONLY signal driver to stop after abandonment IF permission sought and approval given by P.Commander

Question 12

What are the tactical options available for vehicle pursuits / fleeing drivers? x7

Answer 12

• Abandon pursuit (initiated by: x4)
• Aerial Surveillance (PC)
• Dogs (PC or delta)
• Enquiry phase (x4)
• Non-compliant vehicle stop - moving block - only by AOS or STG (mobile and armed offender)
• Spikes (PC, Trained operators in exceptional circs)
• road closure (PC)

Question 13

When can a Non-Compliant Vehicle Stop by AOS or STG be authorised?

x5

Answer 13

• only AOS or STG can undertake tactic when:
• responding to mobile armed fleeing driver, and
• trained in its use, and
• in accordance with SOP’s
• Authorised by AOS or STG commander, and
• in capacity of AOS or STG operation.

Question 14

Fleeing Drivers - POWERS. Land Transport Act Sn114:
Q. what must officer do to signal driver to stop.
Q. When can this section be used.

Answer 14

A.- uniform, cap or badge, signal driver to stop
- constable in following a vehicle, lights, siren - signal to stop.

A. For traffic enforcement purposes only.

Question 15

Fleeing Drivers - related powers
S&S Act 2012 Sn9 - unlawfully at large

When can this section be used?
What do you have to satisfy before using?

Answer 15

RGS - person is:

• unlawfully at large
• committed offence punishable by imprisonment

RGB - person is:
- on or in vehicle

Question 16

Fleeing Drivers - related powers
S&S Act 2012 Sn121 - stopping vehicle for search:

What are the two scenarios that can be considered when stopping a vehicle to search it?

Answer 16

Stop vehicle to conduct search under a power of search

• Without warrant, if satisfied grounds to search vehicle
• With warrant, if satisfied warrant issued and in force.

Question 17

Fleeing Drivers - related powers
CA 1961, sn39 - Arrest

who and when can you use this…

Answer 17

• Cop or person assisting cop
• Executing warrant
• Making arrest

any force necessary to overcome force used to resist arrest - i.e.. driving away.

Question 18

Fleeing Drivers - related powers
Land Transport Act Road User Rule - allowed to drive faster than speed limit or thru lights/signals if… ( x 3 situations)

Answer 18

Defence to drive faster if:

• Vehicle used by cop on urgent duty and compliance with limit likely to prevent execution
• Emergency vehicle used in emergency, operating red lights/siren/both
• Lights/Stop signs, reduce speed to 20kph and proceed carefully