6.1 Fleeing Driver

Question 1

What is the overarching principle of fleeing driver incidents

Answer 1

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

Question 2

What about additional principles of a fleeing driver incident ?

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

What is a fleeing driver?

Answer 3

A ‘fleeing driver’ is a driver who has been signalled to stop by an officer but fails to do so.

Question 4

Tell me about the key objective in resovling fleeing driver incidents

Answer 4

Resolving the fleeing driver pursuit as safely and as quickly as possible, using the least amount of force, is the key objective.

Question 5

What must I assess continually before and during a pursuit

Answer 5

The decision to commence, continue, or abandon a fleeing driver pursuit must be continually assessed and reassessed in accordance with the TENR (Threat-Exposure-Necessity-Response)

Question 6

Why do I use T.E.N.R?

Answer 6

the actual or perceived risks are fully understood on a continuing basis; and the tactical options available are understood and deployed appropriately How Police conduct and manage fleeing driver incidents must balance: •public and Police employee safety; •the risks involved; and •the public interest in apprehending those who fail to stop.

Question 7

What do the lead, secondary drivers or passengers, field supervisor and pursuit controller have in common?

Answer 7

The lead or secondary vehicle drivers or their passengers, the field supervisor, and the pursuit controller must monitor the risks and take responsibility to make decisions about the safe management and apprehension of the fleeing driver. Any of these individuals can order the fleeing driver incident to be abandoned

Question 8

What does abandon mean?

Answer 8

Permanently abandon the fleeing driver pursuit. No further attempt to signal the vehicle to stop will be made unless the Pursuit Controller gives prior approval.

Question 9

What is involved in signalling a driver to stop?

Answer 9

Police vehicle drives up behind the vehicle/driver concerned and signals the driver to stop using flashing red and blue lights and a siren. An officer in uniform may also signal a vehicle to stop.

Question 10

What is a tactical vehicle?

Answer 10

Any Police vehicle or officer not actively pursuing the fleeing driver but seeking authorisation from the pursuit controller to conduct approved tactical options.

Question 11

Using TENR the response to any situation must be ……….

Answer 11

The response to any given situation must be considered, timely, proportionate and appropriate.

Question 12

What is the overriding principle of TENR

Answer 12

Safety is success. Public and employee safety are paramount, and every effort must be made to minimise harm and maximise safety.

Question 13

As part of a flexible response model what should be considered?

Answer 13

all suitable tactical options should be considered or requested to safely apprehend the fleeing driver. This could include not pursuing or abandonment.

Question 14

If the driver is not posing an imminent threat what would be the preferred approach?

Answer 14

the preferred approach is for the offender to be apprehended through subsequent lines of inquiry

Question 15

Why are motorcyclists treated differently?

Answer 15

Motorcyclists often flee at high speeds, undertaking high risk driving behaviours, which place increased risks on all involved. Any decision to pursue a motorcyclist must balance the severity of the offending against the current risks in accordance with TENR.

Question 16

What if a drivers behaviour becomes dangerous when I pursue them but it wasn’t before?

Answer 16

If a fleeing driver was not driving in a dangerous or reckless manner prior to being signalled to stop, but now is, the Officer must determine as part of their risk assessment if they should continue to pursue the fleeing driver due to the potential impact of their presence

Question 17

Can I be directed to pursue a vehicle?

Answer 17

No driver can be directed to commence or continue a fleeing driver pursuit against their judgement. A driver’s decision not to commence a fleeing driver pursuit, or to abandon a pursuit, cannot be overridden.

Question 18

Tell me about the responsibilities of the lead vehicle driver?

Answer 18

Has primary responsibility for deciding whether to pursue a fleeing driver. The lead vehicle driver must: •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 19

What about the responsibilities of a police passenger ?

Answer 19

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 20

What about the secondary vehicle in the pursuit?

Answer 20

•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 21

What about other Police vehicles in vicinity or responding as a requested tactical option

Answer 21

•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 22

When a pursuit is abandoned by any member what must police drivers do?

Answer 22

All vehicles must therefore comply with the road user rule.

Question 23

What must I do as a driver when a pursuit is abandoned

Answer 23

Acknowledge any direction to abandon the fleeing driver pursuit, or advise the Pursuit Controller that the pursuit has been abandoned. Immediately reduce speed to increase the distance between the fleeing vehicle and their own. Deactivate warning devices once below the posted speed limit. 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. Confirm to the Pursuit Controller they are stationary and state their specific location. Undertake an inquiry phase as directed by the field supervisor.

Question 24

What should an enquiry phase consist of.

Answer 24

all viable lines of inquiry to identify and hold the fleeing driver accountable should be exhausted. The inquiry phase should be dealt with as a priority prevention activity. An inquiry phase may consist of, but not limited to, the following actions: •Aircraft monitors the fleeing driver to allow inquiry phase to be initiated •observations on known addresses •registered vehicle address inquiry •speed camera photographs unlawfully taken vehicle inquiries reported petrol drive-offs CCTV footage area inquiries section 118 Land Transport Act 1998 letter to registered owner 28 day impoundment under section 96 (1AB) Land Transport Act 1998.

Question 25

Can I urgent duty drive during the enquiry stage?

Answer 25

NO, An inquiry phase does not qualify for urgent duty driving.

Question 26

**What if I see the vehicle again?

Answer 26

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 27

What tactical options are available during a pursuit

Answer 27

Abandon pursuit- Aerial surveillance Dog Unit Inquiry Phase Non-compliantvehicle stop (moving block) (AOS or STG) Tyre deflation devices Temporary roadclosure

Question 28

Tell me about road spikes?

Answer 28

When a Police vehicle is positioned at a cordon point and the fleeing vehicle is heading through that cordon, a tyre deflation device may be deployed to stop the fleeing vehicle and apprehend the fleeing driver, so long as the deployment meets the requirements of the ‘Tyre deflation devices’ chapter.

Question 29

What powers do I have t in a pursuit?

Answer 29

Section 114 Land Transport Act 1998 Section 9 – Search & Surveillance Act 2012 (S & S Act) Empowers 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. Section 121 – Search & Surveillance Act 2012 Empowers 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. Section 39 - Crimes Act 1961 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. Land Transport (Road User) Rule 2004 Rule 5.1(3) provides 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. There are also specific exemptions under Rules 11.18 and 11.19 that apply to constables proceeding against a red light or stop or give way signs. 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. Note: This Rule does not permit careless, dangerous or reckless driving, or driving at a dangerous speed.

Question 30

Tell me about section 114 Land Transport Act 1998 in relation to pursuits?

Answer 30

A constable in uniform to signal or request a driver to stop the vehicle as soon as practicable. 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. The stop is for the traffic enforcement purposes specified in section 114.

Question 31

Section 113 – Enforcement officers may enforce transport legislation

Answer 31

May at anytime direct person to give details, test and examine vehicle, if it has caused an obstruction move it, forbid unlicensed driver, forbid to operate without TSL

Question 32

Section 114 – Power to require driver to stop and give name and address, etc

Answer 32

Power to stop and remain stopped, give details on demand, state if they are the owner, if not the owner give name and address and anything else that may identify owner. Max 15 min to establish ID. Longer for other functions. Can K9 for failing to oblige.

Question 33

Section 119 – Powers of entry

Answer 33

May enter with GCS has refused section 114 request, reckless,dangerous or is/has been driving under the influence of drink/ drug. and freshly pursuing may enter by force to determine if EBA and complete procedures.

Question 34

Section 120 – Arrest of persons for alcohol or drug-related offences, or assault on enforcement officer. Also includes what

Answer 34

If they do not complete a CIT test in a satisfactory manner.

Question 35

Section 121 – Enforcement officer may immobilise vehicle, etc, in specified circumstances What are they?

Answer 35

Believes on reasonable grounds Driver is incapable of having proper control of the vehicle; or fails or refuses to undergo a compulsory impairment test or Worktime. necessary in the interests of that person or of any other person or of the public. May Forbid. 12 hours for EBA unless reason for less direct to drive to location for rest or load rectified . Take possession of all keys and render immobilise. Can K9

Question 36

Section 121A - enforcement officer may give directions or immobilise vehicle if driver breaches certain licence conditions. What are they?

Answer 36

Breach of learner of restricted, direct them to drive to a specified location( Home) take all keys, immobilise or move vehicle. Can K9

Question 37

Tell me about the case law around 114 where the constable just wanted to talk to a passenger and the vehicle failed to stop.

Answer 37

The duties imposed on drivers by s114 / 66 must have been intended by Parliament to facilitate the enforcement or administration of the Act. But, apart from that obvious limitation, they are unqualified duties. They are restricted to the enforcement or administration of any particular provision. Against that background I think it is inconceivable that Parliament could have intended to provide a completely unrestricted right under provisions of s 66 of the Transport Act, a right which … would allow even capricious stopping.” His honour went on to say that as the constables were not concerned with any aspect of the Transport Act but simply wished to talk to the passenger of the vehicle they could not rely on their power under s 66 to stop the vehicle.

Question 38

Tell me about the case law where cannabis was smelt and found after police allowed the vehicle to travel for 3.8k and then stopped it using 114.

Answer 38

The smelling of the cannabis was directly linked to and tainted by the earlier illegal stopping. There was an interconnected sequence of events, there had not been an act independent of the unlawful stopping that could properly give rise to a search under the Misuse of Drugs Act. • There was no legal basis for the constable to believe he had the power to stop the vehicle acting on a simple hunch (road safety concerns were found not to be a significant reason for stopping the vehicle). • The seriousness of the intrusion in the circumstances on individual interests outweighed the importance of the legitimate state interests in continuing with the prosecution and accordingly the search was unreasonable. There is a general power to stop vehicles under s 121(1) of the Search and Surveillance Act 2012 There is also a power to stop vehicles under s 9 of that Act for the purpose of arresting persons if they are unlawfully at large or have committed an offence punishable by imprisonment. It is not lawful to use s 114 of the Land Transport Act 1998 to stop a vehicle for a purpose unrelated to traffic enforcement. Every vehicle stop must be able to be legally justified.

Question 39

Tell me about the case law where to plain clothes officers stopped and talked to suspects without being in uniform or using red and blues. The driver ran off and was charged with this and theft.

Answer 39

The High Court considered section 66 of the Transport Act 1962 (now s 114 Land Transport Act 1998), and noted the requirement that officers be in uniform, be wearing police headgear, or be using flashing blue or blue and red lights and sounding a siren when conducting a stop under the section. The evidence disclosed, however, that the officer were not in uniform, and had not used any lights or (seemingly) siren in stopping the appellant’s vehicle. The Court held that the procedural requirements of what is now s 114 are not merely technical, and that the failure to observe the elementary requirements of the section meant that the stopping of the vehicle was unlawful, and was an arbitrary detention in breach of section 22 of the NZ Bill of Rights Act 1990. The evidence resulting from the breach was therefore inadmissible, and both convictions would be quashed.

Question 40

**Tell me about the case law where the driver drove off and did not wait for the officer to do QP and was arrested for failing to remain and failing to stop.

Answer 40

The authority to complete enforcement powers or duties must mean that an enforcement officer may make inquiries to determine if there are any enforcement powers or duties to exercise. His Honour found that the inquiries an enforcement officer is entitled to make are:

“..those relating to the enforcement of the Act; or, road transport purposes…”.

The Court agreed that the statements of principle to be found in Po and other cases: “.. support the proposition that the s 114 power to stop and require a driver to remain stopped may be exercised for reasons that go beyond the obtaining of information of the type referred to in s 114(3) and (5), so long as they are exercised for road transport purposes.” Note: This allows checking for warrants and other land transport act requirements. If a warrant unrelated to transport is found you can still act on it

Question 41

**Tell me about the case law around section 119 when freshly pursuing onto private property to breath test.

Answer 41

119 LTA places upon the officer in such circumstances an inescapable duty to identify himself and to tell the person pursued and the occupant of the premises that the power of entry is being exercised under the section; the police failed to discharge that duty; the police were unlawfully on P’s property;

Question 42

** What must the Pursuit Controller do when the pursuit is abbandonned?

Answer 42

the Pursuit Controller must advise all vehicles involved that the pursuit is abandoned. This does not negate the Pursuit Controller considering other tactical options, or initiating an inquiry phase to apprehend the fleeing driver.

Question 43

**Section 35 – Temporary closing of roads, What is the definition of road

Answer 43

road has the meaning given in section 315(1) of the Local Government Act 1974 except that it includes—

1. a motorway within the meaning of section 2 of the Transit New Zealand Act 1989; and
2. a private road within the meaning of section 315(1) of the Local Government Act 1974; and
3. a private way within the meaning of section 315(1) of the Local Government Act 1974

Question 44

**Section 35 – Temporary closing of roads, what does temparily mean

Answer 44

temporarily means for a period that is reasonably necessary in the circumstances

Question 45

Section 35 – Temporary closing of roads, what does traffic mean

Answer 45

traffic means all or any specified type of traffic (including pedestrian traffic).

Question 46

Must Know - What must I do when I start a purist and how?

Answer 46

Police vehicle must advise Police Communications of the pursuit, when

safe to do so, including the justification e.g.,:

“Comms Centre, {vehicle call sign}, in pursuit.”