6.1 Fleeing Driver Must Know Flashcards
Must Know - Tell me about the key objective in resovling fleeing driver incidents
Resolving the fleeing driver pursuit as safely and as quickly as possible, using the least amount of force, is the key objective.
Must Know - What does abandon mean?
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.
Must Know - Can I be directed to pursue a vehicle?
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.
Must Know - What must I do as a driver when a pursuit is abandoned
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.
Must Know - What if I see the vehicle again?
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.
Tell me about the case law around 114 where the constable just wanted to talk to a passenger and the vehicle failed to stop.
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.
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.
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.
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.
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.
Must Know - 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.
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
Must Know - Tell me about the case law around section 119 when freshly pursuing onto private property to breath test.
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;
Must Know - What must the Pursuit Controller do when the pursuit is abbandonned?
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.
Must Know - Section 35 – Temporary closing of roads, What is the definition of road
road has the meaning given in section 315(1) of the Local Government Act 1974 except that it includes—
- a motorway within the meaning of section 2 of the Transit New Zealand Act 1989; and
- a private road within the meaning of section 315(1) of the Local Government Act 1974; and
- a private way within the meaning of section 315(1) of the Local Government Act 1974
Must Know - Section 35 – Temporary closing of roads, what does temparily mean
temporarily means for a period that is reasonably necessary in the circumstances
Must Know- Section 35 – Temporary closing of roads, what does traffic mean
traffic means all or any specified type of traffic (including pedestrian traffic).
Must Know - What must I do when I start a purist and how?
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.”
