Fleeing driver policy
1982
Act
Information
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Table of Contents
Table of Contents
2
Policy statement and principles
3
What
3
Why
3
How
3
Overall principles
3
Purpose
3
1982
Definitions
5
Act
Decision to pursue
7
Motorcyclists
7
Police Presence
7
Responsibilities and responsibilities during a fleeing driver pursuit
8
Responsibilities for those actively pursuing
8
Pursuit Controller responsibilities during a pursuit
8
Information
Responsibilities after a pursuit
9
Communications
11
Communication information for fleeing driver incidents
11
Notification of driver failing to stop
11
Official
Sit Rep
11
Additional information
12
the
Direction to abandon
12
Inquiry phase
to
14
Charging considerations
14
Commencing a fleeing driver incident after abandonment
15
Abandoned events
15
Radio protocol
15
Pursuant
More information
15
Tactical options
16
What tactical options are available
16
Tyre deflation devices
16
Aerial surveillance
16
AOS/STG non-compliant vehicle stop
17
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Appendix A - Powers in respect of pursuing fleeing drivers
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Fleeing driver policy
Policy statement and principles
What
For various reasons some drivers make the decision to not stop when signalled to do so by Police. They often flee at high
speeds and/or undertake high risk driving behaviours to avoid apprehension, which increases the risks to all involved,
including the public.
Why
Fleeing drivers can be volatile and unpredictable. Incidents are often high risk and staff/public safety is the paramount1982
consideration when initiating and resolving any fleeing driver pursuit. Police employees must be flexible in their response
to what will often be a rapidly changing situation.
Act
How
Police will ensure that:
the decision to commence, continue, or abandon a fleeing driver pursuit must be continually assessed and
reassessed in accordance with the TENR-Operational threat assessment (TENR) risk assessment tool, to ensure the
pursuit is resolved as safely and as quickly as possible whilst using the least amount of force
all staff are suitably trained and are fully aware of their roles and responsibilities if engaged in a fleeing driver
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pursuit
all foreseeable and/or identified risks within the quickly changing environment of a fleeing driver pursuit are
considered and managed as efficiently and safely as possible
any decision to commence and continue a fleeing driver pursuit will be able to be justified
an inquiry phase is preferred over a fleeing driver pursuit wherever possible
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decisions to abandon fleeing driver incidents will be supported
safety is prioritised and risks minimised.
the
Overall principles
to
The overarching principle is that public and Police employee safety takes precedence over the immediate apprehension of
a fleeing driver. Additional principles are:
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
Pursuant
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.
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Purpose
The purpose of this chapter is to guide staff decision making around whether to pursue fleeing drivers, and if so, how to
pursue in a manner that prioritises safety and minimises risk.
A ‘fleeing driver’ is a driver who has been signalled to stop by an officer but fails to do so.
Fleeing driver incidents can be volatile, unpredictable and high risk. Safety is the paramount consideration in any decision
Information
to pursue a fleeing driver. Resolving the fleeing driver pursuit as safely and as quickly as possible, using the least amount
of force, is the key objective.
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) risk assessment tool, to ensure:
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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.
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 if they believe that the risk to the public, Police1982
employees and/or the fleeing driver outweighs the seriousness of the offence and the necessity of immediate
apprehension. Police employees should be flexible in their response to what will often be a rapidly changing situation.
Act
All fleeing driver incidents are subject to close scrutiny during and after a pursuit. Officers involved in the fleeing driver
pursuit are neither relieved nor protected from the consequences of reckless disregard for the lives and safety of others.
Fleeing driver incidents are subject to Police review, which includes consideration of the reasons that existed for the
pursuit. The fleeing driver pursuit may also be subject to scrutiny in civil or criminal proceedings.
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Definitions
This table outlines the meaning of terms used in this policy.
Term
Definition
Abandon
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.
District
Nominated by the District Commander to review pursuits in their district.
reviewer
1982
Field
The field supervisor overseeing the incident – this may be different to the pursuing officer’s line supervisor.
supervisor
Act
Fleeing
A driver who has been signalled to stop by a constable but fails to do so.
driver
Police
A constable who is a passenger in the lead or secondary vehicle.
constabulary
passenger
Information
Lead vehicle The first Police vehicle pursuing the fleeing driver.
Lead vehicle The driver of the lead Police vehicle pursuing the fleeing driver. This will usually be the driver of the Police
driver
vehicle that has initiated the fleeing driver pursuit, or the driver of a vehicle that has replaced the initial
pursuit vehicle at the direction of the Pursuit Controller.
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Pursuit
The shift commander at Police Communications (field supervisor or person to whom command is transferred
the
Controller
from Police Communications) who manages the fleeing driver pursuit. If a Police Communications shift
commander is unavailable, a constabulary team leader may take the role of pursuit controller. In exceptional
to
circumstances, this may be a Police employee who is not a constable.
In cases where the Pursuit Controller is not a Police Communications constabulary member or command is
passed to a Field supervisor, this must be identified in the weekly Comms report and assessed to identify
whether there were any operational risks and issues that may require further action.
Pursuant
Note: Police Communications retain overall operational oversight and organisational risk management even
though command may have been passed to a field supervisor. Police Communications may retake command.
Secondary
The second Police vehicle in the fleeing driver pursuit that follows the lead vehicle.
vehicle
Signalling a Police vehicle drives up behind the vehicle/driver concerned and signals the driver to stop using flashing red
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driver to
and blue lights and a siren. An officer in uniform may also signal a vehicle to stop.
stop
Tactical
Any Police vehicle or officer not actively pursuing the fleeing driver but seeking authorisation from the
vehicles/s
pursuit controller to conduct approved tactical options.
TENR
Threat, Exposure, Necessity, Response (TENR) - The Police threat assessment methodology (TENR) is a
decision making process that supports the timely and accurate assessment of information directly relevant
Information
to the safety of Police and others.
Urgent duty Urgent Duty Driving (UDD).
driving
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Other applicable policies are:
Police vehicle management (PVM)
Professional Police Driver Programme (PPDP)
Tyre deflation devices (TDD)
Use of force.
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Act
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Decision to pursue
Given how quickly a fleeing driver pursuit can develop and circumstances change, assessing the risks must be a continuous
process until the pursuit is resolved or abandoned by all staff involved.
TENR (Threat-Exposure-Necessity-Response) is a decision-making process that supports the timely and accurate
assessment of information directly relevant to the safety of Police and others. The response to any given situation must be
considered, timely, proportionate and appropriate.
The overriding principle when applying TENR is that of 'safety is success'. Public and employee safety are paramount, and
every effort must be made to minimise harm and maximise safety.
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The decision on whether to commence or continue a fleeing driver pursuit is one which requires careful initial and ongoing
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consideration of all of the known circumstances that exist at that time, as part of the TENR risk assessment.
The TENR risk assessment must balance the ongoing exposure to harm that the fleeing driver incident poses, or is creating,
with the current threat that the fleeing driver poses and the necessity to respond. This will determine your response.
As part of a flexible response model all suitable tactical options should be considered or requested to safely apprehend
the fleeing driver. This could include not pursuing or abandonment.
If the driver is known and does not pose an imminent threat, as determined by the TENR risk assessment, the preferred
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approach is for the offender to be apprehended through subsequent lines of inquiry.
Motorcyclists
Motorcyclists often flee at high speeds, undertaking high risk driving behaviours, which place increased risks on all
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involved. Any decision to pursue a motorcyclist must balance the severity of the offending against the current risks in
accordance with TENR.
the
Police Presence
to
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.
Pursuant
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Responsibilities and responsibilities during a fleeing driver pursuit
Once a fleeing driver pursuit is commenced, officer actions should be flexible and appropriate to what are often rapidly
changing situations, with all appropriate tactical options and resources available applied.
The lead or secondary vehicle drivers or their passengers, the field supervisor, and the pursuit controller all have a
responsibility to make decisions about the safe management and apprehension of the fleeing driver. Any of these
individuals can order the fleeing driver pursuit to be abandoned.
Responsibilities for those actively pursuing
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This table outlines responsibilities during a fleeing driver pursuit.
Role
During a pursuit
Act
Lead vehicle driver
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
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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
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comply with all directions from the Pursuit Controller.
Note: notwithstanding the above provisions, no
the driver can be directed to commence or continue
a fleeing driver pursuit against their judgement. A driver's decision not to commence a fleeing
to
driver pursuit, or to abandon a pursuit, cannot be overridden.
Police constabulary
Must undertake radio communications if in the lead vehicle.
passenger
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.
Pursuant
Secondary vehicle
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.
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Other Police vehicles in
Must not actively participate in the fleeing driver pursuit or respond, unless they are
vicinity or responding as
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
a requested tactical
fleeing driver.
option
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
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the Pursuit Controller.
Must comply with the 'Urgent Duty Driving' chapter and any direction from the Pursuit
Controller.
Pursuit Controller responsibilities during a pursuit
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The Pursuit Controller must actively monitor and manage the fleeing driver pursuit and where appropriate order
abandonment.
Step Action
1
Ensure the pursuit warning is given by the dispatcher and acknowledged by the lead vehicle (and secondary vehicle if
present).
2
If the officer and vehicle classification allow, appoint the Police vehicle that initiated the pursuit as the lead vehicle.
Replace unmarked vehicles (category B) in a fleeing driver pursuit with marked vehicles (category A) at the earliest
opportunity. Ensure a secondary vehicle takes over the pursuit commentary if the lead vehicle is single-crewed. 1982
3
Arrange aerial surveillance where available and if tactically appropriate.
Act
4
Maintain regular communications in accordance with the Police Communications procedure. Given the speed at
which fleeing driver incidents initiate and change, there may not be time for this procedure to be completed in
its entirety.
Monitor the situation reports (sit-reps) to ensure sufficient and relevant information is provided to enable
informed decision making.
Where there is a continued failure by the lead vehicle (or secondary vehicle if appropriate) to provide sufficient
relevant information in a timely manner, consider instructing abandonment of the fleeing driver pursuit.
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5
Regularly assess the risk to determine whether the need to immediately apprehend the driver is outweighed by the
risks posed by the continuation of the fleeing driver pursuit.
If sufficient doubt about the safe continuation of the fleeing driver pursuit exists, direct abandonment.
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6
Direct abandonment of the fleeing driver pursuit if the identity of the fleeing driver becomes known, the fleeing driver
does not pose an immediate threat to public or police employee safety, and they can be apprehended later.
the
7
Limit the number of Police vehicles following to no more than two, unless tactically appropriate.
to
8
Coordinate tactical vehicles and options, where appropriate, to support the lead and secondary vehicles, and control
traffic at critical points to maximise safety.
Responsibilities after a pursuitPursuant
This table outlines staff responsibilities following a pursuit.
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Role
Following a Pursuit
Pursuit Controller
Ensure that the ‘Comms Details’ section of the pursuit notification form is
completed as soon as practicable following the conclusion of the fleeing driver
event, but no later than end of shift.
Debrief the dispatcher if required.
Lead Vehicle
The unit that initiated the pursuit must ensure that the ‘Pursuit Details’ section
of the pursuit notification form is completed by the end of the shift.
Field / shift Supervisor (the officer
Has supervisory duties following a pursuit.
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overseeing the incident (or primary
Should take appropriate action to ensure compliance with this chapter. Any
staff at the time of the event)
incidents of non-compliance must be reported immediately to their
supervisor/manager.
Act
Ensure that the Pursuit Notification form is completed by all relevant staff
before the end of shift. If any staff member is injured and unable to complete
the form, the supervisor should complete.
Review and approve the pursuit notification form within 3 days*.
Ensure an inquiry phase, where appropriate, is conducted as a priority
prevention activity.
TDD deploying officer
Ensure that the ‘TDD Details’ section of the pursuit notification form is
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completed by the end of the shift*.
District Reviewer
Review their district pursuit notification forms to ensure compliance with this
chapter, within 3 days* of the review request.
Monitor pursuit activity in order to identify and manage any health and safety
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risks, training issues or lessons learnt. See Appendix B in the Debriefs chapter,
and report lessons learnt via the Debrief / Observations form.
the
to
* Where reporting timeframes cannot be met due to exceptional circumstances, ensure all known information is populated
within the required timeframes, and the form completed as soon as possible.
Pursuant
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Communications
The Police staff responsible for the fleeing driver communications should provide the Pursuit Controller with timely and
uniform sit-reps (when safe to do so). Where additional information is required or yet to be transmitted the dispatcher or
Pursuit Controller should prompt for the required details.
Communication information for fleeing driver incidents
The following information should be transmitted by the officer responsible for communications or requested by the
dispatcher in accordance with standard communications alerting and transmission of information protocols.
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Notification of driver failing to stop
For example:
Act
Step Action
1a
Police vehicle must advise Police Communications of the pursuit, when safe to do so, including the justification eg,:
"Comms Centre, {vehicle call sign}, in pursuit."
Location
Direction of travel
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Fleeing vehicle description
Reason for pursuit
The lead vehicle must repeat the sit-rep until Police Communications transmits acknowledgment.
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1b
Police Communications transmits pursuit warning to all vehicles involved:
"{Call sign} if there is any unjustified risk to any person you must abandon pursuit immediately. Acknowledge"
the
Vehicle/s acknowledges the pursuit warning with the words:
to
"{Call sign} Affirm"
1c
Police Communications transmits:
"{Call sign} confirm lights and siren are activated"
Pursuant
Vehicle/s acknowledges the pursuit warning with the words:
"{Call sign} Affirm"
Sit Rep
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Police officers and Communications Centre staff are responsible for transmitting and requesting relevant information, at
regular intervals, that will assist the Pursuit Controller with incident management.
Commentary should be maintained with breaks, at 5 second intervals, or when it is safe to do so.
The following examples, although not exhaustive, show what type of information should be transmitted (or requested) as
part of a sit-rep.
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2a Police unit transmits or Police Communications request:
call sign
speed over posted limit
manner of driving by fleeing driver.
2bPolice unit transmits or Police Communications request:
call sign
road rule breach
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location
speed over posted limit
road and traffic conditions.
Act
2c Police Communications transmits:
"{Call sign} report driver identity"
Officer responds with requested information.
Direct abandonment of the fleeing driver pursuit if the identity of the fleeing driver becomes known, the fleeing driver
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does not pose an immediate threat to public or police employee safety, and they can be apprehended later.
2dThe Pursuit Controller prompts for additional information and sit-reps and coordinates a tactical response as
appropriate.
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Additional information
the
Officers should only pursue a fleeing driver in accordance with Police policy and legislation.
to
PPDP driver classification and vehicle class may be requested (or transmitted) by Police Communications.
For example:
3 Police Communications transmits:
"{Call sign} report driver and vehicle class"
Pursuant
Vehicle reports the requested information, i.e.:
call sign
PPDP driver class
vehicle class. Released
Note: PPDP Silver drivers with a Gold supervisor in the vehicle can report as Gold while under supervision.
Direction to abandon
When the lead or secondary vehicle drivers or their passengers, the field supervisor, or the Pursuit Controller direct the
fleeing driver pursuit to be abandoned, 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
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apprehend the fleeing driver.
The standard Pursuit Controller direction to abandon a pursuit is:
"{Call sign} All vehicles, abandon pursuit now."
Field staff should notify Police Communications of the abandonment, the reason and current location, for example:
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"{Call sign} pursuit abandoned because {reason for abandonment, location xxxx}."
Once the direction to abandon is given, all vehicles must abandon the fleeing driver pursuit. All vehicles must therefore
comply with the road user rule. Where aerial surveillance is involved, this direction must specify whether the aircraft must
abandon observations or assist with an inquiry phase.
All Police vehicles must immediately carry out these steps following a direction or decision to abandon a pursuit.
Step Action
1
Acknowledge any direction to abandon the fleeing driver pursuit, or advise the Pursuit Controller that the pursuit has
been abandoned.
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2
Immediately reduce speed to increase the distance between the fleeing vehicle and their own.
Act
3
Deactivate warning devices once below the posted speed limit.
4
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.
5
Confirm to the Pursuit Controller they are stationary and state their specific location.
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6
Undertake inquiry phase as directed by the field supervisor.
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Inquiry phase
If the fleeing driver is not apprehended at the time of the fleeing driver pursuit, 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 does not qualify for urgent duty driving.
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
1982
observations on known addresses
registered vehicle address inquiry
Act
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.
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Charging considerations
All drivers apprehended for failing to stop should be considered for prosecution action pursuant the Solicitor General's
prosecution guidelines and the provisions of section 114 of the Land Transport Act 1998. If defendants have previous
convictions for breaches of section 114 then the enhanced penalties pursuant to section 52(3), 52(4), or 52(5) LTA may
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apply. These added to the charging document and the penalty provision of any summary of facts.
the
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Commencing a fleeing driver incident after abandonment
Abandoned events
Permission must be sought from the Pursuit Controller to engage a fleeing driver after abandonment.
Permission will only be granted to re-engage a vehicle previously involved in an abandoned fleeing driver incident, if the
pursuit controller is satisfied that any subsequent risks are mitigated or the situation has changed.
This subsequent engagement and any failing to stop, post any previous abandonment, would become a new pursuit and
notification.
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Radio protocol
Act
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.
As an example:
Step Action
1
Vehicle calls Pursuit Controller (Police Communications or field) using a pre-alert technique:
call sign
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request permission to signal the driver to stop
vehicle description or registration
location and direction of travel
manner of driving
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reason for signalling the driver to stop.
the
2
Only the Pursuit Controller determines whether the fleeing driver will again be signalled to stop and advises the
requesting officer of their decision.
to
More information
Refer 'Radio and Communication Centre Protocols' chapter.
Pursuant
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Tactical options
What tactical options are available
This table provides an overview of the standard tactical options available.
Tactical option Initiated by…
Conditions
Abandon pursuit Lead or secondary vehicle drivers or
Must be abandoned if directed by any of these people and
their passengers, the field supervisor, abandonment procedure must be followed.
or the Pursuit Controller
1982
Aerial
Pursuit Controller
Must be used when available to take over responsibility of
surveillance
providing commentary to the Pursuit Controller.
Act
Dog Unit
Pursuit Controller or Dog Unit
Must notify the Pursuit Controller if joining an event, when safe to
do so. Where tactically desirable the dog unit may be in addition
to the lead and secondary vehicle.
Inquiry Phase
Lead driver, Police passenger, Pursuit An inquiry should be dealt with as a priority.
Controller, field supervisor
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Non-compliant AOS or STG commander
In response to a mobile and armed fleeing driver.
vehicle stop
(moving block)
Can only be conducted by AOS or STG members who are trained
in the tactic.
(AOS or STG)
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Tyre deflation
Pursuit controller
Refer to the 'Tyre deflation devices' chapter.
devices (below)
Trained Police employees in
the
exceptional circumstances
to
Police Communications shift
commander for deployments on
heavy vehicles
Temporary road Pursuit controller
Refer to the 'Perimeter control' chapter.
closure
Pursuant
Tyre deflation devices
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.
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Aerial surveillance
Where available and tactically appropriate, an aircraft must take over primary responsibility for providing commentary to
Police Communications, in order to reduce pressure on the lead or secondary vehicle providing the sit-reps. This
commentary must be provided by an officer familiar with this chapter and the 'Urgent duty driving' chapter.
Once aerial surveillance is established, the pursuit controller must consider instructing the lead vehicle (and secondary if
present) to drop back and consider the appropriate role of all vehicles involved, including whether they should remain in
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pursuit, or whether other tactical options should be employed.
Aircraft can request permission from the pursuit controller to direct Police vehicles and officers as part of the Police
tactical response.
If any aircrew consider their aircraft has been identified by a fleeing driver, they must inform the Pursuit Controller. While
the presence of aerial surveillance can encourage fleeing drivers to stop their attempt to evade Police, there are also
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situations in which fleeing drivers drive in a dangerous manner to evade aerial surveillance (similar to ground pursuit).
The instruction to abandon a fleeing driver pursuit, by the Pursuit Controller, will not apply to an aircraft unless specifically
directed to do so. Where an aircraft is directed to cease observations, the aircrew will leave the area as safely and quickly
as possible.
The Pursuit Controller must continually assess the risk involved in ongoing aerial surveillance, and abandon aerial
observations if necessary.
Aircraft will assist the Pursuit Controller in the control and coordination of the pursuit by:
1982
providing sit-reps
advising the Pursuit Controller of any breaches of Police policy by pursuing or tactical vehicles, including the use of
any unauthorised vehicles involved in the pursuit
Act
continually undertake a risk assessment (TENR) and advising any change in justification to pursue
recommending abandonment by Police vehicles, in accordance with the abandonment section, to the Pursuit
Controller
ceasing aerial surveillance and advising the Pursuit Controller, if it is believed that aerial surveillance is contributing
to the fleeing driver incident risk;
where suitable equipment is available, recording the fleeing driver pursuit and notifying the Pursuit Controller if
video recording equipment is in operation
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monitoring and relaying information via Police Communications after the fleeing driver pursuit has been abandoned
or the fleeing driver has decamped on foot. The pursuit controller may use this information to authorise
commencement of a previously abandoned fleeing driver incident or to detect and arrest the fleeing driver and
passenger/s (if present).
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See also: 'Police air operations'.
AOS/STG non-compliant vehicle stop
the
In situations involving a mobile armed fleeing driver, AOS or STG commanders are approved to authorise a non-compliant
to
vehicle stop. This can only be done where there is no other timely practical method of containing the fleeing driver or
neutralising the threat they present, and the fleeing vehicle driver does not comply with signals or requests to stop. Only
AOS or STG personnel can undertake the tactic when:
they are responding to a mobile armed fleeing driver; and
they are trained in its use; and
Pursuant
it is undertaken in accordance with AOS or STG Standard Operating Procedures; and
it is authorised by an AOS or STG commander; and
it is undertaken in the capacity of an AOS or STG operation.
AOS or STG personnel must otherwise comply with policies and legislation outlined in this chapter.
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Appendix A - Powers in respect of pursuing fleeing drivers
Police drivers must comply with all relevant legislation. There is no blanket legal protection for Police involved in a fleeing
driver pursuit. Any actions taken may later need to be justified in any subsequent investigation or employment or legal
proceedings.
This table provides an overview of the legislation relevant to a fleeing driver pursuit.
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Legislation
Authority
Section 114 - Empowers:
Land
1.  A constable in uniform (or wearing a distinctive cap, hat or helmet with a badge of authority affixed to
Transport Act
it) to signal or request a driver to stop the vehicle as soon as practicable.
1998
2.  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.
Section 9 -
Empowers a constable to stop a vehicle without a warrant to arrest a person if they have reasonable
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Search &
grounds:
Surveillance
a.  to suspect that a person:
Act
Act 2012 (S &
i.  is unlawfully at large; or
S Act)
ii.  has committed an offence punishable by imprisonment; and
b.  to believe that the person is in or on the vehicle.
Refer to the 'Road blocks and stopping vehicles for search purposes' section of the 'Search' chapter for
further information.
Section 121 - Empowers a constable to stop a vehicle to conduct a search under a power of search:
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Search &
without a warrant (conferred under the S & S Act or another enactment specified in column 2 of the S
Surveillance
& S Act schedule) if satisfied there are grounds to search the vehicle;
Act 2012
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.
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Refer to the 'Road blocks and stopping vehicles for search purposes' section of the 'Search' chapter for
further information.
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to
Section 39 - Where any person is justified or protected from criminal responsibility in:
Crimes Act
executing or assisting to execute any warrant; or
1961
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
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reasonable means in a less violent manner.
Land
Rule 5.1(3) provides a defence to the requirement to drive within the applicable speed limit upon proof that
Transport
at the time the vehicle was being driven:
(Road User)
the vehicle was being used by a constable engaged on urgent duty and compliance with the speed
Rule 2004
limit would be likely to prevent execution of the officer's duty; or
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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.
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Note: This Rule does not permit careless, dangerous or reckless driving, or driving at a dangerous speed.
Version number:
11
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Fleeing driver policy
Owner:
NM: Road
Policing
Publication date:
12/10/2017
Last modified:
28/02/2020
Review date:
12/10/2019
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Printed on : 23/04/2020
Printed from : http://tenone.police.govt.nz/pi/fleeing-driver-policy
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Information
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Urgent Duty Driving
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Table of Contents
Table of Contents
2
Policy statement and principles
3
What
3
Why
3
How
3
Overview
4
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Introduction
4
Overriding principles
4
Act
What is urgent duty driving?
4
What is a 'critical incident'?
5
Factors to consider
5
Warning devices
5
What is a 'tactical approach'?
5
Legal provisions - defences
7
Breaches of statute
7
Information
Responsibilities
9
Related instructions
9
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Urgent Duty Driving
Policy statement and principles
What
Operating a Police vehicle, especially when engaged in urgent duty driving, including when driving above the speed limit or
above the speed of the natural flow of traffic and at intersections, can increase the exposure to risk of injury to Police
employees and the public.
Urgent duty driving must be able to be justified in response to the threat, and wherever possible, lights and sirens are
continually used unless a tactical response is undertaken.
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Ensuring a continuous threat assessment (TENR – Threat – Exposure - Necessity - Response) while operating a Police
vehicle, will assist in minimising risks to all.
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Why
Prioritising safety by driving with a high standard of care to minimise exposure to risk is critical to reducing road trauma,
and ensuring trust and confidence in Police vehicle operation.
How
Police ensure this by:
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prioritising Police and public safety when driving;
enforcement officers prioritising safety by driving with a high standard of care;
recognising that no duty is so urgent that it requires the public or Police to be placed at unjustified risk;
enforcement officers being aware that they are individually legally responsible for their actions;
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using the Police threat assessment tool TENR, when deciding whether to commence and continue urgent duty driving;
and
the
continuously using lights and sirens, where fitted, unless a tactical approach is justified.
to
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Urgent Duty Driving
Overview
Introduction
Urgent duty driving increases risks to public and Police safety and is often subject to considerable scrutiny. Enforcement
officers must prioritise safety by driving with a high standard of care, with appropriate use of warning devices, in a manner
appropriate to the situation, and in accordance with the Land Transport (Road User) Rule 2004 and the Land Transport Act
1998.
Enforcement officers must be able to justify their manner of driving taking into account all of the circumstances that
existed at the time.
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Overriding principles
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The overarching principle is that public and police employee safety takes precedence over the necessity to undertake
urgent duty driving.
Additional principles are:
public and police employee safety must be prioritised;
urgent duty driving must be conducted in the safest possible manner;
enforcement officers must drive at a speed and manner appropriate to the circumstances;
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enforcement officers are individually legally responsible for their actions;
enforcement officers will use the threat assessment tool (TENR); and
category A vehicles are preferred for urgent duty driving as they are more visible.
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Note: Where it is necessary to use a vehicle other than a category A, enforcement officers must factor this into their threat
the
assessment. No additional or different legal exemptions exist. The driver must be able to justify their actions based on all
to
of the circumstances that existed at that time.
No duty is so urgent that it requires the public or Police to be placed at unjustified risk.
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Note: Enforcement officers must assess the risk of carrying non-constabulary passengers before undertaking urgent duty
driving.
What is urgent duty driving?
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Urgent duty driving is when an enforcement officer on duty is driving above the speed limit or above the speed of
the natural flow of traffic, and may not be complying with certain traffic rules and is:
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either. . .
and. . .
responding to a critical incident
are relying on the defences under the Land Transport (Road User) Rule
gathering evidence of an alleged offence
2004 (RUR) and the Land Transport Act 1998 (LTA) for not complying with
apprehending an offender for an alleged
certain traffic rules and regulations which would prevent the execution
traffic or criminal offence
of that duty.
responding to a fleeing driver event in
accordance with the Fleeing driver policy
providing security to, and facilitating the
movement of, an official motorcade as part
of an operation (as established in the
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relevant Operation Orders)
engaged in activities approved by the
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Commissioner in writing.
What is a 'critical incident'?
A 'critical incident' includes situations where:
force or the threat of force is involved
any person faces the risk of serious harm
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Police are responding to people in the act of committing a crime.
Factors to consider
Drivers must take all of the circumstances into account including the following factors when deciding to commence or
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continue urgent duty driving and to determine the appropriate speed and driving manner:
time of the incident (is it in progress?);
the
nature and seriousness of the incident;
to
proximity of incident;
proximity of other units to the incident;
environment, e.g. weather, traffic volume, road type, speed limit and pedestrians etc.;
driver classification, vehicle classification and vehicle passengers;
whether warning devices are activated or a 'tactical approach' is being used; and
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vehicle type.
Situations may change, meaning drivers and enforcement officers who are passengers must constantly re-assess the
situation considering all of the factors, including those above, in line with TENR. The manner and speed of driving must be
adjusted accordingly (e.g. environmental conditions, incident seriousness or road speed limit).
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Police must use red and blue flashing lights and siren at all times (continuously) while undertaking urgent duty driving
unless a 'tactical approach' is used.
Police must not rely on road users to take evasive action when warning lights and sirens are activated - they do not
guarantee safety.
What is a 'tactical approach'?
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A 'tactical approach' refers to urgent duty driving without the activation of either warning lights and/or sirens. Undertaking
urgent duty driving without the activation of warning lights and/or sirens increases the road safety risks to public and
Police. Therefore, using a tactical approach is the exception rather than the rule. Vehicle speed and manner of driving
must reflect and take into account the increased risks resulting from the absence of warning devices.
A tactical approach can involve:
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adjusting vehicle speed;
turning off or not activating the siren; and
turning off or not activating the warning lights.
Using a tactical approach can be an advantage, allowing you to bring a patrol car closer to an offender/incident without
alerting anyone of your arrival. This can also provide you with greater opportunities to gather evidence. Lights, sirens, and
engine noise may alert an offender or aggravate a situation.
For example:
approaching a scene of a serious crime in progress;
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attending a report of a suicidal person; or
obtaining evidence of a speeding offence, where the offender's driving is not dangerous and the risk of not using the
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warning devices is judged as low.
Any tactical approach must be proportional to the incident, in line with the TENR assessment, and be able to be executed
safely.
A tactical approach, without lights or sirens whilst exceeding the speed limit or exceeding the speed of the natural flow of
traffic, can only be used in justifiable circumstances.
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Notes:
You will need to justify your decision to use a tactical approach should there be any subsequent investigation; and
if neither lights nor sirens are used, then the defences for proceeding against traffic signals or through intersections
do not apply. See 'Legal provisions - defences'.
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Note: A tactical approach cannot be used once a fleeing driver incident is initiated. Any deactivation of warning devices
the
must be in line with the fleeing driver abandonment procedure.
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Urgent Duty Driving
Legal provisions - defences
Police involved in urgent duty driving must familiarise themselves and comply with the law. There is no blanket legal
protection when involved in these duties, and Police may need to justify their actions in civil and criminal proceedings.
Note that some of the provisions cited below require, in order for the exemption to apply, warning devices to be activated.
If warning devices are required but not activated, or not fitted to the vehicle to use, the exemption will not be available.
The Land Transport (Road User) Rule 2004 (RUR) and the Land Transport Act 1998 (LTA) provide for defences, subject to
these conditions.
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You may have a defence for
…
if …
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any act or omission in
the act or omission was necessary in executing your duty.
breach of the RUR
Note: Where a specific exemption applies (e.g. proceeding against a stop sign), that
(under RUR clause 1.8)
exemption and associated conditions override this section.
exceeding speed limits
you are either:
(under RUR clauses 5.1 (3)(a),
engaged in urgent duty and to comply with the speed limit would be likely to prevent
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(b) and (c))
the duty being executed
driving an emergency vehicle in an emergency and operating a red beacon or a siren,
or both (see warning devices)
your vehicle is on a road with a speed limit of 60 km/h or more and you are
transporting an Executive Council member (all Ministers of the Crown) on urgent public
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business. (This also applies when you are transporting another person authorised by
the Minister on urgent public business).
the
Proceeding against a stop
you are:
sign, give way sign or traffic
to
driving an emergency vehicle displaying blue or red beacon (or both) or sounding a
signal
siren
(under RUR clause 11.18)
not exceeding 20 km/h (see warning devices)
taking due care to avoid collisions with pedestrians and other traffic.
Note: All of these conditions apply.
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Proceeding through an
you are:
intersection
driving an emergency vehicle displaying blue or red beacon (or both) or sounding a
(under clause 11.19 of the
siren
RUR)
not exceeding 20 km/h (see warning devices)
taking due care to avoid a collision with other traffic.
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Note: All of these conditions apply.
The mandatory 28-day
the vehicle is conveying Police performing an urgent duty, and to comply with the speed limit
licence suspension for
is likely to prevent or hinder that duty being executed.
exceeding the speed limit by
more than 40km/h
(under section 95(6)(b) LTA)
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Breaches of statute
Note that defences for breaches of the Land Transport (Road User) Rule 2004 are unlikely to be a defence for
contravention of a statute. This particularly applies in respect of excessive speed giving rise to a dangerous speed charge.
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Responsibilities
This table sets out the responsibilities of different roles when Police engage in urgent duty driving.
Role
Responsibilities
Driver
Complies with the law and drives in a manner that
prioritises public and Police safety.
Prior to commencing Urgent Duty Driving and continually
throughout, conducts threat assessment using TENR.
Enforcement officer who is a passenger
Advises the driver about the route, situational factors, risks
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and threats.
Operates the radio if communications are required.
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Prior to Urgent Duty Driving commencing, and continually
throughout, conducts threat assessment using TENR.
Field supervisor
Manages Police performance relating to driving behaviour.
Identifies and manages health and safety risks to those
staff.
Immediately reports policy breaches to their superior.
Investigates and reports crashes involving a Police vehicle.
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Manager
Ensures:
Sureplan notified of Police Vehicle crashes
monitoring of health and safety obligations
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crash files progressed to the District Road Policing Manager
and District Police Professional Conduct Manager for their
review.
the
Controlling officer
Ensures units are directed to the incident as appropriate.
to
Note: The controlling officer is a shift supervisor (office
of constable) at the appropriate Communications
Centre.
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Related instructions
This chapter must be read in association with these Police Manual chapters:
'Fleeing driver policy'
'Police vehicle management'
'Professional Police Driver Programme'
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'TENR-Operational threat assessment'.
Version number:
18
Owner:
NM: Road
Information
Policing
Publication date:
16/08/2019
Last modified:
28/11/2019
Review date:
16/08/2022
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Printed on : 23/04/2020
Printed from : http://tenone.police.govt.nz/pi/urgent-duty-driving
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Document Outline