Fleeing driver policy In force from 12 October 2017 and current.pdf

Fleeing driver policy, Continued…

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 paramount 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.

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 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
  decisions to abandon fleeing driver incidents will be supported
  safety is prioritised and risks minimised.

Overall principles
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 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.

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.

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Fleeing driver incidents can be volatile, unpredictable and high risk. Safety is the
paramount consideration in any decision 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:
  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, Police 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.

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 reviewer
Nominated by the District Commander to review pursuits in
their district.
Field supervisor
The field supervisor overseeing the incident – this may be
different to the pursuing officer’s line supervisor.
Fleeing driver
A driver who has been signalled to stop by a constable but fails
to do so.
Police
A constable who is a passenger in the lead or secondary
constabulary
vehicle.
passenger
Lead vehicle
The first Police vehicle pursuing the fleeing driver.
Lead vehicle driver The driver of the lead Police vehicle pursuing the fleeing driver.
This will usually be the driver of the Police 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.
Pursuit Controller
The shift commander at Police Communications (field
supervisor or person to whom command is transferred 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 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.

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 vehicle
The second Police vehicle in the fleeing driver pursuit that
follows the lead vehicle.
Signalling a driver
Police vehicle drives up behind the vehicle/driver concerned
to stop
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.
Tactical vehicles/s Any Police vehicle or officer not actively pursuing the fleeing
driver but seeking authorisation from the pursuit controller to
conduct approved tactical options.
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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 to the safety of Police and others.
Urgent duty
Urgent Duty Driving (UDD).
driving

Other applicable policies are:
  Police vehicle management (PVM)
  Professional Police Driver Programme (PPDP)
  Tyre deflation devices (TDD)
  Use of force.
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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 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.

The decision on whether to commence or continue a fleeing driver pursuit is one which
requires careful initial and ongoing 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 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 involved. Any decision to pursue a motorcyclist must balance
the severity of the offending against the current risks in accordance with TENR.

Police Presence
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.
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Roles and responsibilities for 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
This table outlines responsibilities during a fleeing driver pursuit.
Role
During a pursuit
Lead vehicle
Has primary responsibility for deciding whether to pursue a
driver
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.

Note: notwithstanding the above provisions, 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.
Police
  Must undertake radio communications if in the lead vehicle.
constabulary
  Advises the lead vehicle driver of possible risks or any other
passenger
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.
Secondary
  Follows behind the lead vehicle at a safe distance, to provide
vehicle
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
  Must not actively participate in the fleeing driver pursuit or
vehicles in
respond, unless they are preparing tactical options,
vicinity or
undertaking a temporary road closure, collecting intelligence or
responding as a
are responding to a Pursuit Controller direction that could
requested
assist in safely stopping the fleeing driver.
tactical 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 the Pursuit Controller.
  Must comply with the ‘Urgent Duty Driving’ chapter and any
direction from the Pursuit Controller.

Pursuit Controller responsibilities during a pursuit
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.
3
Arrange aerial surveillance where available and if tactically appropriate.
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.
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.
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.
7
Limit the number of Police vehicles following to no more than two, unless
tactically appropriate.
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 pursuit
This table outlines staff responsibilities following a pursuit.
Role
Following a Pursuit
Pursuit
  Ensure that the ‘Comms Details’ section of the pursuit notification
Controller
form is completed as soon as practicable following the conclusion of
the fleeing driver event, but no later than end of shift.
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  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
  Has supervisory duties following a pursuit.
Supervisor
  Should take appropriate action to ensure compliance with this
(the officer
chapter. Any incidents of non-compliance must be reported
overseeing
immediately to their supervisor/manager.
the incident
  Ensure that the Pursuit Notification form is completed by all relevant
(or primary
staff before the end of shift. If any staff member is injured and
staff at the
unable to complete the form, the supervisor should complete.
time of the
  Review and approve the pursuit notification form within 3 days*.
event)
  Ensure an inquiry phase, where appropriate, is conducted as a
priority prevention activity.
TDD
  Ensure that the ‘TDD Details’ section of the pursuit notification form
deploying
is completed by the end of the shift*.
officer
District
  Review their district pursuit notification forms to ensure compliance
Reviewer
with this chapter, within 3 days* of the review request.
  Monitor pursuit activity in order to identify and manage any health
and safety risks, training issues or lessons learnt.

* 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.
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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.

Notification of driver failing to stop
For example:
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
  Fleeing vehicle description
  Reason for pursuit

The lead vehicle must repeat the sit-rep until Police Communications
transmits acknowledgment.
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”

Vehicle/s acknowledges the pursuit warning with the words:
“{Call sign} Affirm”
1c
Police Communications transmits:
“{Call sign} confirm lights and siren are activated”

Vehicle/s acknowledges the pursuit warning with the words:
“{Call sign} Affirm”

Sit Rep
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.
2a
Police unit transmits or Police Communications request:
  call sign
  speed over posted limit
  manner of driving by fleeing driver.
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2b
Police unit transmits or Police Communications request:
  call sign
  road rule breach
  location
  speed over posted limit
  road and traffic conditions.
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 does not pose an immediate threat
to public or police employee safety, and they can be apprehended later.
2d
The Pursuit Controller prompts for additional information and sit-reps and
coordinates a tactical response as appropriate.

Additional information
Officers should only pursue a fleeing driver in accordance with Police policy and
legislation.

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”

Vehicle reports the requested information, i.e.:
  call sign
  PPDP driver class
  vehicle class.

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 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:
“{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.
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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.
2
Immediately reduce speed to increase the distance between the fleeing
vehicle and their own.
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.
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
  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.

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 apply. These added to the charging document and the penalty provision of any
summary of facts.
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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.

Radio protocol
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
  request permission to signal the driver to stop
  vehicle description or registration
  location and direction of travel
  manner of driving
  reason for signalling the driver to stop.
2
Only the Pursuit Controller determines whether the fleeing driver will again be
signalled to stop and advises the requesting officer of their decision.

More information
Refer ‘Radio and Communication Centre Protocols’ chapter.
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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
Must be abandoned if directed by any of
vehicle drivers or their
these people and abandonment procedure
passengers, the field
must be followed.
supervisor, or the
Pursuit Controller
Aerial surveillance
Pursuit Controller
Must be used when available to take over
responsibility of providing commentary to the
Pursuit Controller.
Dog Unit
Pursuit Controller or
Must notify the Pursuit Controller if joining an
Dog Unit
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
An inquiry should be dealt with as a priority.
passenger, Pursuit
Controller, field
supervisor
Non-compliant
AOS or STG commander  In response to a mobile and armed fleeing
vehicle stop
driver.
(moving block)
Can only be conducted by AOS or STG
(AOS or STG)
members who are trained in the tactic.
Tyre deflation
  Pursuit controller
Refer to the ‘Tyre deflation devices’ chapter.
devices
  Trained Police
employees in
exceptional
circumstances
  Police
Communications shift
commander for
deployments on
heavy vehicles
Temporary road
Pursuit controller
Refer to the ‘Perimeter control’ chapter.
closure

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.

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
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role of all vehicles involved, including whether they should remain in 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 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:
  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
  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
  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).

See also: ‘Police air operations’.

AOS/STG non-compliant vehicle stop
In situations involving a mobile armed fleeing driver, AOS or STG commanders are
approved to authorise a non-compliant 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
  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.
Legislation
Authority
Section 114 - Land  Empowers:
Transport Act 1998
(1)   A constable in uniform (or wearing a distinctive cap, hat
or helmet with a badge of authority affixed to it) to
signal or request a driver to stop the vehicle as soon as
practicable.
(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 – Search
Empowers a constable to stop a vehicle without a warrant to
& Surveillance Act
arrest a person if they have reasonable grounds:
2012 (S & S Act)
(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.

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
Search &
under a power of search:
Surveillance Act
  without a warrant (conferred under the S & S Act or another
2012
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.

Refer to the ‘Road blocks and stopping vehicles for search
purposes’ section of the ‘Search’ chapter for further
information.
Section 39 - Crimes  Where any person is justified or protected from criminal
Act 1961
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.
In force from 12 October 2017 and current

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Fleeing driver policy, Continued…

Land Transport
Rule 5.1(3) provides a defence to the requirement to drive
(Road User) Rule
within the applicable speed limit upon proof that at the time
2004
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.

In force from 12 October 2017 and current

Page 19 of 19