(1) Is there a policy that police vehicles must observe speed limits whilst being driven for routine police work (i.e. excepting emergencies)?

Transcription

1 NOT PROTECTIVELY MARKED RESOURCES DIRECTORATE Information Compliance & Disclosure Section Police Headquarters, Saunders Lane, Hutton, Preston PR4 5SB Tel: Fax: John Dean Via Via 02 May 2012 Dear Mr Dean, FREEDOM OF INFORMATION APPLICATION REFERENCE NO: 3855/12 Thank you for your request for information received by Lancashire Constabulary on the 4 th April 2012, which was as follows:- (1) Is there a policy that police vehicles must observe speed limits whilst being driven for routine police work (i.e. excepting emergencies)? (2) If there is a policy, what form does it take? If there is a written policy, please supply a copy. (3) If there is a policy, is the policy being monitored, and if so, how? (4) If there is a policy being monitored, what were the results of the latest assessment? Please supply any relevant documents. Your request has now been considered and the information you are seeking can be found below:- 1 & 2. Police vehicles are subject to the same laws as any other vehicles in respect of speed limits and road use. However, S.87 of the Road Traffic Regulation Act 1984 provides an exemption in certain circumstances, stating: No statutory provision imposing a speed limit on motor vehicles shall apply to any vehicle on an occasion when it is being used for fire and rescue authority, ambulance or police purposes, if the observance of that provision would be likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion. A copy of Lancashire Constabulary s Safe Driving Policy is attached below, which clarifies the force position on when the above exemption may be cited by police drivers. I have also copied below the relevant section of the Safe Driving - Supporting Procedures, which further expands on this matter: 4.8 Speed Limit Exemption. Whilst utilising the statutory exemptions contained in the law, police drivers must at all times remember they are required to drive at a speed and in a manner that does not constitute dangerous NOT PROTECTIVELY MARKED

2 NOT PROTECTIVELY MARKED driving or driving without due care and attention. 4.9 Guidance on Exceeding Speed Limits. To assist police drivers on what is acceptable when utilising the statutory exemption in response driving to incidents OR when performing general patrol duty the following guidance is given; Pursuits are managed by the Pursuit Policy and associated procedures which will be adhered to at all times and are not subject to this guidance For Standard Drivers and Motorcyclists. All speed limits will apply, and up to a maximum of 20 mph above the posted speed limit, where it is safe and justifiable to do so. If a standard police driver decides to exceed the above then the driver must be able to justify their decision to do so For Advanced Trained Drivers and Motorcyclists. All red circled speed limits will apply, and up to a maximum of 20 mph above the posted speed limit where it is safe and justifiable to do so. If an advanced trained police driver decides to exceed the above then the driver must be able to justify their decision to do so. Where the national or motorway speed limit applies then advanced trained drivers will travel at a speed that is safe, justifiable and proportionate to the circumstances. All police drivers must always be aware when utilising the statutory exemption that THEY owe a duty of care to all other road users. The above guidance refers to primary response vehicles, police drivers when driving other types of vehicles i.e. vans, four wheel drives, carriers etc will always take into account the handling limitations and suitability of these types of vehicles Security Escort and Specialist Trained Drivers (Surveillance Trained Level 1 NPIA Standard) will always take account of the above guidance but will drive in accordance with their training, briefing, available intelligence and operational instructions. Where this is necessary, proportionate and justifiable this increased risk will be operationally acceptable Where the Central Processing Unit become aware of a safety camera activation that exceeds the above guidance they will refer the matter to the Divisional or Departmental Chief Inspector with responsibility for the police vehicle involved. The matter will then be assessed as to the circumstances of the police vehicles use at the time Police drivers must always be aware of the slower reactions of pedestrians and cyclists and must take account of their safety at all times Advanced and tactical pursuit and containment police drivers are provided with a risk assessment NOT PROTECTIVELY MARKED

3 NOT PROTECTIVELY MARKED formula for pursuit situations. The same principles can be applied to their response driving decision making process. (see Pursuit Policy D51046) Police drivers may only exercise exemption from speed limits for training purposes when engaged in driver training or equipment training which is a pre-arranged by Operational Driver Training and for an authorised period of instruction with a qualified instructor present Safety Camera Activations. If a police driver activates a safety camera during any operational activity, and the driver is aware of the activation the fact must be reported to the officer s local Contact Centre and recorded as follows: Activation whilst responding to an incident, inform despatching local Contact Centre and have the circumstances recorded on the relevant incident log. Activation whilst deployed on operational activity not subject of an existing incident log, inform the local Contact Centre of the activation and request a incident log be opened and record all relevant details. If a Notice of Intended Prosecution is issued by the Lancashire Central Ticket Office, the Application for Exemption document should be submitted which is available from the CTO information page. If the activation takes place in another Force area, reasonable steps should be taken to have the facts recorded by the relevant police force as soon as possible. The circumstances of an activation and any reasons for exemption should be noted as soon as practicable in the police driver s pocket note book and an entry made in the police vehicle s record book to assist any follow up enquiries. Police drivers deployed on Surveillance or other specialist duty will record details of any activation in their Surveillance Management Record and inform their Team Leader, a log of the incident will not be generated. Any subsequent NIP enquiry will be dealt with by supervision in the normal manner. 3 & 4. The policy is not monitored as such for all vehicles at all times; however the Roads Policing Unit does monitor safety camera activations where a police vehicle displaying emergency lighting can be seen to ensure that the speed and use of blue lights were proportionate and justified. In addition, any reports of police vehicles being driven at excessive speed; from other officers; camera activations with no emergency lights shown; or from members of the public, would be investigated in line with the policy. Officers found to be exceeding the speed limit without a justified policing purpose could face a fixed penalty or criminal prosecution as well as internal misconduct proceedings. The action taken would be determined on a case by case basis dependent upon the circumstances. If you are unhappy with the service you have received in relation to your request and wish to make a complaint or request an internal review of our decision, you should write to the Data Protection and Information Officer, Corporate Support and Information Services Information Compliance & Disclosure Section, Police Headquarters, Saunders Lane, Hutton, Preston PR4 5SB or alternatively send an to information@lancashire.pnn.police.uk. Details of the Constabulary s Freedom of Information Complaint Procedures can be found attached to this . If you are not content with the outcome of your complaint, you may apply directly to the Information Commissioner for a decision. Generally, the Information Commissioner s Office cannot make a decision NOT PROTECTIVELY MARKED

4 NOT PROTECTIVELY MARKED unless you have exhausted the complaints procedure provided by Lancashire Constabulary. The Information Commissioner can be contacted at: The Information Commissioner s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. Yours sincerely Bryony Hopkinson Freedom of Information Disclosure Officer NOT PROTECTIVELY MARKED

5 SAFE DRIVING POLICY D51023 INFORMATION Procedures Safe Driving Policy Supporting Procedures D61076 Start Date Review Date Approved at STCG Policy Owner Archive Doc (s) H Division Commander None Copyright Lancashire Constabulary 2007 Human Rights and Diversity This document has been drafted in accordance with the: Human Rights Act 1998 and the principles underpinning it. Race Relations (Amendment) Act 2000, the Gender Recognition Act 2004 and the Disability Discrimination Act Equality and Diversity Statement 1

6 Lancashire Constabulary is committed to the principles of equality and diversity as well as the elimination of discriminatory practices. These principles apply to the treatment of all individuals whether members of the public, police officers, police staff, members of the special constabulary and volunteers. This policy together with any supporting procedures should be implemented in a nondiscriminatory manner. Members of the Constabulary administering the policy are responsible for ensuring that in its application, those to whom the policy applies, shall not receive less favourable treatment because of their age, colour, disability, ethnic or national origin, gender re-assignment, marital status, nationality, race, religion, sex or sexual orientation. CONTENTS 1.0 INTRODUCTION 2.0 AIMS 3.0 Policy Details 3.1 Driver selection, training, re-qualification permits and monitoring 3.2 Use of Statutory Exemption s 3.3 Police Driver s Responsibilities 3.4 Incident Data Recorders 3.5 Suspension from Driving Police Vehicles 3.6 Appeals 4.0 References. 1.0 INTRODUCTION Lancashire Constabulary is committed to reducing the risk of collisions involving its staff. Whilst we have a responsibility to respond to emergency incidents in a timely manner, the safety of the public and of police officers is of paramount importance at all times. It is therefore vital that all staff are aware of the standards of driving expected of them and are guided on the use of vehicles in operational situations and at all other times when driving on Constabulary business. This Policy and Supporting Procedures (D61076) applies to all members of the Constabulary and any other driver utilising the Lancashire Constabulary insurance policy. IDR (Incident Data Recorders) are fitted to police vehicles to assist in providing high quality, independent evidence to support investigations. Some vehicles will also be fitted with Fleet Management Recorders (FMR) to assist in the collection of fleet management data. 2

7 Whilst pursuit driving will be mentioned in reference terms in this policy, the pursuit policy and procedures will remain as a separate document (D51046). Police Vehicle Collisions (PVCs) will be mentioned in reference terms in this policy. The procedures in relation to the reporting of Police Vehicle Incidents remains as a separate document (D63140). 2.0 AIMS The aims of the policy are to; Protect the public and Constabulary employees from injury in road traffic collisions and enhance public confidence To set standards that promote public confidence for the guidance of all employees of the Lancashire Constabulary who drive on Constabulary business Set out the procedures of driver selection, training and ongoing monitoring including suspension from driving police vehicles. Set out the responsibilities of Constabulary employees in respect of disclosing relevant incidents and convictions to the Constabulary, whether on or off duty. Reduce the risk of damage to police vehicles and ensure their roadworthiness in order that they remain available for operational deployment. Clarify the Constabulary s position in relation to the use of Incident Data Recorders and Fleet Management Recorders. 3.0 POLICY DETAILS 3.1 Driver selection, training, re-qualification, permits and Monitoring Driver Selection It is the responsibility of Divisions and Departments to nominate police officers and police staff for driver training based on operational needs. All staff must be in possession a full and valid DVLA Driving Licence prior to attending any driver training course or assessment. The Constabulary s policy in relation to the Risk Assessment Based Medical Examination (D70149) must be adhered to in any selection process where it is appended to the Candidate Specification. 3

8 Any police driver of Advanced Trained qualification and performing duty in a Designated role must have a current RABME (Category 2) this includes training Driver Training, permits and re-training General Conditions Police drivers and any other persons utilising the Constabulary insurance will only be permitted to drive a class of police vehicle or other vehicle for which the successful completion of the relevant initial training and re-training course or assessment applies. IN ALL CIRCUMSTANCES IT WILL BE THE RESPONSIBILITY OF THE INDIVIDUAL DRIVER TO ENSURE THAT THEY POSSESS A VALID DVLA DRIVING LICENCE TO DRIVE ANY VEHICLE ON CONSTABULARY BUSINESS. THERE IS NO EXEMPTION IN LAW FOR POLICE OFFICERS OR EMPLOYEES OF THE LANCASHIRE CONSTABULARY. This will also include that they comply with all standards in relation to fitness to drive that accompany holding a valid DVLA driving licence. The Basic Driver Assessment (BDA) This is the minimum requirement for all persons who drive any Constabulary owned vehicle utilising the Constabulary insurance policy and any hire vehicle utilised on Constabulary business subject to the provisions below. The BDA will be arranged by contacting Divisional Training Managers. The BDA will be carried out in the vehicle normally used for daily business by that driver. The Basic Driver Assessment, both police drivers and any other person utilising the Constabulary insurance policy will at all times adhere to the restrictions contained in the Standard Operating Procedures D61076 and any restrictions on vehicle type. A comprehensive list of operationally necessary exemptions is also included. Special Exemptions for the use of Hire Vehicles. Vehicles on hire to the Constabulary are insured on the Constabulary insurance policy but the following special exemptions will apply: Any member of staff will be able to drive a hire vehicle of low performance as defined in the Supporting Procedures without a BDA on non operational use. Where a vehicle is hired that is of high performance or a specialist vehicle then only police officers or other members of staff who have successfully completed a formal course of instruction to drive that class of vehicle will be authorised to do so. This applies to both operational and non operational use. 4

9 Drivers who are not Constabulary Employees. Where any person who is not employed by Lancashire Constabulary is required to drive utilising the Constabulary insurance policy for cover this must be; Subject to the authority of a Chief Inspector to ensure there is a need for this requirement, The driver must be subject to a BDA prior to any use of the vehicle, The details of the driver and authorising officer passed to Fleet Services, HQ. Other Trained Drivers The Road Safety Act 2006 (when enacted) makes statutory requirements regarding the training and re-training of police drivers performing high speed driving duties. Police drivers utilising the exemptions in law will have a responsibility to ensure they comply with the provisions of the Act. LANCASHIRE CONSTABULARY WILL DEFINE HIGH SPEED DRIVING AS; Any circumstance where a police vehicle of any category exceeds the speed limit and the driver utilises the statutory exemption to do so as part of their operational duties. It might also be interpreted as a speed which is below the speed limit but in excess of a speed which would normally be appropriate to the prevailing road conditions. Only Standard Trained police drivers who have been trained and are authorised to perform Emergency Response Driving will be authorised to do so and all Advanced Trained and qualified drivers as defined below. As from Monday 4 th April 2011 the Constabulary will adopt the principles contained in Section 4.0 of the Standard Operating Procedures D61076 to standardise driver training, qualification, re-training and the regulation of driving standards to comply with the Act. Standard Trained Driver. Must have successfully completed a Standard Car Driving Course at Operational Driver Training or other police driver training establishment and to comply with the above Act must be qualified to perform emergency response driving as defined in the associated Standard Operating Procedures. 5

10 Advanced Trained Driver. Must have successfully completed an Advanced Car Driving Course at Operational Driver Training or other police driver training establishment and to comply with the above Act must also be; Successfully re-qualified at periods as defined in the Supporting Procedures; Performing duties in a designated role as defined in the Supporting Procedures Appendix 3; Have a current RABME (Category 2); Be qualified as defined in the Supporting Procedures to perform emergency response driving. If the police driver does not conform to the above criteria, and has previously successfully completed the four week Advanced Car Driving Course, they will revert to a Standard Driver Qualification and will drive only low performance vehicles and hire cars. Specialist Trained Drivers. Specialist Trained Driver s, must have successfully completed the relevant Operational Driver Training Course for that specific vehicle or specialist driving skills. (ie motorcyclists or National Protection Drivers). General Exemptions A general exemption to the above operational requirements and qualification to drive vehicles by police drivers and other employees will be; Where a specific vehicle of any specification is provided by the Constabulary for use by an individual member of staff only, as part of a Police Authority contract of employment. This applies to ACPO ranks and Senior Police Staff. If the vehicle is used operationally a suitably trained driver should be deployed Monitoring It is the responsibility of individual police drivers and any other driver utilising the Lancashire Constabulary insurance policy to notify their supervisor of any changes or circumstances that may affect their holding or obtaining a DVLA Driving Licence. This includes the legal requirement to notify the DVLA of any medical condition as prescribed by the DVLA, any penalty point s accrual or disqualification from driving. 6

11 It will be the responsibility of Divisions and Departments to ensure that records are kept of driver s eligibility to drive police vehicles and of their requalification in accordance with this policy. Individual drivers have a duty to ensure that they comply with the requirements of re-qualification where necessary to comply with the Road Safety Act 2006 within the time limits applied, including RABME. 3.2 Use of Statutory Exemption s Incident Response Grading The grading of all incidents to which the Lancashire Constabulary responds will be determined by the Strategic Call Management Policy and Supporting Procedures - (P.A.S.S). (D51043) General Principles Under certain conditions, police drivers are afforded exemptions from specific sections of the road traffic legislation when their vehicle is being used for police purposes. Police drivers should not, under any circumstances, take any action which may endanger other road users or the officer(s) involved. Police drivers should carry out a dynamic risk assessment based on the information received and the criteria contained in the attached Supporting Procedures before responding in an emergency driving situation The Highway Code The Highway Code, RTA 1988 sec 38, is issued with the authority of Parliament. Whilst failure on the part of a person to observe the provisions of the Highway Code does not in itself render that person liable to criminal proceedings, any failure to adhere to the Code's principles, by an individual, can be used to establish or negate any liability in civil or criminal proceedings. All police drivers, with the exception of basic assessed drivers, will be examined in their knowledge of the Highway Code. They should always drive in such a way as to demonstrate to other road users their skill and knowledge of driving matters in relation to the Code Speed Limits. There is, in certain instances, an exemption to the statutory speed limit where the vehicle is being used for police purposes. (Road Traffic Regulation Act 1984 s87 or Road Safety Act 2006 when in force) However, there is still a statutory requirement for police drivers to maintain a duty of care and must not compromise safety. Police drivers will comply with the guidance on safety thresholds contained in the Standard Operating Procedures at all times unless there are exceptional circumstances. 7

12 Police drivers may only exercise exemption from speed limits for training purposes when engaged in driver training or equipment training which is prearranged for an authorised period of instruction with a qualified instructor present. Specialist department training will only take place in accordance with the Standard Operating procedures D Safety Camera Activations. Wherever possible police drivers will acknowledge the presence of a safety camera site by driving within the speed limit for the road to which it applies. In addition police drivers will exercise additional care in the proximity of any safety camera site bearing in mind the need for proportionality and least intrusion for any community protected by the site. Guidance is contained in the associated Standard Operating Procedures regarding speed thresholds and where this is breached the Central Processing Unit will notify the Division or Department who has operational responsibility for the police vehicle involved Road Traffic Legislation, Regulations and General Directions Police drivers and any other person utilising the Constabulary insurance policy must at all times comply with the appropriate traffic legislation. Where exemptions are provided in respect of vehicles being driven for police purposes, drivers should ensure they comply with the requirements of the exemption and the criteria set out in the Standard Operating Procedures (D61076). 3.3 Police Driver s Responsibilities During routine operational driving as well as in emergency response police drivers and any other person utilising the Constabulary insurance policy must be aware that their ability to drive safely and general impression given to the public is important in maintaining confidence in the high standards required by the Constabulary. Police vehicles and drivers must always be Beyond Expectation in setting standards to the public Fitness to Drive Police drivers and any other person utilising the Constabulary insurance policy will at all times comply with the requirements of the road traffic law and the provisions of Police Regulations in relation to their general fitness to drive Driver Documentation Police drivers and any other person utilising the Constabulary insurance policy are responsible for ensuring that they have the appropriate DVLA driving licence to cover their use of the police vehicle or other vehicle they are driving. (This includes hire vehicles) 8

13 Police drivers and any other person utilising the Constabulary insurance policy must have been assessed as competent to drive via a Basic Driver Assessment or have received formal training in accordance with The ACPO Driver Training Guide. Police vehicles are provided for operational purposes. In cases where nonoperational use is urgently required i.e. to return home to deal with a domestic crisis, the authorisation of a supervisory officer must be obtained prior to making the journey Police / Private Vehicle Maintenance. It is the responsibility of the police driver and any other person utilising the Constabulary insurance policy to ensure that the vehicle being used is fully fit for use on the road and that any damage is documented. Any private vehicle or hire car used on Constabulary business must be used with appropriate insurance cover, current MOT where applicable and road tax Use of Seat Belts. The Constabulary s procedures (D51056) for the wearing of seatbelts must be complied with at all times. All members of the Constabulary will, unless in exceptional circumstances, wear seat belts whilst driving or riding in vehicles whilst on Constabulary business Specialist and telephony Equipment. Police drivers and any other person utilising the Constabulary insurance policy will not use mobile telephones whilst driving unless the vehicle is equipped with an appropriate hands free facility. At all times whilst driving a police vehicle the Tetra set provided in the vehicle must be utilised and not personal radios carried on officer s uniform. Other specialist equipment, including Mobile Data Terminals and screens will not be used whilst the vehicle is in motion or at any time when its use may distract the police driver Reporting of Police Vehicle Collisions. All police drivers and any other person utilising the Constabulary insurance policy must be aware of their responsibilities to comply with the Road Traffic Act 1988, section 170 as amended by the RTA 1991, in relation to the reporting of collisions. Police drivers and any other person utilising the Constabulary insurance policy who is involved in a collision must report the incident in accordance with the road traffic law and the Lancashire Procedures for Reporting Road Traffic Collisions (D63130). 9

14 3.4 Incident Data Recorders Use and Purpose. IDR and FMR devices will be fitted to operational vehicles at point of commissioning or by vehicle suppliers. The purposes of installing this device are: To provide high quality, reliable and independent data that shows how a police vehicle was being driven at the time of the collision/incident. This evidence has been successfully used to refute any allegations against a police driver. However, it can also substantiate any allegations. IDR data will support investigating officers into police vehicle collisions and complaints regarding police drivers. It will not replace existing investigative procedures. The fact that data is recorded can influence driver behaviour thereby reducing the likelihood of a collision. Any member of the Constabulary who knowingly interferes with an IDR unless authorised to do so, who fails to complete a vehicle log or who falsifies a vehicle log may be subject to disciplinary action. Only police officers and police staff who are trained and authorised will be involved in the downloading and documenting of IDR data Fleet Management Recorders. A FMR is an electronic device that will record information on the performance of the vehicle. This would include acceleration, engine revs, braking techniques etc. The purpose of installing the device is to provide Fleet Management high quality, reliable and independent data that shows how the vehicle has been driven over a period of time. This will enable the department to analyse the operation of vehicles and develop systems to improve vehicle reliability and reduce running costs. At the discretion of the Fleet Committee these devices can be retrospectively fitted. 3.5 Suspension from Driving Police Vehicles General Responsibility. Divisional Commanders and Department Heads are responsible for the suspension and reinstatement of driver authorities for their staff. 10

15 In all cases where an incident has occurred involving an employee of the Constabulary whether driving privately or on Constabulary business and; A fatality or serious injury has been sustained by any person, A prosecution is being considered for an offence, Or the case may attract adverse publicity, The matter must be referred to the Professional Standards Department. In any case where a prosecution is being considered and the police driver has been suspended, the advice of the Professional Standards Department will be sought before any return to driving duties or assessment to drive is authorised. Drivers employed by the Constabulary or driving on Constabulary business should not routinely be suspended from driving but in all cases a reasoned judgement will be made based on the available facts which MUST take into account public safety, officer safety and public confidence in the Constabulary. Supervisory officers should be in a position to justify any decision NOT to suspend a driver employed by the Constabulary or driving on Constabulary business, Following any police vehicle collision, incident or complaint regarding the manner of driving of a driver employed by the Constabulary or driving on Constabulary business, it will be the responsibility of the supervisory investigating officer to make the decision regarding initial suspension from driving. This will be done taking into account the criteria set out in Section 10.0 of the associated Supporting Procedures. Divisional Duty Cover Inspectors have responsibility to ensure an adequate investigation is commenced and all evidence retained. Where possible the scene of any collision or incident should be visited. The Procedures set out in the Reporting of Police Vehicle Incidents D63140 will be followed. The decision to suspend or not to suspend will be referred to the Duty Cover Inspector of the Division where the incident took place to quality assure the decision making process. The Tranman reporting system maintained by Fleet Services will be completed with the relevant details. All incidents will be notified via local instructions to a Divisional SMT member, who will quality assure the decision to suspend or not to suspend a police driver. Individual mangers and supervisors are responsible for ensuring that this policy is complied with in their area of operations. 11

16 Individual police drivers are responsible for ensuring that they comply with the policy in respect of their operational driving activity. 3.5 Appeals A member of the Constabulary who wishes to appeal against their treatment under this policy may do so through the agreed internal procedures. Members of the public who wish to appeal against their treatment under this policy may do so by writing to the Chief Constable. 4.0 REFERENCES Road Traffic Act Road Safety Act 2006 Highway Code (Road Traffic Act 1988 sec 38). Road Traffic Regulation Act Traffic Signs and General Directions Act Traffic Signs Regulations and General Directions Motor Vehicles (Driving Licences) Regulations Centrex Guidance on Policing Motorways Motor Vehicles (Wearing of Seat Belts) Regulation Road Vehicle (Construction and Use) Regs Lancashire Constabulary Policies: Pursuit Policy D Reporting Police Vehicle Incidents D Strategic Call Management Policy D RABME Policy D Other Documents: Training, Departments, Operational Driver Training. Integrated Competency Framework. Lancashire Constabulary PDR. 12