NOT PROTECTIVELY MARKED FORCE PROCEDURES. Community Speed Watch. Procedure Review Date: March 2010

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1 FORCE PROCEDURES Community Speed Watch Procedure Reference Number: 18/07 Procedure Author: Roads Policing Procedure Review Date: March 2010 At the time of ratifying this procedure, the author is satisfied that this document complied with relevant legislation and Force requirements. Community Speed Watch Pub d NOT PROTECTIVELY MARKED 1

2 Procedure Index ELECTRONIC NAVIGATION: - move the cursor over the page number in the index or blue underlined text until a hand appears. Click the left mouse button once and it will jump to the specified part of the document. Procedure Aim...3 Responsibilities...3 Guidance...4 Appeals...8 Review...8 Community Speed Watch Pub d NOT PROTECTIVELY MARKED 2

3 Procedure Aim NOT PROTECTIVELY MARKED 1.1 Community Speed Watch (CSW) schemes will be supported by the Cheshire Police in partnership with the local communities within the force area via the Parish Councils (PCs), Cheshire County Council (CCC), Warrington Borough Council (WBC) and Halton Borough Council (HBC). 1.2 Community Speed Watch Volunteers (CSWV) will be trained in the use of hand held speed detection devices by Police Officers. Additional training will be provided in health and safety at the roadside. Volunteers must adhere to operating practices called Golden Rules. Breaches will make them liable to removal from the scheme and loss of insurance cover. 1.3 Trained volunteers will monitor the speed of vehicles at identified locations within their communities. No attempt will be made to stop any moving vehicle and volunteers must not step into the road. Drivers will not be engaged in conversations, any approach to a volunteer will be dealt with by issuing a prepared letter from Cheshire Police and withdrawing from the scene. Training in basic conflict resolution techniques will be provided. 1.4 CSWV must work in pairs, they will create a log of vehicles exceeding an agreed speed threshold. Registration numbers, times, date and location will be recorded and verified by both volunteers. 1.5 Completed logs will be forwarded to the Police and warning letters will be sent to registered keepers. The Police will target persistent offenders for future enforcement. No attempt will be made to trace the driver via section 172 of the Road Traffic Act Schemes will be controlled/coordinated by the BCU for the area concerned, the BCU coordinator will act as arbiter in cases of dispute. Cheshire Police will reserve the right to withdraw administration and training support if necessary. 1.7 The Procedure aims to introduce clear directives and procedures to ensure that Community Speed Watch is used in circumstances that are necessary, reasonable and proportionate, in order to; Reduce death and injury on the roads. Improve the quality of life for local communities. Reduce traffic noise and pollution in local communities. Increase public awareness of inappropriate speed. Responsibilities Click Here to Return to Index 2.1 The Chief Superintendent Uniform Operations is responsible for the development and monitoring of policy and procedures. 2.2 The Superintendent Uniform Operations is responsible for the overall management of the Community Speed Watch scheme. Community Speed Watch Pub d NOT PROTECTIVELY MARKED 3

4 2.3 The Road Policing Inspector Uniform Operations is responsible for co-ordination of the scheme with CCC, WBC and HBC. 2.4 BCU Commanders are responsible for the management of BCU Community Speed Watch schemes. 2.5 BCU Traffic Management will co-ordinate the scheme at a local level with the CSWV and Local Authorities. 2.6 CSWV are responsible for adherence to procedural guidelines regarding the handling of evidence, data protection and all operating rules. 2.7 All sites will be risk assessed by the appropriate Local Authority in consultation with the Police and will include directional flow of traffic. 2.8 High visibility clothing will be provided by the appropriate Local Authority and will be for personal use. 2.9 Any signing of the sites will be the responsibility of the appropriate Local Authority. Guidance Criteria Click Here to Return to Index 3.1 CSW is a cost-effective method of reducing vehicle speed in specified areas whilst engaging local communities in pro-active and supported schemes. 3.2 CSW provides an opportunity for residents to take positive action in respect of road safety within a controlled environment. 3.3 CSW may be used in situations which require the monitoring of speed of vehicles in pursuit of the following activities: Reduce death and injury on the roads. Improve the quality of life for local communities. Reduce traffic noise and pollution in local communities. Increase public awareness of inappropriate speed. 3.4 In all of the above situations the use of the equipment must be in full compliance with the stated rules and be necessary and proportionate to the prevailing circumstances. 3.5 A minimum number of six CSWV is required to make a viable scheme. 3.6 CSWV must be 18 or over with no upper age limit. 3.7 CSW schemes can only operate between the hours of to hours and only during daylight hours. Community Speed Watch Pub d NOT PROTECTIVELY MARKED 4

5 3.8 CSWV must always work in pairs and one must have a mobile telephone in their possession. Data Protection Issues 3.9 The use of CSW data logs is subject to the Data Protection Act 1998, and as such the Force has a duty to comply with the following principles; Personal data shall be processed fairly and lawfully. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which it is processed. Personal data shall be accurate and where necessary, kept up to date. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. Personal data shall be processed in accordance with the rights of data subjects under the Data Protection Act Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data. Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data. Appropriate steps must be taken to ensure that data exchanged between Cheshire Police and other forces / agencies are accurate. CSWV must be told by the co-coordinator that they must not disclose details of vehicle registration marks to any person/organisation that are not directly involved in the scheme. CSWV must be told by the co-ordinator that if a motorist requests a copy or access to their data, they must be told to contact the Data Protection Department on There are limited exemptions to the above principles, notably for the purpose of safeguarding national security (all principles) The national security exemption would in practice be applied for (via a Minister of the Crown) retrospectively as a result of a challenge concerning a particular deployment The crime and taxation exemption may be considered in respect of the prevention or detection of crime, the apprehension or prosecution of offenders, or the assessment or collection of any tax or duty. However the exemption may only be claimed on a case by case basis for specific operations that could be compromised or jeopardised if the first principle were complied with. Authority 3.13 CSW partnerships will only be allowed to operate with the specific authority of the Traffic Management and only in agreed locations. Community Speed Watch Pub d NOT PROTECTIVELY MARKED 5

6 Training of Officers 3.14 CSWV will be trained in the use of speed detection equipment by fully qualified Police Officers CSWV will receive conflict resolution training from Cheshire Police. Deployment 3.16 The deployment of CSWV will be co-ordinated by Traffic Management for the area concerned, in consultation with the group and the appropriate local authority CSWV can only operate in locations subject to a speed limit of 30mph or 40mph Locations covered by static speed cameras and/or mobile enforcement facilities for the Cheshire Safer Roads Partnership must not be included in CSW CSWV must comply with risk assessment specifications CSWV must comply with all of the conditions of operation listed as Golden Rules. Equipment 3.21 Traffic Management will be responsible for identifying appropriate speed monitoring equipment for the scheme Cheshire Police will facilitate the procurement of speed monitoring equipment on behalf of the scheme CSWV will be responsible for the care and maintenance of the equipment when under their control. Checks will be made prior to the release of the equipment and upon its return Any loss, damage or malfunction of the equipment will be reported immediately to Traffic Management. Documentation 3.25 CSWV will be issued with record sheets, all vehicles monitored exceeding the agreed speed threshold will be recorded on the record sheet (copy attached at Appendix A) Traffic Management will enter the details onto a database and check PNC for registered keeper details First warning letter to registered keeper of vehicle logged on record sheet (copy attached at Appendix B) Second warning letter to registered keeper of vehicle logged on record sheet and identified via the database as been warned previously (copy attached at Appendix C). Community Speed Watch Pub d NOT PROTECTIVELY MARKED 6

7 3.29 Copy of golden rules this must be issued to all CSWV and signature obtained to prove receipt (copy attached at Appendix D) Standard irate motorist letter to be handed to member of public who approaches or questions the role of the CSWV (copy attached at Appendix E). Speed Limit Thresholds 3.31 All vehicles exceeding the ACPO guidelines of 10% plus 2mph will be recorded. Disclosure 3.32 The release of information regarding CSW should be recorded as sensitive on the MG6D. Media 3.33 The public impact of CSW should be considered. Following an initial PR launch it is likely that there will be continuing media interest. Any media enquiries with regard to CSW should be directed at the Force Press Office (Corporate Communications). Individual Roles 3.34 Traffic Management will nominate a co-ordinator to be responsible for the administration and introduction of CSW Traffic Management will liaise with the local authorities to ensure safe and appropriate site selection The co-ordinator will liaise with the CSWV and ensure full compliance with all conditions of the scheme and safe operating practices The co-ordinator will prepare briefing sheets for Traffic Management at locally agreed intervals detailing the level of activity, speed flows, collision reduction rates and numbers of letters sent The co-ordinator is responsible for quality checking the activities of the CSWV The co-ordinator will ensure that the speed monitoring equipment is properly maintained, any damage or faults must be rectified before further use Traffic Management is responsible for compliance with storage / copying protocols and the completion of a clear audit process The Force Data Protection Officer is responsible for managing CSW subject access issues. Community Speed Watch Pub d NOT PROTECTIVELY MARKED 7

8 Risk Assessments and Health and Safety Considerations 3.42 The following generic risk assessments (GRAs) are relevant to CSW can be found on the Health and Safety Database: GRA 1 Officers on patrol GRA 1 Officers on uniform patrol GRA 1 Civilians accompanying officers on patrol Appeals Click Here to Return to Index 4.1 In respect of internal grievance of the existing management structure of the force and the formal grievance procedures together with an appeals facility/right to make representation will cater for any such issues. As regards external complaints civil remedies are available with appellate facilities in addition to an individual's rights under the Police Complaints and Misconduct Procedures under the guardianship of the Independent Police Complaints Commission (IPCC). 4.2 Persons affected by the exercise of powers, directives or actions under this document have the right to make representations and / or challenges and / or appeals to the decisions involved via judicial processes (e.g. Civil law) and / or nonjudicial processes (e.g. internal management, grievance or police complaint procedures). 4.3 A person who claims that a public authority has acted (or proposes to act) in a way which is unlawful under the Human Rights Act 1998, may bring proceedings against the authority under the Act in the appropriate court or tribunal. Or the person may rely on the Convention right or rights concerned in any legal proceedings if they are a victim (or would be) of the alleged unlawful act. Review Click Here to Return to Index 5.1 This procedure will be formally reviewed after 3 years to consider: Its effectiveness in the business area concerned Any changes to legislation Challenges to the procedure Any identified inefficiencies in relation to implementation Impact on diversity and equality (High/Medium/Low on the Race Diversity Impact Assessment Template) Click Here to Return to Index Community Speed Watch Pub d NOT PROTECTIVELY MARKED 8

9 APPENDIX A Community Speed Watch Log Sheet Location: Date: Start Time: Direction of Travel: Finish Time: Volunteer 1 : Volunteer 2 : Registration Number Make/ Model/Colour Speed Time Total Vehicle Count: Community Speed Watch Pub d NOT PROTECTIVELY MARKED 9

10 APPENDIX B «Owner» «Add_1» «Add_2» «Add_3» «Post_Code» PRIVATE Exceeding the Permitted 30 mph Speed Limit Contrary to Section 81(1) and 89(1) Road Traffic Regulations Act 1984 Time & Date «Time» hrs «Date» Location «Location», Vehicle «Vehicle» (make) Registration Number «Reg_No» The above vehicle that is registered to you was monitored and found to be exceeding the speed limit as identified above. If you were not the driver at the time, or the vehicle is registered to a company, can I ask you to forward it to the driver at the time of the incident. If you are no longer the Registered Keeper of this vehicle then please inform the DVLA. Cheshire Area Strategic Road Safety Partnership consists of a number of strategic organisations committed to working together to reduce the number of vehicle collisions and casualties occurring on our roads. Research has shown that speed is a major contributory factor in about one-third of all road collisions. This means that each year excessive and inappropriate speed helps to kill nationally around 1,200 people and injure over 100,000 more. On this occasion the speed of your vehicle, which was above the 30 mph speed limit, was detected by Community Speed Watch Volunteers who are working in partnership with Cheshire Police. The local community is concerned about the number of vehicles that are exceeding the speed limit in their area. A reduction of speed will directly contribute to saving lives and will improve the quality of life of people within the area. No further action will be taken on this occasion but please ensure that in future you comply with the speed limits. Police enforcement of the speed limit on this occasion would have resulted in at least the issue of an endorseable fixed penalty ticket. The outcome would have been a 60 fine and 3 penalty points on your driving licence. Road Policing Unit Division Personal data contained within this letter is subject to the Data Protection Act It is processed by Cheshire Police for the purpose of Community Speedwatch Scheme and may also be processed for policing purposes Community Speed Watch Pub d NOT PROTECTIVELY MARKED 10

11 APPENDIX C «Owner» «Add_1» «Add_2» «Add_3» «Post_Code» PRIVATE Exceeding the Permitted 30 mph Speed Limit Contrary to Section 81(1) and 89(1) Road Traffic Regulations Act 1984 Time & Date «Time» hrs «Date» Location «Location», Vehicle «Vehicle» (make) Registration Number «Reg_No» The above vehicle that is registered to you was monitored and found to be exceeding the speed limit as identified above. If you were not the driver at the time, or the vehicle is registered to a company, can I ask you to forward it to the driver at the time of the incident. If you are no longer the Registered Keeper of this vehicle then please inform the DVLA. The Cheshire Area Strategic Road Safety Partnership consists of a number of strategic organisations committed to working together to reduce the number of vehicle collisions and casualties occurring on our roads. This is the SECOND occasion that the above vehicle has been observed exceeding the speed limit by Community Speedwatch volunteers. Inappropriate speed is the largest contributory factor in road deaths and a major factor affecting quality of life for people in the community. Given that on TWO occasions your vehicle has been monitored by Community Speedwatch volunteers exceeding the limit, I must advise you that details of your vehicle have been passed to the Road Policing Unit. The unit is tasked with targeting vehicles that consistently exceed the permitted speed limit. This letter is the final written warning you will receive in relation to driving in excess speed. Should you continue to disregard the speed limit, further action will be taken by means of a fixed penalty ticket or court summons. Road Policing Unit Division Personal data contained within this letter is subject to the Data Protection Act It is processed by Cheshire Police for the purpose of Community Speedwatch Scheme and may also be processed for policing purposes Community Speed Watch Pub d NOT PROTECTIVELY MARKED 11

12 APPENDIX D THE GOLDEN RULES You must only utilise the agreed and approved locations which includes the direction of travel. You must always work in pairs never alone. You must always wear the prescribed high visibility jacket that you have been issued with. You must never step into the road to use the equipment or to stop any vehicle. You must not obstruct the footpath. One of the two volunteers must always have a mobile phone in their possession. You should try to avoid any confrontation with any other person always be in possession of explanatory letter to be handed to that person. PLEASE REPORT ANY INCIDENT. You may only work in daylight and at times (dependant on time of year) between 0800hrs until 2000hrs. You must report any damage or defect to the equipment as soon as possible. You must not conceal your activities it is designed to be a high profile speed reduction exercise. Your visible presence at the side of the road will have a major impact. REMEMBER PERSONAL SAFETY FOR YOURSELF AND YOUR PARTNER IS OF PARAMOUNT IMPORTANCE 999 POLICE EMERGENCY SERVICES IDENTIFY LOCATION POLICE STATION SGT ROAD POLICING UNIT LOCAL AUTHORITY ROAD SAFETY OFFICER ANY OTHER USEFUL NUMBER Community Speed Watch Pub d NOT PROTECTIVELY MARKED 12

13 APPENDIX E Community Speed Watch Dear Sir / Madam The person(s) you have approached are operating under the direction of the Cheshire Police, in partnership with the Cheshire Area Strategic Road Safety Partnership, as Community Speed Watch Volunteers. They are obliged to report to the Police any threats, acts of intimidation or violence directed towards them. They are also under instruction not to get involved in any disputes over their activity. If you wish to raise any issues regarding this matter please contact the Cheshire Police and direct your comments to the Road Policing Sergeant for your area. Community Speed Watch supports the Police by monitoring the speed of vehicles through local communities. Community Speed Watch does not enforce the law but those identified as exceeding the speed limit can expect to receive an advisory letter from the Police. Community Speed Watch is designed to support the Police by making us all aware of the dangers of travelling too fast for the prevailing conditions. Sadly some 3,400 people died on the roads in the UK in 2002, 71 of which occurred in Cheshire. Every year many more suffer serious and life changing injuries. In over 30% of those cases excessive or inappropriate speed has been identified as the main contributory factor. Thank you for your co-operation. Sgt Road Policing. Community Speed Watch Pub d NOT PROTECTIVELY MARKED 13