Version : 12.0
Urgent duty driving (UDD)
This chapter contains these topics:
Overview
Legal provisions - defences
Responsibilities
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Overview
Introduction
Urgent duty driving poses risks to public and Police safety and is always subject to
considerable scrutiny. Therefore, Police must prioritise safety by driving with a high
standard of care and in a manner appropriate to the situation.
Overriding principle
No duty is so urgent that it requires the public or Police to be placed at unjustified risk.
Police must drive at an appropriate speed and manner and bear in mind that they:
• are legally responsible for their actions
• must prioritise public and Police safety.
What is urgent duty driving?
Urgent duty driving is when an officer on duty is:
either. . .
and. . .
• responding to a critical incident
to comply with traffic rules and regulations
• apprehending an offender for a traffic
would prevent the execution of that duty.
or criminal offence
• apprehending a fleeing driver
• engaged in activities approved by the
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
• Police is responding to people in the act of committing a crime.
Factors to consider
Drivers must take the following factors into account when deciding to commence or
continue urgent duty driving and to determine the appropriate speed and driving
manner:
• time of the incident (is it in progress?)
• nature and seriousness of the incident
• proximity of other units to the incident
• environment e.g. weather, traffic volume, road type, speed limit and pedestrians etc
• driver classification and vehicle classification
• whether warning devices are activated or a "silent approach" is being used.
Note
Situations may change, meaning drivers and constables who are passengers must
constantly re-assess the situation considering the above factors. The manner and speed
of driving must be adjusted accordingly (e.g. incident seriousness or road speed limit).
Warning devices
Police
must use flashing lights and sirens at all times (continuously) unless a "silent
approach" is tactically appropriate and can be used safely.
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 "silent approach"?
A silent approach involves reducing speed and turning off sirens when in close proximity
to a critical incident. Sirens and engine noise may alert an offender or aggravate a
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situation, e.g. when approaching the scene of a crime in progress or report of a suicidal
person.
Note: 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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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.
The Land Transport (Road User) Rule 2004 (RUR) and the Land Transport Act 1998
(LTA) provide for defences, subject to these conditions.
You may have a defence for …
if …
any act or omission in breach of
the act or omission was necessary in executing
the RUR
your duty.
(under RUR clause 1.8)
Note: where a specific exemption applies (eg
proceeding against a stop sign), that 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
(b) and (c))
speed limit would be likely to prevent 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 business. (This also
applies when you are transporting another
person authorised by the Minister on urgent
public business).
Proceeding against a stop sign,
you are:
give way sign or traffic signal
• driving an emergency vehicle displaying blue
(under RUR clause 11.18)
and red lights or sounding a siren
• 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.
Proceeding through an
you are:
intersection
• driving an emergency vehicle displaying blue
(under clause 11.19 of the RUR)
and red lights or sounding a siren
• not exceeding 20 km/h (see warning devices)
• taking due care to avoid a collision with other
traffic.
Note: All of these conditions apply.
The mandatory 28-day licence
the vehicle is conveying Police performing an
suspension for exceeding the
urgent duty, and to comply with the speed limit is
speed limit by more than 40km/h likely to prevent or hinder that duty being
(under section 95(1A)(6)(b) LTA) executed.
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.
Constable who is a
• Advises the driver about the route, situational
passenger
factors and risks.
• Operates the radio if communications are required.
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.
Controlling officer
• Ensures units are directed to the incident as
Note: The controlling officer
appropriate.
is a shift supervisor (office of
constable) at the appropriate
Communications Centre.
Related instructions
This chapter must be read in association with:
• General Instruction V001 – Police driving
• Fleeing driver policy
• Police vehicle management
• Professional Police Driver Programme.
More information
For more information contact the Road Policing Support Operations Manager at PNHQ.
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The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
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Document Outline
