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Fleeing driver policy
This chapter contains these topics:
Summary
Authority to pursue a fleeing driver
Risk assessment
Employee procedures
Employee responsibilities
Tactical options
Abandoning the pursuit of a fleeing vehicle
Search phase
Investigation phase
Communication procedure
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Summary
Introduction
Drivers who fail to stop for Police and flee to avoid apprehension, pose risks to public
and police employee safety and may be subject to considerable scrutiny. Police has a
responsibility to strike a balance between our responsibility to protect life and our duty
to enforce the law. Police must prioritise safety by driving with care and professionalism,
and in a manner appropriate to the situation. The conduct and management of how
Police pursue fleeing drivers must balance the priority of apprehending the offender and
maintaining safety at all times.
Important: At all times during a pursuit, warning lights and siren must be
simultaneously activated, and the Communication Centre (Comms) must be advised
immediately there is a fleeing driver and that a pursuit has been initiated. This is to
ensure effective pursuit management. If the identity of the offender becomes known the
pursuit must be abandoned, unless there is an immediate threat to public or staff safety.
This chapter:
is empowered by General Instruction
V001 - Police Driving
must be read in conjunction with the:
-
Urgent duty driving (UDD) chapter
-
Police Vehicle Management chapter
-
Professional Police Driver Programme (PPDP) chapter
-
Tyre Deflation Devices (TDD) chapter
- relevant legislation
applies to Police constables, hereafter referred to collectively as ‘Police’
for the purposes of this chapter, Police passenger refers to a Police constable acting in
a double-crewed unit, who has specific responsibilities outlined under
employee
responsibilities.
Overriding principle
Public and staff safety takes precedence over the immediate apprehension of the
offender.
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Authority to pursue a fleeing driver
Legislation
Police drivers must comply with all relevant legislation and be aware that there is no
blanket legal protection for police involved in pursuing a fleeing driver. 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 pursuing fleeing drivers.
Legislation
Authority
Section
114 - Land
Empowers police in uniform or in a vehicle displaying flashing
Transport Act 1998
lights and/or sounding a siren to stop the driver of a vehicle:
for a traffic enforcement purpose
to conduct a statutory search
for the purpose of arresting a person in the vehicle, if there
are reasonable grounds to suspect that person is unlawfully at
large or has committed an offence punishable by
imprisonment.
Section
9 – Search
Empowers police to stop a vehicle if they have reasonable
& Surveillance Act
grounds:
2012
(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 police to stop a vehicle for the purpose of a search:
Search &
without warrant if they are satisfied they have grounds to
Surveillance Act
search the vehicle;
2012
with a warrant, as specified in column 2 of the
schedule, if
they have 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 The justification for an arrest extends to the use of such force as
Act 1961
may be necessary to overcome any force used in resisting
arrest, unless the arrest can be made by reasonable means in a
less violent manner. The use of force during a pursuit may be
justified where a person is fleeing from arrest and the power to
arrest exists.
Land Transport
Allows statutory defences to exceed the speed limit whilst
(Road User Rule)
undertaking urgent duty driving
(clause 5.1), including pursuing
2004
a fleeing driver. However, there are specific exemptions that
apply for police when proceeding against a red light, stop or give
way signs. These include:
reducing speed to not more than 20km/h
(clauses 11.18 and
11.19), and
taking due care and stopping if necessary 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.
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Note: When drivers have been signalled to stop in accordance with this legislation, and
fail to do so, they become ‘fleeing drivers’ and a pursuit may be initiated. Units must
assess the factors outlined in the
risk assessment, and notify Comms as soon as the
pursuit is initiated.
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Risk assessment
What is a risk assessment?
A risk assessment determines whether:
a pursuit should be initiated, or
if it has already been initiated, whether it should continue or be abandoned.
Given how quickly a pursuit can develop and circumstances change, assessing the risks
must be a continuous process until the pursuit is resolved or abandoned. The
communication procedure is designed to ensure that units involved in the pursuit of the
fleeing driver provide situation reports (sit-reps) to the pursuit controller in a timely
manner. This enables the pursuit controller to make an independent assessment of the
risks and manage the pursuit including whether to direct the abandonment of the
pursuit.
Risk assessment factors
You must carry out a risk assessment both prior to initiation and during a pursuit. The
assessment must be based on the factors detailed in this table.
Risk factors
Including…
Speed and manner of
what is the speed limit?
driving
what is the manner of driving of the offending vehicle?
Is it deteriorating or remaining the same?
Occupant characteristics
is the offender known? Is there an immediate threat to
public or staff safety?
what offences have been committed or suspected of
being committed?
is it a stolen vehicle?
how many occupants in the vehicle?
how old are the occupants (observation only)?
what is the condition of the offender's vehicle
(observation only)?
are the occupants armed?
Weather conditions
what are the driving conditions like?
is it raining with slippery roads?
is it dawn or dusk with a chance of sun strike?
Environment
what is the location of the pursuit? Is it a built-up
area, or near a school?
what type of road is it?
what potential hazards are there in the area?
Traffic conditions
what are the traffic conditions like?
what is the volume of traffic? Is it peak hour traffic?
are there pedestrians around?
what time of the day is the pursuit occurring?
Officer and vehicle
is the driver an experienced officer? What is their
PPDP
capabilities
classification?
what type of Police vehicle is involved? What is the
vehicle classification?
is it a single-crewed unit?
do they have hands-free radio?
is a secondary unit available to take over pursuit
commentary?
are non-constabulary persons in the Police vehicle?
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After considering these factors, determine whether the need to immediately apprehend
the fleeing offender is outweighed by the potential risks of a pursuit to:
the public
the occupants of the pursued vehicle
the occupants of your Police vehicle.
If there is no need to immediately apprehend the fleeing driver or the risks are too
great, a pursuit must
not be initiated, or should be abandoned.
If a pursuit is initiated, the driver (or Police passenger in the primary unit if applicable)
must advise Comms immediately. They must give details of the risk assessment as
prompted by the dispatcher, using the
communication procedure.
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Employee procedures
Driver action
Drivers must follow these steps.
Step
Action
1
Carry out
a risk assessment.
2
Activate warning devices (lights and siren).
3
Inform Comms you have commenced a pursuit and maintain radio contact,
as per the
communication procedure with the pre-alerting technique. If the
unit is double-crewed this must be undertaken by the Police passenger.
4
Continually use the
risk assessment factors to determine whether the need to
immediately apprehend is outweighed by the risks posed by continuation of
the pursuit. Where the risks outweigh the need to immediately apprehend,
you mu
st abandon pursuit.
5
You must follow the instructions of the pursuit controller and provide regular
sit-reps to allow them to effectively manage the pursuit.
6
If the offending vehicle stops, ensure the vehicle is contained to prevent any
risk of continuation.
7
When a pursuit is abandoned either as a result of the driver's (or a Police
passenger's) decision, or on direction from the pursuit controller, the
abandonment procedure must be followed.
Pursuit controller action
Pursuit controllers must follow these steps when notified that a pursuit has commenced.
Step
Action
1
Ensure the pursuit warning is given by the dispatcher and acknowledged by
the pursuing unit.
2
If the officer and vehicle classification allow, appoint the unit that initiated the
pursuit as the primary unit. Replace unmarked vehicles (category B) in a
pursuit with marked vehicles (category A) at the earliest opportunity. Ensure
a secondary unit takes over the pursuit commentary if the primary unit is
single-crewed.
3
Follow the
communication procedure to ensure risk assessment information is
received from the primary or secondary unit.
4
Constantly use the
risk assessment information, to determine whether the
need to immediate apprehend is outweighed by the risks posed by the
continuation of the pursuit. Where this is the case, you must give the direction
to
abandon pursuit.
5
Direct the pursuit is abandoned if the identity of the offender(s) becomes
known during the pursuit, the offender does not pose an immediate threat to
public or staff safety, and can be apprehended later.
6
Limit the number of Police vehicles following to no more than two unless
tactically appropriate (e.g. requirement of a dog handler in the vicinity).
7
Coordinate other units to support the primary and secondary units, and
control traffic at critical points to maximise public and staff safety.
8
Arrange
aerial surveillance where possible.
9
Consider and employ other
tactical options as appropriate.
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Employee responsibilities
Role definition
This table defines the roles specific to those involved in pursuing fleeing drivers.
Role
Definition
Primary unit
The driver of the lead Police vehicle pursuing the fleeing driver.
driver
This will usually be the driver of the unit that has initiated the
pursuit, or the driver of a pursuit vehicle that has replaced the
initial pursuit vehicle at the direction of the pursuit controller.
Police passenger
The Police constable who is a passenger in the primary unit.
Secondary unit
The second vehicle in the pursuit that follows the primary unit.
Pursuit controller The shift commander at Comms who manages the pursuit. If a
shift commander is unavailable, a 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 the shift commander, this must be
reported to the Commissioner.
District reviewer
Nominated by the District Commander to review pursuits in their
district.
Responsibilities during a pursuit
This table outlines staff responsibilities during a pursuit.
Role
During a pursuit
Primary unit
Has primary responsibility for the initiation (unless replaced by
driver
the pursuit controller), continuation and conduct of a pursuit.
The driver must:
comply with
relevant legislation
notify Comms immediately that a vehicle has failed to stop
ensure lights and siren are activated
drive in a manner that prioritises public and staff safety
continuously assess the risks
maintain constant communication with Comms
comply with all directions from the pursuit controller
comply with the directions of the Police passenger, if senior in
rank or service or PPDP classification.
Note: The above provisions notwithstanding, no driver can be
directed to commence or continue a pursuit against their
judgement. A driver's decision not to commence a pursuit, or to
abandon a pursuit in progress, cannot be overridden.
Police passenger
Assists the driver by operating the radio, this may not be
appropriate if the passenger is not pursuit trained or familiar
with the area.
Advises the driver of possible risks or any other
considerations.
Note: If the passenger is senior in rank or service or PPDP
classification to the driver, they may also direct them to abandon
the pursuit, according to the risk assessment.
Secondary unit
Is assigned by the pursuit controller to follow behind the
primary unit (this may be a dog unit) at a safe distance, if
directed by the pursuit controller.
Takes over the pursuit commentary, if the primary unit is
single-crewed. In this case they may recommend to the
pursuit controller that the pursuit be abandoned.
Other Police units
Must not actively participate in the pursuit, unless they are
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in vicinity
responding to a direction or have received permission from
the pursuit controller.
Cease all non-essential radio communication.
Do not tag along behind the pursuit if you have not been
assigned as a primary or secondary unit, as this will affect
your ability to assist in the deployment of tyre deflation
devices, close roads or take up cordon positions if the offender
flees the vehicle on foot.
Note: If another unit becomes involved in the pursuit on
direction of the pursuit controller, they must follow the directions
of the pursuit controller.
Dispatcher
Advise the shift commander of a pursuit.
Maintain radio communications with units involved in the
pursuit.
Give the pursuit warning and request sit-reps from the
primary or secondary unit.
Communicate instructions from the pursuit controller as per
the
communication procedure.
Reissue the pursuit warning if a new unit takes over as the
primary unit or the pursuit location changes to a new dispatch
channel.
Pursuit controller
Supervise the pursuit and coordinate the overall response.
Select and implement the appropriate
tactical options. Note: When a pursuit controller is actively supervising a pursuit,
the dispatcher will use the shift commander call sign (e.g.
Northcomm Alpha, Central Alpha, Southcomm Alpha).
AOS/STG
May direct a non-compliant vehicle stop on a mobile armed
Commander
offender.
Communicate the AOS/ STG tactic, where operationally
possible, to Comms.
Will
act as pursuit controller during an AOS/STG specialist
operation until transfer of command to Comms is given,
unless operational circumstances dictate otherwise.
Field supervisor
Advise the pursuit controller of any relevant information.
May recommend to the pursuit controller that the pursuit be
abandoned.
Responsibilities after a pursuit
This table outlines staff responsibilities following a pursuit.
Role
Following a pursuit
Pursuit controller
Ensures the Comms section of the pursuit notification form is
completed as soon as practicable following the conclusion of
the pursuit.
Arranges a debrief with the dispatcher if required.
Primary unit
The unit that initiated the pursuit must ensure the second part of
the pursuit notification form is completed, before the end of
shift.
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Field supervisor
Has supervisory duties following a pursuit.
Should take appropriate action to ensure compliance with this
chapter. Any incidents of non-compliance must be reported
immediately to their supervisor.
Ensure the pursuit notification form is completed by the
primary unit before the end of shift. If the primary unit is
injured and unable to complete the form, the supervisor
should complete.
Review and approve the pursuit notification form in a timely
manner.
District reviewer
Reviews all pursuit notification forms in their district to ensure
compliance with this chapter.
Monitors pursuit activity in order to identify and manage any
health and safety risks, or training issues.
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Tactical options
What tactical options are available
This table provides an overview of the tactical options available.
Tactical
Initiated by…
Conditions
option
Abandon
Driver, Police
Must be abandoned if directed by any of these
pursuit
passenger,
people and
abandonment procedure must be
pursuit
followed.
controller
Tyre deflation
Pursuit
Refer to the
tyre deflation device chapter.
devices
controller to
staff trained in
this tactic
except in
exceptional
circumstances.
Comms Shift
Commander for
heavy vehicle
deployments.
Aerial
Pursuit
Must be used when available to take over
surveillance
controller
responsibility of providing commentary to pursuit
controller.
AOS/STG non- AOS/STG
In response to a life threatening incident, must
compliant
commander
follow AOS/STG Standard Operating Procedures
vehicle stop
and only by those trained in the tactic.
Tyre deflation devices (TDDs)
TDDs can only be deployed:
On the authority of the pursuit controller, except in exceptional circumstances;
On a heavy vehicle with the approval of the Comms Shift Commander;
in accordance with the
tyre deflation device chapter; and
by those who have been trained to use this tactic.
Caution: TDDs must
not be used on motorcycles.
If a unit is positioned at a cordon point and the fleeing vehicle proceeds through that
cordon, a tyre deflation device can be deployed to stop the vehicle, so long as the
deployment is safe and meets the requirements of the
tyre deflation device chapter.
Aerial surveillance
Aerial surveillance must be utilised where available. An aircraft providing aerial
surveillance must take over primary responsibility for providing commentary to Comms,
in order to reduce pressure on those in pursuit.
Once air surveillance is established, the pursuit controller must consider instructing
ground units to drop back and the appropriate role of other units, including whether they
should remain in pursuit.
While the presence of aerial surveillance can encourage offenders to stop their attempt
to evade Police, there are also situations in which offenders drive in a dangerous manner
to evade aerial surveillance (similar to ground pursuit). If 'Eagle' personnel think their
aircraft has been identified by a fleeing driver, they must inform Comms.
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Police undertaking aerial surveillance and the pursuit controller must continually carry
out
a risk assessment for continued aerial surveillance, and abandon pursuit if
appropriate. Any aircraft that abandons pursuit must leave the vicinity of the pursuit as
rapidly, but as safely, as possible.
See also:
Police air operations. AOS/STG non-compliant vehicle stop
In situations involving a mobile armed offender, AOS/STG commanders are approved to
authorise a non-compliant vehicle stop. This can only be done where there is no other
practical method of containing the offender or neutralising the threat presented by the
offender, and the vehicle does not comply with signals or requests to stop. Only
AOS/STG personnel can undertake the tactic when:
responding to a life threatening incident
trained in its use
undertaken in accordance with AOS/STG Standard Operating Procedures
authorised by an AOS/STG commander.
AOS/STG personnel must otherwise comply with policies and legislation outlined in this
chapter.
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Abandoning the pursuit of a fleeing vehicle
Who can abandon a pursuit?
The following role holders can abandon a pursuit:
the driver of the
primary unit
the
Police passenger in the primary unit, where they are senior in rank or service or
PPDP classification to the driver
the
pursuit controller.
Note: in the case of a single-crewed primary unit, the secondary unit can recommend to
the pursuit controller that the pursuit be abandoned.
The decision to abandon a pursuit by any staff member due to the escalating
level of risk to themselves and other occupants of their vehicle, occupants in
the offending vehicle, or members of the public will be supported by the
organisation.
Criteria for abandoning a pursuit
A pursuit must be abandoned when any of the following criteria apply:
an offender's identity becomes known and apprehension can be effected later, so long
as there is no immediate threat to public or staff safety or the fleeing vehicle's
location is no longer known
the distance between the primary unit and the offending vehicle is such, that in order
for the Police vehicle to catch up to it, the speed involved creates an additional risk,
and Police no longer has the ability to warn other road users of the fleeing vehicle
if a person is injured during the pursuit and there is no other unit available to render
assistance
there is a sustained loss of contact between the primary and/or secondary units with
Comms, or the units fail to provide critical information to Comms in a timely manner
when the siren and/or warning lights fail to operate
any of the risk assessment criteria conditions change, such as an increase in traffic
volumes or weather or road conditions, that mean the risks of continuing with the
pursuit outweighs the need for immediate apprehension of the fleeing driver.
Direction to abandon pursuit
If a pursuit controller decides that a pursuit must be abandoned, or if they are advised
that a unit has abandoned pursuit, they must give the direct order:
"All units, (Comms Centre) Alpha, abandon pursuit now. I say again, all units
abandon pursuit now."
Once this direction is given, all units must follow the abandonment procedure. Where
aerial surveillance is involved, this direction must specify whether the aerial unit must
abandon the pursuit also.
Abandonment procedure
Following the direction to abandon pursuit, all participating Police vehicles must
immediately carry out these steps.
Step
Action
1
Acknowledge the direction to abandon 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.
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5
Report the abandonment to the pursuit controller, confirming they are
stationary and stating their specific location. This formally concludes the
pursuit.
6
Undertake a search phase if authorised by the pursuit controller.
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Search phase
On formal abandonment of the pursuit, Comms may authorise units to undertake a
search to locate the offending vehicle.
Note: As the pursuit has been formally abandoned, there is no longer a justification for
units to engage in urgent duty driving. Therefore, during the search phase units must
not exceed the posted speed limit.
If the vehicle is located
If the offending vehicle is located during the search phase, the unit is permitted to signal
the driver to stop. If the driver fails to stop and attempts to evade Police, approval from
the pursuit controller to recommence the pursuit must be sought and received before the
pursuit can continue.
Recommencing a pursuit
An abandoned pursuit must not be recommenced without the approval of the pursuit
controller.
Approval to recommence will only be considered if:
the situation has changed following abandonment
the risk assessment criteria indicates that the risks involved in the pursuit have
reduced, so that the need to immediately apprehend the offender is no longer
outweighed by the risks posed by recommencing the pursuit.
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Investigation phase
If the fleeing driver is not apprehended at the time of the pursuit, there are avenues of
inquiry that staff should follow, where possible, to identify the driver and take
subsequent action. These include:
potential speed camera photographs
following up on the vehicle registration and owner inquiries
unlawfully taken vehicle inquiries
reported petrol drive-offs
CCTV footage
area inquiries.
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Communication procedure
Procedure
Police initiating a pursuit must notify Comms immediately and follow this procedure.
Given the speed in which pursuits initiate and change, there may not be time for this
procedure to be completed in its entirety. However, units are expected to provide the
information requested by Comms. Failure to provide this information in a timely manner
may lead to the pursuit being abandoned. (When units provide sit-reps, there should be
at least 1 second breaks between them, but no more than 5 seconds).
Step
Action
1
Unit calls Comms using a pre-alert technique:
"Comms Centre, {unit call sign}, in pursuit"
2
The dispatcher will acknowledge:
"{unit call sign}, go ahead"
3
The unit will then transmit the following information:
"{unit call sign} in pursuit
{Location and direction of travel}
Break
4
Comms transmit the pursuit warning:
"{Call sign} if there is any unjustified risk to any person you must
abandon pursuit immediately. Acknowledge."
5
Unit acknowledges the warning with the words:
"{Call sign} "Affirm"
6
Comms transmits:
"{Call sign} advise reason for pursuit and vehicle description."
Break.
Unit reports the requested information.
7
Comms transmits:
"{Call sign} report driver and vehicle classification, and whether
single or double-crewed."
Break.
Unit reports the requested information.
8
Comms transmits:
"{Call sign} report speed, posted speed limit and manner of driving."
Break.
Unit reports the requested information.
9
Comms transmits:
"{Call sign} do you know the identity of the driver?"
Break.
Unit reports the requested information.
10
Comms transmits:
"{Call sign} report road, traffic and weather conditions."
Break.
Unit reports the requested information.
11
Comms transmits:
"{Call sign} confirm lights and siren are activated."
Break.
Unit reports the requested information.
12
Unit maintains commentary with breaks at 5 second intervals.
13
Dispatcher prompts for additional information and sit-reps and coordinates
tactical response as directed by the pursuit controller.
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More information
Refer
‘Radio and Communication Centre Protocols’.
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