NOT PROTECTIVELY MARKED FORCE PROCEDURES. Police Vehicle Collisions. Procedure Review Date: March 2010

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1 FORCE PROCEDURES Police Vehicle Collisions Procedure Reference Number: Procedure Author: Inspector B Rogers, 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. Sign and date INSPECTOR BRIAN ROGERS, 13/03/2007 (Author(s)) PVCs Published 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. 1. Responsibilities Guidance...3 Completion of Collision Reports Involving ON DUTY Police Officers, Members of the Special Constabulary, Members of Police Staff, Police Property and Police Animals...3 Action to be Considered when a Police Vehicle is Involved in a Collision...4 Injury Collisions Involving OFF-DUTY Police Officers, Members of the Special Constabulary and Police Staff Whilst Driving/Riding Privately Owned Motor Vehicles...5 Damage Only Collisions Involving OFF-DUTY Police Officers, Members of the Special Constabulary and Police Staff Whilst Driving/Riding Privately Owned Motor Vehicles...5 Off Duty Police Officers from Other Forces...5 Withdrawal of Driving Authorities...6 Reinstatement of Driving Authorities...6 Costs for Emergency Medical Treatment...6 Allegation of Mechanical Defect...6 Proceedings against Police Officers...6 Related Protocols, Practices or Service Agreements with Other Agencies...6 Administration...7 Risk Assessments and Health and Safety Considerations Procedure Aim Appeals Review...9 PVCs Published NOT PROTECTIVELY MARKED 2

3 1. Responsibilities NOT PROTECTIVELY MARKED 1.1 The Chief Superintendent, Uniform Operations is responsible for the development and monitoring of the procedure. 1.2 The Superintendent, Uniform Operations (Road Policing) is responsible for overall management of the force road policing strategy and compliance with this procedure. 1.3 The Inspector, Uniform Operations (Road Policing) is responsible for liaison with Basic Command Unit staff, support departments, the Local Authorities and the Highways Agency. 1.4 All members of the Constabulary are responsible for adherence to the legal requirements of the Road Traffic Act 1988 and the guidance and procedures detailed in the policy. 2. Guidance Completion of Collision Reports Involving ON DUTY Police Officers, Members of the Special Constabulary, Members of Police Staff, Police Property and Police Animals 2.1 The following police vehicle collision s will always be reported on a Cheshire collision form and formatted message switch completed and forwarded to HQ Resource Deployment Centre Collisions where a police vehicle is being driven by an on duty police officer, a member of the special constabulary or a member of police staff that: Fall within the definition of Section 170/1 Road Traffic Act 1988 Those that occur on a road where the only vehicle involved is a single police vehicle when injury is caused to the driver Those that occur in a public place, having the same meaning as that referred to elsewhere in the Road Traffic Act 1988 Those that occur on a road where the only vehicle involved is a single police vehicle and substantial damage is caused to that vehicle and the standard of driving of that vehicle is being questioned (note: In cases of minor damage only, the incident can be reported via a form 180). 2.2 Collisions occurring on police premises, which are not themselves, public roads or public places, should be excluded. 2.3 The following definitions should be applied when considering collisions of this nature: Police vehicle any vehicle being used for police purposes. Police duty any use of police vehicles by authorised staff will be deemed to be on police duty Police driver any authorised police officer, member of the special constabulary or member of police staff, driving for police purposes whilst on duty. PVCs Published NOT PROTECTIVELY MARKED 3

4 Immediate/Emergency response is a classification of an incident by the control room. This information should be made clear to the police driver at the earliest opportunity; however failure to do so will not affect the classification of the incident. Police Pursuit is defined as: When a driver who, when required to stop in the approved manner and having had the opportunity to do so, indicates by their actions or continuance of their manner of driving that they have no intention of stopping for the police and the police driver believes that the driver of the subject vehicle is aware of the requirement to stop and decides to continue behind the subject vehicle with a view to either report its progress or stop it. The police driver will be deemed to be in a pursuit. On duty or off duty The federation view on this is that if you are travelling to or from your normal place of duty in your own vehicle you will be deemed to be off duty. However if you are travelling to or from any other place for Police purposes in your own vehicle you will be deemed to be on duty. Action to be Considered when a Police Vehicle is Involved in a Collision 2.4 An officer who has not been involved in the collision AND is of a higher rank than the driver should report it. When this is not possible the driver should take only the details that are necessary to commence the report. 2.5 In cases when there is potential for misconduct proceedings against a member of the force which would require the service of a section 9 notice of initial allegation, Professional Standards Department should be notified. 2.6 Where fatalities or injury occur as a result of a police pursuit, the on call Professional Standards Department member should be immediately notified who will then make a decision in accordance with Force policy and procedures (see the Force Information Centre database) whether the Independent Police Complaints Commission (IPCC) require to be notified. If the matter is subsequently referred to the IPCC a decision will then be made by them as to whether they will supervise, manage or conduct the investigation. 2.7 A request for a breath test should be made to all drivers involved in a police vehicle collision. 2.8 No statement regarding responsibility will be made to any other party. 2.9 If the collision is serious, seek the assistance of road policing officers Where the collision is of a serious nature the driver will not continue as a driver on that journey without instructions from a supervisory officer A full collision report will be completed on Cheshire collision record forms A message switch should be sent to Resource Deployment Centre who will distribute it accordingly The driver should complete a police vehicle damage record form (F181). Advice on completion of this form can be found on the Fleet Management database. PVCs Published NOT PROTECTIVELY MARKED 4

5 2.14 Within 48 hours of the collision, the following should be forwarded to the Area Commander: Collision report form Contemporaneous interview record of offending driver (preferably taped where possible) Written statement from other drivers and best independent witness 2.15 Self-completion questionnaire statement forms (WAS) should not be used in such incidents. Injury Collisions Involving OFF-DUTY Police Officers, Members of the Special Constabulary and Police Staff Whilst Driving/Riding Privately Owned Motor Vehicles 2.16 Where off-duty members of the Constabulary are involved in a Road Traffic Collision within the force area that involves injury, then normal reporting procedures will apply In addition a message switch should be forwarded to the Resource Deployment Centre where details can then be disseminated to appropriate personnel within ACPO, Area Command, Police Federation, Unison and the Welfare department for their information. Damage Only Collisions Involving OFF-DUTY Police Officers, Members of the Special Constabulary and Police Staff Whilst Driving/Riding Privately Owned Motor Vehicles 2.18 Where off-duty members of the Constabulary are involved in a damage only Road Traffic Collision in such circumstances that it would normally be dealt with under Section 170 of the Road Traffic Act 1988, there is no need for a collision report form to be completed If the collision takes place within the force area and there is sufficient independent evidence to prove that an offence has been committed in relation to the driving of one or more of the vehicles involved a full collision file and number will be required All staff should note that where the legal requirements of Section 170 Road Traffic Act 1988 cannot be complied with then the collision must be reported in accordance with the practices laid down within the Act. Off Duty Police Officers from Other Forces 2.21 Where an off-duty police officer from another force area is involved in an injury Road Traffic Collision within the Cheshire force area, normal reporting procedures will apply. In addition a message switch will be sent to the Resource Deployment Centre to forward to the officer s force for their information. There is no requirement to report damage only collisions. PVCs Published NOT PROTECTIVELY MARKED 5

6 Withdrawal of Driving Authorities NOT PROTECTIVELY MARKED 2.22 The driving authority will be removed by a supervisory officer if any of the following are applicable: The collision involves serious injury The collision involves serious damage The police driver is suspected to have committed an offence or may be at fault Reinstatement of Driving Authorities 2.23 A driving authority should only be reinstated by a supervisory officer once they are satisfied that no offences have been committed by the driver and that the actions of the police driver did not contribute to the collision. In cases of dispute or doubt it is good practice to contact the driving school to request a driving assessment before reinstating the authority Where a driving authority has been withdrawn by a supervisor based upon any of the criteria listed at 2.22 the authority should not be reinstated for any reason other than those listed at Costs for Emergency Medical Treatment 2.25 If a member of the Constabulary receives a bill for emergency medical treatment from hospital, it should be forwarded to HQ, Fleet Management for arrangement of payment. Allegation of Mechanical Defect 2.26 If there is an allegation of a police vehicle having a mechanical defect a full collision report must be made and the force vehicle examiners notified immediately so that an examination of the vehicle can be arranged Damaged police vehicles should in all but exceptional cases be removed to the HQ fleet maintenance unit or an authorised repairer, fleet maintenance must be consulted in order to direct which repairer can be used. Proceedings against Police Officers 2.28 No proceedings should be taken against a police officer without the approval of the Assistant Chief Constable Having considered the facts Area Commanders may refer the file to Professional Standards for further investigation. This will include the more serious cases such as dangerous driving, drink/drug driving or where serious injury is sustained. Related Protocols, Practices or Service Agreements with Other Agencies 2.30 This policy must be read in conjunction with the Collision Reporting procedure which details the wider definitions of collisions and provides guidance and instructions on how to report the various categories of collisions in compliance with the Road Traffic Act 1988 and the Department for Transport recording requirements. PVCs Published NOT PROTECTIVELY MARKED 6

7 Administration 2.31 Collision report forms must be faxed to the appropriate collision records office within 48 hours of the incident Form 43 traffic management forms must be submitted to the appropriate traffic management department. Risk Assessments and Health and Safety Considerations 2.33 The following generic risk assessments (GRAs) are relevant to dealing with road traffic collisions and can be found on the Health and Safety database. GRA 1 Officers on patrol GRA 2 Mobile patrol marked vehicles GRA 13 Workplace activities 2.34 Cheshire Constabulary has a statutory obligation for the health and safety of its staff. To assist this process the Constabulary will ensure that: Driver training is provided where applicable. Staff are only permitted to drive vehicles in compliance with their level of training and authority. All Police Authority owned vehicles are maintained in compliance with the vehicle manufacturers recommendations and additionally to the Constabulary s service standards, which are based upon the Department for Transport, MOT requirements. 3. Procedure Aim 3.1 The Cheshire Constabulary is committed to responding efficiently and effectively to all reports of road traffic collisions involving police officers, members of the special constabulary and police staff, in accordance with the Equality and Diversity Policy. 3.2 This procedure provides all staff with clear guidelines on what action is required when dealing with road traffic collisions involving police officers, members of the special constabulary and police staff, whether on or off duty. Section 170 of the Road Traffic Act 1988 defines the legal position and refers to such incidents as Accidents. This terminology has become offensive to some victims and relatives of victims of such incidents. Other than when quoting directly from legal definitions the term collisions will be used throughout this document. 3.3 The document considers the principles of the Human Rights Act 1998 and the Data Protection Act It provides additional procedures specific to the organisation, whilst considering and complying with the more detailed Collision Reporting Policy. PVCs Published NOT PROTECTIVELY MARKED 7

8 3.4 The procedure aims to introduce clear directives, definitions and guidance to ensure: That all members of the Cheshire Constabulary are aware of their individual responsibilities when dealing with collisions involving police officers, members of the special constabulary, police staff, police property and police animals. That all members of the Cheshire Constabulary are aware of their individual responsibilities when involved in a collision, whether driving for police purposes or off duty. That all staff are aware of their role and responsibilities in respect of reporting and investigating police vehicle collisions. That all police vehicle collisions are dealt with appropriately having regard to the legal requirements of the Road Traffic Act The accurate provision of collision data to the Department for Transport (DfT) and the Local Authorities in compliance with STATS 19 requirements. The professional investigation, reporting, and recording of collisions where applicable and in the case of fatal collisions compliance with the Road Death Investigation Manual. The reduction of unnecessary bureaucracy for all members of the Constabulary. 4. Appeals 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. PVCs Published NOT PROTECTIVELY MARKED 8

9 5. Review NOT PROTECTIVELY MARKED 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) PVCs Published NOT PROTECTIVELY MARKED 9