Queensland Police Service Safe Driving Policy
Contents
The contents of the policy are:
14.30
14.31
Safe driving policy
14.30.1
Introduction
14.30.2
Definitions
Driving of Service vehicles generally
14.31.1
Compliance with the Transport Operations (Road Use
Management) Act 1995 and regulations
14.31.2
Legal requirements relevant to police drivers
Protection afforded by Transport Operations (Road Use
Management) Act 1995
Protection afforded by Queensland Road Rules
14.32
14.33
14.31.3
Use of mobile telephones
14.31.4
Traffic breaches committed by drivers of police vehicles
14.31.5
Driving of vehicles without a licence
14.31.6
Persons other than police officers travelling in Service vehicles
Urgent duty driving
14.32.1
When urgent duty driving is permitted
14.32.2
Urgent duty driving not permitted for priority code 3 and 4 tasks
14.32.3
Use of flashing warning lights and siren
14.32.4
Proceeding against traffic light signals
14.32.5
Use of high performance vehicles for urgent duty driving
14.32.6
Vehicle capabilities to be considered when urgent duty driving
Vehicle interceptions
14.33.1
Authority to intercept
14.33.2
Considerations prior to interception
14.33.3
Intercepting a vehicle
14.34
14.35
14.33.4
Abandoning an attempted interception
14.33.5
Procedures after interception
14.33.6
Mobile interception of heavy vehicles
14.33.7
Security firms' special purpose armoured vehicles
Pursuits
14.34.1
Pursuit policy principles
14.34.2
When does an intercept become a pursuit
14.34.3
When pursuits are permitted
14.34.4
Notification of pursuits
14.34.5
Officer responsible for the control of pursuits (pursuit controller)
14.34.6
Responsibilities of the pursuit controller
14.34.7
Responsibilities of duty officers and shift supervisors
14.34.8
Operational considerations
14.34.9
Abandoning a pursuit
14.34.10
Resumption of a pursuit
14.34.11
Support for officers abandoning a pursuit
14.34.12
Conclusion of a pursuit
14.34.13
Investigation of offences committed during pursuits
14.34.14
Recording pursuits
14.34.15
Vehicle inspections of Service vehicles
Use of force during a pursuit
14.35.1
Use of tyre deflation devices (TDD)
Authority to deploy TDD
Deployment of TDD
Authority to deploy TDD (Roadblocks)
Training – TDD
Maintenance
Compensation
14.35.2
Use of firearms
14.30.1
14.35.3
Use of oleoresin capsicum (OC) spray
14.35.4
Other use of force options
14.36
Review of police driving
14.30
Safe driving policy
Introduction
Officers in the course of their duty have a responsibility to drive with due care and attention
without exposing members of the public or themselves to unjustifiable risk. The primary role
of the Service is protecting the safety of the public. Driving vehicles in a manner causing
unjustified risk is against our primary role.
Although officers driving police vehicles may be engaged in the lawful performance of their
duties, they are not relieved of their obligations to other road users, and may be liable to
criminal, civil, disciplinary or remedial action as a result of events associated with their
driving. The onus is on each police driver to demonstrate that care and attention has been
exercised at all times.
Sections 14.30 to 14.36 of this Circular outlines the policies and procedures regarding the
driving of Service vehicles generally, urgent duty driving, pursuits, and the use of force during
a pursuit.
All Service members, in particular operational officers and supervisors, should be conversant
with the content of these sections.
14.30.2
Definitions
For the purposes of ss. 14.30 to 14.36 of this Circular, the following definitions apply:
Abandon
means to discontinue or stop an interception or pursuit, as the case may be (see s. 14.33.4:
‘Abandoning an attempted interception’ and s. 14.34.9: ‘Abandoning a pursuit’ of this
Circular).
Attempting to evade police
means where the driver of a vehicle is deliberately attempting to avoid being intercepted by
police. This could include behaviour such as:
(i)
(ii)
(iii)
(iv)
increasing speed;
weaving between lanes to travel at a speed greater than the surrounding
traffic;
rapid brake application and turning into another road; or
without necessarily exceeding the speed limit, failing to comply with a direction
to stop beyond a period that would be reasonable in the circumstances.
Backup unit
means a police vehicle designated by the pursuit controller to assist with the pursuit. This
unit will usually take up at a position a safe distance behind the primary unit but should
remain close enough to render assistance if required.
Child
see the ‘Definitions’ section within the OPM.
Deployment officer
means an officer who has successfully completed the relevant POST training on the
deployment of tyre deflation devices (see ‘Training – TDD’ of s. 14.35.1: ‘Use of tyre deflation
devices (TDD)’ of this Circular).
Intercept
means the period from deciding to direct the driver of a vehicle to stop until either the driver
obeys the direction or fails to stop. The term includes:
(i)
(ii)
the period when the police vehicle closes with the subject vehicle in order to
give the driver of the vehicle a direction to stop; or
actions taken where an officer on foot has unsuccessfully attempted to
intercept a motor vehicle and a police vehicle is used to close with the subject
vehicle in order to give the driver of the vehicle a direction to stop (e.g. a static
RBT site where a hand signal is not obeyed and a police vehicle is then used
to close with the subject vehicle to give the driver a further direction to stop).
(See s. 14.33: ‘Vehicle interceptions’ and s. 14.34.2: ‘When does an intercept become a
pursuit’ of this Circular.)
Known circumstances
means what is known in terms of all the circumstances, including the offence, that will justify
the risks involved in the urgent duty or pursuit driving. Known circumstances may include
intelligence information relating to suspect vehicles and persons, specific locations and times
of offences being committed and other intelligence-driven patrolling activities.
Non-pursuit matters
means:
(i)
licence, vehicle or street checks;
(ii)
random breath tests;
(iii)
where the driver or occupants of a vehicle are suspected of offences based on
the officers instinct alone and without supporting evidence; and
(iv)
all simple offences (including traffic offences), except for:
an offence against s. 25: ‘Use of a vehicle’ of the Summary Offences Act 2005; or
where the driver of the vehicle is reasonably suspected of driving under the
influence of liquor or drug to such a degree the suspected impairment has or
will create circumstances that pose an imminent, significant risk to public
safety (e.g. the suspect’s ability to control the vehicle is such that if not
intercepted or pursued the danger posed to the public is as great or greater
than that of engaging in a pursuit).
Primary unit
means the police vehicle that takes up a position immediately to the rear of the pursued
vehicle. Usually, this will be the vehicle initiating the pursuit.
Pursuit
means continued attempts to intercept a vehicle that has failed to comply with a direction to
stop and where it is believed on reasonable grounds the driver of the vehicle is attempting to
evade police (see s. 14.34.2: ‘When does an intercept become a pursuit’ of this Circular).
Pursuit Category 1
means where there are reasonable grounds to believe that the driver or occupant of a
vehicle:
(i)
(ii)
(iii)
will create an imminent threat to life;
has or may commit an act of unlawful homicide or attempt to murder; or
has issued threats to kill any person and has the apparent capacity to carry
out the threat.
It includes a situation where the behaviour of the fleeing vehicle is such that there is an
imminent threat to life and the risk of not pursuing apparently exceeds abandoning the
pursuit. For example, where the driver of the vehicle is reasonably suspected of driving under
the influence of liquor or drug to such a degree the suspected impairment has or will create
circumstances that pose an imminent, significant risk to public safety (e.g. the suspect’s
ability to control the vehicle is such that if not intercepted or pursued the danger posed to the
public is as great or greater than that of engaging in a pursuit).
Pursuit category 2
means where the driver or occupants of a vehicle are known to have committed:
(i)
an indictable offence;
(ii)
an offence against s. 25: ‘Use of a vehicle’ of the Summary Offences Act; or
(iii)
an offence against s. 328A: ‘Dangerous operation of a vehicle’ of the Criminal
Code, providing the dangerous operation of the vehicle was observed prior to
the attempt to intercept and not solely in response to the attempt to intercept.
Pursuit category 3
means where the driver or occupants of a vehicle are reasonably suspected of having
committed:
(i)
an indictable offence; or
(ii)
an offence against s. 25: ‘Use of a vehicle’ of the Summary Offences Act,
based on facts or circumstances that are known.
Known circumstances may include intelligence information relating to suspect vehicles or
persons, specific locations and times of offences being committed, and other intelligencedriven patrolling activities. Examples of circumstances which could provide a reasonable
suspicion to justify a decision to pursue, include:
(i)
a vehicle is observed at 0300hrs in a particular industrial estate and prior
intelligence information has revealed that break and enters are occurring in
this area between certain hours and the property being stolen requires a
vehicle for removal;
(ii)
a security guard in an industrial estate contacts police stating a vehicle of a
particular description (e.g. model and colour) was seen in the vicinity of
(iii)
(iv)
(v)
premises found by the guard to have been unlawfully entered and the vehicle
hurriedly left the scene;
a vehicle is observed in the vicinity of a liquor store late at night and prior
intelligence is available that a vehicle and occupants of a similar description
have been conducting ‘ram raids’ in that area;
a vehicle is seen leaving the vicinity of a school soon after an intruder alarm
was activated; or
a vehicle is loitering in an area where drugs are known to be supplied and the
vehicle is seen to stop and an unknown object is seen to be passed from a
pedestrian to the vehicle occupants (or vice versa).
Reasonable suspicion does not include suspicion based on an officers instinct alone and
without supporting evidence. For example, the following circumstances would not provide
sufficient grounds for a reasonable suspicion to justify a decision to pursue the driver of a
vehicle that fails to obey a direction to stop:
(i)
a vehicle is seen at 0300hrs in an industrial estate;
(ii)
a vehicle is seen leaving the vicinity of a school ground at night;
(iii)
a vehicle is observed in the vicinity of a liquor store late at night; or
(iv)
a vehicle is loitering in an area where drugs are known to be supplied.
Pursuit controller
means the person responsible for control of the pursuit.
Urgent duty driving
is defined in s. 14.32: ‘Urgent duty driving’ of this Circular.
Vehicle
unless otherwise specifically stated, means a motor vehicle as defined in Schedule 4:
‘Dictionary’ of the Police Powers and Responsibilities Act 2000.
14.31 Driving of Service vehicles generally
14.31.1
Compliance with the Transport Operations (Road Use Management) Act
1995 and regulations
ORDER
Police recruits and staff members driving Service vehicles are to comply with the provisions
of the Transport Operations (Road Use Management) Act 1995 and Transport Operations
(Road Use Management – Road Rules) Regulation 1999 (the Queensland Road Rules).
Officers driving police vehicles are to comply with the provisions of the Transport Operations
(Road Use Management) Act 1995 and the Queensland Road Rules so far as may be
consistent with the effective performance of their duty (see s. 14.32: ‘Urgent duty driving’ of
this Circular).
14.31.2
Legal requirements relevant to police drivers
The provisions of s. 144: ‘Act does not apply to police officer in course of duty’ of the
Transport Operations (Road Use Management) Act 1995 and a number of sections in Part
19: ‘Exemptions’ of the Queensland Road Rules exempt officers from provisions of this Act
and these Rules. In addition, several sections of the Queensland Road Rules provide
specific exemptions for drivers or passengers of police vehicles e.g. s. 267(4): 'Exemptions
from wearing seatbelts' and s. 300: 'Use of hand-held mobile phones' (see also 14.31.3: ‘Use
of mobile telephones’ of this Circular).
Protection afforded by Transport Operations (Road Use Management) Act 1995
The purpose of s. 167: ‘Protection from liability’ of the Transport Operations (Road Use
Management) Act 1995 is to protect police officers against civil liability. Members should bear
in mind that the protection from civil action afforded by this section extends to acts or
omissions done 'honestly and without negligence' under a transport act.
Section 144 of the Transport Operations (Road Use Management) Act 1995, provides an
exemption to officers from the offence provisions of the Act (other than offences under s. 79:
‘Driving etc. whilst under influence of liquor or drugs or with prescribed concentration of
alcohol in blood or breath’ and s. 80: ‘Provisions with respect to breath tests and laboratory
tests’), while exercising a power or performing a function under this or another Act.
The protection from prosecution provided by s. 144 of the Transport Operations (Road Use
Management) Act has been held by the Queensland Court of Appeal to apply only to officers
engaged in the actual exercise of a power or performance of a function, not to officers
engaged in activities incidental to the exercise of a power or performance of a function (Bevis
v. Priebe [1998] 2 Qld R 1). Activities such as patrolling streets or taking a shoplifter to a
police station for charging have been considered to be activities incidental to the exercise of
a power or performance of a function. See Criminal Law Bulletin 93.3: ‘Performance of duty’.
The exculpation provided by s. 144 was also considered by the Brisbane District Court in
Bett v Dugger (unrep Brisbane DC No 301 of 2000, 25 September 2000). In this particular
case, the provisions of s. 144 were held to apply because the actions of a police officer in
exceeding the speed limit were considered to be a vital part of the functions the officer was
required to perform and not merely incidental to the exercise of a power or performance of a
function. See Criminal Law Bulletin 171.2: ‘Police Officers Breaching Traffic Laws’.
Even though officers engaged in the lawful performance of their duties may be protected by
the provisions of s. 144 and s. 167, they are not relieved of their obligations to other road
users and may be liable to criminal and civil action if driving inappropriately in the
circumstances.
It must also be remembered that s. 144 and s. 167 do not provide protection for disciplinary
or remedial action under the Police Service Administration Act 1990 (i.e. misconduct or
breach of discipline), nor to offences under the Criminal Code which relate to the driving of a
motor vehicle.
Protection afforded by Queensland Road Rules
Section 305: ‘Exemption for drivers of police vehicles’ of the Queensland Road Rules
provides that a provision of the Queensland Road Rules does not apply to an officer driving a
vehicle in the course of the officer's duty, if:
(i)
in the circumstances:
a. the officer is taking reasonable care; and
b. it is reasonable that the provision should not apply; and
(ii)
if the vehicle is a motor vehicle that is moving, the vehicle is displaying a blue
or red flashing light or sounding an alarm, unless in the circumstances it is
reasonable not to display the light or sound the alarm or for the vehicle not to
be fitted or equipped with such a light or alarm.
Section 307: ‘Stopping and parking exemption for police and emergency vehicles’ of the
Queensland Road Rules provides that a provision of Part 12: 'Restrictions on stopping and
parking' does not apply to an officer driving a vehicle in the course of the officer's duty if, in
the circumstances:
(i)
the officer is taking reasonable care; and
(ii)
it is reasonable that the provisions should not apply.
Section 308: ‘Exemption for police officers and emergency workers on foot’ of the
Queensland Road Rules provides that a provision in Part 14 'Rules for pedestrians' does not
apply to an officer acting in the course of his or her duty if, in the circumstances:
(i)
the officer is taking reasonable care; and
(ii)
it is reasonable that the provisions should not apply.
There is no explanation as to the meaning of 'in the course of the officer's duty’, however the
concept of 'performance of duty' is expressly dealt with by s. 446 of the Police Powers and
Responsibilities Act. Section 446 states 'an officer performing a function of the police service
is performing a duty of a police officer even if the function could be performed by someone
other than a police officer'. The 'functions of the Police Service' are contained in s. 2.3 of the
Police Service Administration Act 1990.
A breach of Service policy does not, of itself, negate the applicability of s. 144 or s. 167 of the
Transport Operations (Road Use Management) Act or ss. 305, 307 or 308 of the Queensland
Road Rules respectively.
Example:
A police officer driving a vehicle during a pursuit in the course of the officer's duty fails to first
stop before driving against a red traffic light as required by 14.32.4: ‘Proceeding against
traffic light signals’ of the OPM. The provisions of s. 305 of the Queensland Road Rules may
apply to the officer if the driving through the red traffic light was done with reasonable care, it
was reasonable in the circumstances that the requirement to stop at the red traffic light
should not apply and subject to the provisions dealing with blue or red flashing light and
alarm. The officer may not be charged with an offence in relation to s. 56: ‘Stopping on a red
traffic light or arrow’ of the Queensland Road Rules. However, disciplinary action may be
taken in respect to the officer's failure to comply with Service policy.
14.31.3
Use of mobile telephones
ORDER
Despite the exemption provided by s. 300: ‘Use of hand-held mobile phones’ of the
Queensland Road Rules, drivers of police vehicles are not to use a hand held mobile
telephone while the vehicle is moving, or is stationary in traffic but not parked, except in an
emergent situation.
14.31.4
Traffic breaches committed by drivers of police vehicles
For procedures in relation to traffic breaches committed by drivers of police vehicles, see
s. 18.5: ‘Traffic breaches committed by drivers of police vehicles’ of the Human Resource
Management Manual.
14.31.5
ORDER
Driving of vehicles without a licence
Officers are not to drive any vehicle for which they are not duly licensed except in emergency
circumstances or where authorisation has been obtained from a commissioned officer.
POLICY
Commissioned officers should consider the following factors prior to authorising officers to
drive vehicles for which they are not duly licensed:
(i)
the risk to officers and members of the public including the:
a. type of vehicle to be driven;
b. prior experience/training of officer;
c. physical capacity of the officer to effectively control the vehicle;
d. type of cargo/load contained in or carried by the vehicle;
e. road worthiness of the vehicle;
f. availability of an appropriate escort vehicle;
g. distance to be travelled;
h. time and location of travel;
i. volume of traffic on the road;
j. location of schools, pedestrian crossings and other hazards; and
k. weather conditions; and
(ii)
any alternative means of moving the vehicle including use of:
a. an appropriate tow truck;
b. another officer licensed to drive the particular vehicle; or
c. an appropriately licensed member of the public acting at the direction of an
officer.
14.31.6
Persons other than police officers travelling in Service vehicles
At times persons other than police officers travel in Service vehicles. Such persons may
include:
(i)
persons in custody;
(ii)
staff members (including police liaison officers);
(iii)
police recruits;
(iv)
volunteers in policing (VIPs);
(v)
stranded motorists or welfare transports; and
(vi)
external observers (e.g. researchers, media, visiting interstate or overseas
police, and other emergency service personnel).
ORDER
Drivers of police vehicles are not to engage in urgent duty driving, if there are persons:
(i)
in custody within the Service vehicle. As outlined in s. 10.5.6: 'Transport of
arrested persons' of the OPM, officers are to convey arrested persons to the
nearest watchhouse or police establishment using the most expedient means
available; or
(ii)
other than police officers travelling in the Service vehicle, unless:
a. those persons are able to safely exit the vehicle;
b. the safety of those persons is not compromised; and
c. there is no other reasonable alternative to this course of action.
14.32 Urgent duty driving
Urgent duty driving means driving to perform a duty which requires prompt action and may
include:
(i)
the use of flashing warning lights and siren to obtain priority travel over other
motorists; and
(ii)
driving a Service vehicle in a manner that, if not justified, would ordinarily
constitute an offence.
14.32.1
When urgent duty driving is permitted
POLICY
Generally, officers should only engage in urgent duty driving when:
(i)
responding to priority code 1 and 2 job taskings (see s. 14.24: ‘Priority codes’
of this Circular);
(ii)
it is not practicable to obtain a priority code and immediate police response to
an incident is required;
(iii)
obtaining a ‘follow speed’ of a vehicle in accordance with s. 6.10: ‘Follow
speed’ of the Traffic Manual;
(iv)
intercepting or attempting to intercept a vehicle (see s. 14.33: ‘Vehicle
interceptions’ of this Circular);
(v)
involved in a pursuit (see s. 14.33: ‘Pursuits’ of this Circular); or
(vi)
otherwise exercising a power or performing a function covered by legislation
and case law, as outlined in s. 14.31.2: 'Legal requirements relevant to police
drivers' of this Circular, in circumstances which require prompt action by
police.
In relation to these situations, officers should recognise that the safety of all persons (i.e.
police officers, members of the public and offenders) is paramount. Officers are not to drive a
Service vehicle in a manner which is likely to expose themselves or other road users to
unjustifiable risk, injury or death. Officers are expected to use sound professional judgment
and will be held accountable for their decisions.
When engaging in urgent duty driving officers should drive within and not exceed their own
personal driving skills and abilities, and the capabilities of the police vehicle. Officers should
recognise that while they have to attend and deal with critical incidents as part of their duties,
they have control over their manner of driving when attending to such incidents. For
example, it is essential to actually arrive at a Code 1 or Code 2 task and not have a collision
en route. Undertaking urgent duty driving without engaging in unnecessary risk and with a
controlled demeanour and some planned course of action is a sign of professionalism as an
officer.
It must also be recognised that urgent duty driving does not provide a blanket authority to
drive at excessive speed. Although urgent duty driving may involve driving a Service vehicle
in excess of the speed limit, any speed travelled must be reasonable in the circumstances.
For example, travelling 130 km/h in a 40 km/h school zone when engaged in urgent duty
driving is unlikely to be reasonable.
Officers should also be mindful that other road users may not be aware of the presence of a
police vehicle engaged in urgent duty driving. Reasons for this may include, drivers hearing
being impaired by having windows wound up, noise from car stereos and air-conditioners.
Other environmental factors (e.g. bright sun, position of the police vehicle and other road
users) may also diminish the effectiveness of flashing warning lights and siren and add to the
risks associated with urgent duty driving.
Urgent duty driving that causes unjustifiable risk to the safety of any person is not acceptable
and does not display sound professional judgement. Even though officers driving police
vehicles may be engaged in the lawful performance of their duties, they are not relieved of
their obligations to other road users and may be liable to criminal and civil action as a result
of events associated with their driving. The onus is on each police driver to demonstrate that
care and attention is being exercised at all times.
14.32.2
Urgent duty driving not permitted for priority code 3 and 4 tasks
POLICY
Drivers of police vehicles assigned a job tasking with a priority code 3 or 4 are not to engage
in urgent duty driving (see s. 14.24: ‘Priority code’ of the OPM).
14.32.3
Use of flashing warning lights and siren
ORDER
Drivers of police vehicles are to use the flashing warning lights and siren fitted to the
particular vehicle when engaged in urgent duty driving, unless exceptional circumstances
exist.
This order does not apply to:
(i)
covert operations, including covert surveillance; or
(ii)
obtaining a ‘follow speed’ of a vehicle pursuant to s. 6.10: ‘Follow speed’ of the
Traffic Manual. However, once sufficient evidence has been obtained to prove
the offence of speeding, officers are to intercept the vehicle in accordance with
s. 14.33: ‘Vehicle interceptions’ of this Circular.
See also s. 14.6: ‘Use of police sirens and flashing or revolving warning lights and activating
the light bar’ of the Traffic Manual.
14.32.4
Proceeding against traffic light signals
ORDER
Officers engaged in urgent duty driving may drive against a red traffic control light signal only
after stopping and ensuring that continuing through the intersection (or pedestrian or railway
or other crossing) will not create a dangerous situation.
14.32.5
Use of high performance vehicles for urgent duty driving
The Service has a number of high performance vehicles generally used for traffic
enforcement duties. These vehicles have performance capabilities beyond those of standard
vehicles. Examples include the:
(i)
(ii)
Ford Falcon XR6 and XR8; and
Holden Commodore Executive V8, and SS models.
POLICY
Officers are not to drive high performance vehicles in urgent duty driving situations unless
they have:
(i)
successfully completed a 'Car Course Level II'; or
(ii)
obtained prior authorisation from the officer in charge of their region or
command.
Officers who have an operational requirement to drive high performance vehicles in urgent
duty driving situations, but have not completed a Car Course Level II, should apply for
authorisation from the officer in charge of their region or command.
Officers in charge of a region or command considering such an application are to consider:
the successful completion by the officer of departmental driving courses, other than the 'Car
Course Level II':
(i)
the experience of the officer in driving high performance vehicles;
(ii)
the types and number of vehicles available in the region or command;
(iii)
the officer's driving history; and
(iv)
whether the officer has previously been authorised to drive high performance
vehicles in urgent duty driving situations in another region or command and
the period of time elapsed since last being authorised to drive high
performance vehicles.
ORDER
Officers in charge of regions or commands are to maintain a register of officers authorised to
drive high performance vehicles in urgent duty driving situations.
The Officer in Charge of the Driver Training Unit, Policing Skills Program, Human Resource
Development Branch, Queensland Police Service Academy is to ensure appropriate records
are made and maintained for officers who successfully complete a 'Car Course Level II'.
14.32.6
Vehicle capabilities to be considered when urgent duty driving
A number of different vehicles are used within the Service. These may include:
(i)
motorcycles (road and trail);
(ii)
sedans (4, 6, or 8 cylinder);
(iii)
2WD & 4WD utilities;
(iv)
medium and heavy duty 4WD vehicles; and
(v)
prisoner transport and other specialised vehicles.
Each vehicle has limits to its capabilities.
POLICY
When engaged in urgent duty driving, officers are to ensure they drive in a manner
commensurate with the capabilities of the particular vehicle. For example, a specialist vehicle
(such as a dog squad or prisoner transport vehicle) should not be driven in the same manner
as a high performance vehicle. Care must be undertaken by officers particularly when
engaged in urgent duty driving, not to exceed the capabilities of the vehicle being driven.
14.33 Vehicle interceptions
14.33.1
Authority to intercept
In all instances officers are entitled, where lawful, to intercept a vehicle. The following
sections of the Police Powers and Responsibilities Act 2000 contain provisions relating to the
stopping of vehicles:
(i)
s. 29: ‘Searching vehicles without warrant’; and
(ii)
s. 51: ‘Stopping vehicles for prescribed purposes’.
14.33.2
Considerations prior to interception
PROCEDURE
Officers intending to intercept motor vehicles should ensure:
(i)
they do not unnecessarily expose themselves or any other persons, to danger;
and
(ii)
appropriate safety precautions are taken.
Prior to giving a direction to the driver of another vehicle to stop, officers should:
(i)
consider whether to stop the vehicle immediately or call for assistance. This
consideration should include whether the vehicle is being driven in a manner
dangerous to road users, the type of offence suspected of having been
committed, the number of persons in the vehicle and whether the officer is
attempting the interception is alone.
If the vehicle is being operated dangerously or the driver is suspected of being
under the influence of liquor or a drug, then every effort should be made to
intercept the vehicle as soon as possible, bearing in mind the amount of traffic
on the road at the time;
(ii)
consider advising the local police communications centre of their intentions to
stop the particular vehicle;
(iii)
consider the reason for the interception and what action should be taken if the
driver of the vehicle refuses to stop. In particular, does the reason for the
interception fall within a pursuit category or within the definition of a nonpursuit matter (see s. 14.30.2: ‘Definitions’ of this Circular) and should:
a. a pursuit be commenced in accordance with s. 14.34.3: ‘When pursuits are
permitted’ of this Circular; or
b. the attempted interception be abandoned in accordance with s. 14.33.4:
‘Abandoning an attempted interception’ of this Circular; and
(iv)
select a suitable interception site. Where practicable, the interception site
should be well lit and located on a level stretch of roadway so that both the
police vehicle and the intercepted vehicle are plainly visible from a distance. If
possible, avoid stopping over the crest of a hill or in an area where visibility of
the police vehicle is impeded.
14.33.3
Intercepting a vehicle
PROCEDURE
When an officer has made a decision to intercept a vehicle, the officer should:
(i)
check the rear vision mirror and monitor any following traffic, keep a clear view
of and do not overtake the vehicle to be intercepted;
(ii)
be alert to the possibility that the vehicle may stop suddenly and the driver
decamp from the vehicle, or the vehicle may make a u-turn and drive off in the
opposite direction, or reverse onto the police vehicle to damage same or to
activate the police vehicle's airbag;
(iii)
position the police vehicle to the rear of and at a safe distance from the vehicle
to be intercepted. Activate the emergency warning lights fitted to the police
vehicle and activate the siren;
(iv)
when intercepting oncoming vehicles, at no time position the police vehicle on
the incorrect side of the road or travel into the path of an oncoming vehicle.
However, this does not apply to a roadblock established pursuant to s. 2.4.12:
‘Roadblocks’ of the OPM;
(v)
if the vehicle does not stop and only if it is reasonably safe and practicable to
do so, position the police vehicle abreast of the vehicle. Care should be taken
during this manoeuvre to avoid 'over-shooting' the vehicle and to prevent the
driver swerving the vehicle into the police vehicle. Officers should be prepared
to take evasive action if the driver of the vehicle attempts to ram the police
vehicle;
(vi)
indicate to the driver of the vehicle by hand signals, visual means (such as a
'POLICE – STOP' sign, if available), loudspeaker or other suitable means, to
stop the vehicle; and
(vii)
if the vehicle:
a. comes to a halt, stop the police vehicle at a reasonable distance behind the
vehicle, allowing visibility of the interior of the vehicle. The police vehicle may
be stopped in an off-set position if the interception site allows it. Officers
should comply with the provisions of s. 14.33.5: ‘Procedures after interception’
of this Circular; or
b. fails to stop as soon as reasonably practicable and the officer believes on
reasonable grounds the driver of the subject vehicle is intentionally attempting
to evade police:
 if appropriate, commence a pursuit in accordance with s. 14.34:
‘Pursuits’ of this Circular, or
 abandon the attempted interception and comply with s. 14.33.4:
‘Abandoning an attempted interception’ of this Circular.
14.33.4
Abandoning an attempted interception
ORDER
Where the driver of a vehicle fails to comply with a direction to stop (see s. 14.33.3:
‘Intercepting a vehicle’ of this Circular) and the attempted interception is abandoned, officers
are to:
(i)
turn off flashing warning lights and siren;
(ii)
pull over and stop the police vehicle in the first available safe position;
(iii)
provide the local police communications centre with brief details of the
attempted interception;
(iv)
make notes of the circumstances of the attempted interception to assist with
the subsequent investigation of the evade police offence (see s. 754: ‘Offence
for driver of motor vehicle to fail to stop motor vehicle’ of the Police Powers
and Responsibilities Act 2000) and any other offences detected; and
(v)
ensure that prior to the end of the shift:
a. an investigation is commenced; and
b. a CRISP report is furnished (see s. 1.12.2: ‘Recording an offence on CRISP’
of the OPM);
in relation to the evade police offence and any other offences detected prior to
abandoning the attempted interception (see Traffic Manual ss. 11.16: ‘Evading
police officers’).
PROCEDURE
The information to be recorded on CRISP includes:
(i)
in the ‘Offence Location Details’ – the location where the initial direction to
stop was given;
(ii)
in the ‘Modus Operandi Details’:
a. the reason for the attempted interception (e.g. a traffic infringement or random
breath test);
b. how the direction to stop was given (e.g. by positioning the police vehicle to
the rear of the vehicle, the use of warning lights and siren);
c. descriptions of additional directions to stop, if any (e.g. by re-positioning the
police vehicle alongside the other vehicle, whether the driver of the vehicle
was directed by hand signals, visual means (such as a 'POLICE – STOP'
sign), loudspeaker or other suitable means, to stop the vehicle;
d. the actions of the driver which led to the reasonable belief that they were
deliberately attempting to evade police (e.g. increasing speed, weaving
between lanes to travel at a speed higher than the surrounding traffic);
e. the speeds attained during the attempted interception;
f. the reason the attempted interception was subsequently abandoned;
g. the location where the attempted interception was abandoned;
h. the type of police vehicle(s) involved (e.g. motorcycle, sedan, four wheel
drive) and whether marked or unmarked; and
i. description of the offending vehicle, driver and any other occupants; and
(iii)
in the ‘Officer’s Report’, the details of the officers in the police vehicle(s).
14.33.5
Procedures after interception
PROCEDURE
Before leaving the police vehicle to speak to the occupants of the intercepted vehicle, officers
should:
(i)
notify the local police communications centre of the interception and the exact
location as well as any other information regarding the description of the
intercepted vehicle and its occupants;
(ii)
if time permits, record on the activity log or elsewhere, information of the
intercepted vehicle and its occupants;
(iii)
ensure the light bar or the revolving or flashing lights are operating if the
stopping of the vehicles creates a hazardous situation;
(iv)
observe the occupants of the intercepted vehicle for any unusual movement,
e.g. change of seating positions, attempts to dispose of anything or attempts
to leave the scene unexpectedly either in the vehicle or on foot;
(v)
avoid standing between the police vehicle and the intercepted vehicle;
(vi)
approach the intercepted vehicle with caution;
(vii)
where practicable, walk to the driver's side of the intercepted vehicle. If it is
unsafe to do so, walk to the passenger side;
(viii) stand at a point just behind the front driver's/passenger's side door of the
intercepted vehicle (officers should avoid walking or standing in a position
forward of the front door lock as there is a risk of the driver suddenly opening
the door and knocking the officer to the ground. Officers should stand at an
angle to the intercepted vehicle and not face-on towards it. Officers should
avoid bending down or stepping back from a vehicle without first ensuring the
movement is safe from oncoming vehicles); and
(ix)
in the case of two-officer patrols, avoid approaching the intercepted vehicle
from the same side.
14.33.6
Mobile interception of heavy vehicles
Heavy vehicles such as articulated motor vehicles, B-Doubles, road trains or other rigid
motor vehicles towing one or more trailers, due to their weight and size require suitable
interception sites.
PROCEDURE
Officers intending to intercept heavy vehicles should ensure that any selected interception
site:
(i)
has sufficient space for the stopping of the vehicle;
(ii)
has a safe 'pull-off' section;
(iii)
provides for good visibility of stopped vehicles to approaching traffic and
wherever practicable be on flat roadway;
(iv)
does not require the sudden application of brakes by drivers of heavy vehicles
or the driving of the heavy vehicles up hill when departing; and
(v)
has sufficient space for vehicles to move off and return into the traffic flow.
14.33.7
Security firms' special purpose armoured vehicles
PROCEDURE
From time to time officers may have cause to intercept drivers of special purpose armoured
vehicles owned by security firms. To alleviate the concern experienced by security firms that
the person(s) intercepting their vehicles, particularly in remote areas, might be criminals
posing as police officers, the intercepting officer should:
(i)
permit the driver to remain in the special purpose armoured vehicle; and
(ii)
allow the driver to communicate through a microphone system fitted to that
vehicle.
Any written communication, including any identification or driver's licence may be passed by
the driver to the officer through the vehicle's gun ports.
Special purpose armoured vehicles should not be left on roadways and where appropriate
the vehicle is to be driven to a police station/establishment. The relevant security firm's
supervisor will attend upon request to make any necessary arrangements depending on the
circumstances.
In the event that a special purpose armoured vehicle is involved in a traffic incident officers
should permit the driver of such vehicle to communicate with their supervisor to enable that
supervisor to attend the scene. If the driver is incapacitated as a consequence of an injury,
officers should contact the security firm's supervisor.
Officers performing duties at a random breath test interception site should not intercept
special purpose armoured vehicles.
14.34 Pursuits
14.34.1
Pursuit policy principles
The pursuit policy is underpinned by the following principles:
(i)
Pursuit driving is inherently dangerous. In most cases the risk of the pursuit
will outweigh the benefits.
(ii)
Pursuits should only be commenced or continued where the benefit to the
community of apprehending the offender outweighs the risks.
(iii)
If in doubt about commencing or continuing a pursuit, don’t.
(iv)
Officers who determine that the risk of a pursuit outweighs the benefit and
choose not to commence or not to continue a pursuit will be supported by the
management and senior officers of the Service.
(v)
Despite having a restrictive pursuit policy, the Service will treat a pursuit as a
serious matter and make every effort to identify and apprehend the
offender(s). The revised pursuit policy seeks to shift the manner of
apprehension of people who fail to be intercepted from pursuits into other
strategies. The Service will continue to apprehend offenders who fail to be
intercepted but pursuits will not be the principal means of effecting
apprehension.
14.34.2
When does an intercept become a pursuit
A pursuit commences when:
(i)
an officer driving a police vehicle gives a direction to the driver of another
vehicle to stop (see s. 14.33.3: ‘Intercepting a vehicle’ of this Circular);
(ii)
(iii)
the vehicle fails to stop as soon as reasonably practicable and the officer
believes on reasonable grounds that the driver of the vehicle is attempting to
evade police; and
the officer continues to attempt to intercept the vehicle.
14.34.3
When pursuits are permitted
ORDER
Pursuits are not to be commenced for non-pursuit matters. When an officer is attempting to
intercept a vehicle in relation to a non-pursuit matter, if the vehicle fails to stop as soon as
reasonably practicable, the attempted interception is to be abandoned in accordance with s.
14.33.4: ‘Abandoning an attempted interception’ of this Circular.
Pursuits may be commenced for matters which fall within pursuit category 1, 2, or 3,
subject to the following conditions:
(i)
a risk assessment must be conducted in relation to the pursuit. In assessing
risk, officers should have a lower tolerance of risk the higher the pursuit
category number. For example, a pursuit category 3 incident has a lower risk
tolerance than a category 1 incident. The following factors must form part of
the assessment:
a. the safety of all persons (i.e. police officers, members of the public and
suspect persons) is paramount;
b. the possible consequences (e.g. the death of, or serious injury to, any person
and/or damage to property);
c. the type of police vehicle. For example, pursuits of trail bikes by four wheel
units, other than on formed roads should only be conducted in extreme
circumstances (see s. 14.34.8: ‘Operational considerations’ of this Circular);
d. whether the police vehicle is marked and has flashing warning lights and siren
fitted (see s. 14.34.8: ‘Operational considerations’ of this Circular);
e. the manner in which the pursued vehicle is being driven, including the speed
of both vehicles;
f. the type and mechanical condition of the pursued vehicle, if known;
g. whether the driver and occupant(s) of the pursued vehicle have been
identified or are likely to be able to be identified and whether the suspect
person needs to be apprehended without delay;
h. the known or suspected age of the driver and occupants of the pursued
vehicle. The risk factor may increase with inexperienced or young drivers;
i. whether the driver of the police vehicle has knowledge of the geographical
area including the road system. If the driver of the police vehicle is unfamiliar
with the area in which the pursuit is taking place, the risks involved in the
pursuit may increase;
j. the existing visibility and lighting;
k. environments with high usage (e.g. school zones, entertainment precincts with
high pedestrian traffic, shopping centre car parks and industrial estates); and
l. any other relevant circumstances, such as road, weather, and other traffic
conditions;
(ii)
the reasons for and risks involved must be continually re-assessed during the
pursuit; and
(iii)
if the pursuit exposes the police, public or the occupants of the pursued
vehicle to unjustifiable risk, it must be abandoned in accordance with
s. 14.34.9: ‘Abandoning a pursuit’ of this Circular.
14.34.4
Notification of pursuits
POLICY
When an officer initiates a pursuit in an area where radio contact can be maintained, that
officer is to ensure the local police communications centre is advised as soon as possible of
the following:
(i)
the identity of the police unit;
(ii)
the reason for the pursuit, including the pursuit category;
(iii)
the location of the pursuit, its direction of travel and speed;
(iv)
a description of pursued vehicle and occupant(s);
(v)
the type of police vehicle (e.g. sedan, motorcycle, van, four wheel drive) and
whether the unit is marked or unmarked);
(vi)
the number and identity of occupants of the police unit;
(vii)
the environmental conditions (e.g. traffic volume, visibility, road and weather
conditions); and
(viii) any other relevant details.
Where there is an officer other than the driver in the police vehicle, that officer is responsible
for maintaining radio contact, and relaying as soon as possible all relevant details to the radio
operator.
The radio operator, wherever possible, is to instruct all units not actually involved in the
pursuit to maintain radio silence unless urgent.
14.34.5
Officer responsible for the control of pursuits (pursuit controller)
ORDER
The senior officer in the primary unit is responsible for initiating the pursuit.
The officer in control of a pursuit (the pursuit controller) will be the senior officer in the
primary unit until control of the pursuit passes to the Duty Officer, Police Communications
Centre, Brisbane, or the officer in charge or shift supervisor of the relevant communications
centre or station from where the radio operator is transmitting.
Immediately the radio operator is advised that a pursuit is in progress, if the radio operator is
an officer, that person will temporarily become the pursuit controller. In the case of a civilian
radio operator, the senior officer in the primary unit will remain the pursuit controller until
advised that the Duty Officer, officer in charge, or shift supervisor of the relevant
communications centre or station from where the radio operator is transmitting, is taking
control.
In areas covered by the Police Communications Centre, Brisbane, the radio operator is to
immediately advise the Duty Officer, Police Communications Centre, who will then become
the pursuit controller.
Outside the area covered by the Police Communications Centre, Brisbane, this responsibility
rests with the officer in charge or shift supervisor of the relevant communications centre,
station or radio base, from where the radio operator is transmitting.
In areas where radio contact cannot be maintained, the senior officer in the primary unit will
remain the pursuit controller.
All officers in a pursuing vehicle are to:
(i)
(ii)
comply with any direction given by the pursuit controller; and
ensure where radio contact can be maintained, that the radio operator is
advised of the progress of the pursuit at regular intervals and when requested
to do so by the radio operator.
14.34.6
Responsibilities of the pursuit controller
POLICY
Pursuit controllers are accountable for their actions and decisions in allowing a pursuit to
continue. In deciding whether to allow a pursuit to continue, pursuit controllers should:
(i)
confirm the pursuit category relied on by the officers involved in the pursuit;
(ii)
conduct an ongoing risk assessment of the pursuit;
(iii)
assess whether the pursuit is permitted in accordance with s. 14.34.3: ‘When
pursuits are permitted’ of this Circular; and
(iv)
if appropriate, direct the abandonment of the pursuit in accordance with
s.14.34.9: ‘Abandoning a pursuit’ of this Circular.
During a pursuit the pursuit controller is responsible for:
(i)
identifying and assigning other available resources to assist in the pursuit (e.g.
a backup unit to assist in the pursuit and tyre deflation device (TDD) equipped
units);
(ii)
authorising certain use of force options in accordance with s. 14.35: ‘Use of
force during pursuits’ of this Circular as appropriate (e.g. the deployment of
TDD;
(iii)
notifying the relevant adjoining communication centre, where a pursuit moves
into that areas control and providing information including the:
a. identity of the pursuing police unit(s);
b. description of the pursued vehicle and occupant(s);
c. location of the pursuit, it’s direction of travel and speed;
d. reason for the pursuit, including the pursuit category; and
e. actions the offending vehicle has taken to avoid capture;
(iv)
authorising, if appropriate, a pursuit to cross the border into another State or
Territory (see s. 14.34.9: ‘Abandoning a pursuit’ of this Circular). In
considering such approval, the pursuit controller is to notify and liaise with the
relevant police communications centre for that State or Territory; and
(v)
where a pursuit has been abandoned, authorising its resumption or
recommencement in accordance with s. 14.34.10: ‘Resumption of a pursuit’ of
this Circular, if appropriate.
(vi)
The pursuit controller is also responsible for advising the relevant regional
duty officer, district duty officer or shift supervisor at the conclusion of a pursuit
and for providing a brief overview of the pursuit (see s. 14.34.12: ‘Conclusion
of a pursuit’ of this Circular).
14.34.7
Responsibilities of duty officers and shift supervisors
POLICY
Regional duty officers, district duty officers and shift supervisors should:
(i)
where possible, monitor the progress of all pursuits initiated within, or which
enter, the area under their control; and
(ii)
if considered appropriate, direct the abandonment of the pursuit in accordance
with s. 14.34.9: ‘Abandoning a pursuit’ of this Circular.
14.34.8
Operational considerations
ORDER
Officers engaged in motor vehicle pursuits are to ensure:
(i)
the initial pursuing vehicle continues the pursuit but relinquishes the primary
unit position to another vehicle if the occupants:
a. are unable to keep the offender's vehicle in sight; or
b. consider another unit is in a better position to undertake the pursuit.
(ii)
if a motorcycle unit initiates a pursuit as the primary unit, the motorcycle unit is
to relinquish the primary unit position to a vehicle with 4 wheels, when advised
by the radio operator or pursuit controller that such a vehicle is in attendance.
The motorcycle unit should then assume a position a safe distance behind the
new primary unit and at the conclusion of the pursuit initiates the investigation
with respect to the offence for which the pursued vehicle was originally
required to stop.
(iii)
where the pursuit controller designates a second four wheel unit as a back-up
unit, that unit it is to maintain a safe distance behind the primary unit, but
should be close enough to render assistance if and when required;
(iv)
if the initial pursuing vehicle contains only one member, that unit is to
relinquish the primary unit position to another vehicle with two members, when
advised by the radio operator or pursuit controller that such a vehicle is in
attendance. The initial pursuing vehicle should then assume the role of the
back-up unit and at the conclusion of the pursuit initiates the investigation with
respect to the offence for which the pursued vehicle was originally required to
stop;
(v)
unless otherwise directed by the pursuit controller, only two units pursue an
offender's vehicle. If additional units are requested after the pursuit has ended
to assist in detaining occupants of the pursued vehicle, the pursuit controller
shall arrange accordingly. Under no circumstances are other police units to
join in the pursuit of an offending vehicle unless directed to do so by the
pursuit controller;
(vi)
pursuits of trail bikes by four wheel units, other than on formed roads should
only be conducted in extreme circumstances. Trail bikes should only be
pursued in off-road situations by approved motorcyclists riding trail bikes;
(vii)
pursuits by unmarked vehicles not fitted with flashing lights and siren are only
initiated in extreme circumstances and when a marked police unit is not
available; and
(viii) if an unmarked police vehicle initiates a pursuit, that unit is to relinquish the
primary unit position, when advised by the radio operator or pursuit controller
that a marked police vehicle equipped with flashing lights and siren is in
position to take over the pursuit. The unmarked vehicle is to then accompany
the marked vehicle at a safe distance and at the conclusion of the pursuit
initiates the investigation with respect to the offence for which the pursued
vehicle was originally required to stop.
14.34.9
Abandoning a pursuit
ORDER
A pursuit must be abandoned immediately it creates an unjustifiable risk to the safety of any
person. The criteria outlined in s. 14.34.3: 'When are pursuits permitted' of this Circular must
be continually assessed by all officers involved in a pursuit and must be considered when
deciding whether to abandon the pursuit.
Officers are to abandon a pursuit when:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
a.
b.
c.
(vii)
a.
b.
c.
d.
the pursuit exposes the police, public or the occupants of the pursued vehicle
to unjustifiable risk.
continuing the pursuit is futile;
visual contact with the pursued vehicle has been lost and is unlikely to be
regained;
the identity of the driver of the pursued vehicle is known and it is not
necessary to immediately apprehend the person;
the driver of the pursued vehicle is a child, unless the reason for the pursuit
and the circumstances are so serious it is necessary that the child be
immediately detained;
the pursued vehicle crosses the State border, unless:
the pursuit controller has given prior authority to cross the border;
the driver of the police vehicle is a special constable for that State; and
the public interest or potential for loss of life or property is so great that the
pursuit should continue.
However, officers who continue a pursuit across the border into another State
or Territory must be mindful they will be subject to the police pursuit policies
and procedures of the relevant State or Territory; or
a direction to abandon the pursuit is given by the:
pursuit controller;
regional duty officer;
district duty officer; or
shift supervisor.
The officer who decides to give such a direction is to ensure the direction is
immediately communicated to all officers involved.
When a pursuit is abandoned, officers involved are to:
(i)
turn off flashing warning lights and siren;
(ii)
pull over and stop the police vehicle in the first available safe position;
(iii)
advise the pursuit controller:
a. they have abandoned the pursuit;
b. their reasons for abandoning the pursuit, if no direction to abandon was made;
and
c. their location;
(iv)
conduct a safety check of the police vehicle. This includes:
a. leaving the engine running to continue engine cooling; and
b. visually inspecting:
 underneath the engine bay for excessive coolant loss;
 the tyres and rims of the vehicle for obvious damage; and
 the body of the vehicle, if contact with another vehicle or object
occurred during the pursuit.
See also s. 14.34.15: ‘Vehicle inspections following pursuits’ of this Circular; and
(v)
make notes of the circumstances of the abandoned pursuit to assist with the
subsequent investigation of the evade police offence and any other offences
involved (see s. 14.34.13: ‘Investigation of offences committed during
pursuits).
PROCEDURE
Once the required information has been provided to the pursuit controller, the safety check of
the police vehicle conducted and relevant notes made concerning the incident, the units
involved may resume normal patrols or other (pre-pursuit) duties. However, if the police
vehicle’s brakes were used extensively during the pursuit, officers should be aware that
optimal brake performance in the vehicle will only be restored once brake operating
temperatures have returned to normal.
14.34.10
Resumption of a pursuit
ORDER
An abandoned pursuit is not to be resumed or recommenced without the prior approval of the
pursuit controller.
Unless the reasons for abandoning the original pursuit have significantly changed,
resumption of a pursuit is not to occur. Where a pursuit is resumed, the same considerations
outlined in s. 14.34.3: ‘When pursuits are permitted’ of this Circular apply.
14.34.11
Support for officers abandoning a pursuit
POLICY
Officers who abandon a pursuit on the basis of unacceptable risk are to be supported. That
support should emphasise that the Service acknowledges sound professional judgement, the
avoidance of unnecessary risk and compliance with Service policy.
In recognition of the potential risks involved in pursuits, officers will not be criticised or
disciplined for a decision not to engage in a pursuit, even in circumstances where the policy
would permit the commencement or continuation of the pursuit.
This support extends to circumstances where the identity of an offender for a known or
suspected indictable offence remains unknown due to the pursuit being abandoned, thereby
allowing the offender to escape punishment.
14.34.12
Conclusion of a pursuit
POLICY
At the conclusion of a pursuit, the pursuit controller is to arrange for the relevant regional
duty officer, district duty officer or shift supervisor to be advised as soon as possible. As soon
as practicable, the relevant duty officer or supervisor advised should, contact the officers
involved in the pursuit to:
(ii)
ensure officer welfare;
(iii)
discuss the reasons and conduct of the pursuit and provide basic feedback;
(iv)
establish whether there were any failures or deficiencies in procedures,
equipment or tactics; and
(v)
provide assistance in the investigation of pursuit related offences (see
s. 14.34.13: ‘Investigation of offences committed during pursuits’ of this
Circular).
If conducted, a reference to this debrief should be recorded on the significant event message
(see s. 14.34.14: ‘Recording pursuits’ of this Circular).
If the pursuit results in damage to property, injury or death, the pursuit controller is to advise
the relevant regional duty officer who is to ensure the matter is properly investigated. See
s. 5.16: ‘Investigation of traffic incidents involving members or Service vehicles’ of the Traffic
Manual and s. 1.17: ‘Fatalities or serious injuries resulting from incidents involving members
(Police related incidents)’ of the OPM.
14.34.13
POLICY
Investigation of offences committed during pursuits
At the conclusion of any pursuit, the senior officer in the police vehicle who commenced the
pursuit is to ensure that prior to the end of the shift:
(i)
an investigation is commenced; and
(ii)
a CRISP report is furnished (see s. 1.12.2: ‘Recording an offence on CRISP’
of the OPM);
for the offence of evade police (see Traffic Manual ss. 11.16: ‘Evading police
officers’), and any other offences detected, including the original offence which
led to the pursuit.
PROCEDURE
The information to be recorded on CRISP includes:
(i)
in the ‘Offence Location Details’ – the location where the initial direction to
stop was given;
(ii)
in the ‘Modus Operandi Details’:
a. the reason for the attempted interception (e.g. a traffic infringement or random
breath test);
b. how the direction to stop was given (e.g. by positioning the police vehicle to
the rear of the vehicle, the use of warning lights and siren);
c. descriptions of additional directions to stop, if any (e.g. by re-positioning the
police vehicle alongside the other vehicle, whether the driver of the vehicle
was directed by hand signals, visual means (such as a 'POLICE – STOP'
sign), loudspeaker or other suitable means, to stop the vehicle;
d. the actions of the driver which led to the reasonable belief that they were
deliberately attempting to evade police (e.g. increasing speed, weaving
between lanes to travel at a speed higher than the surrounding traffic);
e. the times the pursuit commenced and finished;
f. the locations where the pursuit commenced and finished;
g. reason for the attempted interception that led to the pursuit, including the
pursuit category;
h. traffic conditions;
i. speeds attained;
j. damage to any property;
k. injuries sustained to any person;
l. the reason for abandoning the pursuit, if abandoned;
m. the deployment of a tyre deflation device or any other use of force option;
n. the type of police vehicle involved (e.g. motorcycle, sedan, four wheel drive)
and whether marked or unmarked;
o. description of the offending vehicle, driver and any other occupants; and
p. the QPRIME occurrence number, if any; and
(iii)
in the ‘Officer’s Report’ – the details of the officers in the police vehicle.
14.34.14
Recording pursuits
POLICY
Before the end of the shift during which the pursuit occurred, the senior officer in the primary
unit is to provide relevant information concerning the pursuit to the regional duty officer,
district duty officer or shift supervisor, for inclusion within a significant event message.
The duty officer or shift supervisor advised is to ensure a significant event message is
completed in relation to the pursuit, in accordance with the provisions of s. 1.4.6:
‘Responsibilities of Supervisor' and s. 1.6.10: ‘Significant Event Messaging System of the
OPM.
14.34.15
Vehicle inspections following pursuits
POLICY
All police vehicles involved in a pursuit should be subjected to a 'post pursuit' inspection as
soon as practicable after a pursuit, where:
(i)
the vehicles were driven at high speed for an extended period;
(ii)
heavy braking occurred during the pursuit; or
(iii)
rough or irregular road surfaces were traversed.
The officer in charge of the station or establishment to which any such vehicle is attached, is
responsible for ensuring the inspection, if necessary, is arranged and carried out.
14.35 Use of force during pursuits
14.35.1
Use of tyre deflation devices (TDD)
Tyre deflation devices are designed to terminate pursuits with minimum injury to all
participants and damage to surrounding property. TDD are deployed by being placed across
the road in front of the vehicle being pursued. The spikes of the device puncture the vehicle's
tyres, causing the controlled release of air over a number of seconds. The controlled release
of air minimises health and safety risks and allows the driver to retain control of the vehicle
during tyre deflation.
The contents of this section are to be read in conjunction with sections 14.33: 'Vehicle
interceptions’ and 14.34: ‘Pursuits’ of this Circular and the 'Police Operational Skills and
Tactics Vehicle Tyre Deflation Devices Good Practice Guide 2001' (the Good Practice
Guide).
Authority to deploy TDD
Relevant legislation concerning the use of TDD is contained in ss. 19: 'General power to
enter to arrest or detain someone or enforce warrant'; 44: 'Prevention of offences'; 375:
'Power to use force – exercise of certain powers'; and s. 376: ‘Power to use force against
individuals’ of the Police Powers and Responsibilities Act 2000.
Deployment of TDD
ORDER
Deployment of TDD during a pursuit must be authorised by the pursuit controller. Tyre
deflation devices are not to be used to stop motorcycles or similar vehicles.
POLICY
When TDD deployment is considered by the pursuit controller to be an appropriate means of
bringing a pursuit to an end, the pursuit controller is to:
(i)
advise all officers involved in the pursuit that authorisation is given to deploy a
TDD;
(ii)
ascertain the availability of a deployment officer and suitably equipped vehicle;
(iii)
obtain the deployment site location from the deployment officer;
(iv)
ensure the location of the deployment site is communicated to the units
involved in the pursuit;
(v)
task other support units in the vicinity of the TDD to assist with traffic control if
appropriate; and
(vi)
monitor the pursuit and if of the opinion that it is in the greater interest and
safety of the public, abandon the pursuit pursuant to s. 14.34.7 'Abandoning a
pursuit' of this Circular, and/or rescind authorisation for the TDD deployment.
When authority has been given to deploy a TDD:
the deployment officer is to:
(i)
monitor the progress of the pursuit on the police radio network;
a. select a suitable site for deployment of the TDD, having regard to the relevant
circumstances of the pursuit and safety considerations concerning the
potential location (see 'Site selection and safety considerations' of Chapter 3
of the Good Practice Guide);
b. communicate the location of the deployment site to the pursuit controller;
c. ensure pedestrians are directed away from the deployment site (see s. 50:
'Power for regulating traffic' of the Police Powers and Responsibilities Act);
d. refrain from deploying the device if:
 personal or public safety is compromised;
 the pursuit is abandoned pursuant to s. 14.34.7: ‘Abandoning a
pursuit’ of this Circular; or
 the authority to deploy the TDD is revoked by the pursuit controller,
regional duty officer, district duty officer or shift supervisor;
e. deploy the TDD in accordance with the instructions and tactics provided in the
Good Practice Guide and do not leave the TDD unattended;
f. remove the TDD from the roadway as soon as it is safe to do so, once the
pursued vehicle proceeds through the deployment site or when it is no longer
required;
g. remove from the roadway or vicinity of the deployment site any debris that is
related to the deployment;
h. inspect the TDD after use and perform any required maintenance in
accordance with the Good Practice Guide (see also 'Maintenance' of this
section); and
i. ensure that a TDD deployment report (QP457, available on QPS Forms
Select) is completed before ceasing duty. Copies of the completed form are to
be forwarded to:
 the officer in charge of the deployment officer's station or
establishment for forwarding to the appropriate regional driving
review panel; and
 the Officer in Charge, State Traffic Support Branch, Operations
Support Command;
(ii)
the primary unit is to:
a. reduce speed when approaching the deployment site and remain a minimum
of five seconds behind the pursued vehicle to prevent the police vehicle
engaging the TDD. Distance between the pursued vehicle and the primary
unit may need to be increased due to other circumstances including speed,
road and weather conditions; and
b. where practicable, intercept the pursued vehicle after engagement with the
TDD;
(iii)
assisting officers are to:
a. remain away from the deployment site unless otherwise directed; and
b. where directed by the pursuit controller, assist with:
 stopping traffic following the pursuit; and
 reducing traffic flow in the proximity of the deployment site; and
(iv)
regional duty officers, district duty officers and shift supervisors should monitor
the pursuit where possible and if of the opinion that it is in the greater interest
and safety of the public, terminate the pursuit pursuant to s. 14.34.7:
'Abandoning a pursuit' of this Circular, and/or direct the non deployment of the
TDD.
Authority to deploy TDD (Roadblocks)
POLICY
Where the use of TDD may be appropriate for roadblocks, officers are to comply with
s. 2.4.12: 'Roadblocks' of the OPM.
Training – TDD
POLICY
Deployment of TDD is restricted to officers who have successfully completed the relevant
POST training.
The Chief OST Instructor is responsible for ensuring that the necessary systems are in place
to enable POST training to take place with respect to TDD.
TDD training will be conducted in conjunction with operational skills training (see s. 14.3.1:
'Police Operational Skills and Tactics (POST) training' of the OPM). Officers failing to qualify
in the use of TDD must undertake further training. Officers who after further training still fail to
qualify are not to use or deploy a TDD until the required standard is achieved.
Maintenance
POLICY
Officers are to immediately report to their officer in charge:
the loss of any TDD;
any damage or defect to a TDD; or
any unsatisfactory condition relating to any TDD (e.g. maintenance consumables or
replacement parts have been fully exhausted).
Regions and commands are responsible for ongoing financial expenses regarding the
purchase of replacement TDD and all consumable components.
Officers in charge are responsible for the issue, care and storage of TDD on issue to their
station or establishment. Officers in charge are to ensure that when TDD are not in use they
are appropriately stored.
Information concerning warranty issues, supplier contact details and the replacement of
consumable components for TDD is available on the Operational Research and Advisory
Unit webpage.
Compensation
POLICY
If a person suffers loss as a result of the deployment of a TDD, compensation may be
payable by the State to the person whose property is damaged. Any claim for compensation
arising from deployment of TDD is the responsibility of the region or command in which the
deployment occurs. The region or command is also responsible for furnishing and submitting
any required Ministerial submission to obtain a decision pursuant to s. 455: 'Compensation'
of the Police Powers and Responsibilities Act.
14.35.2
POLICY
Use of firearms
Officers are to comply with the provisions of s. 14.7: ‘Use of firearms’ of the OPM in regard to
the use of firearms. In particular, s. 14.7 of the OPM states that officers should not use a
firearm to fire at moving vehicles. This policy must be complied with under ordinary
circumstances and may only be departed from if there are good and sufficient reason(s) for
doing so.
Consequently, only in extreme circumstances should the use of firearms during motor vehicle
pursuits be considered. Factors to be taken into account include:
(i)
the possibility of firing inaccurately at or from a moving vehicle;
(ii)
ricochets;
(iii)
the danger of the pursued vehicle going out of control and injuring bystanders;
(iv)
the safety of all occupants in the pursued vehicle; and
(v)
the possibility of a member of the public being injured or killed if struck by a
projectile.
14.35.3
Use of oleoresin capsicum (OC) spray
POLICY
Officers should not use oleoresin capsicum (OC) spray during a pursuit because of the
danger of the pursued vehicle going out of control and injuring the occupants or others.
See also s. 14.21: 'Oleoresin Capsicum (OC) Spray' of the OPM.
14.35.4
Other use of force options
ORDER
Officers are not to use the following tactics/practices unless:
(i)
prior approval has been obtained from the pursuit controller; and
(ii)
the persons involved are reasonably suspected of violent crimes against a
person (e.g. murder, robbery); or
(iii)
have committed, or are about to commit, other offences where there is danger
to life; or that will create circumstances that pose an imminent significant risk
to public safety; and
the pursuit warrants resolution through such means:
(i)
barricading the roadway with any vehicle (police or private);
(ii)
attempting to force a pursued vehicle from the roadway by driving the police
vehicle alongside it;
(iii)
'boxing in' or 'heading off' the offender's vehicle; or
(iv)
attempting to slow or stop the pursued vehicle by positioning the police vehicle
directly in front of the pursued vehicle.
See also s. 2.4.12: ‘Roadblocks’ of the OPM.
14.36 Review of police driving
Driving Review Panels are to be established in each region, State Crime Operations
Command, Human Resources Division and Operations Support Command. (The Operations
Support Command panel will also address all other areas of the Service not referred to
above.)
The membership of each Driving Review Panel should include:
Chief Superintendent (Operations Coordinator);
Regional Traffic Coordinator;
Officer in Charge of a District Traffic Branch; and
Regional Education and Training Coordinator.
Membership of Driving Review Panels is not limited to the representation indicated above
and may include other personnel such as a representative of the Queensland Police Union of
Employees or Human Services Officer.
Except as indicated hereunder, the Driving Review Panels should be chaired by a Chief
Superintendent.
The Panels should meet on a regular basis and examine aspects of the driving of Service
vehicles, in particular:
(i)
pursuits;
(ii)
urgent duty driving in response to priority code 1 and 2 tasks;
(iii)
collisions involving police vehicles;
(iv)
camera detected and other offences involving police vehicles.
(v)
complaints from the public relating to the driving of police vehicles; and
(vi)
training needs.
In relation to camera detected and other offences involving police vehicles, Driving Review
Panels are not required to examine in detail every investigation conducted in accordance
with s. 18.5: 'Traffic breaches committed by drivers of police vehicles' of the Human
Resource Management Manual. It is sufficient for Driving Review Panels to receive an
overview of the traffic breaches involving officers so that areas of concern and training needs
can be identified.
All pursuits and urgent duty driving involving a collision must be subject to an assessment by
the relevant Driving Review Panel convened as soon as practicable for that purpose. If a
fatality or injury that results in the hospitalisation of any person, arises from a pursuit or
urgent duty driving, the Driving Review Panel should be chaired by an Assistant
Commissioner.
In its deliberations, the Driving Review Panel should undertake an examination of all the
circumstances of a pursuit and ensure that the conduct and progress of the investigation is
satisfactory. Any remedial action required should be initiated as soon as practicable. Where
appropriate Driving Review Panels should also make recommendations to acknowledge and
have formally recognised good police work and professional practice.
A copy of the findings and recommendations of all Driving Review Panel meetings must be
forwarded within 28 days to:
in the case of a pursuit involving a fatality or life threatening injury, the Deputy
Commissioner, Deputy Chief Executive (Operations); and
in every case, the Assistant Commissioner, Ethical Standards Command.