Roads Policing PDF

Roads Policing RP10 Road Traffic Collision and Collision Investigation Introduction Road design, vehicle design and safety measures have all played a part in reducing the number of collisions on our roads. The increase of vehicular traffic, however has increas...

Roads Policing RP10 Road Traffic Collision and Collision Investigation Introduction Road design, vehicle design and safety measures have all played a part in reducing the number of collisions on our roads. The increase of vehicular traffic, however has increased the risk of collisions occurring. There are occasions when the use of the word accident is inappropriate, and may even cause offence to those involved or the families. It is therefore considered more appropriate to use the terminology ‘collision’. Attending collisions is one of the most common tasks you will be faced with. Collisions are traumatic events and the people you deal with could be in shock, injured or confused. There is an obligation on drivers to report most collisions. The following notes will outline the responsibilities of the drivers when these occur. Definition - Art 175 Road Traffic (NI) Order 1981 If, in any case, owing to the presence on a road or other public place of a mechanically propelled vehicle, an accident occurs, whereby; (a) Injury is caused to any person other than the driver of that vehicle, or (b) Injury is caused to any animal, other than one which is i. in or on that vehicle, or ii. owned by the driver of that vehicle, or (c) Damage is caused to any property, other than; i. that vehicle ii. property in or on that vehicle iii. property owned by the driver of that vehicle iv. property owned by the owner of that vehicle, the driver of that vehicle shall fulfil certain duties. OFFICIAL [SENSITIVE] Page 74 Presence No-one has to be at fault to come within ‘owing to the presence’; the vehicle just has to be on the road or public place. Accident The legislation does not define the term ‘accident’. The dictionary defines an accident as ‘an unfortunate event, occurring casually’, suggesting an event that was not planned or intended. The majority of road traffic collisions that you will deal with will be such unintended accidents. You should however be aware that the courts have decided that an ‘accident’ can be the result of a deliberate act. It is now Service Policy that the term “collision” is more appropriate. A man deliberately released the handbrake on a parked police car, allowing it to run down a hill and collide with a telegraph pole. (West Midlands Police v Billingham 1979) Example: Simpson overtakes another motor vehicle without seeing the oncoming cyclist. The cyclist has to swerve to avoid being hit but in doing so falls off the bike and receives cuts to the legs and arms. There does not however have to be a collision. No collision took place, but it is an accident within Art 175 Injury ‘In relation to a person means personal injury and in relation to a person or animal includes injury resulting in death.’ Art 175 Road Traffic (NI) Order 1981 It has been ruled that injury can include shock but does not include being dazed. If only one vehicle is involved and the driver is injured, the provisions do not apply, but if a passenger in that same vehicle is injured then the provisions do apply. If two vehicles or more are involved and the only injury/damage is to the offending vehicle all parties have a responsibility to report the incident. A person who takes the vehicle out on the road remains the driver until they finish their journey, even though they may have stopped and switched off the engine some minutes before the collision. OFFICIAL [SENSITIVE] Page 75 Animal Means: ‘horse, cattle, ass, pig, dog, mule, hinney, goat, sheep’ Art 175 Road Traffic (NI) Order 1981 The meaning of injury and animal is the same for both Article 175 and Article 176 Damage The damage to another ‘vehicle’ does not restrict the other vehicle to being mechanically propelled. Therefore a collision between a mechanically propelled vehicle and a cycle is included. A collision between two cycles is not included under Article 175 but would be included under Article 176. Property This has not been defined in legislation and should be given a broad meaning when collisions are being investigated. The dictionary definition of property ‘Is a thing or things belonging to someone’. Reportable Collisions: Reportable to Whom This will actually depend on the circumstances surrounding the reportable collision. If it has resulted in damage only then it is reportable to the other party, the driver of the other vehicle or person responsible for the property. If for any reason a driver does not do this they must immediately report the collision to the police. If the collision has directly or indirectly resulted in the injury to any other person, then as well as reporting to the other party involved it must be reported to the police. Example 1 Not a Reportable Collision You are driving your car down the street when, your own cat runs out in front of your car. You swerve, but cannot avoid the collision and you lose control and hit your garden wall. The result of the collision is a dead cat, a smashed car, a demolished garden wall and you have a broken arm. OFFICIAL [SENSITIVE] Page 76 Example 2 Reportable to the Other Party, but not to Police You are driving down High Street in your own car and you suddenly notice that the traffic lights are red. You brake sharply but hit the car in front, causing minor damage. You are uninjured and on speaking to the other driver, establish that the occupants of the car are uninjured. Details are exchanged. Example 3 Reportable to the Other Party and to the Police You are driving down High Street in your own car and you suddenly notice that the traffic lights are red. You brake sharply but hit the car in front, causing minor damage. You are injured and on speaking to the other driver, establish that the occupants of the car are injured. Details are exchanged and police must also be informed. Drivers Duties If the incident results in a reportable collision the driver of the vehicle shall: 1. Stop the vehicle, if it is not already stationary. 2. Keep the vehicle at or near the scene for such a period that is reasonable under the circumstances, in order to give the details set out below. 3. Give to any constable on demand or to any other person who has reasonable grounds to require it: Driver’s name and address. Owner’s name and address. Identification mark or number of the vehicle. If for any reason they do not give the information mentioned, or (whether or not they have) the collision directly or indirectly resulted in injury to any other person, forthwith report the collision and give those particulars and, where the vehicle is a motor vehicle, produce their certificate (of insurance) at a police station or to a member of the police as soon as is reasonably practicable after the occurrence of the collision. Art 175 R.T. (NI) Order 1981. Stop ‘Stop’ means stopping and remaining at the scene for such time as is sufficient to enable OFFICIAL [SENSITIVE] Page 77 anyone who has a right or reasonable grounds to obtain from the driver directly and personally the information which is required under this section. The driver does not have to wait indefinitely and does not have to make enquiries at the scene to discover whether there is anyone nearby entitled to the information. Each case will be a matter of what at that time was reasonable. The offence of failing to stop at the scene of a collision is a serious offence. It is committed whether or not the driver reports the collision to the police later. A driver who has had too much to drink might well not want to stop at the scene to have their excess alcohol discovered. They would rather report the collision some hours later to the police. They cannot do so however and escape conviction for this offence. However, there may be exceptional circumstances when the onus is placed on the defendant to prove that they genuinely did not believe the collision had occurred as alleged. The prosecution must prove that a collision involving the defendant’s vehicle took place and that the collision caused injury or damage. Person The person having reasonable grounds cannot be defined as the scope is so wide. It would obviously include the driver, passengers of other vehicles, owners of damaged property or their representatives. Report At a police station meant that the motorist must report in person at a police station. To a constable meant that the motorist must personally make the report to a constable not via telephone. Wisdom v MacDonald 1982 A collision happened at 0110 hrs. The driver then reported the collision at 1100 hrs the same morning. The police had been out at his home several times during the night. After police called 3 times the defendant subsequently reported the collision to police. It was held that the driver did not report to the police forthwith. Bulman v Lakin 1981. Telephoning a police station or constable is not sufficient. Police attendance and the defendant’s subsequent conveyance to hospital do not negate the obligation imposed under this section once it was proven that the defendant had driven a vehicle that was involved in a collision resulting in injury or damage. OFFICIAL [SENSITIVE] Page 78 Hit & Run RTC Should a driver fail to stop at the scene, fail to remain and fail to report the collision, this is commonly known as a hit & run collision. Normally a serious hit and run RTC will be dealt with as a major RTC. Offence Every person who knowingly contravenes any of the provisions of this article is guilty of an offence. Art 175(2) R.T.(NI) Order 1981 Note that the driver must comply with all three requirements (stop, keep, and give), failure to comply with each or any of them is a separate offence. Duties of a Driver: (NON - MECHANICAL PROPELLED VEHICLE) If in any case, owing to the presence on a road or other public place of a vehicle, not being a mechanically propelled vehicle, or an animal, an accident occurs whereby: (a) injury is caused to any person other than a person driving, riding or in charge of that vehicle or animal, as the case may be; or (b) injury is caused to any animal other than the first-mentioned animal or an animal owned by, or at the time of the occurrence of the accident in the charge of, the person driving, riding or in charge of the vehicle or first-mentioned animal, as the case may be; or (c) damage is caused to any property other than property owned by, or at the time of the occurrence of the accident in the charge of, the person driving, riding or in charge of the vehicle or first-mentioned animal, as the case may be the person driving, riding or in charge of the vehicle or first-mentioned animal shall stop and shall give to any constable on demand and to any other person who on reasonable grounds requires him to do so, his name and address and, where he is not the owner of the vehicle or first- mentioned animal, the name and address of the owner and, if for any reason he does not give those particulars or (whether or not those particulars are given) the accident has directly or indirectly resulted in injury to any other person, forthwith report the accident and give those particulars at a police station or a member of the Royal Ulster Constabulary. (Legislation still refers to RUC however in practice this will be a constable in the PSNI) Article 176 Road Traffic (NI) Order 1981 OFFICIAL [SENSITIVE] Page 79 Examples: Driver’s duties at RTC in regards to Article 175 Road Traffic (NI) Order 1981 Which of the following requires the driver/rider to stop and exchange details with a person reasonably requiring them? I. Peter is driving his Massey Ferguson tractor from one field to another across a country road when he collides with and injures a horse that has escaped from a neighbour’s stable. The tractor is not taxed, as it is not normally used on roads except just to cross from one field to another. II. Shirley is riding her pedal cycle along a road carrying her cat in a wicker basket attached to the handlebars of her cycle. A dog runs out into the road. Shirley swerves to avoid the dog and falls off her pedal cycle. The cat is slightly injured as a result. The dog is also injured and the front wheel of the pedal cycle is twisted out of shape. a. Shirley only. b. Neither Shirley nor Peter. c. Both Shirley and Peter. d. Peter only. The correct answer is D. Explanation: This question is based on the understanding of Article 175 which refers to MPV’s. As the tractor is an MPV, and is on the road at the time of the collision, this is an RTC as per Article 175. As the horse (which is property) is injured, and the horse does not belong to Peter, this is not a reportable RTC, meaning Peter has to exchange details with a person reasonably requiring them (in this case, at least the owner of the horse). The fact that the tractor is not taxed is a separate issue. As the pedal cycle is not an MPV is does not fall within the definition and Shirley would have no obligations to report under Article 175. However if the question referred to under article 176 Road Traffic NI Order 1981 then she would have an obligation to report. OFFICIAL [SENSITIVE] Page 80 Reportable Collisions Which, if any, of the following would not be a reportable traffic collision within the meaning of Article 175 of the Road Traffic (NI) Order 1981? I. Gillian is driving her car along a road with her boyfriend Paul in the passenger seat drinking from a bottle of lager. When he has finished the drink he throws the bottle from the window of the moving vehicle and it breaks the window of a house at the side of the road. II. Ben is driving his car along a road in Littletown. Alison is about to cross the road, but seeing Ben’s car approach round the corner at a fast speed she has to jump backwards onto the pavement. As a result she falls over and injures her leg. a. Neither is reportable. b. Only in the case where ‘Gillian’ is driving. c. Only in the case where Ben is driving. d. Both are reportable The correct answer is B. Explanation: As Alison is injured owing to the presence of the vehicle on the road this is reportable. No contact between the pedestrian has to occur. The scenario involving Gillian is not reportable as the window was broken, not due to the car but due to a passenger throwing an object which is criminal damage. Drivers Duties at RTC Blake was driving his car and trailer on a hill when he stopped at a shop at the brow of the hill. Having correctly parked, setting the handbrake and putting the gearbox in gear to prevent it moving he enters the shop. However, whilst in the shop the coupling fixing the trailer to the car breaks, allowing the trailer to roll down the hill. At the bottom of the hill the trailer collides with a car parked on the road causing damage to it. Does Blake have an obligation to exchange details with the driver of the parked vehicle in these circumstances? a. No, as the trailer is not a mechanically propelled vehicle. b. No, as he was not driving the vehicle at the time of the collision. OFFICIAL [SENSITIVE] Page 81  c. No, as he was not to blame for the collision. d. He has an obligation to stop and exchange details with the vehicle owner The correct answer is D. Even though Blake, the driver, is not to blame for this collision he still has a duty under Article 175 of the Road Traffic (NI) Order 1981. Collision Investigation Introduction It is important that Police realise that for many people a road traffic collision is a traumatic experience, especially when death or injury occurs. It could be the only encounter they will ever have with police. Police officers must therefore ensure that the public is provided with a professional service, together with a responsible and positive approach to the investigation and recording of road traffic collisions, remembering always to respond within the terms of the Code of Ethics. Case Law Cawthorn v DPP 2000. A driver left his vehicle for a few minutes in order to post a letter. He set the handbrake and switched on the hazard lights, but after interference from the passenger, the vehicle rolled down the hill and collided with a brick wall. Held that he (Cawthorn) remained the driver until the journey was complete or somebody else started to drive. Police Role The role of the Police at road traffic collisions is to: Protect life, ensure injured persons receive urgent medical treatment, taking cognizance of the safety of oneself and others present at the scene. Preserve evidence, where appropriate, of any suspected offence. Record details and, where necessary, investigate to determine its cause and whether offences have been committed. OFFICIAL [SENSITIVE] Page 82  Arrange recovery of vehicles, where necessary. Arrange for the safekeeping of personal belongings, if required. Fulfil, where applicable, any request to inform relatives/employers/ friends etc. Restore the free-flow of traffic, after ensuring the roadway is safe for other road users. Recording Police officers attending the scene of a road traffic collision should be aware that the purpose of recording/investigating any road traffic collision is: To provide evidence if criminal proceedings are to be taken. For the information of the Coroner in the case of a fatal collision, and, For statistical purposes. Police are not obliged to record or investigate a road traffic collision for any other purpose. No special enquiry will be made to secure information for:  use in civil proceedings;  insurance companies;  other interested parties. It is important that information already in police possession, which may be requested by interested parties for use in civil cases, is collated and presented in an accurate and factual manner. Collision Advice Booklet Persons involved in road traffic collisions will be provided with a collision advice booklet. Whilst at the scene you should provide the persons involved with as much information as possible regarding how the investigation is likely to progress. You will not make any statement regarding the outcome of the investigation as this may compromise any later decision. Parties should be advised that details of the collision have been recorded and the matter will be investigated. Police should not discuss or agree liability OFFICIAL [SENSITIVE] Page 83 for the collision with the injured parties. Categories Road traffic collisions will fall into the following occurrence classifications being adopted for use on Control Works and Niche. 1. RTC no injury - no police file. Involved parties details recorded and control updated. 2. RTC slight Injury - no police file. Injury details recorded on collision report form (CRF 1- 5), no prosecution. 3. RTC killed or serious injury - no police file. Injury details recorded on CRF 1-8, no prosecution. 4. RTC no injury - police file. Prosecution file and CRF1-5. 5. RTC slight injury - police file. Prosecution file and CRF 1-5. 6. RTC killed or serious injury - police file. Prosecution file plus full CRF injury details. Action upon Report of a RTC Where a member of the public reports a collision and claims that injuries have been sustained, then the police should be tasked to attend. Where no injuries are reported, then police officers should establish the following: Is there an allegation being made that any of the drivers have committed an offence e.g. drink driving, no insurance? Are the vehicles blocking the road? Are any of the parties involved deemed to be vulnerable and in need of particular police assistance/reassurance? If the answer to any of these questions is YES, then the police should be tasked to attend. If the answer to all of these questions is NO, then the caller should be reminded of their legal obligation to exchange details with all other involved parties and politely informed that police will not be attending. The Call Handler/Controller should advise the caller that a copy of the PSNI Collision Advice booklet is available on the PSNI website. OFFICIAL [SENSITIVE] Page 84 Attendance at the RTC Upon initial attendance at the scene, the police officer should immediately assess the extent of the investigation required and should consider: Is this a damage only collision? Are there any reported injuries? Is a prosecution being considered? The attending police officer will make a notebook entry and relay the following details to the call handler for entry on the Log: Vehicle(s) make, model, colour and VRM. Date, time and location of collision. Name(s) and DOB of driver involved, and vehicle owner, when not the driver. Witness and passenger details. Details of property damaged, owner of this property, and whether they have been informed. This is of particular relevance when the property damaged includes railway bridges and Armco barriers. Damage Only no Police File No requirement for a CRF to be completed, however details must be recorded as follows: Where a call taker receives a report of a damage only (no injury) RTC and there is no police attendance, the call taker must record the date, time and location of the collision, vehicle(s) make, model, registration mark, driver and owner name, DOB and address details and ensure they are entered onto the police system; An attending police officer must make a relevant short notebook entry including the date, time and location of collision, vehicle(s) make, model, registration mark, driver and owner name, DOB and address details plus a short resume of the circumstances; The attending police officer must also report the vehicle(s) make, model, registration mark, driver and owner name, DOB and address details to their operator (eg. communications room, Belfast Regional Control (BRC), call handlers) who must enter this information contemporaneously onto the system. OFFICIAL [SENSITIVE] Page 85 Preliminary Breath Testing (PBT) – All RTCs Where police attend the scene of an RTC, all drivers/riders involved in a road traffic collision should be given a preliminary breath test in accordance with Article 17 of the Road Traffic (NI) Order 1995. Discretion will only be exercised where the provision of a preliminary breath test, in accordance with Article 17 would be considered prejudicial to the health of the subject, i.e.: the injuries sustained by a driver / rider who is present at the collision are of such a nature and extent that a preliminary breath test should not be requested or cannot be provided. Police officers should be guided by medical staff at the scene. In circumstances where a driver/ rider is being, or has been removed to hospital prior to or upon arrival of police at the collision scene, officers must consider implementing the hospital procedure as outlined in Form DD/C ‘Drink/Drugs – hospital procedure’. Officers should make a notebook entry of any response to the requirement being made for a preliminary breath test. Non-reportable Collisions Frequently members of the public choose to report collisions that would be defined within legal terms to be non-reportable as per Article 175 of The Road Traffic (NI) Order 1981, i.e. where no injury has been caused to anyone other than that driver, nor damage to property other than that belonging to the driver. Officers and staff should be aware that whilst this Article absolves the driver from any legal obligation to report in these circumstances, if they do elect to report the matter to police we should apply the same test as if it were any other report of a RTC. If injuries are disclosed to police, then police are duty-bound to record the injuries sustained, by completing a CRF as a minimum course of action. There may also be offences disclosed and the police should not automatically dismiss this incident as being Non-Reportable and therefore failing to meet the requirement for police attendance and/or investigation. OFFICIAL [SENSITIVE] Page 86 Late Reported Collisions Where a member of the public contacts the police to report either an injury collision or reportable collision having occurred within the last 30 days, the person receiving the call should advise: All late reports of RTCs must be made in person at a PSNI station. An entry should be made pending the formal report in person. Where the person is incapacitated or otherwise unable to attend the station, sufficient details should be taken to permit the police to initiate the necessary enquiries at the earliest opportunity and a serial commenced. Late reported collisions should be investigated as per the instructions given for each particular category of RTC. In most cases vehicles will have been removed and there is no benefit in preparing a police sketch. The location details should be completed on the CRF2 and if required a map of the location may be attached. Where a non-fatal collision is reported to the police more than 30 days after it occurred, police officers will NOT be required to conduct an investigation or to record details of any injuries sustained. In the unlikely scenario that a fatal RTC is reported outside 30 days, then the police will still need to conduct a comprehensive investigation on behalf of the coroner. Priorities The order in which you do things will always depend on the circumstances of the situation. No two collisions are the same. An obstruction could be potentially dangerous on a busy road and the injury relatively minor. There will be occasions when you will have to deviate from these guidelines but remember to: 1. protect life; 2. protect property; 3. find out what happened. During the early stages at the scene you will be gathering information. You will be talking to people and making your own observations. OFFICIAL [SENSITIVE] Page 87 After you have dealt with the essentials you will be able to clear up any doubts about what has happened and deal with the possible offences. Casualties You need to be thorough in finding out who is involved, and who is injured. You must not accept the obvious, or necessarily what you are told. Use your own observations and always ask questions. People who are injured and in shock do not always behave rationally. Give first aid and find out if those injured wish or need to go to hospital. If you think they need to go, but they are reluctant, try to persuade them to go for reassurance. Ambulances should always attend collisions to deal with the injured. Obstruction As soon as you arrive at a collision you need to consider the obstruction. If there is an immediate or potential danger, then you need to act. Perhaps you will need to get bystanders to warn approaching traffic while you deal with an injured person. Sometimes the bystander will be better qualified than you to deal with the injured and the roles will be reversed. OFFICIAL [SENSITIVE] Page 88 Decide whether there is Danger requiring Immediate Action? Is there an obstruction to traffic and is it serious enough to warrant immediate action or can it wait? The position of vehicles after a collision is important in establishing what happened and which tyre marks or other marks were made by which vehicle. You therefore need to ask if the vehicles have been moved. If a vehicle has been moved, its current position is of no evidential value. If the vehicles have not been moved, you should not permit them to be moved except to save life or there is a risk of further injury. You need to measure the position of the vehicles in relation to fixed objects, such as signs, trees, inspection covers, and in relation to each other. If you need to move the vehicles quickly, then mark their positions on the road (ideally with wax crayon) making sure of their position and the direction it was facing. Consider using police issue mobile device or BWV to take photographs. Witnesses Having protected life and property, your next task is to find out what happened and to determine whether any offences have been committed. Your best witnesses will be independent, i.e. those not directly involved in the collision. Their evidence is valued highly by the courts. Do not lose witnesses from the scene. They will usually remain at the scene until you arrive and will want to tell you what happened. You need their names, addresses and telephone numbers together with a short account of what happened. Arrange for them to make statements, at a later stage if necessary. Property Property left at the scene of a collision, including vehicles, is the responsibility of the police officer dealing with the collision, therefore that officer must ensure the safe custody of such property. Information from Drivers Consider how traumatic it can be for someone to be involved in a collision and be sensitive to this throughout. Try to avoid obtaining information from one driver in the presence of another, to avoid an argument developing. OFFICIAL [SENSITIVE] Page 89 Obtain the following information: Which vehicle the person was driving. Direction of travel. Speed at which travelling. The position on the road prior to and at point of collision. What avoiding action was taken, if any Location of point of impact. Where the vehicle came to rest. Were the vehicles moved? Have an open mind and avoid forming your own opinion of what happened until you have obtained the information from all parties involved. This is not an exhaustive list but be careful not to conduct an interview. Collision Prevention Road collisions involve suffering and a huge financial loss which is far in excess of anything associated with crime. Much work has gone into making roads and vehicles safer than they have ever been, but improving vehicle performance and increased traffic have meant that collisions involving death and injury are happening at an alarming rate. As a police officer, you can make a contribution to reducing the numbers of collisions by: Reporting any defective road signs or markings which could cause confusion and danger to motorists. Defects are normally reported to PSNI traffic management officers or the DfI Roads. Targeting high risk areas accurately. The presence of a police officer is known to reduce collisions. Enforcing the law where appropriate, such as checking for vehicle defects, or enforcing speed limits Educating the public and advising drivers about their bad driving habits. Setting an example in the way the police vehicle is driven. OFFICIAL [SENSITIVE] Page 90