Speed Enforcement Policy

Transcription

Speed Enforcement Policy
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LINCOLNSHIRE POLICE
Policy Document
Code of Ethics
All staff involved in carrying out functions under any force policy and associated
procedures and appendices will do so in accordance with the principles of the Code
of Ethics. The aim of the Code of Ethics is to support each member of the policing
profession to deliver the highest professional standards in their service to the public.
1. POLICY IDENTIFICATION PAGE
POLICY TITLE:
SPEED ENFORCEMENT
POLICY REFERENCE NO:
PD5 (6)
POLICY OWNERSHIP:
ACPO Commissioning Officer:
DEPUTY CHIEF CONSTABLE
Portfolio / Business-area Owner:
STRATEGIC ROADS POLICING
Department Responsible:
EMOpSS
Senior Owner:
SUPERINTENDENT EMOpSS
Links or overlaps with other policies/strategies:
Health and Safety PD 27,
Fast Roads and Strategic Road Network Policy PD 173,
The Police and Crime Plan 2013 - 2017
POLICY EFFECTIVE DATE:
MAY 2015
POLICY REVIEW DATE:
May 2016
VERSION:
DATE:
2
Aug-11
3
4
REASON FOR ISSUE:
Policy reviewed.
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Aug-12
Annual review. No changes made
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4
April-13
Periodic review. No changes made
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3
5
April-14
Periodic review. No changes made
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5
4
3
May-15
Annual Review
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2.
5
Legislative
Compliance
This document has been drafted to comply with the principles of the Human
Rights Act.
Public disclosure is approved unless otherwise indicated or justified.
Adherence to this policy will ensure compliance with all relevant legislation
and internal policies.
3.
POLICY STATEMENTS/INTENTIONS
3.1
The principles and scope of the policy
This policy guidance applies to all uniformed police officers and police staff who are
trained and authorised to use speed detection equipment.
The object of this speed enforcement policy is to provide a clear and coordinated
strategy encompassing all methods of speed enforcement in order to reduce collisions,
and to increase road safety.
3.2
The aim of the policy
To reduce the number of people killed and injured on Lincolnshire’s roads.
To reduce the number of collisions directly related to excess and inappropriate speed.
To reduce speed related offences and thereby anti social behaviour.
To provide educational opportunities to errant drivers as an alternative to prosecution.
To improve the road environment.
4.
INTRODUCTION/LEGAL BASIS
4.1
The origins/background information
Speed enforcement operations provide a significant contribution to Super Key
Performance Indicators seven (reducing killed and seriously injured) and eight
(reducing anti-social behaviour) in the Police and Crime Plan 2013-2017.
Lincolnshire Police use a combination of speed enforcement activity and education
to reduce the number of people killed and injured on Lincolnshire’s roads and to
provide support and reassurance to local residents that have clearly evidenced
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problems with motorists exceeding the speed limit in their communities.
This policy aims to ensure that speed enforcement is undertaken in a consistent and
effective manner.
4.2
Motivators/Driving Forces
Lincolnshire Police aim to provide a positive interaction with motorists with the aim of
reducing recidivism and altering established behaviour.
This policy has been developed to allow the Force’s enforcement activity to focus on
providing educational opportunities to errant drivers as an alternative to prosecution.
This will occur through delivery of National Speed Awareness Workshops. The focus
on providing education is occurring because;
 Education has been shown to be more effective than financial penalty in
changing driver behaviour;
 Education initiatives have been well received by the public and their greater
use will enhance confidence in the police and the safety camera system.
4.3
General Principles of the Policy
The policy is intended to set out clear guidance for staff involved in speed
enforcement activity. It explains the process through which Lincolnshire Police staff
engages in the detection of offences of excess speed and a description of the speed
detection devices which may be used.
This policy and related appendices will cover all aspects of speed enforcement
activity undertaken by the Force.
Principles of Speed Enforcement:
As outlined by ACPO the enforcement of traffic law by Lincolnshire Police is guided
by the principles of proportionality in applying the law and securing compliance;
targeting of enforcement action; consistency of approach; and transparency about
what enforcement action is undertaken, and why.
Proportionality:
Proportionality means relating enforcement action to the risks. Those whom the law
protects and those on whom it places duties expect that action taken by the police to
achieve compliance (in this case speed limits) should be proportionate to the risks to
individuals and property and to the seriousness of any breach.
Targeting:
Targeting means making sure that enforcement action is directed primarily at those
whose behaviour poses the greatest risk (particularly to others), often at identifiable
locations or circumstances. Targeting needs to take full advantage of a wide range of
information sources, including academic research, to develop a greater level of
understanding of what the problems are and how to resolve them, so that
enforcement action can be properly focused and prioritised.
Effective targeting will therefore ensure that road risks are objectively identified and
prioritised for appropriate action; that suitable resources are deployed; and that
pertinent monitoring and evaluation takes place so that costs and benefits can be
properly assessed and future decision making enhanced.
Consistency
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Consistency of approach does not mean uniformity. It does mean taking a similar
approach in similar circumstances to achieve similar ends. Police officers are faced
with many variables; the decision on enforcement action is a matter of judgement
and the police officer may use discretion.
Road users do expect consistency from the police nationwide, and this feature has
been identified as a benefit linked to the operation of safety cameras. Inconsistencies
in enforcement practices undermine public confidence and contributes to
resentment.
The table below sets out the speed thresholds that will be used by the police service
to ensure that proportionate and consistent enforcement action is taken. These
thresholds are intended to strongly guide the use of police discretion - but this should
not be seen as an indication that action will necessarily be taken against all offenders
breaking this threshold.
The overall level of resources into securing compliance must remain a matter of
policy to be determined locally - but given similar circumstances an offender can
legitimately expect to receive similar treatment countrywide.
Speed Enforcement Thresholds:
MPH
Caution
As
Appropriate
Speed
Awareness
Workshop
Referrals
Fixed Penalty
Ticket
(Conditional
Offer)
Report for
Summons
30
31-34 inc.
35 – 42 inc
43 – 49 inc.
50 and
above
40
41-45 inc.
46 – 53 inc
54 –65inc.
66 and
above
50
51-56 inc.
57 – 64 inc
65 – 75 inc.
76 and
above
60
61-67 inc.
68 – 75 inc
76 – 85 inc.
86 and
above
70
71-78 inc.
79 – 86 inc
87 – 95 inc.
96 and
above
Transparency:
Police enforcement policy, and the principles upon which it is based, must be open
and transparent if public confidence is to be maintained and compliance with the law
secured. Transparency means helping drivers to understand what is expected of
them and why; it also means ensuring clarity about what the public can expect from
the police. Raising the public's understanding of the full implications of their action
(specifically including the human and financial costs) will assist in changing
behaviour and ultimately attitudes.
4.4
Legal Basis
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The legal basis in which the policy is to operate can be found in: Road Traffic Offenders Act 1988
 Road Traffic act 1991
 Part III of The Police Act 1997
 Human Rights Act 1998
 Data Protection Act 1984 and 1998
 Criminal Procedures and Investigations Act 1996
 Criminal Appeals Act 1995
 Health and Safety at Work Act etc 1984
 Freedom of Information Act 2000
 Codes of Practice regarding Management of Police Information 2005
 Regulation of Investigatory Powers Act 2000
4.5
Human Rights Considerations/Articles Engaged
This Policy and Procedural Guidance has been drafted in accordance with the
principles of Human Rights Legislation.
Consideration has been given to the compatibility of this policy and related
procedures with the Human Rights Act 1998 with particular reference to the legal
basis of its precept, the legitimacy of its aims; the justification and proportionality of
the application of this policy has the potential to engage the following articles of the
Human Rights Act 1998:• Article 2 The right to life
• Article 6 The right to a fair trial in criminal and civil proceedings
• Article 7 No punishment without lawful authority
• Article 8 The right to privacy, family life, home and correspondence
• Article 14 Prohibition of Discrimination No punishment without lawful authority
5.
APPENDICES
Appendix A: Speed Enforcement Implementation Guidelines
6.
IMPLICATIONS OF THE POLICY
It is recognised that the guidance contained under this heading may not be
directly applicable to all policies. Where it is relevant however, the following
areas should be considered:
6.1
Financial Implications/Best Value
Officer training and equipment purchase/maintenance practices referred to in this
policy will have a financial implication to the Force.
All officer training and equipment purchase/maintenance practices relating to the
Safety Camera Partnership are contained in the Safety Camera Business Case.
6.2
Human Resources/Training
This policy complies with the Force’s HR Human Resources Policy - PD 115.
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Safety Camera HR/Training considerations are outlines within the Safety Camera
Business Case.
6.3
Strategic/Business Plan
This Policy is compliant with other Force Plans.
6.4
Risk Management
6.5
Health and Safety
The Force’s existing Health and Safety Policy - PD 27 (3) covers the practices
referred to within this policy and conforms to the Health & Safety at Work Act 1974.
6.6
Diversity
In application of this policy, Lincolnshire Police will not discriminate against people
on the grounds of sex, race, colour, gender, age, language, religion, disability,
political or other opinion, nationality or social origin, association with a national
minority, property, birth, or other status as defined under Article 14, European
Convention Human Rights (ECHR).
See Initial Impact Assessment form. There is no direct impact on diversity issues with
regards to this policy.
6.7
Children and Young People
No Impact.
6.8
Crime and Disorder Act
The impact of this Policy upon Crime and Disorder has been considered in
accordance with the Crime and Disorder Act 1998. Adherence to this Policy will help
reduce crime and disorder. There are no features of this Policy, which are thought
likely to increase crime and disorder.
6.9
Internal Policy/Strategy Links
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6.10
Consultation
Head of Operations
Head of Casualty Reduction
Lincolnshire Road Safety Partnership
CTO Manager
6.11
Publication
This policy is suitable for general disclosure to the public under the principles of the
Freedom of Information Act.
7.
PROMOTION/DISTRIBUTION
Policy document to be available to all appropriate personnel.
Policy to be placed on Force Intranet.
8.
MONITORING/REVIEW
The Superintendent EMOpSS will monitor the effectiveness of this Policy.
This policy will be reviewed on an annual basis. The review will consider all aspects
of the Speed Enforcement policy and associated procedures.
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APPENDIX A: IMPLEMENTATION GUIDANCE
Introduction:
Inappropriate and excess speed is a significant factor in road collisions. It can result in
death, serious injury and damage and is also seen as a serious “quality of life” issue by the
public. The effective, intelligence led use of speed enforcement can assist in addressing
these problems.
The purpose of this policy is to set the framework for delivering safer roads in Lincolnshire
through effective enforcement, aimed at reducing collisions. Concentrating activity on roads
where speed is an acknowledged contributory factor in crash causation, can impact on
casualty reduction and make best use of a limited resource.
This policy consolidates and updates all former Force policies in relation to speeding and
speed enforcement. It identifies the technology available within the Force; procedures to be
adopted; training and authorisation in the use of that technology and the targeting of
enforcement activity.
Prior to any speed checks being conducted the officer conducting the check must ensure
that the relevant location is subject of a speed restriction. For example a national limit
applies, system of street-lights or Traffic Regulation Order.
Where the restriction is by way of Traffic Regulation Order a copy of the order must be
submitted with any court files.
Enforcement Site Selection:
Whilst officers will continue to apply discretion as to where they consider enforcement
activity to be necessary, wherever possible speed enforcement should be targeted at
locations where either excessive/inappropriate speed is a contributory factor in road
collisions or/and has been identified as a source of anti social behaviour. Analysis of traffic
data, collisions statistics and complaints/requests/concerns from the public will be the
primary sources of information when deciding where speed enforcement will be directed,
and what form it should take.
Community Concern: Locations where parish councils and residents have expressed
concern about the number of vehicles exceeding the speed limit.
Lincolnshire Road Safety Partnership (LRSP) data analysis: The LRSP is responsible
for analysing speed and collision data on behalf of Lincolnshire police in order to identify
locations where enforcement is required. These sites will be filtered through to officers using
the Force’s tasking process. Furthermore, the LRSP will identify suitable locations for the
introduction of fixed and mobile safety cameras. The following analysis will occur:
 Sites will be identified by the use of collision data analysis, using a minimum of three
years data.
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


Archer or radar technology systems are deployed to collate speed data for a minimum
of five continuous days.
Vehicle flow, average and 85th% speeds and number of vehicles travelling 10mph
above the limit is reviewed.
Specific risks such as the proximity to schools are considered.
Force Operations: Lincolnshire Police will undertake operations to target specific road
safety issues including the Fatal Four and 2WMV’s. As part of these operations enforcement
sites and routes will be identified.
After any period of enforcement, traffic data and crash statistics should again be analysed to
ensure that a proper evaluation of its effects can be made. This will enhance future decisionmaking and assess the benefit of the action taken. Use of media should also be considered
to maximise the impact of any campaign.
Operations:
Training & Authorisation:
Speed detection devices will only be used by staff who have received the appropriate
training and authorisation. All training should be documented and a robust audit trail
maintained to assist in the rebuttal of any challenge to the competency of operators. ACPO
recommendations are that the duration of training should be sufficient to enable an operator
to qualify for the award of Certificate of Competence The instruction of trainers must also be
sufficient to ensure their competency maintains standards.
Speed Reduction Officers within the LRSP will be trained and authorised directly by
equipment manufacturers before using fixed and mobile speed cameras.
Lincolnshire Police has staff authorised as trainers for the enforcement cameras they use.
They can authorise other staff to operate that equipment. Those officers should be
experienced in the use of the equipment, have knowledge of the training objectives laid out
in the ACPO speed enforcement manual and an appreciation of the health and safety issues
surrounding the use of speed detection devices and the stopping of vehicles.
Speed detection devices offer corroborative evidence of the operator’s opinion as to a
vehicles speed. That opinion can be challenged at subsequent Court hearings. Only
officers who can demonstrate a credible opinion as to a vehicles speed will be trained
and authorised to use such devices.
Safety Camera Partnership Operations:
Lincolnshire Police, Lincolnshire County Council, The Highways Agency and Her Majesty’s
Courts and Tribunals Service (HMCTS) jointly undertake safety camera operations as part of
the wider Lincolnshire Road safety Partnership. The primary aim of the scheme is to sustain
casualty reduction at sites where high speeds and collisions have been identified. This has
been further extended to allow operations at sites of public concern in order to reassure
communities and to prevent collisions occurring at locations with a clearly evidenced
problem of excessive speed. The partnership seeks to achieve this through education and
campaign initiatives, backed up by camera enforcement.
Safety cameras, both fixed and mobile, will only be used by officers and police staff working
within the LRSP. This is to ensure corporacy in the deployment and use of this equipment
and compliance with the protocols and agreed policies of the Partnership.
Section 20, Road Traffic Offenders Act 1988, as amended by the Road Traffic Act 1991
allows for evidence of camera detected offences to be given in the form of a certificate
signed by a constable or by a person authorised by the Chief Officer of police for the police
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area in which the offence is alleged to have been committed. The Chief Constable has given
written authorisation under this Act and Section to all civilian Speed reduction Officers.
Police Officers - including Road Policing Unit, Response Officers and
Neighbourhood Policing Teams:
Portable speed detection equipment: The following devices are currently approved for use
within the force:
Hand Held Radar:

Kustom Falcon FF

Kustom HR4

Road Runner

Speedar SRI
Hand Held Laser:

Pro-Laser

Unipar Ace

Unipar Speedeye SL700
Note: Other devices may be authorised by Forces within EMOpSS.
Prior to commencement of any prearranged speed check a copy the traffic order should be
sought to establish the legality of the speed limit, which will be required to support any
prosecution. The site should also be checked with regard to the correct signage, lighting
being that which is required for the ‘limit’. Any advise required should be sought from the
Casualty Reduction Manager at the LRSP.
Prior to commencing a speed check using any portable detection device, the equipment
must be tested in accordance with the Manufacturers instructions and Association of Chief
Police Officers (ACPO) guidance. Where there is a difference between the two the ACPO
guidance will take precedence. All tests carried out must be recorded by the officer for
evidential purposes.
Officers should consider the implications of the Health and Safety at Work Act when
deploying portable speed detection devices. Checks should only be undertaken at locations
where vehicles can safely be stopped. The safety of the stopping officer and that of the
vehicle occupants must not be compromised.
In car video/speed detection: The following devices are currently approved for use within
the force:

Police Pilot

Vascar in-car video/speed detection

Provida in-car video/speed detection
Note: Other devices may be authorised by Forces within EMOpSS.
Vascar, Police Pilot and Provida are in-car speed detection devices fitted to some vehicles.
Each unit must be calibrated weekly and;


After any wheel or tyre change
After any repair or replacement of the unit or its component parts (including
the vehicles speedometer)
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ACPO guidelines require annual calibration of all speed enforcement equipment. It is the
responsibility of each area to ensure that any required calibration takes place and is properly
recorded. Officers carrying out speed enforcement are required to ensure that any
equipment used is properly calibrated and checked before use.
If a speeding offence is detected using a Vascar/Police Pilot unit, an accuracy check will be
completed before the end of the officers’ tour of duty and recorded in their pocket book.
If a vehicle fitted with Vascar/Police Pilot is also equipped with a video camera, calibration
and accuracy checks will be recorded on tape. Officers must be in a position to be able to
give evidence in court as to how and when calibration and accuracy checks were carried out.
Prosecution Policy:
Police officers are faced with many variables; the decision on enforcement action is a matter
of judgment and the police officer may use discretion. However, road users do expect
consistency from the police nationwide; inconsistencies in enforcement practices undermine
public confidence and contribute to resentment.
Lincolnshire police endorse the speed enforcement guidelines issued by ACPO. The table
below sets out the speed thresholds that will be used by the police service to ensure that
proportionate and consistent enforcement action is taken. These thresholds are intended to
strongly guide the use of police discretion - but this should not be seen as an indication that
action will necessarily be taken against all offenders breaking this threshold.
To ensure that the integrity of the speed enforcement policy is maintained, supervisors and
practitioners must be in a position to demonstrate that their enforcement programme
supports the aims and philosophy of force policy.
Speed Enforcement Thresholds:
MPH
Caution
As
Appropriate
Speed
Awareness
Workshop
Referrals
Fixed Penalty
Ticket
(Conditional
Offer)
Report for
Summons
30
31-34 inc.
35 – 42 inc
43 – 49 inc.
50 and
above
40
41-45 inc.
46 – 53 inc
54 –65inc.
66 and
above
50
51-56 inc.
57 – 64 inc
65 – 75 inc.
76 and
above
60
61-67 inc.
68 – 75 inc
76 – 85 inc.
86 and
above
70
71-78 inc.
79 – 86 inc
87 – 95 inc.
96 and
above
Class of Vehicles:
Certain classes of vehicle are subject not only to any speed restriction placed on a road but
also to a maximum speed restriction placed on the vehicle itself. Where such a vehicle is
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found to be offending against both restrictions at the same time, proceedings should
normally be taken only in respect of the breach of the lower of the two restrictions. Where
both restrictions are the same, proceedings should be taken for exceeding the speed limit
applicable to the road and not the class of vehicle
20MPH Limits and Zones:
Lincolnshire Police adheres to the 'Association of Chief Police Officers (ACPO) Speed
Enforcement Policy Guidelines 2011-2015: Joining Forces for Safer Roads' guidance in
relation to the enforcement of 20mph limits and zones. The document states:
'The police service supports all appropriate speed limits where:



There is a proven need;
The limit is clear, looking and feeling like the limit; and
Motorists have the ability to comply.
In appropriate residential areas, where the road infrastructure is for residential use only (not
thoroughfares, feeder or through routes) where the interventions, signing, road paint or
engineering, make it clear for any non-local visiting motorist that the speed limit is 20mph,
routine enforcement will be carried out in exactly the same way it is for all other suitable
limits/roads. This should however be part of a community commitment to the limit involving
residents, local authorities and of course the police. This improves the living environment
without high levels of non-compliance or excessive enforcement.
If a 20mph speed restriction is placed on a road or in a zone without suitable intervention
such as engineering/clear signing etc., so it isn’t clear to all drivers that there is a 20mph limit
and there isn’t going to be any effective achievement of high levels of compliance without
enforcement; then there should not be routine enforcement, only the targeting of specific
issues with persistent or deliberate high speeds, whereby a serious offender would be
prosecuted.
Part of this rationale is that if the speed restriction is necessary due to there being vulnerable
road users present, compliance must be the objective not speeding vehicles and
prosecutions, so engineering not enforcement. If engineering or other suitable intervention,
such as roundels or gated entrances, is provided enabling those that wish to comply to do
so, then the police will more routinely enforce to ensure compliance from those who are
choosing to ignore the obvious limit.'
In order to adhere to the ACPO guidance outlined above, Lincolnshire Police's Traffic
Management Coordinator will work closely with Lincolnshire County Council in relation to
setting local speed limits and subsequent enforcement. All officers within Lincolnshire police
should liaise with the Traffic Management Coordinator prior to undertaking enforcement in a
20mph limit or zone.
Education: Diversionary Courses:
Enforcement activity will focus on providing educational opportunities to drivers as an
alternative to prosecution. This will be done though delivery of the national Speed
Awareness Workshops.
Lincolnshire Police aim to offer an enforcement system focused on the following:
 Sustaining action focused on saving lives through short term intervention and life
long learning;
 Providing a comprehensive service to our residents, road users and their
communities based upon listening to what they want;
 Focus on providing education as an alternative to prosecution;
 Greater flexibility to deal with community concern.
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Education has a key role towards achieving that strategy and therefore Lincolnshire Police
have appointed the Lincolnshire Road Safety Partnership as the service provider to deliver
the nationally approved Speed Awareness Course. The course provides an opportunity for
drivers and riders who have committed offences which involve excess speed arising from
errors of judgement to be offered a remedial educational intervention as an alternative to
possible prosecution.
Drivers/riders will usually be referred following detection by means a safety camera, other
authorised speed detection device or by a police officer in uniform.
Decision Making Process:
The following will be considered before recommending an alleged offender for a place on the
Speed Awareness Course:
The test to be applied is whether a driver has displayed excess speed arising from an error
of judgment. Where there is evidence of recklessness, prosecution will be the normal
outcome.
The following criteria must apply if the driver is to be offered the Speed Awareness Course:
1. There must be a reasonable chance of a successful prosecution should the offender
elect to have the offence heard through the Magistrates’ Court.
2. There must not be any other offences present which MUST be dealt with by prosecution
i.e. dangerous driving.
3. The driver has not previously attended any National Speed Awareness Course within the
proceeding three years.
4. The driver is the holder of a valid, current provisional or full driving license appropriate to
the category of vehicle being driven or, in the case of a motorcyclist, possesses a valid
certificate of completion of Compulsory Basic Training.
5. The driver is prepared to pay the course fee (this condition is a matter between the
Service Provider and the individual. The Police will not enter into negotiations regarding
an individual’s ability to pay nor will the subsequent default of a payment constitute a
failure to complete the course).
The nationally approved Speed Awareness Course is not, and should not be seen as an
easy option. The programme has been evaluated by ACPO and there is overwhelming
evidence that the current programme can be instrumental in positively changing driver
behaviour, particularly towards the use of speed, and is an effective method of reducing
speed related collisions.
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