section 1 – policy intentions€¦ · web viewwhere initial investigations apportion any blame to...

Policy Title

Table of Contents

Section 1 – Policy Intentions ………………………………………………………………………………………......................Section 1 – Policy Wording ………………………………………………………………………………………….....................Section 2 – Procedural Guidance ………………………………………………………………………………………................2Section 3 – Relevant Legislation: (Human Rights/Diversity/Health & Safety/any other specifics )……………............7Section 4 – Related References .......................................................................................................................................Section 5 – Identification, Monitoring and Review ………………………………………………………………….............................................................................................................................................................................................

Section 1 – Policy Intentions

It is the Policy of the Gloucestershire Constabulary to investigate any collision or damage involving vehicles owned by, or under the control of the Constabulary, with the intention of identifying training needs; bringing offenders to justice and in appropriate circumstances seeking compensation.

Section 1 – Policy wording

What is the purpose of this policy?

The Constabulary incurs high costs in respect of damage caused to police vehicles, both from road collisions and acts of a criminal nature.The safety of the public and staff need to be maintained, together with limiting the effect that criminal acts have on the Constabulary.This Policy’s purpose is to address this issue and to act as a guide for investigating officers and managers / supervisors.This Policy sets out the required actions, investigations, suspensions, assessments, recovery and repair procedures to be followed by the relevant officer, Local Policing Area Commander and / or Departmental Head.The systematic audited process created by the policy will assist the Constabulary in reducing incurred costs.

This Policy has links to the Police Driver Motor Vehicle and Driver Policy 2018 (covering the daily check of vehicles, use of log books and recording of damage and faults.)

Section 2 – Procedural guides

Definitions1. Initial Action & Safer Driving Panel 2. Investigation3. Off- Duty Police Officers and Police Staff

Collisions and other damage to Police vehicles Policy

4. Non - Collision Damage 5. Crime Recording6. Collisions outside of the Force Area7. Internal Reporting Process8. Auditing Process9. Withdrawal of Authority to Drive Police Vehicles10. Driving Assessment11. Reinstatement of Authority to Drive12. Recovery and Collision Repairs13. Pedal CyclesAppendix A – Supervisors Responsibilities - Flow chart

Definition of Police VehicleFor the purposes of this policy, ‘Police Vehicles’ include

All police owned vehicles, trailers and caravans.

Vehicles temporarily in the custody or control of the Police & Crime Commissioner for Gloucestershire.

Any other vehicle being driven by a police officer or member of police staff for police purposes, including hired, leased and sponsored vehicles.

Whilst driving/riding their own vehicle for police purposes, except when being driven by someone who is not yet on duty.

Collisions Road Collisions (as defined by The Road Traffic Act 1988) involving police vehicles, including the

use of vehicles that may be defined as a police vehicle for this purpose

Police vehicle collisions involving damage or injury, irrespective of location.

Damage Any damage caused to a police vehicle other than by way of collision, e.g. criminal damage, must

be reported to a manager / supervisor as soon as practicable.

Initial Action

1.1 The driver involved in the collision must, as soon as possible, report the circumstances to the Constabulary Control Room. An incident must then be created on STORM. Statutory legal requirements following a road collision must be complied with.

1.2 Safer Driving Panel Background and Terms of Reference The Background

The Safer Driving Panel has been established in April 2020. This has been carefully created and has involved members from key business areas from within the Constabulary who will be involved in the process. Authorised Policing Practice and other Police areas and their nuanced approaches have been taken into consideration in order to create a match-fit Gloucestershire process. This


process can and will be subject to review and change as necessary in order to maintain its intent to have a fair, consistent and robust process that will stand up to internal and external scrutiny if questioned. It will empower individuals within the organisation to make decisions based on colleagues’ driving – these may be to recommend prosecution or no further action. It will hold officers and supervisors to account and work in within the core values of the Code of Ethics.

The Terms of Reference

The Safer Driving Panel’s intent is to provide a fair, consistent, independent, professional and robust review of Police vehicle collisions (PolRTCs).

The Panel will comprise of: Specialist Operations Sergeant, Professional Standards Department, RPU Inspector, Head of Driver Training Unit and Federation.

The Panel will review PolRTCs and make appropriate recommendations as to action to be taken with regard to the investigation (lines of enquiry, prosecution, no further action).

Following these recommendations and any results of enquiries, the Panel will decide as to any internal course of action – i.e. driving support plan, a reduction in the level of driving authorisation, a period of suspension.

It must be noted that some driving matters may be referred to the CPS / may meet charging standard thresholds. These are rare, however the Panel members must be aware that communications as to recommendations / views must be evidence based as these communications will be disclosable under the Criminal Procedure and Investigations Act 1996.

The Members

Specialist Operations Unit Sergeant – will investigate and look into Road Traffic Act matters and make recommendations.

Professional Standards Department Representative – will look into any conduct / performance matters. Where there are obvious breaches of the Road Traffic Act / Policy / CPS advice required, serve papers. Make recommendations.

If the officer has reversed into a pole then PSD will not be interested. If the officer is a standard driver and they get into a pursuit which does not result in death, injury or destruction of property then PSD may look into it as a conduct matter. An officer’s report form the supervisor who dealt would be made available to PSD. PSD DCI will then make their assessment.If the officer is involved in a collision that a member of the public receives injuries then PSD must be informed. PSD will refer all Pol-RTCs to IOPC where the member of public has sustained a ‘serious’ (think ABH) injury. These may cause IOPC to come to the scene. Being realistic this will only happen if there has been a life threatening or fatal collision following police contact.

Driver Training Unit Head – will look into previous driving history to inform any internal learning and development / support plan. Where there are serious RTCs / obvious breaches of the Road Traffic Act / CPS advice required, provide professional opinion.

Federation Representative – will ensure process is fair and transparent.


Roads Policing Inspector – will oversee and co-ordinate panel and ensure ‘fit for purpose’.

Specialist Operations Chief Inspector – will act as a reviewing officer of the process and be the SPoC for any appeal to go to and make the final decision on the internal driving matter. (PSD will have their Policies to follow).

Investigation

2.1 This policy will apply to all officers and staff irrespective of role, rank or operational commitment, whilst driving/riding police vehicles.

2.2 Constabulary policies relating to the investigation of Road Collisions, including the requirement for roadside breath-test, eyesight test and drugs wipe, will be adhered to during any investigation to which this policy applies.

2.3 The Force Incident Manager (FIM), Control Room FCR will inform the Specialist Operations Roads Policing Unit (RPU) Sergeant (or Specialist Operations Sergeant / APS in their absence). The Spec Ops Sergeant will assess incident as to necessity for RPU / them to attend (gravity factors to consider will be injuries, damage, number and type of vehicles involved, damage caused, blameworthiness on any party involved, reputational risk to Constabulary). On the advice and assessment of the Sergeant, the FIM will ensure an officer is appointed to investigate the circumstances of the collision. In certain circumstances, it will be appropriate for the ‘local’ Sergeant to attend collision scenes and act on the advice of the RPU Sergeant. If there are no apparent gravity factors there is no requirement for the investigating officer to be of a higher rank than the person being investigated – the Spec Ops Sergeant will make this decision.

The supervising investigating officer appointed must be at least Sergeant rank. If the collision involves death, serious injury or is of a life threatening nature, the FIM will contact the Duty Superintendent and ensure a Senior Investigating officer (SIO) is appointed in compliance with the College of Policing Authorised Professional Practice (APP). The SIO will assume all responsibilities in relation to the College of Policing APP and all responsibility in relation to this policy as the supervising officer. A referral to the IOPC for their direction at the earliest opportunity will be made through the Professional Standards Department (PSD). The FIM is to consider a Post-Incident Procedure call-out.

2.4 In the case of collisions involving Police Officers and/or Police Staff whilst driving a police vehicle, the investigating officer will consider the need for specialist advice from Road Policing Officers, Collision Investigators and Vehicle Examiners. It is possible the IOPC may request an independent collision investigator be appointed. In this case contact will be made with adjoining Police forces to provide this resource.

2.5 If a police vehicle requires examination, arrangements shall be made by way of Outlook Template email “Request for HGV or Police Authority vehicle Examination” to the Vehicle Liaison inbox.

2.6 Where offences against any legislation are disclosed or appear to have been committed by any party involved, an evidential file will be submitted by the investigating officer.

2.7 A collision report MG (T1) will only be required to be completed for collisions that involve injury and fall within the definition of a reportable collision under the Road Traffic Act. Regarding collisions that fall outside of the requirement for a T1, the investigating officer must ensure that all relevant information is recorded to enable an investigation to be conducted. An entry must


also be made in the vehicles logbook indicating a brief description and location of damage and signed by the supervisor investigating.

2.8 The supervising investigating officer’s initial report will be submitted on Form R20 / email within that tour of duty to the Safer Driving Panel regardless of the nature of the collision. This report will include the initial findings of the investigation and any associated recommendations for action.

2.9 The Outlook template message ‘RTC Damage – Police Vehicle POLRTC’ will be sent to Fleet Management and the Driver Training Unit, notifying the occurrence of the collision. This is separate from damage resulting from pursuits

2.10 When the driver is suspended from driving, other than for welfare reasons, the Outlook template message will also be sent to the Professional Standards Department.

Off duty police officers and police staff

3.1 An off duty police officer or member of police staff involved in a road traffic collision will be dealt with in the same manner as a member of the public.

3.2 If it is considered that proceedings should be taken against any party, the advice of the CPS may be sought.

NB. An officer or member of police staff travelling in his/her own vehicle to a place of duty to commence work or from a place of duty at conclusion of work is to be considered off duty.

Non-Collision Damage

4.1 Any damage caused to a police vehicle that is not the result of a collision will require a STORM incident to be created and will be investigated. Any incidents involving damage to a police vehicle, including criminal damage, theft or where soiling has been caused internally/externally will, in addition, be reported to Fleet Management by way of an Outlook template message ‘Criminal Damage to Police Vehicle or Police vehicle damage – no third party’

Crime recording

5.1 Crimes committed against Police Vehicles, e.g. Criminal Damage and Theft must be recorded in accordance with the Constabulary Crime Reporting Procedures. National Crime Reporting Standards (NCRS) will be adhered to.

Collisions out of the Force area

6.1 It is the responsibility of a police officer or member of police staff involved in a collision in another police area whilst driving a vehicle to which this policy applies:-

To ensure that legal requirements are complied with and that the incident is reported to the local force.

The local force is to be advised that the driver is a serving police officer or member of police staff and to obtain an incident number.


The driver, if able, will notify the Gloucestershire Duty Control Room Supervisor as soon as practicable. The Control Room Supervisor will ensure that a police supervisor from the member’s department or Local Policing Area conducts an early review of the incident.

6.2 If the collision involves a member of police staff, for which a police supervisor cannot be readily identified, then the incident shall be passed to the Roads Policing Sergeant (or Specialist Operations Sergeant / APS) for review in consultation with the member of police staff line manager.

6.3 In reviewing the incident, the welfare needs of the individual must be considered.

Internal reporting process

7.1 In all cases of collision and damage involving a police vehicle the supervising officer for the investigation will ensure that all relevant Outlook template messages are completed during that tour of duty.

7.2 Irrespective of whether the employee has been injured or not the supervising officer must create an ICASS report for statistical reporting purposes (near miss).

Auditing process

8.1 Driver Training Unit will maintain personnel (Workforce) records for individual officers and support staff members vehicle collision histories and will liaise with the Safer Driving Panel when a ‘collision history’ gives cause for concern for a risk assessment to be conducted.

8.2 Driver Training Unit is responsible for auditing relevant Outlook Global Messages and will bring any perceived training needs or significant breach of policy to the attention of the Safer Driving Panel, which will inform the appropriate Local Policing Area Commander or Departmental Head for appropriate action.

Withdrawal of authority to drive police vehicles

9.1 The driver of a police vehicle involved in a road collision should, when appropriate, be allocated non-driving duties for the remainder of his or her tour of duty. This action is strictly in the interest of the officer’s welfare.

9.2 Where initial investigations apportion any blame to the driver of the police vehicle, the officer / member of staff must have his or her authority to drive withdrawn, pending the outcome of the investigation and review of the facts by the Safer Driving Panel. The authority to drive police vehicles will also be withdrawn if it is deemed to be in the interests of the officer’s welfare. Withdrawal of the authority to drive police vehicles affords the Constabulary the opportunity to make an objective assessment of the individual’s driver training and welfare needs and the level of his or her authorisation to drive, thereby protecting the interests of both the individual and the Constabulary. It should not be seen as a punitive measure nor is it the apportionment or establishment of blame. Withdrawal of authority to drive police vehicles affords an individual a period of reflection following what may be a stressful incident and provides the organisation time


to make an informed decision. All withdrawals and reinstatements to drive police vehicles must be reported to Driver Training Unit (DTU). DTU will administer TRAKA access.

9.3 The investigating officer will refer the matter to the Duty Inspector within the Local Policing Area where the collision occurred, for confirmation of the decision to withdraw the authority to drive. It is imperative that the decision is an informed one and is made in consultation with the investigating officer.

9.4 In all cases the standard ‘POLRTC’ Outlook Global Message will be completed by the Supervisory Investigating Officer.

9.5 Withdrawal of the authority to drive will be recorded on the Outlook Global Message by the Investigating Officer and sent to the Driver Training Unit and the relevant Local Policing Area Commander/Departmental Head, who will consult with Driver Training Unit and others as necessary, when considering the matter of reinstatement (Safer Driving Panel).

Driving Assessment

10.1 Where the Safer Driving Panel considers, after the required consultation with Driver Training Unit, it necessary for an officer’s driving ability to be re-evaluated, the Driver Training Unit shall carry out the assessment.

Re-instatement of authority to drive

11.1 Whilst every effort should be made to expedite the process of reviewing an officer’s authority to drive, the decision must be made on the basis of factual information regarding the circumstances of the collision and the officer’s involvement. Factors that should be taken into account in deciding to re-instate an officer’s authority to drive police vehicle include:-

Potential outcome of Court proceedings instigated against the driver. In particular where the Court may consider imposing disqualification.

Health & Safety issues, e.g. outstanding driver training requirements.

Previous driving History and Collision record.

Attitude to Driving and Road Safety.

Attitude to Collision.

Outcome of DTU assessment.

Welfare of the officer and any other relevant issues, e.g. media profile of the incident and public perception.

Possible disciplinary proceedings, irrespective of Court proceedings.

11.2 In some cases it may be appropriate to review driver authorisation levels as a precursor to re-instatement of authority to drive.

11.3 It is the responsibility of the Safer Driving Panel to notify the officer concerned and the Driver Training Unit when the suspension has been lifted in order that personnel (Workforce) records can be updated.


Recovery and collision repairs

12.1 Damaged police vehicles must be recovered, either by Police Workshops or by invoking the Constabulary negotiated recovery scheme. Vehicles will be taken to the Police Vehicle Workshops as soon as possible for repair and inspection regarding roadworthiness or for independent examination. It is the responsibility of the Fleet Manager to ensure that compensation is pursued wherever practical.

Pedal cycles

13.1 Police pedal cycles are not covered by the Constabulary’s vehicle insurance policy. However, police pedal cycle incidents involving damage (including third party damage) or injury to person(s) including the rider, shall be made subject to a report to the relevant Local Policing Area Commander.

Section 3 - Relevant Legislation: (Human rights/diversity/Health & Safety/any other specifics)

Human Rights Considerations

There is potential within this policy for interference under:

Article 2-Right to Life.

Article 5-Right to Liberty and Security.

Article 6-Right to a Fair Trial.

Such intrusion will be minimal and only so far as it is absolutely necessary for the investigation of any incident relating to the damage. Such intrusion will be non-discriminatory and proportionate to the circumstances. The legal basis for such interference is derived from

Road Traffic Act 1988

Criminal Damage Act 1971

Theft Act 1978

Criminal Attempts Act 1981


APPENDIX APolice-Road Traffic Collision (POLRTC) Process Chart

RTC incident comes into Force Control Room (FCR): either via member of public or officer involved. WebStorm Incident to be created by FCR

FCR to inform Specialist Operations Roads Policing Unit (RPU) Sergeant (or Specialist Operations Sergeant)

Spec Ops Sergeant to assess incident as to necessity for RPU / them to attend (gravity factors to consider will be injuries, damage, number and type of vehicles involved, damage caused, blameworthiness on any party involved, reputational risk to Constabulary). In certain circumstances, it will be appropriate for the

‘local’ Sergeant to attend collision scenes and act on the advice of the RPU Sergeant.

RPU attendance required / necessary RPU attendance not required / not necessary

Local Sergeant to be made aware by FCR. Local Sergeant to attend scene if necessary. Email pro-forma RTC Damage – Police Vehicle POLRTC to be completed. Damage to be recorded in vehicle log

book. DTU to be informed. Taking into consideration gravity factors (as above), driver to be suspended

from driving duties as appropriate. In all cases, consideration to be made for Driver to be relieved

from driving duties for the remainder of the shift for welfare support.

RTC to be investigated at scene. T1 to be completed. Taking into consideration gravity

factors (as above), driver to be suspended from driving duties as appropriate. In all cases, consideration to be made for Driver to be

relieved from driving duties for the remainder of the shift for welfare support. Email pro-

forma RTC Damage – Police Vehicle POLRTC to be completed. Damage to be recorded in

vehicle log book. DTU to be informed.

DTU to update Driver Record. Minutes of Safer Driving Panel to be stored for governance and scrutiny.

RPU Inspector to arrange final Safer Driving Panel (SDP) meeting within 14 working days of

the informed decision by the RPU Sergeant.

Where appropriate, Local Sergeant and / or DTU will review and reinstate. If deemed necessary (i.e. a number of low-speed, no injury and low damage collisions, driver errors – reversing etc.) DTU can arrange a Driving Support Plan with the driver to complete before being reinstated. DTU to update

Driver Record.

Spec Ops Sergeant to review collision and make evidence-based recommendations as to any further action (e.g. NFA or consideration for

prosecution). SDP to be informed.

Driver has 14 calendar days to appeal decision to Specialist Operations

Chief Inspector.

Outcome of Safer Driving Panel to be

communicated to all involved parties.

Dialogue with Safer Driving Panel (SDP) to be started (via email) and views to be gained

regarding any proposed action. SDP will review and reinstate appropriately. The final decision of the Safer Driving Panel will sometimes be

sub-judice as it decides on internal learning and development: which may affect any decision / outcome in relation to a prosecution. The SDP

comprises of the Spec Ops Sergeant, RPU Inspector, DTU Head, PSD and the Police

Federation.

It must be noted that unfortunately some collisions will involve serious injury to officers and members of public. For those involving death or serious injury following Police contact this will always involve contacting PSD and IOPC: this

will be done by the FIM. It is likely that a Post Incident Management Process (PIM) will be called and an Article 2 Human Rights Act investigation will follow. Again, the FIM will make these arrangements.


Specialist Operations Supervisors Additional Advice

There will be occasions where RTCs occur involving police vehicles/drivers.Many of these result in minor damage/minor injury and can be resolved by a local supervisor.There will however be times when the collision involves serious injury, serious damage or reputational risk to the Constabulary, in which case investigation by Roads Policing officers with the support of a Specialist Operations Supervisor will be required.The following will hopefully provide some guidance on how best to manage such an investigation.

• Following the initial report of the collision or following local supervisors attendance, RPU assistance may be required due to the gravity factors mentioned previously (serious injury/damage or reputational risk to the Constabulary).

• RPU officer to attend the scene and assess, supported by a Roads Policing Lead Investigator if available (either remotely or in person).

• Consideration to be given to Forensic Collision Investigation Unit (FCIU) attendance – Glospol FCIU can investigate Glospol RTC’s unless there is a significant conflict of interest (eg police driver is best friends with the FCIU officer)

• RPU officers will essentially treat this as a life threatening/fatal RTC – appointing a Scene Manager if beneficial, maintaining road closures, appointment of FLO’s (if appropriate).

• Forensic recovery of vehicles (police vehicles to be taken to Workshops and examined by DVSA), Force vehicle examiner will examine the member of publics vehicle (unless there is a conflict of interest).

• If there is a serious injury to the public, then the IOPC will need to be notified (FCR will assist you with this).

• If IOPC take an interest, notify the RPU Inspector who can assist with additional support, PIM processes etc.

• Secure any in car footage/telematics/INCA data. This may require ICT and Fleet support (call out if necessary)

Away from the scene:

• If the RPU officer has not already done so, a CRASH report will need to be completed• A new accident report will need to be submitted to fleet via the Transport Services Portal on the force

Intranet applications page• An Outlook “message switch” for POLRTC also needs to be submitted – at this time, Driver Training

Unit do not have access to the Transport Services Portal (if POLRTC is as a result of a pursuit, then a Tactical Pursuit Report “message switch” also requires completion).

Staff welfare:

• Contact the police driver/passengers supervisor to ensure the officers welfare is being managed• If the police driver appears to be blameworthy, they will need to be suspended from driving. This is to

protect them and the organisation whilst the investigation continues. If possible, this is best done in person, but must be confirmed via e-mail so that there is a record. Copy the officer, their line manager and DTU in to ensure that everyone is aware


Section 5 - Identification, Monitoring and Review

The Policy should enable consistent and effective decision making. Where operational or managerial circumstances require any decision making that would adversely affect adherence to the policy or procedure, in line with the ‘Statement of Intent’ of the constabulary and the police service ‘Code of Ethics’, if an officer/ police staff member believes that they need to make a decision that steps outside of policy and procedure they should do so, provided that:

• the officer/ police staff member raises the matter at the earliest opportunity (and ideally before any such decision is made) with their line manager declaring their intended (or actual) course of action if notification is made after the decision is taken,

• produces, in a timely manner, a signed and dated written explanation of why it is/ was deemed necessary to step outside of policy and procedure, and

• maintain an adequate record of this written rationale for audit purposes appropriate to the circumstances/ contravention

Security Marking: NOT PROTECTIVELY MARKED / PROTECTED / RESTRICTEDDocument Title: POLICY / INFORMATION / PROCEDURALCollisions & Other Damage Involving Police Vehicles PolicyType URN Strategic Board Author/ReviewerPolicy 022 SOC

September 2003Insp Kevin Roseblade

Version Date Changes (ensure public copy amended and uploaded to external website)

Complied with Policy Guidance

3.131/01/2013 Issued as new version.

Extensive amendments to Vers 2.9b relating to Investigation and reporting.

3.2 12/05/2015 Minor amendments to Investigation procedures3.4 10/11/2016 Minor amendments relating to Roads Policing and Collision

Investigation staff now part of the Tri Force collaboration

3.5 20/06/2018 Review of policy and amendments made regarding Section 9.2 and around use of up-to-date wording and terminology (e.g. IPCC to IOPC). Included decision making wording as per the Chiefs request

3.6 11/05/2020 Review of Policy: Removal of ‘Tri Force’ references. Introduction of Safer Driving Panel and amendment to document to include this.Change to Appendix A: Pol-RTC Process ChartAddition of ‘Specialist Operations Supervisors Additional Advice’ at a Pol-RTC.


3.7 5/6/2020 Correction of typing errorsNext Document Review Date: May 2021EIA EIA Sign Off EIA ReviewLOW 13/05/2009 13/05/2012

SIA SIA Sign Off SIA Review

This version will be placed on the public domain websiteIf this version cannot be placed on the public domain website, provide reason and relevant COG authority

Previous policies can be found with the continuous improvement team.


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