NOT PROTECTIVELY MARKED 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. -1- NOT PROTECTIVELY MARKED 3 Aug-12 Annual review. No changes made 3 4 April-13 Periodic review. No changes made 4 3 5 April-14 Periodic review. No changes made 6 5 4 3 May-15 Annual Review 5 4 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 -2- NOT PROTECTIVELY MARKED 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 -3- NOT PROTECTIVELY MARKED 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 -4- NOT PROTECTIVELY MARKED 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. -5- NOT PROTECTIVELY MARKED 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 -6- NOT PROTECTIVELY MARKED 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. -7- NOT PROTECTIVELY MARKED 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. -8- NOT PROTECTIVELY MARKED 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 -9- NOT PROTECTIVELY MARKED 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) - 10 - NOT PROTECTIVELY MARKED 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 - 11 - NOT PROTECTIVELY MARKED 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. - 12 - NOT PROTECTIVELY MARKED 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. - 13 -
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