Queensland Police Service

1.1 Introduction

This chapter is aimed at identifying legislation applicable to police in the discharge of the traffic law enforcement functions of the Service. Brief reference is made to sections of legislation which authorise or allow police to efficiently and effectively discharge their duties and where appropriate commence prosecutions against offenders. Service policy in relation to traffic enforcement generally is also outlined in this chapter.

1.2 References to legislation

Criminal Code

Justices Act 1886

Police Powers and Responsibilities Act 2000

Police Powers and Responsibilities Regulation 2000

Transport Operations (Road Use Management) Act 1995

1.3 Definitions

Definitions relevant to this chapter are described in Chapter 2: 'Definitions' of this Manual.

1.4 Authorised officer

A police officer is an authorised officer under s. 20 of the Transport Operations (Road Use Management) Act subject to the limitations of s. 20(4). However, prior to exercising powers of an authorised officer, police officers are to ensure they are approved to exercise the powers under s. 14: 'Declaration of police officers as public officials' of the Police Powers and Responsibilities Act. See the Handbook of Delegations and Authorities, Part 1.7: 'Instruments of approval made under the Police Powers and Responsibilities Act'.

1.5  Superintendent of traffic

Transport Operations (Road Use Management) Act

The Commissioner is the only member of the Service who is a superintendent of traffic for the purposes of the Transport Operations (Road Use Management) Act (see Sch 4 of the Transport Operations (Road Use Management) Act).

However, whilst the Commissioner is the only superintendent of traffic, he has delegated his functions, powers and duties as a superintendent of traffic under the Transport Operations (Road Use Management) Act to other members as described in Delegation/Authority number D. 25.2.

For the purposes of the Traffic Manual, the term superintendent of traffic is also used to refer to officers and staff members delegated the functions, powers and duties of superintendent of traffic.

PROCEDURE

Sections 124(1)(pa) and (pc) of the Transport Operations (Road Use Management) Act provide that a certificate by the Commissioner regarding the accuracy of a radar speed detection device, laser-based speed detection device, induction loop speed detection device, piezo strip speed detection device and chassis dynamometer respectively is evidence of the accuracy of the devices. Assistant Commissioners, commissioned officers and officers in charge of stations who are of or above the rank of sergeant have been authorised to issue those certificates (see Delegation/Authority number D. 25.14).

1.6 Traffic law enforcement - role of police

In order to ensure that the Transport Operations (Road Use Management) Act (including the various regulations made under that Act) is duly observed, officers should make themselves thoroughly conversant with the laws relating to traffic, and should exercise tact and discretion in the performance of their functions thereunder.

Officers should make themselves conversant with the provisions of:

(i) Chapter 3: 'Powers relating to vehicles and traffic' (ss. 54-68);

(ii) Chapter 4: 'Motor vehicle impounding powers for prescribed offences and motorbike noise direction offences' (ss. 69-123);

(iii) Chapter 5: 'Vehicle removal powers generally' (ss. 124-129);

(iv) Chapter 6: 'Powers relating to animals' (ss. 130-149); and

(v) Chapter 22: 'Provisions about evading police officers' (ss. 746-789);

of the Police Powers and Responsibilities Act.

See also s. 1.11: 'Powers of arrest' of this chapter and s. 2.4.12: 'Roadblocks' of the Operational Procedures Manual and s. 11.16: 'Evading police officers' of this Manual and Commissioner's circulars 24/2007: 'Safe Driving Policy - State Wide Implementation'.

1.7 Officers in charge to ensure attention to traffic law enforcement

POLICY

Officers in charge of stations and establishments should ensure that in appropriate cases traffic enforcement activities are included in operational shift plans for officers under their control (see s. 1.4.5: 'Responsibilities of officers in charge of stations or establishments' of the Operational Procedures Manual).

1.8 Role of police in reducing number of traffic crashes

POLICY

All officers, whether detailed for traffic duty or otherwise, should do everything within their power to reduce the cost to the community of traffic crashes. To this end, each officer should ensure that the traffic laws are properly observed, and be constantly on the alert to detect and take appropriate action against persons committing breaches of the Transport Operations (Road Use Management) Act and various regulations made under that Act.

Particular attention should be given to life endangering offences (see Appendix 1.1 for list of LEO's).

1.9 Signals for traffic regulation by police

Section 59: 'Power for regulating vehicular and pedestrian traffic' of the Police Powers and Responsibilities Act provides the authority for officers to give to a driver of a vehicle or animal or to a pedestrian on or about to enter a road, or to a passenger in a vehicle, any direction, signal or order the officer considers necessary for the safe and effective regulation of traffic on the road.

Section 10A: 'Prescribed way of giving directions to regulate traffic' of the Police Powers and Responsibilities Regulation describes how an officer may give a direction to the driver of a vehicle, animal or train or to a pedestrian under s. 59 of the Police Powers and Responsibilities Act. Schedule 4: 'Traffic signals' of the Police Powers and Responsibilities Regulation illustrates ways that an officer may give a direction to a driver or pedestrian by hand signals.

PROCEDURE

Officers performing duty which involves regulating traffic should:

(i) give definite signals, directions, or orders to drivers in such a way as to eliminate any misunderstanding;

(ii) as far as practicable, stand in the centre of any intersection and see that vehicles, etc., proceed in their turn in a proper manner at a reasonable rate of speed;

(iii) ensure that traffic control light signals at any intersection where it is necessary for police to regulate traffic are turned off or are turned to flashing amber; and

(iv) ensure that any signals, directions or orders given to drivers do not create a dangerous situation for the officer or other road users.

1.10 Powers of entry

POLICY

Section 17 of the Police Powers and Responsibilities Act provides the general power for officers to enter places to make inquiries or investigate matters.

Additionally, there may be occasions when the powers of entry under s. 19 of the Police Powers and Responsibilities Act may be used to provide entry to a place to arrest or detain a person (see s. 1.11: 'Powers of arrest' of this chapter and s. 2.8: 'Entry, Search and Seizure' of the Operational Procedures Manual).

Section 57 of the Police Powers and Responsibilities Act provides that an officer may enter and stay in a place for the time reasonably necessary to give effect to ss. 54: 'Power of inquiry into road use contraventions', 55: 'Power to require information about identity of drivers of vehicles etc.' or 56: 'Additional power of inquiry for relevant vehicle incidents' of the Police Powers and Responsibilities Act.

ORDER

Officers who enter any place to make an inquiry, investigation or serve a document under the provisions of any Act are to comply with Chapter 20: 'Other standard safeguards' of the Police Powers and Responsibilities Act.

Officers intending to enter to arrest or detain a person under s. 19 of the Police Powers and Responsibilities Act are to, if reasonably practicable, seek permission from and give the occupier reasonable opportunity to allow the entry before using force that may cause damage to a place to gain entry to the place (see s. 635 of the Police Powers and Responsibilities Act and s. 2.8: 'Entry, Search and Seizure' of the Operational Procedures Manual).

Officers are only to use force to enter a place under the authority of s. 57 of the Police Powers and Responsibilities Act if the entry is authorised by an officer of at least the rank of inspector.

1.11 Powers of arrest

The powers of arrest applicable to traffic related offences are contained in s. 365 of the Police Powers and Responsibilities Act.

POLICY

Officers should be conversant with their powers and responsibilities relating to the arrest, and discontinuing the arrest, of a person under ss. 365, 376, 377 and 380 of the Police Powers and Responsibilities Act.

Officers are to consider alternatives for dealing with offences committed by a child (see s. 5.4.2: 'Alternatives for dealing with child offenders' of the Operational Procedures Manual).

Officers are to comply with the provisions of s. 3.5.9: 'Justification for arrest' and s. 3.5.10: 'Notification of arrest to person arrested' of the Operational Procedures Manual.

When an offender is arrested for an offence against the Transport Operations (Road Use Management) Act or associated regulations, proceedings for any other offence arising out of the same incident or circumstances should be instituted at or about the same time (see s. 3.5.2: 'Responsibility to prefer all charges' of the Operational Procedures Manual).

1.12 Court brief required for traffic prosecutions

POLICY

Officers commencing or continuing a proceeding against an offender by way of attendance notice in case of juveniles, notice to appear, complaint and summons or, where justified, arrest for traffic offences are to ensure that a court brief (QP9) is prepared (see s. 3.7.2: 'Documentation at first appearance' of the Operational Procedures Manual).

1.13 Proceedings for offences

All offences against the Transport Operations (Road Use Management) Act and the various regulations made under that Act may be prosecuted summarily under the Justices Act, on the complaint of any police officer or of any other person authorised by the Minister.

Proceedings for all offences under the Transport Operations (Road Use Management) Act and the various regulations made under that Act against a person may be commenced by way of attendance notice in the case of juveniles, notice to appear, complaint and summons or, where justified, arrest (see s. 3.5: 'The institution of proceedings' of the Operational Procedures Manual).

POLICY

Officers are to consider alternatives to proceedings against a child (see s. 5.4.2: 'Alternatives for dealing with child offenders' of the Operational Procedures Manual).

1.13.1 General prosecution policy

POLICY

The provisions of s. 3.4: 'General prosecution policy' of the Operational Procedures Manual apply in respect to offences under the Transport Operations (Road Use Management) Act and other traffic related legislation contained in this Manual.

1.14 Police officer to supply officer's particulars

POLICY

Members of the community should be provided, upon request, with particulars of officers who attend to complaints or otherwise have dealings with them.

Particulars include an officer's station, name, rank, and registered number.

ORDER

Where appropriate, officers are to comply with s. 637 of the Police Powers and Responsibilities Act (see ss. 1.4.1: 'Introduction' and 2.1.1: 'Use of Police Powers and Responsibilities Act 2000' of the Operational Procedures Manual).

1.15 Traffic enforcement duty in uniform

POLICY

Unless special circumstances apply, all traffic enforcement duty, including speed detection operations and random breath testing, should be performed by officers in uniform. The existence of special circumstances which justify the wearing of plain clothes, e.g. special targeting of particular groups or classes of offenders is to be determined by a commissioned officer.

Officers performing enforcement duty including the stopping or diverting of vehicles and pedestrians at a road block or static or mobile interception sites are to establish a safe method for performing interceptions of vehicular and pedestrian traffic (see ss. 3.5: 'Establishing a static interception site', 3.6: 'Responsibilities of officers at a static interception site', 3.7: 'Combined operations', 3.8: 'Roadblocks' and 3.9: 'Mobile interception' of this Manual).

Issue 17 - December 2010