5.17 Vehicle mechanical inspections

Motor vehicle mechanical and other inspections are carried out by members of the Vehicle Inspection Unit, Fleet Management Branch, Brisbane, throughout Queensland for all classes of motor vehicle. This section is equipped with motor vehicles capable of carrying compressors, jacks, stands, various hand tools and test equipment.

The vehicle inspectors are qualified as engineering trades persons (mechanical). These personnel all have wide automotive backgrounds supported by various specialist training courses. The vehicle inspectors are accepted as expert witnesses by courts at all levels with their expertise acknowledged by prosecutors and defence.

PROCEDURE

An officer in charge of a traffic crash investigation should consider whether a mechanical or other inspection of a vehicle involved should be carried out for the purpose of obtaining expert evidence.

5.17.1 Circumstances where an inspection is warranted

POLICY

An inspection of a vehicle is warranted when:

(i) the vehicle is involved in a fatal or serious road crash;

(ii) the vehicle is involved in any incident where mechanical failure or tyre failure is alleged;

(iii) an examination is required to support or negate any defence that may be raised in relation to a charge of dangerous operation of a vehicle, due care and attention or similar offences;

(iv) the vehicle is the subject of a defective vehicle notice and is involved in an incident;

(v) a motor vehicle is involved in the commission of a crime such as a homicide, arson, armed robbery or false pretences; or

(vi) assisting the Scientific Section in the identification of suspected stolen vehicles. Prior to the dismantling of these vehicles for which mechanical inspections are required, authorisation needs to be obtained from the Inspector of Police, Transport Section.

When more that one vehicle is involved in a fatal or serious traffic crash and it is likely that criminal proceedings may be considered against one of the driver's of the vehicle, all the vehicles involved in the crash should be inspected.

5.17.2 Vehicle inspections call-out procedure

PROCEDURE

To obtain the assistance of a vehicle inspector from the Vehicle Inspection Unit, Fleet Management Branch, Brisbane, officers should:

(i) assign a 'property examination' general task from the QPRIME occurrence to the relevant vehicle inspection unit;

(ii) include in a general report attached to the QPRIME task the following information:

(a) the unit number, make, model, type, registration number and colour of the vehicle;

(b) where the vehicle is located;

(c) where the keys are located;

(d) contact telephone number for where the vehicle is located;

(e) any allegations re vehicle defects;

(f) other units;

(g) the known circumstances of the incident requiring the need for the vehicle inspection (e.g. the subject vehicle is a semi-trailer that lost control at the bottom of a steep decline hitting a tree); 

(h) possible charges pending;

(i) whether a statement or report is required;

(j) special requests (specify unit number, and e.g. throttle, seat belt, ABS, engine);

(k) additional information (e.g. HIV, blood, needles); and

(l) whether the vehicle can be released after inspection.

(iii) comply with local standing operating procedures for requesting mechanical inspections in the region;

(iv) ensure that the keys are with all vehicles;

(v) task any additional information through QPRIME to the respective section;

(vi) when making urgent requests during normal working hours telephone:

(a) the Officer in Charge, Vehicle Inspection Unit, Fleet Management Branch, Brisbane or the Inspector, Transport Section, Brisbane; and

(b) send a task in QPRIME as confirmation of the request as outlined in points (i) and (ii) of this section; and

(vii) when making urgent requests outside normal working hours:

(a) telephone the Duty Officer, Police Communications Centre, Brisbane who will contact the Inspector of Police, Fleet Management Branch, Brisbane;

(b) comply with local standing operating procedures for requesting mechanical inspections for the region with respect to the Transport Section; and

(c) send a task in QPRIME as confirmation of the request as outlined in points (i) and (ii) of this section.

5.17.3 Situations when a vehicle will not generally be inspected

POLICY

Situations when a vehicle should not generally be inspected by a vehicle inspector include situations in which a vehicle:

(i) is not seized immediately after the incident and where such a period of time has elapsed between the incident and the location/seizure of the vehicle, that any inspection of the vehicle would be of little or no value; and

(ii) is not in the possession of police and is in the owner's premises, or in the possession of the owner or the owner's agent.

5.17.4 Call- out/attendance to scene of incident

POLICY

Generally, vehicle inspectors are not to attend at incident sites unless:

(i) the investigating officer at the scene ascertains that vital evidence may be lost or the incident is of such a serious nature to warrant attendance at the scene by vehicle inspectors; and

(ii) upon arrival at an incident scene, vehicle inspectors will make a determination as to whether the vehicle can be successfully examined at the scene or such vehicle should be removed to a holding yard.

5.17.5 Area covered by Vehicle Inspection Unit, Fleet Management Branch, Brisbane

POLICY

Vehicle inspectors from the Vehicle Inspection Unit, Fleet Management Branch, Brisbane will generally attend to all areas throughout Queensland.

5.17.6 Impartiality of vehicle inspectors

POLICY

The evidence of vehicle inspectors has been accepted as credible and impartial by the courts, defence lawyers and prosecution lawyers. Every effort is to be made to maintain this level of credibility and impartiality.

Vehicle inspectors should not be involved in aspects of an investigation other than the inspection of vehicles (e.g. vehicle inspectors should not initiate prosecutions in respect of vehicles they have inspected).

5.17.7 Storage of vehicles awaiting inspection

PROCEDURE

Vehicles awaiting inspection by vehicle inspectors should be stored:

(i) whenever possible, in police supervised property points; or

(ii) in towing company holding yards provided that the holding yard is secure.

Should more than one vehicle be required to be inspected by vehicle inspectors as the result of a traffic crash, officers should store these vehicles in the same holding yard. (see s. 4.4: 'Property system - general information' of the Operational Procedures Manual)

5.17.8 Callouts, court attendance and associated costs

POLICY

The attendance of vehicle inspectors after hours is at the discretion of the Officer in Charge, Vehicle Inspection Unit and is funded by Fleet Management Branch.

Attendance at a court by vehicle inspectors to give evidence will generally be carried out during normal rostered hours. Advice should be provided at the first available opportunity by the officer in charge of the investigation of the incident to the Officer in Charge of the Vehicle Inspection Unit, Fleet Management Branch, Brisbane by sending a QPRIME task from the relevant occurrence.

Any travelling allowance or overtime incurred as a consequence of the requirement of vehicle inspectors to attend at a court to give evidence, shall be charged to the relevant region.

Generally, the costs associated with carrying out vehicle inspections are treated as normal expenses and funded by the Fleet Management Branch.

5.18 Skid tests conducted to afford evidence

POLICY

The use of service vehicles and other vehicles for skid testing is sometimes necessary to obtain expert evidence. Skid tests are only to be undertaken by an accredited traffic accident reconstruction officer or accident investigator.

ORDER

Officers who intend to conduct skid tests are to request authorisation from a commissioned officer prior to a series of skid tests being conducted. Such request is to include details of:

(i) the necessity for the tests;

(ii) time, date and place at which the tests are to be conducted;

(iii) who is to conduct the tests;

(iv) the safety precautions to be taken prior to and during the tests; and

(v) the safety equipment to be utilised during the tests.

After approval to conduct a skid test is given, the officer conducting the test is to ensure that:

(i) prior to the conducting of the skid test, the vehicle to be used is inspected and the braking system tested;

(ii) prior to the conducting of the skid test, when a Service vehicle is used, such vehicle is to be inspected prior to the test for physical damage. The Service vehicle is to be returned in a road worthy condition. This may involve the changing of tyres and repairing any damage;

(iii) the relevant portion of the roadway to be used is secured against the entry of members of the public;

(iv) the tests are conducted in a manner which is appropriate and does not unduly interfere with the safe and effective regulation of traffic; and

(v) simulations are undertaken in a manner which recreates the same section of road camber and surface if the same section of roadway is not able to be used.

5.19 Indictable and simple offence charges against drivers involved in traffic crashes

ORDER

Officers investigating traffic crashes resulting in a driver of a motor vehicle involved in that crash being charged with a simple offence, including an offence under s. 79: 'Vehicle offences involving liquor or other drugs' of the Transport Operations (Road Use Management) Act are to advise the police prosecutor for the case of any further investigations which may lead to subsequent prosecution of the person charged for an indictable offence arising out of the same incident.

Such advice is to be given before the opening of the court at which the person charged is to first appear.

Police prosecutors, under these circumstances, are to take all appropriate action to arrange for the charge for the simple offence to be adjourned or further adjourned to a suitable date pending the finalisation of any investigation and after the completion of all proceedings for the indictable offence.

5.19.1 Upon finalisation of an indictable offence

ORDER

Where an indictable offence is finalised, and the person so dealt with has been charged with a simple offence which is currently on adjournment, the officer in charge of the case in which the accused was convicted is to obtain a copy of the Judge's remarks.

The officer in charge of the case is to deliver a copy of the Judge's remarks to the police prosecutor for the simple offence.

5.19.2 Judge's remarks made in a superior court

ORDER

Where a Judge's remarks indicate that when convicting and sentencing an accused the Judge took into consideration the allegations which constitute a simple offence which occurred contemporaneously, including an offence under s. 79: 'Vehicle offences involving liquor or other drugs' of the Transport Operations (Road Use Management) Act, with which a person who also charged, the police prosecutor is to arrange for the simple offence to be withdrawn.

If the Judge's remarks do not indicate that the allegations constituting the simple offence was taken into account, the police prosecutor is to proceed with the simple offence charges.

When an accused is acquitted of an indictable offence and the simple offence is still outstanding, the police prosecutor is to proceed with the simple offence charges.

5.19.3 Judge's remarks not available from a superior court

ORDER

If a copy of the Judge's remarks is not available, the officer in charge of the case is to:

(i) obtain advice from the crown prosecutor who prosecuted the indictable offence as to whether the allegations which constitute the simple offence were taken into account during sentencing for the indictable offence; and

(ii) advise the police prosecutor handling the simple offence of the results of such enquiries.

The police prosecutor is to take the appropriate action as set out in s. 5.19.2: 'Judge's remarks made in a superior court' of this chapter.

5.19.4 Conflict of information regarding the Judge's remarks from a superior court

ORDER

When a police prosecutor proceeding with a charge of a simple offence receives advice from the defence that the allegations constituting the simple offence were taken into consideration by the Judge during sentencing for an indictable offence allegedly committed contemporaneously which is not indicated by the Judge's remarks, that officer is to make contact with the crown prosecutor to ascertain whether the simple offences were taken into account during the sentencing of the accused.

If the simple offences were taken into account by the Judge the police prosecutor is to arrange for the simple offences to be withdrawn.

If the advice of the Crown Prosecutor is that the simple offences were not taken into account, the police prosecutor is to proceed with the simple offence charges.

5.20 General prosecution policy for traffic related matters

POLICY

The provisions of s. 3.4: 'General prosecution policy' of the Operational Procedures Manual apply with respect to traffic matters.

Issue 18- December 2011