Rochester Police Department

General Order
EFFECTIVE DATE:

SUBJECT:

April 20, 2015

ORDER#

EMERGENCY RESPONSE DRIVING; PURSUIT DRIVING

RESCINDS:

REFERENCE STANDARD(S):

G.O. 530 (07/17/06)

NYS: 14.1; 40.2; 41.2; 43.1,.4,.5

530
PAGE

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ATTACHMENT(S):

(A) Post Pursuit, RPD 1408

Chiefs Signature:

I.

DEFINITIONS
A.

Emergency Operation The operation or parking of an

authorized emergency vehicle, as defined by Section 101 of the
NYS V & T Law, when such vehicle is engaged in transporting a
sick or injured person, transporting prisoners, pursuing an actual
or suspected violator of the law or responding to, or working or
assisting at the scene of an accident, disaster, police call, alarm of
fire, actual or potential release of hazardous materials or other
emergency. Emergency operation will not include returning from
service (V & T 114-b).

B.

Emergency Response When a member responds to:

1.

A request to a possible life threatening situation or serious

in-progress crime, or

2.

An unusual incident/event that requires an immediate

response by staff members (Chief, Deputy Chief, Crisis
Negotiator, etc.)

C.

Pursuit Attempted apprehension by a police officer operating an

emergency equipped marked police vehicle, of occupant(s) of
another motor vehicle, whose operator refused to comply with the
lawful directive to stop and attempts to flee or takes other evasive
action.

D.

Reasonable Suspicion An objectively justifiable suspicion that is

based on specific facts or circumstances, that would lead a
reasonable person to believe that an occupant of a vehicle may
have committed an offense listed in Appendix A.

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E.

II.

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Terminate To immediately stop or cease the pursuit by pulling

over to the side of the road or turning onto a side street. ECD will
be notified of the exact location and the fact that the suspect vehicle
is not being followed any further. The pursuing member and all
units involved in the pursuit shall cease involvement in the pursuit
and return to non-emergency driving operation. Following behind
or paralleling a vehicle with or without emergency equipment
activated after the pursuit has been terminated is not authorized.

POLICY
A.

NYS Vehicle and Traffic Law exempts authorized emergency

vehicles involved in emergency operations from some restrictions
of the Vehicle and Traffic Law. This exemption, however, will not
relieve the driver of an authorized emergency vehicle from the
duty to drive with due regard for the safety of all persons, nor will
such provisions protect the driver from the consequences of their
reckless disregard for the safety of others (V & T 1104-4e).

B.

During an emergency response or pursuit, members will:

1.

Drive with due regard for the safety of all persons and
property.

2.

Terminate a pursuit as instructed by a supervisor, or when a

pursuit or emergency response is causing a dangerous
and/or hazardous condition to the member and/or others.

C.

Members will not initiate or continue a pursuit or emergency

response if not in accordance with this order. Members must
constantly evaluate the risks involved initiating or continuing a
pursuit or emergency response. A pursuit may only be initiated if
there is reasonable suspicion to believe that the operator of, or a
passenger in, the vehicle pursued has committed (to include
wanted packages) or is about to commit a crime listed in Appendix
A, attached hereto.

D.

Even if a pursuit may be initiated or continued because there is

reasonable suspicion to believe that the operator, or a passenger in,
the vehicle pursued has committed or is about to commit a crime
listed in Appendix A, the pursuit shall not be initiated or
continued if the risks associated with the pursuit outweigh the

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possible benefits as determined by a review of the following

factors:
1.

Reason for the response or pursuit, seriousness of the

incident or charges

2.

Traffic density/pedestrian volume

3.

Weather/road conditions

4.

Speed involved

5.

Members driving skill/specialized training

6.

Time of day

7.

Type of area (business vs. residential)

8.

Type of road

9.

Condition of police vehicle

10.

Availability of additional police vehicles to assist at the

scene or to intercept pursued vehicle

11.

Knowledge of the offenders identity and danger to the

community if the suspect is not immediately apprehended

12.

Danger caused by the operation of vehicle being pursued

E.

Marked police vehicles engaged in an emergency response, day or

night, will utilize emergency red lights, siren and alternating
headlights. Only unmarked vehicles equipped with alternating
headlights, siren and an authorized emergency red light will
engage in an emergency response. In cases of crimes in progress,
etc., the sired will be utilized up to the point where it may be heard
at the scene of the crime; the lights will be utilized until they may
be visible at the scene. Once the emergency response is terminated
and when the use of lights and sirens are discontinued, members
will respond in obedience to all traffic laws.

F.

Unmarked police vehicles not equipped with alternating

headlights, siren and an emergency red light will not undertake an
emergency response. If dispatched to a high priority incident, they

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will respond in obedience to all traffic laws. Unmarked police

vehicles will not engage in pursuit driving.

III.

G.

Non-sworn employees will NOT engage in emergency response or

pursuit driving.

H.

Members will not engage in an emergency response or pursuit

driving while transporting non-departmental persons (prisoners,
witnesses, parents of juveniles, etc.) unless:
1.

The passenger is a ride-along observer who has signed a

Liability Release Form, RPD 1279, or

2.

When necessary to preserve life when a timely ambulance

transport is not available.

I.

The members supervisor will be responsible for the management

of any emergency response, including the responsibility to
terminate same.

J.

Escorts
1.

Any routine, planned escort (over-sized vehicle, dignitaries,

funerals, etc.) will be coordinated through the Commanding
Officer of the Patrol Division or his designee.

2.

Escorts of civilian vehicles will only be conducted in

medical emergencies when:
a)

Such escort is necessary to preserve life and timely

ambulance transport is not available, or

b)

Permission is granted by an immediate supervisor.

PROCEDURE
A.

Emergency Response to Assignments

1.

The responding member(s) and back-up units will have the

discretion, based on the nature of the assignment, meeting
the definitions in Section I and the criteria in Section II.C., to
respond to a call in an emergency response mode.

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B.

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2.

When the dispatched member elects to respond in an

emergency response mode, the Emergency Communications
Department (ECD) dispatcher will be so notified by the
responding member stating that they are 10-77 (e.g.,
Clinton 207C, 10-77).

3.

Members will limit their vehicular speed, taking into

consideration the safety of self and others and the factors
listed in Section II.D.

4.

Members will use extreme caution in operating police

vehicles and come to a complete stop to ensure that all
vehicular and pedestrian traffic is aware of and yields to the
emergency vehicle and assure safety prior to continuing at
intersections where they do not have clear right-of-way.

5.

Distance to the location of the incident alone will not be a

determining factor to engage in an emergency response.

Pursuit Driving
1.

Initiation
When a motor vehicle pursuit is initiated, the pursuing
member will immediately report same to the ECD dispatcher
by stating the member has a pursuit and advise the
following:
a)

The members assigned radio call number

b)

Reason for pursuit (member will clearly articulate

this)

c)

Route, direction of travel and areas being

d)

Description of pursued vehicle and license plate

number

e)

Number of occupant(s) and description

f)

Weapons involved, if any

g)

Speed of pursuit

h)

Operation of pursued vehicle, e.g., reckless, slow, etc.

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2.

All employees on the same channel will refrain from radio

transmissions during the pursuit except for short
transmissions of their locations as safety permits. A
secondary channel will be utilized for other emergencies.

3.

Supervisors Responsibilities

4.

a)

Immediately
acknowledge
responsibility
for
management of the pursuit by stating on the air, car
number and the fact that he/she is responding to the
area.
(Example:
Clinton 127C, I will take
management of this pursuit.)

b)

Assume sole supervisory responsibility for

monitoring the pursuit until termination, regardless
of what geographic area the pursuit enters, or which
RPD section personnel are involved, until or unless
relieved by a higher ranking authority.

c)

Determine the reason for the pursuit, direction of

travel, speed, description of vehicle, description of
occupant(s), weapons involved, if any.

d)

Terminate any pursuit that does not involve an

offense as defined in Appendix A or any pursuit that
does not conform to the restrictions of this policy as
outlined herein.

e)

Terminate any pursuit where the risks to continue the

pursuit outweigh the benefits. Constantly evaluate
risks in continuing the pursuit as outlined in Section
II.D.

ECD dispatcher, upon notification of a pursuit will:

a)

Clear the channel except for vehicles involved in the

pursuit. All other transmissions will be sent to a
secondary channel.

b)

If a patrol supervisor has not taken command of the

pursuit within the first two minutes, assign one from
the section originating the pursuit (or nearest
available supervisor) to be responsible to manage the
pursuit until termination or conclusion.
If a

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supervisor cannot be located to take command of the

pursuit within the first three minutes, ECD will
terminate the pursuit.
NOTE: This will include pursuits initiated by other
jurisdictions.

5.

c)

Notify other Rochester Police Department (RPD)

channels and surrounding police agencies if the
pursuit may enter their jurisdiction.

d)

Initiate registration and criminal record searches as

soon as possible and broadcast when time permits.

e)

Notify the Patrol Commander, or in his absence, Staff

Duty Officer, and the Section supervisor(s) where the
chase is taking place and of the member involved in
the pursuit.

Pursuit Tactics
a)

Motorcycles may engage in a pursuit only under the

most critical and unusual circumstances where
immediate apprehension is necessary to alleviate a
danger to public safety. As soon as a marked police
vehicle is available to assume the pursuit, the
motorcycle will withdraw from active pursuit.
Motorcycles will not engage in pursuit in inclement
weather.

b)

Number of Police Units

(1)

The primary unit in pursuit and one back up

unit will be responsible for the actual pursuit.
Other assisting units will take parallel courses
and remain in the area of the pursuit.

(2)

No more than two police vehicles (to include

patrol vehicles from other agencies) and one
supervisor will follow behind the suspect
vehicle in a pursuit.

(3)

The back-up unit will assume radio

communications responsibility, allowing the

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primary pursuing unit to devote full attention

to driving.
Exception: If the primary pursuing unit is a
two-member vehicle they may opt to maintain
responsibility for radio communications. In
such a case, the passenger member will
assume the communications responsibility.
(4)

The back-up unit will maintain a safe distance

behind the primary pursuing unit that is
reasonable and prudent under the existing
conditions. Other than one supervisor, no
other units will follow behind these two units.

c)

Passing Primary Pursuit Vehicle

There shall be no attempt by members to pass the
primary pursuing unit unless a request is made to do
so by the primary pursuing unit or unless directed by
a supervisor.

d)

Overtaking Pursued Vehicle

Overtaking or attempts to overtake a pursued vehicle
is prohibited.

e)

Controlled Access Highways

Pursuit vehicles shall not pursue a vehicle the wrong
way on a controlled access highway. The following
options are to be considered:

f)

(1)

Maintain visual contact with the suspect

vehicle by paralleling it on the correct side of
the highway.

(2)

Request assisting units to observe the exits

available to the suspect vehicle.

Forcible Stops
(1)

Roadblocking, ramming, and boxing-in stop

techniques are prohibited.

(2)

Tire Deflation Device (Road Spikes)

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(a)

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The deployment of the tire deflation

device (road spikes) by assisting units is
acceptable and will be used when:
(i)

The pursuit is in compliance

with this order or,

(ii)

A vehicle is not being actively

pursued, but is wanted for a
crime listed in Appendix A.

(b)

Only personnel trained in the use of the

tire deflation device will use it for
deployment, and only at the direction
of a supervisor or command officer.

(c)

Personnel will make every effort to

deploy the tire deflation device from a
position of safety, utilizing protective
barriers, such as guardrails, tree, etc.
(members patrol vehicle or any other
vehicles are not appropriate protective
barriers).

(d)

Tire deflation devices will not be used

to terminate the pursuit of a motorcycle
or three wheeled vehicles.

(e)

Personnel using the tire deflation device

will return the device to proper
storage/deployment ready condition,
following training directives.

(f)

The tire deflation device will be

inspected monthly by the Commanding
Officer (or their designee) of each
respective patrol section to ensure its
readiness and serviceability.

(g)

Repairs to the device and the ordering

of
replacement
parts
will
be
coordinated through the Quartermaster
office.

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g)

h)

i)

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Pursuit Initiated by Another Jurisdiction

(1)

If requested by another jurisdiction and

according to the PRD policies for pursuit
engagements, RPD members may assist in a
pursuit within the City limits provided all
other provisions of this order are complied
with.

(2)

If the pursuit is not in accordance with this

order, RPD supervisors will inform the
pursuing agency over the air that the RPD will
not participate in the pursuit. Members will
also advise the pursuing agency of any known
event(s) (e.g., a block party or a parade) that
might be in the imminent path of the pursuit.
If the pursuit is not terminated, the only
authorized action for RPD members is to block
side streets for safety (paralleling is not
allowed). RPD vehicles will not leave the City
limits while assisting another jurisdiction
without permission from an RPD supervisor.

Pursuits Initiated in the City that Extend Outside the

City of Rochester
(1)

If a pursuit extends beyond the City limits,

only the two pursuing police vehicles and a
supervisor will continue the pursuit. Pursuing
members and supervisor will constantly
evaluate the pursuit to determine if
continuance of the pursuit is justified and/or if
assistance from other police agencies is
available.

(2)

If a pursuit extends beyond the Monroe

County limits, the continuance of the pursuit
shall be approved by the Section Commanding
Officer, or Staff Duty Officer.

Traffic Control Devices

Extreme care will be used when passing traffic signs
or signals. Police vehicles will stop to ensure that all
vehicular and pedestrian traffic is aware of and

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yielding to the emergency vehicle. When two or more

emergency operated vehicles approach an intersection
at the same time from different directions where traffic
control devices are installed, said devices and the NYS
V&T Law will determine the right-of-way.
j)

6.

Apprehension
The primary and back-up units and supervisor are
responsible for the activities at the apprehension site.
No other units will respond unless requested by the
primary unit or supervisor as dictated by the situation.

Termination
A pursuit will be terminated under any of the following
conditions:
a)

When circumstances develop, taking into account the

factors set forth in Section II.D., whereby continuance
would cause reckless disregard for the safety of the
member or the public (pursuing member or
supervisory discretion).

b)

When a vehicle is pursued for a traffic violation alone

or any other offense not listed in Appendix A.

c)

Under those circumstances wherein the offender can

be identified and an arrest made at a later time
without risk of creating an unreasonable danger to
the public.

d)

When so ordered by any RPD supervisor or

supervisor of jurisdiction into which a City pursuit
extends.

e)

When the pursued vehicles location is no longer

known by pursuing members.

f)

When radio contact is lost.

g)

When the member is unfamiliar with the area and is

unable to accurately notify ECD of their location and
the direction in which the pursuit is proceeding.

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IV.

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POST PURSUIT INVESTIGATION REPORTING

A.

MEMBERS RESPONSIBILITY
Each member involved in the pursuit will submit an addendum
report detailing all actions taken, including (but not limited to) the
deployment of tire deflation devices, blocking side streets etc.

B.

SUPERVISORS RESPONSIBILITIES
1.

After each pursuit situation, it will be the responsibility of

the assigned supervisor to verbally notify their
Commanding Officer.

2.

Complete the Post Pursuit Form, RPD 1408 (Attachment A)

and review attached addendum report.

3.

Document car numbers of those vehicles involved in the

pursuit and all those who respond to the apprehension site.

4.

Request an audiotape copy of the pursuit from the ECD to

include all transmissions on those channels affected by the
pursuit. These audiotapes will then be forwarded to the
Section Platoon Commanding Officer.

5.

At the discretion of the Section Platoon Commanding

Officer, the managing supervisor of the pursuit may be
directed to submit an inter-departmental correspondence
(IDC) for any pursuit that does not conform to policy with
an explanation as to why the pursuit did not conform and
what corrective action was taken or is recommended.

6.

Attach the ECD printout to RPD 1408 and submit both to

their Commanding Officer prior to ending their tour of
duty. (This information is available by accessing the Section
personal computers that contain MDC data).
NOTE: Post Pursuit Forms will be completed for pursuits
that are initiated by other departments with members of the
RPD joining the pursuit.

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C.

The Patrol Section Platoon Commanding Officer will advise the

Staff Duty Officer or the Patrol Division Commander, Deputy
Chief of Operations and the Chief of Police of the details of the
pursuit as part of the daily report.

D.

Section Commanding Officers will:

E.

F.

1.

Review all pursuits assigned to supervisors in their

command in detail.

2.

Conduct a review of the audiotape of the pursuit and

include the audiotape in the pursuit package.

3.

If deemed necessary, ensure that a debriefing session be

held with the involved members within a reasonable
amount of time after the pursuit.

4.

Prepare an IDC for any pursuit that does not conform to

policy, outlining what occurred and the corrective measures
taken or recommended.

5.

Forward the pursuit package containing RPD 1408 to the

Commander of the Patrol Division within ten (10) business
days of the pursuit unless otherwise directed.

The Commander of the Patrol Division will:

1.

Review the pursuit package for completion and accuracy

and will make appropriate recommendations for follow-up
if necessary.

2.

Forward the pursuit package to the Professional Standards

Section (PSS) for review.

Professional Standards Section will:

1.

Review the pursuit package for completion and accuracy.

2.

Forward the pursuit package to the Deputy Chief of

Operations Bureau.

3.

Conduct a quarterly analysis of all pursuit packages

submitted during the quarter for police compliance and
suggested changes to policy if the policy is found to be
deficient in any respect.

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G.

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The Deputy Chief of Operations Bureau:

1.

Will review the pursuit package for completion and

accuracy and will make appropriate recommendations for
follow-up if necessary.

***ATTACHMENT***

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APPENDIX A

Pursuit is authorized for the following offenses or the attempt to

commit the offense as indicated:

Arson
Burglary in progress or immediate flight there from
Class "A" Felony Drug Offense
Felony Assault (or attempt to commit)
Felony Criminal Possession or Use of a Weapon or
Menacing with a Firearm
Forcible Rape/Sodomy (or attempt to commit)
Kidnapping/Unlawful Imprisonment (or attempt to
commit)
Leaving the scene of a personal injury motor vehicle
accident
Murder/Manslaughter (or attempt to commit)
Robbery (or attempt to commit)

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APPENDIX B
FORM COMPLETION
POST PURSUIT FORM, RPD 1408
BLOCK A
1.
CR # - Enter the CR# of the event.
2.
Agency Initiating Pursuit - Enter full name of agency, NOT initials.
3.
Date - Enter date when pursuit occurred.
4.
Initiating Officer - Enter name and rank of officer, police ID#, and unit to
which the officer was assigned (e.g., Officer J. Smith, 234, G233).
5.
Time of Initiation - Enter the time the officer began pursuit (obtained
from ECD).
6.
Fleet Vehicle # - Enter the vehicle fleet number and if the officer used
emergency lights or sirens.
7.
Additional Officers Involved - Enter all officers as in 4, above.
8.
Location of Initiation - Enter the location where officer began pursuit.
9.
Reason for Pursuit - Indicate why officer initiated pursuit.
10.
Conditions - Indicate all weather and road conditions that apply.
11.
Maximum Speed - Enter the maximum speed (mph) attained by both the pursuit
and suspect vehicle.
BLOCK B
1.
Location of Conclusion - Enter the location where the pursuit was
ended.
2.
Distance of Pursuit Supervisors will retrace the pursuit route traveled
by the pursuing vehicle and enter total miles to the nearest 1/10 mile.
3.
Length of Time - Enter the length of time of the pursuit from initiation to
termination (obtained from ECD).
4.
Reason for Conclusion - Indicate why the pursuit was concluded; in the
case of a MVA, attach the MV-104A report to this form.
5.
Charges Filed - Indicate what charges, if any, were filed and which
section(s) of law.
6.
Reason for Termination Indicate why the pursuit was terminated.
7.
Narrative - Provide a full narrative of the pursuit; attach Addendum Report if
necessary.
BLOCK C
1.
Notification Made - Indicate all supervisors notified and by whom.
2.
Related Reports and CR# - List all reports attached to this report,
including the ECD printout and their corresponding CR#s.
3.
Guidelines Followed - Indicate if guidelines outlined in G.O. 530 were
followed; the supervisor must explain in an IDC if the guidelines are not
followed.

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4.

5.
6.

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On Scene Supervisor, CO Section, CO Patrol, & Deputy Chief of

Uniformed Operations - Those individuals reviewing the report are to
sign here.
Further Review - Indicate if report is to be reviewed by any other person
after those listed in Block G or C above and by whom.
Recommendations - Enter any further actions that must be taken with
regards
to
the
officer(s)
involved
in
the
pursuit.

Rochester Police Department Post Pursuit

Form RPD 1408
CR#: 03

Time of Initiation:

Date:

Agency Initiating Pursuit:

Location of Initiation:
Initiating Member:

(Check those that apply)

Vehicle Fleet #:
Name

lights

sirens

Unit

Additional Officers Involved:

(Addendum Attached)
Name

Unit

Name

Unit

Name

Unit

Name

Unit

Block A

(Addendum Attached)
(Addendum Attached)

Reason for Pursuit:

Conditions:

Known Suspect

Criminal Activity

Assisting Other Agency

(Addendum Attached)
Other

Weather:

Clear

Cloudy

Rain

Other

Roadways:

Dry

Wet

Snow/Ice/Slush

Other

Maximum Speed:

Police Vehicle

MPH Pursued Vehicle

Location of Conclusion:

Charges Filed:

MPH

Distance or Pursuit:

Reason for Conclusion:

Block B

hrs.

Motorist Stopped
Criminal

V&T

Reason for Termination (if Terminated):

Escape
None

Length of Time:

MVA (Attach copy of MV-104A)

Other

Section

Officer Terminated

Supervisor Terminated

Narrative (Include an explanation of charges):

Related Reports and CR#:

Notifications Made:

Section

Block C

Name

SDO

Other
ID

By:

Section

Pursuit Guidelines
Followed
(As per GO 530)?

Further Review?
By Whom:

On Scene
Supervisor

YES

NO

CO Section

YES

NO

CO Patrol

YES

NO

CO PSS
DC
Operations

YES

NO

YES

NO

Recommendations:

G.O. 530

REV. 10/01

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