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Summary of Changes
Additional information has been added to the Category 1 and 2 vehicles in section 3.1;
(180 PS and above) and (up to 179 ps) respectively.
2.0
General Principles
Any driving undertaken on behalf of Essex Police by any Essex Police staff will only
be undertaken with the express permission of Essex Police. Delegated responsibility
for management of this permission rests solely with the Head of Driver Training. Any
appeals will be decided by the Chief Inspector at Essex Police College who will be the
final arbiter in all cases.
Any police officer or police staff member undertaking any form of driving activity will
only do so under circumstances in which they have received sufficient training or
assessment relevant to the type of driving they are required to undertake.
A police officer or police staff member may only drive a category of vehicle, on behalf
of Essex Police, for which they hold a legal entitlement, and have been suitably
trained or assessed and authorised to drive.
It is recognised there will be exceptions to these principles. These exceptions will only
be in the most extreme EMERGENCY circumstances in which there is an immediate
danger to any person.
2.2
Legislation
Driving of police vehicles is strictly regulated. With the introduction of the Section 19
Road Safety Act 2006, all drivers are reminded that they may not only face disciplinary
action, but may now also commit offences.
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Section 87 of the Road Traffic Regulation Act 1984 provides an exemption from speed
limits for staff driving a police vehicle if observance of the limit would be likely to
hinder their use for which they are being use on that occasion.
There is no exemption unless the member of staff has satisfactorily completed a
course of training in the driving of vehicles at high speed provided in accordance with
regulations (e.g. advanced/response driving course), or is driving the vehicle as part of
such a course.
Other high speed driving may be undertaken off-road by vehicle technicians for road
testing or diagnostic purposes where authorised by the Head of Transport Services.
Driving under emergency conditions using blue lights or the emergency audible
warning equipment shall only be undertaken by police officers or police driver trainers
who have undergone or are undergoing the necessary high speed response training,
and who have demonstrated, and continue to demonstrate, that they have the
necessary skills and aptitude to do so without endangering themselves, the public or
other members of staff.
No other member of staff, other than an authorised police officer or police driver
trainer, is permitted to drive under emergency conditions at any time. Any staff
member doing so may face disciplinary proceedings or prosecution.
Police officers and staff who are not current authorised response drivers must not use
emergency warning equipment while the vehicle is in motion unless to stop another
vehicle in accordance with the Road Traffic Act. Officers and staff must ensure they
apply the health and safety requirements embedded within Fast Roads Training which
are relevant to the location or circumstances in which they have decided to stop their
vehicle. All Road Traffic Regulations must be complied with, including any conditions
associated with their driving authority.
It is the responsibility of all members of staff to uphold the principles of this policy, and
the responsibility of every supervisor, to ensure that staff only drive in accordance with
their authority.
Staff members including police officers, whilst driving police vehicles, are not exempt
from prosecution for offences such as dangerous, careless or inconsiderate driving.
Each incident will be judged on its own merits.
See the following ACPO letters/guidance:
ACPO Holt Dangerous and Careless Driving Mitigating Risk of Prosecution
Letter
ACPO Holt Dangerous and Careless Driving Mitigating risk of Prosecution
Compliance with this procedure and any governing policy is mandatory.
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Without exception, only those vehicles authorised for use by the Head of Transport
Services will be permitted for use by Essex Police. These include fleet vehicles, those
hired, loaned, leased or seized by Essex Police. In respect of staff members, their
own vehicles would be deemed suitable unless there is any information to the
contrary. Where there is any doubt over their suitability, the authority of the Head of
Transport Services should be gained prior to their use.
Transport Services, in consultation with Driver Training, will determine the
classification of an approved vehicle.
All vehicles within the Essex Police fleet will be clearly marked with their
categorisation which can be found in the vehicle log book, on the first page. All
vehicle details will also be maintained on the Transport Services intranet site under
Vehicle Catalogue which will regularly be updated.
Category 1 High performance vehicles as listed in the Vehicle Catalogue (180 PS
and above) (OPC and Executive Support).
Category 2 Marked and unmarked cars and people carriers (up to 9 people) not
exceeding 2500 Kilograms GVW (not listed as high performance). This
will include SMART cars, car derived vans and small vans such as the
Transit Connect and Peugeot Expert (up to 179 PS).
Category 3 Marked and unmarked panel vans not exceeding 3500kgs GVW (that
may be driven on a car licence i.e. up to 9 people including the driver,
this will include the seats provided within any prison cell contained
therein)
Category 4 PSU carriers/personnel carriers that require D1 DVLA licence (i.e. is
capable of carrying more than 9 people but not more than 17 people
including the driver)
Category 5 Marked and Unmarked Motor Cycles
Category 6 Four by four vehicles and all other specialist vehicles not included above
and subject to separate assessment for authorisation. These vehicles
may require an additional category on the drivers DVLA driving licence
(shown in brackets) e.g. LGV (C), mobile police stations (C1), PCV (D)
and trailers (E)
Further guidance can be found within the Essex Police Vehicle Catalogue
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Training
Details of driver training are held on SAP and on the Drive database and are
maintained by the Driver Standards Department (DSD). All driving records are
electronically managed.
3.4
The supervisory role no longer carries with it any form of exemption or additional
permission to drive vehicles unless they have received the appropriate training.
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Authorisation to drive any type of vehicle for police purposes will be at the discretion of
the Head of Driver Training or Deputy following the successful completion of the
relevant courses or assessment:
A
3.5
Towing
Any staff member required to tow a trailer must be suitably assessed or qualified by
an Instructor or Assessor before undertaking such activity. In emergency situations
the towing of a vehicle or trailer, to prevent immediate danger to life, may be
undertaken by untrained drivers.
3.6
Drivers Hours
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Supervisors must ensure that in an emergency situation where they are to require
a staff member to continue driving without a break, they should be sure the
circumstances justify the decision, and a dynamic risk assessment should be
carried out in which they consider amongst other factors the following:
rotating drivers
allowing a short break from driving
advising the driver to take a caffeine based drink
selecting the most appropriate member of staff
Supervisors and managers have a responsibility to monitor the driving undertaken
by their staff on behalf of Essex Police to attempt to ensure driver hours are not
excessive and fatigue does not become a factor.
Commuting Fatigue
Supervisors and managers must consider the length of time a staff member has
been required to remain at work in any 24 hour period, in order to complete their
tour of duty. Additionally, the cumulative effect of working excessive hours can
have a seriously detrimental effect on a staff members ability to drive safely.
Staff members should bring to the attention of a supervisor if they are suffering
from fatigue and feel their ability to drive home at the end of a tour of duty might be
seriously impaired.
In these circumstances, the supervisor or manager must consider the following in
addition to any other relevant factors:
Lift share with another less tired staff member;
Allocating another staff member to provide a lift home;
Calling a taxi for the staff member;
The provision of overnight accommodation. This process should be agreed
with the local Business Manager.
3.7
There are a small number of police officers and staff authorised to drive vehicles of
this category on behalf of Essex Police. These individuals, whether driving on or off
duty, must understand and acknowledge their legal responsibilities in relation to
drivers hours and records. Advice can be sought from Road Policing Trainers at
Practical Skills Centre.
Drivers hours are strictly monitored and the number of staff members authorised to
drive the above mentioned vehicles for police purposes has been rationalised.
Vehicles within this category will only be used for police purposes and are not to be
loaned or used for any other organisation.
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Any person involved in the driving of vehicles outside of their Essex Police duty time,
must ensure that if their driving falls within Regulation (EC) No 561/2006 Regulations
governing drivers hours, they must comply with this regulation.
Any person who works for Essex Police and also drives outside of the course of their
work with Essex Police for business or on a voluntary basis, vehicles such as:
passenger carrying vehicles intended to carry more than nine persons including
the driver, and are intended for that purpose;
goods Vehicles over 3.5 tonnes requiring the keeping of records;
must ensure they keep accurate records and take adequate rest periods, and make
them available to Essex Police on demand.
Any staff member, or other person, who drives on behalf of Essex Police, who has an
additional business interest that involves driving, must ensure the business interest is
agreed with the Vetting Unit, Essex Police HQ, who will enquire as to the nature of the
driving undertaken. Certain occupations will be incompatible with employment with
Essex Police as a result of this legislation.
Any person, whose main occupation primarily involves the driving of vehicles within
the scope of these Regulations, will not ordinarily be accepted as a Special Constable.
Any decision will be at the discretion of the Vetting Unit in consultation with the DSD
It is the drivers responsibility to monitor their own record keeping and drivers hours.
Managers also need to check the records if they are aware such a situation exists.
3.9
Police vehicles are not equipped with child restraint seats and therefore will not be
used to convey children who are not old enough to use the fitted seatbelts.
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Head Restraints
Head restraints are fitted to the cars, vans, personnel carriers and similar type
vehicles in the Fleet. All police drivers must ensure that head restraints are correctly
adjusted.
3.11
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Risk Assessment
It is the responsibility of every driver to continually dynamically assess the risks
associated with driving at high speed in accordance with the following:
Road Conditions;
Traffic Conditions;
Time of day and location;
Nature of the incident to which they are attending.
6.0
Consultation
Diversity / H&S
Unison / Federation
7.0
8.0
9.0
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