Are police officers required to follow the road rules? – Criminal Law & More News Here – Upjobsnews

Australia:

Are police officers required to follow the road rules?

A Victorian police officer is facing up to ten years in prison
after being charged with speeding and reckless driving
offences.

47-year old Leading Senior Constable Brad Beecroft was charged
after he allegedly travelled up to 230km/h to reach a fellow
officer who was bruised after being struck by a car on the side of
the freeway last year.

The officer activated the police vehicle’s lights and sirens
along with his in-car camera before speeding for nine kilometres to
reach the injured officer. He allegedly passed 77 vehicles on the
freeway and reached a top speed of 230 kilometres per hour to reach
his colleague, who spent a night in hospital.

A Victorian
Court heard the senior officer had a passenger and a fellow
police officer in the car, and that he holds a ‘gold class’
driver licence.

He has pleaded not guilty and is defending the charges.

Road rules and
police double-standards

While there are a number of rules that road users must abide by
when they encounter an emergency vehicle on the road, the road
rules for emergency vehicles (Police, Firefighters and Ambulances)
in the line of duty are not crystal clear in New South Wales.

A few years ago, a photograph of a female police officer talking
on a mobile phone while driving was shared to social media. The
post went viral with a lot of anger from ordinary citizens who
would be fined and lose demerits points for doing the same
thing.

At the time, the NSW Police Force issued a statement that while
it could not comment on the specific incident, police officers are
exempt from some road rules in the line of duty.

Exemption
contained in the Road Rule

Regulation 305
of the Road Rules 2014 (NSW) provides that the rules do not
apply to an authorised driver of a police vehicle if:

1. The driver is taking reasonable care,




2. It is reasonable that the provision should not apply, and




3. In the event that the vehicle is a motor vehicle that is
   moving, the vehicle is displaying a blue or red flashing light or
   sounding an alarm.

The requirement for a moving vehicle to display a flashing light
or sound an alarm does not apply if it is reasonable:

1. Not to display the light or sound the alarm, or




2. For the vehicle not to be fitted or equipped with a blue or red
   flashing light or an alarm.

A similar clause
applies in Victoria, as well as in other states and territories
across Australia.

There has been a lot of criticism over the breadth of these
exemptions, which many believe enables officers in practical terms
to drive as they please – potentially placing members of the
public in danger.

Police
pursuits

The NSW Police Force often makes reference to its
“Safe Driver Policy”, asserting that officers are
regularly trained and assessed in terms of their driving skills and
knowledge of applicable protocols.

But the policy is shrouded in secrecy, and there have been calls
for greater transparency after the death of
16-year old Jai Wright whose trail bike was hit by an unmarked
police vehicle during a chase in Sydney in February 2021. His
parents are calling for an inquest into his death.

There have also
been calls for many years for a prohibition on high speed
police pursuits, due to the dangers these pose on members of
the public.
Every year in Australia, members of the public are killed
during these pursuits including
drivers involved, passengers and members of the public.

Victoria has banned high speed police pursuits unless there is a
serious risk to public safety or a crime has been committed which
involved a serious injury.

There is no such prohibition in New South Wales.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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