BCH 13/001 Traffic Enforcement Cameras Procedure

Transcription

1 BCH 13/001 Traffic Enforcement Cameras Procedure. 19/02/ :37:18 Page 1 of 12

2 TABLE OF CONTENTS 1. INTRODUCTION... Error! Bookmark not defined. 2. APPLICABILITY Inclusions Exclusions DETAIL TRAINING AND ACCREDITATION REQUIREMENTS ASSOCIATED DOCUMENTATION Legislation/ National Guidance... Error! Bookmark not defined. 5.2 Strategy/ Plan Policies Procedures Forms (National/ Local) WHO TO CONTACT ABOUT THIS PROCEDURE EQUALITY IMPACT ASSESSMENT /02/ :37:18 Page 2 of 12

3 1. INTRODUCTION 1.1 This procedure establishes guidance to support the Collaborated Police Strategic Police Plan relating to improving road safety and give guidance to Collaborated Police and Staff. 2. APPLICABILITY 2.1 Inclusions This policy and associated procedure applies to Police Officers and Police Staff for Bedfordshire Police, Cambridgeshire and Hertfordshire Constabulary s employed within the Joint Protective Services (JPS) Roads Policing Teams and all Cameras Tickets and Collisions Unit (CTC) Staff Emergency Services 2.2 Exclusions All other persons not employed by for Bedfordshire Police, Cambridgeshire and Hertfordshire Constabulary s. 3. DETAIL 3.1 Policy The policy of JPS Roads Police and CTC is to support the Strategic Police Plan relating to improving road safety. 3.2 Definitions CTC refers to cameras, tickets and collisions, collaborated unit ACPO refers to the Association of Chief Police officers HMCTS refers to Her Majesty s Courts and Tribunal Service 3.3 Responsibilities This Standard Operating Procedure contains legislative and procedural guidance concerning Traffic Enforcement Cameras. 19/02/ :37:18 Page 3 of 12

4 Procedure 3.4 STATEMENT Traffic Enforcement Cameras include fixed and average speed cameras and red light cameras all of which are located or used at various sites across the 3 counties Sites are selected in consultation with local authority partners across the 3 counties The primary aim of partnership working is to reduce road casualties/collisions in specific areas. 3.5 PROSECUTION DECISION Offenders detected by the camera equipment may be dealt with by way of ToRs, Conditional Offer Fixed Penalty Notice, diversionary courses or summons sent by post Decisions regarding prosecution are the responsibility of the CTC. 3.6 CAMERA OPERATION Day to day operation of the cameras is the responsibility of the CTC Camera Operations Manager. 3.7 FILM/VIDEO PROCESSING Processed film and DVDs will be processed, stored and disposed of by the CTC Unit. 3.8 CENTRAL TICKET OFFICE The CTC will be responsible for the processing and administration of all Camera Detected Offences. 3.9 SUMMONS Offenders exceeding 26 mph over the prescribed limit as within the agreed ACPO guidelines for fixed penalty notices, will be dealt with by way of summons 3.10 PORTABLE SYSTEMS Mobile enforcement cameras are in use using Home Office Typed Approved equipment to carry out speed checks at selected locations. 19/02/ :37:18 Page 4 of 12

5 Offenders will not be stopped at the time of the offence, but will be dealt with by utilising the same process system as that used for fixed traffic enforcement cameras CAMERA ACTIVATION BY EMERGENCY SERVICE VEHICLES With regard to this policy Emergency Vehicles means a vehicle being used for Ambulance, Fire or Police service purposes Provision exists in law to protect drivers of emergency vehicles from prosecution for excess speed or red light offences, dependent upon the use to which the vehicle is put at the time. There is no blanket exemption for these offences, and each decision concerning a case must be capable of justification to preserve the integrity of the operators and the Police service The Police service is unique in that it seeks to avail itself of this exemption and is also obliged to arbitrate on apparent offences by other emergency services. It is important, therefore, to be seen to apply equitable standards for the safety and reassurance of the public THE LAW Section 87 Road Traffic Regulation Act 1984 provides that: No statutory provision imposing a speed limit on motor vehicles shall apply to any occasion when it is being used for Fire Service, ambulance or police purposes, if observance of that provision would be likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion It is clear that each case must be assessed on its merit A police car driven by a police driving instructor on an exercise is being used for police purposes. R v Abraham (1980) RTR We are reminded by Gaynor -v- Allen (1959) 1 QB 403; all ER 664 that this section in no way qualifies a police drivers civil liability for negligence A duty of care is placed upon the drivers of these vehicles as displayed in Gaynor -v- Allen and by the rider in Regulation 33(1)(b) of the Traffic Signs Regulations and General Directions This regulation states that: when a vehicle is being used for Fire Service, Ambulance or Police purposes and the observance of the prohibition conveyed by the red signal would be likely to hinder the use of that vehicle for the purpose for which it is being used then the restriction shall not apply to the vehicle, and the red signal shall convey the prohibition that the vehicle shall not proceed beyond the stop line in a manner or at a time likely to endanger any person or to cause the driver of any vehicle proceeding in accordance with the indications of light signals operating in 19/02/ :37:18 Page 5 of 12

6 association with the signals displaying the red signal to change its speed or course in order to avoid an accident Legal exemptions for emergency vehicles do not include driving at a speed or in a manner that is either dangerous or careless When responding to a call an emergency vehicle driver should address the following questions: Is an urgent response necessary? What are the prevailing traffic conditions? How far do I have to travel to the call? Is the use of legal exemptions justified? Is the vehicle suitable for the purpose? The standard of driving of emergency vehicles must be above reproach to set a proper example and gain the respect and co-operation essential to the task. Officers and staff must bear in mind that they may be liable to prosecution if their actions are such that they fall below a safe standard. The responsibility rests solely with the driver The Verifiers are responsible for viewing all films/videos in relation to traffic camera offences. Close examination must be given to ensure that the film/dvd gives clear and unambiguous evidence of an offence, and provides a record of all the information required by type approval Where the vehicle is a marked emergency vehicle the Verifiers will ensure that the incident is recorded on the CTC Startraq system. It will be assumed that all marked emergency vehicles are being used for emergency purposes whether or not emergency equipment is in operation and the incident will be recorded for no further action, unless other evidence or circumstances exist as listed in paragraph Random dip samples will be undertaken for 10 incidents per month per county (total 30) where a marked emergency vehicle has contravened a speed restriction or automatic red traffic signal Dip sampling will be undertaken for emergency vehicles used for Fire Service, Ambulance and Police purposes Other evidence or circumstances that may be considered are, the time of day, other traffic conditions, speed recorded and weather conditions etc. If an automatic traffic signal, the speed of the vehicle against the time lapse since the signal turned red Where the vehicle is an unmarked emergency vehicle the Verifiers will ensure that the incident is recorded on the Startraq system. Where the vehicle is identified as one used on behalf of one of the Beds/Herts/Cambs Emergency Services a Notice of Intended Prosecution will be issued by the CTC and forwarded to nominated Organisation/Divisional/Department liaison officers for enquiries and completion. 19/02/ :37:18 Page 6 of 12

7 Incidents involving unmarked vehicles will not be accepted on face value as at paragraph above. It will be for the driver of those vehicles to satisfy the requirements of any exemption against prosecution In all other cases involving emergency vehicles a Notice of Intended Prosecution will be forwarded to the service concerned for action to be taken, in line with the guidance provided on the notice Where a decision to prosecute is recommended, the matter will be dealt with Where the driver is identified as an employee of Beds/Herts/Cambs Police. Any claim for exemption against prosecution must be submitted using the CTC Exemption Request Form through their Divisional/Departmental Superintendent, who will decide whether a prosecution is appropriate in the circumstances In cases where it is decided to take no further action against a Police vehicle driver, it is still possible that the speed recorded or the manner in which the vehicle was driven is considered excessive or inappropriate. In these circumstances the incident may be referred to the driver training Department It will be the responsibility of the Camera Ticket Office Manager/Camera Operations Manager to conduct regular recorded dip sampling to ensure compliance with the above policy and provide statistical data to Organisations/Divisions/Departments every quarter in order that any necessary feedback can be given to staff. 4 TRAINING AND ACCREDITATION REQUIREMENTS 4.1 None 5 ASSOCIATED DOCUMENTATION 5.1 Legislation/ National Guidance ACPO Guidelines for Fixed Penalty Notices ACPO Speed Enforcement Guidelines Road Traffic Regulation Act 1984 Traffic Sign and Regulations and General Direction Strategy/ Plan None 5.3 Policies Beds/Herts/Cambs Police Fixed Penalty Notices Policy Beds/Herts/Cambs Police Speed Enforcement Policy 5.4 Procedures BCH13_003 Fixed Penalty Notice Procedure 19/02/ :37:18 Page 7 of 12

8 Beds/Herts/Cambs Police Speed Enforcement Procedure 5.5 Forms (National/ Local) None 6 WHO TO CONTACT ABOUT THIS PROCEDURE Manager of the Joint Cameras Tickets and Collisions Unit 7 EQUALITY IMPACT ASSESSMENT EQUALITY IMPACT ASSESSMENT Name of Sponsor Name of Author Description of proposal being analysed Bedfordshire Police/Hertfordshire & Cambridgeshire Constabulary / BLCRP / Emergency Services Police Staff 4114 O010 Traffic Enforcement Cameras Standard Operating Procedure Date assessment started Date assessment finished October 2013 October 2013 This assessment is being undertaken as a result of: Delete as appropriate A new or updated policy or procedure. Any business process including operational and managerial decisions A result of organisational change Part of a project proposal Procurement Other (please state) Note For ease of use of this document, we will refer to all of the above as proposal STEP 1 Relevance The general duty is set out in section 149 of the Equality Act In summary, those subject to the Equality Duty must have DUE REGARD to the need to: eliminate unlawful discrimination, harassment and victimisation; advance equality of opportunity between different groups; and foster good relations between different groups. 19/02/ :37:18 Page 8 of 12

9 Authors have a statutory requirement to have DUE REGARD to the relevant protected characteristics shown below, whilst taking a common sense approach age disability gender reassignment marriage & civil partnership* pregnancy and maternity race religion or belief sex sexual orientation *marriage and civil partnership the analysis applies only to the elimination of unlawful discrimination, harassment and victimisation. Section 23 of the Equality Act 2006 allows the Equality and Human Rights Commission (EHRC) to enter into a formal agreement with an organisation if it believes the organisation has committed an unlawful act. Under section 31 of the Equality Act 2006, the EHRC can carry out a formal assessment to establish to what extent, or the manner, in which a public authority has compiled with the duty. Additional guidance can be found by accessing the EHRC website: Does this proposal have a direct impact on people who: a) are any part of the Police workforce (including volunteers)? b) reside in any part of England and Wales YES Police Officers and Staff of Bedfordshire, Cambridgeshire and Hertfordshire Police Forces. NO If NO to both questions Explain why and give rational No Further Action and Return to Sponsor for Authorisation If Yes to either question Continue through to Step 2 STEP 2 Consultation / Engagement You should engage with those people who have an interest in how you carry out your work generally, or in a particular proposal. This may include former, current and potential service users, staff, staff equality groups, trade unions, equality organisations and the wider community. In deciding who to engage, you should consider the nature of the proposal and the groups who are most likely to be affected by it. The proposal owner (Sponsor/Author) must be satisfied that consultation / engagement will take place with the relevant business lead and stakeholders. This MUST include engagement with the following relevant groups: 19/02/ :37:18 Page 9 of 12

10 Equality and Diversity Specialist Staff Associations Staff Support Groups Relevant community groups and members of the public In addition, consider who else should you consult with internally and externally? Who might be affected? Does what you are considering further the aims of the general duty, to eliminate unlawful discrimination, harassment and victimisation; advance equality of opportunity between different groups; and foster good relations between different groups. Identify the risks and benefits where applicable, according to the different characteristics. Positive Impact or Benefits Negative Impact or Risks Age (Consider elderly or young people) Disability Groups (Consider physical, sensory, cognitive, mental health issues or learning difficulties) Gender Reassignment (Consider transgender, Transsexual, Intersex) Marriage & Civil Partnership Pregnancy and Maternity Race and Ethnic origin includes gypsies and travellers.(consider language and cultural factors) Religious / Faith groups or Philosophical belief (Consider practices of worship, religious or cultural observance including non belief) Sex (Male, Female) Sexual orientation (Consider known or perceived orientation, lesbian, gay or bisexual) 19/02/ :37:18 Page 10 of 12

11 Have you considered how this decision might affect work life balance? (Consider caring issues re: childcare & disability, safeguarding issues, environmental issues, socio economic disadvantage, and low income families.) Positive Impact or Benefits Negative Impact or Risks STEP 3 Assessment Complete the assessment by analysing the effect of your proposal and detail the outcomes. What were the main findings from any consultation carried out? What feedback has been received? Using the information you have gathered and consultation that you have undertaken answer the following questions. This will help you to understand the effect on equality your proposal might have. Has the feedback indicated any problems that need to be addressed? Describe and evidence any part of the proposal which could discriminate Can the adverse impact identified be justified as being appropriate and necessary? If so, state what the business case is: Where impact and feedback identified, what, if anything can be done? What outcome will be achieved that demonstrates a positive impact on people? STEP 4 - Monitoring and Review Equality Impact Assessment is an ongoing process that does not end once a document has been produced. What monitoring mechanisms do you have in Any complaints or issues would be monitored by place to assess the actual impact of your senior management and appropriate action proposal? taken. Review Date: The first review will take place within six months First review must be no later than one year. of publication. STEP 5 - Sign Off Once the Equality Impact Assessment is complete it should be signed off by the Proposal Sponsor. 19/02/ :37:18 Page 11 of 12

12 This sign off is confirmation that the analysis is accurate, proportionate and relevant and actions will be delivered as required. Approved by Senior Officer / Proposal lead Having considered the potential or actual effect of this proposal on equality, our consideration is that due to the technical nature of this and together with the fact that this is builds upon the previous held Policy and Procedure, that the proposal is robust and there is no potential for unlawful discrimination. Date: 19 December 2013 Name: Hazel Robertson 19/02/ :37:18 Page 12 of 12