Policy on Observing Speed Limits

The request was partially successful.

Dear Sir/Madam,

Please could you provide the following information about the Tayside Police force.
(1) Is there a policy that police vehicles must observe speed limits whilst being driven for routine police work (i.e. excepting emergencies)?
(2) If there is a policy, what form does it take? If there is a written policy, please supply a copy.
(3) If there is a policy, is the policy being monitored, and if so, how?
(4) If there is a policy being monitored, what were the results of the latest assessment? Please supply any relevant documents.

Thank you,

John Dean

FIID \(FOI\),

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Our Ref:       FOI 131-12

E-mail:         [Tayside Police request email] for all correspondence
relating to FOI requests

 

Dear Mr Dean

 

I write to acknowledge receipt of your request for information under the
Freedom of Information (Scotland) Act 2002, received on 26 March 2012.

 

Your request is now currently being processed by this department and under
the terms of this Act, there are 20 working days allowed to respond to you
following the date of receipt of your request.  Please note, however, that
there may be a fee payable for the retrieval, collation and provision of
the information requested.  You will be advised of this should a payment
be required and no information will be supplied prior to receipt of the
fee.

 

If you require any further information or assistance, please do not
hesitate to contact me on 01382 596169.

 

Regards,
 
Wendy Snedden
Freedom of Information Officer
Crime & Intelligence Division
Tayside Police
Tel:       01382 596169
Fax:      01382 596048
Email:   [1][Tayside Police request email]
 

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may be in nature, legally privileged and protected in law.

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offence. You should be aware that all Tayside Police email communications
may be subject to disclosure under the Freedom of Information (Scotland)
act 2002.

References

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FIID \(FOI\),

NOT PROTECTIVELY MARKED

Our Ref: FOI 131-12

E-Mail:   [Tayside Police request email] for all correspondence
relating to FOI requests

 

Dear Mr Dean

 

I refer to your request of 26 March 2012 seeking information under the
Freedom of Information (Scotland) Act 2002, as detailed in full below.

 

Having considered your request in terms of the above Act, I would respond
as follows.

 

Q1  Is there a policy that police vehicles must observe speed limits
whilst being driven for routine police work (ie excepting emergencies)?

      Tayside Police holds a ‘Police Vehicle Use and Driver Training’
Policy and Guidance document which provides guidance on this matter.

 

Q2  If there is a policy, what form does it take?

      The policy detailed in Q1 above is a written policy which is also
available to officers and staff in electronic format.

 

Q3  If there is a written policy, please supply a copy.

      Under Freedom of Information legislation, there is no obligation for
public authorities to provide actual copies of documents – the onus lies
in the provision of information.  Accordingly, the following is a summary
of the information contained in the ‘Police Vehicle Use and Driver
Training’ Policy and Guidance document which specifically relates to the
observation of speed limits.

 

      Driving Standards - Speeding

      There is an obligation on all authorised drivers to adhere to
guidance contained within the Highway Code, to drive safely, within their
own capabilities, and in accordance with their training, having regard to
the type of vehicle, as well as road, weather and traffic conditions.  No
circumstances justify any form of driving which endangers life.

      The speed at which a vehicle is being driven must be proportionate
to the situation.  Speed limits will not be exceeded at any time unless
there is an operational requirement to attend emergency or priority grade
calls or other similar situations.

      It is emphasised that police vehicle drivers must, at all times,
make reasoned and justifiable decisions to exceed any speed limit and that
the speed they use is safe and proportionate to all of the existing
circumstances and in accordance with their level of training.  Discretion
will be exercised in such situations but vehicles must, at all times, be
driven in such a manner as to ensure that safety is not compromised.

      Statutory Exemption – Speeding

      Posted speed limits, traffic signals and direction signs must be
adhered to unless police officers are dealing with operational matters or
engaged in vehicle pursuits, or emergency and priority response.  In such
cases, all personnel must drive at speeds in accordance with their level
of training.

      In respect of speeding, the Road Traffic Regulation Act 1984 Section
87(1) provides for a statutory exemption from prosecution from speeding
for emergency services vehicles as follows:

      (1)  No statutory provision imposing a speed limit on motor vehicles
shall apply to any vehicle on an occasion when it is being used for
ambulance or police purposes or for or in connection with the exercise of
any function of a relevant authority (as defined in Section 6 of the Fire
(Scotland) Act 2005), if the 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.

      (2)  Subsection (1) above applies in relation to a vehicle being
used –

            (a) for Serious Organised Crime Agency purposes, or

            (b) for training persons to drive vehicles for use for
Serious Organised Crime Agency purposes, as it applies in relation to a
vehicle being used for police purposes.

      (3)  But (except where it is being used for training purposes by
whom it is being driven) subsection (1) above unless it is being driven by
a person who has been trained in driving vehicles at high speeds.

      In situations where a police vehicle is detected speeding, the
circumstances of the case are considered by the Chief Inspector,
Headquarters Road Policing Unit who will decide to authorise such an
exemption or otherwise.

      In considering such incidents, it is clear that each case must be
assessed on its own merit.  Factors taken into consideration are the
nature of use of the vehicle and the driver, the nature of the incident
involved, the location, type of road and speed recorded, time of day,
traffic and weather conditions, and use of emergency lighting equipment. 
These are duly considered and an exemption request is granted or declined
as appropriate.

Q4  If there is a policy, is the policy being monitored, and if so, how?

&

Q5  If there is a policy being monitored, what were the results of the
latest assessment? Please supply any relevant documents.

      Information pertaining to the ‘monitoring’ of police vehicles
detected speeding is provided in my response to Question 3 above under the
sub-heading ‘Statutory Exemption – Speeding’.  There is no active
monitoring undertaken, as per context of your request, but there are
processes and procedures in place where any incidents or complaints that
occur or arise are reviewed accordingly on a case by case basis.

   

I trust the enclosed information will be of assistance to you.  However,
if you are not satisfied with the way in which your request has been dealt
with, you are entitled, in the first instance, to request a review of the
decision made by the Force.  Should you wish to request such a review,
please write to me within 40 days of receiving this communication.  I will
arrange for a senior officer, who has not been involved in the decision
making process, to conduct a review as required by the Act.  If, after
having been informed of the review panel's decision, you are still not
satisfied, you are then entitled to apply to the Scottish Information
Commissioner for a decision.  You have 6 months from the date of the
review response in which to do so. The contact details are the Office of
the Scottish Information Commissioner, Kinburn Castle, Doubledykes Road,
St Andrews, Fife, KY16 9DS, telephone 01334 464610.

 

Regards,
 
Wendy Snedden
Freedom of Information Officer
Crime & Intelligence Division
Tayside Police
Tel:       01382 596169
Fax:      01382 596048
Email:   [1][Tayside Police request email]
 

NOT PROTECTIVELY MARKED

This communication is intended for the person(s) or organisation named and
may be in nature, legally privileged and protected in law.

If you are not the intended recipient please advise us immediately and do
not disclose, copy or distribute the contents to any other person.

Failure to comply with these instructions may constitute a criminal
offence. You should be aware that all Tayside Police email communications
may be subject to disclosure under the Freedom of Information (Scotland)
act 2002.

References

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1. mailto:[Tayside Police request email]