Summary

This Policy and Procedure relates to Police Vehicle Collisions (PVCs) and advises officers/staff involved and their supervisors with the process to be followed.

Aims

The standards by which police vehicles are driven can affect the confidence of the public in our ability to deliver an efficient and effective service. Additionally, when these standards fall below what is expected it can cause significant reputational and financial issues for the Force. It is important, therefore, that Humberside Police (HP) has a consistent and effective reporting procedure in relation to PVCs to ensure that there is a proportionate and transparent approach to all investigations.

The College of Policing launched the Code of Ethics and Code of Practice in January 2024, which applies to everyone in policing. The Ethical Policing Principles which form the Code of Ethics are Courage, Respect and Empathy, and Public Service. These principles aim to help people in policing do the right things, in the right way, for the right reasons. The principles should be observed and adhered to at all times and in line with this policy.

Scope

This policy applies to all police officers at all ranks from constable to chief constable, all police civilian staff, special constables and volunteers.

Any reference to the term ‘staff’ below means police officer, special constable, police staff or volunteer.

Chapter 1 - Definitions

1. A PVC occurs where;

• A mechanically propelled vehicle of any description owned or operated by HP is involved, directly or indirectly, in any injury or non-injury road traffic collision.
• It includes during the course of any and all pursuits, regardless of force area, with the below exceptions.
• It includes staff using their own private vehicles on police business.
• All PVCs regardless of the below exemptions will be brought to the attention of the PC&DS panel.
• Due to the complex and diverse nature of our workforce and its operations it is impossible to write a policy that covers every conceivable circumstance. Where there is any doubt about whether to class a collision as a PVC or which persons/bodies need to be consulted post-event, please consult with a Roads Policing C/Insp or Insp who will make a binding determination as to what type of collision it is and how it will be dealt with.

2. Exemptions & Deviations

• Journeys to/from work in private vehicles. However, if a member of staff is called to immediately return to duty then they are ‘on duty’ from the time of the call and any collision on their journey is therefore a Police Vehicle Collision. At the conclusion of duty, any vehicular journey will not class as ‘on duty’ time and therefore not subject to this policy.
• Collisions where Firearms Enforced Stop or Tactical Pursuit and Containment (TPAC) tactics have been authorised, where the collision is between the police vehicle(s) or police vehicle(s) and subject vehicle.
• Collisions during the course of Cat A operational deployments where the necessary use of tactics has resulted in contact between police vehicle(s) and any other vehicle which presents a viable threat.
• Collisions during training exercises for Firearms Enforced Stops, Cat A escort, VIP escort or TPAC where the collision is between the police vehicle(s) engaged on the training exercise.
• Collisions where a police vehicle has been used as a tactic whilst employing justified, proportionate and appropriate use of force under s.3 Criminal Law Act 1977.
• Exemptions b to e above are for those officers who by the very nature of their specialist role are likely to have ‘collisions’ in order to deploy various tactics to fulfil their duty.
• All PVCs which result in damage to police vehicles are required to be reported via Tranman.
• All collisions which are recordable/reportable according to Section 170 Roads Traffic Act 1988 are still required to be recorded on CRASH and MG/NCRF.
• Where a police driver is deemed to be negligent, careless, reckless or dangerous then they will fall under the full reporting scope of this policy, regardless of the use the police vehicle was being put to at the time, in order to satisfy the objectives of the PC&DS panel and the law.
• Attached at Annex A is an MOU from 2014 between ACPO (now known as the NPCC) and the Association of British Insurers (ABI) which removes the requirement for police officers to notify their own private insurers when involved in TPAC incidents.

Chapter 2 – Policy Procedure

3. Background

• The standards by which police vehicles are driven can affect the confidence of the public in our ability to deliver an efficient and effective service. Additionally, when these standards fall below those expected it can cause significant reputational and financial issues for the Force. It is important, therefore, that Humberside Police (HP) has an effective reporting procedure to ensure that there is a proportionate and transparent approach to investigating all collisions and that any learning or training opportunities are taken.
• 2 In order to support this approach the Force has created the Police Collisions & Driving Standards (PC&DS) Panel.

4. Guidance

When considering the actions required in relation to any PVC there are three main areas of guidance that this policy outlines:

1. Police Vehicle Collision reporting
2. Suspension from driving
3. PC&DS Panel

5. PVC Reporting, Investigation and Legal Requirements

• All police staff are subject to the same legal requirements that the wider public have to adhere to. Section 170 of the Road Traffic Act 1988 imposes obligations on drivers of mechanically propelled vehicles who are involved in road accidents. This includes police vehicles.
• 170(1) This section applies in a case where, owing to the presence of a mechanically propelled vehicle on a road or other public place an accident occurs by which:

1. personal injury is caused to a person other than the driver of that mechanically propelled vehicle, or
2. damage is caused:

• • to a vehicle other than that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or
  • to an animal other than an animal in or on that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle, or
  • to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road or place in question is situated or land adjacent to such land.

• 170(2) The driver of the mechanically propelled vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle.
• 170(3) If for any reason the driver of the mechanically propelled vehicle does not give his name and address under subsection (2) above, he must report the accident.
• 170(4) A person who fails to comply with subsection (2) and (3) above is guilty of an offence.
• 170(5) If, in a case where this section applies by virtue of subsection (1)(a) (personal injury), the driver of a motor vehicle does not at the time of the accident produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act, 

1. To a constable, or
2. To some person who, having reasonable grounds for so doing, has required him to produce it, the driver must report the accident and produce such a certificate or other evidence.

• 170(6) To comply with a duty under this section to report an accident or to produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act, the driver-
• (a) must do so at a police station or to a constable (both of these require physical presence. A phone call in insufficient to meet the legal requirement), and
• (b) must do so as soon as is reasonably practicable and, in any case, within twenty-four hours of the occurrence of the accident.
• 170(7) A person who fails to comply with a duty under subsection (5) above is guilty of an offence.
• 170(8) In this section animal means horse, cattle, ass, mule, sheep, pig, goat or dog.

In all instances where a PVC occurs which is classed as a recordable ‘accident’ under the Road Traffic Act 1988 a CRASH report must be submitted. This report must contain a detailed description of:-

• The scene
• How the collision has occurred
• Details of any CCTV, dash-cam or mobile phone footage and reference to where a copy of such can be located. If available then obtain a copy.
• Damage caused to all vehicles, third party property and street furniture.
• Photographic images of all vehicles and property including relevant damage to be attached to the CRASH report.
• Telematics data

• Collisions where minor damage is caused to a police vehicle and there are no injuries or damage to third party property, a TRANMAN incident report will suffice.
• All PVCs where damage is caused to a vehicle owned or operated by HP must have a supervisor informed and a TRANMAN incident report submitted.
• Where a police vehicle is subject to criminal damage a supervisor must be informed, and a TRANMAN incident report and a crime report must be completed.
• Where damage is found of an unknown origin this must be reported to a supervisor and a TRANMAN incident report submitted.
• In the case of PVCs where either injury occurs or police drivers were using their emergency equipment or Road Traffic Act exemptions, a detailed covering report will be sent via email to ‘SPOC Police Vehicle Accidents’. This must include all the information requested at 3.2 and any reference details i.e. CRASH, Log/Crime numbers.
• Where injury to a member of staff is as a result of a PVC then an ‘Injury on Duty’ form must also be completed.
• In all instances where use of force has been delivered by an officer using a vehicle under s.3 CLA 1977 then a use of force report will be required.
• A supervising police officer (Initial Investigating Officer (IIO)), where practicable of a higher rank to the staff member involved, will attend the scene of the collision and deal with it in accordance with the above processes. The IIO must list themselves as an investigator on the CRASH system.
• 10 There must be no examination of any recording system in the vehicle, prior to the arrival of the IIO.
• Police supervisors from individual Commands have the primary responsibility for attending and dealing with PVCs involving staff from their Commands. Where PVCs appear to be of a more serious nature (due to the level of injury suffered or the possibility of prosecution) early consultation must take place with a RP supervisor. Discussion and agreement on the need for additional safeguards and assistance from specialist resources will follow.

 

Listed below are the reporting requirements/responsibilities for the various categories of PVC.

• Any damage only or minor injury PVC will be dealt with by a police supervisor from the command where the driver is based.
• Any PVC where a police staff member is the driver will be reported to a police officer as per the Road Traffic Act 1988. (see 3.1). That officer should, in the first instance, be a Police Sgt or Inspector.
• Any PVC involving Chief Officers (Police or Civilian) should be reported to the Head of the Roads Policing Unit. Out of hours this should be directed to the duty RPU supervisor.
• Any PVC which involves serious injury or a fatality will be dealt with in the first instance by RP supervision and will be subject to oversight or direct supervision by the Serious Collisions Unit. The investigation of any such incident will be subject to IOPC notification and guidance, via PSB.

• In the vast majority of PVCs a scene and vehicle examination will not be required. Such in depth investigation will generally only be required for serious PVCs involving significant injury, or when serious offences are suspected to have been committed. Such occurrences will ordinarily have a RP supervisor identified as the IIO. The IIO will assess the evidence and determine if a scene and/or vehicle examination is required. On the occasions when an examination is considered for a non-serious RTC the attending police supervisor should consult with the Serious Collisions Unit (SCU) Sgt/Insp or a RP Sgt/Inspector for advice and guidance.
• All PVCs where there is the potential for a prosecution (regardless of the level of injury) against a member of staff must be referred to the SCU supervision for advice and guidance. All PVCs with a potential outcome of prosecution or other out of court resolution must be referred to the SCU Inspector (or designated deputy) to perform the evidence review decision. The case will be then forwarded to the CJU Chief Inspector to undertake the final decision-making process.
• All members of staff are responsible for complying with the conditions of their private vehicle insurance schedules. In particular any requirement to inform the insurance company of any RTC’s, including PVCs. This does not apply to TPAC authorised pursuits and authorised Firearms Enforced Stops.

6. Suspension from Driving

In the case of all PVCs, the attending police supervisor will initially suspend the driver’s police vehicle driving authority. Following the initial investigation and review of the circumstances the supervisor can reinstate the driving authority if certain circumstances apply. Such circumstances apply if there is clear evidence to show;

• The police driver was not at fault.
• The police driver did not contribute in any way to the collision occurring.
• There are no injuries to any party involved.
• The collision did not occur in the course of a pursuit.
• There is no evidence to suggest the police driver has committed any offences.
• The collision was not as a consequence of the police driver using legal exemptions or emergency warning equipment.

An example would be where a vehicle has driven into the rear of a stationary police vehicle at some traffic lights. In such circumstances the CRASH, TRANMAN and covering reports are still required (see 3.2, 3.3, 3.6)

In all other cases the driver should remain suspended until the incident has been assessed by the police driver’s second line manager who may reinstate in the following circumstances;

• No injuries have been sustained by any involved party.
• The collision was not as a consequence of the police driver using legal exemptions or emergency warning equipment.
• There is no evidence to suggest the police driver has committed any offences.
• There are no additional training needs identified
• A record is kept of the rationale to reinstate the police driver’s authority.
• If the second line manager has any concerns regarding the police driver in respect of their driving skills, attitude or the number / frequency of PVCs, the manager has the discretion to refer any collision to the Driver Standards Panel.
• Any collision involving injury, the use of legal exemptions or emergency warning equipment MUST be referred to the PC&DS panel and the police driver must remain suspended from driving.

• Incidents where a second line manager has reinstated a police driver’s authority shall be subject of dip-sampling by the Driver Standards Panel for quality control purposes.
• In any PVC where the possibility of a prosecution against an officer/police staff member exists the driver’s authority cannot be reinstated without the approval of the SCU Inspector.

7. Police Collision & Driving Standards (PC&DS) Panel

The Panel will be chaired by the Head of Roads Policing (or a designated deputy in their absence). Membership will consist of;

• Inspectors from the RPU and / or SCU
• Representatives from North and South Bank Communities Command SLT
• Fleet (ESFM)
• Driver Training
• Other representatives felt necessary to aid and support the business of the Panel

The purpose of the PC&DS Panel is to:-

• Ensure consistency in dealing with PVCs through advice, training, individual and organisational learning (as appropriate).
• Promote a culture of continuous improvement in the standards of driving for all HP staff.
• Ensure any learning (individual or organisational) is disseminated to the appropriate audience to maximise benefits.
• Identify poor driving practices/standards with the intention of improving driving standards, reducing PVCs and reducing the financial cost of vehicle repairs/replacement.
• Identify PVCs with the potential for organisational liability (internal or to a 3rd party) and ensure referral to the appropriate area of business (Legal Services, PSB, Health and Safety Group).
• Ensure that action taken by local supervisors is proportionate and appropriate.
• Maintain a record of Actions and Decisions as an auditable record.
• The PC&DS Panel will convene on a regular basis to consider PVCs and the suitability of any officer or member of staff to hold a driving authority. The Panel will consider the PVC alongside the driver’s driving history, any pattern of PVCs and any concerns raised by their supervisor.
• 4 The PC&DS will not make judgements on any professional conduct or discipline breaches/offences. It will review all the circumstances of a PVC and take cognisance of Police (Conduct) Regulations 2012 and Police (Performance) Regulations 2012. If thought necessary it may make relevant departments/SLT’s aware for their consideration.
• If necessary the Panel may request further information from local supervisors to determine how a PVC investigation should be finalised.

Having reviewed the evidence the Panel may make determinations regarding a staff members driving authorities and necessity for training. This can include, but is not limited to;

• Advice to a driver
• Authority suspended pending assessment by Driver Training
• Removal of specific driving authorities
• All Panel decisions will be notified to the appropriate SLT.

8. Appeals

• If a member of staff wishes to appeal the Panel decision this should be addressed to the Supt Head of Specialist Operations Uniform.