Not Protected
.
Wiltshire Police
Recording and Investigation of Road
Traffic Collisions Procedure
Implementation date
and version number
Version 5.0
Suitable for Publication
Yes
Protective Marking
Not Protectively Marked
PRINTED VERSIONS SHOULD NOT BE RELIED UPON. THE MOST UP TO DATE
VERSION CAN BE FOUND ON THE FORCE INTRANET POLICIES SITE.
Recording and Investigation of Road Traffic Collisions
Procedure
-1-
2010 v 1.0
Not Protected
1.0 Table of Contents
Acronyms
RTC
SCIT
NCRF
NIP
Road Traffic Collisions
Serious collisions Investigation team
National Collision Recording Form
Notice of Intended Prosecution
2.0 Introduction
Document Aim
The aim of this procedure is to ensure fair and consistent recording and investigation of
Road Traffic Collisions. It is also intended to ensure that the Force focuses its resources
on the priority investigations of serious and fatal collisions. To that end, early robust
decision-making is encouraged with regard to those offences that are deemed suitable for
prosecution.
Visions and Values
Wiltshire Police is committed to the aim of keeping the people of Wiltshire safe from harm.
Our vision is: Wiltshire, the safest county in the country.
Our Guiding Principles
Delivering safe, satisfied and confident communities
Taking our staff with us
Managing our risks
Communicating our success
Consolidating and coordinating effort
This document contributes to the Strategic priorities by:Securing the trust and confidence of people in Wiltshire in their police force and wider
criminal justice system
Assisting in the reduction of road casualties
Effectively and efficiently bringing offences to justice.
3.0
Rationale and Legal Basis
The rationale for the procedure is to balance requirements under the Road Traffic Act
1988, the needs of motorists involved in collisions and the priority of the Wiltshire Police
to improve road safety.
In addition, accurate collision data must be supplied to the Department for Transport and
Local Authorities.
Race Relations Amendment Act and Disability Discrimination Act
Recording and Investigation of Road Traffic Collisions
Procedure
-2-
2010 v 1.0
Not Protected
In the application of this procedure Wiltshire Police will not discriminate against any
persons regardless of disability, sex, race, colour, language, religion, political or other
opinion, national or social origin, association with national minority, property, birth or other
status as defined under Article 14, European Convention Human Rights.
This procedure has been drafted with the Human Rights Act 1998 taken into
consideration. The fundamental principle in the application of this procedure will be to
provide a legitimate and proportional response when considering the offending behaviour
of an individual. All decision-making will be clearly documented by the person taking the
decision.
4.0 Procedure
Recording of Collisions on the force Record Management System (RMS –
NICHE)
Despite the wide definition of a collision, not all collisions need to be recorded. An RTC
reference number will only be obtained if the collision occurs on a road (see Appendix B
for definition of road) or other public place and is within the Wiltshire Police area.
When a collision is recordable and requires an occurrence number, depending upon how
police are notified, the control room or enquiry office will create either a Niche RMS or
storm log (with closure code to create Basic Niche record) and the occurrence number
will be used as the reference number relating to the collision.
The following collisions involving mechanically propelled vehicles will always be recorded
on a NCRF (National Collision Recording Form) and on Niche RMS, whether or not they
fall within the Road Traffic Act definition provided that they occur on a road or other public
place (this does not alter the policy regarding the most appropriate individual or team to
investigate the collision):Where death occurs to any person (as a result of the collision).
Where a police vehicle or a police hired vehicle is being driven by a police officer or member
of police staff, or a privately owned vehicle is involved whilst being driven by a police officer
who is on duty (Records relating to these POLACC specific cases MUST be referred to a
Sergeant)
Where personal injury occurs to any person including the driver in a single vehicle RTC.
Where an offence relating to the manner of driving has occurred or where there are such
allegations with supporting evidence.
Where any of the relevant legislation under S.170 (2) & (3) Road Traffic Act 1988 relating to a
driver‟s duty to stop, give required particulars, and report a road traffic accident has not been
complied with.
Where, separate to the accident obligations, a driver has failed to provide insurance details
under S.154 (2) Road Traffic Act 1988 (but only the insurance offence will be investigated).
Collisions involving cyclists
Collisions involving Horses
In these cases the NCRF should be submitted (either original via DX or Scanned) and sent/tasked via
Niche RMS to Justice Traffic Department Swindon within 72 hours for an initial decision regarding
prosecution or otherwise.
A distinction is drawn between the definition of a „road traffic accident‟ as defined in the Road Traffic Act
(see Appendix B) and a Road Traffic Collision (RTC) as defined for the purpose of Force Policy/Procedure.
Recording and Investigation of Road Traffic Collisions
Procedure
-3-
2010 v 1.0
Not Protected
5.0 Collisions on Private Property (Does not include “other
Public Place”)
Where a collision occurs on private property and results in death or serious injury to
any person, a record will be made on an NCRF and input onto Niche RMS to allow an
investigation into the circumstances (e.g. on behalf of HM Coroner) or to assist other
investigating agencies (e.g. the Health & Safety Executive). It will not be necessary to
complete the statistical data for these collisions.
In addition, the above procedure will be followed where the circumstances of a collision
on private property indicate that any offences of assault or wanton or furious driving
under Offences Against the Person Act 1861 may have been committed.
Where there is an offence under this Act then a crime must be recorded as well as a
collision.
Where a collision occurs on private property that results in slight injury or damage
only, AND there is no evidence to suggest a crime of assault or wanton or furious
driving, then these will NOT be recorded and the parties involved advised it is not a
police matter.
6.0 Collisions in an “other public Place”
This is where a collision occurs on private property and the location can be defined as an
“other public place in accordance with the Road Traffic Act 1988. If private property
cannot be defined as an “other public place” in accordance with the Road Traffic Act
1988, then the procedure set out at section 5.0 above applies.
Collisions occurring in public places, and not a road, should be investigated.
Such collisions will be recorded on the Wiltshire Police Niche RMS system and will be
allocated an occurrence number.
There is no requirement for drivers or riders to have a Drivers Licence. However the
power to demand the name and address of the driver/rider, the name and address of the
owner of a vehicle and a date of birth (of the driver/rider) exist under Road Traffic
legislation and is extended to „public place‟ collisions.
The Motor Vehicles (Compulsory Insurance Regulations) 2000 made the following
amendments:Extends the requirement to have insurance or security from „road‟ to „road
or other public place‟.
Where owing to the presence of a mechanically propelled vehicle, a
collision occurs, the powers of a Constable to demand name and address,
name and address of owner, and demand production of a certificate of
insurance, are extended to include collisions that occur „on a road or other
public place‟.
Extends the duties of a driver to stop/report/give information or documents
to include collisions that occur „on a road or other public place‟.
Recording and Investigation of Road Traffic Collisions
Procedure
-4-
2010 v 1.0
Not Protected
In relation to collisions, extends the definition of „damage to any other
property‟ from land on which the road is and adjacent land to land on
which the road „or place‟ is and adjacent land.
7.0 Damage Only Collisions
Collisions will not be recorded where:No injuries are involved; and
There are no allegations of any offences relating to the manner of driving;
and
All drivers involved have fully complied with their duty to provide the
relevant information under S.170 Road Traffic Act 1988.
Where Police attend however, reasonable assistance will be rendered and officers must
ensure that details are exchanged by the parties involved.
Actions carried out as a consequence of attending the scene or investigating an
allegation of a „damage only RTC‟ must be subject of a Pocket Note Book entry.
Officers should satisfy themselves through the use of PNC/DVS that drivers and vehicles
are compliant with relevant legislation and deal appropriately with offences arising.
HORT/1‟s should not necessarily be issued as a matter of course.
8.0 Fail to stop Collisions
Where a Road Traffic Collision occurs and it is a fail to stop damage only collision, and
There is no corroborating evidence from independent witnesses
There is no identification of the “offending” driver/rider
There are no realistic lines of enquiry;
The victim/s does not want to support a prosecution,
then a Basic Niche RMS record and NCRF should be completed and submitted to the
Justice Traffic Department (), Swindon, with the appropriate recommendation endorsed
by a supervisor for consideration of no further action.
Where further lines of enquiry are clear and corroborating evidence is available, an
investigation should be completed by the OIC.
9.0 Slight Injury Collisions
Where a Road Traffic Collision occurs and, in the opinion of the Investigating Officer, the
injuries sustained by any party involved are slight and the victim/s does not want to
support a prosecution, then the Niche RMS record (and scanned and original copy of the
NCRF) should be submitted to the Justice Traffic Department , Swindon, with the
appropriate recommendation endorsed by a supervisor for consideration of no further
action.
Recording and Investigation of Road Traffic Collisions
Procedure
-5-
2010 v 1.0
Not Protected
10.0 Classification of injury
All injury Road Traffic Collisions will be recorded using the Department for Transport
(DfT) classifications, namely:
Fatal Injury. Includes only those cases where death occurs in less than 30
days as a result of injuries sustained in the collision.
Serious Injury. Examples include fracture, internal injury, severe cuts,
lacerations, crushing, concussion, severe general shock requiring hospital
treatment, detention in hospital as an in-patient, death occurring 30 days or
Later, following the collision.
Slight Injury. Examples include sprains, bruises, cuts judged not to be
severe, slight shock requiring immediate short-term attention at the scene.
Non Injury. Where it is clear that there are no injuries caused to any person
involved in the collision but the collision requires to be recorded due to
another offence being committed.
Natural Causes for Death (not an RTC). A fatal RTC where death is later
proved to be as a consequence of natural causes e.g. heart attack whilst
driving, these collisions will be re-classified under this code.
Off-Road Investigation. Where an incident is reported to Wiltshire Police
involving death or serious injury where a collision has occurred entirely offroad, for example, Military Ranges or large private estates
Persons who are merely shaken and who have no other injuries should not be
included unless they receive or appear to need medical attention.
The OIC is responsible for creating and updating and/or amending the NCRF and
completing the statistics (STATS19) for all injury collisions.
11.0 Investigation of collisions
All collisions requiring investigation must be allocated to an investigating officer within 48
hours of the incident occurring if the police attend the scene, or within 48 hours of the
incident having been reported at a police station.
When called to the scene of an RTC a preliminary investigation will always be
commenced by the officer in attendance who will be able to see and judge the facts of
any particular case. Where there are no allegations or reasons to take an
investigation further from the point of attendance, officers should ensure details
are exchanged, and make a pocket book entry. In such cases and in many other
instances, there will be no further action from this point.
All drivers involved in collisions will be breath tested where a police officer attends the
scene. (The power to breath test all drivers involved in collisions is provided by S.6 (5)
Road Traffic Act 1988 – where an accident occurs owing to the presence of a motor
Recording and Investigation of Road Traffic Collisions
Procedure
-6-
2010 v 1.0
Not Protected
vehicle on a road or public place and there is reasonable suspicion that a person was
driving / attempting to drive / in charge at the time of the accident). If officers are not able
to breath test drivers at the scene then drivers must be seen as soon as possible for this
purpose and requirement as soon as practicable including the initiation of „hospital
procedures‟ where appropriate (see S.6 (3) Road Traffic Act 1988).
Written statements will no longer be taken as a matter of course from witnesses and nonoffending drivers. Section Supervisors and the Justice Traffic Department will be
responsible for assessing whether or not written statements will be taken, or whether the
case is suitable for the use of pro-forma questionnaires.
Written Statements will, however always be required where:A road death has or is likely to occur.
Serious injury has been caused (life threatening/changing) - Under these
circumstances the initial OIC must take direction from the SCIT investigator.
The witness is not likely (for whatever reason) to be able to complete a pro-forma
statement.
In fatal cases or where injuries are serious and life threatening/life changing
injuries, statements WILL be recorded by SCIT/RPU officers
Consideration should be given to video recording of „significant‟ witness
statements (Achieving best evidence)
If in doubt OIC should refer the case to a Supervisor for guidance
Pro-forma statements should not be used for;
1.Recording witness evidence when the collision involves a police vehicle, police hired
vehicle or is a privately owned vehicle being driven by a Police officer who is on
duty (excluding travel to and from work).
2.Non - stop collisions
Officers are free to use their discretion to record statements on other occasions. Further,
should an officer being tutored require investigation and statement taking experience,
they or the tutor shall be free to record a full written statement in these instances.
In the case of collisions involving personal injury, the OIC will ensure that all statistical
information (STATS19) is correctly recorded by fully completing relevant sections of the
NCRF. The Justice Traffic Department validates the statistical data and then exports it to
the relevant agencies.
In all cases where a collision occurs on a road or other public place, officers will ensure,
where possible that drivers have current documents, the details of which should be
recorded on the NCRF. In respect of insurance details the Insurance Company‟s name,
relevant policy number and dates of effect should be fully recorded somewhere on the
form.
A HORT/1 form for production of documents will only be issued where documents cannot
be produced at the time and the officer believes that an offence has been committed
which may be liable to prosecution. This includes the likelihood that the driver does not
possess the necessary documents.
Points to remember
Recording and Investigation of Road Traffic Collisions
Procedure
-7-
2010 v 1.0
Not Protected
Sketch plans of the scene should be recorded on the NCRF for all collisions that a
police officer attends and records, unless there is good reason for not doing so
e.g. it is clear that the RTC will be an NFA collision or a collision investigator has
attended and surveyed the scene..
Where possible an explanation as to the circumstances of the collision should be
sought from each driver, rider or pedestrian involved in the collision names and
contacts recorded. This should include whether or not they are making allegations
against any other party involved and where relevant whether or not they are
prepared to make a statement and/or support a prosecution.
All witnesses and potential witnesses should be spoken to and details recorded,
this should include a very brief précis of their evidence. This includes relevant
passengers in or on vehicles involved in the collision. Likewise they should be
asked whether or not they would be prepared to make a statement and attend
court if necessary.
Where relevant, the scene of the RTC should be examined and a record made of
any relevant evidence or potential evidence.
Sufficient information should be obtained to enable the OIC to complete all
mandatory fields on the NCRF and provide the required collision statistics for the
necessary agencies.
Where a driver has failed to comply with the relevant legislation under S.170 (2) &
(3) Road Traffic Act 1988 relating to a driver’s duty to stop, give required
particulars, and report a road traffic accident then the circumstances will be fully
investigated as follows:1. The Justice Traffic Department will be responsible for sending a Notice of Intended
Prosecution (NIP) and associated papers to the registered owner whenever a
registration number has been taken. This must be done immediately and a failure
to do so may mean that a subsequent prosecution cannot be taken for Schedule 1
RTOA 1988 Offences.
2. Where the registered owner is local the officer must make immediate initial
enquiries in an effort to locate the offending vehicle and identify the driver. It is
important that this is done before an offender has an opportunity to repair any
damage or to otherwise destroy evidence. It is not acceptable to delay these
enquiries pending submission of any papers to the Traffic Department.
3. Full enquiries must be made with the Police National Computer and of the
registered owner in an attempt to locate and identify the driver. A written record
must be made of all enquiries that have been carried out.
4. Prior to final submission of a prosecution case file, when an offender has not been
located, the officer in the case must make a final check with PNC to ensure that no
new information has come to light on the vehicle. The OIC will notify any victim of a
fail to stop accident and update them of the fact that no offender was located when
this is the final result.
Recording and Investigation of Road Traffic Collisions
Procedure
-8-
2010 v 1.0
Not Protected
5. It is the responsibility of the officer in the case to keep any victim(s) updated as to
the progress of enquiries.
6. It is the responsibility of the investigating officer to check and re-check the extent
of a person‟s injuries in order to ensure that they are defined correctly at any point
during the investigation it is ascertained that the injury class has changed, it is the
responsibility of the OIC to ensure that the injury class is updated via Niche RMS
tasking to the Justice Traffic Department and /or SCIT teams.
12. Serious Collision Investigation Team (SCIT)
The SCIT will:
o
o
o
o
Attend and deal with all fatal or potentially fatal collisions;
Attend (and deal when appropriate) Serious Injury Collisions where injuries
are deemed as life changing (loss of limb, loss of sight, permanent mental
incapacity, permanent disablement as a result of spinal injury).
Attend and deal with all police vehicle collisions resulting in injury, where the
police vehicle concerned is responding to an emergency call, or is engaged
in a vehicle pursuit.
Attend other collisions where the specialist skills of collision investigation
may be considered necessary to an investigation.
Further details can be found in Appendix C
13. Recording for Statistical Purposes (STATS 19)
In order to comply with force requirements to provide statistical data to the Department
for Transport the following type of incident will also be recorded on the NCRF and on
Niche RMS:All road accidents involving human death or personal injury occurring on the
“Highway” (“road” in Scotland) and notified to the police within 30 days of
occurrence, and in which one or more vehicles are involved.
It should be noted that this incorporates a wider definition of a road accident than that
used in the Road Traffic Acts. The statistical requirements made by the Department
for Transport are clear that all accidents involving non-motor vehicles such as pedal
cycles and ridden horses on 'public roads' should be included, regardless of motor
vehicle or pedestrian involvement.
Details of examples of cases which SHOULD and SHOULD NOT be included can be
found within Appendix B.
If any officer requires confirmation of whether or not an incident should be recorded under
this category, then advice should be sought from the Traffic Department at Swindon.
Recording and Investigation of Road Traffic Collisions
Procedure
-9-
2010 v 1.0
Not Protected
14. Recording of Location
The Collision location must be accurately recorded on the NCRF. The road name, the
road number, grid reference, nearby premises, an accurate distance and compass
direction from the nearest junction, and the name of the town or village, must be shown.
**‟Street map‟ available on the internet provides an accurate means of establishing a grid
reference **
15. Stolen Vehicles Involved in Collisions
If a stolen vehicle is involved in a traffic collision and a policy of insurance in respect of
the vehicle is in force at the time, the insurance company concerned, will, in agreement
with the Motorists Insurance Bureau, have to pay compensation awarded to any person
involved in the collision. This applies even if the policy did not cover the actual driver at
the time or in cases where the driver is never traced.
The owner of the vehicle, the insured, may not suffer any loss of No Claims Bonuses as a
result of this requirement. Officers should always obtain the insurance details of a stolen
vehicle involved in a traffic collision from the owner and record them on the NCRF.
16. Notification of Next of Kin
When dealing with a serious Road Traffic Collision, officers are under an obligation to
make enquiries of the injured person(s), establish their identity and inform any identified
next of kin without delay. This obligation is also the responsibility of Control Room
Supervision who must ensure that notification is carried out as a high priority. Where next
of kin cannot be identified immediately, it remains the investigating officer‟s priority to
progress enquiries further.
In certain circumstances, it may be deemed appropriate to identify a trained Family
Liaison Officer (FLO). It will certainly be the case for Collisions involving fatalities,
however may also include Serious Injury collisions. Where feasible the appointed FLO
will advise the next of kin and undertake other required action in consultation with the
investigating officer.
Where a FLO is not appointed, it remains the responsibility of the investigating officer to
liaise with the family.
Where next of kin live outside the force area and Wiltshire Police cannot carry out the
notification, notification will be in accordance with the policy of the force carrying out the
notification on behalf of Wiltshire Police.
17. Reporting to Insurance Companies
Recording and Investigation of Road Traffic Collisions
Procedure
- 10 -
2010 v 1.0
Not Protected
Officers should always advise persons involved in traffic collisions that they have an
obligation to inform their respective insurance companies in order to safeguard their civil
liabilities.
18. Submission of Collision Files/Investigations
All reported collisions will be supervised and administered in the following manner:
Prior to submission the OIC is responsible for:In respect of all injury RTCs (not damage only) - fully completing all the
NCRF.
Providing a full and detailed summary on the NCRF outlining the
circumstances. (An important part of the decision-making processes is
whether the OIC considers that there should be a prosecution of either or
any person involved, based upon the facts of the case.)
Ensuring that any witnesses are asked to complete a witness pro-forma
when any prosecution is contemplated.
Recording the fact that a HORT/1 has been issued in the appropriate
space on the NCRF. Where a HORT/1 has not been issued, all document
details that are available must be recorded. Officers should satisfy
themselves through the use of PNC/DVS that drivers and vehicles are
compliant with relevant legislation and deal appropriately with offences
arising. HORT/1‟s should not necessarily be issued as a matter of course.
Checking the extent of injuries to ensure that they are defined correctly
In respect of an RTC that involves:Serious injury; or
Slight injury not dealt with under the provisions above; and/or
There is a substantiated allegation of an offence arising from the collision
report; or
The collision is of a hit and run type and the requirements of S.170 RTA
1988 have not been met.
The NCRF and associated documents must be submitted to the Justice Traffic
Department , Swindon as soon as possible and in any event within 72 hours by the
Investigating Officer, via Niche RMS tasking.
Justice Traffic Department , Swindon will then reallocate the investigation (when
appropriate) back to the investigating officer with a return date to JUSTICE TRAFFIC
DEPARTMENT for completion of the investigation. This will be undertaken via Niche
RMS tasking, to prevent the need for paperwork to be despatched.
The investigating officer will add details of further enquiries within the investigation log.
Where a requirement arises for a change of date for return of the file, this should be
explained within the Niche task, passed back to the JUSTICE TRAFFIC DEPARTMENT
and arrangements can then be made for the supervisors to change the return date.
When a collision is in the process of investigation and other offences are disclosed then it
is important that the files are not split. The more usual offence detected in these
circumstances relate to excess alcohol and document offences. In these instances, the
Recording and Investigation of Road Traffic Collisions
Procedure
- 11 -
2010 v 1.0
Not Protected
file papers should be submitted within 24 hours of the incident to the Justice Traffic
Department, who will ensure that the process for prosecution and file submission is
progressed and ultimately is undertaken by CJU administration, Melksham.
Where a collision has occurred in another police area, the written report should be
forwarded directly to the relevant police area by whoever takes that initial report without
being input onto the Wiltshire computer system. It may be necessary to make phone
contact with that force to determine where the file should be sent.
19. Allegations of Bad Driving
When a report of an incident is received, the first point of contact will ask the following
questions;
Do you have the registration number of the other vehicle?
Do you have details of any independent witnesses?
Are you prepared to provide a statement and attend court to support
proceedings?
If the informant answers YES to all of the above questions, an occurrence should be
recorded and immediately tasked to the Justice Traffic Unit.
Details of information provided by the caller or reporting person will be recorded within
the investigation log.
Once tasked the Justice Traffic Unit Supervisor will then review and a decision will be
taken as to whether an investigation will be completed. Details of the Supervisors
decision making process should be recorded within the investigation log.
Where necesary, the Justice Traffic Unit will despatch proforma statements for
completion to relevant witnesses and will also keep the informant up to date about the
progress of the case.
If a decision is taken to NFA an investigation, the informant will be notified of this in
writing.
If you answer NO to any of the questions above, the incident will not be investigated
further.
20. Action of the Justice Traffic Department
In respect of those files submitted to the Justice Traffic Department, provided the collision
record has been completed properly, Justice Traffic Department will be responsible for:Making the appropriate decision in respect of further action or NFA in
accordance with the Crown Prosecution National Charging Standard for
Driving Offences.
Sending out all pro-forma questionnaires.
Issuing specific instructions and guidance concerning file preparation for
files where further action is deemed necessary.
Recording and Investigation of Road Traffic Collisions
Procedure
- 12 -
2010 v 1.0
Not Protected
Linking any HORT/1 production with the collision record and inserting
relevant detail on the NCRF identifying and proceeding with document
offences where identified.
Ensuring full use of the Driver Improvement Scheme (D.I.S.) is made.
Making referrals based on the relevant criteria where a course of training
is appropriate in the case of any offending party. The scheme is able to
provide interpreters to ensure that the inability to speak English is not a
bar to joining the scheme.
Scrutinising the submission of collision reports in terms of evidential
content and return to the submitting officer with appropriate directives,
advice and guidelines where prosecution is appropriate.
20. Contributory Medical Factors
In cases where it is apparent that the driver‟s medical condition, including the misuse of
controlled or prescribed drugs, is a contributory factor to a road traffic collision, the OIC
will submit a report to the DVLA, Drivers Medical Unit, by completing DVLA Form D751
outlining the circumstances.
A copy of such correspondence will be placed upon the relevant collision file and
submitted to the TPU.
21. Correspondence Relating to Collisions
The drawing of a summons prohibits the police service from entering into correspondence
relating to the offence specified. The OIC or the Justice Traffic Department may supply
details such as the vehicle registration mark of vehicles involved and insurance details,
although information obtained from PNC insurance database must not be disclosed.
(Requests for statements and sketch plans to assist in any criminal defence whilst a
prosecution is ongoing, must be referred to the Crown Prosecution Service).
Officers must NOT supply copies of any documents from collision files to outside
companies, agencies, organisations or individuals themselves; all requests for
information must be channelled via the Justice Traffic Department Swindon.
The Justice Traffic Department Swindon will deal with all correspondence received from
solicitors, insurance companies and individuals, including requests to interview officers in
connection with civil proceedings.
22. Monitoring / Feedback
This policy will be monitored by the Justice Operations Manager.
Feedback relating to this policy can be made in writing or by e-mail to:
Paul Oatway, Operations Manager, Justice Division.
Address: Justice Division, Borough Police Station, New Park Street, Devizes,
SN10 1DX
E-mail:
[email protected]
Telephone: 0845 408 7000 Ext:737578
Recording and Investigation of Road Traffic Collisions
Procedure
- 13 -
2010 v 1.0
Not Protected
Consultation / Quality Assurance / Authorisation
Name
Signature
Date
Police Federation
Superintendents
Association
Unison
Other Relevant
Partners
Authorisation of this version
This Version (0.2)
Prepared:
Name
Wendy Moore
Quality assured:
Inspector Stevenson, Chief
inspector Copus
Authorised:
Approved:
Signature
Date
27/10/10
Head of Justice Sue Leffers
Version Control
Review
Every policy or procedure is subject to two processes of continuing review.
A general review of its continuing relevance and accuracy called a Review of
Purpose.
An audit review of its current impact in relation to diversity called a Review of
Impact.
Next Review of Purpose
Next Review of Impact
Date
31/03/2011
31/03/2011
Version History
Version
0.1
0.2
Date
27.10.10
15.11.10
Reason for Change
Initial Document
Formatting and amendments
Recording and Investigation of Road Traffic Collisions
Procedure
- 14 -
Amended by
Laura Mills
Wendy Moore
2010 v 1.0
Not Protected
Document History
Portfolio Holder
Document Owner
Owning Department
v1.0 Approval Date
v1.0 Approved by
v1.0 Implementation
Date
ACC
Head of Criminal Justice Division
CJD
ACC
15/11/10
Recording and Investigation of Road Traffic Collisions
Procedure
- 15 -
2010 v 1.0
Not Protected
Recording and Investigation of Road Traffic Collisions
Procedure
- 16 -
2010 v 1.0
Not Protected
Appendix B
Definitions
(a)
A road traffic accident is defined by S.170 Road Traffic Act, 1988 as where
owing to the presence of a mechanically propelled vehicle on a road or other public
place:Injury is caused to any person other than the driver of that vehicle.
Damage is caused to another vehicle other than that vehicle or its trailer.
Injury is caused to an animal, other than one being carried in that vehicle or trailer
(Specified as horse, cattle, ass, mule, sheep, pig, goat or dog).
Damage is caused to any other property constructed on, fixed to growing in or
otherwise forming part of the land on which the road or public place is situated or on land
adjacent thereto.
(b)
Collisions in an “other public place”
This is where a collision occurs on private property and the location can be defined as an
“other public place in accordance with the Road Traffic Act 1988. Huges guide suggests
that the following are considered;
Is the public in general allowed access or is admission restricted to a particular
group?
Can members of the public be expected to be found there?
Were any members of the public there at the time of the incident – How many?
Can the public drive vehicles there or is it restricted to pedestrians?
Have any prohibitions or restrictions (signs, gates, verbal warnings etc) been
overcome or ignored?
Are such prohibitions ever enforced?
Were there any other vehicles present at the location?
Is there separation between vehicles and pedestrians?
Collisions occurring in public places, and not a road, should be investigated. Such
collisions will be recorded on the Wiltshire Police Niche RMS and will be allocated an
occurrence number.
There is no requirement for drivers or riders to have a Drivers Licence. However the
power to demand the name and address of the driver/rider, the name and address of the
owner of a vehicle and a date of birth (of the driver/rider) exist under Road Traffic
legislation and is extended to „public place‟ collisions.
The Motor Vehicles (Compulsory Insurance Regulations) 2000 made the following
amendments:Extends the requirement to have insurance or security from „road‟ to „road
or other public place‟.
Where owing to the presence of a mechanically propelled vehicle, a
collision occurs, the powers of a Constable to demand name and address, name and
address of owner, and demand production of a certificate of insurance, are extended to
include collisions that occur „on a road or other public place‟.
Recording and Investigation of Road Traffic Collisions
Procedure
- 17 -
2010 v 1.0
Not Protected
Extends the duties of a driver to stop/report/give information or documents to
include collisions that occur „on a road or other public place‟.
In relation to collisions, extends the definition of „damage to any other property‟ from
land on which the road is and adjacent land to land on which the road „or place‟ is
and adjacent land.
(c)
Recording for Statistical Purposes
Examples of accidents to be recorded under this category include:Accidents which commence on the highway but which involve casualties off the
highway (e.g. where a vehicle runs out of control while on the highway and causes
casualties elsewhere)
Accidents involving the boarding and alighting of buses or coaches and accidents in
which passengers already aboard a bus/coach are injured, whether or not another
vehicle or a pedestrian is involved
Accidents to pedal cyclists or horse riders, where they injure themselves or a
pedestrian
Accidents resulting from deliberate acts of violence (for example where a vehicle is
deliberately driven at a pedestrian) but this excludes casualties who are
subsequently identified as confirmed suicides
Accidents within bus stations/interchanges where they form part of the highway.
Examples of accidents which should not be recorded under this category include:
o
Accidents which do not involve personal injury;
o
Accidents on private roads or in car parks;
o
Accidents reported to the police 30 or more days after they occurred;
o
Accidents involving confirmed suicides only.
(d)
Definition of a Road
A road is defined as a highway or any other road to which the public have access. Case
law determines whether a private road is a road, but as a general rule, unless there are
signs or physical obstructions that have been ignored, then such a location is likely to be
a road.
The definition of a road can also include the roadway in a car park. Most traffic legislation
has been amended to allow offences to be committed on a road or other public places.
The status of public house or hotel car parks is complex, with examples outlined in case
law on PNLD, in short, each case must be judged on its own merits.
Recording and Investigation of Road Traffic Collisions
Procedure
- 18 -
2010 v 1.0
Not Protected
Unusual or unique circumstances can alter the definition and bring a location within the
definition of a road. If an officer is in any doubt the collision should be recorded in
accordance with this procedure, then the advice of a line supervisor should be sought.
Recording and Investigation of Road Traffic Collisions
Procedure
- 19 -
2010 v 1.0
Not Protected
Appendix C
TERMS OF REFERENCE
WILTSHIRE POLICE SERIOUS COLLISION INVESTIGATION TEAM
1.1. The Serious Collision Investigation Team (SCIT) has the following terms of reference:
1.1.1. The SCIT will:
o
o
o
o
Attend and deal with all fatal or potentially fatal collisions (including serious
injuries that are deemed as life changing [loss of limb, loss of sight,
permanent mental incapacity, permanent disablement as a result of spinal
injury]);
Attend (and deal when appropriate) Serious Injury Collisions.
Attend and deal with all police vehicle collisions resulting in injury, where
the police vehicle concerned is responding to an emergency call, or is
engaged in a vehicle pursuit.
Attend other collisions where the specialist skills of collision investigation
may be considered necessary to an investigation.
1.1.2. In addition:
o
o
o
o
o
In major crime investigation, the expertise of SCIT may be called upon at
the request of the Senior Investigating Officer (SIO).
Provide dedicated Roads Policing expertise in support of the Proactive
Roads Policing Units.
Assist in and run intelligence led operations in respect of pro-active road
policing intelligence such as targeting disqualified drivers.
Provide support and attendance at National, Regional and Local Roads
Policing Operations such as Operation Mermaid and Operation Utah.
Provide high visibility roads policing patrols on major roads throughout the
county to deter bad driving and enforce road traffic law.
1.1.3. If a collision fits the above criteria and remains so while police are at the scene, the SCIT will provide
a full investigation, (including all required case building) involving the following personnel:
o
o
o
o
An accredited SIO (Collisions);
An Investigating Officer (Collisions – officer in the case/case builder);
A Collision Investigator – forensic scene examiner.
A Qualified Vehicle Examiner
1.1.4. The SCIT will be responsible for:
o
o
o
Coordinating all aspects of the investigation
Acting through the Press Office as the focal point for all enquires from the
media, public and other agencies;
Collating evidence and constructing the case files.
1.2. RPU Operations/BCU will be responsible for providing:
o
o
o
First attendance at the scene;
Scene management and evidence preservation (e.g. obtaining witness details and
breath test procedures);
Statement taking capability (when appropriate);
Recording and Investigation of Road Traffic Collisions
Procedure
- 20 -
2010 v 1.0
Not Protected
o
Family Liaison Officer(s).
2. Investigation of Fatal Crashes
2.1. The investigation of fatal collisions will be in accordance with the ACPO Road Death Investigation
Manual (RDIM).
3. Provision of Cover
3.1 The SCIT will provide an on duty team between the hours of: -
o
0700-0000 Monday to Friday
o
1200-2200 Saturday and Sunday
3.2 The SCIT will provide an “on call” team at all other times.
3.3 The team, whether on duty or on call, will comprise officers of those skills as laid down in paragraph
1.1.3 above.
3.4 Out of Hours Deployment
o
When there is a confirmed fatality at the scene of a road traffic collision, the on-call
SCIT should be called out as soon as possible in order to maximise the
preservation of evidence at the scene and expedite the investigation
o
When there is not a confirmed fatality but it is believed there are very serious
injuries likely to prove fatal, the on duty Roads Policing Unit Supervisor should be
contacted immediately for their views on calling out the SCIT prior to their own
attendance at the scene
o
In all other cases, the on duty Roads Policing Supervisor should attend the scene
and make a decision based on their experience, as to whether or not the SCIT
should be called out.
Recording and Investigation of Road Traffic Collisions
Procedure
- 21 -
2010 v 1.0
Not Protected
3.5 On Duty Deployment
3.5.1 The primary role of the SCIT is the investigation of Fatal and Serious Road Traffic Collisions. As such
their deployment will differ from that of RPU Operations.
o
The on duty SCIT will be immediately deployable to all road traffic collisions as laid out in
paragraph 1.1.1 above
o
When officers are actively engaged in the follow up investigation of these collisions, they will not be
a deployable resource for incidents outside of this criteria
o
The duty supervisor of the SCIT will update ECC when officers on their team become deployable
outside of this criteria
o
When not engaged in such investigations, officers on the SCIT will patrol as laid down in paragraph
1.1.2 above and will be deployable as per the RPU Operations deployment criteria. They should
only be deployed to non roads policing incidents as a last resort option due to the nature of their
role and the casualty reduction initiatives they will be required to undertake when not engaged in
fatal or serious collision investigation
Recording and Investigation of Road Traffic Collisions
Procedure
- 22 -
2010 v 1.0
Not Protected
Appendix D POLAC flowchart
Consider
On call Superintendent
On call gold
Critical incident
IPCC
PSD
Outside force
Police Vehicle Collision Reported
Injury?
Allegation?
Pursuit?
Yes
RPU Attend
RPU Supervisor
Serious
or fatal
injury?
NO
Yes
Scit attendance
Local
Supervisor
No
Record MGCRF
and
POLACC Form
Duty supt
ACC not needed unless
SERIOUS/fatal,
likelihood of “p” or other
noteable reason
Fleet manager
Acc
Litigation
manager
CJU traffic
Investigate
Police
driver to
be “p”
Force policy
Rdim
Yes
RESULT
OF “P”
No
Litigation
manager
Line manager
Head RPU DTU
CJU inform
Acc
PSD
Litigation
manager
NO
Police driving permit
considerations
ACC
PSD
Collision
records
Recording and Investigation of Road Traffic Collisions
Procedure
END
- 23 -
2010 v 1.0