NOT PROTECTIVELY MARKED

URN: PR034.1

Leicestershire Police
Road Traffic Collision Procedure

This procedure supports the Road Traffic Collision Policy, and should be read in conjunction with the Procedure for Deployment to Road Traffic Incidents on ‘Fast Roads’

Procedure Owner: / Superintendent
Department Responsible: / Criminal Justice
Chief Officer Approval: / DCC
Risk Value: / Medium
EIA Level: / Low
Date of Next Review: / 01/03/2017
Please advise whether the whole procedure or only certain sections can be published externally on the force website: / Whole may be published
(Note: Only those procedures that are ‘Not Protectively Marked’ can be published externally on the force website)

This Procedure has been produced in conjunction with the Leicestershire PoliceLegislative Compliance Pack

Review log

Date / Minor / Major / No change / Section / Author

Contents

1.Introduction

2.Initial Report of a Road Traffic Collision

3.Police attendance at RTCs

3.1When Police attendance is required

3.2Police responsibilities at the scene

3.3Off Road Collisions

3.4Breath Test and Impairment Procedures

3.5Driving Documents

3.6Interviewing

3.7Witnesses

3.8Continuity of Written Evidence

3.9Vehicle Defects

3.10Victim/ Witness Care at the scene

3.11Enquiries from parties involved in RTCs

3.12No Offences or Allegations

4.Recording of Collisions

4.1Circumstances to Record

4.2Injury Collisions

4.3Single Vehicle Collisions

5.Submitting the investigation file

5.1Checking and submission of RTC reports

5.2Excess Alcohol Files resulting from RTCs

5.3Return of RTC reports

6.Continuing the investigation...... 15

6.1 Registration and Review...... 15

6.2Investigation and Prosecution Decision-Making Guide

6.3Investigation

6.4Notice of Intended Prosecution

6.5Collisions Reported For Insurance Purposes

7.Examples of injury severity

7.1Fatal injuries

7.2Serious Injuries

7.3Slight Injuries

8. Driver Education Courses - National Driver Offending Retraining Scheme (NDORs) 20

  • National Driver Alertness Course20
  • National Speed Awareness Course20
  • What's Driving Us?20
  • Driving 4 Change20
  • RIDE20
  • Your Belt-Your Life20
  • General considerations for all courses20
  • Criteria for referral to a course21

9.Customer satisfaction

10.Contacting us

Glossary

1.Introduction

1.1This procedure outlines how Leicestershire Police will respond to Road Traffic Collisions (RTCs) reported to them. It provides a framework that ensures that all parties affected by a Road Traffic Collision are dealt with fairly and consistently. This policy supports a common standard of response to such incidents across all the police forces of England and Wales and ensures that police resources are deployed to the best effect in the interests of the public and a desire to improve road safety.

The procedure also provides guidance to Police Officers and Police Staff on:

  • the circumstances under which police attendance is required
  • their responsibilities at the scene
  • recording of collisions and completing the RTC report if appropriate
  • when it is appropriate to investigate/ prosecute and when it is not
  • the decision-making process
  • procedural information to ensure a consistent approach is adopted in relation to all RTCs

The guidance is intended to standardise dealing with road traffic collisions to ensure the public are appropriately protected at the roadside; that offences are dealt with appropriately; and that police personnel are effectively utilised by not attending incidents thatdo not require a police presence.

1.2 (a) Fatal and serious injury road traffic collisions will be attended and recorded on the National Collision Reporting Form (NCRF, referred to in Leicestershire as an RTC report) which includes the National Statistical Reporting Form (NSRF). Injury collisions reported at police stations will also be subject to the same formal recording

(b) Damage – only and slight injury road traffic collisions will only be recorded on an RTC report if there is an offence, or there are allegations of an offence, where there are aggravating factors such as non-stop and a prosecution is likely – i.e. evidence can be proved through CCTV/dashcam/bodycam and independent witnesses (a passenger is not classed as an independent witness). Any document offences can be dealt with by issuing a Traffic Offence Report card (TOR).

1.3When a road collision occurs on a major route, which necessitates the closure of the road, it is essential that the investigation and evidence gathering process is undertaken expeditiously. Other agencies or companies who assist in dealing with the incident should be encouraged towards a road being closed for as short a time as possible.

1.4If the incident is on a motorway or similar fast road(i.e. dual carriageway) an initial report will be taken and police will attend, to assess the scene. Police attendance for road safety purposes applies to initial attendance only - a separate assessment will be made for vehicle recovery operations.

1.5On all other roads, attendance decisions will always be made after taking into account the circumstances of each individual incident.

Advice may be sought from the Process Prosecution Team Collision Support Unit, Mansfield House, Belgrave Gate, Leicester, LE1 3GG. Tel 101 Ext 4666 or email

2.Initial Report of a Road Traffic Collision

The initial report will usually be to the Contact Management Department (CMD) via 999 or 101 or the Front Enquiry Desks of a Local Policing Unit. In both situations it is essential that the expectations of the public are handled correctly. Before a Police Officer is dispatched to a reported collision, there must be a purpose for their attendance.

Personal Injury Collisions

All personal injury collisions (except slight injury with no lines of enquiry) will be reported and an RTC booklet will be completed. Proportionate enquiries will be conducted dependant on the circumstances.

Damage only Collisions

Where a collision involving only damage to vehicles occurs on a road or other public place and:

  • the requirements of S170 of the Road Traffic Act have been complied with and
  • there are no allegations of offences other than apportioning blame

The person reporting will be advised that there is no requirement to report the collision to the police which should be dealt with between the drivers and their insurance companies. The incident will be recorded Leicestershire Police’s Incident Management System (STORM).

Where a collision involving damage only to vehicles or roadside property occurs on a road or other public place and:

  • there are no allegations of offences other than apportioning blame

The incident will be recorded Leicestershire Police’s Incident Management System.

Any damage to roadside property will be reported to the local authority or other owner.

Where a collision involving only damage to vehicles or roadside property occurs on a road or other public place and:

  • Offences appear to have been committed or there are allegations of an offence and:
  • It appears likely that sufficient evidence would exist upon which a prosecution would rely
  • It is likely that a prosecution would be in the public interest.

An RTC report will be completed and the matter subjected to a proportionate investigation.

A damage only collision on a road where the driver failed to stop with no line of enquiry

  • Where, in the opinion of a police officer or authorised member of police staff receiving the report, there are no viable lines of enquiry.

The incident will be recorded Leicestershire Police’s Incident Management System. An RTC report will NOT be completed. The person reporting the incident will be advised that in the absence of any realistic lines of enquiry the police will not be taking any further action. This decision will be reviewed should further information come to light.

A damage only collision occurred on a road where the driver failed to stop with lines of enquiry

  • There are proportionate lines of enquiry, e.g. identifiable and contactable third party witnesses, registration number of offending vehicle recorded, known existence of CCTV which will only be considered viable if the complainant can provide the contact details of the person authorised to provide the CCTV to police. (See note 1).

An RTC report will be completed and the matter subjected to a proportionate investigation.

Damage-only collision not on a road or highway and driver fails to stop (e.g. in a car park) no lines of enquiry:

  • Where, in the opinion of a police officer or an authorised member of police staff receiving the report, there are no viable lines of enquiry.

The incident will be recorded Leicestershire Police’s Incident Management System. The person making the report will be advised that police will not be making further enquires unless additional evidence comes to light.

Damage only collision not on a road or highway and driver fails to stop (e.g. in a car park) with lines of enquiry:

  • There are proportionate lines of enquiry, e.g. identifiable and contactable third party witnesses, full registration number of offending vehicle recorded, known existence of CCTV/dashcam/bodycam which will only be considered viable if the complainant can provide the contact details of the person authorised to provide the CCTVto police. (See note 1).

An RTC report will be completed and the matter subjected to a proportionate investigation.

Collisions Involving Animals

All collisions involving an animal as defined by the Road Traffic Act 1988 (Horse, Cattle, Ass, Mule, Sheep, Pig, Goat, Dog) will be reported as collisions and an RTC booklet or Single Vehicle Collisions card completed.

Collisions involving other animals will be recorded on Leicestershire Police’s Incident Management System.

Other Incidents

There is a final category of “collision” which members of the public are not obliged to report but which police, if notified, are obliged to record for the purposes of Department of Transport (DfT) statistics.

Examples include:

  • Where a cyclist falls from their cycle and receives minor injuries
  • Where a rider is injured after falling from their horse on a highway

Clearly police attendance to such incidents, except in the case of serious injury, would be unusual.

Note 1

CCTV owners may be reluctant to provide copies of CCTV to members of the public. However it is not unreasonable to expect members of the public to make an enquiry to CCTV providers to establish if a damage only collision is recorded on their system,and that the full Vehicle Registration mark (VRM) of the offending vehicle is clearly visible.

With resources being squeezed it is unreasonable to expect the police service to send staff to view CCTV to find the frames containing a damage only collision. The member of the public should be asked to try and establish this with the CCTV Operator by getting them to identify the time on the recording when the collision happened and provide CCTV. If the CCTV owner does not do this then CCTV will not be seen as a viable line of enquiry.

3.Police attendance at RTCs

All serious and life changing RTCs will be dealt with in their entirety by East Midlands Operational Support Service (EMOpSS).

3.1When Police attendance is required

Police attendance is required where:

  • Any person is injured (consider if attendance is required for slight injury RTCs) or killed
  • There is a suggestion that a driver has been under the influence of drink or drugs
  • The road is obstructed

3.2Police responsibilities at the scene

Our first priority is to:

  • Preserve life
  • Prevent further collisions or injury
  • Secure the scene for investigation, if needed
  • Consider Health, Safety and Environmental risks and call other services/ specialist support, if necessary
  • Ensure the injured are treated
  • Ensure the free flow of traffic; set up traffic control if required
  • Early classification of the type of RTC; notify CMD if life threatening injury/ fatal

RTC files can be dealt with in a timely manner by ensuring the following:

  • Interviews of drivers and statements from witnesses completed at the scene with signatures
  • Secure other evidence such as CCTV

When the scene has been secured, the officers will turn their attention to the initial investigation:

  • Examine the circumstances of the collision, determine the cause and decide whether any offences may have been committed
  • Where appropriate, officers will administer a road-side breathalyser procedure, field impairment test or arrange for a hospital procedure (see Section 3.4)
  • Speak to all drivers, casualties (where appropriate) and witnesses to ascertain any factors contributing to the cause of the collision. The contents of these conversations should then be written in the RTC report
  • If unable to speak to witnesses, obtain contact details for follow up
  • Undertake PNC checks on all vehicles and drivers involved; only issue a HO/RT1 where PNC cannot be accessed
  • Provide help, support and guidance to those in need, in what may be a stressful or traumatic time, including exchanging of details of all parties involved
  • Secure CCTV evidence, if available
  • Arrange the recovery of vehicles where appropriate
  • Where appropriate, complete an RTC report, including sketch map of site of collision. Also record details of the scene, road layout and weather conditions, if considered a factor in the collision.

3.3Off Road Collisions

The Police are able to investigate collisions in public places (as definedby the Road Traffic Act 1988) for the following offences:

  • excess alcohol or unfit through drink/ drugs
  • dangerous driving
  • careless driving (driving without due care and attention)
  • failing to stop and/or failing to report a collision

The offence of driving with ‘No Insurance’ is also extended to other public places such as public car parks. However, the power to demand a driving licence does not extend to a public place. Driving licences are only required on a road.

3.4Breath Test and Impairment Procedures

Section 6(5) of the Road Traffic Act 1988 allows that

(a)If a collision occurs owing to the presence of a motor vehicle on a road or other public place and

(b)A constable reasonably believes that the person was driving, attempting to drive or in charge of the vehicle at the time of the collision,

then the officer has the power to administer a preliminary test.

Section 6(3) of the Road Traffic Act 1998 applies if a constable reasonably suspects that the person:

(a)has been driving, attempting to drive or in charge of a motor vehicle on a road or other public place while having alcohol or a drug in his body or while unfit to drive because of a drug, and

(b)Still has alcohol or a drug in his body or is still under the influence of a drug.

then a uniformed officer has the power to administer a preliminary test

The preliminary test may be either a roadside breath test of Field Impairment Test, or both. Any constable may request a FIT, but only officers approved by the Chief Constable of the force should administer the test. A trained Officer in Field Impairment Tests can be requested by contacting the Roads Policing Unit Sergeant or Call Management Department (CMD)

Officers should exercise their discretion and request a preliminary test from any driver they suspect of driving under the influence of alcohol or drugs. If it is necessary to testany driver, ensure an explanation is given, particularly if not all drivers are tested.

In cases involving Section 1 RTA and 3a RTA (death by dangerous driving and death by careless driving under the influence of drink/ drugs), a preliminary test should always be completed, or the driver should be informed from the outset that they are being investigated for both alcohol and drugs.

During Drink/ Drive campaigns, all drivers (including Police officers) involved in a collision where the Police attend, should be subjected to the road side breath test procedure. This applies irrespective of the time of day,

In cases where a driver is taken to hospital for treatment and is unable to perform either preliminary test, then the driver and the doctor in charge of their care should be informed that the driver is being investigated for both alcohol and drugs. This should be advised at the outset of the procedure, using the wording stated in the form MGDD/C

3.5Driving Documents

Driving documents should be checked in all Road Traffic Collisions at the scene or when reporting. If the driver or owner does not have them, details should be verified from PNC and entered in the RTC report/STORM report prior to submission of the report. If available the Insurance Company and policy number should be entered fully as these may be required by other parties later.

ONLY ISSUE a HORT/1 if information cannot be obtained from PNC.

If an HO/RT1 is issued, in ALL collision cases tick the following boxes:

  • Reason for stop – Accident
  • Documents to be produced – Record details

Complete the reverse side of the copy HORT/1 fully to show which documents are to be produced and where. The yellow copy must be attached to the RTC report.

If you issue a form HO/RT1 where details are exchanged between drivers and an RTC report is NOT submitted, tick the reason for issue ‘check’ box rather than the ‘accident’ box.

3.6Interviewing

Attending officers and Front Enquiry Staff should bear in mind the decision- making criteria in Section 6, when considering whether or not a driver should be interviewed, with a view to prosecution.

Where a decision has been made to interview the alleged offending driver, they should be cautioned and a Contemporaneous Note Interview should be conducted and documented in the “Record of Interview at Scene” section of the RTC report. The signature of the person interviewed should be obtained at the bottom of interview page. If it is not possible to carry out a full interview, at the very least record a ‘verbal explanation’ in the RTC report or in your pocket note book (PNB), and ask the driver to sign it. If a note has been made in PNB submit to the Collision Support Unit (CSU) with RTC report. If interviews have not been carried out at the scene, indicate the reasons why this has not been completed.

3.7Witnesses

Witnesses are to be identified and their details taken at the scene. Indicate whether a witness is independent or a passenger in a vehicle. Complete Section A of the RTC report as far as possible, especially contact details, including e-mail address. The details of ALL persons travelling in/on a motor vehicle must be included in the report.

Wherever possible all witnesses should be spoken to at the scene and a précis of what they can say included in the RTC report. If a witness does not wish to attend court, this should be clearly stated in the RTC reportnotes/recommendations. If the Officer believes the reason they do not wish to attend is connected with fear, vulnerability or intimidation, this should be stated in the RTC report notes/recommendations.

3.8Continuity of Written Evidence

In the case of any collision where a driver or witness records a registered number of a vehicle, it is important to obtain whatever was written (or a copy) as evidence. The person recording the vehicle registration mark should sign and date the evidence, as an exhibit. The officer who was handed the exhibit should make their identity known to the Collision Support Unit in the report, to prove continuity of the evidence.