Recording of Road Traffic Collisions

Policy Scope:

The policy will affect all police officers attending and /or dealing with road collisions, where the legal power currently exists to request the persons suspected of driving the vehicle, to provide a sample of breath for a breath test.

This will apply only to those occasions where a breath test can be legitimately requested by a police officer. This being established by legislation namely Section 6 (2) Road Traffic Act 1988

It would not be appropriate to follow the policy and request a sample of breath: 

  • If the driver were an in-patient in hospital and the medical practitioner in charge of the case objects as it would be prejudicial to the proper care and treatment of the person. This exception is included in Section 9 of the Act
  • Where the administration of the breath test would involve significant delay and where the officer is certain that the driver has not been drinking, the officer shall use their discretion. This recommendation is contained in the ACPO audit of the national policy. 

Police attendance at road traffic collisions should be focused on providing a service and determining whether a prosecution is appropriate. We are required to provide data to local authorities for injury collisions to help them to take collision prevention measures. It is not the function of the police service to gather information solely to assist disputes between insurance companies or solicitors acting on behalf of parties to road collisions. 

NB Roadside checks regarding driving documents/identity documents should, where possible, also include examination by U/V lights. See D51377.

Policy Aims and Objectives:

It is intended that the policy and its associated procedural instructions will act to ensure that police officers deal with road collisions in a correct and lawful manner and that they will, save in exceptional circumstances, use their power to request a breath test sample. This will raise the expectation of offending drivers being detected.

By doing so, this will discourage motorists from taking the risk of driving over the prescribed limit,  in the knowledge that if they are involved in a road accident, whether at fault or not, they will be required to take a breath test.

This policy would ensure that South Yorkshire Police follows a nationally agreed policy from ACPO dating from 1996. This has undergone a Human Rights Audit nationally and found to be valid.

DECISION WHETHER TO PROSECUTE – Including Police Vehicle Collisions

This is in accordance with Driving Offences Charging Standards agreed between the Crown Prosecution Service (CPS) and the Police Service.

The decision whether to prosecute a police driver will be made by the District Commander, who will consider seeking the advice of CPS in suitable cases.

Whether the person is a member of the public, or a police officer, the following criteria will be applied:- 

  • Proceedings for careless driving will only be instituted when there is a substantial degree of blameworthiness. 
  • Prosecutions will not be undertaken when there is momentary inattention or a minor error of judgement, such as frequently occurs at roundabouts, parking spaces, junctions, traffic queues or in bad weather. 
  • Prosecutions for careless driving will not be commenced when the damage is principally confined to the vehicle of the driver at fault. 
  • Other offences which may lead to a collision, or which are revealed by investigating a collision, will only be prosecuted if the offence itself so warrants. 

A form STATS/19 will be completed where an accident involves death or personal injury, or accidents to pedal cyclists or horse riders, where they injure themselves or a pedestrian.See D50442 for procedure.

QUESTIONNAIRES TO INDEPENDENT WITNESSES

When the operational supervisor directs that questionnaires be sought from witnesses, the CJU will comply with that direction and a CJU sergeant will decide, on the basis of the replies, whether a prosecution will follow and will cause a file to be prepared. 

INCIDENT LOGS, OFFICER RESPONSIBILITY

When a collision is reported to an Area Communications Room or the Force Operations Room, staff will open an incident log. 

An officer will be dispatched if:- 

  1. Injury or fatality is reported;
  2. An offence is alleged or apparent;
  3. Road congestion is occurring or likely. 

When a collision is reported but an officer is not sent, minimal details will be recorded.

For those collisions that warrant police attendance the incident log will be closed. 

Collisions reported after the parties have left the scene will be dealt with in the same manner as those attended by an officer. 

Collisions which occur in other force areas and reported in South Yorkshire will be handled in line with South Yorkshire policy as set out above. 

FATAL FILE SUMMARIES

In circumstances where it is obvious that no person is to blame other than the deceased, an abbreviated summary will be acceptable. 

The summary will be completed under three headings:- 

  • CIRCUMSTANCES
    A brief description of the scene, how the collision happened, injuries and damage;
  • EVIDENCE
    Evidence to prove the circumstances, including named independent witnesses, name of CIB officer and post mortem examination result;
  • CONCLUSIONS AND RECOMMENDATIONS
    Stating that no third party is to blame and no further action should be taken. 

A file prepared in this format should normally be submitted within one week of the fatality.

Associated procedural instructions:

This policy is supported by the following procedural instructions:

D50442 Collision Report Booklet

D50445 Reports of Fatal and Serious Collisions

D51162 Supertram – Jacking up for Recovery of Injured or Deceased Persons

D51487 Submission of Form RT91

D50452 Interviews with Police Officers and Submission of Reports

D50970 Recording of Road Traffic Collisions - Instructions

D51229 Checking and Calibration of Road side Breath Screening Devices

D51420 Call out of Roads Policing Group Family Liaison Officers

D51421 Appointment of a Senior Investigating Officer for Fatal and Serious Road Traffic Collisions

D51150 Methods of Drug Recognition Training and Field Impairment Testing

Equality Act 2010:

The Act creates a statutory requirement for all Functions and Policies (Including Procedural Instructions) to be analysed for their effect on equality, diversity and human rights, with due regard to the General Duty.

In principle, this document has been assessed for discrimination, which cannot be justified, among other diverse groups.

Human Rights/Discretion:

The purpose of providing policy is to give an indication to staff of the expected course of action. However it is not possible to cater for every possible combination of factors that would justify a departure from stated policy. The Human Rights Act 1998 requires the proper use of discretion at all times and nothing within this policy and associated procedural instructions prohibits the proper use of discretion in appropriate circumstances.

Where action is taken that has the potential to interfere with an individual’s Human Rights, the reasons behind the making of the decision to act in that way should be recorded on the appropriate forms, or where this is not practicable, in pocket books or policy logs.

Audit Arrangements:

This policy and its associated Diversity Impact Assessment will be reviewed every 2 years.

Rights of redress for members of the public:

Anyone who feels that a member of SYP staff has behaved incorrectly or unfairly has the right to make a complaint. Initial action should be taken in one of the following ways:

  • Complaint in writing or in person to the Senior Officer at the appropriate police station or in writing to the Chief Constable of the force concerned.
  • Visit a local Citizens’ Advice Bureau.
  • Contact a solicitor.

Rights of redress for South Yorkshire Police staff:

South Yorkshire Police staff who feel they have grounds for complaint in relation to the implementation of policies may:

  • Pursue concerns through their line manager.
  • Contact a First Contact Advisor.
  • Pursue a grievance formally through the South Yorkshire Police Fairness at Work Procedure.
  • Seek advice from their staff association or trades union.
  • Use procedural instruction D50241 Management of Complaints, in the section entitled Handling Complaints relating to Direction and Control. 
Start: 

23/4/2001

Equality Analysis: 
application/pdf iconD51035 -Recording of Road Traffic Conditions.pdf