Group: Road Policing Support
Owner: National Road Policing Manager, Police National Headquarters
Commencement Date: 27/02/2007
Expiry Date: 27/02/2009

SPEED ENFORCEMENT GUIDE

1.   Purpose

Excessive and/or inappropriate speeds are a major cause of road trauma and are an important factor in the severity of all crashes. International research and experience demonstrate that significant reductions in road trauma can be achieved through effective speed management. Appropriate speed management is also a key factor in the efficient and economical operation of the road network.

Police are the main provider of speed management services. The enforcement of speed limits is a key role of police officers throughout New Zealand. It is important that this role is undertaken by appropriately trained staff using calibrated equipment and with a consistent approach to speed enforcement.

2.   Operating Speed Measuring Devices

The following guidelines apply to assist Police officers conducting enforcement activity:

• Speed measuring devices (including, but not limited to, speedometers, laser and radar devices) are, if operated in or from a vehicle, only to be operated from vehicles owned or operated by NZ Police.
• Only members of NZ Police are permitted to operate speed-measuring devices for speed enforcement purposes.
• Police members must be competent to use the general type of speed measuring equipment being used at the time.
• All speed measuring devices deployed for enforcement purposes must be used in accordance with the Speed Detection Code of Operations appropriate to the device.
• Speed measuring devices may be used on all roads.
• When enforcement is taking place in an area where drivers are making the transition from a higher speed to a lower speed area, vehicles should not be targeted within 250 (two hundred and fifty) metres from the point where the speed limit changes unless there are good reasons to do so, such as protecting people operating at road works or to ensure the safety of children. (This does not apply within school zones.)
• When speed camera enforcement is taking place in the area of passing lanes, vehicles should not be targeted within 250 (two hundred and fifty) metres of the finish of any passing lane.
• Vehicles used to operate speed-measuring devices from a stationary position must be parked in accordance with the Land Transport (Road User) Rule 2004 or any bylaws in force for that location. The Crown is exempt certain bylaws under the Transport Act 1962. Police officers have an exemption against parking related offences that arise under the Land Transport (Road User) Rule 2004 by virtue of clause 1.8(3)(b) where the action was necessary in the performance of duty, but members must be prudent when parking their vehicle and ensure they do so in a safe fashion. For that reason, when selecting a location for stationary operation members must take care that their presence does not increase safety risks (such as those applying to lane merges) present at that location.
• sAll speed measuring devices are to be operated in an overt manner. Hidden or camouflaged deployment is not to be used unless there is a specific operation targeting offending consisting of:
• Sustained loss of traction; or
• Engaging in an unauthorised street or drag race; or
• Dangerous or reckless driving.
• The operation cannot effectively or safely be conducted using overt means.
• Such operations must be recorded by way of written operation order and pre-approved in writing by the district road policing manager.
• Staff using a motor cycle as a power source for a laser speed detector may apprehend speeding motorists themselves when undertaking this activity, but need to take care not to damage equipment or place themselves at risk.
• Speed measuring devices other than the speedometer may be used on a motorcycle in stationary mode only. This does not apply when speed detection equipment is being operated on a motorcycle as part of a specific trial approved in writing by the national road policing manager.

3.   Speed Kills Kids Programme

The following guidelines apply to members of Police conducting speed enforcement activity under the Speed Kills Kids Programme:

• The Speed Kills Kids Programme targets speed offending within 250 (two hundred and fifty) metres of primary, intermediate and secondary school boundaries and any pre-school that has road signage. Site selection processes must be completed in the case of speed cameras.
• Notices will be issued where drivers are detected traveling at more than 4km/hr over a speed limit within a school zone.
• The Speed Kills Kids Programme is being progressively extended in 2007 to include pre-schools, such as kindergartens, childcare centres, Te Kohanga Reo etc. Once zones have designated road signage is in place, Police officers will enforce these zones. Site selection processes must be completed in the case of speed cameras.
• Enforcement will be on a risk targeted basis at any time schools and signed pre-schools are operating, including before school, during after-school activities, weekend sport events, weekend school fairs, and galas etc.
• During the 2007 school year, the 250 (two hundred and fifty) metre boundary zone enforced by NZ Police will be maintained and may be extended in subsequent years.

4.   Certification standards

Only speed measuring devices (other than vehicle speedometers) that are calibrated by Police Calibration Services are to be used.

Speed measuring devices (other than vehicle speedometers) are to be calibrated by Police Calibration Services every 12 months. Units that have not been issued with a certificate of accuracy within the previous 12 months are not to be used for enforcement purposes.

Static and mobile speed cameras must be approved by the Minister of Police, by notice in the Gazette, as approved vehicle surveillance equipment.

No other speed detection devices require Ministerial approval.

Vehicle speedometers are to be calibrated annually by appropriately qualified personnel in Districts. The speedometers of NZ Police vehicles that have not been issued with a certificate of accuracy within the previous 12 months are not to be used for speed enforcement purposes.

Districts are to issue Certificates of Accuracy Speedometer and Odometer (POL430) when vehicles pass calibration.

5.   Traffic cameras

All mobile and static traffic cameras are to be operated in accordance with issued operating standards.

6.   Use of discretion

Police must apply a consistent approach to the enforcement of speeding offences in order to achieve reductions in road trauma and to ensure that our actions are fair and transparent.

A consistent approach enables Police to recognise reasonable variations in speedometer accuracy across the public national vehicle fleet, while providing motorists with certainty of outcome should they drive at inappropriate or excessive speeds. The following principles apply, other than in exceptional circumstances:

• Drivers detected at a speed of 11km/h or more above the appropriate speed limit must be issued with the appropriate infringement notice or summons.
• Drivers of heavy motor vehicles detected at a speed of 6km/h or more above the appropriate speed limit must be issued with the appropriate infringement notice or summons.
• Drivers of vehicles towing light trailers detected at a speed of 6km/h or more above the applicable speed limit must be issued with an appropriate infringement notice or summons.
• Drivers of vehicles detected within school zones at a speed of 5km/h or more above the applicable speed limit must be issued with the appropriate infringement notice or summons.
• Drivers of any vehicles exceeding the speed limit by less than these stated thresholds may be issued with an infringement notice if their speed presents a risk to public safety in the prevailing circumstances.
• These principles do not constitute a mandate for drivers to exceed the speed limit. In many circumstances exceeding the speed limit by any amount will pose road safety risks.

7.   Responsibilities

District commanders

District commanders are to ensure this guide is implemented in their district by ensuring that:

• Only staff competent in the use of speed measuring equipment is to use these devices.
• All devices required for calibration are presented on time on the allocated day as specified by Police Calibration Services.
• All devices requiring calibration are provided complete with all parts as required by Police Calibrations Services.
• All reasonable measures are taken to ensure that all speed measuring devices are properly looked after and operated correctly.
• Where any radar or laser device that is leased and supplied to a district is lost or sustains damage that is not considered normal operational wear or usage, the district shall pay to replace the device or pay the costs of repair.
• Only certified speed measuring equipment is used in the District.
• Training records are held in the district.
• Breaches of policy are to be reported to the national road policing manager.

It is recommended that these tasks be delegated to the road policing manager in each district.

National road policing manager

The national road policing manager is to:

• Ensure that appropriate authority is gained before new speed devices are deployed and certified.
• Ensure that Police Calibration Services complete annual checks of certified equipment.
• Provide other support to districts where appropriate; and
• Audit adherence to this Guide.

Police Calibration Services

Police Calibration Services is responsible for:

• Maintaining a database of all qualified staff that has passed the NZ Police Speed Detection Operators Module that officers must complete before operating any radar or laser.
• Producing operator certificates of proficiency for those staff that have completed the requisite training which is specified in the Speed Detection Code of Operations.
• Maintaining the national database of certificates issued to officers successfully completing the Speed Detection Operators Module.
• Annual calibration of all radar devices.
• Biannual calibration of all mobile and static speed camera devices.
• Biannual calibration of all laser speed detection devices.
• Annual inspection and certification of static camera sites.

Individual staff members

Staff must ensure that in the performance of their duties all NZ Police policies are adhered to.

Production of documentation/viewing of the device readouts (excluding speed cameras).

From time to time motorists may request to see a device logbook, certificate of accuracy or device readout at the roadside. These are matters of discretion for the Constable according to the circumstances, which may include the demeanor of the offending driver, potential risks to safety (eg. Motorists walking on the highway) or impracticability (such as speeds detected remotely from the vehicle stop). Staff are reminded, however, that catering for reasonable requests may save unnecessary court appearances or complaints.

Acting Assistant Commissioner Dave Cliff
Crime & Operations
New Zealand Police