Change to driving law for officers must be fit for purpose

11 June 2021

Federation representatives are being urged to implore their chief officers to ensure that changes to driving legislation aimed at better protecting police drivers make the law truly fit for purpose.

Tim Rogers, deputy secretary of West Midlands Police Federation and national pursuits and driver training lead, gave an update on the provisions of the Police, Crime, Courts and Sentencing Bill during a roads policing session at yesterday’s Federation conference.

The bill, which is due to become law later this year, sets out changes that will mean officers will no longer be judged by the standards of the careful and competent driver, allowing their professional training and expertise to be taken into account.

But Tim fears the wording of the proposed legislation could lead to officer being further criminalised.

“We are very grateful for the support so far from the Government, the Home Office, the Ministry of Justice, the National Police Chiefs’ Council and the Independent Office for Police Conduct,” he said, but adding that an amendment to the bill is now required.

A new legal test will currently be applied so officers’ driving will be measured against that of a ‘careful and competent police driver’, however, this could still leave them exposed.

“An officer will be licensed to drive in accordance with what they have been trained to do but nothing more. Performing a manoeuvre which is not trained or in policy is likely to fall into the new definition of dangerous and careless driving under a new test against the careful and competent police driver,” Tim explained.

“Going beyond the terms of that licence could give rise to criminal liability. I have grave concerns around the practicality of this approach.

“What’s a police officer to do if they encounter something which falls outside of this policy? The bill in its current format won’t permit a police officer to respond legally when confronted by the many and varied situations officers are likely to encounter while driving police vehicles.”

The Federation has raised its concerns with the National Police Chiefs’ Council and is pressing the Government to consider adding a reasonableness defence clause to the bill to give officers flexibility to respond legally to the matters they encounter on duty.

This would take into account what they reasonably believe they are responding to, the threat that is posed and any departure from the relevant standard should be reasonable and proportionate.

On Tuesday, Tim asked the Home Secretary to support the Federation’s amendment to the bill.

Priti Patel said there was no intention to criminalise officers and that as the bill made its way through Parliament the Home Office would work through how it could make it work in the right way.

During the session, West Midlands PC Vaughan Lowe gave a moving account of being subjected to a seven-year criminal and then conduct investigation after being involved in a road accident, while driving a police car, in which a pedestrian died.

“Vaughan is just one of many officers who have been to hell and back when subjected to these investigations when all they have done is carry out the job the Force and the public expect of them,” said Tim.

“This change to the law, which will see their skills and training recognised while acknowledging the unique nature of their role, is critical but we must ensure in preventing one type of jeopardy officers face we don’t open up another.”