Lords get behind amendment to bill to better protect police drivers

16 September 2021

A meeting between Federation officials and members of the House of Lords at New Scotland Yard this week has been hailed as a success by West Midlands Police Federation deputy secretary Tim Rogers who has been heading a campaign to ensure police drivers get better protection in law.

Changes to legislation within the Police, Crime, Courts and Sentencing Bill, which is set to become law next year, were aimed at ensuring police officers’ driving would no longer be assessed against the standards of the careful and competent driver.

The bill introduces a new standard to which police drivers must conform, linked to an individual driver’s training and their force policy. It follows that an officer will be licensed to drive according to what they are trained to do, but no more. Performing a manoeuvre that is not trained or is not policy is likely to fall within the new definition of careless or dangerous driving. Going beyond the terms of the licence could give rise to criminal liability.

“As part of three amendments the Federation is seeking to the bill, we want to see a reasonableness defence clause added 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 and the threat that is posed. Any departure from the relevant standard should be reasonable and proportionate,” says Tim, the national Federation lead on pursuits and driver training.

“During a meeting on Tuesday, I was able to discuss my concerns about the new bill with Lord Bernard Hogan-Howe, Lord Willy Bach and Lord Vernon Coaker and they fully understood the amendments that are required.

“They have agreed they are an essential aspect of making the bill fit for purpose to ensure our colleagues covering the millions of miles of our roads network to keep the public safe are given the support and protection they deserve and are not penalised for doing their jobs.

“To make the bill achieve what legislators intended, we need this amendment.”

An amendment to Section 163 powers is also being put forward. This would enable officers to compel drivers to switch off their engines, a measure which could help stem the growing number of officers injured when drivers make off after a police stop. Figures show one in four roads policing officers were subjected to a vehicle being used as weapon against them during the past year.

Tim was part of a delegation from the Police Federation of England and Wales (PFEW) Parliamentary Sub-Committee to meet the peers ahead of a debate on the bill in the House of Lords.

In addition to changes that would affect police drivers, the Federation, via its Time Limits campaign, is fighting for police conduct investigations to be concluded within 12 months from the moment an allegation is made.

The Federation wants legally qualified people to be given the power to impose deadlines on investigations which have dragged on for a year.

National Federation conduct and performance lead Phill Matthews said: “We’ve explained our rationale on why we think it is important for complainants, members of the public and our police colleagues to get complaints dealt with within a 12-month timescale or, if not, to have some legal oversight on why the investigations isn’t moving at a reasonable and fair pace. The Lords have understood that and are prepared to support that in the bill which is great news.”

The tabled amendments, which have already gained cross-party support, will now be taken forward to the committee stage and will be discussed in detail by the House of Lords.

Parliamentary Sub-Committee secretary Tiff Lynch said: “I am really grateful to those peers in the House of Lords who are showing us so much support for our amendments. We will continue pushing towards a change in legislation which will support and protect our members.”