Raj final redacted version 07 04 14

Contributing factors

• high-speed police pursuit initiated for failing to stop for breath test
• excessive speed (150-160 kph in 60 kph zone)
• impaired driving ability from alcohol and cannabis consumption
• loss of control while attempting to overtake vehicle at excessive speed
• deficiencies and ambiguities in NSW Police Safe Driving Policy
• inadequate risk assessment regarding motorcyclist vulnerability
• insufficient emphasis on risk to pursued driver in pursuit decision-making
• multiple police vehicles joining pursuit without clear coordination or communication

Coroner's recommendations

1. NSW Police Safe Driving Policy (SDP) in respect of police pursuits be reviewed by a panel of independent experts appointed by the Minister
2. Review should address bases on which pursuits are commenced, appropriate weighting of factors, and whether pursuits are truly a last resort
3. Review should address costs and benefits of mandating pursuits only when immediate danger to public safety warrants apprehension
4. Review should address costs and benefits of specifying list of offences that do not justify high-speed pursuits
5. Review should address costs and benefits of pursuing vehicles driven by persons suspected of being under influence of drugs or alcohol
6. Review should address costs and benefits of pursuing suspected stolen vehicles
7. Review should address mandatory termination categories such as exceeding maximum speed, approaching school zones, or traffic black spots
8. Review should specifically address whether motorcyclists should be treated as special high-risk case due to vulnerability
9. Review should examine whether and how risk to suspected offender is considered in pursuit decisions
10. Review should address technological improvements to enhance pursuit safety or reduce number of pursuits
11. Review should examine extent to which Section 39 of LEPRA is used as alternative to pursuits
12. Review should address statistical recording and collection gaps regarding pursuit data
13. Review should compare NSWPF practice with other Australian and international police forces
14. Current Safe Driving Policy should be amended to eliminate identified ambiguities and clarify guidelines
15. Safe Driving Policy should explicitly reference risk to suspected offender and any passengers as major factor in pursuit decisions
16. Safe Driving Policy should identify vulnerability of motorcyclists as major factor in pursuit decision-making
17. Safe Driving Policy should reference high rate of casualties from high-speed pursuits and training should emphasize this
18. Amend policy wording from 'when gravity and seriousness require such action' to 'when gravity and seriousness indicate such action'
19. Amend Guideline 1 to replace phrase 'need to immediately apprehend' with 'desirability of immediately apprehending'
20. NSWPF should collect data identifying specific type of offence triggering decision to commence pursuits
21. NSWPF should publish full annual reports accounting for pursuits commenced and terminated, results, reasons, and casualty numbers and types
22. Urgent consideration to restricting high-speed pursuits to cases where serious offence is reasonably suspected and suspect is unidentified or cannot be located except by urgent apprehension
23. Urgent consideration to prohibiting high-speed pursuits for traffic offences that do not make driver liable to licence suspension or disqualification
24. Urgent consideration to placing two-minute time-limit on high-speed pursuits unless compelling reasons to extend
25. Urgent consideration to placing two-minute time-limit on urban high-speed pursuits and five-minute limit on rural and regional pursuits
26. Roads and Maritime Services be directed to test number plate legibility by automatic recognition technology in all conditions including low light
27. Number plate colour combinations or paints decreasing recognition accuracy should be phased out and replaced with more legible alternatives