RICHMOND -
The following is from a VSP spokesperson:
The Department's philosophy is straightforward and is stated in our policy: "The protection of life and property must be the primary concern in all emergency vehicle operations." It is balanced with the simple fact that our sworn employees accept the serious responsibility and the inherent risks of enforcing the criminal and traffic laws of the Commonwealth and this enforcement includes catching the violator, whether he is on foot or mobile. The public, the courts and legislators realize this fact and have granted operators of emergency vehicles exemptions from certain traffic laws in Virginia Code Section 46.2-920. Of course, these exemptions do not relieve law enforcement officers of the duty to operate their vehicles with due regard for the safety of others. The Department's policy complies with Virginia statutory and case law and provides stricter procedures to further ensure the public's and our employee's safety. (Example: law allows LEO disregard stop light/signs; however Department policy does not to provide further protections to the public and our troopers.)
Our Department members receive some of the best specialized training not only in the state, but in the nation. The Department is always striving to improve our training. We have been exploring funding options for a state driving track facility and driver simulator training aides, which assists in making judgment calls in emergency situations (for example on whether to pursue or not).
It is impossible to develop guidelines to cover every conceivable situation which may occur. Therefore, it is important that each employee exercise their best judgment in emergency vehicle operations, fully utilizing their training, experience, and common sense. A supervisor can call off a pursuit at any time he feels that it is in the best interest of the public. Whether the employee already knows it is for a felony stop or possibly a simple traffic violation, they do not always know who the driver is or why they are failing to stop. Numerous simple traffic stops have turned out to be serious felonies and only hindsight can dictate whether it was the best judgment. Again our troopers receive extensive training (attached) in addition to being held to the standards of the Department's General Orders. Some of the factors are listed in our General Order and include, but are not limited to the following:
a. When deciding whether to undertake or continue pursuits, officers should consider both the potential harm to persons and property arising from the pursuit as well as the potential harm threatened by the escaping offender. The factors to be examined in making this decision should include, but not be limited to, the following:
(1) the seriousness of the violator's offense, and its relationship to community safety;
(2) the time, day, and location of the pursuit;
(3) weather and roadway conditions;
(4) vehicular and pedestrian traffic or presence;
(5) familiarity with roadway;
(6) capability of pursuit and pursued vehicles;
(7) pursuit speeds;
(8) evasive tactics employed by violator; and
(9) other available means of apprehension, such as obtaining a warrant for identified violators or use of aviation support.
b. Emergency lights and siren will be continuously activated throughout the pursuit.
c. Upon notification that a pursuit is in progress, communications personnel shall immediately advise a supervisor.
d. No pursuit will be conducted in a direction against the lawful flow of traffic on a one-way street or lane of a divided highway.
e. No vehicle shall be intentionally rammed unless, under the circumstances, the use of deadly force is justified.
f. Running roadblocks may be used to stop vehicles which have failed to stop after their operators have been lawfully ordered to stop by a police officer. Sworn employees attempting to use running roadblocks must use good judgment in selecting the location to make the stop. Sworn employees should utilize only police officers in conducting such roadblocks. If circumstances permit, such action should be approved by a supervisor.
The Department's philosophy is straightforward and is stated in our policy: "The protection of life and property must be the primary concern in all emergency vehicle operations." It is balanced with the simple fact that our sworn employees accept the serious responsibility and the inherent risks of enforcing the criminal and traffic laws of the Commonwealth and this enforcement includes catching the violator, whether he is on foot or mobile. The public, the courts and legislators realize this fact and have granted operators of emergency vehicles exemptions from certain traffic laws in Virginia Code Section 46.2-920. Of course, these exemptions do not relieve law enforcement officers of the duty to operate their vehicles with due regard for the safety of others. The Department's policy complies with Virginia statutory and case law and provides stricter procedures to further ensure the public's and our employee's safety. (Example: law allows LEO disregard stop light/signs; however Department policy does not to provide further protections to the public and our troopers.)
Our Department members receive some of the best specialized training not only in the state, but in the nation. The Department is always striving to improve our training. We have been exploring funding options for a state driving track facility and driver simulator training aides, which assists in making judgment calls in emergency situations (for example on whether to pursue or not).
It is impossible to develop guidelines to cover every conceivable situation which may occur. Therefore, it is important that each employee exercise their best judgment in emergency vehicle operations, fully utilizing their training, experience, and common sense. A supervisor can call off a pursuit at any time he feels that it is in the best interest of the public. Whether the employee already knows it is for a felony stop or possibly a simple traffic violation, they do not always know who the driver is or why they are failing to stop. Numerous simple traffic stops have turned out to be serious felonies and only hindsight can dictate whether it was the best judgment. Again our troopers receive extensive training (attached) in addition to being held to the standards of the Department's General Orders. Some of the factors are listed in our General Order and include, but are not limited to the following:
a. When deciding whether to undertake or continue pursuits, officers should consider both the potential harm to persons and property arising from the pursuit as well as the potential harm threatened by the escaping offender. The factors to be examined in making this decision should include, but not be limited to, the following:
(1) the seriousness of the violator's offense, and its relationship to community safety;
(2) the time, day, and location of the pursuit;
(3) weather and roadway conditions;
(4) vehicular and pedestrian traffic or presence;
(5) familiarity with roadway;
(6) capability of pursuit and pursued vehicles;
(7) pursuit speeds;
(8) evasive tactics employed by violator; and
(9) other available means of apprehension, such as obtaining a warrant for identified violators or use of aviation support.
b. Emergency lights and siren will be continuously activated throughout the pursuit.
c. Upon notification that a pursuit is in progress, communications personnel shall immediately advise a supervisor.
d. No pursuit will be conducted in a direction against the lawful flow of traffic on a one-way street or lane of a divided highway.
e. No vehicle shall be intentionally rammed unless, under the circumstances, the use of deadly force is justified.
f. Running roadblocks may be used to stop vehicles which have failed to stop after their operators have been lawfully ordered to stop by a police officer. Sworn employees attempting to use running roadblocks must use good judgment in selecting the location to make the stop. Sworn employees should utilize only police officers in conducting such roadblocks. If circumstances permit, such action should be approved by a supervisor.
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