Recording REFERENCE NUMBER. IMPLEMENTATION DATE June 2015 NEXT REVIEW DATE July 2018 RISK RATING EQUALITY ANALYSIS

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1 PROCEDURE Security Classification Disclosable under Freedom of Information Act 2000 Yes Road Traffic Collision Reporting & PROCEDURE TITLE Recording REFERENCE NUMBER A084 Version 1.0 PROCEDURE OWNERSHIP DIRECTORATE BUSINESS AREA PROTECTIVE SERVICES FORCE OPERATIONS IMPLEMENTATION DATE June 2015 NEXT REVIEW DATE July 2018 RISK RATING HIGH EQUALITY ANALYSIS LOW Warwickshire Police and West Mercia Police welcome comments and suggestions from the public and staff about the contents and implementation of this policy. Please write to the Business Planning Manager, Strategic Service Improvement, Hindlip Hall, PO Box 55, Worcester, WR3 8SP or

2 1.0 ABOUT THIS PROCEDURE This procedure explains the process through which Warwickshire Police and West Mercia Police will investigate, report and record road traffic collisions. 2.0 PROCEDURE 2.1 Initial Report When a person telephones the police to report a road traffic collision, the following information will be ascertained: (a) (b) (c) (d) (e) Has anyone been injured? Is there any danger requiring immediate action by any of the emergency services? Is there any obstruction to traffic? (i.e. can the vehicles be moved?) Are there allegations of offences being made against another driver/person? Do the circumstances warrant the attendance of a police officer? Consider whether any person is at risk; for example a female alone, an elderly person or someone requiring police assistance. If the answers to all the above questions are no, the member of staff will explain the provisions of Section 170 Road Traffic Act, It must be remembered that a road traffic collision may be a traumatic experience for members of the public concerned. Although unnecessary deployment of resources is undesirable, we must always seek to provide a caring service. The operator therefore has discretion to send a police resource where this is considered necessary e.g. foreign driver involved or one driver is aggressive. An incident log will not be created in circumstances where the police are informed of but do not attend/record, a road traffic collision or off-road collision. 2.2 Fatal and Injury Collisions All fatal and injury road traffic collisions reported to, or coming to the knowledge of, the police will be recorded and reported on a Collision Report MG NCRF. The report MUST include completion of the injury statistics section of the MG NCRF document, (the MG NSRF section). Injury collisions where pedal cyclists only are involved still require the completion of both the MG NCRF and MG NSRF sections even though there may be no impact with any other vehicle.

3 Any collisions involving minor injury, which are reported 48 hours or more after the occurrence, will not be recorded unless Section 170 Road Traffic Act, 1988 has not been complied with or the collision has occurred on another force area. Single Car RTC - Driver only who is injured. No other parties involved. Circumstances are non-reportable but are recordable if an officer attends. We record for statistical purposes mainly. Animal only injured. This is reportable but non-recordable as long as details are exchanged. 2.3 Damage Only Collisions Damage only collisions will not be recorded unless one or more of the following conditions apply: (a) (b) (c) The driver has failed to comply fully with the statutory requirements of the Road Traffic Act, i.e. fail to stop, report, or exchange details. The officer considers that there is sufficient evidence about the manner of driving to prove an offence and that there is a realistic prospect of a successful prosecution; The collision occurred in another Force s area. Such collisions, which have occurred in the Warwickshire Police and West Mercia Police areas and are reported 48 hours or more after the occurrence will not be recorded unless Section 170 Road Traffic Act, 1988 has not been complied with. This will not apply in the case of (c) above where all collisions require recording on collision report form MG NCRF and forwarding to the relevant force. If 2.3 (a-c) applies then the Self Reporting form can be issued to the driver/owner of the vehicle. 2.4 Collisions Involving Animals/Street Furniture Such collisions should be attended by an officer to identify any possible risk to other road users or possible offences, ie drink driving. An incident record should be created to include the name/address of the parties involved and a description of the animal/street furniture. No further documentation is required, (unless paragraphs (a), (b) or (c) in section 1.3 apply). Third parties must be informed, where appropriate, by the member of staff receiving the report i.e. County Council or Highways Agency.

4 2.5 Off-Road Collisions and 'Other Collisions' Where an injury is sustained, collisions should be recorded on the Collision Report MG NCRF (including the MG NSRF form) in the following circumstances: (a) (b) (c) (d) (e) (f) Collisions on footpaths to which the public have right of access. Collisions involving boarding and alighting from passenger carrying vehicles (PCVs). Collisions in which PCV passengers already aboard a PCV are injured, with or without the involvement of another vehicle, or a pedestrian, being struck. Collisions on bridle paths or country tracks, etc. (where motor vehicles are lawfully allowed to use them). Collisions in which a vehicle runs out of control and has a collision off the public highway. Collisions on railway level crossings. Statutory Instrument 2000 No. 726, extended Section 170 of the Road Traffic Act, 1988 to include 'public place' for the purpose of collision reporting. The police will not generally investigate/record collisions involving minor damage which occur in the course of low speed manoeuvres in a public place, e.g. public car park. Such collisions will be recorded on the Collision Report MG NCRF where the provisions of Sect 170 RTA are met. 2.6 Breath Tests Under the provisions of Section 6(5) RTA 1988, If an accident occurs owing to the presence of a motor vehicle on a road or other public place, a constable may require any person who he has reasonable cause to believe was driving or attempting to drive or in charge of the vehicle at the time of the accident to provide a specimen of breath for a breath test. When an officer attends a road traffic collision, ALL drivers involved will be breath tested. It is important that officers who administer breath tests stress to drivers that this requirement adheres to Force Policy. 2.7 Initial Action Any member of staff dealing with any incident on a road or where there is likely to be the movement of vehicles should always wear high visibility clothing in accordance with Force and Divisional instructions. This is to minimise the risk of injury and harm to the member of staff.

5 An officer attending the scene of a collision will establish whether, or not, the collision should be recorded on a collision report, within the terms of the Force policy outlined in the preceding paragraphs. The investigation process is outlined in Appendix A. 2.8 RTC Procedures In every case all drivers involved must be handed an advice leaflet Prosecution Considerations All investigations will be submitted to the Evidence Review Officer (ERO) / Decision Maker (DM) within the Traffic Process Management Unit. They will assess all of the evidence available, liaise with CPS (where necessary) and decide on the most appropriate and proportionate disposal method available. The officer at the scene should interview, under caution, the driver(s) of the vehicle(s). If this is not possible, e.g. because of personal injury, a verbal explanation should be obtained and the driver informed that he/she may be contacted at a later date. Witnesses and 'other drivers' will be informed at the scene that no written statements will be taken at that stage but that the police may contact them later, requiring them to complete a pro-forma statement (contact details such as would be useful). Brief verbal explanations as to how the collision happened should be recorded and signed by the maker. Such explanations will greatly assist the ERO/DM to decide what further course of action, if any, is required. Officers attending the scenes of road traffic collisions must not give an opinion as to whether proceedings will result. Road Death Investigations will routinely be completed by members of OPU and should be conducted in accordance with the APP advice -Investigating Road Deaths. The process of recording RTC s is covered within Appendix A. If the collision is not recorded, the officer must advise the drivers concerned that they have complied with the statutory requirements of the Road Traffic Act and that a police collision report will not be completed. An entry on the incident log should be made. Where a member of the public appears aggrieved by an officer's decision not to record particulars, the officer will make it clear to the parties concerned that their dissatisfaction has been noted but particulars of the collision will not be recorded, in accordance with Force policy. These circumstances should also be recorded on the incident log 'Fail to Stop' Collisions Should officers attend a 'Fail to Stop' collision, immediate enquiries should be made in an effort to locate both the offending driver and vehicle. If any witness has essential evidence for investigation, consideration should be given to obtaining a written

6 statement as soon as possible. The victim should be kept informed of the progress of the enquiry. The Traffic Process Mangement Unit, must ensure that all parties are informed of the final disposal of the collision report Damage Only Non Stop RTC. In circumstances where there is no immediate likelihood of identifying the offending vehicle, the incident will be recorded on a incident log only after it has been established by the investigating officer that all enquiries to trace the offending vehicle have been made and have proved negative (i.e. CCTV, potential witnesses and PNC partial registration number search etc.). If ongoing enquiries later identify the offender then a new log should be opened and linked to the original. A collision report MG NCRF must be completed. In both circumstances the injured party will be provided with the incident log reference number for both insurance purposes and as a reference should they come into possession of additional information. Where a damage only non stop RTC occurs in another force area and is reported to Warwickshire Police and West Mercia Police and it is clear that there is no likelihood of tracing the offending vehicle then all relevant details must be recorded on an incident log, contact made by the OCC with the relevant force, and the information passed to them. (If the incident involves injury or the offending vehicle is identified then the incident will be recorded on a collision report form MG NCRF and forwarded to the relevant force.) 2.11 Collisions Involving Police Officers and Support Staff. Whenever an on-duty police officer or member of police staff, driving a PCC owned/hired vehicle or a privately owned vehicle for police purposes, is involved in a road traffic collision, involving a third party a Collision Report MG NCRF will be required. Where a member of staff is involved in an RTC travelling to or from work and it later transpires that that person has sustained injury, this will be a duty-related collision in so far as pension regulations are concerned and will necessitate the completion of an MG NCRF booklet Police Vehicle Collision involving injury/damage- Highway or public place. Police officer/staff to inform OCC immediately and an incident log to be commenced. In all cases, it should not be investigated by the officers immediate supervisor and should be an officer of the rank higher than the officer involved. Where this is not practicle then an independent officer preferably from a different policing area/department with the relevant experience should attend. The Investigating Officer will forward the collision report (MG NCRF), to the Traffic Process Management Unit within three days of the incident. OCC to incident OIS log to Transport/Driving school.

7 2.13 Minor Damage to Police Vehicles In circumstances where minor damage is discovered on a PCC owned vehicle that damage must be reported immediately to a supervisor. The vehicle s log book will be endorsed. A Police Vehicle Damage form (PVD 1) will be completed as soon as is practicable and in any case on the same day as the incident occurred. Once completed, distribution to Transport and the Driving School, will be automatically achieved when the SEND button is pressed Procedures Collisions involving Police Vehicles should follow the procedure as outlined in point This may not be possible on all occasions and in circumstances where aggravating conditions exist which may affect public confidence or attract media attention, the Local Policing Area or duty Superintendent should be consulted, they will then dictate the level of the investigation. Suspension from driving of officers/staff involved in such collisions will, where necessary, be at the discretion of the investigating officer in consultation with the Divisional Commander/Head of Department. Where a collision is contentious or likely to attract publicity, the Investigating Officer should ensure that full details are forwarded to the relevant Divisional Commander and the Head of Professional Standards at the earliest opportunity. The ERO/DM will then decide whether further enquiries are necessary. Once they are satisfied that the enquiry is complete, they will decide whether an advice file should be forwarded to the Crown Prosecution Service (CPS) and will retain the original documents until the advice of the CPS is known. Where the CPS recommend proceedings, details should be forwarded to the Head of Professional Standards, who should be kept informed of progress. The ERO/DM will ensure that, on completion of proceedings, the results are forwarded to the Divisional Commander/Head of Department and Head of Professional Standards. The file may be made available to Driver Training for for consideration of any necessary additional driver training. Driver Training will retain collision details in respect of individual members of staff in order that subsequent incidents can be interpreted in the light of previous similar occurrences.

8 Where a police vehicle, or any motor vehicle being used by a police officer or member of support staff on duty, is involved in a collision outside the Warwickshire Police and West Mercia Police Force area the collision should be reported to the local police, at the earliest opportunity, and their guidance followed. Additionally, the staff member involved will also complete the Police Vehicle Damage form)on the Force Intranet, Police officers/staff who are driving PCC owned/hired vehicles involved in reportable road traffic collisions are reminded of their responsibility to disclose this to their respective vehicle insurer Collisions Reported at Front Counters Collisions reported at police stations will follow the same initial recording criteria outlined in previous sections and Appendix A. Where a report must be completed, the member of staff (police officer or police staff) receiving the report should endeavour to complete the Electronic Collision Report located on Force Templates fully, including the statistics in injury collisions, in order to avoid the need for the collision report to be passed to another person for completion.the report must include a brief description of how the collision happened and direction of travel of vehicles involved. In the event of any injury a grid reference must be obtained using QAS via the force intranet home page. Under no circumstances should the grid reference generated on incident log be used. In addition to the above, an incident log must be created in every case. Collisions involving minor injury or damage only, which are reported 48 hours or more after the occurrence, will not be recorded unless the collision has occurred on another force area or Sec 170 of the Road Traffic Act has not been complied with. In every case all drivers involved must be handed an advice leaflet 2.16 Post Collision Enquiries Where the Police have not been previously notified of a collision occurring or no collision report has been completed as a result of this procedure, but subsequently it is revealed that one or more of the parties involved in the collision had no valid insurance cover at the time of the collision, then an obligation exists for an investigating officer to be appointed and a prosecution file of evidence completed for consideration by the Traffic Process Management Unit and the CPS. In these circumstances it may not be necessary for an MG NCRF booklet to be completed.

9 3.0 ROLES & RESPONSIBILITIES The Police have a responsibility to ensure that all road traffic collisions are investigated thoroughly and impartially. All staff receiving a report of a road traffic collision have a responsibility to deal with the matter in accordance with this policy. Supervisors have a specific responsibility to quality check all MG NCRF collision recording booklets and statistics, where appropriate, before their submission to Traffic Process Units. Supervisors have a specific responsibility in relation to collisions involving members of staff on duty driving vehicles being used for police purposes, as outlined in this procedure. Other supervisory responsibilities are contained within policies associated with this procedure indicated in the related procedures section. The Traffic Process Management Unit will allocate an OIC, record and monitor the progress of the RTC, ensuring all enquires are completed expidiously. ERO/DM will review all evidence, providing investigation advice, act as CPS liaison and decision makers with regards to prosecutions. 3.1 RELATED PROCEDURES, PRACTICES OR OTHER AGENCY SERVICE AGREEMENTS This procedure is to be read in conjunction with the Warwickshire Police and West Mercia Police Data Protection, ICT, Road Death APP, Incident Data Recorders and the Driving Standards policy. 3.2 ADMINISTRATION Collisions as previously mentioned within this procedure should be recorded on the form MG NCRF, or the electronic PVD 1 form, available on the Force Intranet, as appropriate Submission of Collision Reports The collision report (including the MG NSRF injury form where applicable) must be completed fully using the electronic collision report available on Force Templates and scanned to the Traffic and Process Units within three (3) days. All entries in a collision report must be made using BIRO and should be printed in BLOCK CAPITALS. It is essential that the HOW COLLISION OCCURRED section of the report (MG NCRF/A) is completed at this stage This section must include the direction of travel of all vehicles involved. Grid references which are required for all personal injury collisions must be obtained using the QAS system via the home page on the force intranet. Under no

10 circumstances should the Grid Reference, created in the incident message for each incident, be used. The Accident Statistics pages(mg NSRF) at the rear of the collision booklet must be completed prior to initial submission, for all personal injury collisions occuring on a public highway. The Sector/ Beat number must be completed for all collisions. If a GENIE check provides a hit, the nominal number must be recorded in the Other I.D. box within the Driver and Vehicle details page. Should the report need to be returned to the officer for further enquiries, a note to that effect must be attached to the report. The report will not be retained by the officer because there are offences arising out of the collision, or some other criminal activity is involved. When completing a collision report, officers may wish to include a recommendation as to whether the circumstances are sufficient to warrant proceedings against any driver, bearing in mind the criteria for prosecution. This should be completed on form A30 or A30(i) and attached to the report. The collision report will be submitted to the Duty Sergeant for examination to ensure the minimum submission standard has been complied with. In addition to the quality check the Duty Sergeant will be responsible to ensure the initial investigation has been completed Any points of special significance should be highlighted, on form A30 or A30(i), for the attention of the Traffic and Process Units. Supervisors are reminded to ensure they complete their details in the initial submission quality section on the rear cover of the MG NCRF The Traffic Process Management Unit. must the collision statistical forms to the collision intelligence office at Headquarters the same day the collision report is entered on to the Collision Recording system. 3.4 The difference between Reportable and Recordable collisions There is an important difference between a reportable collision under the Road Traffic Act and a recordable collision required by the Department of Transport (DfT). The DfT requires the recording of collisions involving death or personal injury, which occurs on the public highway (note that this is different than a road ) and in which one or more vehicles (not just motor vehicles) are involved. This data is called Stats 19. The definition of a collision under Stats 19 is wider than that used in Section 170(1) of the RTA 88. Although the collisions are recordable under the definition they are not reportable under the RTA 88. The following two scenarios are examples where the collision is recordable for the DfT but not reportable under the RTA 88.

11 a) The driver of a motor vehicle, who is not accompanied, collides with an unattended skip at the side of the road. The skip is undamaged and the driver sustains a fractured leg in the impact. b) A pedal cyclist riding along the road suddenly falls off for no apparent reason. The rider sustains cuts to the legs but does not require medical treatment. Neither scenario is reportable under the RTA 88 however, both cases are recordable because of the injuries sustained and this will necessitate the full completion of the MG NCRF booklet and associated injury statistical information section. 4.0 CONSULTATION 5.0 DOCUMENT HISTORY The history and rationale for change to policy will be recorded using the chart below: Date Author / Reviewer March Sgt Gareth 2015 Morgan July 2016 Insp Gareth Morgan Amendment(s) & Rationale Date approval / adoption Harmonisation JNCC 03/06/2015 Policy Review No changes 18/07/ ASSESSMENT AND ANALYSIS The Equality Analysis (EA), Health and Safety Assessment (HAS) and Risk Assessment (RA) associated with this document are available on request.