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Association
of
Chief
Police
Officer
of
England,
Wales
&
Northern
Ireland
GUIDANCE
FOR
THE
INTRODUCTION
OF
A
NATIONAL
SPEED
AWARENESS
COURSE
Status:
This Road
Policing Business
Area Guidance,
which encourages
the development
of Speed Awareness
Courses at
a national
level similar
to other driver
offender retraining
courses, was
approved on
30 January
2006 through
the Head of
the Road Policing
Business Area.
It is disclosable
under the
FOIA 2000,
has been registered
and audited
in line with
ACPO requirements
and is subject
of Copyright.
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Background
As a direct result of the review of road traffic offending
by Dr. North, the police service initiated and still encourages
the widespread use of National Driver Improvement courses for
minor lapses in attention leading to offences of careless driving.
The movement to diversionary courses in place of prosecution has
its origin in the Road Traffic Review 1988, undertaken by Dr Peter
North. He pointed out that it was in the public interest to rectify
faults rather than punish the transgressor. He highlighted re-training
of traffic offenders as a way that might lead to improvement in
driving, particularly if the training was angled towards those
failings. The police service in a further response to his findings
and in its quest to improve road safety and reduce casualties
is keen to educate instead of prosecute low-end speed offenders,
who may have had a lapse of attention, rather than deliberately
breaking the law.
There are currently two main ways in which the motoring public
are prosecuted for exceeding the speed limit; officers witnessing
or investigating an offence or cameras deployed through a safety
Camera Partnership.
Officers (operators) witnessing the commission of a speed
offence will normally have corroborative evidence, which includes
a type approved device (including mobile cameras). They are in
a position to use discretion at the time the offence is committed,
as they actually witness its commission and are aware of surrounding
factors on the approach to the site and at the time the offence
was committed. In many situations they will also speak to the
driver and have explanations.
Fixed safety camera equipment has only photographs which
cannot show those other factors, only the speed and time of day
of the offence and limited environmental conditions. Decision
makers may have historical information on the site and the site
collision history, but will not be aware of surrounding factors
of the specific offence.
Each method of detection must be considered separately when considering
all methods of offence disposal, including speed awareness.
If the police are to introduce speed awareness as a means of disposal
to offer the errant driver an opportunity to adapt their behaviour,
then it is necessary that criteria be set to allow consistent
national rollout of speed awareness for safety camera partnerships
and police officer enforcement alike.
It has to be accepted that with safety cameras or fixed site cameras
there is a much higher likelihood of drivers being detected than
would be the case with operational officer or mobile speed camera
deployment and enforcement will often be at lower levels. As highlighted
above, cameras themselves cannot use discretion and the photographs
show only a restricted view of the circumstances of the offence,
whereas officers detecting violators can consider the site, time
of day, weather, driver behaviour and mitigation as well as other
road users present, before they decide on whether to report the
offence.
Enforcement
Results from safety camera sites now show beyond doubt that
speed enforcement reduces collisions if targeted in the right
areas. It is necessary therefore for the police service to be
as active as it can in enforcing the speed limits across all roads
where collisions occur, and down towards the current ACPO 'bottom
level' threshold 3of 10%+2, at least to a level whereby the best
casualty reduction is achieved. However, enforcement does not
have to be prosecution alone, it can be by way of education and
should be appropriate to the offence so as to maintain public
confidence, be consistent and above all fair.
It is quite possible that if all camera sites were set at 10%+2
and all drivers prosecuted, we could lose vital general public
support for remote camera enforcement, something we currently
have. If there are other ways of disposal after enforcement that
equally achieve the road safety benefit and most importantly the
level of casualty reduction we are ultimately aiming for, then
we should at least try those methods.
Enforcement and disposal of offenders
The police service have published ACPO bottom level thresholds
below which prosecution should not be undertaken; this is 10%+2
mph at all speeds (except 20mph, where speed awareness will not
be offered). Over time the police have agreed that the service
will incrementally reduce enforcement levels toward the ACPO bottom
level thresholds, where the road conditions and other specific
site conditions support enforcement. It must however be clear
that when considering speed awareness as a disposal that:
Enforcement is the level above which an offender is reported
for an offence,
Prosecution is the level above which the disposal will
be through fixed penalty or court appearance.
It is a duty of the police service to use discretion and adjudicate
on the facts when deciding how to dispose of an offence, which
might be by way of
warning, (either formal or informal)
diversion,
a programme of education, and or;
prosecution.
Traditionally the police service has only had a choice between
warning, prosecution or 'no action'.
There has been a call from a number of police forces and road
safety interest groups for other interventions, not just prosecution,
and in particular national speed diversion. There are several
forces that have already introduced their own ad-hoc speed awareness
course on a local basis, which then suffer from a lack of consistency
and fairness particularly when offenders are not local.
Local courses, without national provision, are a disadvantage
to offenders who are visitors to the force area and who may not
be able to take advantage of a similar course in their home area.
They may have additional costs for accommodation, travel and greater
loss of earnings, overall, more than the costs borne by local
offenders. However, having said this, they are offered a course
and can return to the area where they committed the offence, thereby
avoiding penalty points, which is the same disposal as that for
local residents. People returning to the area where the offence
was committed may consider they are better off than those caught
speeding in areas where currently there are no speed awareness
courses and fines and penalty points are awarded for low end speeds
such as 35mph in a 30mph restricted area.
Speed Diversion
The police service remains supportive and focussed on casualty
reduction and the protection of the public and their property
when using the roads lawfully. At the same time the service is
aware of the need to be fair, consistent and transparent, as well
as sympathetic to mistake and minor error and aware of the need
to retain public support for our actions.
Speed diversion has been raised as a suitable and developing disposal
for low-level infringements detected by police officers and remote
equipment deployed by safety camera partnerships as well as the
police. Introducing this as another means of disposal for low-level
offenders on a national basis is one way of achieving this. However,
it has to be accompanied by a procedure that restricts the number
of times this alternative measure is offered to an offender. The
time is right therefore for courses to be more tightly controlled
so as to be consistent and reliably deployed across the country.
The National Driver Offender Retraining Steering Group (N-DORS)4,
previously the National Driver Improvement Scheme Steering Group
(NDISSG)5, see this as consistent with the ethos of driver re-training
and will oversee this with other driver re-training diversionary
schemes. This will enable the National Speed Diversion Scheme
as well as National Driver Improvement Scheme to adapt to legislative
changes and any later post court training sentencing, should this
be introduced by the Government at a later date.
Current Position - Driver Improvement
Scheme
Since 1991 all forces in England, Northern Ireland, Scotland and
Wales are actively using Driver Improvement Schemes as an alternative
to prosecution for careless driving offences where a driver's
mistake, rather than intent or dangerous action, has led to a
collision. It is possible to offer such a course for drivers not
involved in a collision but found to be careless and in both cases
it must only be offered, if an officer feels they would benefit
from an improvement course.
The scheme is designed to make a driver aware of and if possible
correct poor driving behaviour arising from errors of judgement
without the need to bring the case to court. The scheme is managed
locally by a designated officer in each police force and nationally
through a steering group (N-DORS). The group is advised by ANDISP
6and DSA and has a PACTS7 representative as the independent advisor.
This process ensures courses are provided by competent bodies
who are members of ANDISP and that those courses are consistent
and available for local offenders as well as offenders from other
force areas who do not live locally. There are national guidelines
for the procedure and courses as well as a national database to
manage the referral process.
It would be sensible to use the current National Driver Offender
Retraining Scheme structure and guidelines rather than start again
and so it has been decided to be appropriate for the National
Driver Offender Retraining Scheme to take speed diversion as an
additional area for education of certain speed offenders. This
will result in the national steering group providing national
specimen contracts for service providers, the national database
for referral records and for providers to come from ANDISP approved
providers.
Speed Diversion Scheme
Consistent courses, standard initiation criteria, approved providers
and as soon as possible countrywide provision so as to allow local
attendance by offenders who commit offences at non-local sites.
Observed incidents of inappropriate speed
Officers witnessing an offence, where prosecution is not seen
as the best disposal given the circumstances of the offence, will
identify suitable offenders:
1 Who are within the criteria set out in this policy
2 Who are outside the criteria but who would benefit from speed
diversion or driver improvement.
Automatic Enforcement or Adjudication - Cases Outside General
Criteria
remote or technical enforcement, back office decisions must follow
the national guidelines but with consideration of any specific
criteria allocated to the individual site. It is accepted that
from time to time letters of mitigation or other representations
may influence a decision maker's deliberations as to an appropriate
method of disposal, making speed awareness appropriate in cases
where it might otherwise not meet the criteria in this scheme.
General Speed Diversion Scheme
If this is to be as successful as Driver Improvement Schemes are,
then it will need consistent courses, initiation criteria, approved
providers, contract guidance and as soon as possible countrywide
provision to allow local attendance by offenders who commit offences
at non-local sites.
Policy
Having highlighted the need for speed diversion and the need for
a truly national scheme the following policy will apply:
1. Speed diversion courses will meet the current national
specification of content and presentation as endorsed by ACPO
(NDORS). (see appendix A)
2. Suitable offenders will be offered other suitable venues
for the national course provided by other police forces, not only
the course provided by the areas where the offence was committed.
3. Courses offered only when the offence meets the ACPO
national standard for referral of offenders, as outlined in this
policy document. Forces would consider sites and local needs and
then introduce courses at a decided enforcement level within the
agreed criteria. (including the 3-year without a course criterion)
4. Speed Diversion courses provided to the interim approved
course specification (appendix A). (Which for now will be classroom
based with an additional on-road module if required, this are
intermediate courses between August 2005 and April 2006 (or until
the national generic model is agreed)).
5. Department for Transport research into the eventual
national generic model to be published in 2006 and adopted by
all participating forces by a date to be agreed
6. Forces who are currently providing Speed Diversion Courses,
for bottom end offenders, to realign their existing policy, procedure
and course provision to fall in line with this national policy
guidance.
7. Courses should be provided on a non-profit basis i.e.
with costs kept as low as possible.
8. Course charges are to include a small element for the
recording on the DVLA database and may include a small charge
to the police service for administration. This will be within
the charges shown at (7).
9. Forces deciding to introduce speed diversion doing so
by adopting this ACPO guidance.
Methodology - Intervention and Decision Making
With consistency and fairness in mind forces adopting national
speed diversion as part of their speed enforcement policy will
implement the following national disposal decision criteria.
Criteria limits are set for access to the national speed awareness
scheme.
The access criteria are meant to be a band within which there
is some flexibility.
Nothing in this document is meant to limit the discretion of the
police to dispose of cases appropriately - but if it is linked
to one that is under the national speed awareness scheme then
the criteria must be adopted.
Initiation Criteria
It is necessary that there are cut-offs so as to ensure a
level of consistency nationally, that is, a lower level below
which national speed awareness is not suitable and an upper-level
above which it is not given. It has, therefore, been necessary
to agree levels that appear reasonable and to leave any final
decision for individual forces taking into account their decided
prosecution level, site conditions and other local attendant circumstances.
Speed awareness - Police officer enforcement.
A police officer who witnesses an offence is in a much better
position to decide whether a course of instruction is appropriate
than is a decision-maker viewing camera photograph. For this reason
it is accepted that:
Any offender could be offered speed diversion if the speed was
within the criteria 10%+2 to 10%+6 (same as speed camera). The
officer could be using a speed detection device or a safety camera
in this circumstance; the important issue is the witnessing of
the offence and surrounding conditions.
If the offender was driving at speeds above the speed diversion
limit of 10%+6, the offence was observed by a police officer and
that officer is satisfied that it is poor driving behaviour rather
than a persistent violator, then the offender could be offered
a Driver Improvement Course. Such offenders should not be sent
on a national speed awareness course. (This would not stop a force
sending those over the 10%+6 to a specific course provided outside
of this national course, or on a course agreed by N-DORS as a
specific project)
Speed awareness - Safety Camera Enforcement
Cases not witnessed by an officer who can use discretion to decide
on the appropriateness of a speed awareness course, automatic
enforcement.
If a force accepts speed diversion then:
The police service will consider giving offenders a speed awareness
course at an enforcement threshold somewhere between 10%+2 and
10%+6 if the offender has not had such a course in the last 3
years and it is considered appropriate and beneficial given the
site and prevailing conditions.
Any offender captured on Safety Cameras where they are travelling
over the posted speed limit above the ACPO prosecution criteria
of 10%+2, by a speed below their prosecution threshold but not
above the set level of 10%+6, will be offered speed diversion
if the site conditions are suitable.
Monitoring
Speed Awareness Courses will be offered to any driver who meets
the individual force cutoff level within the national band and
who has not previously attended a course within the last 3 years
(authenticated by entry on the DVLA Database). This will not be
affected in any way by a driver's age (assuming they hold a driving
licence), gender or ethnic origin.
Officers will, when initially stopping the driver for the speeding
offence, follow normal procedure in relation to the fixed penalty
notice regarding the recording of age, gender or ethnic origin.
Safety Camera Offices and Ticket Offices will further capture
this information in the process relating to the Notification of
Offer of a Speed Awareness Course.
The ANDISP provider of the Speed Awareness Course will cater for
clients with disabilities or special needs and again take note
of the age, gender and ethnic origin of the client.
This information will be held on record and be available for any
diversity monitoring that may be required at a later date.
National Speed Awareness Course
Introduction
This course has been designed to explore the possible reasons
why drive exceeded speed limits and to try to prevent future recurrence.
The Association submits two models for consideration as National
Standards. The first is based on a theory only model and will
concentrate on objectives 1 to 6 below. This can be followed by
a further practical module, which will immediately follow the
theory class. The practical model will follow additional objectives
7 and 8.
Aims
By the end of the course drivers should be able to identify:
What causes them to speed?
The consequences of misusing speed
Strategies for coping with speed related issues, and
Demonstrate an understanding of the correct use of speed for a
variety of hazards
Objectives
1 Develop correct attitudes and behaviour
2 To identify the benefits of compliance with National
Speed Limit requirements
3 Ensure drivers leave the course having gained the correct
attitudes and beliefs towards the misuse of speed
4 To recognise different speed limit areas
5 Identify the consequences of speeding - identifying the
benefits and disbenifits of speeding
6 Recognise absolute personal responsibility for speed
7 To develop practical skills to reaffirm their attitude
towards driving at the correct speed subject to the circumstances
8 To facilitate the clients with an opportunity to examine
their attitude towards hazard perception with a view to behavioural
change in practical driving.
Methodology
Each course MUST cater for no more than 20 clients. It is essential
that clients have the opportunity to input their views and experience
and to take part in-group debate / discussion. By achieving this
clients will take ownership of the content to reach the relevant
outcomes.
The classroom must be a comfortable learning environment with
adequate toilet and refreshment areas. There must be modern electronic
presentation aids to assist with the delivery of the theory sessions.
The course must also cater for a diverse range of clients and
be able to offer tuition to those with disabilities, religious
or cultural needs and be able to accommodate those who's first
language is not English.
To successfully complete the course the clients must:
Attend all sessions
Complete all course paperwork, including any relevant questionnaires
Make a positive contribution
Demonstrate a willingness to make a commitment to improve speed
awareness skills and attitudes
Client Confidentiality
Assurance to clients that anything discussed within the course
is dealt with in the strictest of confidence.
Scheme Evaluation
A generic pre-course attitude and perception questionnaire
will be required of each client together with follow-up questionnaire
6 to 12 month's later (timings to be confirmed).
It is recognised at this point that Service Providers will also
want to focus on or give emphasis to issues affecting their location.
The following list is optional and can be added to, but MUST NOT
replace the following syllabus.
Casualty reduction figures
Urban or Rural bias
Local media coverage
Safety camera criteria & effectiveness
Local partnerships, who and why
In addition any course will not make reference to local enforcement
criteria, signage or sites and these vary from area to area.
Service Providers Additional Responsibilities
Service providers will ensure all returns are made to the
referring Police force within 7 working days of those clients
who have completed a course.
Where appropriate, if a service provider manages the DVLA data
on behalf of the police force the DVLA are updated within the
same 7 day period.
Course presentation - Theory
Course Information
Theory Session 2.5 hours
No of delegates per course Max 20
Registration
Record participant attendance formal register
Check driving licence record endorsements
Check appropriate person attends photo licence or signature
Welcome and introduction of course presenters
Cover Health and Safety and Domestic issues.
Give an outline of course timetable.
Whos who?
An explanation of the partnership between the Police, County
Council and the clients What is required of the clients?
To successfully complete the course the clients must:
Attend all sessions
Complete all course paperwork, including any relevant questionnaires
Make a positive contribution
Demonstrate a willingness to make a commitment to improve speed
awareness skills and attitudes
Client Confidentiality
Assurance to clients that anything discussed within the course
is dealt with in the strictest of confidence
Course aims and objectives
Explanation to clients of course aims and objectives as stated
above.
Bare Facts
Explanation of the following:
Driver / rider error is a contributory factor in 95% of crashes
Excess speed for the conditions is an error
Those who drive / ride fast regardless of the conditions are
3 5 times more at risk than those who do not
Pedestrians killed / relation to vehicle speed
Where crashes happen motorway / rural / urban (3% - 22% -
75%)
Exercise 1
What causes drivers to speed?
Aim
To identify what causes drivers to speed
Objectives
To recognise and address the different causes of speed including
the
Circumstances
Environment
Vehicle and
Themselves
Method
Task 1
Discussion on speeding
Where were you caught speeding?
How fast were you going?
Did you know youd been caught?
Was the limit relevant?
How did you feel when you received a ticket?
Task 2
By use of a three intertwined circle model clients are asked to
identify the three driver related areas that can affect the drivers
speed.
circumstances
environment
vehicle
Relate clients personal reasons for speeding to these three areas
Circumstances
test driving car test riding bike
lapses in concentration When you are angry
going with the flow listening to fast music
racing red mist
being late tailgaters
peer pressure passenger pressure
distractions noble causes
fatigue
Environment
when the roads are quiet unaware of dangers and consequences
speed perception distorted sun blocking speedometer
distractions
The consequences of misusing
speed
Aim
Clients to recognise the consequences of speeding identifying
the benefits and disbenifits of speeding
Objectives
To identify and list all consequences which could affect
a) themselves
b) other road users
Task 1
Clients asked to write down what they think will be the specific
consequences for misusing speed Group discussion
Task 2
Discuss consequences and recognise their effects on the driver
and other people. Consequences:
Loss of licence Fines
Inconvenience Social effects
Knock on effects with family and Insurance problems friends
Psychological effects
Cause to other people through your actions:
Injury Loss of job
Loss of life
This could result in:
Enormous fines Imprisonment
Major psychological effects
But you could also through your actions:
Be injured Lose your job
Lose your life
Testimony
The use of testimony from those who had suffered as a result of
speeding motorists, by film NOT personal appearance may be used
to good effect. Sarah Smith video available.
The benefits of not speeding Consequences V Benefits.
Exercise 3
Coping Strategies
Aim
The client to identify how he/she can cope with the issue that
causes them personally to speed
Objectives 1.
To identify the coping strategy to: -
2. Deal with personal speed issues
3. Develop a personal plan
4. Address the needs of self-discipline
Task 1
Each client to note what causes them to speed
Each client to write down how he/she thinks his or her driving
behaviour could be changed to address this causation Clients to
share these ideas with the group
Task 2 These ideas all fit in to the acronym COAST CONCENTRATION
OBSERVATION
Exercise 4
Hazard Perception
Aim
To facilitate clients with an ability to develop their hazard
awareness skills and perception in relation to speed
Objectives
To offer clients a number of driver related situations in which
they can identify the hazards and relate these to speed awareness
Resources
Photographs/DVD clips Pen and paper preferably of local
scenes
Flipchart PowerPoint/OHP
Task 1
Displaying a hazard awareness picture, explain to clients the
purpose and process of this exercise.
Divide clients into groups and issue each group with a hazard
awareness picture. Clients to identify the hazards on each picture.
Task 2
Full group exercise. Display each hazard awareness picture on
OHP or PowerPoint. Each group to identify their findings and full
group to discuss. Reinforcement
Show DfT DVD This vehicle is travelling at 35 MPH, collides with
child and travels a further 21ft than if it had been travelling
at 30 MPH Note. This is now carried out in line with the DSA
Hazard Perception Testing. The people who developed the filming
for the DSA Hazard Perception Test created the DVDs used. This
has proven to be far more successful than using a static picture
as when driving the focus is changing all the time. This also
precludes this exercise from involving just purely identification
and recall. Conclusion
Revisit key topics of the theory session and allow time for
question and answers.
Driver Responsibility
Who will be the next casualty? If YOU do not change YOUR driving
it could be YOU or it could be YOUR fault even if YOU do not
cause the crash YOU could make it worse or lose the opportunity
to avoid it if YOU are speeding.
YOU are the driver - YOU will get the points - YOU could lose
your licence - YOU could be affected for life.
What each driver is taking away from the course
Option
For each driver to make a personal pledge to watch their speed
with client writing their own pledges.
Course presentation
Aim
To assist clients in being able to recognise different speed limit
areas and select a speed appropriate to the road and traffic conditions.
Each client is provided with a written Driver Assessment Sheet
upon which they will be encouraged to improve on all aspects raised
by the Instructor by the end of the course.
Objectives
By the end of the practical session, clients should:
be able to recognise different speed limit areas
show an enhanced appreciation of the hazards likely to affect
their choice of speed
demonstrate appropriate use of speed
Clients are assigned to an Approved Driving Instructor on a two
to one ratio. There are times when clients will receive one to
one training. Unavoidable circumstances may dictate that some
clients receive training on a three to one ratio, however this
is to be avoided whenever possible.
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