Policy which allows officers not on call to park on restricted bays/ Taxi ranks

Freedom of information request reference no: 01.FOI.24.035873

I note you seek access to the following information:

I was advised by one of your officers that police vehicles are entitled to park on a clearly marked restricted bay / taxi rank on a red route with signage that states No stopping except taxis.

I understand that in emergencies the police service would take priority, but the police officers I refer to we’re getting a takeaway and chatting to the kebab shop owner. Clearly not an emergency.

Please advise if there is an exemption policy from the the Highway Code rule 240 or a law that allows for non emergency police vehicles to park on Taxi ranks without good reason. I can find none in the public domain.

Decision

I have today decided to disclose the located information to you in full.

Please find below information pursuant to your request above.

Question. Please advise if there is an exemption policy from the the Highway Code rule 240 or a law that allows for non emergency police vehicles to park on Taxi ranks without good reason. I can find none in the public domain.

There is no exemption policy from the the Highway Code rule 240, or a law, that allows for non emergency police vehicles to park on Taxi ranks without good reason.

The MPS Police Driver & Vehicle and Equipment Standard Operating Procedure (SOP) provides guidance to staff on the use of vehicles used by the Met.

Section 1.44 of the SOP states that certain exemptions are written within traffic management orders or the Road Traffic Act, however, this can differ by local authority and some are enforced by Transport for London (TfL).

Essentially, there is nothing specific in the policy around an exemption for parking.

The caveat is that exemptions can only be used for a ‘police purpose’.

There is no legal definition of a police purpose, or what would or would not constitute justification for ‘making use of our police exemptions’, however Section 1.54 of the SOP provides guidance as to what the MPS would not normally consider justification; included in this list is: ‘To take refreshments’.

Relevant sections of the MPS Vehicles and Equipment policy referred to above have been abstracted and can be found below.

The following information is abstracted from the:

‘Police Driver & Vehicle and Equipment Standard Operating Procedure (SOP)’

“1.44 Other police exemptions e.g. Parking, Bus Lanes and Traffic regulations

Police vehicles have specific exemptions in law for certain road traffic regulations these are specific for Speed, Red ATS and keep left/right signs. There are a number of other traffic regulations where exemptions are general and are referred to either in the Road traffic Act or a Traffic Management Order. These exemptions cover for example parking, bus lanes and pedestrian crossings. Some local authorities are responsible for enforcement of these restrictions e.g. London councils and Transport for London. Most authorities offer a dispensation from these regulations for vehicles used for Fire, Ambulance and Police purposes. There is no legal definition of what is a police purpose and often this is a decision for local authority managing the road traffic restriction. Wherever possible, vehicles used by Met employees should be parked legally, and should comply with any traffic regulations and more generally police vehicles should patrol in the normal flow of traffic unless they are responding to an emergency or required to carry out a policing activity e.g. dealing with enforcement, stopping vehicles or providing assistance to the public. As a guide the list contained in Section 1.54 of this SOP is given as to what the Metropolitan Police Service would not normally consider justification for contravention of any local traffic restrictions. Where officers have to park in contravention of restriction they will need to prove to the satisfaction of the Penalty charge issuing authority what was the nature of the police purpose and this should be recorded in the officers note book or on a CAD

1.54 Legal Exemption for vehicles being used for a police purpose

The Road Traffic Regulations Act 1984 and Traffic Signs Regulations and General Directions 2002 exempts emergency vehicles from the observance of speed limits, observing keep left/right signs and complying with some red traffic signals, if such observance would hinder the use of the vehicle for the purpose it was being used for on that occasion. In terms of police driving, making use of these facilities is commonly referred to within the Service as ‘Making use of our police exemptions’.

There is no legal definition of what would or would not constitute justification for ‘making use of our police exemptions’. However, the following guidance is given as to what the Metropolitan Police Service would not normally consider justification:

• To attend meetings
• To attend court
• To book off at the end of a tour of duty
• To take refreshments
• To familiarise yourself with a new make or model of vehicle. If this is felt necessary the officer should consult the Met Driver Training School and their local supervisor(s)
• To attend a briefing unless it relates to an immediate, ongoing incident such as a bomb explosion, spontaneous public disorder, major or critical incidents, etc.
• When officers are ‘On Call’ unless it relates to an immediate, ongoing incident such as a bomb explosion, spontaneous public disorder, major or critical incidents, etc. the officer is driving a Met vehicle and is called out to attend an incident, such as, as a matter of urgency
• When using a police vehicle for work to home or home to work journeys
• When using a privately owned vehicle whilst on duty or on call
• Any use of legal exemptions by a Basic category driver

Drivers are reminded that driving at speed and driving on the wrong side of keep left/right signs is inherently hazardous because circumstances can change and situations develop rapidly.

Treating red traffic signals as give way signals is particularly dangerous and this must always be done safely at minimal speed or from a temporary halt.

The above list is not definitive, but the use of police exemptions to override normal traffic legislation must be justifiable and may be the subject of close examination, both internally and externally, should an incident occur as a result of their use.

The legal exemptions regarding red traffic signals, speed and directional signs may exempt a driver from criminal conviction but a driver may still be liable to a civil action if they have driven negligently in any particular circumstances. In this event it will be necessary to show that the use of the exemption(s) was justifiable.