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OTTAWA POLICE SERVICES BOARD
COMMISSION
DE SERVICES POLICIERS D’OTTAWA
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Working
together for a safer community
La
sécurité de notre communauté, un travail d’équipe
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REPORT
RAPPORT
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DATE 25
June 2012
TO/DEST. Chair
and Members, Ottawa Police Services Board
FROM/EXP. Executive
Director, Ottawa Police Services Board
SUBJECT/OBJET AMENDMENT TO
BOARD
POLICY ON SPEED MEASURING DEVICES
RECOMMENDATION
That the Ottawa Police
Services Board approve the amended Board Policy on Speed Measuring Devices (#AI-013)
set out in Annex A.
BACKGROUND
The
Ontario Ministry of Community Safety and Correctional Services publishes a
Policing Standards Manual that contains guidelines to assist police services
boards, chiefs of police and municipalities with their understanding and
implementation of the Police Services Act and its regulations, including
the Regulation on the Adequacy and Effectiveness of Police Services.
The Ottawa Police Services Board has adopted the standard guidelines published
by the Ministry through its policies contained in Chapter 4 of the Board’s
Policy Manual. These policies form part of the Board’s instructions to the
Chief of Police. For each Board policy there is a corresponding police service
policy or “procedure” that contains the detailed operational requirements
mandated by the Ministry.
In February
2012 the Ministry issued an amendment to its Speed Measuring Devices Guideline
AI-013 (formerly called Speed Detection Devices). The Ministry guideline is
captured in the Board’s Policy AI-013. This guideline addresses policy on the
proper acquisition, use and maintenance of speed measuring devices and related
qualifications and training. The amendments introduced include: specific
training requirements for an operator, instructor and master trainer; updated
references to various technical manuals; and changes to reflect the new name of
the policy. The revised guideline also contains an expanded and revised legislative
reference section and the addition of an explanatory preamble in the Board’s
policy.
The current
version of the policy is as follows:
Current Version
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LEGISLATIVE
REFERENCE / AUTHORITY
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Occupational Health and Safety Act
(OHSA), Ontario
Ministry of Labour's Health and Safety Guidelines "Radiofrequency and
Microwave Radiation in the Workplace"; the current Model Minimum Performance Specifications for Police
Traffic Radar Devices DOT HS 808-069 publication of the National Highway
Traffic Safety Administration (NHTSA); and/or the current Model Minimum
Performance Specifications for Lidar Speed Measurement Devices – DOT HS 809
239 publication of the National Highway Traffic Safety Administration
(NHTSA).
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BOARD
POLICY
It is the policy of the Ottawa Police Services Board with respect to
speed detection devices that:
1. The Chief of Police will:
a) ensure
the provision of speed detection devices
that:
i)
comply with the current Model Minimum Performance
Specifications for Police Traffic Radar Devices DOT HS 808-069 and/or the
current Model Minimum Performance Specifications for Lidar Speed Measurement
Devices DOT HS 809-239 (recommend phased in through new expenditures by
January 1st 2005);
ii)
do not exceed
5mW/cm2 for the emission safety limits in compliance
with Appendix 1 on Occupational Exposure Limits established by Health Canada’s Safety
Code 6 and adopted by Ontario Ministry of Labour's Health and Safety
Guideline "Radiofrequency and Microwave Radiation in the Workplace”;
iii)
are tested for
accuracy on set-up; and
iv)
are tested and
certified initially by the manufacturer’s requirements in accordance with NHTSA
standards and tested and certified following any repair/maintenance with
information on tested emission levels and maintenance recorded;
b)
ensure that each
member uses, maintains and cares for the speed
detection devices provided to them in accordance with the standards
established by the Minister;
c)
ensure that police
officers do not:
i)
use speed detection devices unless the member has successfully completed
the required training course(s) delivered by a qualified instructor;
ii) have speed
detection devices transmitting when not in use; and
iii) direct the speed
detection devices towards any part of the body, specifically the head and groin
areas;
d) ensure that, at least every
twenty four months, every member who may be required to use speed detection devices receives a
refresher training course by a qualified instructor that reviews the topics
covered in the initial training course, including updates on changes in case
law, new technological developments and/or operating procedures; and
e) ensure that police officers receive information
regarding the Model Minimum Performance
Specifications for Police Traffic Radar Devices DOT HS 808-069, Model
Minimum Performance Specifications for Lidar Speed Measurement Devices DOT HS
809-239, Health Canada’s Safety Code 6 and the OHSA
including the Ontario Ministry of Labour's Health and Safety Guideline "Radiofrequency
and Microwave Radiation in the Workplace.
Revised
Version
The revised
Ministry Guideline for the Board policy is contained in Annex A.
CONSULTATION
No
consultation was required as the amendment was made by the Ministry of
Community Safety and Correctional Services and all police services boards are
expected to adopt the policy guidelines issued by the Province.
FINANCIAL
STATEMENT
There are
no financial implications associated with this report.
CONCLUSION
All police
services boards in Ontario are expected to adopt policies that are consistent
with the standard guidelines issued by the Ministry of Community Safety &
Correctional Services. The Ministry recently made revisions to the Speed
Measuring Devices (formerly called the Speed Detection Devices) Guideline,
which is reflected in the Board’s Policy Manual as Policy AI-013. Approval of
the amendment proposed in this report will ensure the Ottawa Police Services
Board remains compliant with Ministry standard guidelines.
(original
signed by)
W.
Fedec
Attach.
(1)
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Policy
Number: Policy Subject:
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AI-013 SPEED MEASURING DEVICES
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LEGISLATIVE
REFERENCE / AUTHORITY
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Ontario
Adequacy Standards Regulation (O. Reg.) 3/99, Sections 8 and 29
Occupational Health and Safety Act
(OHSA)
Ontario
Ministry of Labour's Health and Safety Guidelines "Radiofrequency and
Microwave Radiation in the Workplace"
Ontario
Police Health & Safety Committee (OPHSC) Guidance Note #8 on “High
Visibility Garments”
Health
Canada’s Safety Code 6, 2009
The current “Speed Measuring Device Performance
Specifications: Down-the-Road Radar Module” (DOT HS 809-812, June 2004
Technical Manual, or successor versions), published by the National Highway
Traffic Safety Administration (NHTSA);
The current “Speed Measuring Device Performance
Specifications: Lidar Module” (DOT HS 809-811, June 2004, Technical
Manual or successor versions) published by the NHTSA.
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DATE
APPROVED
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25
July 2005
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DATE
REVIEWED
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October
2010
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DATE
AMENDED
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25 June 2012
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DATE
TO BE REVIEWED
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2013
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REPORTING
REQUIREMENT
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Annual
compliance reporting
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LEGISLATIVE
REFERENCE / AUTHORITY
Section 29
of the Ontario Regulation (O. Reg.) 3/99 (“Adequacy and Effectiveness of Police
Services”), made under the Police Services Act (PSA), requires a police
services board to have a policy on traffic management, traffic law enforcement
and road safety which includes a policy on the proper acquisition, use and
maintenance of Speed Measuring Devices and related training.
In
addition, section 8 of O. Reg. 3/99 requires the Chief of Police to establish
procedures on traffic management, traffic law enforcement and road safety which
includes procedures on the proper acquisition, use and maintenance of Speed
Measuring Devices and related training.
The Occupational
Health and Safety Act (OHSA) outlines the responsibilities of employers,
supervisors and workers for workplace safety.
The Ontario
Ministry of Labour’s Health and Safety Guideline on “Radiofrequency and
Microwave Radiation in the Workplace” (or its successor) sets out
Occupational Exposure Limits; and is enforced in Ontario workplaces by the
Ministry of Labour (MOL).
The
Occupational Exposure Limits in the above noted MOL Guideline are based on
Health Canada’s “Limits of Human Exposure to Radiofrequency Electromagnetic
Energy in the Frequency Range from 3 kHz to 300 GHz”, Safety Code 6, 2009
or its successors.
The Ontario
Police Health and Safety Committee (OPHSC) has prepared Guidance Note #8 which
is entitled, “High Visibility Garments”. This Guidance Note (or its
successor) provides procedures for the wearing of high visibility garments when
employees are exposed to traffic hazards. MOL inspectors refer to OPHSC
Guidance Notes when they carry out their enforcement duties under the OHSA.
The current
“Speed Measuring Device Performance Specifications: Down-The-Road Radar
Module” (DOT HS 809-812, June 2004, Technical Manual or successor versions)
is a publication of the National Highway Traffic Safety Administration
(NHTSA). This NHTSA Technical Manual has been adopted by the International
Association of Chiefs of Police (IACP); and, it is recognized as the
performance standard for speed measuring radar
devices.
The current
“Speed Measuring Device Performance Specifications: Lidar Module” (DOT
HS 809-811, June 2004, Technical Manual or successor versions) is an NHTSA
publication. This NHTSA Technical Manual has been adopted by the IACP; and, is
recognized as the performance standard for speed measuring lidar
(laser) devices.
For the
purposes of these requirements, an Operator is a person assigned to/carrying
out traffic enforcement duties, who has successfully completed the
accredited/prescribed initial and refresher training by a qualified
Instructor.
PREAMBLE
Traffic
enforcement and the safety of road users are important elements of public
safety and are statutorily required. In this regard, positive outcomes depend
on the proper and safe operation of speed measuring devices, and the provision
of standardized training in the safe, effective and consistent use of speed
measuring devices.
BOARD
POLICY
It is the policy of the Ottawa Police Services Board with respect to
speed measuring devices that:
The Chief of Police will:
a) Ensure
the provision of speed measuring devices
that:
i)
comply with the current NHTSA performance standards adopted
by the International Association of Chiefs of Police (IACP) and entitled, “Speed
Measuring Device Performance Specifications: Down-the-Road Radar Module” (DOT
HS 809-812, June 2004, Technical Manual or its successor versions); and, “Speed
Measuring Device Performance Specifications: Lidar Module” (DOT HS
809-811, June 2004, Technical Manual or its successor versions) ;
ii)
do not exceed the
current 50W/m2 occupational exposure limits (formerly expressed as 5mW/cm2)
in compliance with the Occupational Exposure Limits established by Health
Canada’s Safety Code 6, 2009 and adopted by Ontario Ministry of Labour's
Health and Safety Guideline Note "Radiofrequency and Microwave
Radiation in the Workplace” and their successors; and
iii)
are tested and
certified initially by the manufacturer to be in accordance with the above NHTSA
performance standards and similarly tested and certified following any major
repair;
b)
Ensure that each operator
uses, maintains and cares for the speed measuring
devices provided to them in accordance with the manufacturer’s manual
for the specific device;
c)
Ensure that operators:
i)
use speed measuring devices only after successfully completing the accredited/prescribed
training by a qualified Instructor;
ii) do not permit devices
to transmit when not in use; and
iii) always direct the
speed measuring devices away from their body, specifically the head and groin
areas;
d)
Ensure that, at
least every thirty-six months, every operator who may be required to use speed measuring devices successfully
completes an accredited or prescribed training course by a qualified Instructor
that reviews the topics covered in the initial accredited/prescribed training
course, including updates on changes in case law, new technological
developments and/or operating procedures; and
e) Ensure that operators receive information on: the
current NHTSA performance standards adopted by IACP and entitled, “Speed
Measuring Device Performance Specifications: Down-the-Road Radar Module” (DOT HS 809-812, June 2004, Technical Manual); and “Speed
Measuring Device Performance Specifications: Lidar Module” (DOT HS 809-811,
June 2004, Technical Manual); Health Canada’s Safety Code 6, 2009; the
OHSA including the Ontario Ministry of Labour's Health and Safety
Guideline entitled, "Radiofrequency and Microwave Radiation in the
Workplace”; and the Ontario Police Health and Safety Committee
(OPHSC) Guidance Note #8 entitled, “High Visibility Garments” (or
successor versions of any of these).