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LTA S.122
Power to seize vehicle for 12 hours
- RGTB
- In the interest of public safety you can seize a vehicle for a period of maximum 12 hours
- This period can be extended for a further 12 hours if circumstances have not changed
LTA S.123
Power to seize vehicle for up to 7 days
• You can seize and impound a vehicle for a period not exceeding seven days in order to: -Preserve evidence -Enable scientific examination -establish the cause of a serious traffic accident • RGTB vehicle has been involved in: -a serious traffic accident -hit and run offence • Driver failed to stop under S114
LTA S. 95
Suspending a licence for 28 days
- Person has breath alcohol over 650mcg (per litre of breath)
- Person has blood alcohol over 130mgm (per 100ml of blood)
- Person has breath alcohol over 400mcg (per litre of breath) AND has relevant convictions in the previous 4 years
- Person has blood alcohol over 80mcg (per 100ml of blood) AND has relevant convictions in the previous 4 years
- Drove a vehicle over 40kph over the permanent posted speed limited
- Drove a vehicle 50kph over any speed other than the permanent one ie temporary speed limit
- Person has refused a blood test under section 72/73
LTA S.96
Seizing and impounding a vehicle (RGTB)
- Driving while disqualified, suspended or revoked
- Breaking AID conditions
- They are not currently holding a licence AND had been forbidden to drive
- Operated a vehicle in a race or unnecessary exhibition of speed on a road
- Caused the vehicle to undergo a sustained loss of traction
- Failed to stop/remain stopped under S114
- Breathe alcohol of over 400mcg of alcohol per litre of breath and have two previous convictions for any ‘relevant offence’ within the last four years.
- Blood alcohol of over 80mgm of alcohol per 100 millilitres of blood and have two previous convictions for any ‘relevant offence’ within the last four years.
LTA S. 96A
Boy racer legislation
28 day impound for: racing unnecessary exhibition speed sustained loss of traction pouring diesel etc on road green sticker vehicle
LTA S. 118
Requirement to give information as to identity of driver or passenger
You have 14 days to comply
LTA S 119
(1)&(2) Entering premises and seizing vehicles
Failed to stop, reckless or dangerous driving, or recently driving under the influence
And you are freshly pursuing that person
Enter without warrant any premises for which the person has entered, by force if necessary, to exercise or complete EBA
119(3) Seize and impound the vehicle
LTA S 121
FARMED
Power to take keys and forbid driving
Forbid that person to drive
All keys to be surrendered
Render the vehicle immobile
Move or cause to be moved any vehicle
EBA drivers must be forbidden to drive for a 12 hour period
Direct that person to drive to a specified place
LTA S.113
DIMDFFD
Enforcement officers may enforce transport legislation
(1)
• Direct a person on the road to give details (whether or not they are in charge of the vehicle)
• Inspect the brakes or any other part of the vehicle on a road
• Move or authorise another person to move any vehicle if there is reasonable grounds to believe that vehicle will be an obstruction
• Direct the driver or person in charge of a vehicle to remove the vehicle from the road if there are reasonable grounds to believe that the vehicle is an obstruction
• Forbid an unlicensed driver to drive
• Forbid a person operating a TSL without a licence to stop operating
(2)
Direct a person to stop
LTA S. 115
Banning/prohibit vehicles from the road
(1) Fails to comply with the regulations or rules
(3) (B) Not in a safe condition to be driven on the road
LTA S. 114
Stopping vehicles and demanding details
- Must be in uniform, wearing a cap, or show ID if not in uniform
- Must use blue and red lights to indicate vehicle to stop when practicable
- Can demand: Full name, DoB, address, occupation and phone number, whether they are the owner of the vehicle, and the name and address of the vehicle owner or such particulars that lead to the identification of the owner
- Can only be stopped for a period of 15 minutes for the purpose of establishing identity
- NOTE: Power of arrest for any person who fails to stop, refuses to supply details, or gives misleading details
OT ACT Criminal responsibility
Criminal Responsibility: • Under 10: none • 10 – 11: Murder / Manslaughter • 12 – 13: Murder / Manslaughter + Offences over 14 years imprisonment • 14 – 17: Fully liable • 18+: Adult
OTA S. 214
Power of Arrest
- Witness Interference
- Ensure appearance in court
- Ensure no loss of evidence
- Prevent further offending
- NOTE: Arrest has to be reported to the Commissioner within 3 days
OTA who can’t be a nominated person
- Cannot be an enforcement officer unless a parent/guardian of child/YP
- Has to older than 20 y/o
- Cannot be the co-offender of the crime committed
- Cannot be someone that isn’t a reasonable distance away
- Cannot be someone that the child or Police cannot locate
- NOTE: If child/YP does not want to nominate anyone we can on their behalf. If no one is available then the interview has to be suspended
OTA S. 39
Place of safety warrant
- Any person authorised by warrant under this section to search for any child or young person may
- Enter and search (by force if necessary) ) any dwelling house, building, aircraft, ship, carriage, vehicle, premises or place
- If they believe on reasonable grounds that the CYP has suffered, or is likely to suffer ill treatment, serious neglect, abuse, serious deprivation or serious harm
- Remove or detain the child or young person
- Place the child or young person in the custody of OT
OTA S. 42
Search without warrant
- Any constable who believes on reasonable grounds
- That is CRITICALLY NECESSARY to protect a child or young person from injury or death
- May without warrant enter and search (be force if necessary) any dwelling house, building, aircraft, ship, carriage, vehicle, premises or place AND
- Remove or detain (by force if necessary) the child or young person AND
- Place the child or young person in the custody of OT
OTA S.48
Child or Young Person Unaccompanied
- Where a child or young person is found unaccompanied by a parent, guardian, other person who usually cares for them
- In a situation in which their physical or mental health is being, or is likely to be, impaired
- A constable may using such force as may reasonably by necessary take the child or young person
- With their consent deliver them into the custody of parent, guardian, other person who usually cares for them
- If no consent is given or caregivers are unwilling to take them place the child/YP in the custody of OT
SOA S.10B
Leaving child without reasonable supervision and care
Being a parent or guardian or a person having the care of a child under the age of 14
Leaves that child
Without making reasonable provision for the supervision and care of the child
For a time that is unreasonable or under the conditions that are unreasonable having regard to all the circumstances
LTA S.95
Suspending a licence for 28 days
- Person has breath alcohol over 650mcg (per litre of breath)
- Person has blood alcohol over 130mgm (per 100ml of blood)
- Person has breath alcohol over 400mcg (per litre of breath) AND has relevant convictions in the previous 4 years
- Person has blood alcohol over 80mcg (per 100ml of blood) AND has relevant convictions in the previous 4 years
- Drove a vehicle over 40kph over the permanent posted speed limited
- Drove a vehicle 50kph over any speed other than the permanent one ie temporary speed limit
- Person has refused a blood test under section 72/73
LTA S.96
Seizing and impounding a vehicle (RGTB)
- Driving while disqualified, suspended or revoked
- Breaking AID conditions
- They are not currently holding a licence AND had been forbidden to drive
- Operated a vehicle in a race or unnecessary exhibition of speed on a road
- Caused the vehicle to undergo a sustained loss of traction
- Failed to stop/remain stopped under S114
- Breathe alcohol of over 400mcg of alcohol per litre of breath and have two previous convictions for any ‘relevant offence’ within the last four years.
- Blood alcohol of over 80mgm of alcohol per 100 millilitres of blood and have two previous convictions for any ‘relevant offence’ within the last four years.
EBA Procedure
Passive Test
Breath Screening Test
Evidential Breath Screening
Evidential Blood Test
“I now require you to undergo a Breath Screening Test without delay”
“I now require you to accompany me to the Police Station or other such place to undergo an evidential breath test, blood test, or both”
LTA S.56 EBA for drivers over 20 years. What are the limits?
- Exceeds 400mcg/80mg 3 months + fine / 6 months disqual
- Exceeds 250mcg but under 400mcg/ 50mg but under 80mg Fine/Demerit Points
- NOTE: Penalty increases from 3rd offence
- Accompanying to the Police station for any readings over 400mcg
- Any readings over 650mcg/130mg will be a mandatory 28 day suspension of licence
LTA S.57 EBA for drivers under 20 years. What are the limits?
- Exceeds 150mcg/30mg Disqualified for 3 months
- Does not exceed 150mcg/30mg Fine/Demerit Points
- Accompanying to the Police Station for any readings under 250mcg, over 250mcg or over 400mcg
- Readings over 650mcg/130mg will be treated as per over 20 year regulation
LTA S.68. When to conduct a breath test?
- Any driver of a motor vehicle on any road (random stops)
- Any person attempting to drive a motor vehicle on any road
- Any person you have good cause to suspect has recently committed an offence against road safety provisions that involves the driving of a motor vehicle
- A drive of a motor vehicle involved in a motor accident
- Where the driver is not known you have good cause to suspect passengers in a vehicle were involved in a motor accident
Sale and supply alcohol act 2012 s.244
Minors in restricted areas or supervised areas commit an offence
