Chapter 4 - Dangerous Driving Offences Flashcards
1
Q
Menacing Driving - Section 118 RTA 2013
A
A person must not;
- drive a motor vehicle,
- on a road or road related area,
- in a manner that menaces another person,
- with the intention of menacing that person, or
- if the person ought to have known that the other person might be menaced.
2
Q
Manner Dangerous - Section 117 RTA 2013
A
- Driver
- Motor Vehicle
- Road or road related area
- Drove furiously
- Recklessly
- At a speed or in a manner dangerous to the public
3
Q
Predatory Driving - Section 51 Crimes Act
A
- Driver of a Motor Vehicle
- While in pursuit of or travelling near another vehicle
- Engages in a course of conduct that causes or threatens to cause and impact involving the other vehicle
- Intends to cause a person in the other vehicle ABH
- Is guilty of an offnence
4
Q
Dangerous Driving Occasioning Death/GBH - Section 52A Crimes Act
A
- Driver
- Vehicle
- Involved in an impact
- Occasioning the death/GBH to another person
- At the time of the impact was driving:
- Under the influence of intoxicating liquor or of a drug, or
- At a speed dangerous to another person or persons, or
- In a manner dangerous to another person or persons
5
Q
Aggravation - Section 52A(7) Crimes Act
A
At the time of the impact;
- the prescribed concentration of alcohol (>0.150) was present in the drivers blood, or
- the vehicle was driven on a road more than 45 km/hr over the applicable speed limit, or
- the vehicle was driven to escape pursuit by a police officer, or
- the drivers ability to drive was very substantially impaired by being under the influence of a drug (other than alcohol).
6
Q
Races, Attempts on Speeding Records and Other Speed Trials - Section 115 RTA 2013
A
A person must not organise/promote or take part in:
- Any race between vehicles on a road or road related area
- Attempt to break any speed record on a road or road related area
- Any trial of the speed record on a road or road related area
- Any competitive trial designed to test the skill of any driver or the reliability or mechanical condition of any vehicle on a road or road related area.
7
Q
Conduct Associated with Roads and Drag Racing and Other Activities - Section 116 RTA 2013
A
- A person must not, on a road or road related area, operate a motor vehicle in such a manner as to cause the vehicle to undergo sustained loss of traction by one or more of the driving wheels of the vehicle
- Operate the vehicle knowing that diesel, petrol, oil or flammable liquid has been placed on the road or road related area beneath one or more tyres of the vehicle and
- Do anything that prolongs/intensifies the loss of traction
- Repeatedly operate a vehicle
- Operate the vehicle knowing there would be a risk or interference with the amenity, locality, peaceful enjoyment for any person
- Make the place unsafe for any person
- Defence is: must satisfy the court the vehicle was not operated as such deliberately
8
Q
Impounding of Motor Vehicles - Section 116 RTA 2013
A
- Street Racing between vehicles
- Aggravated Burnout
- First offence 3 months
- Second offence forfeit to the crown
- Exceed speed over 45km/hr (must be registered owner)
- Police pursuit (must be registered owner)
- Burnout (must be registered owner)
9
Q
Power to Suspend Licence - Section 224 RTA 2013
A
- Muder or Manslaughter
- Wounding or cause GBH with intent
- Recklessly Cause GBH
- Dangerous Driving causing death or GBH
- Unlawfully or negligently cause GBH
- Middle Range PCA
- High Range PCA
- Refuse Breath Analysis
- Wilfully alter concentration of Alcohol
- Hinder or Obstruct taking of blood sample
- Race with another vehicle
- Aggravated burnout
- Exceed speed limit, over 45km/h (6 months)
- Exceed speed limit, over 30km/h (L or P) (3 months)
- Learner driver unaccompanied by a supervising driver
