Drink drive, Traffic Flashcards
1
Q
What is the definition of a ‘Traffic Incident’ according to TO(RUM)A?
A
A collision between 2 or more vehicles or animals, or another accident involving a vehicle resulting in death, injury, or property damage.
2
Q
What does the term ‘crash’ specifically include in TO(RUM)A?
A
Collision between vehicles or animals; an accident causing death or injury to a person or property damage.
3
Q
What is the definition of ‘relevant vehicle incident’ in PPRA?
A
An incident involving a vehicle on a road resulting in:
* Death or injury to a person
* Damage to a vehicle or property
* Death or injury to an animal.
4
Q
What is excluded from the definition of a driver in TO(RUM)A?
A
A person pushing a motorised wheelchair or a person walking beside and pushing a bicycle or personal mobility device.
5
Q
What types of vehicles are included in the term ‘vehicle’ in TO(RUM)A?
A
Includes trams and trains but excludes motorised mobility devices, wheelchairs, wheeled recreational devices, and wheeled toys.
6
Q
Under what condition does TO(RUM)A s. 93(5) exempt a driver from providing required particulars?
A
If the driver reasonably believes that stopping would expose them or others to harm and provides particulars to a police officer.
7
Q
When must traffic crashes be reported to police?
A
When:
* A person is killed or injured
* A driver fails to provide particulars
* A vehicle is towed
* An insurance claim is made.
8
Q
What criteria require police attendance at a traffic crash?
A
Police must attend when:
* Death or personal injury occurs
* Alcohol or drug consumption is suspected
* A driver refuses to provide details
* Public interest suggests attendance
* A hazardous environment exists.
9
Q
What is the importance of preserving the crash scene?
A
It prevents contamination of evidence and aids in subsequent investigations.
10
Q
Where can interviews with informants take place?
A
At the scene, hospital, police station, or elsewhere convenient for the investigator.
11
Q
What should officers do if they cannot identify witnesses at the crash scene?
A
Record registration numbers of vehicles in the area to find potential witnesses.
12
Q
What is the significance of interviewing drivers separately?
A
To obtain accurate versions and determine fault in the incident.
13
Q
What should officers do if witnesses are reluctant to provide information?
A
Encourage them by explaining that their information may be helpful.
14
Q
Fill in the blank: A driver of the ‘at fault’ vehicle is referred to as ______.
A
Unit 1.
15
Q
What is an important consideration when questioning witnesses at the scene?
A
Ensure their observations are fresh in their minds.
16
Q
Who can be considered witnesses in a traffic incident?
A
Those who actually saw the crash, arrived shortly after, or saw the vehicles involved prior to the incident.
17
Q
What is the significance of case law in relation to witness evidence?
A
Case law allows certain witness evidence to be admissible, but its weight decreases with time or distance from the incident.
18
Q
What format should passenger/witness statements be recorded in?
A
First person statement version.
19
Q
What conditions are important when conducting an interview with informants?
A
Conduct interviews in suitable conditions, not necessarily at the crash scene, and limit the number of people present.
20
Q
What are Judges Rules in relation to questioning regarding offences?
A
Judges Rule 2 states that caution should be given before asking questions once a decision to commence proceedings is made.
21
Q
What is the time frame for issuing an infringement notice after a traffic crash?
A
Within 8 months of the crash.
22
Q
What impairments does alcohol consumption cause for drivers?
A
- Impairs vision
- Reduces coordination
- Can make an individual sleepy.
23
Q
What factors can affect the rate of alcohol absorption in the body?
A
- Food in the gut
- Drinking low alcohol content beverages
- Higher levels of gas molecules in alcohol.
24
Q
What does BrAC stand for?
A
Breath alcohol concentration.
25
How is BrAC measured?
In grams of alcohol per 210 litres of breath.
26
What does BAC stand for?
Blood alcohol content.
27
What is the general effect of consuming one standard drink on BAC?
Increases BAC by roughly 0.02% to 0.05%.
28
What is the definition of liquor according to TO(RUM)A Schedule 4?
Wines, spirits, beer, ale, porter, stout, cider, perry, or any other spirituous or fermented fluid containing 3.5% or more of proof spirit by volume.
29
What does 'in charge' mean in the context of TO(RUM)A?
A rebuttable presumption that a person is in control of a vehicle, regardless of actual intent to drive.
30
What constitutes a motor vehicle under the definitions provided?
A vehicle propelled by a motor, including trailers attached to it.
31
What is the definition of a road as per TO(RUM)A?
Includes public areas developed for driving or riding motor vehicles but excludes areas declared not to be a road.
32
What are the drink driving limits outlined in TO(RUM)A s. 79A?
Categories include no alcohol limit, general alcohol limit, middle alcohol limit, and high alcohol limit.
33
What is the penalty for driving while under the influence according to s. 79(1)?
No specific quantity of alcohol is specified; penalties apply if the reading is over the high alcohol limit.
34
What is a circumstance of aggravation in relation to drink driving offences?
Factors that increase the penalty for offenders, such as previous convictions.
35
What is the element 3 requirement regarding evidence of liquor or drugs?
Element 3 remains 'complete' regardless of whether or not you have evidence that is liquor or drugs or both.
## Footnote
Refer ss 79 (8) & (8A)
36
What are the circumstances of aggravation under TO(RUM)A s. 79?
* Previously convicted of an offence against s. 79 (1) on one occasion in the previous 5 year period
* Previously convicted for an offence of driving a motor vehicle UIL (s. 79 (1)) or for dangerous operation of a vehicle (CC s. 328A) in the previous 5 year period
* Twice previously convicted for either of the above in the previous 5 year period
* Previously convicted of an offence relating to a no alcohol limit, general alcohol limit or middle alcohol limit on one occasion in the previous 5 year period
* Twice previously convicted of an offence relating to a no alcohol limit, general alcohol limit or middle alcohol limit on one occasion in the previous 5 year period.
## Footnote
This increases the penalty for offenders.
37
What does TO(RUM)A s. 80 cover?
* ss. 5A: Failure to provide a specimen of breath for a breath test
* ss. 11: Failure to provide a specimen of breath for analysis
* ss. 22D: Driving when under a 24 hour suspension.
## Footnote
These are specific offences outlined within the legislation.
38
Under which section do police get the power to RBT a driver?
PPRA S. 60
## Footnote
This section outlines the authority of police to stop a vehicle for a prescribed purpose including breath tests.
39
What is the time limitation for requiring a breath test under s. 80 (4)?
A requirement for a breath test must be made as soon as practicable and within 3 hours after the event.
## Footnote
Failure to comply with this limitation renders the process unlawful.
40
List the circumstances in which officers may require more than one specimen of breath for a breath test.
* The specimen has not been sufficient for the test
* The specimen is not provided correctly
* The testing device is defective
* It is not possible to continue using the device
* It is not possible to complete the breath test.
## Footnote
Each requirement must be given each time.
41
What is required to justify an arrest for under the influence of liquor or drugs?
* Detailed notes of observations and indicia
* A BAS Certificate indicating over the alcohol limit.
## Footnote
Observations may include signs of impairment.
42
What does TO(RUM)A s. 80 (IA) state regarding specimens of breath?
A person is taken not to have provided a specimen unless it is sufficient for testing or analysis.
## Footnote
This applies if the sample does not activate the device.
43
What circumstances allow a person to be excused from providing a specimen?
A person may be excused if:
* They have a doctor's certificate stating that providing a specimen could adversely affect their health.
* The requirement was not lawfully made.
* They are incapable of providing the specimen due to certain events.
* There is a substantial reason for their failure to provide, other than avoiding evidence.
44
What should an officer do when a positive breath test is indicated?
The officer should:
* Inform the person they are over the limit without disclosing the reading.
* Explain the detention and what will happen next.
* Record the time and result in the official police notebook.
45
What does TO(RUM)A s. 80 (8) authorize officers to do?
TO(RUM)A s. 80 (8) authorizes officers to require a person to provide a specimen of breath for analysis at BAS.
46
What must officers explain to a person before conducting a breath analysis?
Officers must explain not to place anything in their mouth until after the breath analysis is conducted.
47
What authority do officers have regarding a person's vehicle during transportation?
Officers have the authority to move the vehicle under PPRA s. 124 for the safety or convenience of road users.
48
What should officers record during transportation of a detained person?
Officers should provide odometer readings at the start and end of transportation to protect against false complaints.
49
What rights do individuals have regarding answering questions during police questioning?
Individuals have the right to not answer questions unless an exception applies.
50
What must officers do if the breath analysing instrument is not working?
Officers have the authority to take the person to multiple other locations for breath or blood analysis.
51
What is the procedure for requiring a specimen of breath for analysis?
Officers should state: 'I now require you to provide a specimen of your breath for analysis on this approved breath analysing instrument...' and indicate the instrument.
52
What happens if the specimen provided is above the no alcohol limit?
If the reading is equal to or less than 0.02 for a subject over the relevant limit, the officer should issue a 'Notice of Suspension or Disqualification' instead of commencing proceedings.
53
What occurs if a subject fails to provide a specimen?
The breath analysing instrument operator will issue a 'Fail to Provide Specimen of Breath Certificate' (PT65) and the subject may face charges for failing to provide a specimen.
54
What is a Breath Analysis Certificate?
A Breath Analysis Certificate is generated by a breath analysing instrument and includes the time the specimen was blown into and analyzed.
55
Under what conditions may police require a blood sample?
Police may require a blood sample when:
* Indicia is inconsistent with breath sample.
* Driver is involved in an accident and treated in a hospital.
* Driver is unconscious and cannot provide a breath specimen.
* A medical certificate indicates incapability to provide a breath specimen.
* A breath specimen is supplied, but the instrument malfunctions.
56
Who is authorized to take a blood sample?
A blood sample can be taken by:
* A doctor
* A nurse
* A qualified assistant directed by a doctor or nurse.
57
What should officers do when proceeding by way of Notice to Appear (NTA)?
Officers should issue an NTA for offences under ss. 79 and 80 related to vehicle offences involving liquor or drugs.
58
What are the conditions for arrest without a warrant according to PPRA s. 365?
Officers may arrest if any of the reasons under PPRA s. 365 are fulfilled, justifying the decision.
59
What is the process for a 24-hour suspension of a driver's license?
A driver's license is suspended for 24 hours if:
* Breath analysis shows over the legal limit.
* Failure to provide at BAS without being charged.
* Arrested for UIL without providing at BAS.
60
When does an immediate suspension supersede a 24-hour suspension?
If the driver is subject to both a 24-hour suspension and an immediate suspension/disqualification.
61
What is the consequence of driving while under an immediate suspension/disqualification?
Commits an offence against TO(RUM)A s. 78.
62
When can identifying particulars be taken?
If the offence charged has a penalty of at least one year imprisonment.
63
What is an example of a drink driving offence with a penalty of greater than 1 year imprisonment?
Offence of Driving whilst under the influence—with circumstance of aggravation of being convicted of a previous UIL offence within the preceding five-year period.
64
What is required before commencing proceedings regarding previous convictions?
Use QPRIME to obtain traffic and criminal histories.
65
What must be served on the defendant before sentencing regarding previous convictions?
'Notice of Intention to Allege Previous Convictions'.
66
What documentation is needed to commence proceedings?
* Notice to Appear (NTA)
* Notice of intention to allege previous convictions (if applicable)
* Notice of Suspension/Disqualification
* Notebook Court Brief (QP9)
* Obtain identifying particulars if applicable.
67
What is the importance of the time of offence in relation to driving?
Time of offence = time of driving (not the time on certificate).
68
What is required within 3 hours of the event when obtaining a specimen of blood?
The requirement must be made as soon as practicable and within 3 hours of the event.
69
What must be done for a conscious person needing to provide a blood specimen?
Approval from a doctor who is familiar with the person's injuries and apparent state of health is required.
70
What can be done if a driver decamps the scene?
Conduct inquiries to locate the driver within 3 hours.
71
What is the justification for pursuit if a vehicle does not stop?
Failing to stop for a random breath test does not justify a pursuit.
72
What are type 1 and type 2 offences related to traffic?
Certain traffic offences can make vehicles liable for impoundment and immobilisation.
73
What constitutes a lawful excuse for failing to provide a specimen of breath?
* The requirement was not lawfully made
* The person was incapable of providing a specimen due to events
* A doctor's certificate stating incapability
* Other substantial reasons.
74
What are the circumstances of aggravation for dangerous operation of a vehicle under CC s. 328A?
* Being adversely affected by an intoxicating substance
* Excessively speeding or participating in unlawful racing
* Having a previous conviction of dangerous operation.
75
What is the standard of proof for dangerous operation of a vehicle?
An objective test is applied to determine if the operation was dangerous.
76
What must be proven to show a vehicle was operated dangerously?
It is not necessary to prove fault or intention on the part of the driver.
77
What is the legal definition of a vehicle under Queensland road rules?
A vehicle is defined in relation to the operation of motor vehicles on roads and road-related areas.
78
What happens if a driver is travelling 140km/h in a school zone?
It is likely to be considered dangerous due to the normal circumstances of that time.
79
What are the four security features of a driver license?
* Raised map of Australia
* Ghost image of the cardholder
* Computer chip
* Digitised signature.
80
What does TO(RUM)A s. 127 state about disqualification?
Allows for automatic cancellation of a Queensland driver licence if disqualified by any Australian court.
81
What are the types of traffic offences identified in Queensland Road Rules?
* Speed limits
* Giving way
* Lights and warning devices
* Parking/stopping restrictions
* Traffic lights/arrows
* Roundabouts
* Making turns
* Keeping left overtaking.
82
What is the 'objective test' in relation to dangerous driving?
The potentiality in fact of danger to the public in the manner of driving, whether realised by the accused or not.
83
What is the purpose of SOA Division 4A?
To discourage the commission of racing, burn out, and other hooning offences.
84
What does SOA s. 19D prohibit?
Possessing things used in the commission of racing, burn out, or other hooning offences.
85
Give examples of items that could be used in hooning offences.
* Number plates unrelated to a motor vehicle used for hooning offences
* Hydraulic jack
* Racing tyres
86
What is a verbal caution in traffic management?
A caution for minor traffic offences where lives are not endangered, aiming to deter repetition of the offence.
87
When should verbal cautions or formal warning notices not be issued?
When a life endangering offence is detected.
88
What offences can a TIN be issued for under TO(RUM)A?
* Driving without a driver licence
* Careless driving of motor vehicles
89
Under what circumstances can a TIN NOT be issued for unlicensed driving?
* Convicted of unlicensed driving in the past 5 years
* Convicted of drink driving and disqualified in the past 2 years
* An Interlock driver with an incomplete period
* Never held a driver licence
90
What restrictions apply to issuing a TIN for careless driving?
* Convicted of similar offences in the past 5 years
* Manner of driving liable to disqualification
* Offence committed during a suspended term of imprisonment
91
What is the maximum number of infringement notices that can be issued at one time?
Three infringement notices.
92
What must officers do if more than three offences are detected?
* Issue three infringement notices and provide a verbal caution for other offences
* Proceed by way of notice to appear for all offences
93
What circumstances allow police to arrest without a warrant?
* Cannot confirm driver's identity
* To prevent fleeing
* Nature and seriousness of the offence
* Offence is dangerous operation of a vehicle
94
What is a defect notice?
A notice requiring the owner to take action to ensure the vehicle is not defective.
95
What are the four classes of vehicle defects?
* Self-clearance
* Minor
* Major
* Major (dangerous)
96
What authority does PPRA s. 63 grant officers?
The power to inspect vehicles.
97
What action can be taken for offences under TO(RUM-VSS)R s. 8?
An infringement notice may be issued for driving or parking a defective light vehicle.
98
When can a vehicle be impounded?
For a first-time serious driving offence or a repeat of specific vehicle-related offences.
99
What must be done following the issue of an infringement notice for Type 1 and Type 2 offences?
An Infringement Report must be entered onto QPRIME and attached against the person.
