EBA

Question 1

Section 56(1)
Land transport act 1998

Answer 1

Drives or attempts to drive while proportion of alcohol in person’s breath (as ascertained by EBT) exceeds 400mcg/L.

3 months imprisonment/$4500 or both.
Disqualified from driving 6 months.

3rd offence: 2 years imprisonment, $6000 fine, disqualified >1 year

Question 2

Section 56(1A)
Land transport act 1998

Answer 2

Drives or attempts to drive while proportion of alcohol on person’s breath 250-400mcg/L.

Infringement fee $200
50 demerit points

Question 3

Section 56(2)
Land transport act 1998

Answer 3

Drives or attempts to drive while proportion of alcohol in person’s blood (as ascertained from blood specimen analysis) exceeds 80mg of alcohol per 100ml of blood.

3 months imprisonment, $4500 fine or both.
Disqualified 6 months.

3rd offence: 2 years prison, $6000 fine, disqualified >1 year.

Question 4

Section 56(2A)
Land transport act 1998

Answer 4

Drives or attempts to drive while proportion of alcohol in blood is 50-80mg per 100ml of blood.

Infringement fee $200
50 demerit points

Question 5

Section 56(2B)
Land transport act 1998

Answer 5

Drives or attempts to drive while proportion of alcohol in blood (as ascertained by blood specimen because failed or refused to undergo EBT) is 50-80 mg per 100ml blood.

Infringement fee $700
50 demerit points

Question 6

Section 95

Land transport act 1998

Answer 6

An officer must suspend a person’s licence for 28 days if they have reasonable grounds to believe a person:

• has over 650mcg/L of breath
• has over 130mgm per 100ml of blood
• over 400mcg/L of breath and has been convicted within 4 years
• failed or refused a blood test under section 72 or 73 LTA 2012
• drove 40kph over a permanent speed limit
• drove 50kph over a temporary speed limit

Question 7

Section 96

Land transport act 1998

Answer 7

You must if practical seize and impound a vehicle for 28 days if you believe on reasonable grounds that a person drove on a road while:

• disqualified, suspended, or revoked licence
• interlock licence contrary to conditions
• not holding a licence and previously been forbidden to drive etc

Question 8

Section 57(1)
Land transport act 1998

Answer 8

A person under 20 drives or attempts to drive while proportion of alcohol in breath exceeds 150mcg/L.

3 months imprisonment or $2250 fine
Disqualified 3 months.

If over 400mcg then person is charged under s.56 like an adult.

Question 9

Section 57(2)
Land transport act 1998

Answer 9

A person under 20 drives or attempts to drive while proportion of alcohol in blood exceeds 30mg of alcohol per 100ml blood.

3 months imprisonment or $2250 fine
Disqualified 3 months.

If over 80mg then person is charged under s.56 like an adult.

Question 10

Section 57(1A)
Land transport act 1998

Answer 10

Person under 20 drives or attempts to drive while alcohol in breath does not exceed 150mcg/L.

Infringement fee $200
50 demerit points

Question 11

Section 57(2A)
Land transport act 1998

Answer 11

Person under 20 drives or attempts to drive while blood does not exceed 30mg per 100ml of blood.

Infringement fee $200
50 demerit points

Question 12

Section 58

Land transport act 1998

Answer 12

Drives or attempts to drive under influence of drink OR drug OR both to such an extent as to be incapable of having PROPER CONTROL of the vehicle.

3 months imprisonment, $4500 fine, or both.
Disqualified 6 months

3rd offence: 2 years prison, $6000 fine, disqualified >1 year

Question 13

Section 59(1)(a)
Land transport act 1998

Answer 13

Offence to refuse or fail to remain at the place where the BST was undertaken until the test result is known.

Question 14

Section 59(1)(b)
Land transport act 1998

Answer 14

Person fails or refuses to accompany you without delay for an EBT or blood test or both.

Question 15

Section 60(1)(a)
Land transport act 1998

Answer 15

Fails or refuses to give blood when required by enforcement officer.

Question 16

Section 60(1)(b)
Land transport act 1998

Answer 16

Fails or refuses blood when requests by a medical practitioner.

Question 17

Section 120(1)(a)
Land transport act 1998

Answer 17

Arrest power

Question 18

Section 68

Land transport act 1998

Answer 18

Require a person to undergo a BST without delay. (5 situations incl. random stopping)

Question 19

Section 69

Lands transport act 1998

Answer 19

Require a person to accompany an office for an evidential breath test or blood test or both. (5 situations)

Question 20

Section 61

Land transport act 1998

Answer 20

Offence if person in charge of motor vehicle causes injury or death to another person while >400mcg or >80mg or under the influence of drink or drug or both.