HTA Flashcards
MVC Collision Report
When should a collision report be made (3)
Fatality within 30 days
Injury
Damage exceeding $2,000
Duty to Report for passenger / Police Officer
How many days?
Passenger SHALL make a report
Police officer shall report within 10 days a written report
5 Emergency Situations you must be aware of when attending a collision
- Unsafe collision Scene
- injuried persons
- fires
- live wires
- hazardous materials
Types of physical evidence in a collision
Final position of vehicles and bodies
tire marks, metal marks debris, and damage to fixed objects
Two types of final positions in collisions
Controlled and Uncontrolled
Controlled = Position obtained after a collision (Person hits pedestrian then pulls over on side of road afterwards)
Uncontrolled = Position forced by collision (Car gets hit by truck, car slides across street and stops)
3 types of skid marks
- Skid marks (marks created by a locked tire, not moving)
- Scuff marks (created by tires rotating)
- Tire prints (rotating tires that is not sliding)
Types of Debris
underbody - dirt / rust vehicle liquids - oils / coolant vehicle parts cargo road material
Report damage to highway
factors in reporting
• Every person– by accident or otherwise
–operates or drives a vehicle
– leads, rides or drives an animal
•and thereby damages any shrubs, trees, poles, lights, signs, sod or other property on a highway or fence bordering a highway• forthwith report to police–
*NOTE– Refers to HIGHWAY property
If there is a failure to remain for a collision, who can be arrested/charged?
Driver / Owner can be charged (Section 200.1.C)
Driver can be arrested
What type of offence is Failure to Stop
Dual procedure (320.16)
Definition of “Operate”?
Care or control
Where can an offence under 320.14(1)(a) take place?
-Operation while impaired - combined BAC and Drug
Anywhere
Motor Vehicle VS. Conveyance
Motor Vehicle: vehicle that is drawn, propelled or driven by means other than muscular power but does not include railway equipment
Conveyance (CC) - Means motor vehicle, vessel, aircraft or railway equipment
What must be determined to prove impairment?
Any symptoms of impairment.
From slight to great
320.14(1)(a) - The persons ability to operate it is impaired to ANY DEGREE by alcohol or drug or combination
What are some symptoms of impairment by alcohol?
Unsteady feet odour of alcoholic beverage on breath eyes glossy slurred speech disorientation
Evidence of erratic driving
And despite these signs what are officers attempting to prove?
weaving lane to lane crossing centre line excessively slow speed stopping at the wrong spot at a traffic light mountain curbs wide turns
**It is the ability to operate, NOT the operation that must be shown to be impaired
What are the Facts in Issue to prove for operation while impaired?
Operation of vehicle (care and control)
of a conveyance
Persons ability to operate is impaired by alcohol / drug
R v Boudreault
Essential elements of care or control
Intentional course/conduct with motor vehicle
ability to drive is impaired (drug/alcohol)
Realistic risk of danger to persons or property
What is presumption of operation?
Accused occupied seat/position ordinarily occupied by a person who operates conveyance, accused presumed to have been operating the conveyance unless stablished they did not
If you have formed RG to believe driver is impaired by alcohol/drug what can you do? what authority are you acting on?
Arrest for impaired operation
Breath Demand - demanding they come with you to provide samples of breath into Approved Instrument
What are the sequence of events in a proper arrest for impaired?
Arrest/Handcuff/Search
RTC
Caution
Breath Demand
What are two “approved instruments” for alcohol only
Intoxilyzer 5000C
Intoxilyzer 8000C
When should a breath / blood sample be done for Alcohol?
Within what time limit after after operating a conveyance?
As soon as practicable
-Within 2 hours after ceasing to operate a conveyance
If person blows over 80mgs what are you charging with?
Operation while impaired - 80 and above BAC
