Land and Transport Act 1998

Question 1

Section 113

“IM double FF and triple DDD”

What are my powers?

Answer 1

INSPECT, test and examine a vehicle

DIRECT

• a person to give details
• a person to remove vehicle if causing obstruction
• a person using vehicle or riding animal on the road to STOP, CAUSE IT TO PROCEED, KEEP I PARTICULAR LINE OF TRAFFIC or DIRECTION

FORBID

• Unlicensed driver to drive a vehicle
• Person operating a transport service without a specified transport service licence

MOVE
- Another person to move any vehicle
-

Question 2

Four key differences between sections 113 and 114

Answer 2

s114 allows you to STOP vehicles and DEMAND DETAILS from driver

s113 does not allow you to stop vehicles, however 113(2) allows you to obtain a person’s details on a road who has committed an offence against specified acts referred to in section 113(1) of LTA.

Question 3

What power do you have to DEMAND DETAILS FROM THE REGISTERED OWNER OF A VEHICLE TO TRY AND IDENTIFY THE OFFENDER?

How long does the owner have to reply to your request?

Answer 3

Section 118 “Who’s your mate?”
- An enforcement officer may require the owner or hirer of any vehicle to give, WITHIN 14 DAYS, all information available to them which may lead to:

The ID and APPREHENSION of the driver, if that driver is alleged to have committed ANY offence against ANY act while in charge of the vehicle.

Question 4

POLICE PURSUIT:

Vehicle is involved in a police pursuit. Driver could not be located at the time.

What would be the time frame for the registered owner to provide details of the driver?

Answer 4

Section 118
Re: Police Pursuit = IMMEDIATELY

Section 118(4)
- does not apply if the owner if the vehicle or detained in relation to the suspected offence.

Question 5

Land and Transport Act 1998
Section 95

What are 7 occasions an enforcement officer can suspend a person’s drivers licence, on notice, for 28 days?

Answer 5

1. Breath: OVER 650mcg per litre of breath
2. Blood: OVER 130mgm per 100ml of blood
3. Breath: OVER 400mcg per litre of breath + has been convicted for any ‘relevant offence’ in the last 4 years
4. Blood: OVER 80mgm per 100ml of blood + has been convicted for any ‘relevant offence’ in the last 4 years
5. Failed/Refused blood test under s72 and s73 of LTA - at the request of an enforcement officer / authorised medical person or at hospital
6. Drove 40kmph over the pernament posted speed limit (does not apply to infringements caught on speed cameras)
7. Drove 50kmph over any speed limit other than the permanent one; for example, temp speed limit, towing speed limit (does not apply to infringements caught on speed cameras)

Question 6

Land and Transport Act 1998:

If you believe in reasonable grounds that:

• a vehicle has been involved in a serious traffic accident or hit and run offence, ir
• the driver failed to stop in accordance with section 114

How long can you seize that vehicle for and why?

Answer 6

7 days

Ref: Section 123(1)

Seize + impound:

• preserve evidence
• enable scientific examination
• establish the cause of a serious traffic accident

Question 7

Land and Transport Act 1998:

Demerit Point Suspension

How long can you seize that vehicle for and where does your power come from?

Answer 7

3 months

LTA 1998 Section 90(1)

Question 8

Land and Transport Act 1998:

If you believe in reasonable grounds that:
- it is in the interest of public safety

How long can you seize that vehicle for and why?

Answer 8

LTA 1998 Section 112

Seize + impound vehicle
12hrs max

***this period may be extended to a further 12hrs, if the circumstances have not changed.

Question 9

Land and Transport Act 1998:

s115
“I’ll STICKER your ride”

Tell me about the green and pink…

Answer 9

s115(1)
“GREEN MACHINE HAS A BROKEN BUM”
- a vehicle that fails to comply with regulations or rules eg. a cracked windscreen

s115(3)
“PINK LADY IS NOT OPERATING SAFELY”
- a vehicle that is not in a safe condition to be driven on a road eg extensive structural rust or illegal modifications

Question 10

5 classifications of a vehicle

Ref: Land and Transport Act 1998

• Hovercraft
• Car
• Couch propelled on wheels by a small petrol motor
• Skateboard
• Pushbike

Which of these are classified as vehicle?

Answer 10

All of them

Question 11

Restricted Class 1 License

What are the restrictions on a person who holds this license?

Answer 11

• 10pm-5pm must be accompanied by a full licence driver, sitting in the front, licence for minimum of 2 years
• if carrying passengers, the person must be accompanied by a supervisor unless passengers are their spouse or their dependents or spouse dependents

Must carry their licence while driving and produce it on demand

Question 12

Outline four occasions you can arrest during the EBA process…

Answer 12

1. Fails/refuses to REMAIN at a place the BST is being undertaken
2. Refusing to accompany for the purposes of an evidential breath test, blood test or both. After being warned
3. Fails/refuses an officers request for blood sample
4. Fails/refuses medical practitioners request for a blood sample