Land transport act Flashcards
Section 114
An enforcement officer wearing uniform or hat with distinctive badge or displaying flashing blue or blue or red lights or siren can….
Demand full name, address, birth date, number and occupation
They must: state if they are the owner or who the owner is and their address.
They driver must remain stopped for as long as reasonably necessary.
DAMPDAD- section 114
D- duty to be in uniform
A- applies to all vehicles, skateboards or roller blades.
M- May signal any driver to stop for up to 15 minutes.
P- plain clothes officers may stop drivers only if they have flashing blue/red lights.
D- display flashing blue/red lights, sirens.
A- arrest without warrant anyone that fails to give details or false/misleading information
D- demands name address date of birth number and occupation.
Section 113- demand details dimdod
D-direct any person on a road including passengers of a vehicle to supply: name, address, birth date, number, occupation or other form of identification.
I- inspect vehicle for road worthiness
M- move authorise movement( only if have RGTB the vehicle is causing an obstruction.
D- direct the driver or person in charge if a vehicle on a road to move a vehicle
O- order an unlicensed driver not to drive a vehicle until they have obtained a license
D- direct the user of a vehicle or rider of an animal to: stop or proceed in a particular line of traffic or proceed/stop or go
Section 115 defective vehicles
An enforcement officer believes on reasonable grounds that the vehicle does not comply with the regulations or rules they may….
Direct the vehicle not to be driven on the road unless it is to be repaired.
By: issuing an approved notice to the driver. POL 650 GREEN STICKER.
Section 115(3)(b) unsafe vehicles
An officer has RGTB the vehicle is not in a safe condition to drive.
POL 555 PINK STICKER
The vehicle must not be driven until..
-The vehicle has been inspected by an authorised inspection agent.
-the owner/driver is given approval to operate on the road.
-new evidence if vehicle inspection is displayed on the vehicle.
Section 116
Power of arrest if the driver does not comply with any of the conditions given to the driver in section 115 & 113
Taking keys and forbidding to drive section 121
FARMED
F- Forbid that person to drive for a specified time
A- all keys to be surrendered
R- Render the vehicle immobile
M- Move or cause any vehicle to be moved if causing an obstruction or hazard.
E- EBA offenders must be forbidden to drive for a 12 hour period.
D- DIRECT that person to drive to a specified place to rest if they have exceeded their driving hours.
Power to arrest under Section 121
Failing to comply with your directions
Attempting to do an act forbidden under 121
TON
Traffic offence notice
Obtaining information section 118
An enforcement officer may require the owner/ hirer of any vehicle to give within 14 days, all information available to them which may lead to:
-the identification/ apprehension of the driver if that driver is alleged to commit an offence against the act while in charge of the vehicle.
- the identification and apprehension of any passenger, if that passenger:
Has committed
Gas aided in the commission of
Has avoided arrest
Section 96
Seize and impound vehicles for 28 days-MUST
Section 95
Suspend drivers licence for 28 days
Section 122
Seize send impound for 12 hours in the interest of public safety
Section 123
May seize for 7 days to carry out a forensic investigation.
Section 119
Power of entry to any place to apprehend a person to carry out an EBA procedure if:
Failed to stop red/blues siren
Dangerous/reckless driving
Good cause to suspect been drinking/drugs or both
And freshly in pursuit
May use force if necessary
Section 90:
Suspend licence/ disqualified driver: 3 months
-if driver within 2 years has accumulated 100 or more demerit points.
Only if NZTA has failed to locate them and person interest recorded in NIA.
Period begins immediately on service of the notice.
Section 31(1)
No drivers licence or failing to provide a drivers licence or failing to return their licence to the director when required.
Section 30
A drivers licence must be returned to the director when:
Licence is suspended or revoked
Is disqualified from holding or obtaining a licence
Has their licence superseded by a new licence.
Section 32
A person commits an offence if they drive a motor vehicle on a road:
- while disqualified from holding or obtaining a licence.
- contrary to a limited licence
- while drivers licence is suspended/revoked.
Penalty section 32
First or second offence:
- 3months imprisonment or a fine of $4500
- 6 months or more disqualified from driving.
Third or subsequent offence:
- 2 years imprisonment or a fine up to $6000
- 1 year or more disqualified from driving.
Section 51
Contravenes the instructions of an officer:
- driver fails to remain stopped
- removes/obscures or render indistinguishable any stickers under section 115.
- driving a vehicle before obtaining vehicle inspection 115 or 96.
- fails to comply with any lawful direction, requirements, notice or prohibition given to or imposed on them.
Section 37
Inconsiderate or careless use…
Operates..
A vehicle…
On a road..
Carelessly OR without reasonable consideration for other road users.
Section 37 penalty
No peer of arrest fine $3000, courts may order disqualification.
Section 38
Careless driving/ inconsiderate use causing injury
Power of arrest!!!
Section 39
Aggravated careless use
Power to arrest
Section 35
Reckless or dangerous driving.
Operates…
A motor vehicle…
On a road…
Recklessly OR in a manner/speed which maybe dangerous to any public/person.
Section 36
Reckless or dangerous driving causing injury or death.
Power to arrest
Does not have to be committed on a road, elsewhere such as private road or a farm.
Section 35 example
Reckless driving: deliberately driving 80-100kph through a stop sign knowing that the driver would not be able to stop if they had to.
Dangerous driving- a driver in a 2 lane road pulling out to pass onto on coming traffic.
Section 37 example
Inconsiderate driving 60-70kph down the motorway not letting vehicles pass.
Careless driving- colliding with a correctly parked car while travelling along a street.
