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362 Exam 2 > Land Transport Act 1998 > Flashcards

Land Transport Act 1998 Flashcards

1
Q

Top 4 Risk Behaviours?

A

Restraints
Impairment
Distractions
Speed

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2
Q

Definition of a Motor Vehicle

A

A vehicle drawn or propelled by mechanical power and includes a trailer.

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3
Q

Definition of a Vehicle

A

A contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved.

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4
Q

What are the 3 types of main licenses?

A

Learner License.
Restricted License
Full License.

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5
Q

Is there a power to arrest for reckless or dangerous driving?

A

Yes under Section 315 of the Crimes Act.

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6
Q

Is there a power to arrest for careless and inconsiderate driving?

A

No.

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7
Q

Inconsiderate driving definition

A

Driving which includes inattention or thoughtless actions or ommissions as well as deliberate ones.
Inconsiderate to other road users.

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8
Q

Careless driving definition.

A

not driving to the normal standards of a reasonable motorist.

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9
Q

Dangerous driving definition.

A

driving in a manner or speed which was or might have been dangerous to anyone.

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10
Q

Reckless driving definition.

A

Knowingly disregarding one’s duty as a driver.
Deliberately running an unjustifiable risk of injury or collision.
Needs to have a mens rea (intent).

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11
Q

Section 36(A)

A

Boy racing offense.
Engaging in unauthorized street or drag racing.

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12
Q

Section 114 LTA

A

Stopping vehicles and demanding details.

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13
Q

Whose details can you demand under 114 LTA?

A

The Driver of the Vehicle.

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14
Q

What is your power to arrest for Section 114?

A

114(6): can arrest without warrant if any person:
fails to stop.
refuses to supply details.
supplies details which you have good cause to suspect are false or misleading.

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15
Q

How long can you get a driver to remain stopped for their details?

A

15 minutes.

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16
Q

Section 113 of LTA?

A

DIMDFFD:
Direct
Inspect
Move
Direct
Forbid
Forbid
Direct

17
Q

Arresting Powers for Section 113?

A

You can arrest under Section 116 of the LTA 1998.

18
Q

Key differences between Section 113 and Section 114?

A
  • Section 114 allows you to stop vehicles, Section 113 does not.
  • Section 114 allows you to demand details of the driver, however Section 113 allows you to demand details from the person committing an offence under the specific acts.
19
Q

Section 115 of LTA 1998?

A

Banning Vehicles from the Road:
Pink and Green stickers.

20
Q

What is a Pink Sticker?

A

POL555: The vehicle is not in a safe condition to be driven on a road.

21
Q

How can I get a pink sticker removed from my car?

A

The vehicle needs to be inspected by an authorized vehicle inspection agent who does not engage in repairing vehicles in the course of business.

22
Q

What is a green sticker?

A

POL650: Defective, the vehicle on the road fails to comply with regulations or rules.

23
Q

Power to arrest if a person fails to comply with directions under 115?

A

You can arrest under 116 of the Land Transport Act 1998.

24
Q

Section 121 LTA 1998?

A

FARMED:
Forbid
All Keys to be Surrended
Render
Move
EBA
Direct

25
Q

Power to Arrest for 121?

A

Under Section 121(4) you can arrest a person without a warrant for:
- failing to comply with your directions.
- attempting to do an act forbidden by Section 121.

26
Q

When would you envoke FARMED?

A

When physical or mental condition makes the driver incapable of having proper control over the vehicle.
Not completed a Compulsory Impairment Test
Failed/refused to undergo a compulsory impairment test.
Not complying with driving hours.

27
Q

Section 118 of LTA 1998?

A

Obtaining Information.

28
Q

What information can you obtain under 118 LTA 1998?

A

The owner or hirer of any vehicle is to give details within 14 days. Details include:
- The driver at the time any offense was committed against any act while in charge of the vehicle.
- The ID of any passenger (has committed, has aided in the commission of, has avoided arrest) in or through of the use of a vehicle.

29
Q

Section 118(4) of LTA 1998?

A

Require the owner of the vehicle used to flee a police pursuit to IMMEDIATELY give you all the information about the driver that they can.

30
Q

If a driver fails to comply with Section 118 LTA?

A

Can be charged under Section 52(1)(c)

31
Q

Section 95 LTA 1998

A

28 day suspension of Driver’s License

32
Q

Section 96 LTA 1998

A

28 day impounding Vehicle.

33
Q

Section 90 LTA 1998

A

Suspending Licenses and Disqualifying from Driving.

34
Q

What are the requirements for your license to be suspended under Section 90?

A

Accumulating more than 100 demerit points within 2 years.

35
Q

Boy Racing and Impounding Vehicles Section?

A

Section 96 (1A): RGTB that person was operating in a race (unnecessary exhibition of speed/acceleration).
without reasonable excuse, operated the vehicle on a road in a manner that caused the vehicle to undergo sustained lost of traction.

36
Q

Section 122 LTA 1998?

A

Seize the Vehicle for 12 hours:
- RGTB that it is in the interest of public safety.

37
Q

Section 123 LTA 1998?

A

Power to seize a vehicle for up to 10 days:
- Preserve evidence
- Enable scientific evidence
- Establish the cause of a serious traffic accident
RTGB:
- Vehicle has been involved in a serious traffic accident, hit and run offense.
- Driver failed to stop under Section 114.

38
Q

Section 119 LTA 1998?

A

Powers of entry to carry out breath alcohol testing.
- Can enter any premise the person has entered to carry out EBA procedures.

39
Q

When can you carry out Section 119 of LTA 1998?

A

Good Cause To Suspect:
- failed to stop for lights or sirens.
- committed/committing an offense against reckless or dangerous driving.
- is recently been driving under the influence of alcohol or drugs or both.
HAVE TO BE FRESHLY PURSUING THE PERSON.

362 Exam 2 (9 decks)

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