Land Transport Act 1998 Flashcards

1
Q

What is section 113 of the land transport act 1998?

A

General powers

DIMDFFD

Direct - details - NADPOO

Inspect - test and examine any part of the vehicle or any land transport document displayed on or in vehicle.

Move - move person or authorise another person to move vehicles

Direct - direct the driver or person in charge of the vehicle to move vehicle.

Forbid - unlicensed driver to drive a motor vehicle

Forbid - a person who is operating a transport service without a license to operate that transport service

Direct - a person using a vehicle in a particular line of traffic or direction.

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2
Q

What is section 114 of the land transport act 1998?

A

Stopping vehicles and demanding details.

May stop the vehicle and demand that the driver state NADPOO if they are the owner of the car.
If not NADPOO of the registered owner.

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3
Q

What is section 115 of the land transport act 1998?

A

Stickers

Green - POL650

A green sticker maybe given out if you have RGTB
That vehicle is DEFECTIVE and it fails to comply with regulations or rules
E.g a tinted window, a defective exhaust.

Pink - POL555
A pink sticker maybe given out if you have RGTB that vehicle is not in a safe condition to be driven on a road
E.g illegal modifications, or structural rust

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4
Q

What is section 116 of the land transport act 1998?

A

Power of arrest

An arrest may be made without warrant against a person whom the officer has GCTS has failed to comply with a direction given under section 113 or section 115

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5
Q

What is section 118 of land transport act 1998?

A

Obtaining information

Police officer may require the owner or hirer of any vehicle to give within 14 days all information asked.

If the information required is for a failing to stop, the details must be given immediately.

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6
Q

What does section 119 of the land transport act 1998??

A

Power of entry to carry out an EBT

GCTS that the driver has failed to stop for flashing lights or sirens
Has committed an offence
Is or has recently been driving under the influence of an alcoholic, drink, drug or both

May without warrant enter any premises on which the person has entered (by force necessary) to complete an excess breath, alcohol procedure test.

MUST be freshly pursuing that person.

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7
Q

What is section 121 of the land transport act 1998?

A

Taking keys and forbidding from driving

FARMED

Forbid - that person to drive for a specific time or

All keys - to be surrendered

Render - the vehicle immobile

Move - any vehicle causing an obstruction or hazard

EBA - offenders must be for Biddon to drive for a 12 hour period or

Direct - direct to that person to drive to a specified place to rest

Under section 121(4)
You can arrest a person without warrant if they are failing to comply with your directions or attempt to do an act which you have forbidden them to do in section 121.

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8
Q

What is section 122 of the land transport act 1998?

A

Seizing vehicles

RGTB in the interest of public safety

You may seize and impound vehicle for a period not exceeding 12 hours

May extend for a further 12 hours of circumstances have changed.

This power is a last resort.

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9
Q

What is section 123 of the land transport act 1998?

A

Power to seize vehicle for 10 days if RGTB That vehicle has been involved in a serious traffic accident or that driver has failed to stop in accordance with section 114.

Seize and impound a motor vehicle for a period not exceeding 10 working days in order to

Preserve evidence
Enable scientific examination
Establish the cause of a serious traffic accident

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10
Q

What is section 90 of the land transport act 1998?

A

Suspending licenses, and disqualifying from driving

If in a two year period, a person has accumulated a total of 100 or more Demerrit points will have their license suspended for three months

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11
Q

What is section 96 of the land transport act 1998?

A

Power to seize vehicles for 28 days

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12
Q

What is section 96(1A) of the land transport act 1998?

A

Power to seize - Boy racers

May impound a motor vehicle for 28 days if an officer has RGTB that

A person operated the vehicle in a race or in an unnecessary exhibition of speed or acceleration or

Without reasonable excuse, operated the vehicle on a road in a manner that caused the vehicle to undergo sustained loss of traction.

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13
Q

What is section 95 of the land transport act 1998?

A

Mandatory 28 days suspension of driver licenses in certain circumstances.

40KM OVER posted speed limit

50KM OVER temporary speed limit

Have a breath alcohol concentration exceeding 650mcg of alcohol per litre of breath

Person has been found to have breath alcohol of over 400mcg of alcohol per litre of breath AND has been convicted for any RELEVANT offences within the last four years

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14
Q

What is the breath alcohol limit for someone under 20?

A

No alcohol

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15
Q

What is the breath alcohol limit for someone over 20?

A

251 +

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16
Q

What are the blood alcohol limit for someone over 20?

A

80 milligrams of alcohol per 100 millilitres of blood

17
Q

What are the blood alcohol limit for someone under 20?

A

No alcohol

18
Q

What are the 5 categories of drivers police can breath test and what are the sections?

A

Section 68(1)(a) Driving or attempting to drive a motor vehicle
1. Any driver of a motor vehicle
2. Any person attempting to drive a motor vehicle

Section 68(1)(b) Offence against the LTA
3. Any person you have GCTS has recently committed an offence against the LTA that involves driving a motor vehicle

68(1)(c) motor vehicle accident (crash)
4. A driver of a motor vehicle involved in an accident
5. Where the driver is not known but you have GCTS passengers in a motor vehicle we’re involved in a motor accident

19
Q

What is the purpose of a passive breath test and what results can it give?

A
  • Detect alcohol on the drivers breath
  • Alcohol and no alcohol
20
Q

Why is it important the verify the drivers age when doing alcohol breath testing?

A

Legal limits differ from those 20 and under to 20 and over

21
Q

What are the exact words that must be said before demanding a driver to undergo a breath screening test?

A

“I now require you to undergo a breath screening test without delay”

22
Q

What are the 4 results a breath screening test could show?

A

Pass

Under 250

250+ over

Over 400

23
Q

At what point can you arrest someone during a breath screening test?

A

If the driver refuses or fails to remain for the result of the test

24
Q

If someone fails a breath screening test, what are the exact words that must now be said to the driver?

A

“I now require you to accompany me to the _____ police station or other such place for the purpose of undergoing an evidential breath test, blood test or both”

25
Q

What are the extra parts that are added onto the Bill of Rights given to the driver once they have been told they are detained for an EBT?

A

These rights will continue throughout the breath or blood alcohol testing procedures

If you wish to speak to a lawyer, a telephone will be made available for you for that purpose as soon as practicable. You will be allowed a reasonable time to consult and instruct a lawyer from the time a telephone is made available to you

26
Q

If the driver refuses to accompany you what can you do?

A

Warn them that they might be arrested for failing or refusing to accompany you.

27
Q

Do you have to read them their rights again when arriving at the police station?

A

Yes, you must go through and tell them their rights again

28
Q

What must be said before administering the evidential breath test?

A

“ I now require you to undergo an evidential breath test without delay”