Land Transport Act 1998 Flashcards
What is section 113 of the land transport act 1998?
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.
What is section 114 of the land transport act 1998?
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.
What is section 115 of the land transport act 1998?
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
What is section 116 of the land transport act 1998?
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
What is section 118 of land transport act 1998?
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.
What does section 119 of the land transport act 1998??
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.
What is section 121 of the land transport act 1998?
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.
What is section 122 of the land transport act 1998?
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.
What is section 123 of the land transport act 1998?
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
What is section 90 of the land transport act 1998?
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
What is section 96 of the land transport act 1998?
Power to seize vehicles for 28 days
What is section 96(1A) of the land transport act 1998?
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.
What is section 95 of the land transport act 1998?
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
What is the breath alcohol limit for someone under 20?
No alcohol
What is the breath alcohol limit for someone over 20?
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