Land Transport Act 1998 Flashcards
S114: stopping vehicles and demanding driver details
•Stopping power for traffic only •Flashing blue/red lights and sirens •Uniform with hat an badge Demand: •name,add,DOB,occ, ph •are you the owner •who is
Arrest power 114(6)
S113: DIMDOD
Direct person on road to give details
Inspect or examine the brakes or anything re: car
Move any car
Direct any person to move a car that is a hazard
Order an unlicensed driver not to drive untill correct licence
Direct pedestrian or other traffic
S115 banning vehicles from the road
Arrest power found in 116
(1) (b) green sticker- defective cars (fails to comply)
(3) (b) pink sticker- unsafe cars “not in a safe condition to drive at all”
S118 obtaining information
Owner/hirer - to give information regarding a driver within 14 days
UNLESS
After pursuit
ANY OFFENCE + ANY ACT
S116 arrest power
Used to cover any person failing to comply with sections 113 and 115 of the land transport act 1998
S119 Powers of entry
119(2)
good cause to suspect any person:
Has failed to stop for flashing lights
And you freshly pursuing that person
You can without warrant enter by force if necessary, any premise that person has entered to perform EBA procedures
S119(3) is where an enforcement officer can:
Without a warrant enter by force if necessary
Any building or place where in s96/123 being kept
To seize an impound vehicle if
They are freshly pursuing that vehicle
The vehicle is about to be CRDD
S121 taking keys and forbidding to drive
Power of arrest found 121 (4)
FARMED
When an officer believes on reasonable grounds that any person in charge of a motor vehicle is incapable
Because of their physical or mental condition or through not complying with their driving hours they can
- Forbid that person to drive for a specified time
- All keys to be surrendered
- Render the vehicle immobile
- Move any vehicle obstructing or causing a hazard
- EBA offenders must be forbidden for 12 hrs
- Direct that person to drive to a specified place of rest
S122 seize a vehicle for 12hrs
Seize and impound vehicle 12 hours - public safety
S123(1) seize a vehicle for up to 7 days
Seize and impound Enable scientific examination establish the course of the serious traffic accident.
S90 suspending licence and disqualifying from driving.
Within a two year period Any person who obtains 100+ demerits must be given in writing by the director of NZTA of their three month license suspension any person who does not hold a current licence becomes disqualified driver for the same period.
S95 LTA 98 is….?
suspended drivers licence for 28 days
S96 LTA 98 is….??
Seize and impound vehicle for 28 days