Land Transport Act 1998 Flashcards
What are the relevant LTA offences for S95 & S96
RELEVANT OFFENCES: 56(1), 56(2), 57(1)(2)(only for section 96), 57A, 58, 60(1)(a), 60(1)(b), 61(1), 61(2)
22(1)
VCL 22(1): traffic accident, DRIVER must, STOP, ASCERTAIN injuries, RENDER practical assistance
22(3)
VCL 22(3): Crash involving injury/death, DRIVER, must report IN PERSON, to PIG or PIGPEN, asap, no later than 24hrs, unless incapable because of injuries
22(4)
VCL 22(4): Crash involving damage to unoccupied vehicle or other property, belonging to another person, DRIVER MUST unless incapable within 48HRS, report to OWNER: name, address, rego, crash location OR if owner can’t be contacted then PIG/PEN within 60HRS
52(1)(a)
TLP 52(1)(a): Offence to remove stickers or drive before tested of section 115 - POA 116
52(1)(c)
TLP 52(1)(c): Offence to drive whilst forbidden - POA 116
56(1)
EBA 56(1): BREATH TEST, 401+ BREATH, disquali 6mths. -> If third offence: disquali 1 yr
56(1A)
EBA 56(1A): BREATH TEST, 251-400 BREATH, $200 fee + 50 demerits. ALSO NOTE: NOT entitled to elect blood if this result
56(2)
EBA 56(2): BLOOD TEST, 81+ BLOOD, disquali 6mts. -> If third offence: disquali 1 yr
56(2A)
EBA 56(2A): BLOOD TEST, 51-80 BLOOD, $200 fee + 50 demerits
56(2B)
EBA 56(2B): BLOOD TEST, PERSON REFUSED/FAILED EBT, 51-80 BLOOD, $700 fee + 50 demerits -> cover costs of nurse coming and taking blood
57(1)
EBA 57(1): age 19-, BREATH, 151+, disquali 3mths -> NOTE: if 16- -> YASection. ALSO NOTE: if 401+ then section 56(1) applies
57(1A)
EBA 57(1A): age 19-, BREATH 1-150, $200 fee + 50 demerits
57(2)
EBA 57(2): age 19-, BLOOD, 31+, disquali 3mths -> NOTE: if 16- -> YASection. ALSO NOTE: if 81+ then section 56(2) applies
57(2A)
EBA 57(2A): age 19-, BLOOD, 1-30, $200 fee + 50 demerits
57A
EBA 57A: Driving with blood that contains evidence of use of qualifying drug
58
EBA 58: DRIVE or ATTEMPT, under DRINK or DRUG, INCAPABLE PROPER CONTROL, disquali 6mts. -> If third offence: disquali 1 yr POA 120
59(1)(a)
EBA 59(1)(a): Fails or refuses to remain POA 120
59(1)(b)
EBA 59(1)(b): Fails or refuses to accompany POA 120
60(1)(a):
EBA 60(1)(a): Fails or refuses to give blood when required by pig POA 120
60(1)(b)
EBA 60(1)(b): Fails or refuses to give blood when requested by Medical practictioner POA 120
61(1)
EBA 61(1) caused death or injury with EBA
61(2)
EBA 61(2) caused death or injury while incapable
68(1)(a)
EBA 68(1)(a): can under go breath test when; ANY DRIVER, (driving or attempting to drive) MOTOR VEHICLE, ON ANY ROAD
68(1)(b)
EBA 68(1)(b): can under go breath test when; ANY PERSON, you have GCTS, recently committed an offence against Land Transport Act 1998, that involves the driving of a motor vehicle
68(1)(c)
EBA 68(1)(c): can under go breath test when; where DRIVER is NOT KNOWN, you have GCTS, PASSENGERS in vehice, involved in a motor accident
90
TLP 90: suspension of licence or disquil; in any 2yr period over 100 demerits and AUTHORISED by NZTA, then serve POL1006 = suspended for 3months, can’t obtain licence for 3months, starts when issued.
95
TLP 95: 28-day suspension of licence; a pig who BELIVES ON REASONABLE GROUNDS following situations MUST suspend licence for 28-days; breath 651+, blood 131+, breath 401+/blood 81+ and convicted of above relevant offence (within last four years)[Youth level offences do not count 16-], drove 40kmph over permanent speed, drove 50kmph of temp speed.
96
TLP 96: Power to seize for 28 days; MUST IF PRACTICAL impound motor vehicle for 28 days or towy, if on REASONABLE GROUNDS that person drove while subject to; disquialified OR suspended OR not hold licence AND previously forbidden to drive OR BREATH 401+/BLOOD 81+ AND 2 previous relevant offences (within last four years)[Youth level offences do not count 16-].
96(1A)
TLP 96(1A): Power to seize for 28 days (boy racers); MAY seize and impound motor vehicle if BELIEVE ON REASONABLE GROUNDS person; raced, unnecessary exhibition of speed or acceleration, or without excuse operated vehicle on road in a manner that caused vehicle to undergo loss of traction (burnouts), if so then green sticker.
101
TLP 101: Appeal to section 95: may appeal to agency on grounds that: the person was not the driver of the vehicle at the time, police office did not have RGTB. THE AGENCY MUST WITHIN 5 WORKING DAYS; REMOVE SUSPENSION IMMEDIATELY or DISMISS THE APPEAL
109
TLP 109: Appeal against refusel of 101; If dismissed under 101 person can appeal to District Court against decision, court may SUSPESION REMOVE or DISMISS APPEAL.
113
TLP 113: General powers of transport legislation enforcement; a pig, when enforcing provisions of road and transport acts, may at anytime: DIMDFFD a nonmoving vehicle. POA 116. Key difference between 113 and 114; 114 allows to stop vehicles 113 does not, 114 allows demand details, 113 allows only if person has committed offence against road and transport acts, namely Land Transport Act 1998. As passengers in vehicles haven’t commited any offences against Land Transport Act then no power to demand details.
114
TLP 114: Power to stop vechicles and demand details; pig displaying blue and red with siren may signal driver to stop AND demand the driver to state: their name, address, DOB, occupations or such particulars, whether they own the car, and if not the name and address of the owner of the vehcile etc. Can exercise any other power under this act, IF STOP SOLEY FOR IDENTIFY CAN DELAY FOR UP TO 15MINS. Not just motor vehicles. Can arrest if fails to stop, not supply details, supply falsies. POA is 114
115
TLP 115: Power to direct vehicle not be driven on a road; if pig believes ON REASONABLE GROUNDS that a vehicle on a road FAILS TO COMPLY WITH REGULATIONS OR RULES then Green (POL 650) = need to get new warrant, OR NOT IN A SAFE CONDITION TO BE DRIVEN ON ROAD then Pink (POL 555). POA sec 116 anyone who fails to comply.
116
TLP 116: pig can arrest without warrant if GOOD CAUSE TO SUSPECT person has failed compliance with sec 113 and 115.
117
TLP 117: You must also take all care to prevent damage to the vehicle and personal effects. ALSO NOTE: You can seize the vehicle only – not its attachments, such as a trailer or a boat. Release personal property on request to the person lawfully entitled to it.
118
TLP 118: obtaining information; pig may require OWNER or HIRER of any vehicle to give, within 14 days, all info about: the id of driver if driver is alleged commit any offence under ANY ACT while in charge of vehicle, or id of passenger if passenger has committed offence under act in or through use of a vehicle. HOWEVER pig can obtain beforementioned info IMMEDIATELY if owner of vehicle used to flee a pursuit.
119
TLP 119: Powers of entry to carry out breath alcohol; pig GCTS person failed to stop AND commited or is commiting offence against sec 35(1)(a) or (b)(reckless or dangerous driving) AND you are freshly pursuing, pig can without warrant enter any premise on which the person has entered, by force if necessary to complete EBA procedure.
120
TLP 120: Arrest of persons for alcohol or drug-related offences, or assault on enforcement officer.
121
TLP 121: Power to take keys and forbid driving; FARMED - E = EBA offenders forbidden to drive for 12hrs. POA 121 if fail to comply with directions or attempt to do a forbidden act by section 121.
122
TLP 122: power to seize for 12hrs; LAST RESORT, if BORG in interest of public saftey, seize and impound. Further 12hrs seized if circumstances haven’t changed.
123
TLP 123: power to seize for up to 7days; can seize not exceeding 7days in order to: perserve evidence, if BORG vehicle has been involved in a serious traffic accident or failed to stop under 114.
Under S121 what does FARMED stand for?
FORBID that person to drive for a specified time
ALL KEYS TO BE SURRENDED
RENDER the vehicle immobile (remove cords, etc)
MOVE vehicle if an obstruction
EBA offenders must be forbidden to drive for 12hrs
DIRECT that person to drive to a specifed place to rest if they have exceeded their driving hours
Under S113 what does DIMDFFD stand for?
Direct a person a road to give their full details
Inspect, test and examine the vehicle or a land transport document (WOF, rego, etc.)
Move or authorise another person to move any vehicle causing an obstruction
Direct the driver to remove the vehicle from the road
Forbid an unlicensed driver to drive
Forbid a person who is operating different class vehicle
Direct a person riding an animal on road to stop or keep a particular line of travel.
What is serious traffic accident?
‘Serious traffic accident’ means an accident involving a vehicle that results in injury or death to a person.
What type of vehicles can an EBA be done on?
Motor vehicles.
What vehicles can 114 be used?
All, not just motor vehicles, e.g. bicycle.
Can you demand details from a passenger if you stop the car under S114?
No.
Can under 113 and only if they have committed an offence against the LTA.
If someone is thinking about failing to accompany for EBA, what do you do?
WARN them they MAY be arrested, if arrested BAIL WILL BE CONSIDERED
How many attempts does a person have at an evidential breath test before going to bloods?
3
How much time does someone get before deciding whether they want to go bloods?
10, but you give them 12.
What form do you fill out for EBA?
POL 515 a-g read h out to them
What details can you obtain from 114?
full name, full address, dob, occupation, telephone
whether they are the owner of car and ifnot,
the name and address of owner or such particulars within drivers knowledge as may lead to identification of the owner
How long must a driver remain stopped for under a S114 stop?
AS LONG AS REASONABLE NECESSARY FOR YOU TO:
obtain particulars
exercise any other power under Act
If drop driver solely for purpose of establishing identity then delay for 15mins
What is the definition of a motor vehicle?
Motor vehicle = a vehicle drawn or propelled by mechanical power, includes a trailer.
(c)does not include—
(i)a vehicle running on rails; or
(iii)a trailer (other than a trailer designed solely for the carriage of goods) that is designed and used exclusively as part of the armament of the New Zealand Defence Force; or
(iv)a trailer running on 1 wheel and designed exclusively as a speed measuring device or for testing the wear of vehicle tyres; or
(v)a vehicle designed for amusement purposes and used exclusively within a place of recreation, amusement, or entertainment to which the public does not have access with motor vehicles; or
(via pedestrian-controlled machine; or
(vii)a vehicle that the Agency has declared under section 168A is not a motor vehicle; or
(viii)a mobility device
What is the definition of a ‘road’?
Road = street, motorway, beach, a place public have access to (whether as of right or not), all bridges, ferries(anything forming part of a road, etc), all sites at which
vehicles may be weight for purposes of any Act
What section of LTA gives you power to conduct a passive breath test (use a sniffer)?
S68 LTA
If a passive breath test comes up with ALCOHOL what must you say?
“I require you to undergo a breath screening test without delay.”
In following situations after a BST; 20+yrs reads OVER 400 or 250+ OVER, or >20yrs read UNDER 250 OVER 400 or 250+ OVER, what would you say to the driver?
“I now require you to accompany me to the BLANK Police Station or other such place
for the purpose of an evidential breath test, blood test or both.”
When would you arrest an EBA rather than summons?
B - Necessary to complete breath/blood tests
D - RGTS risk to public safety by driving again
I - Doubt about identify
S - Doubt about locating them for serving a summons
E - Ensure they will appear in court
BISED
