Land Transport Act 1998 Flashcards
What is section 95?
Suspending licenses for 28 days
Breath alcohol over 650mcg
Blood reading over 130 MGM
Breath alcohol over 400 mcg and 2 relevant Offences in last 4 yrs
Blood alcohol over 80 mgm and 2 relevant Offences in last 4 yrs
Person failed or refused blood test
Person drove 40kph over speed limit
Person drove 50 kph over speed limit
What is section 96?
Seizing and impounding vehicles for 28 days.
What is section 114?
Stop and tell me more!
Power to stop and demand details.
What is section 113?
The power: DIMDFFD
D direct a person on a road to give details
I inspect, test and examine car
M move any vehicle if road using obstruction
D direct the driver to move or remove
F forbid an unlicensed driver to drive a motor vehicle
F forbid a person who is operating a transport service without a license to operate that transport service.
D direct a person driving/pedestrians/horse riders to go in certain lane etc.
What is section 115?
Pink sticker or green sticker
What is section 121?
When you believe a person shouldn’t be driving due to mental/physical state or other factors:
F forbid a person to drive for a specified time.
A all keys surrendered
R render the vehicle immobile
M move or cause to be moved any vehicle causing obstruction or hazard.
E eba offenders must be forbidden to drive for 12 hour period
D direct that person to drive a specified place to rest if they’ve exceeded time
What is Section 96(1A)?
BOY RACERS
You may seize and impound a motor vehicle for 28 days, or authorise someone else to if you believe on reasonable grounds:
- Operated the vehicle in a race, or in an unnecessary exhibition of speed or acceleration, on a road; or
- Without reasonable excuse, operated the vehicle on a road in a manner that caused the vehicle to undergo sustained loss of traction.
What section applies to persons under 20 years of age?
Section 57
For a youth under 17 years, no charge is filed. It is forwarded to youth aid.
What section applies to drink driving offences for people 20 years old and over?
Section 56
There are 7 points that allow seizing the vehicle for 28 days.
What are they?
- Disqualified from holding/obtaining license
- They have suspended/revoked licence.
- Not holding license + previously forbidden to drive.
- Breath alcohol over 400mcg and have 2 relevant previous convictions within last 4 yrs
- They have been found to have breath alcohol over 80mgm and have 2 relevant previous convictions within last 4 yrs
- Failed or refused blood test and have 2 relevant previous convictions within last 4 yrs
Section 95 involves suspending licenses for 28 days. What are the reasons this would happen?
- Blood alcohol over 400mcg and have 2 relevant previous convictions within last 4 yrs
- They have been found to have breath alcohol over 80mgm and have 2 relevant previous convictions within last 4 yrs
- Drove 40kph over perm speed limit
- Drove 50kph over perm speed limit
What are the 2 reasons that enable you to seize a car for 28 days in relation to boy racers (section 96A)?
(A) Unnecessary exhibition of speed
(B) loss of traction
What is Section 118?
How long must I wait?
Owner or hirer must give details of a driver within 14 days
If they are a fleeing driver then it must be immediately
What is Section 119?
Get in mine
Power of entry to complete eba procedures or 119(3) to seize and impound vehicle
What is Section 122?
Seizing vehicle for 12 hours