Land Transport Act 1998 Flashcards

1
Q

Under what circumstances can police seize vehicles for 12 hours?

A

If you believe on reasonable grounds that it is in the interest of public safety you can seize and impound a vehicle for 12 hours, this may be extended for a furthur 12 hours if circumstance have not changed.
section 122

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2
Q

Under what circumstances can police seize vehicles for 7 Days?

A

to preserve evidence
enable scientific examination
establish the cause of a serious accident.
if you believe on reasonable grounds the vehicle has been involved in a serious accident
The driver failed to stop under section 114(1) and (2)

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3
Q

Under what circumstances can police seize vehicles for 28 days?

A

They were driving while disqualified
they had a suspended or revoked licence
They were not holding a licence
Breath alcohol over 400 mcg and have 2 previous related convictions
Blood alcohol 80 mcm and have 2 previous related convictions
Failed or refused blood test.

Also

Boy racers act sectionn 96

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4
Q

What are your powers under Land Transport Act 1998 Section 115

A

This power allows an enforcement officer to prohibit vehicles from being driven on the road. (650 is green New evidence of WOF required)
(555 pink Not in a safe condition to be driven on a road)

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5
Q

What are your powers under Land Transport Act 1998 Section 116

A

You can arrest a person without warrant if you have good cause to suspect the person has failed to comply with a direction given under 113 or 115 under the Land Transport Act 1998

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6
Q

What are your powers under Land Transport Act 1998 Section 118

A

Obtaining information.

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7
Q

What are your powers under Land Transport Act 1998 Section 119

A

Powers of entry, to enter by force if necessary to carry out breath alcohol testing if person has
Failed to stop for flasing lights and sirens
and
has commited or is commiting an offence against 35(1)(a) or (b) or
is or has recently been driving under the influence of alcoholic drink or drugs or both and you are freshly pursuing that person.
To seize a vehicle without warrant if they are freshly pursuing the vehicle or the vehicle is to be removed, concealed, destroyed or disposed of or they suspect on reasonable grounds the vehicle was about to be used in the commision or crime.

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8
Q

What are your powers under Land Transport Act 1998 Section 121

A

Power to Take Keys and forbid driving
Forbid that person to drive for a specified time
All keys to be surrendered
Render vehicle immobile
Move
EBA offenders must be forbidden to drive 12 hours
Direct that person to drive to a specified place to rest if exceeded their driving hours.

Power to arrest if no compliance

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9
Q

What are your powers under Land Transport Act 1998 Section 122

A

Power to seize vehicle for 12 hours

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10
Q

What are your powers under Land Transport Act 1998 Section 123

A

Power to seize and impound motor vehicle for 7 days.

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