Land Transport Act 1998

Question 1

What does section 114 allow you to do?

Answer 1

Stop a vehicle and demand details from the driver

Question 2

What are the requirements before an officer can stop a vehicle?

Answer 2

They must have red or blue flashing lights or both, and can use the siren. They must also be either in uniform or be wearing a distinctive cap, hat or helmet with the badge of authority affixed.

Question 3

Section 114(3) & (5) explains what details the officer should demand. What are they?

Answer 3

Full name, Full address, occupation, phone number, date of birth.
And find out whether they are the owner of the vehicle. If not obtain owners particulars too.

Question 4

What is the max amount of time someone can be stopped under section 114?

Answer 4

15 minutes max

Question 5

If someone fails to comply with section 113 and 114 what section does our power of arrest come from?

Answer 5

Section 114(6) Can arrest if the driver fails to stop, refuses to supply details or supplies details that you think are false or misleading.

Question 6

What offence and what section can we charge them under if they fail to comply?

Answer 6

Charge: Fails to comply (with anything I have lawfully required from them)
Section 52(1)(c)

Question 7

What is section 113?

Answer 7

DIMDFFD

• Direct any person to give details
• Inspect test, examine the brakes or any other part of the vehicle
• Move the vehicle if its an obstruction/hazard
• Direct the driver to move the vehicle
• Forbid an unlicensed driver not to drive
• Forbid an unlicensed transport operator to continue operating until sufficient licence is received
• Direct a pedestrian or driver to stop/go in/keep to a particular lane

Question 8

Under what section can a green vehicle sticker be applied ordering an unlawful vehicle off the road?

Answer 8

Section 115(1)(b)

Question 9

Section 115(3)(b) allows us to do what?

Answer 9

Apply a pink sticker to a vehicle that is not in a safe condition

Question 10

Is it an offence for the offender to remove a pink or green sticker?

Answer 10

Yes it is

Question 11

If someone fails to comply with section 113 or 115 what section gives us the power to arrest?

Answer 11

Section 116

Question 12

What is section 121

Answer 12

FARMED
F- Forbid someone to drive
A- All keys are to be taken
R- Render the vehicle immobile
M- Move the vehicle if its an obstruction/hazard
E- EBA offenders & forbid to drive for 12 hours
D- Direct driver to a place for a rest

Question 13

If a person fails to comply with any requirements from section 121, for example refuses to hand over they keys. Where does our power of arrest come from?

Answer 13

Section 121(4) We can arrest if someone fails to comply with any part of Section 121 FARMED

Question 14

Section 118(1)&(2) allows us to do what and within what time frame?

Answer 14

Police can obtained details of the owner or hire company (providing its not the driver) if they have concerns that the driver has committed any offence against any act. Police can also obtain any passenger details if they have committed, aided or avoided arrest for any offence against any act.

Question 15

Police can require any owner of any vehicle used to flee police pursuit to immediately give all the information available to them about the drivers identity. What section allows us to do this?

Answer 15

Section 118(4) Obtaining information regarding hire vehicles.

Question 16

When can we issue a section 95, 28 day licence suspension?

Answer 16

Issue a suspension notice if they believe on reasonable grounds, that the driver has attained;

• 650mcg alcohol /ltr - breath level
• 130mgm alcohol / 100ml - blood level
• Exceeded adult breath or blood levels and convicted of relevant offences in last 4 years
• Failed/refused to undergo blood test (Section72&73)
• Travelled 40kph more than the permanent posted speed limit
• Travelled 50kph more than the temporary speed limit(cameras do not apply)

Question 17

What are our requirements when we issue a 28 day licence suspension under section 95?

Answer 17

• Issue a notice of licence suspension
• Read the front of the notice to them
• Tell them their licence is suspended immediately for 28 days
• Tell them they must surrender there licence immediately
• Tell them their appeal rights (S101-109)

Question 18

What section allows us to suspend someone’s licence if in two years they have accumulated a total of 100 or more points?

Answer 18

Section 90

Question 19

Section 90 allows us to disqualify someone from driving if what?

Answer 19

They are caught driving and they do not hold a current licence.

Question 20

What is the blood and breath alcohol limit for someone under 20?

Answer 20

Zero

Question 21

Can you arrest someone if they fail to undertake a passive breath test?

Answer 21

No

Question 22

In terms of breath and blood alcohol tests when can someone be arrested?

Answer 22

If they refuse an officers request for blood OR they fail to remain for the results of an evidential breath test OR they refuse to accompany you when you have required them to do so.

Question 23

When must you notify police if you have crashed into someone else’s property but you can’t locate the owner?

Answer 23

60 Hours

Question 24

If police have been freshly pursuing a rental vehicle that failed to stop, how long do the owners have to supply any details relating to the identification of the driver?

Answer 24

They must give the information to the police immediately.

Question 25

If John has hired a vehicle from Wellington airport rentals and has driven it from Wellington to Auckland but on his journey he committed a crime against the Land Transport Act. How long does the rental company have to notify police of any details relating to the identification of John?

Answer 25

14 Days

Question 26

If you cause an accident, Section 22 relating to crash law tells you what you must to do. (only if practicable) What must you do?

Answer 26

Stop, Ascertain injury and Render assistance

Question 27

If the accident caused injury or death to another person how long do you have to notify Police?

Answer 27

24 hours

Question 28

What are the three types of drivers licence in New Zealand?

Answer 28

Learners Licence, Restricted Licence & Full Licence.

Question 29

A person driving a motor vehicle at 70kph on a 100kph road with a line of traffic behind them is considered to be what?

Answer 29

Inconsiderate driving

Question 30

A person knowingly pulled out into oncoming traffic to pass a line of cars on double yellow lines is considered to be what?

Answer 30

Dangerous Driving