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WING 330 > Land Transport Act 1998 > Flashcards

Land Transport Act 1998 Flashcards

1
Q

Section 114 Land Transport Act 1998

A
  • Uniform that must be warn to stop etc..
  • Power to require driver to stop and give name and address. ( applies to cyclists, skateboarders, Roller- bladers etc)
    The driver must remain stopped (15mins)
  • Arrest, if they fail to stop, refuse or give false details.
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2
Q

Section 113 Land Transport Act 1998

A

Enforcement officers may enforce transport legislation.
D - DIRECT - A person on a road to give details.
I - INSPECT - Inspect, test, examine a vehicle.
M -MOVE - Move a vehicle.
D - DIRECT - to move (vehicle) if obstruction for road safety
F - FORBID - An unlicensed driver to drive a vehicle
F - FORBID - a transport operator without a licence to operate that transport service
D - DIRECT - to follow a line of traffic.

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3
Q

Section 116 Land Transport Act 1998

A

Enforcement of directions

Enforcement Officer can Arrest if good cause to suspect noncompliance with directions under s113 or s115

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4
Q

Section 115 Land Transport Act 1998

A

Enforcement officers may give directions prohibiting driving of vehicles.

  • Direct a vehicle not to be driven on a road.
  • GREEN (POL650) and PINK stickers(POL 555).
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5
Q

Section 121 Land Transport Act 1998

A

Enforcement officer may immobilise vehicle, etc, in specified circumstances.
F - FORBID that person to drive for a specified time
A - ALL keys to be surrendered
R - RENDER a vehicle immobile
M - MOVE or cause to be moved vehicles causing an obstruction or hazard.
E - EBA offenders must be forbidden to drive for a 12 hour period.
D - DIRECT a person to a specified rest areaif they have exceeded their driving hours.
ARREST a person for failing to comply, attempting to do a s121 forbidden act.

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6
Q

Section 96 Land Transport Act 1998

A

Vehicle seized and impounded for 28 days in certain circumstances.
Section 1 MUST others IF PRACTICABLE
S1 - Disqualified drivers
S1 - Suspended or revoked licence
S1- Previously forbidden to drive
- Alcohol interlock holder using it contrary to conditions
- Operated vehicle in a race. (boy racer).
- Sustained loss of traction (boy racer).
- Failed to stop or remained stopped under section 114
- Breath alcohol over 400mcg per litre of breath.
- Blood alcohol over 80mgm per 100 milliliters of breath.
- Failed to undergo s72 or s73 of the LTA.

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7
Q

Section 122 Land Transport Act 1998

A

Enforcement officer may seize and impound vehicle for up to 12 hours in emergency.

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8
Q

Section 123 Land Transport Act 1998

A

Enforcement officer may seize and impound vehicle for up to 7 days in relation to certain offences.

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9
Q

Section 95 Land Transport Act 1998

A

Mandatory 28-day suspension of driver licence in certain circumstances.

  • Breath alcohol over 650mcg per litre of breath.
  • Blood alcohol over 130mgm per 100ml of blood.
  • Breath alcohol over 400mcg of alcohol per litre of breath and convicted in the past 4 years of any relevant offence.
  • Blood alcohol over 80mgm per 100ml of blood and convicted in the past 4 years of any relevant offence.
  • Failed or refused a blood test under sections 72 and 73.
  • Drove at 40km over the permanent posted speed.
  • Drove 50km over any speed limit other than the permanent one (temporary sign, towing speed)
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10
Q

Section 22 (3) Land Transport Act 1998

A

Duty to report Injury - 24 hours

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11
Q

Section 22 (4) Land Transport Act 1998

A

Duty to report Damage - to owner 48 hours or if owner cannot be found then report to police in 60 hours.

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12
Q

Section 22 (1) Land Transport Act 1998

A

Driver must stop and ascertain injury.

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13
Q

Section 119 Land Transport Act 1998

A

Powers to enter a premises by force if necessary.
If they:
- Has failed to stop for flashing lights.
AND
- Has committed or is committing an offence against s35 (1) (a) or (b) ( reckless or dangerous ).
- Is or has recently been driving under the influence of alcohol or drugs or both.
AND you are freshly pursuing that person
- You can without warrant in the course of pursuit
- Enter any premises on which the person has entered by force if necessary to exercise or complete EBA.

seize and impound vehicle.
Arrest If fail to remain for EBT, BST result.
Failing to accompany
Driving under the influence of Drink or Drug
Refusing to remain for a blood test
Refusing to give blood
assaulting an enforcement officer.

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14
Q

Section 31 Land Transport Act 1998

A

Offences relating to driving (other than alcohol-related offences) and penalties

(a) drives a motor vehicle on a road—
(i) with an expired driver licence; or
(ii) without an appropriate driver licence; or

(b) drives a motor vehicle contrary to the conditions of his or her driver licence; or
(c) is the driver of a motor vehicle and fails to produce his or her driver licence for inspection without delay after being required to do so by an enforcement officer

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15
Q

Section 32 Land Transport Act 1998

A

Contravention of section 5(1)(c)
A person commits an offence if the person drives a motor vehicle on a road—

(a) while disqualified from holding or obtaining a driver licence; or
(b) contrary to an alcohol interlock licence, a zero alcohol licence, or a limited licence; or
(c) while his or her driver licence is suspended or revoked.

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16
Q

Section 52 Land Transport Act 1998

A

Contravening notices, requirements, etc, given or imposed by enforcement officers

removes, obscures, or renders indistinguishable a notice affixed to a vehicle under section 115,

drives a vehicle to which a notice under section 115 applies

fails or refuses to comply with any lawful requirement, direction, notice, request, or prohibition given to or imposed on him or her under this Act by an enforcement officer or a dangerous goods enforcement officer

17
Q

Section 68 Land Transport Act 1998

A

Who must undergo breath screening test

  1. Any driver of a motor vehicle on any road (random stopping)
  2. Any person attempting to drive a motor vehicle on any road.
  3. Any person you have good cause to suspect has recently committed an offence against road safety provisions of the Land Transport Act 1998 that involves the driving of a motor vehicle.
  4. A driver of a motor vehicle involved in a motor accident.
  5. Where the driver is not known you have good cause to suspect passengers in a motor vehicle involved in a motor accident.
18
Q

Speak to the driver and say for Evidential Breath Test (EBT)

A

I require you to undergo an evidential breath test without delay.

19
Q

Speak to the driver and say for Requiring a person to accompany. (RTA)

A

You are now required to accompany me to Christchurch Police Station or other such place for the purpose of an evidential breath test, blood test or both.

20
Q

Speak to the driver and say for Breath screening test (BST)

A

I require you to undergo a breath screening test without delay.

21
Q

Use of Drager passive breath testing device allowed under?

A

Section 68 Land Transport Act 1989

22
Q

Drink-drivers will be arrested only:

A

If this is necessary to complete breath/blood alcohol tests.

  • If there are reasonable grounds to believe that they will be a risk to public safety by again driving while impaired by alcohol.
  • If there is doubt about their identity.
  • If there is doubt that they will be able to be located for serving a summons.
  • To ensure that they will appear in court.
23
Q

Breath alcohol levels that are infringements

A

OVER 20 years: 251-400mcg of alcohol per litre of breath – infringement notice and demerit points (with no blood election option)

UNDER 20 years; 1 - 150mcg of alcohol per litre of breath-infringement notice and demerit points (with option to elect a blood test)

24
Q

Responsibility during 10 Minute period.

A

You must give the driver 10 minutes to decide whether to have a blood sample taken. Always allow 12 minutes.

Do not advise the driver on what to do. It is preferable that you do not talk to the person at all. However, on occasions, you may have to answer queries. If the person wants the procedure explained again, stop the clock, explain the procedure and then restart the clock, allowing another 12 minute

25
Q

When is a summons used?

A

A summons under section 29 of Criminal Procedure Act 2011 is normally used when a person accepts the breath test reading and is not arrested.

26
Q

Land Transport Act 1998 Section 56

A

Contravention of specified breath or blood-alcohol Contravention of specified breath or blood-alcohol limit

27
Q

Land Transport Act 1998 Section 57

A

Contravention of specified breath or blood-alcohol limit by person younger than 20

28
Q

Land Transport Act 1998 Section 118

A

Requirement to give information as to identity of driver or passenger ( must comply with the request within 14 days within their means and ability to comply.)
Owner of Hirer
- Reasonable cause to believe driver committed an offence against any act
- Reasonable cause to believe passenger committed an offence against any act

29
Q

Land Transport Act 1998 Section 90

A

Suspension of licence or disqualification from driving under demerit points system

1 If, in any 2-year period, a person has accumulated a total of 100 or more demerit points, the Agency must give notice in writing advising the person that—

(a) the person has accumulated 100 or more demerit points; and
(b) the penalty specified in subsection (3) or (5) has been imposed and takes effect immediately.

30
Q

TON

A

Traffic offence Notice

31
Q

ION

A

Infringement Offence Notice

32
Q

Land Transport Act 1998 section 31

A

Failing to comply with Learner or Restricted Licence conditions
Driving a motor vehicle with expired licence,
without appropriate licence,
drive a vehicle contrary to licence conditions,
fail to produce licence,
fail to return licence to the director when required.

33
Q

Land Transport Act 1998 section 37: Inconsiderate or careless use: Elements

A 
Operates
A Vehicle 
On a road
Carelessly 
OR
Without reasonable Consideration for other road users.
34
Q

Four classes of driving

A

Inconsiderate Driving
careless Driving
Dangerous Driving
Reckless Driving

35
Q

Land Transport Act 1998 section 35: Reckless or Dangerous driving: Elements

A 
Operates
A motor vehicle
on a road
Recklessly
OR 
In a manner /speed which may be dangerous to any public/any person
36
Q

Land Transport Act 1998 section 36 (1) (a)

A

A person commits an offence if the person
operates a vehicle
in a race
OR
In an unnecessary exhibition of speed or acceleration
On a road in contravention of section 22A(1)

37
Q

Land Transport Act 1998 section 36 (1) (b)

A 
Without reasonable excuse
intentionally pours on to
OR
Places on 
OR
Allows to spill onto
A road
Any petrol.oil or diesel fuel
OR 
Any other substance that causes loss of traction
38
Q

Land Transport Act 1998 section 36 (1) (c)

A

without reasonable excuse
Operates a vehicle on a road
In a manner that causes sustained loss of traction.

39
Q

The five situations when you can require a person to undergo a breath screening test without delay.

A
  • Any driver or any motor vehicle on any road.
  • Any person attempting to drive a motor vehicle on any road.
  • Any person you have Good Cause To Suspect has recently committed an offence against road safety provisions of the LT Act that involves the driving of a motor vehicle.
  • A driver of a motor Vehicle involved in a motor accident.
  • Where the driver is not known, you have Good Cause To Suspect passengers in a vehicle, involved in a motor accident

WING 330 (35 decks)

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