Land Transport Act 1998 Flashcards
RIDS
Risk Behaviours
- Restraints
- Impairment
- Distractions
- Speed
Inconsiderate Driving
Driving that includes inattention or thoughtless actions or omissions, as well as deliberate ones, which is inconsiderate to the other road users.
[Driving at such a slow speed as to hinder traffic (This offence can also be issued as an infringement - slow speed inconsiderate use)]
[Not taking reasonable steps to allow a line of following vehicles to pass]
Careless Driving
Falling below the driving standards of a reasonable prudent motorist.
[Indicating a left turn, then changing your mind and immediately turning right into the path of an overtaking car]
[Colliding with a correctly parked car, while travelling along a street]
Dangerous Driving
Driving in a manner or speed which was or might have been dangerous to anyone.
[A driver on a two-lane road pulling out to overtake on the wrong side of the road in the face of oncoming traffic]
[Travelling at 80kph at 0830 in a 50kph built-up area; presence of school children, other pedestrians, vehicles, etc]
Reckless Driving
Knowingly disregarding one’s duty as a driver
Deliberately running an unjustifiable risk of injury or collision
[Knowingly trying to outrun a patrol car at night and turns off head lights, endangering public safety; that is, the same principles as for dangerous driving]
[Deliberately driving through a stop sign at 80-100kph, which the driver knows is there, knowing that they would not be able to stop if required to]
Land Transport Act 1998 Section 95
LTA 1998 s.95 - Suspending Licence 28 days
(Alcohol)
- Breath >650 / Blood >130
- Breath >400 / Blood >80 + relevant conviction within 4 years
(EBA)
- Failed / Refused blood test under s.72 / s.73
(Speed)
- 40pkh over perm
- 50kph over temp
Land Transport Act 1998 Section 96
LTA 1998 s.96 - Impound vehicle 28 days
(Licence)
- Disqualified / Suspend / Revoked licence
- Expired or not holding licence and previously forbidden to drive
(Driving)
- Operated vehicle in contrary to to licence conditions
- Operated vehicle in race or unnecessary exhibition of speed
- Sustained loss of traction
- Failed to stop / remain stopped s.114
(Alcohol)
- Breath >400 / Blood >80 + 2 relevant convictions within 4 years
- Failed / Refused blood test under s.72 / s.73
Land Transport Act 1998 Section 96(1A)
LTA 1998 s.96(1A) - Impound vehicle 28 days
Also green sticker (defective)
- Boy racing
- Unnecessary exhibition of speed
- Sustained loss of traction
- Pouring diesel etc on road
Land Transport Act 1998 Section 113
LTA 1998 s.113 - General roadway related powers (DIMDFFD)
[obey me]
- Direct person on the road to give their details as well as information to identify driver / person in charge of vehicle
- Inspect, test / examine vehicle, any part of vehicle & any documents required to be carried by vehicle
- Move vehicle / authorise vehicle to be moved by another, if vehicle obstructing traffic, being hazard or is in public interest
- Direct driver of vehicle to move it from the road if being an obstruction in the interests of road safety or is in public interest
- Forbid an unlicensed driver from driving a vehicle
- Forbid a transport service driver from operating that service if not appropriately licensed
- Direct traffic
Land Transport Act 1998 Section 114
LTA 1998 s.114 - Power to require driver to stop and give name and address, etc
[stop for sure]
In uniform, or wearing cap, helmet or hat displaying badge of authority
Can demand from driver (NADPOO)
- Name
- Address
- DOB
- Phone
- Occupation
- Owner of vehicle?
Can detain for 15mins to determine identity.
You can arrest w/out warrant any person who:
- Fails to stop
- Refuses to supply details
- Supplies details that you have good cause to suspect are false or misleading
Land Transport Act 1998 Section 115
LTA 1998 s.115 - Banning vehicles from the road
[banned from drive]
Believe on reasonable grounds that the vehicle is not in a safe condition to be driven on a road / fails to comply with regulations or rules
- Forbid vehicle - order off the road
- Green sticker - defective
- Pink sticker - unsafe
[Illegal modification, structural rust, defective exhaust, tinted window screens]
Land Transport Act 1998 Section 116
LTA 1998 s.116 - Power to Arrest
Fails to comply with s.113 / s.115
Land Transport Act 1998 Section 118
LTA 1998 s.118 - Obtaining information
[What’s the info mate?]
Owner or hirer must within 14 days (Immediately if fleeing driver), give all information available to them which may lead to:
- ID & apprehension of driver if:
Alleged to have committed any offence against any Act while in charge of the vehicle.
- ID & apprehension of passenger if:
Committed / Aided in the commission of / has avoided arrest for - any offence against any Act.
Land Transport Act 1998 Section 119
LTA 1998 s.119 - Entering Premises & Seizing Vehicles
[cant hide this time]
Good cause to suspect any person:
- Failed to stop for flashing lights or a siren
- Committed/Committing offence against s.35 (dangerous/reckless driving)
- Is/has recently been, DUI of alcohol/drugs
And have been freshly pursuing that person:
- During pursuit enter any premises which person has entered, force if necessary, for EBA
- While on property use powers to seize/impound vehicle under s.96/s.123 if suspected CADD or vehicle may about to be used to commit a crime
[s.119 subject to RAIN]
Land Transport Act 1998 Section 121
LTA 1998 s.121 - FARMED
[Farmed this one]
Good reason to believe person physically or mentally incapable of controlling vehicle, fails or refuses Compulsory Impairment Test you can:
- Forbid to drive for specified time
- All keys surrendered
- Render vehicle immobile
- Move vehicle causing obstruction or hazard
- EBA offenders = forbidden for 12 hours
- Direct person driven excess driving hours to pull into rest area for period of time
Can arrest under s.121(4) anyone who fails to comply with direction / does something forbidden by s.121
Land Transport Act 1998 Section 122
LTA 1998 s.122 - Impound vehicle 12 hours (public safety)
[not for you, 12 hours = first two digits]
Allows seizure and impoundment of vehicle for 12 hours if in interests of public safety, emergency or as last resort. Can extend another 12 hours if required.
Land Transport Act 1998 Section 123
LTA 1998 s.123 - Impound vehicle up to 7 days (preserve evidence)
Can seize / impound vehicle for up to 7 days to:
- Preserve evidential material
- Scientific examination
- Establish cause of serious traffic accident
Must believe on reasonable grounds that vehicle was involved in serious traffic accident / hit & run / driver failed to stop under s.114
EBA stands for?
Excess Breath/Blood Alcohol
BST stands for?
Breath Screening Test
EBT stands for?
Evidential Breath Test
EBA Steps
- Passive Breath Testing
- Breath Screening Test (BST)
- Evidential Breath Test (EBT)
Land Transport Act 1998 Section 56(1)
LTA 1998 s.56(1)
20+ Breath - Exceeds 400mcg
3m/$4500 or both - DQ 6m
Land Transport Act 1998 Section 56(1A)
LTA 1998 s.56(1A)
20+ Breath - Exceeds 250mcg NOT 400mcg
$200 50 DM
Land Transport Act 1998 Section 56(2)
LTA 1998 s.56(2)
20+ Blood - Exceeds 80mgm
3m/$4500 or both - DQ 6m
Land Transport Act 1998 Section 56(2A)
LTA 1998 s.56(2A)
20+ Blood - Exceeds 50mgm NOT 80mgm
$200 50dm
Land Transport Act 1998 Section 56(2B)
LTA 1998 s.56(2B)
20+ Blood - Exceeds 50mgm NOT 80mgm
Failed / Refused EBA
Land Transport Act 1998 Section 57(1)
LTA 1998 s.57(1)
u20 Breath - Exceeds 150mcg
3m / $2250 - DQ 3m
Land Transport Act 1998 Section 57(1A)
LTA 1998 s.57(1A)
u20 Breath - NOT exceeding 150mcg
$200 50DM
Land Transport Act 1998 Section 57(2)
LTA 1998 s.57(2)
u20 Blood - Exceeds 30mgm
3m / $2250 - DQ 3m
Land Transport Act 1998 Section 57(2A)
LTA 1998 s.57(2A)
u20 Blood - NOT exceeding 30mgm
Land Transport Act 1998 Section 58
LTA 1998 s.58
Under influence of drink / drug / both. Incapable of PROPER CONTROL
3m / $4500 / both
DQ 6m
Land Transport Act 1998 Section 59
LTA 1998 s.59 - Fails / Refuses to remain
Land Transport Act 1998 Section 60
LTA 1998 s.60 - Fails/ Refuses to give blood
Land Transport 1998 Section 90(1)
LTA 1998 s.90(1)
100DM within 2 year
Suspended Licence - 3m
What details should you get from a driver?
What details should get from a driver?
NADPOO
- Full name
- Address
- DOB
- Phone
- Occupation
- Owner of vehicle
Land Transport Act 1998 Section 22
LTA 1998 s.22 - Drivers duties where accident occurs
- Injury / Death = 24 hours
- Damage to unoccupied vehicle / property report to owner within 48 hours
- Damage to unoccupied vehicle / property report to officer within 60
