LTA 1998 Flashcards
Driver licence types issued and the associated conditions
Leaner licence - Person must be accompanied by a supervisor seated in the front passenger seat who has had their full licence for at least 2 years. - Licence must be able to produce it on demand. - Must display 2 ‘L’ plates, front and rear.
Restricted licence - When driving between 10pm & 5am person must be accompanied by a supervisor who has held their full for at least 2 years. - If carrying passengers must be accompanied by supervisor unless the passengers are their spouse or their dependants or spouses dependants. - Person must carry their licence and produce it on demand.
Time holding these licence will expire after 5 years.
Full licence - learner and restricted conditions no longer apply except that they must carry their licence with them and produce it on demand.
Inconsiderate driving
Driving that includes inattention or thoughtless actions or omissions as well as deliberate ones, which is inconsiderate to other road uses.
Eg driving at such a slow speed to hinder traffic, not pulling over to allow traffic to pass.
Careless driving
Falling below the driving standards of a reasonable prudent motorist.
Eg indicating a left turn, then changing mind and turning right immediately. Colliding with a correctly parked car while travelling.
Dangerous driving
Driving in a manner or speed which was or might have been dangerous to anyone
Eg - driver on a 2 lane road pulling out to overtake on the wrong side of the road in the face of oncoming traffic. Travelling at 80kph at 0830hrs in a 50kph area (schools)
Reckless driving
Knowingly disregarding ones duty as a driver
Deliberately running an unjustifiable risk of injury or collision.
Eg - knowingly trying to outrun patrol car at night and turns off headlights endangering public safety.
Deliberately driving through stop sign at 80/100kph knowing that they would not be able to stop if required to.
Vehicle
Means a contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved includes
- a hovercraft
- a skateboard
- in-line skates
- roller skates
All depends on the threshold (600ish watts)
Boy racing offences
Makes it illegal to race, make an unnecessary exhibition of speed or pour substances onto the road to induce loss of traction.
Section 113
DIMDFFD
Direct - a person on a road to give full details, other details of identity, info to identify the driver/person in charge of vehicle.
Inspect - Test and examine (Brakes etc)
Move - Or authorise another person to move any vehicle if the officer believe on reasonable grounds the vehicle is causing an obstruction on the road/entrance to any property.
Direct - Driver/person in charge of vehicle to remove the vehicle from the road if officer believes on reasonable grounds the vehicle is causing an obstruction on the road/entrance to any property.
Forbid - An unlicensed driver to drive a vehicle
Forbid - a person who is operating a transport service without a licence to operate (Wrong licence)
Direct - A person using a vehicle/riding an animal to proceed/stop to keep flow of traffic.
Section 114
Power to stop and demand details and arrest
An officer in uniform, wearing a cap or displaying badge or authority, may request/signal a driver to stop as soon as practicable.
OR
Officer in vehicle in plain clothing may stop a vehicle by displaying flashing lights or siren
Both can demand driver to state
Full name, full address, DOB, occupation, phone numbers (driver can be stopped for 15mins)
If they are the owner of the car or not
If not name and address of the owner or particulars that may lead to the identity of the owner.
Officer must be wearing a hat badge of authority.
Driver detained for 15 mins to get details to confirm identity.
Can arrest without warrant any person who
Fails to stop
Refuses to supply details
Supplies details that you have good cause to suspect are false or misleading.
Section 115(1)
This power allows an officer to prohibit vehicles from being driven on the road.
If you believe on reasonable grounds that a vehicles on a road fails to comply with regulations or rules (eg defective exhaust or tinted windscreen) you can give notice in writing to the owner/driver that the vehicle may not be driven on the road until new evidence of vehicle inspection has been obtained.
POL 650 Green sticker will be affixed to the windscreen.
Section 115(3)(b)
If you believe on reasonable grounds that a vehicle on a road is not in a safe condition to be driven on a road (Eg has illegal
modifications or structural rust) you can give notice in writing to forbid that vehicle to be off the road
POL 555 Pink sticker to the owner/driver that the vehicle may not be driven on a road until:
The vehicle has been inspected by an authorised vehicle inspection agent, who does not engage in repairing vehicles in the course of business
The owner/driver is given approval to operate on a road
New evidence of vehicle inspection is displayed on the road.
Section 116
You can arrest without a warrant under section 116 if the person fails to comply with any of your directions under 115.
Section 118
An officer may require the owner/hirer of any vehicle to give all information available to them which may lead to
- The identification and apprehension of the driver - if they have committed any offence against any Act while in charge of the vehicle.
- The identification and apprehension of any passenger if that passenger has committed, has aided in the commission of
- Has avoided arrest for
- Any offence against any Act.
This information must be provided within 14 days.
In regards to a fleeing driver the owner is required to give details immediately.
Section 119
Powers of entry to carry out breath alcohol testing - force if necessary.
When an officer has good cause to suspect that any person
-has failed to stop for flashing lights
And
-Has committed, or is committing an offence against reckless or dangerous driver (Sec 35(1)(a) or (b)= speed, manner of driving.
Or
-is or has been driving under the influence of alcoholic drink, drug or both
And you are freshly pursuing that person
Officer 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 the EBA procedures.
Section 121
FARMED
If officer believes on reasonable grounds that
A person who is in charge of the vehicle
- because of their physical or mental condition is incapable of having proper control of the vehicle
- has not completed a Compulsory Impairment Test in a manner satisfactory to the officer
- has failed or refused to undergo a compulsory impairment test when required to do so.
Officer can do the following FARMED
Forbid that person to drive for a specified time
All keys to be surrendered
Render the vehicle immobile
Move or cause to be moved and vehicle obstructing
EBA offenders must be forbidden to drive for 12 hours
Direct that person to drive to a specified place to rest if they have exceeded their driving hours (Trucks)
Under 121(4) you can arrest a person without warrant for
- failing to comply with your directions
- Attempting to do an act forbidden by section 121.
