LTA 1998 - Traffic Law Powers

Question 1

Section 114 - Stopping Vehicles and Demanding Details

Answer 1

Power to require driver to stop and give;

• Full name , address, DOB, occupation, number and whether they are the owner of the car or not.
• Name and address of the owner of the vehicle.
• An officer in uniform, or wearing a hat, cap or helmet that has a badge of authority and can stop a vehicle.
• An officer and one in plain clothes can stop a vehicle if they have flashing blue, blue or red lights or sound the siren.

Question 2

Section 113 - Enforcing transport legislation

Answer 2

Power to enforce provisions of specific Acts.
- Section 113 only applies if the person has committed an offence against any of these Acts.

DIMDFFD can help with the powers you have on the road.

• Direct a person on a road for their identity
• Inspect - test and examine the vehicle
• Move - Or authorise another person to move any vehicle
• Direct- the driver of the vehicle to move the vehicle off the road
• Forbid- unlicensed driver to drive
• Forbid- unlicensed person to operate machines
• Direct-Points duty - alcohol testing station

Question 3

Section 115 - Banning Vehicles from the road

Answer 3

Power to prohibit vehicles from being driven on the road. This may be enforced by issuing notices to the driver: POL 650 Green Sticker or POL 555 Pink Sticker.

POL 650 Green Sticker - Defective vehicle - fails to comply with regulations and rules. E.g tinted windows, defective exhaust.

POL 555 Pink Sticker - Not in a safe condition to be travelling / driven on the roads. e.g illegal modifications.

You can arrest with out a warrant under section 116, if the person does not comply with any of your directions under section 15.

Question 4

Section 121 - Taking keys and forbidding to drive

Answer 4

-Powers to take keys and forbid driving
-You have to power to forbid driving if you have reasonable grounds that any person in charge of motor vehicle;
-because of his or her physical or mental condition.
-is not complying with driving hours
FARMED - Under section 121 you execute certain powers or actions in the process of taking keys and forbidding driving.

• Forbid that person to drive for a specified time
• All keys to be surrender
• Render the vehicle immobile
• Move, or cause to be move any vehicle causing obstruction or hazard.
• EBA members must be forbidden to drive for 12 hours period.
• Direct that person to drive to a specific place rest.

You can arrest a person without a warrant under section 121(4) if the person fails to comply with any of your conditions.
-attempts to do an act forbidden by Section 121.

Question 5

Section 122 and 123 : Seizing Vehicles

Answer 5

Powers to impound a motor vehicle for period not exceeding 12 hours, if you believe on reasonable grounds that it is in interest of public safety.

Section 123: Power to seize or impound a motor vehicle for a vehicle not exceeding 7 days in order to preserve evidence
-If you believe the vehicle has been involved in a serious accident or hit and run event.

Question 6

Identify the circumstances in which Police must suspend a person’s driver license under section 95 of the LTA 1998.

Answer 6

28 day suspension of license

• breath alcohol over 650mcg per litre of breath
• blood alcohol over 130 mgm per alcohol per 100ml of blood
• The person drove 40 kph over the permanent posted speed limit
• The person drove 50kph over any speed limit other then the speed limit.

Question 7

Identify the circumstances in which Police must (or may, in relation to certain ‘boy-racer’ offences) impound vehicles under Section 96 of the Land Transport Act 1998

Answer 7

Power to seize vehicle for 28 days

• They operated the vehicle in a race or in a unnecessary exhibition of speed on a road contrary to section 22(a)(1)

Question 8

Identify the colour of stickers that are issued for different notices under Section 115 of the Land Transport Act 1998

Answer 8

POL 650 Green Sticker for defective vehicles

POL 555 Pink Sticker for unsafe vehicles