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MODULES 10-13 > MODULE 11 > Flashcards

MODULE 11 Flashcards

1
Q

What is the most important Information from a caller reporting a crash?

A
  • Location of the crash
  • Injuries/persons trapped
  • How many vehicles involved
  • Time of crash
  • Particulars of the caller (at least name and contact details)

You need to prioritise the first three items, because it is necessary information with which to consider instigating immediate action of either/or organising for a car crew to attend, as well as any other service as required (for example, Ambulance, Fire and Rescue, Roads and Maritime, Power and Water, SES, etc.)

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2
Q

Road Rules 2014 (NSW), Rule 287 follow a certain criteria to determine minor and major crashes. What 3 factors determine these?

A
  1. Was any person killed or injured?
  2. Did any of the drivers leave the scene without providing their details (in accordance with Road Rules 2014 (NSW), Rule 287)?
  3. Was any driver involved under the influence of alcohol or other drugs?

If yes to any, it is a major, since investigation is needed. If No to all its a minor.

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3
Q

priorities when attending and investigating a crash:

A
  • Attend, assess, advise
  • Attend to the welfare of injured
  • Identify drivers and witnesses
  • Breath test drivers where possible
  • Preliminary point of impact
  • Ensure the free flow of traffic
  • Investigate and record details
  • Adjudicate on who is at fault & deal with such under relevant legislation
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4
Q

What are the first initial piece of information do you need for a crash in relation to notebook entries?

A
  • Date, place, time of the crash – TOC

* Time of arrival at crash – TOA

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5
Q

Vehicle 1, should be the person at fault. What information do you need for vehicle 1?

A

• That is Reg. No., make, model, colour, and extent of damage (upon attending a crash and after providing a situation report (sitrep) of the crash, police are usually able, from visual observations and any comments initially made by parties involved in the crash, to determine the vehicle most likely to be at fault, and that is the vehicle (and driver) with which to commence recording details – the normal convention is to classify the vehicle you believe to be at fault as Vehicle 1.

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6
Q

Driver 1 details (Driver 1 should be the driver at fault), entail what?

A

• Being the driver of Vehicle 1 (the details required here include licence details to be copied directly from their driver’s licence – that is, name, address, licence no., class, etc. You will also need to ask Driver 1 relevant questions for the subsequent COPS entry – for example, how many years driving experience, was seat belt worn, and were vehicle lights turned on – suggest that students refer to a COPS entry completed for a traffic crash to see a full list of required information. Remember to always include a phone number, as that makes it easy to contact drivers as and when needed at a later stage).

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7
Q

Driver 1 crash explanation Explanation should have what in it?

A
  • Every crash investigation should begin with the question, “Were you the driver of this vehicle, registration number …, when it was involved in a crash on … Street/Road at … time today?”
  • The investigation should then move to include the driver’s explanation, (that is, “Can you tell me what happened?”)
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8
Q

What must a driver do In accordance with Road Rule 2014 (NSW), Rule 287?

A

the driver is required to provide a verbal explanation of the circumstances surrounding the crash, and the explanation provided should be recorded in the driver’s exact words. There is no need to caution prior to this explanation because providing the explanation is a legal requirement that must be complied with.

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9
Q

Referring to Section 139(5)(a) of the Evidence Act 1995 (NSW), a police officer has the power to do what?

A

the police officer believes ‘that there is sufficient evidence to establish that the person has committed an offence that is the subject of the questioning.’
ANY OTHER QUESTIONS TO CLARIFY OTHER THAN THE FIRST TWO QUESTIONS MUST CAUTION.

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10
Q

Why should Signature of Driver 1 be added at the end of Driver 1’s notebook entry?

A

• The explanation, any further caution, and questions and answers should either be read back to Driver 1, or Driver 1 be allowed to read such detail and then, as a matter of fairness in terms of the recorded information, Driver 1 should be asked/provided with the opportunity to sign the notebook entry as a true and accurate record of what they have said/provided.

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11
Q

Driver 2 should not be what?

A

The offending driver. Take particulars as you would driver 1.

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12
Q

What are the statute of limitations for traffic matters?

A

Complete within 6 months.

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13
Q

Remember, there are three basic components in every motor vehicle crash. (ELEMENTS).

A
  1. The driver/s: Information from a driver should always include licence details and their explanation of how the crash occurred.
  2. The vehicles/s: may simply require a description of the car (that is, make, model & colour), as well as the registration number and a description of the damage.
  3. The road environment/conditions: it will suffice to record the name of the road and at what point the impact occurred,
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14
Q

What does ROAD TRANSPORT ACT Section 108 entail?

A

The different concentrations of alcohol content:

novice range prescribed concentration of alcohol - zero grams, but less than 0.02 grams, of alcohol in 210 litres of breath or 100 millilitres of blood.

special range prescribed concentration of alcohol - 0.02 grams or more, but less than 0.05 grams, of alcohol in 210 litres of breath or 100 millilitres of blood.

low range prescribed concentration of alcohol - 0.05 grams or more, but less than 0.08 grams, of alcohol in 210 litres of breath or 100 millilitres of blood.

middle range prescribed concentration of alcohol - means a concentration of 0.08 grams or more, but less than 0.15 grams, of alcohol in 210 litres of breath or 100 millilitres of blood.

high range prescribed concentration of alcohol - concentration of 0.15 grams or more of alcohol in 210 litres of breath or 100 millilitres of blood.

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15
Q

What is the most crucial thing to know about ROAD TRANSPORT ACT Section 109.

A

(a) in the case of a sample of breath that is measured by a breath analysing instrument or other breath testing device that provides a reading or result by reference to alcohol present in the breath—the amount of alcohol in grams in 210 LITRES OF BREATH
(b) in the case of a sample of breath that is measured by a breath analysing instrument or other breath testing device that provides a reading or result by reference to alcohol present in the blood—the amount of alcohol in grams in 100 MILLIMETRES OF BLOOD

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16
Q

What section can you find all the offences for PAC?

A

ROAD TRANSPORT ACT Section 110

17
Q

What Act and Section prohibits the suspected driver of a motor vehicle to continue driving and have to immediately hand over the keys to the vehicle to the police officer who is/believed to be under the influence of drugs or alcohol? (IMPORTANT)

A

ROAD TRANSPORT ACT 148E

(1) If a police officer is of the opinion that a person who is driving (or about to drive) a motor vehicle is under the influence of alcohol or any other drug, or a combination of drugs, the police officer may—
(a) prohibit the person from driving the vehicle while the person is under the influence of alcohol or that other drug or a combination of drugs, and
(b) require the person to immediately hand over all ignition or other keys of the motor vehicle in the person’s actual possession—
(i) to the police officer, or
(ii) to another person in the company of the person who the police officer is satisfied is responsible and capable of exercising proper control of the motor vehicle, and
(c) take such other steps as, in the opinion of the police officer, are necessary in order—
(i) to immobilise the motor vehicle, or
(ii) to remove the motor vehicle to a place of safety and detain it at that place.

18
Q

148I Detention of keys or vehicles may be continued

A

(1) It is lawful for a police officer to retain any keys that are confiscated under section 148E or 148G, or for any motor vehicle to be immobilised or detained under either of those sections, until such time as—
(a) the return of the keys or the motor vehicle is requested by—
(i) in relation to a power exercised by a police officer under section 148E—any person, or
(ii) in relation to a power exercised by a police officer under section 148G—any person (other than the person referred to in section 148G(1)), and
(b) the police officer to whom the request is made—
(i) is satisfied that the person making the request is capable of exercising proper control of the motor vehicle, or
(ii) is informed by a medical practitioner (not being the person making the request) that the person making the request is not under the influence of alcohol or any other drug.

19
Q

What Act is DUI (Driving under the influence) offence under?

A

Road Transport Act 2013 (NSW), Section 112

20
Q

What does a prescribed alcohol content Act under?

A

Road Transport Act 2013 (NSW), Section 110)

21
Q

form of demand for Random Breath test:

A

My name is …. from …..You have been stopped for the purpose of a breath test. In accordance with the Road Transport Act, I require you to undergo a breath test for the purpose of indicating the concentration of alcohol present in your blood and I direct you to exhale air from your lungs in one continuous breath, directly into this approved device until I direct you to stop.

22
Q

Who can we breath test under Road Transport Act 2013 No 18 Schedule 3 Part 2 Division 3?

A
  • Is or was the driver of a motor vehicle, or
  • Is or was occupying the driver’s seat of a motor vehicle and attempting to put it in motion, or
  • Is the holder of a driver’s licence and is or was seated next to a learning licence holder who is or was driving a motor vehicle, on a road or road-related area
23
Q

When will we breath test?

A
  • Random Breath Testing (mobile or stationary)
  • Collisions
  • Manner of driving
  • Breach of road rules (traffic offence)
24
Q

When can’t we breath test under Road Transport Act 2013 No 18, Schedule 3, Part 2, Division 1, Section 2?

A
  • If the driver has been admitted to or treated at a hospital where a blood sample is/has been taken and the doctor says ‘no’
  • If it appears that, due to injury or illness, it would be dangerous to their condition/health
  • Any time after the expiration of 2 hours after the incident/collision which brought the driver under notice
  • At that person’s place of abode. Some examples of these circumstances are listed below;
  • If the driver of the vehicle is within their driveway or curtilage of their home which would be generally considered past their letterbox.
  • If they reside in an apartment complex and have parked their vehicle in the common car spaces of their apartment building.
  • If they have registered to stay at a motel or hotel for the night and have parked within the car spaces for that hotel or motel.
25
Q

What is the difference between an Passive and Standard Test?

A

Passive Test
The passive test is where the tube is NOT attached to the instrument and the driver DOES NOT blow directly into the instrument.
• Generally the initial test at an RBT (Stationary or Mobile)
• It is only an indication of the presence of alcohol (Not the concentration)
• If the result indicates the presence of alcohol - police must conduct a standard test to confirm concentration level (i.e. you cannot arrest for a positive passive test)
• Allows for the rapid processing of motorists ensuring minimal disruption to the flow of traffic

Standard Test
A standard test should be conducted:
• After a positive passive test
• When police suspect that the driver HAS been consuming alcohol
• When the driver admits to consuming alcohol
• When there are windy conditions in the area the test is being conducted
• When there are other people in the motor vehicle who have consumed alcohol (strong smell of alcohol in the vehicle) - regardless of the driver’s consumption or lack thereof; or
• When the driver has been involved in a motor vehicle collision
• If alcohol reading is detected that falls within the PCA ranges you must arrest for the purposes of a breath analysis.
• A standard test (tube attached) MUST be performed BEFORE police submit a driver to a sobriety assessment (relates to DUI offences - covered in lesson 11.5).

26
Q

Questions after arrest and caution? (Important)

A
  • What time was your first drink?
  • What time was your last drink?
  • How many drinks have you had?
  • What size were your drinks?
  • What type of drinks?
  • Where did you drink?
  • Did you eat anything while drinking?
27
Q

Observation after arrest or intoxicated persons?

A

The following observations are recorded by the BAS operator. However, the OIC should also record their observations in their official police notebook.

  • Breath & breathing
  • Face
  • Eyes
  • Speech
  • Actions/movements
  • Clothing
  • Attitude
28
Q

What is the breath analysis time constraint?

A

• any breath test and/or breath analysis MUST be completed within 2 hours from the time of the incident which brought the driver under notice

29
Q

Power of arrest for the purpose of a Breath Analysis? (IMPORTANT)

A

• This is the power to arrest a driver who has indicated a positive result from a roadside standard breath test.
• This also applies to the driver who refuses to undergo a breath test or who fails to supply a sufficient sample of their breath.
Source: Road Transport Act 2013 Schedule 3 Part 2 Division 2 Section 4

30
Q

When we can suspend licences for a positive breath analysis reading? (IMPORTANT TOO)

A

• Novice Range PCA
• Special Range PCA
• Low Range PCA
• Mid-Range PCA
• High Range PCA
• Refuse Breath Analysis
• Wilfully Alter Concentration of Alcohol
• Refuse/hinder blood sample (crash patients)
• Any indictable (driving ) offence causing GBH
• Any indictable (driving) offence causing death
Source: Road Transport Act 2013 No 18 Sect 224

31
Q

A person admitted or treated at a hospital after an accident – Road Transport Act 2013 (NSW), Schedule 3, Clause 11

A

This section compels medical practitioners to take blood from:
• The driver of a motor vehicle;
• A person occupying the driver’s seat and attempting to put the motor vehicle into motion;
• The holder of driver’s licence and seated next to a learner licence holder driving a motor vehicle;
• A pedestrian;
• Rider of a horse;
• The driver of a vehicle other than a motor vehicle.

32
Q

Road Transport Act 2013 (NSW), Schedule 3, Clause 12 Compels police officers to do what?

A

you DO NOT require a reasonable cause to suspect that a driver may be under the influence of a drug other than alcohol. Do not need to have reasonable cause to make such a request. The seriousness of the crash is sufficient grounds to warrant the testing for other drugs.

33
Q

Road Transport Act 117 is what offence? and what are the elements? (IMPORTANT)

A

FOR: Negligent, furious or reckless driving!
A person must not:
• Driver
* motor vehicle
• Upon a road or road related area
• NEGLIGENTLY, or
• At a SPEED or in a MANNER DANGEROUS TO THE PUBLIC

34
Q

Road Transport Act 118 is what offence? and what are the elements? (IMPORTANT)

A

FOR: Menacing driving!
A person must not:
• driver & motor vehicle
• on a road
• in a MANNER THAT MENACES another person,
AND
• INTENDS to menace that other person, OR
• OUGHT TO HAVE KNOWN that the other person might be menaced

35
Q

Examples of menacing driving?

A

• Tailgating extremely close to the vehicle in front
• Travelling behind another vehicle and flashing headlights and sounding the horn
• Speeding in front of another vehicle and then braking harshly
• Driver on road points his vehicle at a person on private property / footpath /
road, causing the wheels to spin and screech so as to frighten the other person

36
Q

SECTION 51A, CRIMES Act 1900 is what offence? and what are the elements? (IMPORTANT)

A

PREDATORY DRIVING
The driver of a vehicle who:
• While in pursuit of or travelling near another vehicle,
• Engages in conduct that causes or threatens an impact involving the other
vehicle; and
• Intends to cause a person in the other vehicle actual bodily harm,
• Is guilty of an offence

IMPACT INVOLVING A VEHICLE INCLUDES:
• An impact with any other vehicle or with a person or object, OR
• The vehicle overturning or leaving the road

37
Q

SECTION 52A, CRIMES Act 1900 is what offence? and what are the elements? (IMPORTANT)

A

DANGEROUS DRIVING CAUSING DEATH OR GBH PROOFS
• Driver
• Vehicle
• Involved in an impact
• Occasioning death or grievous bodily harm
AND AT THE TIME OF THE IMPACT, was driving;
• Under the influence of intoxicating liquor or drug, OR
• At a speed dangerous to another person(s), OR
• In a manner dangerous to another person(s)
THIS OFFENCE IS NOT RESTRICTED TO DRIVING ON A ROAD
1. the vehicle causes an impact between:
- other vehicles, or
- another vehicle and any object or person, OR 2. causes another vehicle to overturn or leave the road,
AND
The prosecution proves the offender’s vehicle caused the impact.

38
Q

For SECTION 52A, CRIMES Act 40/1900
AGGRAVATED DANGEROUS DRIVING CAUSING DEATH OR GBH, what is the difference between Dangerous driving causing death or GBH proofs and Aggravated?

A

CIRCUMSTANCES OF AGGRAVATION
At the time of the impact:
• The prescribed concentration of alcohol ( > 0.150) was present in the accused’s blood, OR
• The accused was driving on a road at more than 45kph over the applicable speed limit, OR
• The accused was driving the vehicle to escape pursuit by a police officer, OR
• The accused’s ability to drive was very substantially impaired by being under the influence of a drug (other than intoxicating liquor) or a combination of
drugs.

MODULES 10-13 (9 decks)

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