MODULE 11 Flashcards
What is the most important Information from a caller reporting a crash?
- 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.)
Road Rules 2014 (NSW), Rule 287 follow a certain criteria to determine minor and major crashes. What 3 factors determine these?
- Was any person killed or injured?
- Did any of the drivers leave the scene without providing their details (in accordance with Road Rules 2014 (NSW), Rule 287)?
- 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.
priorities when attending and investigating a crash:
- 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
What are the first initial piece of information do you need for a crash in relation to notebook entries?
- Date, place, time of the crash – TOC
* Time of arrival at crash – TOA
Vehicle 1, should be the person at fault. What information do you need for vehicle 1?
• 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.
Driver 1 details (Driver 1 should be the driver at fault), entail what?
• 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).
Driver 1 crash explanation Explanation should have what in it?
- 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?”)
What must a driver do In accordance with Road Rule 2014 (NSW), Rule 287?
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.
Referring to Section 139(5)(a) of the Evidence Act 1995 (NSW), a police officer has the power to do what?
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.
Why should Signature of Driver 1 be added at the end of Driver 1’s notebook entry?
• 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.
Driver 2 should not be what?
The offending driver. Take particulars as you would driver 1.
What are the statute of limitations for traffic matters?
Complete within 6 months.
Remember, there are three basic components in every motor vehicle crash. (ELEMENTS).
- The driver/s: Information from a driver should always include licence details and their explanation of how the crash occurred.
- 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.
- The road environment/conditions: it will suffice to record the name of the road and at what point the impact occurred,
What does ROAD TRANSPORT ACT Section 108 entail?
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.
What is the most crucial thing to know about ROAD TRANSPORT ACT Section 109.
(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
What section can you find all the offences for PAC?
ROAD TRANSPORT ACT Section 110
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)
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.
148I Detention of keys or vehicles may be continued
(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.
What Act is DUI (Driving under the influence) offence under?
Road Transport Act 2013 (NSW), Section 112
What does a prescribed alcohol content Act under?
Road Transport Act 2013 (NSW), Section 110)
form of demand for Random Breath test:
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.
Who can we breath test under Road Transport Act 2013 No 18 Schedule 3 Part 2 Division 3?
- 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
When will we breath test?
- Random Breath Testing (mobile or stationary)
- Collisions
- Manner of driving
- Breach of road rules (traffic offence)
When can’t we breath test under Road Transport Act 2013 No 18, Schedule 3, Part 2, Division 1, Section 2?
- 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.
