OF10 EBA Flashcards
what is sec 11 LTA 1998?
Sec 11
Drivers are not to exceed specified alcohol limits
When can you conduct a Breath Screening Test?
sec 68(1)(a)
- any driver on any road (random stopping)
- any person attempting to drive on any road
sec 68(1)(b) - any person you have g.c.s has recently committed an offence against LTA which includes driving a motor vehicle
sec 68(1)(c)
- a driver of a motor vehicle involved in an accident
- where the driver is unknown and you have g.c.s passengers in vehicle involved
Drink drivers will be arrested only:
- If necessary to complete breath/blood tests
- If r.g.b they risk to public safety by driving again
- If doubt about their identity
- If doubt they will be located for serving a summons
- To ensure they appear in court
Drink driving offences Drivers over 20
Sec 56 LTA 1998
Drives or attempts to drive
(1) 400+
3 months prison/$4500 disqualified 6 months
(1A) 250 - 400
fine $200 50 demerit points
Sec 58
Drives or attempts to drive
Under influence drugs/drink
3 months prison/$4500 disqualified 6 months
Drink driving offences Drivers under 20
Sec 57 LTA 1998
Drives or attempts to drive
(1) 150+
3 months prison/$2250 disqualified 3 months
(must refer to Youth Aid Services)
(1A) 0 - 150 $200 fine 50 demerit points
What is sec 68 LTA?
gives police power to use passive breath test device
when are you entitled to regard a driver as U20?
- their driver license shows that
- they produce licence showing they over 20 but you believe:
is not their own
license is invalid
the person is under 20
-the person fails to produce license and cannot satisfy you by other means they are over 20
what are the arrestable offences for EBA?
sec 59(1)(a) fails or refuses to remain
sec 59(1)(b) fails or refuses to accompany
sec 60(1)(a) fails or refuses to give blood when required enforcement officer
sec 60(1)(b) fails or refuses to give blood when requested medical officer
what sec does power of arrest come from?
sec 120 LTA 1998
