OF11 Traffic Powers

Question 1

LTA 1998 what is sec 114?

Answer 1

Stopping vehicles and demanding details

Full name
Address
DOB
Occupation
Ph number
Are they owner?
If not, who is owner

Question 2

LTA1998 what is Sec 113?

Answer 2

Enforcing transport legislation
eg LTA, Road User Charges, Local Govt

D Direct person give full details (passengers too)
I Inspect, test, examine eg brakes, tyres
M Move 0fficer can authorise anyone to move car
D Direct driver to move car obstruction/road safety
F Forbid unlicensed driver to drive
F Forbid transport service driver if no license
D Direct (eg points duty/ no lights) applies to pedestrians as well

Question 3

LTA 1998 what is Sec 115?

Answer 3

Banning cars from road

power to prohibit vehicles from being driven on road, may be enforced by issuing notices.

POL650 GREEN defective vehicles off road

POL555 PINK unsafe vehicles off road

** can place conditions on these notices

Question 4

LTA 1998 what is Sec 116?

Answer 4

Powers of Arrest Without Warrant **only s115 or s113

can arrest without warrant if person fails to comply with directions given under s115 or s113

Question 5

LTA1998 what is Sec 121?

Answer 5

Taking keys and forbidding to drive

(i) because of mental/physical condition:
- is incapable of proper control
- doesnt complete Compulsory Impairment Test satisfactorily

(ii) not complying with driving hours

F Forbid person to drive for specified time
A All keys to be surrended
R render car immobile
M move vehicle if obstruction/hazard
E EBA offenders must be forbidden for 12 hrs
D Direct person to drive to specified place to rest if exceeded driving hours

Question 6

LTA 1989 what is Sec 121(4)?

Answer 6

Power of arrest without warrant **only for s121

If under s121 person;

• fails to comply with directions
• attempts to do an act forbidden by s121

Question 7

LTA 1989 what is Sec 118?

Answer 7

Requirement to give information to identify driver/passenger (they have 14 days)

Require owner/hirer of vehicle to give all information to id driver/passesger of vehicle if they alleged to have;
- has committed offence
- aided in commission of offence
- has avoided arrest
in or through use of vehicle

OR

Owner must give details of driver immediately if been in a pursuit

Question 8

Under what sections of LTA can you arrest and when?

Answer 8

Sec 114(6) if person does not give full details or you have gcs details are false/misleading

Sec 116
only when person fails to comply with any directions given under s113 and s115

Sec121(4)
can arrest if person fails to to comply with directions under s121 egFARMED

Question 9

When can you arrest under sec 114?

Answer 9

Sec114(6)

You can arrest without warrant an person who;

• fails to stop
• refuses to supply details
• supplies details you have gcs are false or misleading

Question 10

What is Section 95 of LTA 1998?

Answer 10

SUSPEND licence for 28 days

If over 650mcg breath alcohol

If over 400mcg breath alcohol and been convicted similar offence in last 4 years

If person fails/refuses blood test during EBA

If road has permanent posted speed and vehicle going 40km over
OR
If road has temporary/variable speed limit and vehicle going 50km over

Question 11

What is Sec 96(1) LTA 1998?

(96(1A)) separate question

Answer 11

IMPOUND car 28 for days if Licence status is:

(1) (a) Disqualified
(1) (b) Suspended
(1) (c) They don’t have a license and previously been forbidden

They over 400mcg breath alcohol and have 2 convictions similar last four years

They have failed/refused blood test and have had 2 previous convictions last 4 years

Question 12

What is Sec 96(1A) LTA 1998?

Answer 12

Boy Racer

Can impound car for 28 days if:

Race or unnecessary speed
Sustained loss of traction

Question 13

What is Sec 90?

Answer 13

if have more than 100 demerit points in 2 years loss of license for 3 months

Question 14

What is Sec 123?

Answer 14

Can impound vehicle for 7 days to:
(1) preserve evidence/enable scientific examination,
establish the cause of a serious crash

(1) (a) vehicle been involved in serious traffic incident or hit and run
(1) (b) the driver has failed to stop or remain stopped under sec114

Question 15

What is sec 119?

Answer 15

119(1)&(2) Power of Entry
FTS + reckless/dangerous driving
OR
Under the influence
** must be freshly pursuing

119(3) Seize Vehicle Without Warrant
Freshly pursuing, Fear of CADD, Vehicle about to used in crime, impracticable to get warrant (tod/location)

119(5)&(6) Seize Vehicle With Warrant
If warrant issued

Question 16

What are a drivers responsibilities if in a crash?

Answer 16

STOP ASCERTAIN RENDER
vehicle injury assistance

INJURY report ASAP (or wihin 24hrs)
nearest station or officer

DAMAGE within 48hrs to find owner
60hrs police

Question 17

What are categories of driving offences - behaviours?

Answer 17

INCONSIDERATE
inattention
inconsiderate

CARELESS
Below driving standards

DANGEROUS
Manner
Speed

RECKLESS
Knowingly
Deliberately