Powers To Arrest- Traffic Law

Question 1

Section 113 power

Answer 1

• Direct (person to give details of driver whether driver or not)
• Inspect (vehicle or paperwork)
• Move (safe place)
• Forbid (unlicensed driver)
• Forbid (unlicensed transport service driver)
• Direct (point duty/ pedestrians)

Question 2

Section 114 powers

Answer 2

Demand driver to stop and give details

• full name, address, DOB, occupation
• if owner of car
• if not full particulars or as much info

Question 3

Section 114 police must be wearing or displaying:

Answer 3

• uniform, hat, badge, helmet displaying authorised badge
• may request or signal driver to stop
• displaying blue or red and blue flashing lights
• sounding siren

Question 4

How long can a Constable hold a person for under section 114?

Answer 4

Delay for up to 15 minutes solely for the purpose of obtaining details

Question 5

What section of the LTA would you use to demand the drivers identity from passenger in a vehicle?

Answer 5

Section 113
Under D
Direct

Question 6

Under section 114, Power to arrest if person fails to..

Answer 6

• refuses to provide details
• gives false or misleading information
• fails to stop

Question 7

Does section 113 allow you to stop vehicles?

Answer 7

No

Question 8

What 2 sections are the power of arrest under 116?

Answer 8

Section 113 (DIMFFD) & 115 banning a vehicle from road

Question 9

Section 115

Answer 9

Banning vehicles of the road

Question 10

Under section 115 what are the two powers?

Answer 10

Green sticker- notice for defective vehicles not to be driven on road
Pink sticker- notice for unsafe vehicles

Question 11

Section 121 FARMED

Answer 11

Taking keys and forbidding a driver to drive.
Forbid driver for specified time
All keys to be surrendered
Render the vehicle immobile
Move the vehicle to a safe place
EBA must be forbidden to drive for 12hrs
Direct person to drive to a safe resting place

Question 12

Reasonable grounds for using Section 121. FARMED

Answer 12

• Physical or mental condition
• Incapable of proper control
• refuses or fails impairment test

Question 13

Sections 122 & 123:

Answer 13

122- power to seize for 12 hours (interest of public safety)

123 - power to seize for up to 7 days to:

• preserve evidence
• enable scientific examination
• establish cause of serious crash

If vehicle has been involved in serious traffic accident or hit and run
Or fails to stop

Question 14

Section 118

Answer 14

Obtaining information

-may require owner or hirer to give info within 14 days

Question 15

Pursuant to section 95, you can suspend a persons licence when you believe on reasonable grounds:

Answer 15

Person drove 40k over permanent posted speed limit 
Or 
The person drove 50k over any speed limit other than the permanent one
Or
Breath >650
Blood > 130
Or 
2 prev DUI convictions

Question 16

What circumstances must Police or May impound vehicles under Section 96?

Answer 16

-Disqualified /suspended/ previously forbidden
-EBA
-boy racers eg race, unnecessary speed or acceleration
-loss of traction
Failed to stop or remain stopped under 114

Question 17

Section 119

Answer 17

Entering premises and seizing vehicles:

• Where person failed to stop &
• Has committed reckless/dangerous driving
• driving under influence of alc or drugs

AND
-freshly pursing that person

You can enter any premises to carry out EBA or seize the car

Question 18

A person has over 100 demerit points how long and in what period do you need to suspend their licence?

Answer 18

In a 2 year period and suspend for 3 months

Question 19

Section 95

Answer 19

Suspend for 28 days-
Over 40k in fixed zone
Over 50k in temp zone

Question 20

Section 96

Answer 20

Impound for 28 days
-disqualified
-suspended 
-Forbidden
96(1a) boy racer
Race/Exhibition of speed
Loss of traction