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SESSION 2 > PPP124 > Flashcards

PPP124 Flashcards

Traffic

1
Q

Why do police take action for traffic offences?

A

To modify unsafe driver behaviours and habits that contribute to road trauma and to lessen the emotional psychological and financial effects road trauma has on the community

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2
Q

What does road trauma include

A

number of crashes, number of injuries, number of deaths and costs to community

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3
Q

Who are the stakeholders in road safety?

A

RMS, NRMA, Stay-Safe committee, Motor Accident Authority, NSW Health, Independent Transport Safety & Reliability Regulator, Police

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4
Q

What are the 5 E’s

A

Engineering, Education, Encouragement, Enforcement, Evaluation

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5
Q

What are the major factors that contribute to motor vehicle crashes?

A

Human factors (driver error, speeding, drugs/alcohol, fatigue), Environmental factors (poor road design, road damage, weather, roadside obstacles), Vehicle factors (brake failure, tyre condition, steering or other mechanical failure)

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6
Q

Define ‘driver’

A

Any person driving a vehicle and includes any person riding a cycle and drive. (Before the court will deem a person a driver the person must have control of the steering or movement or propulsion of vehicle)

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7
Q

Define ‘motor vehicle’

A

Any vehicle that is built to be propelled by a motor that forms any part of the vehicle

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8
Q

Define ‘road’

A

An area open to and used by the public & is developed for or has as one of its main uses the riding or driving of a motor vehicles (the part of the roadway that the vehicle routinely travels on)

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9
Q

Define ‘road related area’

A

An area that divides a road, a footpath or nature strip, an area that is not a road but is open to the public and is designed for use by cyclists or animals, an area that is not a road and that is open to or used by the public for driving, riding and parking vehicles

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10
Q

What are the enforcement options

A

Caution, Infringement, FCAN (PCA, Burnouts, DQ Drivers), FSCAN, Charge by way of ; bail CAN, no-bail CAN. (note, where juvenile drivers are involved the YOA should be considered unless they are of an age where they can obtain a license)

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11
Q

S175 road transport act 2013

A

Power to demand - production of drivers license of a vehicle, name home address of any horse or vehicle

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12
Q

S177 road transport act 2013

A

Power to demand name and home address of driver of motor vehicle alleged to have committed an offence from ; registered owner, responsible person for vehicle , any other person who may have information as to the identity of the driver

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13
Q

S142 road transport act 2013

A

Power to remove danger and obstruction to traffic - on a road/road related area, a vehicle that has been involved in a collision or broken down, anything that has fallen, escaped or been removed from vehicle, any container used for transportation of material (includes building skip)

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14
Q

How many license classes in NSW are there

A 
NSW has 7 classes of drivers license
•	C
•	LR
•	MR
•	HR
•	HC
•	MC
•	R
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15
Q

What are the categories of license classes

A 
Categories of licence class
•	Learner
•	Provisional P1
•	Provisional P2
•	Unrestricted
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16
Q

What are the time period for issuing infringments

A
  • 1 calendar month to issue infringement notice to offending driver
  • 3 calendar months if it relates to an injury collision
  • 3 calendar months if awaiting the results of a blood sample
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17
Q

S76 of the Road Transport Act 2013

A

Defective Registrable Vehicles -
(1) A police officer, or the Authority, may inspect a registrable vehicle (whether or not on a road) for the purpose of deciding its identity, condition or the status (whether in this jurisdiction or another jurisdiction) of any registration or permit relating to the vehicle.

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18
Q

What are the FOUR types of defect notices

A

Formal warning (no label), Minor (no label), Major (Yellow Label), Major Grounded (Red Label)

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19
Q

What are the three reasons to stop a vehicle

A

Routine traffic stop, Manner of driving, offence committed

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20
Q

What is the police perspective and the stakeholders perspective of Engineering (part of 5 E’s)

A

Police perspective:
Identify black spots and reporting to relevant authorities
Stakeholder perspective:
Road design

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21
Q

What is the police perspective and the stakeholders perspective of Education (part of 5 E’s)

A

Police perspective:
Provide road users with knowledge & skills, prevention programs. Attend schools and provide information on road awareness and safety
Stakeholder perspective:
Media campaigns, billboards along highways

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22
Q

What is the police perspective and the stakeholders perspective of Encouragement (part of 5 E’s)

A

Police perspective:
Cautions for minor offences
Stakeholder perspective:
insurance no-claim bonuses

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23
Q

What is the police perspective and the stakeholders perspective of Enforcement (part of 5 E’s)

A

Police perspective:
Issuing TINS, CANS
Stakeholder perspective:
Safety cameras, red-light cameras

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24
Q

What is the police perspective and the stakeholders perspective of Evaluation (part of 5 E’s)

A

Police perspective:
Using COPS to identify if new strategies have been successful (if crashes/ incidents have been reduced)
Stakeholder perspective:
Trialling and monitoring of road safety initiatives and monitoring them

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25
Q

What is SEINS and what are disposal options for infringement notices

A

Self Enforcing Infringement Notice Scheme. The disposal options are to pay the amount on the infringement notice or to complete the option on the back of the infringement notice

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26
Q

How many infringement notices can be issued to a driver at one time

A

4 infringement notices at any one time. However not produce license is not counted in the total and drive unregistered motor vehicle & drive uninsured motor vehicle count as 1 offence

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27
Q

What are the time periods for issuing infringement notices

A
  • 1 month to issue to offending driver
  • 3 months to issue if relates to injury collision
  • 3 months to issue if awaiting results of a blood sample
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28
Q

when do you NOT issue infringement notices

A
  • offence outside time limits
  • Fatal collision
  • Not included in the P23D
  • Children under 14 involved
  • Actions of driver reported by complainant (not witnessed by police)
  • Offender is police on duty
  • Driver of ambo or fire truck on urgent duty committing an offence
  • serious traffic offences committed by off duty police
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29
Q

What are the guidelines on issuing parking tickets

A

only one may be issued, if multiple offences committed issue for most serious offence

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30
Q

What is the power to arrest for the purposes of a breath analysis

A

Schedule 3 Clause 4 RTA 2013 - Power to arrest for breath analysis

  • Power to arrest a person for the purpose of undergoing a breath analysis after returning a positive roadside breath test.
  • Also applies to drivers who refuse to undergo a breath test or supply an insufficient sample
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31
Q

What are the 5 parts of a defect notice

A 
Blue - original to driver to forward to RMS when cleared
Yellow - Driver keep as record
Pink - Police forward to RMS
Green - Police to keep as a record
White - Remains in defect notice book
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32
Q

What are the 4 crash questions

A
  • Was any person killed or injured
  • Did any of the drivers involved leave the scene of the collision without exchanging particulars?
  • Was any driver involved in the collision under the influence of alcohol or any other drug
  • Were any of the vehicles involved towed away
    (if any of these are YES then it is a MAJOR COLLISION. If none of these happen at a crash then it is a MINOR collision)
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33
Q

What are police priorities when attending a crash?

A
  • Attend, assess, advise
  • Attend to welfare of injured
  • Identify drivers and witnesses
  • Breath test drivers immediately
  • Preliminary point of impact
  • Ensure free flow of traffic
  • Investigate and record details
  • Adjudicate on who is at fault and deal with under such relevant legislation
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34
Q

When there is a fatal or likely to be fatal crash what is your power to arrest person for purposes of a blood an urine test

A

Schedule 3 Clause 12 RTA 2013

  • Collision must be on road or road related area
  • Fatal collision has occurred or it is likely that a person will die within 30 days as a result of the collision
  • Power to arrest for purposes of blood and urine tests
  • Sample cannot be taken 4 hours AFTER the collision
  • Power to arrest for obtaining sample expires 4 hours AFTER the collision
  • Any driver believed to be at fault at the time or any driver involved in a fatal subject to these provisions
  • Drivers are still breath tested, if result is positive police are to proceed with breath analysis and any action arising from that analysis
  • If learner driver involved being supervised by full licences driver both are breath tested and if negative BOTH arrested under this section for purpose of blood and urine samples. If positive BOTH arrested for breath analysis
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35
Q

What does Schedule 3 Part 4 (24) (8) relate to

A

Provides police power to have blood taken from an injured driver

  • Who has been involved in a fatal crash
  • Likely to be fatal collision,
  • Request for blood sample to be analysed for drugs other than alcohol
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36
Q

Under Schedule 3 clause 11 RTA 2013 what does it relate to in terms of blood samples

A

Persons injured in a crash and treated or admitted to hospital will have a compulsory blood sample taken which is automatically analysed for alcohol AND MUST HAVE REASONABLE CAUSE TO BE ANALYSED FOR A DRUG OTHER THAN ALCOHOL

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37
Q

What is Rule 287 (2) of the Road Rules

A

(2) Driver involved in a crash must supply their required particulars within the required time (as soon as possible) to:
- any other driver involved in the crash
- any other person injured in the crash
- The owner of any property damaged in the crash

38
Q

What is Rule 287 (3) of the Road Rules

A

(3) The driver MUST SUPPLY particulars to a police officer when:
- Anyone is killed or injured in a crash
- Drivers fail to exchange particulars
- Vehicles need to be towed as a result of the crash

39
Q

What is Rule 287 (4) of the Road Rules

A

The required particulars include:

  • Drivers name and address
  • Name and address of the owner of the vehicle
  • Vehicle rego details
  • Any other info necessary to identify the vehicle
  • Required time means ASAP, but in exceptional circumstances within 24 HRS after the crash
  • An explanation of the circumstances of the crash (to police)
40
Q

What 4 things must tow truck drivers produce on demand to police

A
  1. Tow authority book
  2. Tow truck drivers certificate
  3. Drivers license for class of that vehicle
  4. Towing schedule
41
Q

What 4 things must tow trucks carry

A
  1. Broom
  2. Shovel
  3. Rubbish bin
  4. Fire extinguisher
42
Q

What are the two types of breath tests conducted

A

Passive test - Talking

Direct test - Tube & form of demand

43
Q

What are the PCA ranges

A
  • Novice range P.C.A – 0.001 to 0.019
  • Special range P.C.A – 0.020 to 0.049
  • Low range P.C.A – 0.050 to 0.079
  • Middle range P.C.A – 0.080 to 0.149
  • High range P.C.A – 0.150 or higher
44
Q

When should a DIRECT TEST be conducted

A
  • When driver has been involved in motor vehicle collision
  • Smell alcohol
  • When officer suspects person has been consuming alcohol
  • When there are windy conditions in the area where test is being conducted
  • Where there are other people in the motor vehicle who have consumed alcohol – regardless of the drivers consumption or lack thereof
45
Q

Where does the power to breath test come from and WHO can we breath test

A

Schedule 3 Clause 3 RTA 2013
o Reasonable cause to believe that the person
• Is or was the driver of a motor vehicle, or
• Is or was occupying drivers seat of a motor vehicle & attempting to put it into motion, or
• Is the holder of a drivers license, and is or was seated next to learner license holder who is or was driving a motor vehicle, on a road or road related area

46
Q

What are the time constraints on breath testing

A

• 2 hours from time of incident
• 15 minutes from time of last drink
to both test and analyse the drivers breath

47
Q

When CANT we breath test

A
  • If the driver has been admitted to or treated at a hospital where a blood sample is to be taken and doctor says no
  • It appears that due to injury or illness it would be dangerous to their condition and health
  • Any time after the expiration of 2 hours after the incident / collision
  • At that persons place of abode
48
Q

What are the drinking questions

A
  • What time was your first drink
  • What time was your last drink
  • Where did you consume these drinks
  • How many drinks have you had
  • What size of drink
  • What type of drink
  • Did you eat anything while drinking
49
Q

What observations should police make after arresting a person for the purposes of a breath analysis

A
  • Breath and breathing
  • Face eyes speech
  • Actions and movements
  • Clothing
  • Attitude
  • Police may form an opinion as to the persons sobriety; slightly/moderately/well affected
50
Q

When can police suspend drivers licenses?

A

• S224 RTA 2013
o Mid range PCA
o High range PCA
o Refuse breath analysis
o Wilfully alter concentration of alcohol
o Refuse/Hinder blood sample
o Any indictable (driving) offences causing GBH
o Any indictable (driving) offences causing death

51
Q

What does PCA DUI and BAC stand for

A

PCA – Prescribed Concentration Alcohol
DUI – Driving Under Influence
BAC – Blood Alcohol Concentration

52
Q

When can we breath test

A

Collisions, manner of driving, breach of road rules or regulations, conducting RBTS

53
Q

Where does the power to conduct a sobriety test come from

A

Schedule 3 Clause 13 RTA 2013
- Driver must have been submitted to a roadside breath test in which the driver has gone negative (blown 0.000). If there is no breath test then there is no sobriety assessment

54
Q

What is the power to arrest for failing a sobriety assessment

A

Schedule 3 clause 14 RTA 2013

  • Driver is under arrest for purpose of blood and urine sample
  • Applies to drivers who refuse or fail the sobriety assessment
55
Q

What are the guidelines for DUI S112 RTA 2013

A

Applies to the three drivers

  • no time limit
  • does not stipulate road or road related area
  • evidence is dependant on your observations made noted in your note book. Form an opinion as to the persons sobriety level; slightly, moderately, well affected by drug or alcohol
56
Q

When do we use DUI

A

when we cant utilise other provisions

Positive drug sample result

57
Q

what is the definition of negligence

A

doing something that a reasonable and prudent person would not do, or,
doing something that a reasonable and prudent person would do

58
Q

what is the proofs of S117

A

Negligent driving / driving in a speed/manner dangerous to the public

  • a person must not
  • drive a motor vehicle
  • upon a road or road related area
  • negligently, or
  • at a speed or manner dangerous to the public
59
Q

what is speed dangerous

A

the speed was dangerous to the public (this must be proved. It is not necessary that the vehicle was exceeding the speed limit)

60
Q

what is manner dangerous

A

must be shown that the manner in which the vehicle was driven was dangerous to the public. Prosecution must prove a combination of offences (eg, disobey red light, speeding, not giving way, changing lanes multiple times without indicating)

61
Q

what are some considerations for manner/speed dangerous

A

the court will consider in relation to danger:

  • nature, condition and use of the street upon which the offence was committed
  • amount of traffic upon the street at the time of the offence
  • amount of traffic which might reasonably be expected to be upon the street at the time of the offence
62
Q

what is S118

A

Menacing driving

  • A person must not
  • drive a motor vehicle
  • on a road or road related area
  • 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

(this section applies regardless if the person feels menaced or not, by threat of injury or damage to property and whether or not the person or property is on a road or road related area)

63
Q

what are some examples of menacing driving under S118

A
  • tailgating extremely close to vehicle in front
  • travelling behind other vehicle flashing headlights and sounding horn
  • Speeding in front of other vehicle then causing it to break harshly
  • Driver on road points vehicle at person on private property / footpath/ road causing wheels to spin and screech so as to frighten person
64
Q

What is S51a Crimes Act 1900?

A

Predatory Driving

  • driver 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 ABH
  • Is guilty of an offence

(deals with serious incidents of road rage, no requirement for actual physical injury)
(example of this would be intentionally swerving into another car intending to hit it and cause it to go off the road and intentionally cause ABH)
NOT RESTRICTED TO DRIVING ON A ROAD

65
Q

What are the proofs of S52a Crimes Act Dangerous Driving causing death or GBH

A
  • Driver
  • Motor Vehicle
  • Involved in an impact
  • Occasioning death or GBH to another, 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)
    NOT RESTRICTED TO DRIVING ON A ROAD

(the vehicle is considered in an impact if the vehicle causes an impact between:

  • Other vehicles
  • Another vehicle and any object or person , or
  • Causes another vehicle to overturn or leave the road and prosecution proves the offenders vehicle caused the impact)
66
Q

What are circumstances of aggravated driving causing death or gbh S52a CA

A

Circumstances of aggravation

  • at time of impact
  • PCA (0.150>) present in accused’s blood
  • driving vehicle on road at more than 45 KPH over limit
  • driving vehicle to escape pursuit by police
  • ability to drive was very substantially impaired by being under influence of drug (other than alcohol) or combination of drugs
67
Q

What are some sanctionable offences

A
  • Illegal street racing
  • Aggravated burnout
  • Pursuit with police
  • Exceed speed limit 45 KPH
  • Use motor vehicle failing to comply with production notice
68
Q

What does S242 RTA relate to (in relation to sanctionable offences)

A

Number plate and vehicle confiscation production notice

  • Completed by OIC of incident
  • Issued to registered operator in person or post

(issuing a written notice requiring the offending operator to produce registration plates to police or produce motor vehicle to police)
(if plates seized return to RMS, motor vehicle gets impounded)
STATUTORY PERIOD FOR IMPOUND OF VEHICLE OR PLATES CONFISCATION IS 3 MONTHS

69
Q

What are circumstances of aggravation for S116 Aggravated burnout

A
  • Petrol, oil or flammable liquid placed on surface of road or related area beneath tyres of vehicle
  • Do or omit to do anything that prolongs or increases loss of traction
  • Conduct burnout knowing risk that operation of vehicle in that manner at that time and place is likely to interfere with amenity or peaceful enjoyment of any person or make the place unsafe for any person
  • Willingly participate in any group activity involving operation of one or more vehicles conducting burnout
  • Organise, promote or urge any person to participate in or view any group activity involving operation of vehicles conducting burnouts
  • Photographing or recording a motor vehicle conducting a burnout for purpose of organising or promoting participations of persons in any group activity
70
Q

Do police seize license plates or impound vehicles for persons committing a burnout (regular dowey round the roundabout in a WRX)

A

Na cunt you aint got shit on me walla touch my wrexy and ill smash ya head in

  • Police DO NOT seize number plates or vehicles for burnout offences that do not involve aggravation
71
Q

What are the three driving certifications in the NSWPF

A
  • Bronze
  • Silver
  • Gold
72
Q

What is the requirements for a bronze certification

A
  • C class licence
  • Satisfied police driver requirements
  • Non-sworn members hold this and only drive un-marked cars
  • Must not have any offences within previous 6 months
73
Q

What are the requirements of a silver certification

A
  • Fault-free police and civilian driving record for past 6 months
  • Supporting assessment made by FTO-DD
  • Completed the silver response course at PDT
74
Q

What are the requirements of a gold certification

A
  • 50% of time spent driving on roads
  • Fault free police and civilian record for last 5 years
  • Recommendation comes from FTO-DD
  • Re-assessment every 2 years
  • Gold certified driver has supervisory status for purpose of safe driver policy
75
Q

Can you get a reduction in a police driver certification

A
  • commanders/managers can reduce a drivers certification
  • Poor driving behaviour, skills and attitude can be grounds for removal of certification, as well as loss of demerit points from civilian license and being at fault for crash
76
Q

What is a cat 1 police vehicle

A
  • Most suitable for urgent duty and pursuits

- Fully marked police pack sedan with electronic siren and light bar

77
Q

What is a cat 2 police vehicle

A
  • Suitable for urgent duty and pursuits

- Unmarked police pack sedan with electronic siren and portable roof mounted flashing light

78
Q

What is a cat 3 police vehicle

A
  • Least suitable for urgent duty and pursuits

- 4&6 cylinder (non police pack) fitted with warning devices, solo motor cycles fitted with warning devices

79
Q

What is a cat 4 police vehilce

A
  • NOT to engage in pursuits, may be used for urgent duty in emergencies when necessary
  • caged trucks and other utilities fitted with warning devices, 4 wheel drive (under 2 Tonne) fitted with warning devices
80
Q

What is urgent duty

A

Duty which has become urgent or demanding prompt action

81
Q

What is a pursuit

A

A pursuit commences when the police driver decides to continue following a vehicle that has ignored a direction to stop

(Police must consider pursuits as a last option, RADIO must be informed of pursuit, bronze drivers NOT TO ENGAGE in pursuit, turn around and go home, not really just go the other way)

82
Q

What are the three driving certifications in the NSWPF

A
  • Bronze
  • Silver
  • Gold
83
Q

What is the requirements for a bronze certification

A
  • C class licence
  • Satisfied police driver requirements
  • Non-sworn members hold this and only drive un-marked cars
  • Must not have any offences within previous 6 months
84
Q

What are the requirements of a silver certification

A
  • Fault-free police and civilian driving record for past 6 months
  • Supporting assessment made by FTO-DD
  • Completed the silver response course at PDT
85
Q

What are the requirements of a gold certification

A
  • 50% of time spent driving on roads
  • Fault free police and civilian record for last 5 years
  • Recommendation comes from FTO-DD
  • Re-assessment every 2 years
  • Gold certified driver has supervisory status for purpose of safe driver policy
86
Q

Can you get a reduction in a police driver certification

A
  • commanders/managers can reduce a drivers certification
  • Poor driving behaviour, skills and attitude can be grounds for removal of certification, as well as loss of demerit points from civilian license and being at fault for crash
87
Q

What is a cat 1 police vehicle

A
  • Most suitable for urgent duty and pursuits

- Fully marked police pack sedan with electronic siren and light bar

88
Q

What is a cat 2 police vehicle

A
  • Suitable for urgent duty and pursuits

- Unmarked police pack sedan with electronic siren and portable roof mounted flashing light

89
Q

What is a cat 3 police vehicle

A
  • Least suitable for urgent duty and pursuits

- 4&6 cylinder (non police pack) fitted with warning devices, solo motor cycles fitted with warning devices

90
Q

What is a cat 4 police vehilce

A
  • NOT to engage in pursuits, may be used for urgent duty in emergencies when necessary
  • caged trucks and other utilities fitted with warning devices, 4 wheel drive (under 2 Tonne) fitted with warning devices
91
Q

What is urgent duty

A

Duty which has become urgent or demanding prompt action

92
Q

What is a pursuit

A

A pursuit commences when the police driver decides to continue following a vehicle that has ignored a direction to stop

(Police must consider pursuits as a last option, RADIO must be informed of pursuit, bronze drivers NOT TO ENGAGE in pursuit, turn around and go home, not really just go the other way)

SESSION 2 (6 decks)

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