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355 > RF01 Road Policing > Flashcards

RF01 Road Policing Flashcards

1
Q

What are the top four risk behaviours in regard to road safety?

A

RIDS

Restraints - seat belts, car seats
Impairment - drugs, alcohol, tiredness
Distraction - phones, eating
Speed

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2
Q

In reference to the Land Transport Act 1998, what does a “road” include?

A

Street
Motorway
Beach

A place to which the public have access, whether as of right or not

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3
Q

What offence is committed under section 31 (1) of the LTA 1998?

A

No driver license or failing to produce a license.

Driving a vehicle on the road contrary to their current license conditions.

Driving a vehicle on a road with an expired license.

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4
Q

What offence is committed under section 32 (1) of the LTA 1998?

A

Driving while disqualified from holding or obtaining a driver license

While their license is suspended or revoked.

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5
Q

What are the four main standard of driving offence classes? from least serious to most serious.

A
  1. Inconsiderate
  2. Careless
  3. Dangerous
  4. Reckless
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6
Q

What are the definitions and elements of careless and inconsiderate driving?

A

Inconsiderate - thoughtless and inattention
Careless - falls below the standard of a prudent driver

Operates
A vehicle
On a road
Carelessly
OR
Without reasonable consideration for other road users

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7
Q

What are the definitions and elements of dangerous and reckless driving?

A

Dangerous - driving in a manner or speed that might be dangerous to anyone, no mens rea

Reckless - Knowingly disregarding ones duty as a driver, deliberately running an unjustifiable risk, mens rea

Operates
A vehicle
On a road
Recklessly
OR
in a manner/speed which may be dangerous to any public/person

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8
Q

Under Section 36A engaging in unauthorised street or drag racing (Boy Racer offences), what are the three offences?

A

1 (a)
Operates a vehicle in a race
OR
in an unnecessary exhibition of speed or acceleration.

1 (b)
Without reasonable excuse, intentionally pours on or allows to spill on petrol, oil, diesel or any other substance that causes loss of traction.

1 (c)
Without reasonable excuse, operates a vehicle on a road, in a manner that causes sustained loss of traction.

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9
Q

What powers does section 114 of the LTA 1998 give an officer?

A

Stop vehicles and demand details when enforcing the LTA 1998. Cannot be used as a general stopping power for no reason or for other offences.

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10
Q

What details can you obtain and how long can you stop them to get them?

A

Drivers full name, full address, phone number, occupation, DOB

Up to 15mins

whether the driver owns the car

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11
Q

When can you arrest under section 114?

A

if the driver;

Fails to stop
Refuses to supply details
Supplies details that you have good cause to suspect are false or misleading.

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12
Q

What does section 113 of the LTA 1998 refer to?

A

General roadway related powers, not a stopping power. Used when enforcing specific road related acts.

DIMDFFD

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13
Q

What does DIMDFFD stand for?

A

Direct a person on a road to give details

Inspect, examine and test a vehicle

Move or authorise a person to move a vehicle if causing an obstruction or best interest of the public

Direct the driver or person in charge of a vehicle off the road if causing an obstruction or best interest of the public

Forbid an unlicensed driver to drive on the road
Forbid an unlicensed transport operator to operate a transport operation

Direct traffic and pedestrians when required

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14
Q

What does section 115 of the LTA 1998 refer to?

A

Banning vehicles from the road

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15
Q

How do you ban a vehicle from the road?

A

Green sticker if defective, pink sticker if unsafe.

green sticker needs a WOF, pink sticker needs an independent vehicle inspector sign off.

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16
Q

What does section 116 of the LTA 1998 refer to?

A

Arrest powers for non compliance with sections 113 and 115.

17
Q

If none of the passengers of a vehicle have committed an offence against section 113 LTA 1998, can you direct them to provide details?

A

No you cannot, you can only ask demand details of anyone in a vehicle if you have good cause to suspect they have committed an offence under section 113.

18
Q

What does section 118 of the LTA 1998 refer to?

A

Obtaining information

An officer may require and owner or hirer of a vehicle to provide information within 14 days, on driver or owner of a vehicle that will lead to identification and apprehension of a person who used the vehicle allegedly in any offence.

If the vehicle has been used to flee a police pursuit the information must be given immediately.

19
Q

What does section 119 of the LTA 1998 refer to? and what are the two main powers?

A

Entering premise and seizing vehicles

Powers of entry to carry out a breath alcohol test

To seize a vehicle without warrant

20
Q

When can an officer use section 119 to enter a structure, by force if necessary, to carry our a break alcohol test?

A

When an officer has good cause to suspect that any person;

Has failed to stop for flashing lights and siren

AND

Has committed or is committing an offence against section 35, dangerous or reckless driving

Is, or has been recently been driving under the influence of alcoholic drink or drug, or both

AND

you are freshly pursuing that person

21
Q

When can an officer seize a vehicle without warrant in regard to section 119?

A

An officer can:

without warrant, enter by force if necessary,
a building or place where vehicles are kept or stored to seize and impound the vehicle.

IF

They are freshly pursuing the vehicle
OR
If the vehicle is about to be removed, concealed, destroyed or disposed of
OR
they suspect on reasonable grounds the vehicle was used in the commission of a crime
OR
it was impractical due to the time of day or locality to obtain a warrant.

22
Q

What does section 121 of the LTA 1998 refer to?

A

Forbidding to drive and taking of keys

23
Q

What are the elements of section 121?

A

FARMED

Forbid the person to drive for a specified time

All keys to be surrendered

Render the vehicle immobile

Move or authorize someone else to move the vehicle if obstructing or hazard

EBA offenders must be forbidden to drive for at least 12 hours

Direct drivers who are tired or have exceeded their hours to a place to rest.

24
Q

If a person fails to comply with instructions from section 121 do you have power of arrest?

A

Yes

25
Q

What does Section 95 of the LTA 1998 refer to?

A

Suspending license for 28 days

26
Q

In what circumstances can you exercise section 95?

A

Breath alcohol of over 650mcg of alcohol per litre of breath

Blood alcohol over 130mgm of alcohol per 100ml of blood

Breath alcohol of over 400mcg of alcohol per litre of breath and has been convicted for any relevant offence in the last four years.

Blood alcohol of over 80mgm of alcohol per 100ml of blood and has been convicted of a relevant offence within the last four years.

The person failed or a refused a blood test under section 72 or section 73 of the LTA, at the request of a officer, authorized medical personal.

The person drive 40 kph over the permanent posted limit.

The person drove 50kph over any speed limit other than the permanent one.

27
Q

What does Section 96 of the LTA 1998 refer to?

A

Seizing and impounding vehicles for 28 days.

28
Q

In what circumstances must you exercise section 96?

A

They were disqualified from holding or obtaining a license.

They had a suspended or revoked driver license

In the case of a person who has an alcohol interlock license, the person operated the vehicle contrary to the conditions of that license.

They were not holding a licence and had been previously forbidden to drive.

They operated a vehicle in a race.

They caused the vehicle to undergo sustained loss of traction.

The person failed to stop or remained stopped under section 114.

Breath alcohol of over 400mcg of alcohol per litre of breath and has been convicted of two relevant offences in the last four years.

Blood alcohol of over 80mgm of alcohol per 100ml of blood and has been convicted of two relevant offences within the last four years.

The person failed or a refused a blood test under section 72 or section 73 of the LTA, at the request of a officer, authorized medical personal.

29
Q

How long can you suspend a licence for if someone has no demerit points left?

A

3 months

30
Q

Do you have powers of arrest if failure to comply with Section 121?

A

Yes, under Section 121 (4).

Section 116 only covers power of arr3est for sections 113 and 115.

31
Q

What does Section 122 of the LTA 1998 refer to?

A

Seizing of a vehicle for 12 hours in an emergency.

32
Q

What does section 123 of the LTA 1998 refer to?

A

Seizing of a vehicle for 10 days in relation to a certain offence.

33
Q

Does a green sticker cancel a vehicles current WOF?

A

Yes, try and put the sticker over the WOF so it rips the WOF off if it is removed.

34
Q

What are the forms involved with Section 115? and what sticker do they relate to?

A

POL555 - unsafe vehicles - pink sticker
POL650 - defective vehicles - green sticker

355 (38 decks)

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