Road Policing Flashcards
What is discretion and when can it be used
- Discretion may be described as the freedom to make a choice
– Discretion must be used when dealing with matters of a minor nature, which have been committed inadvertently, accidentally through ignorance, or without evil intent by law abiding citizens.
– Members shall approach all situations impartially and when in possession of all available facts, shall then decide what course of action to take (ie; caution, report or arrest)
public street def
public street means any street, road, lane, thoroughfare, footpath, bridge, or place open to or used by the public, or to which the public have or are permitted to have access, whether on payment of a fee or otherwise;
public road def
- A road is an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles.
What is a road related area
- an area that divides a road;
- a footpath or nature strip adjacent to a road;
- an area that is not a road and that is open to the public and designated 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 or parking vehicles.
What is a motor vehicle
- motor vehicle means a vehicle that is built to be propelled by a motor that forms part of the vehicle
POA road policing
- Refuse/False name or address
- Drive whilst disqualified
- Exceed prescribed breath analysis limit
- Refuse breath analysis, blood test or medical examination
- Driving under the influence of alcohol and/or drugs
Who and when can an officer forbid a person to drive
- Where a police officer is of the opinion that a person who is for the time being in charge of a motor vehicle is, by reason of his physical or mental condition, however arising, incapable of having proper control of the motor vehicle, the police officer may -
– forbid that person to drive the motor vehicle
– direct that person to deliver up to the police officer forthwith all ignition keys and other keys of the motor vehicle that are in that person’s possession; and
– take such steps as may be necessary to render the motor vehicle immobile or to remove it to a place of safety.
What can the driver request (forbid a person to drive)
- The driver may request that –
– his capacity to have proper control of the motor vehicle be determined by a police officer (in this subsection referred to as “the senior police officer”) of a higher rank than the police officer who gave the direction or imposed the prohibition, if the last-mentioned police officer is of a rank lower than inspector: or
– he be permitted to submit himself for examination by a legally-qualified medical practitioner.
What are the types of defects
- Formal warning – defect is not a safety risk but should be remedied - Formal warning (no formal sanction, fix within 14 days – NO NEED TO SEND IN FORM).
- Minor defect - further use of the vehicle on public streets after a time stated in the notice may constitute a safety risk. Minor defect (2 - 14 days)
- Major defect - use of the vehicle on public streets after a time stated in the notice would constitute an imminent and serious safety risk. Major defect (up to 24 hours).
- Major defect (prohibited)- vehicle grounded, effective immediately. Major defect (prohibited)-vehicle grounded.
How long until they need to go to hand in defect form to Service Tas
28 days
what is a WRD
Wheeled recreational device means a wheeled device, built to transport a person, propelled by human power or gravity, and ordinarily used for recreation or play, and – (a) includes rollerblades, rollerskates, a skateboard, scooter, unicycle or similar wheeled device; but
(b) does not include a golf buggy, pram, stroller or trolley, a motor-assisted device other than a motorised scooter (whether or not the motor is operating), or a bicycle, wheelchair or wheeled toy.
Where cant you use a wheeled rec device
- A person must not travel in or on a wheeled recreational device or wheeled toy on –
- a road with a dividing line or median strip; or
- a road on which the speed-limit is greater than 50 kilometres per hour; or
- a one-way road with more than one marked lane.
- on a road that is declared, under another law of this jurisdiction, to be a road on which wheeled recreational devices are prohibited; or
- on a road at night
held def
- held includes held by, or resting on, any part of the driver’s body, but does not include held in a pocket of the driver’s clothing or in a pouch worn by the driver.
When you can use a phone in a vehicle:
- In an approved manufactured holder; one touch
- Bluetooth & used via the vehicle’s mechanics
Who is NOT eligible for a caution?
- Committed more than one offence
- If they have a moving offence in the past 3 years
- If they do not admit to the offence
- At any level crash
- Alcohol or drug use
- Over 22km/h of the posted speed limit
