Road Policing Flashcards

1
Q

Driving offences definitions

Inconsiderate
Careless
Dangerous
Reckless

A

Inconsiderate- inattention or thoughtless actions

Careless - falling below the standards of a reasonable prudent motorist

Dangerous- driving in a manner or speed which might have been dangerous

Reckless- Deliberately running an unjustifiable risk

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2
Q

S114 LTA

A

Power to STOP and Demand details

  • name, dob, address, occupation and phone no
    -whether they are RO
  • name and address of RO
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3
Q

114 requirements

A
  • be in uniform or wearing cap displaying badge of authority

Or

  • plain clothes officer stop vehicle displaying flashing blue, or blue and red lights or sounding a siren

(Duty to be in uniform - plain clothes officer cannot signal car to stop if out of vehicle)

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4
Q

How long remain stopped for purpose of establishing identity

A

15 minutes

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5
Q

How long remain stopped for purpose of establishing identity

A

15 minutes

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6
Q

What is 114(6)?

A

Power of arrest under 114

  • If fails to stop
  • refuses to supply details
  • supplies details you have good cause to suspect are false or misleading
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7
Q

When can section 114 be used?

A

Only if enforcing LTA

(Cannot be used as a general stopping power)

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8
Q

S113 - LTA

DIMDOD

A

DIRECT any person to give particulars if committed an offence under specified acts
INSPECT- test examine vehicle
MOVE - or cause to be moved any vehicle causing obstruction or hazard
DIRECT - person in charge of the vehicle to move it
ORDER - forbid an unlicensed driver not to drive
DIRECT - traffic and passengers

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9
Q

116 - LTA power of arrest

A

If person fails to carry out action under 113 or 115

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10
Q

Does 113 allow you to stop a vehicle?

A

No you can only stop a vehicle using section 114

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11
Q

S115 Pink and Green

A

Pink - unsafe

Green- defective

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12
Q

121 - Power to take keys and Forbid

When

A
  • Incapable of having proper control due to physical/mental condition
  • he not completed CIT
  • fails or refuses CIT
  • fails or refuses blood specimen
  • is not complying with driving hours
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13
Q

121- FARMED

A

Forbid
All keys to be surrendered
Render the vehicle immobile
Move or cause vehicle to be moved
EBA - forbid for 12 hours
DIRECT- that person to a specific place to rest

You can arrest a person without a warrant for failing to comply with your directions under 121

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14
Q

S118

A

Officer may require the owner or hirer of any vehicle to give within 14 days all information if vehicle involved in offence

FTS - owner to give all information to you immediately that would lead to apprehension of driver

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15
Q

Section 95 - 28 day suspension

A
  • EBA breath over 650
  • EBA blood over 130
  • Over 400breath or 80 blood and convicted of relevant offence in last 4 years
  • high risk drug
  • failed or refused blood test
  • drove 40k over speed limit (permenant) or 50k temporary
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16
Q

Section 96 - seize and impound for 28days

A
  • disqualified
    -suspended
  • forbidden
  • racing or sustained loss of traction
  • reckless
  • cause bodily injury or death while driving carelessly
    -over 400/80 and 2 x convictions in past 4 years
17
Q

Fail to stop impound

A

You may impound for 6 months

If RO fails to comply with 118 you may impound for 28days if necessary to prevent a serious threat to road safety

18
Q

Section 122 - seize vehicle 12 hours

A

RGTB that it is in the interest of public safety

Seize and impound motor vehicle for up to 12 hours

(Can be extended for a further 12 hours)

Last resort

19
Q

Section 123 -Power to seize vehicle for up to 10 days

A

In order to

Preserve evidence
Enable scientific examination
Establish cause of accident

RGTB has been involved in a serious traffic accident or hit and run

FTS section 114

20
Q

Section 119 - powers of entry

A

Power to enter to carry out EBA

When enforcement officer has good cause to suspect that any person has

FTS
and
Drove dangerously/ recklessly or under the influence

And you are freshly pursuing that person

21
Q

UDD - overarching principle

A

Public and police safety takes precedence over the necessity to undertake UDD

22
Q

119 obligations

A

Reason
Act
Intention to enter
Name