Road Policing

Question 1

What are the Traffic Powers from section 113 - 119?

Answer 1

113 - Power to Demand details (DIMDFFD)
114 - Power to stop vehicle and demand details
115 - Power to direct a vehicle not to be driven on a road
116 - Power to arrest without warrant if you have good cause to suspect they have failed to comply with 113 or 115
118 - Power to Demand details from the registered owner or hirer
119 - Power of entry

Question 2

What are the Traffic Powers from section 121 - 123?

Answer 2

121 - Power to take keys and forbid to drive (FARMED)
122 - Power to seize vehicle for 12 hours
123 - Power to seize vehicle for up to 7 days

Question 3

What circumstances can Police seize vehicles for 12 hours?

Answer 3

Section 122: If you believe on reasonable grounds that it is in the interest of public safety

Question 4

Under what circumstances can Police seize vehicles for 7 days?

Answer 4

Section 123: If you believe on reasonable grounds that the vehicle has been in a serious traffic accident/hit and run offence or the driver failed to stop in accordance to section 114

Question 5

Under what circumstances can Police seize vehicles for 28 days?

Answer 5

Section 96: Disqualified/suspended license, failed or refused blood test and had 2 previous convictions for any relevant offence, failed to stop or remain stopped under section 114 etc

Question 6

Under what circumstances can Police suspend drivers licensed for 28 days?

Answer 6

Section 95: If in any 2 year period they have accumulated 100+ demerit points

Question 7

What are the five situations when a constable can request a breath screening test?

Answer 7

RASCK

Question 8

What are the age requirements for EBA charges?

Answer 8

Under 20 years: Zero

20+ years: 250mcg breath and 50mg blood

Question 9

What are the breath and blood levels which are infringements?

Answer 9

Under 20 years: Any alcohol in breath or blood not exceeding 150mcg or 30mg respectively
20+ years: Breath exceeding 250mcg (But not 400) and Blood exceeding 50mg (but not 80)

Question 10

What offences can someone be arrested for during the EBA procedure?

Answer 10

• Fails/refuses to accompany
• Fails/refuses to remain
• Fails/refuses to give blood when required by an Enforcement Officer
• Fails/refuses to give blood when requested by a Medical Practitioner

Question 11

When is a summons used during EBA?

Answer 11

Normally used when a person accepts the breath test reading and is not arrested

Question 12

What is the procedure for dealing with a driver who is under the influence of drink or drugs?

Answer 12

Ascertain that the driver either:

• Is under the influence of alcohol (EBA Procedure)
• Is unable to complete procedures due to gross intoxication of some some kind (Arrest under section 58 for Clinical Examination)
• Is under the influence of drugs (CIT Procedure)