Road Policing

Question 1

Definition of ‘Inconsiderate Driving’

Answer 1

Driving that includes inattention or thoughtless actions or omissions, as well as deliberate one, which is inconsiderate to the other road users - eg. Too Slow, Not letting people pass, etc

Question 2

Definition of ‘Careless Driving’

Answer 2

Falling below the driving standards of a reasonable prudent motorist - eg. Indicating to turn off and then pulling back into the lane of traffic.

Question 3

Definition of ‘Dangerous Driving’

Answer 3

Driving in a manner or speed which was or might have been dangerous to anyone - eg. Weaving in and out of traffic at speed.

Question 4

Definition of ‘Reckless Driving’

Answer 4

Knowingly disregarding one’s duty as a driver. Deliberately running an unjustifiable risk of injury or collision - eg. Running someone off the road

Question 5

Definition of ‘Vehicle’

Answer 5

Vehicle means a contrivance equipped with wheels tracks, or revolving runner on which it moves or is moved; and includes:

A hovercraft
A skateboard
In-line Skates
Roller Skates

Not Including a pushchair, shopping trolley, wheelbarrow, push lawn-mover, rail vehicle.

Question 6

Definition of ‘Operate’

Answer 6

Operate means to drive or use the vehicle on a road, or to cause or permit the vehicle to be on a road or to be driven on a road, whether or not the person is present with the vehicle. ‘Operator’ has a corresponding meaning.

Question 7

Definition of ‘Driver’

Answer 7

Driver in relation to a vehicle includes the rider of a motorcycle or mope or bicycle and ‘drive’ has a corresponding meaning.

Question 8

Definition of ‘Road’

Answer 8

a street; and a motorway; and a beach; and a place to which the public have access, whether as of right or not; all bridges, culverts, ferries, and fords forming part of a road or street or motorway, or a place to which the public have access and all sites at which vehicles may be weighed for the purposes of this Act or any other enactment.

Question 9

Definition of ‘Motor Vehicle’

Answer 9

Motor vehicle means a vehicle drawn or propelled by mechanical power and includes a trailer, but does not include: vehicles on tracks, a defence force trailer, frailer on one wheel, a vehicle for amusement purposes, a pedestrian controlled machine, mobility device.

Question 10

Explain the offence ‘Driving while Disqualified’

Answer 10

Driving while disqualified from holding or obtaining a licence, or contrary to a limited licence, or while their driver licence is suspended or revoked.

Question 11

Explain the offence ‘ Contravening an Officer’s instruction

Answer 11

Going again an officer’s lawful instruction, eg. Removing a green or pink sticker, not remaining stopped, driving a vehicle with a pink or green sticker, etc.

Question 12

Explain the term ‘boy-racer’

Answer 12

These offences make it illegal to race, make an unnecessary exhibition of speed, or pour substances onto the road to induce loss of traction.

Question 13

Explain the ‘mobile phone use’ regulations and enforcement guideline

Answer 13

Mounted mobile phone - can be use as long as it is infrequent and brief.
Unmounted mobile phone - Cannot be used if the phone needs to be touched

Question 14

Section 113 (DIMDFFD)

Answer 14

Officer is able to DIMDFFD any person on a road who has committed an offence:

Direct - full particulars
Inspect - check vehicle
Move - or authorise another person to move any vehicle
Direct - the driver or person in charge to remove the vehicle
Forbit - An unlicensed driver to drive a motor vehicle
Forbit - a person who is operating a transport service without a licence to operate that transport service
Direct - any person using a vehicle or riding or driving an animal on the road or direct a pedestrian not to proceed

Question 15

Section 114

Answer 15

Officer may require a vehicle to stop. The officer may request Full Name, Full Address, Date of Birth, Phone Number and Occupation, Whether or not he or she is the owner of the vehicle, and if the driver is not the owner, give the name and address of the owner.
No longer than 15 minutes to establish the driver.

Can arrest if providing false details or fails to prove details

Question 16

Section 115

Answer 16

Can give a pink or green sticker

Question 17

Section 118

Answer 17

If an officer has reasonable cause to believe that the driver of a vehicle has committed an offence while in charge of a vehicle, the officer may request the owner or hirer of the vehicle to give all information which may lead to the identification and apprehension of the driver.
Must comply within 14 days

Question 18

Section 119

Answer 18

An officer may enter a premises (with force if needed) if the officer has good cause to suspect the have contravened section 114, committed reckless or dangerous driving, or recently been driving under the incluence.

Question 19

Section 121 (FARMED)

Answer 19

If a driver is not complying with driving hours or is not in a medical or physical state to drive, an officer may:

Forbit that person to driver for a specified time;
All keys to be surrendered;
Render the vehicle immobile;
Move, or cause to be moved, any vehicle causing an obstruction or hazard
EBA offenders must be forbidden to drive for a 12 hour period
Direct that person to drive to a specified place to rest if they have exceeded their driving hours

Can arrest if they fail to comply or attempt to do a forbidden act.

Question 20

Section 122

Answer 20

For public safety, may seize and impound a motor vehicle for a period not exceeding 12 hours. May be extended.

Question 21

When is a 28 day mandatory roadside suspension given?

Answer 21

Breath alcohol exceeding 650 micrograms per litre of breath; OR
Blood alcohol concentration of 130 milligrams of alcohol per 100 millilitres of blood; OR
Breath alcohol exceeding 400 micrograms per litre of breath and has a subsequent offence in last 4 years; OR
Blood alcohol concentration of 80 milligrams of alcohol per 100 millilitres of blood and has a subsequent offence in the last 4 years; OR
Failed or refused to undergo a blood test, after having been required or requested to do so under section 72 and section 73; OR
Driving a motor vehicle 40km/h over the fixed speed limit; OR
Driving a moto vehicle 50km/h over a temporary speed limit.

Question 22

When can a vehicle be impounded under section 96 LTA 1998?

Answer 22

If the officer believes on reasonable grounds that a person drove the veheicle on a road while -
The person was disqualified from holding or obtaining a driver licence for that vehicle; OR
The person’s driver licence is for the time being suspended or was revoked; OR
Operating a vehicle contrary to Alcohol Interlock licence; OR
The person was previously forbidden to drive; OR
Breath alcohol exceeding 400 micrograms of alcohol per litre of breath, OR
Blood alcohol concentration exceeds 80 milligrams of alcohol per 100 millilitres of blood; OR
Failed or refused to undergo a blood test, after having been required or requested to do so under section 72 or section 73; OR
Received 2 or more similar offences (drug or alcohol related) within the past 4 years; OR
Operated the vehicle in a race or unnecessary exhibition of speed or acceleration on the road, OR
Without reasonable excuse, operated the vehicle on a road in a manner that caused the vehicle to undergo sustained loss of traction; OR
Failing to stop for an officer

Question 23

Definition of VICTIM

Answer 23

A person again whom an offence is committed by another person; OR
A person who, through, or by means of, an offence committed by another person, suffers physical injury, or loss of, or damage to property; OR
A parent or legal guardian of a child, or of a young person who falls within (i) or (ii) - unless that parent or guardian is the person charged/convicted; OR
A member of the immediate family of a person who, as a result of an offence committed by another person, dies or is incapable, unless that family member is the person charge/convicted

For the purpose of only sections 7 and 8 includes -
A person who, through, or by means of, an offence committed by another person, suffers any form of emotional hard; AND
A parent or legal guardian of a child, or of a young person, who falls within subparagraph (i), unless that parent or guardian is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; AND
A person who has experienced domestic violence; AND
A child or young person residing with a person who falls within subparagraph (iii); AND
Despite paragraphs (a) and (b), if an offence is committed by a person, does not include another person charged (whether as a principal or party or accessory after the fact or otherwise) with the commission of, or convicted or found guilty of, or who pleads guilty to, -
(i) That offence; OR
(ii) An offence relating to the same incident or series of incidents as that crime or offence.

Question 24

Definition of IMMEDIATE FAMILY

Answer 24

(a) means a member of the victim’s family, whanau, or other culturally recognised family group, who is in a close relationship with the victim at the time of the offence; and
(b) to avoid doubt, includes a person who is—
(i) the victim’s spouse, civil union partner, or de facto partner; or
(ii) the victim’s child or step-child; or
(iii) the victim’s brother or sister or step-brother or step-sister; or
(iv) a parent or step-parent of the victim; or
(v) a grandparent of the victim

Question 25

When should the property of a victim be returned?

Answer 25

A person’s property (other than property of the offender) held for evidential purposes must be returned as soon as practicable when it is no longer required as evidence.

Question 26

State in which situations referral to Victim Support must and must not be made?

Answer 26

Police must refer, to Victim Support, all victims of crime, trauma, crash or
sudden death who need crisis, emotional or practical support, regardless of
the nature of the incident or offence type.