Road Policing & Driver Training Flashcards
Risk Behaviours
the top four are:
- Restraints
- Impairment
- Distractions
- Speed
Land Transport Act 1998
Transport Law definitions
Driver
in relation to a vehicle, includes the rider of a motorcycle, moped, bicycle; and ‘drive’ has a corresponding meaning
Land Transport Act 1998
Transport Law definitions
Motor Vehicle
a vehicle drawn or propelled by mechanical power, includes a trailer but does not include:
* vehicle running on rails
* a trailer designed and used by NZDF
* trailer with one wheel as a speed measuring device
* vehicle designed for amusement purposes and used exclusively within place of recreation, amusement or entertainment
* a pedestrian-controlled machine
* a vehicle the Director has declared under s168A of the LTA 1998 is not a motor vehicle
* a mobility device
Land Transport Act 1998
Transport Law definitions
Operate
in relation to a vehicle, this means to drive or use the vehicle on the 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; and ‘operator’ has a corresponding meaning
Land Transport Act 1998
Transport Law definitions
Road
includes:
* a street
* a motorway
* a beach
* 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 referred to in the previous points
* all sites which vehicles may be weighed for the purposes of this Act or any other enactment
Land Transport Act 1998
Transport Law definitions
Vehicle
means a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved; and includes:
* a hovercraft
* a skateboard
* in-line skates
* roller skates
does not include:
* a perambulator or pushchair
* shopping or sporting trundler not propelled by mechanical power
* a wheelbarrow or hand trolley
* pedestrian-controlled lawn mower
* pedestrian-controlled agricultural machine not propelled by mechanical power
* article of furniture
* wheelchair not propelled by mechanical power
* any other contrivance specified by the rules not to be a vehicle for the purposes of this definition
* any rail vehicle
Land Transport Act 1998
Licences
types of driver licences
- Learner (blue)
- Restricted (yellow)
- Full (green)
Land Transport Act 1998
Licences
Learner
- must be accompanied by a supervisor in the front passenger seat who has held full licence for at least two years
- display two ‘L’ plates on vehicle
Land Transport Act 1998
Licences
Restricted
- when driving between 10pm - 5am person must be accompanied by a supervisor in the front passenger seat who has held full licence for at least two years
- if carrying passengers, must be accompanied by a supervisor, unless passengers are their spouse, partner, guardian or dependant
Land Transport Act 1998
Licences
time limit for holding Learner & Restricted licences
expire after 10 years, they can be renewed at any point in that 10 year span
Land Transport Act 1998
Licences
Limited Licence
driver subject to special conditions
* pink in colour
three different types:
* Limited licence: no classes shown, conditions require driver to carry court order at all times
* Alcohol Interlock licence: allows drivers to only drive vehicles which are fitted with an alcohol interlock device
* Zero Alcohol licence: the driver must maintain a zero-alcohol limit when driving
Land Transport Act 1998
Driver Licence offences
Section 31
- Failing to comply with learner/restricted conditions
or - no driver licence or failing to produce a licence
Land Transport Act 1998
Driver Licence offences
Section 30
a driver licence must be returned to the Director under this section if the holder:
- has their licence suspended or revoked
- is disqualified from holding or obtaining a driver licence
- has their licence superseded by another licence (new licence issued)
Land Transport Act 1998
Driver Licence offences
Section 32
Driving while disqualified
Land Transport Act 1998
Major driving offences
4 classes of driving standards from least to most serious
- inconsiderate driving
- careless driving
- dangerous
- reckless driving
Land Transport Act 1998
Major driving offences
“Anti-Social Road Users”
these offences make it illegal to…
- race
- make an unnecessary exhibition of speed
- pour substances onto the road to induce loss of traction
Land Transport Act 1998
Major driving offences
Section 37
Inconsiderate or Careless use
- Operates
- a Vehicle
- on a Road
- Carelessly
OR - Without Reasonable Consideration for Other Road Users
Land Transport Act 1998
Driver Licence offences
- s30 - returning driver licences
- s31 - failing to comply with learner/restricted licence conditions or no driver licence or failing to produce a licence
- s32 - driving while disqualified
Land Transport Act 1998
Major driving offences
Section 35
Reckless or Dangerous Driving
* Operates
* a Motor Vehicle
* on a Road
* Recklessly
OR
* in a Manner/Speed which may be dangerous to any public/any person
Land Transport Act 1998
Major driving offences
Section 37
arrest power?
there is no power of arrest for this offence
Land Transport Act 1998
Major driving offences
Section 35
arrest power?
power of arrest comes from s315 Crimes Act 1961
Land Transport Act 1998
Major driving offences
Inconsiderate explanation:
driving that includes:
* inattention
* thoughtless actions or omissions
* deliberate actions
which is inconsiderate to the other road users
e.g. slow speed hindering traffic
Land Transport Act 1998
Major driving offences
Careless explanation:
Falling below the driving standards of a reasonable prudent motorist
e.g. indicating L then changing mind & turning R into oncoming traffic
Land Transport Act 1998
Major driving offences
Dangerous explanation:
driving in a manner or speed which was or might have been dangerous to anyone
Land Transport Act 1998
Major driving offences
Reckless explanation:
- Knowingly disregarding one’s duty as a driver
- Deliberately running an unjustifiable risk of injury or collision
e.g. going 80-100kph through a STOP sign
Land Transport Act 1998
Major driving offences
How is ‘Reckless’ driving different to ‘Dangerous’?
Reckless requires an element of intent (mens rea) that is absent in dangerous driving
Land Transport Act 1998
Anti-Social Road Users offences
Section 22A (1)(a)
Engaging in unauthorised street or drag racing
* a person commits an offence if the person
* operates a vehicle
* in a race
OR
* in an unnecessary exhibition of speed or acceleration
* on a road in contravention of section 22A(1)
Land Transport Act 1998
Anti-Social Road Users offences
Section 22A (1)(b)
Engaging in unauthorised street or drag racing
* without reasonable excuse
* intentionally pours on to
OR
* places on
OR
* allows to spill onto
* a road
* any petrol, oil or diesel fuel
OR
* any other substance that causes loss of traction
Land Transport Act 1998
Anti-Social Road Users offences
Section 22A (1)(c)
Engaging in unauthorised street or drag racing
* without reasonable excuse
* operates a vehicle on a road
* in a manner that causes sustained loss of traction
Land Transport Act 1998
Anti-Social Road Users offences
Section 22A
arrest powers for:
* 22A (1)(a)
* 22A (1)(c)
s315 of Crimes Act 1961
Land Transport Act 1998
Traffic Law Powers
Section 114
Stopping vehicles and demanding details
You can demand that the driver state:
* their full name
* full address
* email address
* DOB
* occupation
* phone number
* whether they are the registered owner (the name & address of the registered owner of the vehicle)
NADPOO
Land Transport Act 1998
Traffic Law Powers
Section 114
Fail to stop: power to seize and impound vehicle for 6 months:
you may impound a vehicle for 6 months for failing to stop or remain stopped when requested, required, or signalled to do so under this section
Police have discretion about whether or not to impound a vehicle for a fail to stop event
Land Transport Act 1998
Traffic Law Powers
Section 114
Keeping the driver stopped
the driver must remained stopped for as long as is reasonably necessary for you to:
* obtain particulars, or
* exercise any other power conferred under this Act
If you stop the driver solely for the purpose of establishing their identity, you can delay them for up to 15 minutes for this purpose.
Land Transport Act 1998
Traffic Law Powers
Section 114
power of arrest
You can arrest using s114(6) any person who:
* fails to stop
* refuses to supply details
* supplies details that you have good cause to suspect are false or misleading
a driver who fails to comply with anything you have lawfully required of them under the Act can be charged under s52.
Land Transport Act 1998
Traffic Law Powers
Section 114
when to use?
this section can be used to stop vehicles only if you are enforcing the LTA 1998 or other traffic-related Act or regulations.
It cannot be used as a general-stopping power, for example to speak to a driver acting suspiciously.
Land Transport Act 1998
General roadway-related powers
Section 113
DIMDOD
Direct any person on a road to give:
NADPOE & info (within their knowledge) about identity of driver
Inspect, test, examine vehicle / documents
Move or cause to be moved - any vehicle causing obstruction or hazard
Direct the driver or person in charge of the vehicle to move the vehicle
Order (forbid) an unlicensed driver not to drive
Direct traffic and pedestrians
Land Transport Act 1998
General roadway-related powers
Section 113
If the person fails to give information or fails/refuses to carry out an action required you have a power of arrest under…
Land Transport Act 1998 - s116
Land Transport Act 1998
General roadway-related powers
Non-compliance
where a person is found operating a motor vehicle with no driver licence or the wrong class of licence and they have been forbidden to drive a motor vehicle of that class, the enforcement officer will:
- prosecute the driver for driving whilst forbidden or issue an ION, and
- must impound the motor vehicle pursuant to section 96 of the LTA
A power of arrest is found under s116 of the LTA
Land Transport Act 1998
General roadway-related powers
S114 & S113
Stopping vehicles - key differences
s114 - allows you to stop vehicles
s113 - does not allow you to stop vehicles
Land Transport Act 1998
General roadway-related powers
S114 & S113
person’s details - key differences
s114 - allows you to demand details from a driver you have stopped
s113 - allows you to obtain a person’s details on the road:
* who has committed an offence against specified acts referred to in s113 of the LTA
* when the identity of the driver of the vehicle is unknown
Land Transport Act 1998
General powers of transport legislation enforcement
Section 113
an enforcement officer may enforce the provisions of the:
- Land Transport Act 1998
- Local Government Act 1974
- Local Government Act 2002
- Road User Charges Act 2012
- Government Roading Powers Act 1989
- Railways Act 2005
- Land Transport Management Act 2003
can only be used if an offence against one of the acts above committed
Land Transport Act 1998
Traffic Law Powers
Section 115
Banning vehicles from the road
Land Transport Act 1998
Traffic Law Powers
Section 115
Green Sticker
Power to direct that a vehicle not be driven on a road
If you believe on reasonable grounds that a vehicle on a road is defective as it fails to comply with regulations or rules
- POL650 provided to driver, sticker affixed to front & rear windscreen
Land Transport Act 1998
Traffic Law Powers
Section 115
Pink Sticker
Power to direct vehicle not to be driven on a road
If you believe on reasonable grounds that a vehicle on the road is not in a safe condition to be driven on a road
- POL555 is provided to the driver and sticker affixed to front and rear windscreen
Land Transport Act 1998
Traffic Law Powers
Section 115
Stickers - condition on the notice
you can include a condition on the notice that the vehicle may…
be driven to a specified place for repair
Green stickered conditions:
* driving to a certain place (home or for repair) at a particular speed or route
Land Transport Act 1998
Traffic Law Powers
Section 115
Stickers - removing coloured stickers before repaired and has new certification:
This is an offence under…
s52 Land Transport Act 1998
Land Transport Act 1998
Traffic Law Powers
Section 121
Taking keys and forbidding to drive
Land Transport Act 1998
Traffic Law Powers
Section 121
the officer may carry out the following actions:
FARMED
Forbid that person to drive for a specified time, or
All keys to be surrendered, or
Render the vehicle immobile, or
Move, or cause to be moved, any vehicle causing an obstruction or hazard, to a place where it does not constitute a hazard, or
EBA offenders must be forbidden to drive for a 12-hour period, or
Direct that person to drive to a specified place to rest if they have exceeded their driving hours (driver’s log book)
Land Transport Act 1998
Traffic Law Powers
Section 121
Powers to take keys and forbid driving
where an enforcement officer believes on reasonable grounds that:
a person who is for the time being in charge of a motor vehicle, -
* because of his or her physical or mental condition (however arising), is incapable of having proper control of the vehicle, or
* has not completed a Compulsory Impairment Test in a manner satisfactory to an enforcement officer, who is trained to give the test, when required to do so by an enforcement officer under s71A, or
* has failed or refused to undergo a Compulsory Impairment Test when required to do so under s71A, or
* has failed or refused to permit a blood specimen to be taken when required to do so by an enforcement officer under s72(1)(a) or (e), or
* is not complying with driving hours (under any enactment)
the enforcement officer may carry out the following actions: FARMED
Land Transport Act 1998
Traffic Law Powers
Section 121
power of arrest
you can arrest a person without warrant for:
- failing to comply with your directions, or
- attempting to do an act forbidden by s121