Road policing- EBA/crash law

Question 1

Initial driver responsibility section 22

Answer 1

Accident arising directly or indirectly from the operation of a vehicle to… A person or vehicle….the driver/rider must….STOP their vehicle….ASCERTAIN whether anyone is injured…. RENDER all practical assistance to anyone who’s injured or killed.

Question 2

Failing to stop section 36/36 crimes act 1961

Answer 2

Section 35 non injury
3 months imprisonment/$4500 fine 6 months disqualification
Section 36 injury-death
5 years imprisonment/$20000 fine minimum 1year disqualification

Question 3

Duty to report injury

Answer 3

Crash involves injury/death driver or rider must report accident in person to nearest police station/to an enforcement officer as soon as practicable no later than 24 HOURS AFTER unless driver/rider is incapable due to injuries.

Question 4

Duty to report damage

Answer 4

Crash involves damage to.. UNOCCUPIED vehicles or PROPERTY belonging to another person driver or rider MUST unless incapable due to injury within 48 HOURS report to owner name/address/reg plate/crash location or cannot find owner report to police within 60hours

Question 5

Operate

Answer 5

To drive or use the vehicle on a road or cause or permit the vehicle to be on the road or to be driven on the road whether or not the person is with the vehicle.

Question 6

Stop

Answer 6

Means to cease to move

Question 7

When can you conduct a breath test

Answer 7

1. Random stopping: of motor vehicle on a road.
2. Stop any person attempting to drive a motor vehicle on a road.
3. GCTS recently committed an offence against LTA and involves driving a motor vehicle.
4. A driver of a motor vehicle involved in a crash.
5. Driver unknown GCTS passengers in vehicle involved in a crash.

Question 8

1st step of EBA

Answer 8

Passive breath test comes up with…

Alcohol or no alcohol

Question 9

2nd step of EBA

Answer 9

Breath screening test

“I require you to undergo a breath screening test without delay”

Question 10

Require to accompany

Answer 10

• If driver refuses or fails to blow into the breath screening device.
• no breath screening device is available
• if person Is 20 or over and test reads “over 400”
• if person is under 20 and test reads “under 250” or 250+ or over 400

Question 11

Require to accompany speech…

Answer 11

“I know require you to accompany me to the…….police station or other such place for the purpose of an evidential breath test blood test or both”

Rights/caution

Question 12

EBT evidential breath test

Answer 12

“I now require you to undergo an evidential breath test without delay”

Question 13

Positive evidential breath test

Answer 13

Read "advice of positive evidential breath test"  form. Advise the driver of rights/caution. Speak to a lawyer??? 
Ten minute(12) period

Question 14

Driver requests blood test

Answer 14

Read part 1 of the specimen form to them pol 535.
Complete relevant parts get them to sign and witness signature.
Once they have formally requested a blood test they must heve the blood test or face a charge or refusing to give a blood sample and excess breath alcohol.

Question 15

Driver accepts breath test reading

Answer 15

Issue a summons 19B no more than 2 months from that time.