Road Policing RP01

Question 1

S.114 LTA 1998 is…

Answer 1

Stopping vehicles and demanding details

Question 2

What must be present to stop any vehicle?

Answer 2

1. Officer in uniform or Officer wearing a hat, cap or helmet with Police emblem
2. Vehicle displaying blue, red and blue and or siren

Question 3

What can and Officer do under S.114

Answer 3

Signal and stop any vehicle and demand the drivers details, so f they are the RO and if not the known details of the RO

Question 4

How long can you stop a vehicle to demand the drivers details

Answer 4

15 minutes

Question 5

Can S.114 be used to stop any vehicle

Answer 5

No. Only to be used to stop a vehicle for traffic related enforcement

Question 6

S.114 (6) is..

Answer 6

The power of arrest without warrant if:

1. Vehicle fails to stop; or
2. Driver refuses to supply details; or
3. Have good cause to suspect false or misleading details supplied

Question 7

What section can you charge S.114 noncompliance under?

Answer 7

LTA S.52(1)(c)

Question 8

S.113 LTA 1998 is…

Answer 8

General Roadway Related Powers

Question 9

Can S.113 be used to stop a vehicle?

Answer 9

No, use S.114

Question 10

What can be done by an Officer under S.113

Answer 10

DIMDFFD
D irect a person on a road to give full details
I nspect, test and examine vehicle
M ove vehicle, or authorise to be moved (if hazard/obstruction
D irect drive/person in control to remove vehicle from the road (if hazard/obstruction)
F orbid unlicensed (1st time = RSD + ION, 2+ = prosecution & impound)
F orbid person operating a transport service vehicle with incorrect licence class
D irect to stop, or proceed in directed manner

Question 11

S.115 LTA 1998 is…

Answer 11

Banning vehicles from the road

Question 12

What does S.115 allow Officers to do

Answer 12

To prohibit unsafe or i compliant vehicles from being driven on the road

Question 13

What is a GREEN sticker for

Answer 13

A vehicle that..

• fails to comply with regulations or rules (default exhaust, tinted windscreen)
• unable to be driven on the road until a WOF is obtained

Question 14

What is a PINK sticker

Answer 14

A vehicle that..

• is unsafe for road use (illegal modifications, structural rust)
• unable to be driven on a road until:
  1. Inspection by approved agent
  2. Passes inspection
  3. Evidence of pass displayed

Question 15

What section does the power of arrest for non compliance of S.113 & S.115 derive from?

Answer 15

S.116 LTA 1998

Question 16

If a PINK or GREEN sticker is removed, what section can they be charged with?

Answer 16

S.52 (1) (a) LTA 1998

Question 17

S.121 LTA 1998 is….

Answer 17

Taking keys and forbidding to drive

Question 18

When can an Officer take keys and forbid the driver to drive?

Answer 18

While I charge of a motor vehicle:

1. Incapable of proper control due to physical/mental condition; or
2. Unsatisfactorily completed a compulsory impairment test when requested; or
3. Failed to undergo compulsory impairment test when requested; or
4. Not complying with driving hours

Question 19

What can and Officer do under S.121 LTA 1998?

Answer 19

FARMED
F orbid that person to drive for a specific time
All keys to be surrendered
R ender the vehicle immobile
M ove or cause to be moved (if hazard/obstruction)
E EBA must forbid for 12 hrs
D irect to drive to specifics place to sleep

Question 20

Steps to remember for S.115 LTA 1998

Answer 20

1. Issue RSD stating conditions
2. Seize keys, store them at watch house and submit RSD to FMC for alert
3. Record where if the vehicle was moved - take photos where vehicle left

Question 21

Learner licence conditions:

Answer 21

1. Must display L plate at all times
2. Must have a 2yr full licenced, unimpaired front passenger
3. Carry licence and produce on demand
4. Expires after 5 yrs

Question 22

Restricted licence conditions:

Answer 22

1. To drive between 10pm and 5am or with passengers, must have a 2yr full licenced, unimpaired front passenger
2. Carry licence and produce on demand
3. Expires after 5 yrs

Question 23

Full licence conditions:

Answer 23

1. Carry and produce licence on request

2. Expires after 10 yrs

Question 24

S.118 LTA 1998 is…

Answer 24

Obtaining information

Question 25

What is an Officer able to do under S.118 LTA 1998?

Answer 25

Require owner or hirer to provide known details of the driver and passengers, within 14 days, to aid in identification

Question 26

When are you able to apply S.118 LTA 1998?

Answer 26

When the driver or passenger has committed any offence under any acts.. While in or through use of the vehicle

Question 27

How is S.118(4) different to S.118(1)&(2)?

Answer 27

The owner/hirer must give the information immediately when the vehicle was used to flee.

Question 28

What section can you charge under for breaching S.118? And do you have the power of arrest?

Answer 28

S.52 (1)(c) LTA 1998 No power of arrest for S.118 LTA

Question 29

S.95 LTA 1998 is…

Answer 29

Suspended licence for 28 days

Question 30

When can an Officer suspend a driver under S.95 LTA 1998?

Answer 30

1. Breath alc >650mcg 2. Blood alc > 130 mgm 3. Breath alc > 400 mcg and 2 x relevant convictions 4. Blood alc >80mgm and 2 x relevant convictions 5. Failed or refuse bloods und S.72 & S.73 6. Drove 40km over posted 7. Drove 50km over temp (Does not apply to camera IONs)

Question 31

What to remember with S.95

Answer 31

Previous relevant Youth convictions are not counted

Question 32

When does the suspension begin?

Answer 32

As soon as the notice is served. | Licence must be seized.

Question 33

There is a right to appeal S.95 under what sections?

Answer 33

S.101 and S.109 LTA 1998

Question 34

S.90 LTA 1998 is..

Answer 34

Suspending licenses and disqualifying from driving

Question 35

S.90(1) LTA 1998 is where

Answer 35

A person has accumulated more than 100 demerits in a 2 yr period

Question 36

What actions does an Officer take under S.90 (2) LTA 1998?

Answer 36

1. Suspend the driver for 3 months (if they have a licence) 2. Disqualify driver for 3 months (if they do not have a licence) This is only when directed by NZTA as they were unable to locate the person.

Question 37

What must you do when serving a suspension notice?

Answer 37

1. Ask driver for their licence (this will need to be surrendered) 2. Confirm PID with comms 3. Serve notice & submit notification to NZTA and notice to FMC

Question 38

S.96 LTA 1998 is…

Answer 38

Seizing & impounding vehicles for 28 days

Question 39

When must and Officer impound a vehicle for 28 days?

Answer 39

1. Suspended/revoked/disqualified driver 2. Breached S.22AF, 22A(1)&(3) 3. Failed to stop or remain stopped 4. Breath alc or bloods over limit and 2 x relevant convictions 5. Refused of failed bloods under S.72 & S.73

Question 40

Can you impound vehicle for >400 mcg & 2 x relevant convictions?

Answer 40

Yes under S.96 LTA 1998, but if they request bloods and come back under the limit, the vehicle must be release immediately

Question 41

How many copies of a suspension notice are there?

Answer 41

``` Four 1 - to driver 2 - RO 3 - impound lot 4 - keep and scan to FMC ```

Question 42

What is S.96(1A) LTA 1998?

Answer 42

``` Boy racers-powers to impound Incl Excess/unnecessary display of speed Sustained loss of traction Involved in street race ```

Question 43

Can you impound all attachments (eg. Trailer)

Answer 43

No, only the vehicle

Question 44

DLSO is…

Answer 44

Driver licence stop order - issued by MoJ for unpaid fines or reparations. Police are to issue suspension/disqualification if active PID alert to. Ends when fines paid or arrangement made.

Question 45

S.122 & S.123 LTA 1998 is…

Answer 45

Seizing vehicle

Question 46

How long can you seize a vehicle is you believe on reasonable grounds it is unsafe to the public?

Answer 46

12hrs, and a further 12hrs is situation hasn’t changed

Question 47

Under S.123 a vehicle can be held for 10 days for what purpose?

Answer 47

1. Preserve evidence 2. Scientific exam 3. Investigate serious crash

Question 48

S.119 LTA 1998 is…

Answer 48

Entering premises and seizing vehicles

Question 49

What conditions must be meet to invoke S.119

Answer 49

1. failed to stop & 2. Committed reckless/dangerous driving or recently under the influence & 3. Freshly pursuing

Question 50

What does S.119 allow Officers to do?

Answer 50

Without warrant enter, by force to complete EBA or seize/impound. If impractical to obtain a warrant.