Road Policing RP01 Flashcards
S.114 LTA 1998 is…
Stopping vehicles and demanding details
What must be present to stop any vehicle?
- Officer in uniform or Officer wearing a hat, cap or helmet with Police emblem
- Vehicle displaying blue, red and blue and or siren
What can and Officer do under S.114
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
How long can you stop a vehicle to demand the drivers details
15 minutes
Can S.114 be used to stop any vehicle
No. Only to be used to stop a vehicle for traffic related enforcement
S.114 (6) is..
The power of arrest without warrant if:
- Vehicle fails to stop; or
- Driver refuses to supply details; or
- Have good cause to suspect false or misleading details supplied
What section can you charge S.114 noncompliance under?
LTA S.52(1)(c)
S.113 LTA 1998 is…
General Roadway Related Powers
Can S.113 be used to stop a vehicle?
No, use S.114
What can be done by an Officer under S.113
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
S.115 LTA 1998 is…
Banning vehicles from the road
What does S.115 allow Officers to do
To prohibit unsafe or i compliant vehicles from being driven on the road
What is a GREEN sticker for
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
What is a PINK sticker
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
What section does the power of arrest for non compliance of S.113 & S.115 derive from?
S.116 LTA 1998
If a PINK or GREEN sticker is removed, what section can they be charged with?
S.52 (1) (a) LTA 1998
S.121 LTA 1998 is….
Taking keys and forbidding to drive
When can an Officer take keys and forbid the driver to drive?
While I charge of a motor vehicle:
- Incapable of proper control due to physical/mental condition; or
- Unsatisfactorily completed a compulsory impairment test when requested; or
- Failed to undergo compulsory impairment test when requested; or
- Not complying with driving hours
What can and Officer do under S.121 LTA 1998?
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
Steps to remember for S.115 LTA 1998
- Issue RSD stating conditions
- Seize keys, store them at watch house and submit RSD to FMC for alert
- Record where if the vehicle was moved - take photos where vehicle left
Learner licence conditions:
- Must display L plate at all times
- Must have a 2yr full licenced, unimpaired front passenger
- Carry licence and produce on demand
- Expires after 5 yrs
Restricted licence conditions:
- To drive between 10pm and 5am or with passengers, must have a 2yr full licenced, unimpaired front passenger
- Carry licence and produce on demand
- Expires after 5 yrs
Full licence conditions:
- Carry and produce licence on request
2. Expires after 10 yrs
S.118 LTA 1998 is…
Obtaining information
What is an Officer able to do under S.118 LTA 1998?
Require owner or hirer to provide known details of the driver and passengers, within 14 days, to aid in identification
When are you able to apply S.118 LTA 1998?
When the driver or passenger has committed any offence under any acts..
While in or through use of the vehicle
How is S.118(4) different to S.118(1)&(2)?
The owner/hirer must give the information immediately when the vehicle was used to flee.
What section can you charge under for breaching S.118? And do you have the power of arrest?
S.52 (1)(c) LTA 1998
No power of arrest for S.118 LTA
S.95 LTA 1998 is…
Suspended licence for 28 days
When can an Officer suspend a driver under S.95 LTA 1998?
- Breath alc >650mcg
- Blood alc > 130 mgm
- Breath alc > 400 mcg and 2 x relevant convictions
- Blood alc >80mgm and 2 x relevant convictions
- Failed or refuse bloods und S.72 & S.73
- Drove 40km over posted
- Drove 50km over temp
(Does not apply to camera IONs)
What to remember with S.95
Previous relevant Youth convictions are not counted
When does the suspension begin?
As soon as the notice is served.
Licence must be seized.
There is a right to appeal S.95 under what sections?
S.101 and S.109 LTA 1998
S.90 LTA 1998 is..
Suspending licenses and disqualifying from driving
S.90(1) LTA 1998 is where
A person has accumulated more than 100 demerits in a 2 yr period
What actions does an Officer take under S.90 (2) LTA 1998?
- Suspend the driver for 3 months (if they have a licence)
- 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.
What must you do when serving a suspension notice?
- Ask driver for their licence (this will need to be surrendered)
- Confirm PID with comms
- Serve notice & submit notification to NZTA and notice to FMC
S.96 LTA 1998 is…
Seizing & impounding vehicles for 28 days
When must and Officer impound a vehicle for 28 days?
- Suspended/revoked/disqualified driver
- Breached S.22AF, 22A(1)&(3)
- Failed to stop or remain stopped
- Breath alc or bloods over limit and 2 x relevant convictions
- Refused of failed bloods under S.72 & S.73
Can you impound vehicle for >400 mcg & 2 x relevant convictions?
Yes under S.96 LTA 1998, but if they request bloods and come back under the limit, the vehicle must be release immediately
How many copies of a suspension notice are there?
Four 1 - to driver 2 - RO 3 - impound lot 4 - keep and scan to FMC
What is S.96(1A) LTA 1998?
Boy racers-powers to impound Incl Excess/unnecessary display of speed Sustained loss of traction Involved in street race
Can you impound all attachments (eg. Trailer)
No, only the vehicle
DLSO is…
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.
S.122 & S.123 LTA 1998 is…
Seizing vehicle
How long can you seize a vehicle is you believe on reasonable grounds it is unsafe to the public?
12hrs, and a further 12hrs is situation hasn’t changed
Under S.123 a vehicle can be held for 10 days for what purpose?
- Preserve evidence
- Scientific exam
- Investigate serious crash
S.119 LTA 1998 is…
Entering premises and seizing vehicles
What conditions must be meet to invoke S.119
- failed to stop &
- Committed reckless/dangerous driving or recently under the influence
& - Freshly pursuing
What does S.119 allow Officers to do?
Without warrant enter, by force to complete EBA or seize/impound.
If impractical to obtain a warrant.
