RP01 Definitions And Driving Offences

Question 1

What are the conditions of a learners licence?

Answer 1

• Must drive accompanied by a supervisor in the front passenger seat who has held their full licence for 2 years or more.
• Must have 2 L plates displayed on the vehicle.
• Must carry their licence while driving and produce it on demand.

Question 2

What are the conditions of a restricted licensed driver?

Answer 2

• When driving between 10pm and 5am must be accompanied by a supervisor in the front passenger seat who has held their full licence for more than 2 years.
• If carrying passengers, must be accompanied by supervisor as above, unless it is their dependants, their spouse, or their spouses dependants.
• ## Must carry their licence while driving and produce it on demand.

Question 3

What are the expiration timeframes on licenses?

Answer 3

• 5 years, learners and restricted
• 10 years, full
  They will have to renew and resit the test again. In the interim they are unlicensed and unable to drive.

Question 4

What is the definition of a vehicle?

Answer 4

A contrivance equipped with wheels, tracks, or revolving runners on which it moves. Includes skateboards, roller skates etc.

Question 5

What is the definition of Motor Vehicle?

Answer 5

A vehicle drawn or propelled by mechanical power. Does not include a pedestrian controlled machine, a mobility device etc.

Question 6

What is the definition of Operate?

Answer 6

Drive or use the vehicle on the road, cause or permit the vehicle to be on the road, whether or not the person is present with the vehicle.

Question 7

What is the definition of Driver?

Answer 7

Includes the rider of a motorcycle, moped or bicycle.

Question 8

What is the definition of Road?

Answer 8

A street, motorway, beach, a place the public has access to, right or not, bridges, culverts, ferries, fords, and weigh sites.

Question 9

What is the offence of inconsiderate driving?

Answer 9

• Driving that includes inattention or thoughtless actions or omissions, as well as deliberate ones, which is inconsiderate to other road users.

Examples •
• driving at slow speeds
• not taking reasonable steps to allow a line of following vehicles to pass.

Question 10

What is the offence of Careless Driving?

Answer 10

• Falling below the driving standards of a reasonable prudent motorist.

Examples •
• Colliding with a correctly parked car, while travelling along a street.
• indicating left, changing your mind and immediately turning right into the path of an overtaking car.

Question 11

What is the offence of Dangerous Driving?

Answer 11

• Driving in a manner or speed which was, or might have been dangerous to anyone.

Examples •
• pulling out on the wrong side of the road to overtake, into oncoming traffic.
• travelling at 80kph in a 50kph in a built up area in the presence of school kids, vehicles etc.

Question 12

What is the offence of Reckless Driving?

Answer 12

• Knowingly disregarding ones duty as a driver
• Deliberately running an unjustifiable risk of injury or collision

Examples •
• trying to outrun a patrol car, endangering public safety.
• driving through a stop sign at 80kph deliberately.

Question 13

What is the difference between Reckless driving and Dangerous driving?

Answer 13

Reckless driving requires the elements of intent (mens rea) unlike dangerous driving.

Question 14

What is the offence of Driving While Disqualified? S32(1) LTA1998

Answer 14

• Driving a motor vehicle on a road
  a) while disqualified from holding or obtaining a driver licence (L201) or
  b) contrary to a limited licence (L204) or
  c) while their driver licence is suspended or revoked (L143)

Question 15

What are the penalties of Driving while disqualified S32(1) LTA1989?

Answer 15

1st or 2nd offence

• 3 months and/or $4500 and
• 6 months or more disqualification

3rd or subsequent offence

• 2 years and/or $6000 and
• 1 year or more disqualification

People can apply for limited licences, purely for employment purposes.

Question 16

What is the offence Contravening an officers instructions? S52(1) LTA1989

Answer 16

A person commits any offence if they

a) fails to remain stopped in accordance with S114(2A) LTA1989
b) remove, obscure, or render indistinguishable a notice affixed to a vehicle under S115 LTA1998
c) drive the vehicle with a notice under S115 or S96(1D) applies. (Other than driving to a specified place)
d) Fail to refuse or comply with any lawful requirement, direction, notice, request, or prohibition given to or imposed on them under this Act by an enforcement officer.
e) whether or not they are the person whom the direction was given, knowingly drives a heavy motor vehicle on a road in breach of direction by enforcement officer under S128 (secure load)

Question 17

What are the Boy Racer offences? S36A LTA1998

Answer 17

•1A - a person commits an offence if the person
- operates a vehicle
- in a race
OR
- in an unnecessary exhibition of speed or acceleration
- in a road in contravention or S22A(1)

•1B 
- without reasonable excuse 
- intentionally pours into 
OR 
- places in
OR
- allows to spill onto
- a road
- any petrol, oil, or diesel fuel
- any other substance that cause loss of traction

•1C

• without reasonable excuse
• operates a vehicle on a road
• in a manner that causes sustained loss of traction

You can arrest for offences ended ss(1)(a) and (1)(c)
POA comes from S315(2)(a) or (2)(b) CA1961

Sustained loss of traction is focused on the intent and actions of the driver and not simply on how long any loss of traction might be.

Question 18

What are the elements of S36A(1)(a) LTA1998?

Answer 18

•1A - a person commits an offence if the person
- operates a vehicle
- in a race
OR
- in an unnecessary exhibition of speed or acceleration
- in a road in contravention or S22A(1)

Question 19

What are the elements of S36A(1)(b) LTA1998?

Answer 19

•1B 
- without reasonable excuse 
- intentionally pours into 
OR 
- places in
OR
- allows to spill onto
- a road
- any petrol, oil, or diesel fuel
- any other substance that cause loss of traction

Question 20

What are the elements of S36A(1)(c) LTA1998?

Answer 20

•1C

• without reasonable excuse
• operates a vehicle on a road
• in a manner that causes sustained loss of traction