RP01: Road Policing Flashcards
State the Act
Land Transport Act 1998
Motor vehicle
Drawn and propelled by mechanical power, and trailers
Vehicle
Equipped with wheels, tracks, or revolving runners in which it moves or is moved
Operate
On a road,
Drive or uses, to cause or permit a vehicle to be driven,
Whether or not person is present
Road
Street
Motorway
Public walk way, bridges beaches
Weighing heavy motor vehicles
Types of Driver Licenses
Learner
Restricted
Full
Driver license offence Section 31 & Penalty
Fails to comply with Learner or Restricted Conditions
$100.00 fine, 35 demerits
Driver license offence Section 32 & Penalty
Driving while disqualified
Driving while suspended or revoked
Contrary to limited license
1st: 3 months prison, $4,500.00 fine
2nd: 6 months disqualification
3rd: 2 years prison, $6,000.00 fine
Subsequent: 1 year disqualification
Offences that the defendant can be disqualified as a result
Careless driving
Reckless or dangerous driving
EBA
Rules of being disqualified
Must not drive
Myst not apply for a new license
Limited license
License that gives permission to travel to work and home
Driver license offence Section 52 & Penalty
Contravenes Instructions by a Constable
$10,000.00
Contravenes Instructions
Fails to remain stopped Removes stickers Drives while stickers still apply Fails or refuses directions or requirements Breach Heavy Motor vehicle directions
Driving offence Section 37 & Penalty
Inconsiderate or careless use
$3,000.00
Potential Suspension
Driving offence Section 38
Careless driving or Inconsiderate use causing injury
Driving offence Section 39
Aggravated Careless Use
Driving offence Section 35 & penalty
Reckless or Dangerous Driving (non-injury)
3 months prison
$4,500.00 fine
6 months disqualification
Driving offence Section 36
Reckless or Dangerous driving causing injury or death
Driving offence Section 22A & 36A
Unlawful exhibition of speed or acceleration
Sustained loss of traction
Section 114
Stopping and demanding details of driver
Full particulars and/or owner of vehicle
Keep driver stopped
Must wear uniform & badge on hate
Use of sirens and red blue flashing lights
Can arrest if fails to remain stopped, refuses or supplies false details
Can only be used when enforcing LTA or related acts
Section 116
Arrest and charge for non compliance, also falls under provisions of S52
Section 115
Banning vehicles from the road
Green Sticker POL650
Pink Sticker POL555
Offence is committer when removing stickers
Green Sticker
Defective vehicle
Can use specified route at specified speed to an address or place of repair
Pink Sticker
Unsafe vehicle
Use specified route to place of repair
Section 121
Keys & forbidden to drive
Fatigue
EBA unsatisfactory
Fails or refused EBA
Can arrest for fails to comply or attempting to contravene instructions
All Keys are taken, kept at base and recorded in key register
Render immobile
Move Vehicle seized and impounded to a safe place, recorded in seized vehicle log + NIA alert
EBA 12 hours + NIA alert (FMC)
Direct driver to a place of rest by CVST
Section 118
Obtain information from owner or hirer of vehicle about driver and/or passenger
Alleged offence where vehicle was involved or is being used
14days for identities in apprehension of any offence
Immediately after pursuit of vehicle
Section 90
Demerit Point suspension or Disqualification
Expired demerits with 2 years
NZTA Wanted For Service of Notice
Service by Police upon locating POI
Section 95
28 Day Suspension
EBA - blood & breath over the limit
EBA - over the limit & previous convictions
Fails of refuse EBA
EBA - injury or death
EBa - drink or drug
40kph over posted speed limit
50kph over temporary speed limit, and towing speed limit
Section 96
Seizing & Impounding vehicle
28 days Provisions of ss32, 95 & 90 Sustained loss of traction Exhibition of speed or acceleration Fails to remain stopped Fails or refuses EBA
Vehicle must be returned if there are no proceeding
Property and attachments must not be impounded or seized
Bloods is lower than Breath, vehicle must be returned
Section 96A
Seized for Boy Racers
Sustained loss of traction
Exhibition of speed or acceleration or Race
Green sticker
Impound for 28 days
DLSO
Driver License Stop Order
Driver has unpaid fines Fines warrant (2T) Fines must be paid or arranged to be paid before DLSO is ended Current DLic holder - suspended No DLic - disqualified
Section 122
Seizing vehicles:
12 hours for fatigue or impaired drivers
Last resort if driver is attempting to do an act against the LTA
Section 123
Seizing vehicle: 10 days
Preserve evidence Scientific examination Established cause of accident Potential Involvement in serious traffic accidents or hit and run Failed to stop or remain stopped
Section 119
Entering premises & seize vehicle
Freshly pursued
Committing reckless or Dangerous driving
Enter premises to exercise EBA for recent drink or drug
Vehicle is about to be used in commission of an offence
To be moved, concealed, disposed or destroyed
Vehicle impounded
MUST STATE S131 of SSA 2012
Not a power to arrest
Section 113
Inspection to be
Direct driver to give details
Inspect vehicle
Move or authorise vehicle to be moved
Direct driver to move vehicle
Forbid unlicensed driver
Forbid unlicensed public transport driver
Direct heavy motor vehicle to place or rest