Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

ROAD POLICING > RP01 Road Policing > Flashcards

RP01 Road Policing Flashcards

1
Q

What is our road safety strategy?

A

Road to Zero

Based on Vision Zero of achieving zero road deaths in New Zealand as every death is preventable.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Top four risk behaviours

A

RIDS

Restraints

Impairment

Distractions

Speed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Define ‘motor vehicle’ in relation to the LTA 1998

A

A vehicle drawn or propelled by mechanical power, and includes a trailer but does not include:

  • vehicle on rails
  • vehicle designed for amusement purposes and used exclusively within a place of recreation or entertainment
  • pedestrian-controlled machine
  • mobility device
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Define ‘operate’ in relation to the LTA 1998

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Define ‘road’ in relation to the LTA 1998

A

Includes;

  • a street
  • a motorway
  • a beach
  • a place to which the public have access, whether as of right or not
  • all bridges, ferries etc.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Define ‘vehicle’ in relation to the LTA 1998

A

A contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved, includes;

  • a hovercraft
  • skateboard
  • in-line skates
  • roller skates

Excludes

  • pushchair
  • shopping trolley
  • wheelbarrow/hand-trolley
  • push-lawn mower
  • an article of furniture
  • a push-wheelchair
  • any rail vehicle
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Outline the offence of driving while disqualified and associated penalties

A

(a) While disqualified from holding or obtaining a driver licence; or
(b) Contrary to a limited licence; or
(c) While their driver licence is suspended or revoked

Penalties

Offence #1/#2 - three months imprisonment/fine of $4,500 AND six months or more of disqualification from driving

Offence #3 - two years imprisonment/fine of $6,000 AND one year or more of disqualification from driving

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What does disqualification mean?

A

A defendant must not drive, or have control of, any motor vehicle on any road for the term of the disqualification.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is a limited licence?

A

Convicted people can apply for a ‘limited’ licence which gives them permission to drive purely for employment purposes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Four classes of driving standards

A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the offence under s52(1) of the LTA 1998?

A

Contravening the instructions of an Officer

  • A person commits an offence if they are a driver of a vehicle that is stopped and fails to remain stopped in accordance with s114(2A), LTA 1998
  • Remove or obscure a notice affixed to the vehicle
  • Drive a vehicle under notice of s115 or s96(1D) applies
  • Fail or refuse to comply with any lawful requirement, direction, notice, request, or prohibition given to or imposed to them under this Act by an officer
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What happens if inconsiderate/careless or dangerous/reckless driving results in injury and does this change if on private property?

A

These become aggravated offences and grant the Police the power of arrest for them.

These do not need to meet the definition of ‘road’ if injury or death is caused and hence can be on private land.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Difference between dangerous and reckless driving?

A

Reckless driving requires an element of intent (mens rea) that is absent in dangerous driving.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Difference between the bottom and top two classes of driving standard breaches?

A

Bottom two (i.e. inconsiderate and careless) have ‘vehicle’ in their element.

Top two (i.e. dangerous and reckless) have ‘motor vehicle’ in their element.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Three main boy racer offences

A

Engaging in unauthorised street or drag racing (s36A, LTA 1998)

1. Race/show unnecessary speed or acceleration

A person commits an offence if the person / operates a vehicle / in a race OR in an unnecessary exhibition of speed or acceleration / on a in contravention of s22A(1)

2. Pour substances on road

Without reasonable excuse / intentionally pours onto OR places on OR allows to spill onto / a road / any petrol, oil, or diesel fuel OR any other substance that causes loss of traction

3. Loss of traction

Without reasonable excuse / operates a vehicle on a road / in a manner that causes sustained loss of traction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What are some court findings about ‘Sustained loss of traction’?

A
  • The intent and actions of the driver is an important factor and NOT how long any loss of traction was
  • Vehicle does not need to be stationery
  • Sustained refers to driver’s conduct rather than the scenario created by that conduct

Notes: For example, while the car is moving a sustained loss of traction for “only 2-3 seconds” would still constitute this offence if the driver intended to do this (shown by slippery stuff on the road).

17
Q

Powers contained under Section 113, LTA 1998

A

General Roadway-Related Powers (DIMDFFD)

  • Can only be used against an offence under Land Transport Act 1998*
  • __________*

Direct a person on a road (whether or not they are in charge of a vehicle) to give: their full particulars, other details of identity, information to identify the driver or person in charge of a vehicle (unless the person is for the time being detained or under arrest under any enactment)

Inspect, test and examine the vehicle OR a Land Transport Act document (i.e. WOF or registration)

Move or authorise another person to move, any vehicle if the enforcement officer believes on reasonable grounds that it is causing obstruction (includes entering the vehicle to do so), or if in the interests of public safety

Direct the person or person in charge of a vehicle on a road to remove the vehicle from the road if believed (above) it is causing obstruction

Forbid an unlicenced driver to drive a motor vehicle

Forbid a person who is operating a transport service without a licence to operate that transport service

Direct as to control traffic such as turning vehicles around or pedestrians not to cross the street

18
Q

Powers contained under Section 114, LTA 1998

A

__________

An enforcement officer in uniform or wearing a cap may request or signal a driver of a vehicle to stop as soon as practicable;

or

An enforcement officer (even in mufty), in a vehicle, may stop a vehicle by displaying flashing blue, or blue and red lights or sounding a siren.

__________

Demand the driver to state their full name, date of birth, occupation, and phone number

and

Whether they are the owner of the vehicle

and if not

The name and address of the owner of the vehicle which may lead to the identification of the owner

__________

You have the power of arrest without warrant under this section if any person

  • fails to stop
  • refuses to supply details
  • supplies deatils that you have good cause to suspect are false or misleading
19
Q

How long can you keep a driver stopped under Section 114, LTA 1998?

A

As long as is reasonably necessary to obtain particulars or exercise any power under this Act, otherwise;

If you stop the driver solely for the purpose of establishing their identity, you can delay them for up to 15 minutes.

20
Q

What type of vehicles can be stopped under Section 114, LTA 1998?

A

This power applies to all vehicles including motor vehicles, cyclists, roller-bladers, roller-skaters, skateboarders etc.

21
Q

For what offences can you use Section 114, LTA 1998?

A

Only if you are enforcing the Land Transport Act 1998 or other traffic-related Act or Regulations.

Note: It cannot be used as a general stopping power (i.e. driver looks suspicious).

22
Q

Your driving and notice a car with all occupants not wearing a seatbelt - how do you stop them over and get their details to issue an infringement notice?

A

s114 allows us to stop a vehicle in breach of the LTA 1998 (not wearing a seatbelt). From here we can get the details of the driver and issue the notice.

s113 then allows us to direct the passengers (whether or not they are in charge of a vehicle) to give their full particulars and other details of identity as they have also commited an offence under the LTA 1998 (not wearing seatbelts).

23
Q

You pull over a driver with good cause to suspect he has breached the LTA 1998 - upon pulling him over, you suspicions are incorrect and all his passengers are wearing seatbelts - can you demand their details?

A

As the passengers in the vehicle have not committed any offence against one of the Acts listed, there is no power to demand their details.

24
Q

Powers contained under Section 115, LTA 1998

A

s115 - can you drive?

Banning Vehicles from the Road

___________

GREEN STICKER

If you believe on reasonable grounds that a vehicle fails to comply with regulations or rules you can give a notice in writing to the owner/driver that the vehicle may not be driven on a road until new evidence of WOF has been obtained.

Can also require that the owner obtain a new WOF and notify you once done.

PINK STICKER

If you believe on reasonable grounds that a vehicle on a road is not in a safe condition to be driven on a road - you can give notice in writing - to the owner - that the vehicle may not be driven on a road until it’s been inspected by an authorised agent, they’re given approval to operate on the road and new evidence of inspection is displayed on the vehicle.

25
Q

Powers contained under Section 118, LTA 1998

A

s118 - get the cake (details)

Obtaining Information

__________

Officer can require the owner or hirer of any vehicle to give, within 14 days, all information available to them which may lead to:

  • the identification and apprehension of the driver, if that driver is alleged to have commited any offence against any Act while in charge of the vehicle
  • the identification and apprehension of any passenger, if that passenger:
    • has commited
    • has aided in the commission of
    • has avoided arrest for
      • IN OR THROUGH THE USE OF A VEHICLE
26
Q

Powers contained under Section 119, LTA 1998

A

s119 - enter on time

Entering Premises and Seizing Vehicles

__________

Enter premise to carry out EBA

If good cause to suspect -

  • Has failed to stop for flashing lights or a siren; AND
  • Has committed an offence against section of reckless or dangerous driving; OR
  • Is or recently driving under the influence of alcoholic drink or drug

AND you are freshly pursuing that person,

Then -

  • Without warrant in the course of pursuit
  • Enter premises to carry out EBA

__________

Enter premise to seize and impound vehicle

If -

  • they are freshly pursuing the vehicle; OR
  • the vehicle is about to be removed, concealed, destroyed or disposed of; OR
  • they suspect on reasonable grounds the vehicle was about to be used in for a crime; OR
  • it is impracticable to obtain a warrant

Then -

  • without warrant enter by force, if necessary
  • a building or place where a vehicle to which sections 96 and 123 apply (seizing and impounding vehicles) is being stored or kept
  • to seize and impound the vehicle.
27
Q

Powers contained under Section 121, LTA 1998

A

s121 - you’re no fun (FARMED)

Taking Keys and Forbidding to Drive

__________

When you believe their mental/physical condition is impaired or failed/refused to undergo a Compulsory Impairment Test.

You can -

F - Forbid that person to drive for a specificed time

A - All keys to be surrendered

R - Render the vehicle immobile

M - Move any vehicle causing obstruction or hazard to a safer place

E - EBA offenders must be forbidden to drive for 12 hour period

D - Direct that person to drive to a specified place to rest if they have exceeded their driving hours

28
Q

Powers contained under Section 122, LTA 1998

A

s(12)2 - 12 hour impound

Seizing Vehicles

__________

If you believe on reasonable grounds that it is in the interest of public safety, you can seize and impound a motor vehicle for a period not exceeding 12 hours. This period may be extended for another 12 hours, if the circumstances have not changed.

Note: This is a last resort provision.

29
Q

Identify the circumstances in which Police must suspend a persons driver licence under s95, LTA 1998

A
  1. The person has been found to have breath alcohol of over 650mcg of alcohol per litre of breath
  2. The person has been found to have blood alcohol of over 130mgm of alcohol per 100ml of blood
  3. The person has been found to have breath alcohol of over 400mcg of alcohol per litre of breath and has been convicted for any ‘relevant offence’ within the last four years
  4. The person has been found to have blood alcohol of over 80mgm of alcohol per 100ml of blood and has been convicted of any ‘relevant offence’ within the last four years
  5. The person failed or refused a blood test under section 72 or section 73 of the Land Transport Act:
    1. at the request of an enforcement officer/authorised medical person; or
    2. at hospital
  6. The person drove a vehicle 40kph over the permanent posted speed limited
  7. The person drove a vehicle 50kph over any speed limit other than the permanent one; for example, temporary speed limit, towing speed limit

Note: Last two do not apply to speeding infringement via speed camera.

30
Q

If a driver is disqualifed and they drive a friend’s vehicle instead, are they in breach of ‘Driving while disqualified’?

A

Yes, disqualification is applicable to ALL motor vehicles.

31
Q

Is there a power of arrest for inconsiderate or careless driving?

A

No

32
Q

Is there a power of arrest for dangerous or reckless driving?

A

Yes

33
Q

Is there a power of arrest for inconsiderate or careless driving causing injury and why?

A

Yes, this becomes an aggravated offence.

34
Q

Do you have the power to demand details from passengers under Section 114?

A

No, your power for this comes from Section 113 (only if they are committing an offence against the LTA 1998 or any other such traffic-related Act).

35
Q

If a car is involved in a police pursuit, how long does an owner need to give information about the hirer/driver’s details?

A

Immediately if involved in a Police pursuit

36
Q

What is the name of the charge for driving with >250mcg/L?

A

Driving with excess breath alcohol

37
Q

What is the difference between Section 95 and Section 96?

A

s95 - 28 day suspension of licence

s96 - 28 day impoundment of vehicle

38
Q

When do you have the power to arrest someone under Section 114?

A
  • Fails to stop
  • Refuses to supply details
  • Supplies details you have good cause to suspect are false or misleading

This power comes from Section 114(6)

39
Q

What details can you demand under Section 114?

A
  • Full name, address, date of birth, occupation and phone number
  • Whether they are the owner of the car, and if not
  • The name and address of the owner of the car (or other such details which will lead to the identification of the driver)

ROAD POLICING (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions