RP01 TRAFFIC LAW CONTINUED S115 and S121 Flashcards
Section 115(1) and definition
vehicle
not be driven
on a road
(POL 650 green sticker)
: Section
115(3)(b)
direct vehicle not to be driven on a road not in a safe condition POL 555 pink sticker
Power of arrest under S115 direction
You can arrest without warrant under section 116 if the person fails to comply
section 52(1)(a) of the Land Transport Act
offence toremove the coloured stickers from the vehicle or to drive the vehicle before it is repaired and has new certification.
section
121
Power to take
keys and forbid
driving
The acronym FARMED may be used to memorise Section 121 of the Land
Transport Act what does this stand for?
FORBID that person to drive for a specified time; or
• ALL keys to be surrendered or
• RENDER the vehicle immobile; or
• MOVE, or cause to be moved, any vehicle causing an obstruction or
hazard, or
• EBA offenders must be forbidden to drive for a 12 hour period; or
• DIRECT that person to drive to a specified place to rest if they have
exceeded their driving hours
section 121(4)
you can arrest a person without warrant for:
• failing to comply with your directions; or
• attempting to do an act forbidden by section 121.
Proceedures when seizing keys
Issue a Road Safety Directive (Pol 406), clearly stating
• Place the seized keys in the Watchhouse
• If vehicles are moved to a safe place, record the details in the Towed
Vehicle Log and enter an alert on the vehicle in NIA
Section 118(1) & (2)
Obtaining
information: 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 committed any offence
identification and apprehension of any passenger
Section
118(4)
Obtaining
information
after police
pursuit owner of the vehicle used to flee
Section 95(1)
28-day
suspension of
licence
Section 90
Suspending Licences and Disqualifying from Driving
two-year
period, a person has accumulated a total of 100 or more demerit points, the
Director of the NZTA must, by notice in writing given to that person, suspend
their current driver licence for three months.
a POL
1006
service of a demerit point suspension letter
Section 96
Power to seize
vehicle for 28
days
circumstances in which Police must suspend a person’s driver
licence under Section 95 of the Land Transport Act 1998
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:
− at the request of an enforcement officer/authorised medical person, or
− at hospital.
6. The person drove a vehicle 40kph over the permanent posted speed limit.
(Does not apply to infringements caught on speed camera.)
7. The person drove a vehicle 50kph over any speed limit other than the
permanent one; for example, temporary speed limit, towing speed limit.
(Does not apply to infringements caught on speed camera.)
You must seize and impound a motor vehicle for 28 days, or authorise
someone else to do this, if you believe on reasonable grounds that a person
drove on a road while they were subject to one of the following situations.
- They were disqualified from holding or obtaining a licence.
- They had a suspended or revoked driver licence.
- In the case of a person who is the holder of an alcohol interlock licence,
the person operated that vehicle contrary to the conditions of that licence. - They were not holding a licence – for example, the licence was expired or
they were unlicensed – and they had previously been forbidden to drive. - They drove or operated a vehicle in breach of a qualifying bylaw and the
vehicle is subject to a warning notice issued under section 22AF. - They operated the vehicle in a race or in an unnecessary exhibition of
speed on a road contrary to section 22A(1). - They caused the vehicle to undergo a sustained loss of traction in
contravention of section 22A(3). - The person has failed to stop or remain stopped under section 114.
- They have been found to have breath alcohol of over 400mcg of alcohol
per litre of breath and have two previous convictions for any ‘relevant
offence’ within the last four years. - They have been found to have blood alcohol of over 80mgm of alcohol
per 100 millilitres of blood and have two previous convictions for any
‘relevant offence’ within the last four years. - They have failed or refused a blood test under section 72 or section 73 of
the Land Transport Act:
− at the request of an enforcement officer or authorised medical person,
or
− at hospital
and
− have two previous convictions for any ‘relevant offence’ within the
last four years.
Power to seize
vehicle for 12
hours: Section
122
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 to a further 12 hours, if the circumstances
have not changed.
Power to seize
vehicle for up
to seven days:
Section 123(1)
You can seize and impound a motor vehicle for a period not exceeding 10
working days in order to:
• preserve evidence
• enable scientific examination
• establish the cause of a serious traffic accident
Powers of entry to carry out breath alcohol testing: Section 119(1) & (2)
here an enforcement officer has good cause to suspect that any person:
• has failed to stop for flashing lights or a siren,
and
• has committed, or is committing, an offence against section 35(1)(a) or (b)
(reckless or dangerous driving) or
• is, or has recently been, driving under the influence of alcoholic drink or
drug or both,
and you are freshly pursuing that person,
the enforcement officer can:
• without warrant in the course of pursuit,
• enter any premises on which the person has entered, by force if necessary,
to exercise or complete the excess breath alcohol procedures.
To seize a
vehicle without
warrant:
Section 119(3)
• 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.
The enforcement officer can do this 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 the
commission of a crime, or
• it is impracticable due to the time of day or the locality to obtain a
warrant.
Section 119(7)
Exercising your power of entry under section 119 does not permit you to
arrest a person for an offence against the Land Transport Act 1998, except
for:
• failing to remain for the result of a BST or EBT
• failing to accompany you
• driving under the influence of drink or drug
• refusing to remain for a blood test
• refusing to give blood
• assaulting an enforcement officer
