RP01 Traffic Law Powers Flashcards
S114 LTA1998?
Pull over and demand details (traffic)
114(1)(3) - Police in uniform, or wearing hat, or in police car displaying red and blue lights or siren
• can request a driver to stop and demand the driver of their details NADPOO.
114(3)&(5) - The driver must stay stopped for a long as reasonably necessary (ID stops only 15 minutes)
POA 114(6) - You can arrest without warrant any person who
• fails to stop
• refuses to supply details
• supplies details that are false or misleading
Charge under S52(1)(c) LTA1998
S113 LTA1998?
General Roadway Related Powers
DIMDFFD
- Direct a person on a road NADPOO
- Inspect, test and examine any part of the vehicle on a road
- Move, or authorised to move any vehicle causing obstruction on road or to vehicle entrance
- Direct the driver to remove the vehicle from the road as above
- Forbid an unlicensed driver to drive a motor vehicle
- Forbid a person who is operating a transport service without a licence to operate that service
- Direct a person using/driving/riding a vehicle/animal on the road to stop, or cause it to proceed in a particular line of traffic or direction. Direct a pedestrian not to cross the road.
113 DIMDFFD
What are the differences between S113 and S114 LTA1998?
- S114 allows you to stop vehicles
- S113 does not
- S114 allows you to demand details from a driver you have stopped.
- S113 allows you to obtain a persons details on a road who has committed an offence against specified Acts in S113(1)
You can arrest a person w/o warrant under S116 if you have GCTSuspect the person has failed to comply with a direction given under Ss 113 and 115 LTA1998. Charge under S52(1)(c)
S115 LTA1998?
Banning vehicles from the road (unsafe or defective vehicles)
Pick sticker - Unsafe
• believes on reasonable grounds that a vehicle on a road is not in a safe condition to be driven on a road.
Green sticker - Defective
• believes on reasonable grounds that a vehicle does not comply with the regulations or rules.
POA under S116 if they fail to comply with S115.
It is an offence to remove the coloured stickers or to drive the vehicle before it is repaired and has new certification under S52(1)(a)
S115 ban your drive
S118 (1)&(2) LTA1998?
Obtaining information (1) and (2)
- owner or hirer of any vehicle must within 14 days, give all information that may lead to
• the identification and apprehension of the driver, if that driver is alleged to have committed any offence.
• the ID and apprehension of any passenger if - has committed an offence
- has aided in the commission of
- has avoided arrest
(In or through the use of a vehicle)
118 tell me about your mate
S118(4) LTA1998?
Obtaining information after police pursuit
Owner must provide details to identify the driver or the car immediately who has committed an offence against the LTA1998 or involved in a Police pursuit.
S119 (1)&(2) LTA1998?
Powers of entry to carry out breath alcohol procedures.
- has good cause to suspect any person
• has failed to stop
and
• has committed, or is committing an offence against S35(1)(a)or(b) (reckless or dangerous) or
• is, or has recently been, driving under the influence of alcohol or drug, - and you are freshly pursuing that person
• without warrant
• enter any premises the person has entered, using force if necessary, to complete the breath alcohol procedures.
119 alcohol time
S121 LTA1998?
FARMED Taking and Forbidding Driving
• believes on reasonable grounds the person driving
- mental condition, incapable of controlling vehicle
- failed Compulsory Impairment Test
- is not complying with driving hours
The officer can
- Forbid the person to drive for a specified time
- All keys surrendered
- Render the vehicle immobile
- Move and vehicle causing obstruction
- EBA offenders forbidden to drive 12hr
- Direct that person to drive to a specified place to rest if they have exceeded their driving hours.
POA under S121(4) for
• failing to comply with your directions
• attempting to do an act forbidden by S121
121 FARMED
S122 LTA1998?
Seize for 12 hours
-interest of public safety you can seize a vehicle for 12 hours, and a further 12 hours of circumstances have not changed. This provision is a last resort.
S123 LTA1998?
Seize for 10 days
• preserve evidence
• enable scientific examination
• establish the cause of a serious traffic accident
Offences includes
- hit and run
- serious traffic accident
- failed to stop
123 a week+3
S95 LTA1998?
Suspending licence for 28days
- The person has breath alcohol over 650mcg per L breath.
- Over 130mgm of alcohol per 100ml blood.
- Over 400mcg of alcohol per L breath and previously convicted relevant within last 4 years.
- Over 80mgm of alcohol per 100ml blood previously convicted relevant within last 4 years.
- 40kph over the posted speed limit.
- 50kph over temp speed limit/towing speed limit.
95 Licence 28days
S96 LTA1998?
Seizing and Impounding Vehicles 28 days
Must if they drove -
- Disqualified from holding or obtaining a licence.
- Suspended or revoked
- Drove contrary to conditions of alcohol interlock licence
- Not holding a licence AND they have previously been forbidden to drive.
- operates a vehicle in a race or unnecessary exhibition of speed
- sustained loss of traction
- failed to stop or remain
- breath alc over 400mcg per litre breath and have 2 relevant convictions within last 4 years
- blood alc over 80mgm per 100mgm of blood and have 2 relevant convictions within the last 4 years.
- failed or refused a blood test and have 2 relevant convictions last 4 years.
S96 Vehicle 28days
What can you arrest for under S120? LTA
- The person does not complete a CIT
- If the person has assaulted a Police Officer in the course of their duties
- If the officer has good cause to suspect that the person has breached sections 58 to 62 of the LTA
