RP01: Traffic Law Powers Flashcards
What does Section 113 of the LTA 1998 refer to?
The general powers of transport legislation. An officer may
DIMDFFD
(D)irect a person (driver or passenger) on a road to give identifying details
(I)nspect, test and examine breaks, other part of vehicle, WOF and Reg
(M)ove or authorise another person to move any vehicle from obstructing
(D)irect the driver or person in charge to remove the vehicle obstructing
(F)orbid an unlicensed driver to drive
(F)orbid a person operating a transport service without a license to operate that transport service
(D)irect a person using a vehicle, riding an animal or pedestrian
What powers does Section 114 of the LTA 1998 give you?
The power to stop vehicles and demand their details.
- Name, address, DOB, occupation, number
- If they own the car
- Name and address or owner
Under Section 114 of the LTA 1998, when can you arrest a person?
If they fail to stop
Refuse to supply details
Supplies false/misleading details
What does Section 115 of the LTA 1998 give you powers to do and why?
Powers to direct a vehicle not to be driven on a road, if you believe that vehicle “fails to comply with regulations or rules” or “not in a safe condition to be driven on a road”
Under Section 115(1) of the LTA 1998, when can a defective vehicle be allowed to drive on the road again?
When the vehicle obtains a new WOF from getting a vehicle inspection
Under Section 115(3)(b) of the LTA 1998, when can an unsafe vehicle be allowed to drive on the road again?
Until the vehicle gets inspected by an authorised vehicle inspection agent
When the owner is given approval to operate on a road
AND
New evidence of WOF displayed on vehicle
What does Section 116 of the LTA 1998 give you powers to do and why?
Arrest a person without warrant if the person has failed to comply with a direction given under Section 113 or 115 of LTA
What does Section 118 (1) & (2) of the LTA 1998 refer to?
Any officer may require the owner or hirer to give all information available within 14 days which may lead to identification and apprehension of any passenger
IF that passenger has committed any offence, aided in the commission of any offence or has avoided arrest for any offence IN or THROUGH the use of a vehicle
How can an offence be proven against Section 118 (1) and (2) of the LTA 1998?
- Person must have been the owner/hirer at the time of offence
- information required must be within the owner/hirers means/ability to supply
What does Section 118 (4) of the LTA 1998 refer to (fleeing driver)?
Any officer can require owner of a vehicle used to flee a police pursuit to immediately give you all information that would lead to identification and apprehension of the driver
When does Section 118(4) (fleeing driver) of the LTA 1998 not apply?
When the owner is arrested/detained in relation to the suspected offence
What does Section 119 of the LTA 1998 give you powers to do and why?
Powers of entry any premises which the person has entered to carry out breath alcohol testing
GCTS
- Fail/refuse to stop to flashing lights and sirens
AND
- Has committed an offence against dangerous/reckless driving
OR
- Recently had been driving under the influence
AND
Are freshly pursuing that person
Can also Seize Vehicles
What does Section 121 of the LTA 1998 give you powers to do and why? What are police allowed to do?
Power to take keys and forbid driving.
RGTB a person at the time
- Is incapable of having proper control of the vehicle due to physical/mental condition
- Has not completed a compulsory impairment test
- Fails or refuses a compulsory impairment test
FARMED
Forbid that person to drive for a specified time
All keys to be surrendered
Render vehicle immobile
Move or cause vehicle to be moved from obstructing
EBA offenders must be forbidden for 12 hours
Direct a person to drive to a specified place to rest if they exceeded their drive hours
What does Section 121 (4) of the LTA 1998 give you powers to do?
Arrest without warrant someone who
- Fails to comply with FARMED
- Attempting to do an act forbidden by Section 121
What does Section 122 of the LTA 1998 give you powers to do?
Power to seize and impound a vehicle for a period not exceeding 12 hours
RGTB it’s in the interest of the public safety