RP01: Traffic Law Powers

Question 1

What does Section 113 of the LTA 1998 refer to?

Answer 1

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

Question 2

What powers does Section 114 of the LTA 1998 give you?

Answer 2

The power to stop vehicles and demand their details.
- Name, address, DOB, occupation, number
- If they own the car
- Name and address or owner

Question 3

Under Section 114 of the LTA 1998, when can you arrest a person?

Answer 3

If they fail to stop
Refuse to supply details
Supplies false/misleading details

Question 4

What does Section 115 of the LTA 1998 give you powers to do and why?

Answer 4

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”

Question 5

Under Section 115(1) of the LTA 1998, when can a defective vehicle be allowed to drive on the road again?

Answer 5

When the vehicle obtains a new WOF from getting a vehicle inspection

Question 6

Under Section 115(3)(b) of the LTA 1998, when can an unsafe vehicle be allowed to drive on the road again?

Answer 6

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

Question 7

What does Section 116 of the LTA 1998 give you powers to do and why?

Answer 7

Arrest a person without warrant if the person has failed to comply with a direction given under Section 113 or 115 of LTA

Question 8

What does Section 118 (1) & (2) of the LTA 1998 refer to?

Answer 8

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

Question 9

How can an offence be proven against Section 118 (1) and (2) of the LTA 1998?

Answer 9

• Person must have been the owner/hirer at the time of offence
• information required must be within the owner/hirers means/ability to supply

Question 10

What does Section 118 (4) of the LTA 1998 refer to (fleeing driver)?

Answer 10

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

Question 11

When does Section 118(4) (fleeing driver) of the LTA 1998 not apply?

Answer 11

When the owner is arrested/detained in relation to the suspected offence

Question 12

What does Section 119 (1) & (2) & (3) of the LTA 1998 give you powers to do and why?

Answer 12

Powers of entry any premises which the person has entered to carry out breath alcohol testing
Good cause to suspect a person
- Has failed to stop for 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

(3) Seize Vehicle

Question 13

What does Section 121 of the LTA 1998 give you powers to do and why? What are police allowed to do?

Answer 13

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

Question 14

What does Section 121 (4) of the LTA 1998 give you powers to do?

Answer 14

Arrest without warrant someone who
- Fails to comply with FARMED
- Attempting to do an act forbidden by Section 121

Question 15

What does Section 122 of the LTA 1998 give you powers to do?

Answer 15

Power to seize and impound a vehicle for a period not exceeding 12 hours
RGTB it’s in the interest of the public safety

Question 16

What does Section 123 of the LTA 1998 give you powers to do and why?

Answer 16

Power to seize vehicle for up to 10 days to
- Preserve Evidence
- Enable Scientific Examination
- Establish Cause of A Serious Traffic Accident
RGTB
- Vehicle involved in a serious traffic accident
- Failed to stop to lights/sirens

Question 17

Under Section 95 of the LTA 1998, what are the circumstances that a license can be suspended for 28 days?

Answer 17

1. > 650mcg BREATH
2. > 130mgm BLOOD
3. > 400mcg BREATH and convicted by any relevant offence within last 4 years
4. > 80mgm BLOOD and convicted by any relevant offence within last 4 years
5. Fail/refuse blood test under Section 72&73 of LTA at request of officer/authorised medical person/at hospital
6. Drove more than 40kph over permanent speed limit
7. Drove 50kph over temp speed limit

Question 18

What does Section 96 (1A) of the LTA 1998 allow you to do?

Answer 18

Seize a vehicle for 28 days for boy racing
- Operate a vehicle in a race, unnecessary exhibition of speed on road
- Sustained loss of traction

Question 19

Why are demerit points important and how does the system work?

Answer 19

Demerit points can suspend a drivers license for recurring offences. If a person accumulates 100 or more demerits in two years. their license will get suspended for 3 months.

Question 20

Explain a Green Sticker on a Vehicle?

Answer 20

POL 650 - Fails to comply with regulations
Cannot be driven until new evidence of WOF
Defective Parts - Exhaust, Tinted Windows

Question 21

Explain the Pink Sticker on a Vehicle and what it means?

Answer 21

POL555 - Not safe for driving on the roads.
Unsafe - Structural Rust and Illegal Mods