RP02 Flashcards
Defination of a Motor Vehicle
A vehicle drawn or propelled by mechanical power and includes a trailer.
Any electric vehicle with a motor greater than 300W
Operate
To drive or use the vehicle on a 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.
Vehicle
A contrivance equipped with wheels,tracks or revolving runners on which it moves or is moved.
Types of Licences
Learner (blue)
Restricted (yellow)
Full (green)
Limited licences
Limited licence - carry out court order conditions at all times
Alcohol interlock licence - only drive vehicles which are fitted with an alcohol interlock device.
Zero Alcohol Licence - must maintain a zero alcohol limit when driving.
Section 31 - failing to comply with learner/restricted conditions
Contravening conditions of these licences is always infringement offence, fee $100 and 35 demerits.
Section 31 - no driver licence or failing to produce licence
(a) drive a motor vehicle on a road
- with an expired licence OR
- without an appropriate driver licence
(b) drive a motor vehicle contrary to the conditions of driver licence
(c) driver of motor vehicle and fail to produce for inspection without delay when required by enforcement officer. OR
(d) fail to return driver licence to NZTA when required.
Maxium penalty section 31
On conviction for an offence fine not exceeding $1000
Section 30, returning drivers licence
- licence suspended or revoked
- disqualified from holding or obtaining
- licence superseded by another licence
Section 32 - driving while disqualified. Offence if they drive motor vehicle on road while
(a) driving while disqualified from holding or obtaining
(b) contrary to limited licence
(c) while licence suspended or revoked
Who disqualifies, suspends and revokes?
Court - disqualifies
Police - suspends
NZTA - revokes
Arrest vs summons
Time, place, circumstance
Section 37 - Inconsiderate or careless use
- operates
- a VEHICLE
- on a road
- CARELESSLY or WITHOUT REASONABLE CONSIDERATION OF OTHER ROAD USERS.
Inconsiderate
Inattention or thoughtless actions or ommisions as well as deliberate ones, which is inconsiderate to other road users
Careless
Falling below the driving standards of a reasonable prudent motorist
Section 35 - Reckless or Dangerous driving
Operates
A MOTOR VEHICLE
On a road
Recklessly OR in manner/speed which may be dangerous to any public / any person.
Reckless definition
- KNOWINGLY disregarding ones duty as a driver
- DELIBERATELY running an unjustifiable risk of injury or collision.
Involves an element of intent (mens rea)
Sectio 22A - engaging in unauthorized street or drag racing
(a) commites an offence if:
Operates a VEHICLE
In a race OR in an unnecessary exhibition of speed or acceleration
On a road
(b) without reasonable excuse
Intentionally pours onto OR places on OR allows to spill onto
A road
Any petrol, oil or diseal fuel OR any other substance that causes loss of traction
(c) without reasonable excuse
Operates a VEHICLE on a road
In a manner that causes sustained loss of traction
Power of arrest for 22A
Power of arrest from section 315 Crimes Act 1961 for (a) and (c)
Moblie phone use
Secured in a mounting fixed to vehicle can be used as long as phone is manipulated infrequently and briefly.
