RP03 Conducting Vehicle Stops

Question 1

When can a stopped vehicle’s passengers be required to supply their details?

Answer 1

Under s 9 of the Search and Surveillance Act 2012 which applies if a Constable had reasonable grounds to suspect that a person is

(a) Unlawfully at large
(b) Has committed an offence punishable by imprisonment

AND believes that person is in the vehicle

Note: The power to demand passengers supply details comes from s 10 of the SS Act 2012.

OR

Under s 113 of the Land Transport Act 1998 if the passengers have committed an offence against that Act.

Question 2

When is the 15 minutes rule to establish identity not required?

Answer 2

When the car is stopped under s 9, 121 or 32 of the Search and Surveillance Act 2012 you can require the vehicle to remain stopped as long as required to carry out the requirements of the Act.

Question 3

Are IONS (infringement notices) an instant fine?

Answer 3

No, it’s a simple way for the driver to admit guilt and pay the fine without having to go to Court.

Question 4

Can any offence be an ION?

Answer 4

No, only certain offences are classed as ‘infringement offences’

Question 5

What is a Road Safety Directive?

Answer 5

A written notificatoin of a forbidden activity for the offending driver (e.g. an unlicensed or intoxicated driver forbiden to drive).