RP03 - Traffic Law Powers Flashcards
Section 114 - Stopping vehicles and demanding details - LTA 1998
Stopping vehicles and demanding details
An enforcement officer in uniform, or wearing a cap, helmets or hat displaying badge of authority, may request or signal a driver of a vehicle to stop as soon as practicable
Or
An Enforcement officer in plain cloths may stop a vehicle by displaying red/blue lights and sounding a siren.
Power to demand:
N - Name in full
A - Address in full
D - Date of birth
P - Phone numbers
O - Occupation
O - Ownership (RO)
The driver must remained stopped for as long as reasonably necessary to:
•Obtain particulars
•Exercise any other power under the LTA act
(If you stop solely for establishing their identity, you can only delay them for 15minutes)
Arrest Power using Section 114 (6) if:
•Fails to stop
•Refuses to supply details
•Supply’s misleading or false details
Offence:
A driver who fails to comply with lawful instructions under this can act can be charged under section 52.
Any vehicle can be stopped. Section 114 is to be used to enforce LTA 1998 and other traffic related acts/regulations.
Section 113 - An enforcement officer can if an offence has been commited
D - Direct any person on a road to give:
1.DOB
2.ADD
3.Electronic Address
4.Phone number
5.Occupation
6.Name
7.Give info about their knowledge of the driver (unless their detained/arrested)
I - Inspect, test, examine vehicle/documents
M - Move or cause to be moved, any vehicle causing obstruction/hazard
D - Direct the driver/person I. Charge to move the vehicle
O - Order (forbid) an unlicensed driver not to drive
D - Direct traffic/pedestrians
Section 115 - Banning vehicles from the road
Power to direct that a vehicle not to be driven on a road (Green Sticker):
•RGTB a vehicle on a road is defective and fails to comply with regulations rules
I will provide a copy of Pol 650, and fix a green sticker to front and rear windscreen (preferably covering WOF)
*The vehicle must undergo a safety check by an authorised inspection agent. If it passes, the agent will alert Police (NIA alerts removed).
Power to direct vehicle not to be driven on a road (Pink sticker):
•RGTB a vehicle on a road is not in a safe condition to be driven on a road
I will proved a copy of Pol 555, and fix a pink sticker to front and rear windscreen (preferably covering WOF).
*The vehicle must undergo a safety check by an authorised inspection agent. If it passes, the agent will alert Police (NIA alerts removed).
Condition on the notice:
I can include a condition that it may be driven to a specified place for repair. Further conditions to green-snickered vehicles may include driving to a certain place (home, or for repair) at a particular speed or route.
Offence:
It is an offence against section 52 to remove the coloured sticker from the vehicle before it has been repaired and has a new certification.
Section 121 - Taking keys and forbidding to drive
A person in charge of a motor vehicle that:
•Because of mental/physical condition is incapable of proper control of the vehicle
•Has not completed a compulsory impairment test, or failed or refused to do one.
•Has failed or refused to a blood specimen being taken
•Is not complying with driving hours
I can carry out following actions (FARMED):
F - Forbid that person to drive for a specified time
A - All keys to be surrendered
R - Render the vehicle immobile
M - Move the vehicle causing hazard/obstruction to a place where it doesn’t cause a hazard
E - EBA offenders must be forbidden to drive for a 12hr period
D - Direct that person to a specified place to rest (i.e exceeding driving hours)
Power of arrest I can arrest a person without warrant for:
•Failing to comply with my directions
•Attempting to do an act forbidden by s121
Procedures:
•Issue a Pol 406
•Place seized keys in watchhouse, and record in key book
•If vehicles are moved to safe place record it and enter into NIA
Section 118 - Obtaining information
An officer may require the owner/hirer of any vehicle within 14 days to give all information available which may lead to:
The identification and apprehension of the driver/passenger if they have commited any offence, aided in the commission or avoided arrest through the use of the vehicle.
Obtaining info after vehicle fails to stop:
After a vehicle fails to stop the owner must immediately give all info that would lead to the id and apprehension of the driver.
If not under s118(4) I can impound the vehicle if necessary to prevent a threat to road safety.
(SECTION 118 DOES NOT APPLY WHEN ARRESTED/DETAINED)
Offence:
A driver who fails to comply with anything you have lawfully required of them under the act can be charged under section 52
Section 95 - Suspending licences for 28 days
RGTB any of the situations apply must give notice to the person that their licence will be suspended for 28 days:
- Breath alcohol over 650mcg of alcohol per litre of breath.
- Blood alcohol over 130mgm of alcohol per 100ml of blood.
- Breath alcohol over 400mcg of alcohol per litre of breath and has been convicted for any ‘relevant offence’ within the last four years.
- Blood alcohol over 80mgm of alcohol per 100ml of blood and has been convicted of any ‘relevant offence’ within the last four years.
- Blood concentration level of a listed qualifying drug exceeding the high-risk level for the drug and has been convicted of any ‘relevant offence’ within the last four years.
- The person has been found to have an unlisted qualifying drug in their blood after they failed to complete a compulsory impairment test in a manner satisfactory to an officer and has been convicted of any ‘relevant offence within the last four years.
- Failed or refused a blood test under section 72 or section 73 of the Land Transport Act:
- at the request of an enforcement officer/health practitioner/ medical officer, or
- at hospital or medical - Drove a vehicle more than 40kph over the permanent posted speed limit. (Does not apply to infringements caught on speed camera)
- Drove a vehicle 50kph over any speed limit other than the permanent one, for example, temporary speed limit, towing speed limit. (Does not apply to infringements caught on speed camera.)
Section 90 - Suspending licence/disqualification
In a two year period if a person accumulates a total of 100 or more demerits, NZTA will start a 3 month suspension/disqualification.
Police occasionally hand this out to people as they can be hard to find.
S96 - Seizing and impounding vehicles for 28 days
Must seize and impound a motor vehicle for 28 days, or authorise someone else to do this, RGTB that a person drove on a road while subject to one of these situations:
1.Disqualfied,suspended,rovoked
2.Contrary to alcohol interlock licence
3.Unlicensed and previously forbidden to drive
4.In breach of a qualifying bylaw and vehicle subject to a warning notice
5.Operated in a race/unnecessary exhibition of speed/sustained loss of traction/pouring substance to induce sustained loss of traction/recklessly, dangerously
6.Causes injury or death while driving carelessly
- > 400mcg and two previous convictions for any relevant offence within last 4yrs
- > 80mg and two previous convictions for any relevant offence within last 4yrs
9.Refuse/fails blood test and two related convictions in the last 4yrs
10.Fails to stop/remain stopped (6months)
Section 122 - Power to seize vehicles for 12 hours
If I have RGTB it is in the best interest of public safety I can seize and impound a motor vehicle for 12 hours.
Section 123 - Power to seize vehicle for up to ten working days
I can seize a vehicle for ten working days to:
•Preserve evidence
•Enable scientific examination
•Establish cause of serous traffic accident
If I have RGTB:
•Vehicle involved in serous traffic accident or hit and run
•Driver failed to stop for s114
Section 119 - Entering premises and seizing vehicles
Good cause to suspect:
•Failed to stop AND Commited reckless/dangerous driving or driving under the influence or both
AND… I’m freshly pursuing I can:
ENTER, USE FORCE, COMPLETE AN EBA
I can seize a vehicle without warrant where sections 96 and 123 apply.
Section 116 - Power to arrest
I can arrest under section 116 if I have good cause to suspect a person has failed to comply with a direction under 113 or 115.
