RTA Flashcards
What is the authority to stop a vehicle?
A PO may for the purpose of or in connection with exercising other powers under a road law, direct
- the driver to stop the vehicle
- the driver or other person NOT to do the following
- move the vehicle
- interfere with it or any equipment on it
- interfere with its load
When does the authority fo 40H cease?
Driver receives a conflicting later direction or indicates the direction is not longer operative.
What is the authority to search a vehicle on a road or premises?
A PO may search a vehicle for compliance purposes if it is on a road or press owned by public authority, if the officer BORG
- the vehicle has been/is being/is likely to be used in the commission of an Aus road law offence; or
- the vehicle has been involved in a crash
What is the authority to request personal details?
If a PO suspects on reasonable grounds a person whose details are unknown to the officer
- is or may be a responsible person; or
- has/is/is about to commit an Aus road law offence
- may be able to assist in the investigation of a Aus road law offence or suspected offence
- is or may be the driver or person in charged of a vehicle involved involved in a crash
A pO may direct a person to produce evidence of a detail if they suspect it to be wrong
What are personal details?
- full name
- DOB
- address where the person lives
- address where person usually lives
- business address
What are a driver’s obligations where a person has been killed or injured?
Driver of a vehicle involved in a collision where a person is killed or injured must:
- immediately stop the vehicle and give all possible assistance
- not more than 90 mins after present to police for purpose of providing particulars and submitting to any requirement to undergo testing
What is misuse of a MV?
A person misuses a MV if they:
- operate the vehicle so as to produce a sustained wheel spin
- drives a MV so as to cause engine or threat noise or both, likely to disturb the peace of persons residing or working in the vicinity
- drives MV onto a park or garden or other road related area so as to break up the ground surface or cause other damage
What is careless driving?
A person must not drive a MV without due care, attention or without reasonable consideration for other persons using the road.
What aggravates careless driving?
- causes death or serious harm
- in attempts to escape pursuit
- under disqual
- Cat 2 PCA
- at excessive speed
- DUI
What is excessive speed?
A person who drives a vehicle at a speed exceeding 45 km/hr a speed limit that applies under the Act or MVA IGOO.
What is reckless/dangerous driving?
A person must not drive a vehicle recklessly or at a speed or in a manner which is dangerous to any person.
What are the considerations for reckless/dangerous driving?
- nature, condition and use of road
- amount of traffic
- traffic reasonably expected to enter the road
- other relevant circumstances
What is DUI?
A person must not drive a vehicle or attempt to put a vehicle in motion while so much under the influence of an intoxicating liquor or drifts to be incapable of exercising effective control of the vehicle.
What is the offence for pca?
A person must not drive a MV or attempt to put a MV in motion while there is present in their blood a prescribed concentration of alcohol.
How will Cat 1 PCA be dealt with?
- 1st offence MUST be expiated