RTA Flashcards

1
Q

What is the authority to stop a vehicle?

A

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
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2
Q

When does the authority fo 40H cease?

A

Driver receives a conflicting later direction or indicates the direction is not longer operative.

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3
Q

What is the authority to search a vehicle on a road or premises?

A

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
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4
Q

What is the authority to request personal details?

A

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

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5
Q

What are personal details?

A
  • full name
  • DOB
  • address where the person lives
  • address where person usually lives
  • business address
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6
Q

What are a driver’s obligations where a person has been killed or injured?

A

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
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7
Q

What is misuse of a MV?

A

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
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8
Q

What is careless driving?

A

A person must not drive a MV without due care, attention or without reasonable consideration for other persons using the road.

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9
Q

What aggravates careless driving?

A
  • causes death or serious harm
  • in attempts to escape pursuit
  • under disqual
  • Cat 2 PCA
  • at excessive speed
  • DUI
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10
Q

What is excessive speed?

A

A person who drives a vehicle at a speed exceeding 45 km/hr a speed limit that applies under the Act or MVA IGOO.

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11
Q

What is reckless/dangerous driving?

A

A person must not drive a vehicle recklessly or at a speed or in a manner which is dangerous to any person.

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12
Q

What are the considerations for reckless/dangerous driving?

A
  • nature, condition and use of road
  • amount of traffic
  • traffic reasonably expected to enter the road
  • other relevant circumstances
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13
Q

What is DUI?

A

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.

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14
Q

What is the offence for pca?

A

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.

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15
Q

How will Cat 1 PCA be dealt with?

A
  • 1st offence MUST be expiated
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16
Q

When may a drive testing station be established?

A

A DTS may be established at any time on or in the vicinity of any road for the purpose of enabling screening tests to be conducted in relation to a persons driving MV on the road.

Must vibe established with warning devices as necessary for vehicles to be stopped in a safe and orderly manner.

17
Q

What is the authority to submit a person to an alco?

A

A PO BORG a person:
- is driving, has driving a MV; or
- is attempting or has attempted to put a MV in motion; or
- is acting or has acted as a QSD for a learner
May require that person to submit to alco, BA or both

18
Q

What happens when a person cannot comply with alco/BA for medical reasons?

A

PO must do all things reasonably necessary to facilitate the taking of a sample of blood by:

  • a med practitioner nominated by the person; or if not practical
  • Any med practitioner available to take the sample
19
Q

When may a person make a defence for failing to comply with direction?

A
  • sample of blood taken
  • a request made to have a sample of blood but PO did not facilitate or med practitioner not reasonably available
  • taking of blood was not advisable by reason of a physical or medical condition
20
Q

What are random testing powers?

A

When a PO directs a MV to stop or makes requirement to submit to an alcotest/drug screen they must:

  • be in uniform
  • be in a marked police vehicle OR displaying red and blue lights or sounding an alarm
  • alco is in immediate vicinity or possession
  • not cause any undue delay or inconvenience
21
Q

When will blood tests be compulsory?

A

Within 8 hours of collision a person above the age of 10 attends a hospital for treatment the med practitioner will take a blood sample ASAP.

22
Q

When can ILOLs be issued?

A
  • PCA Cat 2 & 3
  • Failure to comply with alcotesting.
  • Failure to comply with drug screening.
  • Refusal for crash blood with false statement or general refusal without reason.