traffic Flashcards
RTA s4 Road
An area that is:
- open to or used by the public and,
- developed for or has one of its main uses, driving or riding of motor vehicles.
RTA s4 Road related area
(a) an area that divides a road,
(b) a footpath or nature strip adjacent to a road,
(c) an area that is not a road and that is open to the public and designated for use by cyclists or animals,
(d) an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles.
Reasons police charge in traffic matters
- Reduce road trauma
- modify unsafe driving behaviour.
Role of the police on the road
- reduce crashes through high vis policing
- detect and prosecute traffic offenders.
- Promote freedom of movement of vehicles and pedestrians.
- be role models to the community.
Stakeholders in road safety
- RMS
- NSW Police/Ambulance
- NRMA
- Local Councils
- pedestrian council
5 E’s
- education
- evaluation
- enforcement
- encouragement
- engineering
Types of defect notices
Warning
- Minor (may attach yellow)
- major (yellow)
- Major grounded (red)
Traffic offence elements
- driver/rider
- motor vehicle
- road/road related area
- specific offence.
elements Parking offence
- Motor vehicle
- Road/road related area
- specific offence
SEINS
Self Enforcing Infringment Notice Scheme
represents admission of guilt if paid. Designed to free up the court system.
RTA s76
(inspection) Defective registrable vehicle
RTA s175
Requirement for driver or rider to produce Australian driver licence and state name and address.
RTA s177
Requirement for responsible person to disclose driver identity
RTA s142
Removal of dangers and obstructions to traffic
RTA s143
Removal of unattended vehicles
LEPRA s36A
Power to stop vehicles (and search and or detain)
RTA s169A
Direction to stop light vehicle or light combination: to enable exercise of other powers
RTA sch3 cl12
Power to arrest person involved in fatal crashes for blood/urine tests.
PO may arrest a person involved in a fatal crash or a likely fatal crash and may take the person to a hospital to provide blood sample (cl5A)
RTA sch3 cl13
PO may require sobriety assessment
- Breath test driver. Negative result must be blown
- Inform the driver of a sobriety assessment.
- To be conducted at or near the place where the person underwent breath test.
RTA sc3 cl14
Arrest after failed or refused sobriety assessment
Take person to a hospital or prescribed place to provide a blood or urine
sample
CA s52A
Dangerous driving occasioning GBH or death.
-The accused
-drove a vehicle
under the influence of alcohol or drugs
at a speed dangerous to person
in a manner dangerous to person
-occasioning death or GBH of a person
CA s52a(7)
Cricumstances of aggravation
- speed in excess of 45km/h
- high range PCA
- impaired by a drug or combination of drugs
- driving to escape police pursuit.
RTA s118
Menacing driving
-the accused
-drove a motor vehicle
-on a road or road related area
-in a manner that would
intentionally menace
conduct likely to menace
-Another person
