Traffic

Question 1

Form of demand?

Answer 1

Road and transport act section 177 - An officer can require owner of vehicle to disclose identity of person driving at the time of offence
Road transport act 175 requires driver to provide identification at a traffic stop

Question 2

Legal ranges for PCA offences

Answer 2

• Novice range PCA
  0.001 - 0.019
  Applies to learner license holders, P1 and P2 license holders, unlicensed drivers
• Special Range PCA
  0.020 - 0.049
  Applies to driver of passenger vehicle (bus, uber), driving vehicle with inappropriate class license. Driver whose license has been cancelled, disqualified.
• Low range PCA
  0.050 - 0.079
• Mid range PCA
  0.080 - 0.149
• High range PCA
  0.150 - or higher

Question 3

Difference between breath test and breath analysis

Answer 3

Breath test - Conducted roadside. Only an indication that PCA offence MAY have been committed. No actual offence at this stage
Breath analysis - Conducted at the station of the RBT bus. After an arrest for a positive (standard breath test) or refusal to take the breath test

Question 4

Difference between passive test and standard test (both are roadside tests)

Answer 4

Passive test - tube is NOT attached to the instrument and driver does not blow into the instrument. Shows and indication of the presence of alcohol not concentration. Allows for quick testing to avoid disrupting flow of traffic
Standard test - conducted after a positive passive test, when driver admits to drinking, windy conditions, driver involved in collision. Standard test MUST be performed before police submit to a sobriety test.

Question 5

When cant we breath test

Answer 5

• If driver has been admitted to hospital where a blood sample has been taken
• Any time after the expiration of 2 hours after the incident
• At the persons home/ driveway

Question 6

Who can we breath test

Answer 6

Police can breath test when they have reasonable cause to believe that the person:
- Is or was the driver of a motor vehicle
- Is or was occupying the drivers seat of a motor vehicle and attempting to put it in motion
- Is the holder of a drivers license and is was seated next to a learner license holder who was or is driving the vehicle

Question 7

What is sobriety assessment and what section

Answer 7

Road transport Act Sch 3 clause 13
Involves making observations only. If fail, arrest driver for the purpose of obtaining a blood and urine sample
- Driver must have submitted a roadside breath test which resulted in a negative result
- Police must have reasonable belief that the person may be under the influence of a drug other than alcohol
- Assessment of sobriety must be conducted at or near the place where the breath test happened

Question 8

Taking blood samples and what section

Answer 8

Road and transport Act Sch 3 cl 11
Blood samples to be taken in hospitals from crash patients by medical professionals to check for alcohol (can include drug)
Driver must be at least 15 years or older

Question 9

Other criteria for testing

Answer 9

• Act advices blood should be taken within 12 hours
• If believe driver may be affected by drugs can request blood be tested for drugs. Submit report indicating suspicion
• Blood testing certificate when medical practitioner takes blood

Question 10

Criteria for a major crash

Answer 10

• Was any person killed or injured
• Did any of the drivers leave the scene without providing their details
• Was any driver involved under the influence of alcohol or drugs