Traffic Flashcards
What does DIMDFFD stand for?
- Direct - someone to give you details
- Inspect - vehicle and or documents
- Move- vehicle to a safe place
- Direct - a driver to move
- Forbid - an unlicensed driver to drive
- Forbid- a transport service to drive
- Direct - point duty, pedestrians
What are Pink and Grren stickers and when are they issued?
POL 555 - Pink sticker, for unsafe vehicles
POL 650 - Green sticker, for defective vehicles
Both cancel a WOF immediately
Define cruising
- Draws attention to the power or sound of a vehicle
* Impedes traffic flow
When is a person required to provide a blood sample?
- An evidential breath test is unavailable
- The driver refuses or fails to undergo the EBT
- An “incomplete” test result is obtained
- A positive result is returned and the driver elects for a blood sample
If a person is over 20 years of age and blows a score of 250-400 can they elect for a blood sample?
no
What should you do if someone refuses to accompany you to the police station?
Warn them that they may be arrested for failing to accompany but if they are arrested bail will be considered
What are your duties during the 10 minute period in relation to right to request blood?
The person can call their lawyer
Under no circumstances advise them of what to do
What offences can someone be arrested for during the EBA process?
- failing to accompany for EBT
- Failure to give EBT
- failure to give evidential blood test
- failing to remain for BST
- failing to supply a medical practitioner with blood sample
What are two requirements you can make during the EBA process?
- Require to undergo a BST without delay
- Require to accompany me to the station or other such place for:
- Require EBT or
- Require Evidential blood test or both
Identify the age requirements for EBA
Under 20 years old
- No alcohol
- under 150 mcg or 30 mg - fine
- over 150 mcg or 30mg - Court/ loss of licence
Over 20 years old
- 250-400 mcg - fine
- 50-80 mg - fine
- over 400mcg - Court/LOL
- over 80mg - Court/LOL
When can a constable request a breath screening test?
- Any person driving on a road
- Any person attempting to drive
- Any person you have good cause to suspect has committed an offence involving the driving of a motor vehicle
- driver of a motor vehicle in an accident
- where driver is not known and you have cause to suspect a passenger
what are some observations or evidence that can prove impaired driving?
When mobile
- weaving across the road
- headlights off
- straddling centre line
when stopping
- striking the curb
- stopping abruptly
Physical signs
- slurred speech
- blood shot eyes
- lack of balance
- flushed skin
What are causes of driver impairment?
- drugs
- alcohol
- medicine
- medical illness/condition
Who can take a blood specimen?
The medical practitioner who is providing for the persons immediate care
another registered medical practitioner or medical officer
What is the medical practitioner obliged to know or do under statute before taking a blood sample?
- have reasonable grounds to suspect the person is in their care as a result of the accident
- be satisfied the taking of blood won’t be prejudicial to the persons proper care
- tell the person the sample is being taken under S.73 for evidence
what happens to a blood specimen taken under S.73 of the LTA?
A medical practitioner responsible for the person will take the blood sample and hand it over to police for analysis
where is the power to obtain a blood specimen found?
Section 73 of the LTA
under what section and circumstances can a license be suspended for 28 days?
Section 95
- Person found with >650mcg or >130mg of breath/blood alcohol
- Person found with >400mcg or >80mg breath/blood alcohol and has one relevant conviction
- person refuses blood test under section 72 & 73
- person drove over 40kph above speed limit
- person drove over 50kph over a temporary speed limit
When can an officer seize a vehicle under section 119?
- Freshly pursuing a vehicle
- the vehicle is removed, concealed, destroyed
- they suspect on reasonable grounds the vehicle will be used for a crime
- it is impractical to get a warrant
when can you arrest under section 119?
- Failing to remain for EBT
- Failing to accompany you
- driving under the influence of drink or drug
- refusing to remain for blood
- assaulting an enforcement officer
what powers are given for vehicle seizure under section 119?
An officer can enter without warrant enter by force if necessary a building where a vehicle which sections 96 and 123 apply is being kept, to seize or impound a vehicle
what powers does section 119 grant for entry without warrant?
to enter a premises by force if necessary for the purpose of EBA testing
under what circumstances can you use section 119?
when an officer has good cause to suspect any person has failed to stop for blue and reds AND
-has committed an offence (careless driving)
-is under the influence of alcohol
AND
you are freshly pursuing them
What are the powers under Section 114?
You can stop a vehicle and demand the driver state:
- their full name, address, DOB, occupation and telephone number.
- whether they own the car
- the name and address of the owner if they are not the owner
If you stop a driver under Section 114 how long can you delay them for?
15 minutes
When can you arrest without warrant under section 114?
- If a driver fails to stop
- refuses to supply details
- supplies details that you have good cause to suspect are false
What is your power to arrest for offences under S.113 & S.115?
Section 116
What are the powers under Section 113?
- Direct - someone to give you details
- Inspect - vehicle and or documents to ensure it is adhering to WOF standards
- Move- or authorise someone to move a vehicle to a safe place
- Direct - a driver to move
- Forbid - an unlicensed driver to drive
- Forbid- a transport service to drive if they dont have a licence to provide transport services
- Direct - point duty, pedestrians
What are the differences between Section 113 and Section 114?
- Section 114 allows you to stop vehicles
- Section 113 does not allow you to stop vehicles
- Section 114 allows you to demand details from a driver you have stopped.
- Section 113 (2) allows you to obtain a persons details on a road who has committed an offence against certain acts specified in S.113(1)
What are the powers of Section 115 and why do you them?
Green sticker - when a vehicle fails to comply with regulations
Pink sticker- when a vehicle is not in a safe condition to be driven
What are the powers under Section 121?
F-Forbid the person to drive
A-All keys surrendered
R-Render a vehicle immobile
M-Move a vehicle that could be a hazard
E-EBA offenders are forbidden to drive for 12 hours
D-Direct that person to drive to a specified place to rest
What section and for how long do you suspend a driver for over 100 demerits in a two year period?
Section 90
- 3 months
- suspension begins immediately
If you seize a vehicle or warn under section 96A what must you do? and under what section?
Green sticker the vehicle Section 115
Under what circumstances can police seize a vehicle for 12 hours?
Section 122
this is a last resort and is enacted if you believe on the grounds of public safety the vehicle shouldnt be driven
Define “stop” “ascertain” “render” “operate” under section 22 of LTA
Stop - their vehicle
Ascertain - if anyone is injured
Render - all potential assistance to anyone injured or killed
Operate - the person driving the vehicle
What are the duties of any driver involved in a crash?
stop and ascertain if their are any injuries and render aid. Report any injury or damage
How long does a driver have to report an accident involving damage to vehicles or property and what do they report?
48hrs to report to the owner their name, address, rego plate, and crash location. If they cant find them they have 60hrs to report it to a police station
If a person is caught with EBA, how long are they forbidden to drive?
12 hours
If an accident involves injury or death how long does the driver have to report it and who do they report it too?
- 24 hours
- the nearest police station
- or an enforcement officer
Explain section 22(1), (3) & (4) of the LTA
S22(1) where accident occurs a driver must stop and ascertain if anyone is injured and render assistance
S22(3) where a crash involves injury or death the driver must report it in person at the police station or to an enforcement officer
S22(4) where an accident involves damage to unoccupied vehicles or property a driver must report it (as above)
Under what circumstances can you seize a car for 7 days?
Section 123
- preserve evidence
- enable scientific examination
- establish the cause of a serious crash
When would you forbid someone to drive under Section 121?
When they are in no physical or mental condition to drive
OR
is not complying with driving hours
Under what section and circumstances can a car be seized for 28 days?
You MUST IF PRACTICAL seize and impound a vehicle if:
- a driver is disqualified from driving
- have a suspended or revoked licence
- EBA or Blood alcohol and 2 relevant convictions
- FAILED to give blood under S72 & S73 or section 96A, you MAY seize & impound
- a vehicle is operated in a race, unnecessary exhibition of speed or acceleration
- vehicle underwent sustained loss of traction , Section 96 & 96A
What are the powers under Section 118?
Any owner of a vehicle involved as part of an offence has 14 days to provide the details of the driver or identification of the passenger in the vehicle during the offence
