Traffic Flashcards
Name sec 113 and 114 of the LT act 1998
113 - Allows you to get a persons details when they are on a road. e.g passengers of a car. Have caused an offence against an act
114 - Allows you to stop a vehicle and get the details of the driver
Out line sec 113 of LT act 1998
General powers of the transport legislation to enforce the provisions of the diffrent acts
LT Act 1998 Local Government act 1974 + 2002 Road user charges act 2012 Government Roading Powers act 1989 Railways act 2005 Land Transport Management act 2003
Power of arrest for not stopping?
Sec 114 LT act 1998
- Arrest without warrant.
- Fails to stop
- Refuses to supply details or supplies details that you have good cause to suspect are false or misleading.
List the powers under LTA 1998
- Stop vehicles and obtain driver and passenger details
- General power to keep road clear and free
- Taking keys from unsafe drivers
- Suspend licenses + forbid people from driving
- Seizing vehicles
DIMDFFD - Sec 113 LT Act 1998
DIRECT - a person on a road (vehicle or no vehicle) to give own details or details of vehicle owner
INSPECT - Test and examine any part of vehicle on road and any document displayed on vehicle
MOVE - or authorise someone to move a vehicle if it is causing an obstruction on the road or entrance. Or for safety get it moved to a safe location
DIRECT - the driver or person in charge of vehicle to move it to a place that is not causing an obstruction or safety issues
FORBID - unlicensed driver to drive
FORBID - an unlicensed perdon to operate a transport service that needs a license
DIRECT - Traffic and people - Point duty
License infringement steps
Issue $400 infringement
Forbid person to drive or drive that type of vehicle
Arrange an appropriate NIA alert
Power of arrest
Sec 116 of LT act 1998
arrest without warrant if
good cause to suspect person has failed to comply with a direction given under sec 113 or sec 115 LTA 1998
How long to establish the identity of a person
If stopped under 114 - a reasonable amount of time to establish identity and exercise any power
If stopped solely to check identity the 15 minutes.
What must be displayed when stopping a person
Part of uniform displaying badge of authority
vehicle displaying blue or blue and red flashers
Rights caution
you have been arrested for
You have the right to remain silent
You do not have to make any statement
Anything you say will be recorded and may be given in evidence in court
You have the right to speak with a lawyer without delay and in private before deciding whether to answer any questions
Police have a list of lawyers you may speak to for free
Do you understand these rights
SELF Test
Scrutiny
Ensure Compliance
Lawful
Fair
What sticker is used for a vehicle that fails to comply with regs or rules.
E.G - Defective exhaust or tinted windows.
Green sticker (POL650)
Cannot bee driven until ne warrant acheived. Notified in writing of new wof.
Can direct to drive to a place.
May arrest without warrant under 116 for failing to comply with directions under 115
What sticker is used for a vehicle that is not safe to be driven on a road.
E.g Has illegal mods or structural rust.
Pink sticker (POL555)
Vehicle may not be driven on a road until inspected by agent.driver given approval
new inspection is displayed.
May arrest without warrant under 116 for failling to comply with directions under 115.
What is section 121 of LTA 1998?
Power to take keys or forbid from driving.
Can arrest under 121 without warrant for failing to comply with directions or for attempting an act forbidden by section 121.
FARMED for Sec 121 lTA 1998
- Forbid a person to drive for a specified time
- All keys to be surrendered
- Render the vehicle immobile
- Move or cause to be moved a vehile causing an obstructing or a hazard
- EBA offenders must be forbidden to drive for a 12 hour period
- Direct that person to drive to a specific place to rest if they have exceeded their driving hours.
Section 121 procedures
- Issue POL406 stating what prohibitions and actions
- Place seized keys in watchhouse and recoed in seized key book.
- Record details of tow in Towed vehicle log and enter an alert in NIA.
Section 118 of LTA 1998 ?
Obtaining infromation from the owner or hirer of any vehicle within 14 days which may lead to the I.D or apprehension of the driver or passwenger that has or aided in commiting an offence against any act
Section 95 of LTA 1998
Suspend licences for 28 days
Breath Alc <650mcg per Ltr or 400 if convicted in last 4 yrs of relevant off
Blood Alc <130 mgm per Ltr or 80 if convicted in last 4 yrs of relevant off
Failed or refused a blood test under 72 or 73
40kph over permanent speed
50kph over other speed limit, temp or towing
Section 90 of LTA 1998
Suspending licences and disqualifying from driving. In 2 years have 100 or more demerits Roadside suspensions. under sec 90 Serve a POL1006 Get DL Get Querry Driver Licence Complete POL1006
Sectio 96 LTA 1998
Seizing and Impounding vehicles for 28 days
If Revoked disqualified etc licence
No licence and previously forbid to drive
Vehicle in a race /sustain loss of traction
Failed to stop / remain stopped
Breath alc <4400 and have 2 previous relevant conv
Blood alc <80 and have 2 previous relevant conv
Failed/refused to give blood and have 2 previious relevant conv
Sec 96 DLSO
Driver Licence Stop Order
Unpaid fines.reparation MOJ can issue a DLSO
Illegal Street Racing - May impound cars for 28 Days.
Sustained Loss of traction - Impound for 28 days.
Sec 122 of LTA 1998?
Power to seize vehicle for 12 hours
In the interst of public safety
May extend 12 hours
Last resort as in the Mohaka viaduct tragedy
Sec 123 of LTA 1998?
Power to seize vehicle for up to 7 days To Preserve evidence Enable scientific examination Establish the cause of serious accident If Believed vehicle to be in an accident/hit and run Driver failed to stop
Sec 119 of LTA 1998
Powers of entry to carry out Breath alcohol test
If failed to stop, committed/ committing and offence, under influence
Powers to enter and seize vehicle
If freshly pursuing vehicle
Vehicle to be moved/concealed/destroyed/didposed of
About to be used on a crime
Impracticable to obtain a warrant
