Traffic Flashcards
4 Elements of a Traffic Offence
- The Driver
- Motor Vehicle
- Road/Road Related Area
- Offence
S. 36A LEPRA
Power to stop motor vehicles
PO may stop a vehicle on reasonable suspicion the vehicle contains a driver/passenger who may be lawfully arrested, detained or searched.
s. 169A RTA 2013
Direction to stop light vehicle or light combination to enable exercise of other powers.
s. 175 RTA 2013
Driver/Rider to produce driver’s license and state name/address
s. 177 RTA 2013
Vehicle owner to disclose driver identity
If driver of a motor vehicle has committed an offence the responsible person for vehicle must:
• Immediately give information as to the name and address of the driver
Elements of a Parking Offence
- Motor Vehicle
- Road related area
- Elements specific to the offence
What defines a Major Crash?
- Person killed or injured
- Drivers leave scene without exchanging particulars
- Drivers under the influence of Drugs or Alcohol
Priorities Attending a Crash Scene (AID BITCH)
A – Attend, assess and advise I – Injured to be tended to D – Driver and witness identities B – Breath test drivers (2hr window) I – Impact preliminary point of T – Traffic ensure the free flow of C – Crash investigation H – How and who is at fault
Road Rules 2014 (NSW) s. 287
Driver to provide an explanation of what happened in the crash. They are to provide:
- drivers name and address
- vehicle owner’s name and address
PCA Ranges
- Novice Range 0.001 – 0.019 g/210L
- Special Range 0.020 – 0.049 g/210L
- Low Range 0.050 – 0.079 g/210L
- Middle Range 0.080 – 0.149 g/210L
- High Range 0.150 g/210L and above!
s. 110 RTA
Presence of Prescribed Concentration of Alcohol.
It is an offence to:
o Drive a vehicle
o Occupy driver’s seat and attempt to put vehicle in motion
o Occupy supervising seat for a learner driver
s. 111 RTA
Presence of Drugs - “Illegal Drugs”
S. 112 RTA
Driving Under Influence - DUI
5 Reasons to bypass the passive test: DO PAW
- Driver admits to consuming alcohol
- Other occupants have consumed alcohol
- Police suspect driver has consumed alcohol
- At scene of crash
- Windy
When do we breath test a driver? ROSI
- RBT
- Committed an Offence
- Suspected of consuming alcohol
- Involved in a crash
When don’t we breath test a driver? CADA
- Conveyed to hospital
- At their place of abode
- Detrimental to their health
- After 2 hours
Questions following arrest for PCA:
- What time was your first drink?
- What time was your last drink?
- Where did you consume these drinks? • How many drinks did you have?
- What size of drink?
- What type of drink?
- Did you eat anything while drinking?
Observations - Arrest for PCA
- Breath and breathing – smell of intoxicating liquor on breath
- Face - sallow pallor, flushed etc.
- Eyes - blood shot, watery etc.
- Skin - sweating, etc.
- Speech - slurred, slow, fast etc.
- Actions - movements and balance • Attitude - talkative, indifferent, etc. • Clothing - dishevelled etc.
Blood Samples to be Taken in Hospitals from Crash Patients- CL11/Schedule 3 RTA
This clause compels medical practitioners to take blood from crash patients in hospital when the patient was:
- Driving a motor vehicle
- Occupying the driver’s seat and attempting to put the -motor vehicle into motion
- Supervising a learner driver
- Pedestrian
- Riding a horse
- Driving anything other than a motor vehicle
CL. 14 / SCH. 3 RTA – Arrest Following a Failed / Refused Sobriety Assessment
PO may a arrest person if they have failed or refused a sobriety test.
After arrest, PO may:
Take person to a hospital or prescribed place to provide a blood or urine sample
May use reasonable force in doing so
Blood and urine must be obtained within 4 hours
S. 117(1) RTA – Negligent Driving – “Neg Driving”
• The accused
• Drove a motor vehicle
• On a road or road related area • Negligently (3 levels):
o (A) occasioning Death
o (B) occasioning GBH
o (C) neither GBH or death (the most common charge)
S.117(2) RTA - Speed Dangerous
Driving at a speed dangerous to the public. The prosecution has to prove that someone was in danger at the time.
Observations: DUI Assessment
Face - sallow pallor, flushed etc. Eyes - blood shot, watery etc. Smell - intoxicating liquor on breath Skin - needle marks, sweating, etc. Speech – slurred, slow, fast etc. • Actions - movements and balance • Attitude - talkative, indifferent, etc.
What power do police use to do a breath test and then arrest for breath analysis?
Schedule 3, Clause 3 for breath test
Schedule 3, clause 4 for breath analysis
Manner Dangerous: s. 117 RTA 2013
A combination of driving offences that amounted to satisfying a consideration of ‘danger’.
E.g. speeding, not giving way, disobeying traffic control signs.
Menacing Driving: s. 118 RTA 2013 Give examples:
Tailgating extremely close to the vehicle in front
Travelling behind another vehicle and flashing headlights and sounding the horn
Speeding in front of another vehicle and then braking harshly
Driver on road points his vehicle at a person on private property / footpath / road, causing the wheels to spin and screech so as to frighten the other person
Predatory Driving: Crimes Act 51A
The driver of a vehicle who:
While in pursuit of or travelling near another vehicle,
Engages in conduct that causes or threatens an impact involving the other vehicle; and
Intends to cause a person in the other vehicle actual bodily harm,
Is guilty of an offence
Example: swerving at a car and running it off the road. Intent to cause ABH
Manner/Speed Dangerous Elements
Driver Motor vehicle Road/road related area Drive in a manner dangerous, OR Drive at a speed dangerous to the public
Examples of Neg Driving:
Driving too fast when vision affected, eg; sun, rain, fog, headlights, snow, dust.
Driving whilst fatigued
Not having proper lookout
Driving a motor vehicle knowing it to be unsafe
Dangerous Driving Causing Death or GBH s. 52A Crimes Act
Driver
Vehicle
Involved in an impact
Occasioning death or grievous bodily harm
and at the time of impact
Under the influence of intoxicating liquor or drug, OR
At a speed dangerous to another person(s), OR
In a manner dangerous to another person(s)
Circumstances of Aggravation for dangerous driving causing death or GBH: SHIP
S – Speed 45km/h or greater above speed limit
H – High range PCA
I – Impaired (very substantially) by a drug or combination of drugs
P- Police Pursuit
