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ADPP Law Final > Traffic > Flashcards

Traffic Flashcards

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1
Q

Stakeholders in NSW Road Safety

A
  • NRMA
  • Dept. of Health
  • RMS
  • StaySafe Committee
  • Police
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2
Q

Five E’s with Examples

A
  • Engineering (identify road issues and report)
  • Education (addressing community service groups)
  • Encouragement (cautions for minor offences)
  • Enforcement (issuing TIN’s)
  • Evaluation (analysing data to identify effective strategies)
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3
Q

Definition of a Motor Vehicle

A

A vehicle that is built to be propelled by a motor that forms part of the vehicle

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4
Q

Definition of a Road

A

An area open to and used by the public and is developed for, or has one of its main uses as the riding or driving of motor vehicles

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5
Q

Definition of a Road Related Area

A
  • An area that divides a road
  • A footpath or nature strip
  • An area that is not a road but is open to the public and is designated for use by cyclists or animals
  • An area that is not a road and that is open to or used by the public for driving, riding and parking vehicles
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6
Q

Roles of Police in Reducing Road Trauma

A
  • Reduce crashes through high visibility
  • Promote voluntary road user compliance with laws
  • Detect and prosecute traffic offenders
  • Promote free movement of vehicles and pedestrians
  • Be role models to the community through exemplary driving
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7
Q

When Can’t you Issue an FPN?

A
  • Outside time limits
  • Fatal crash
  • Offence not listed
  • Under 16
  • Actions of driver reported
  • Ambulance or Firefighter on urgent duty
  • Police officer on duty
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8
Q

Three Criteria for Major Crash

A
  1. Someone killed or injured
  2. Driver/s left scene without exchanging particulars
  3. Driver/s under the influence of drugs and/or alcohol
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9
Q

Priorities when Attending Crash Scene (AID BITCH)

A
  • Attend, assess, advise
  • Injured (attend to)
  • Drivers and witness identification
  • Breath test where possible
  • Impact (establish point of)
  • Traffic (ensure free flow of)
  • Crash investigation
  • How and who is at fault, deal with accordingly
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10
Q

Road Rules Rule 287

A

Anyone involved in a motor vehicle crash may be required to provide particulars to police (name and address), along with an explanation of what happened

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11
Q

PCA Ranges

A 
Novice: 0.001-0.019
Special: 0.020-0.049
Low: 0.050-0.079
Middle: 0.080-0.149
High: 0.150+
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12
Q

Who can you Breath Test?

A
  • Driver of a motor vehicle
  • Person in driver’s seat attempting to put vehicle into motion
  • Supervisor of learner driver
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13
Q

When can you Breath Test? (RCMT)

A
  • RBT
  • Crash
  • Manner of driving comes to your attention
  • Traffic offence committed
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14
Q

Power to Breath Test

A

Road Transport Act 2013 Schedule 3 Clause 3

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15
Q

Definition of Negligence

A

Doing/not doing something that a reasonable and prudent person wouldn’t/would do

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16
Q

What must we Consider when Charging with Speed or Manner Dangerous?

A

That there was an element of danger to the public

17
Q

Powers of Arrest under Road Transport Act 2013

A

Schedule 3 Clause 4 - Arrest for Breath Analysis
Schedule 3 Clause 12 - Arrest for Blood and Urine Sample at Fatal Crash
Schedule 3 Clause 14 - Arrest for Blood and Urine Sample

18
Q

Elements of Dangerous Driving Occasioning GBH or Death

A

Crimes Act 1900 s. 52A

  • The accused
  • Drove a vehicle (under influence of alcohol/drugs, manner or speed dangerous)
  • Occasioning GBH or death
  • Conveyed in or on any vehicle
  • Through an impact
19
Q

Can Police Breath Test a Rider of a Horse?

A

No, as a horse is not a motor vehicle

20
Q

What is the Age Restriction for Breath Testing?

A

There is no age restriction

21
Q

Presence of PCA

A

Road Transport Act 2013 s. 110

-It is an offence to
-Drive a vehicle
-Occupy the driver’s seat and attempt to put vehicle into motion
-Supervise a learner driver
-While the following PCA ranges are present in breath or blood:
Novice: novice drivers
Special: special category drivers
Low/Mid/High: any licence

22
Q

Presence of Drugs

A

Road Transport Act 2013 s. 111

  • It is an offence to:
    • Drive a vehicle
    • Occupy driver’s seat and attempt to put vehicle in motion
    • Occupy supervising seat for a learner driver
  • While a Prescribed Illicit Drug is present in the person’s oral fluid, blood or urine
23
Q

Driving Under the Influence

A

Road Transport Act 2013 s. 112

  • It is an offence to:
    • Drive a vehicle
    • Occupy driver’s seat and attempt to put vehicle in motion
    • Occupy supervising seat for a learner driver
  • While under the influence of Alcohol or Prescribed Illicit Drug
24
Q

Reasons to Skip Passive Test (DOPAT)

A
  • Driver admits to having consumed alcohol
  • Other occupants of car have consumed alcohol
  • Police suspect the driver has consumed alcohol
  • At scene of a crash
  • Too windy
25
Q

When Can’t we Breath Test? (SADA)

A
  • Scene of a crash (blood test taken)
  • At place of abode
  • Detrimental to their health
  • After 2 hours
26
Q

Elements of Negligent Driving

A

Road Transport Act 2013 s. 117

  • Driver/rider
  • Drove a motor vehicle
  • On a road/road related area
  • Negligently (3 levels)
    1. Occasioning GBH
    2. Occasioning death
    3. Not occasioning either
27
Q

Elements of Furious, Reckless Driving and Speed/Manner Dangerous

A

Road Transport Act 2013 s. 117

  • Driver/rider
  • Drove a motor vehicle
  • On a road/road related area
    • Furiously, or
    • Recklessly, or
    • At a speed dangerous to the public, or
    • In a manner dangerous to the public
28
Q

Elements of Menacing Driving

A

Road Transport Act 2013 s. 118

  • Driver/rider
  • Drove a motor vehicle
  • On a road/road related area
  • In a manner that would intentionally or be likely to menace another person
  • Whether or not the person is menaced
29
Q

Elements of Predatory Driving

A

Crimes Act 1900 s. 51A

  • The accused
  • Drove a vehicle in pursuit or near another vehicle
  • Engaged in conduct which threatened or caused an impact
  • With the intention of causing ABH
30
Q

Circumstances of Aggravation for Dangerous Driving (SHIP)

A
  • Speed 45km/h or greater over speed limit
  • High range PCA
  • Impaired (substantially) by a drug or combination or drugs
  • Police pursuit

ADPP Law Final (4 decks)

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