Traffic Compliance Scheme Flashcards
What is traffic compliance?
It is an alternative to paying a traffic infringement fine or prosecuting for minor offences i.e where an ION would be issued only
When are you not eligible for traffic compliance?
Offences where a charging document would be issued i.e driving while forbidden and under 14yrs
Verbal warnings can be applied when?
A minor lapse or inattention not related to the “Fatal Five” or serious traffic offending. i.e inappropriate lane changes
Traffic Compliance OR Written Traffic Warning
Traffic compliance issued for minor non-compliance i.e recently overdue WoF/CoF, defects OR WTW if compliance doesn’t apply a WTW maybe issued for 1st minor traffic offending i.e careless, inconsiderate driving, speed over the limit but below the tolerance (unrelated to the Fatal5)
ION is issued when?
For general traffic offending i.e excessive speed, no restraints
Charging document is issued when?
For high end traffic offending i.e drivers overtaking in a dangerous driving manoeuvre, or excess breath alcohol
Factors to consider when offering compliance?
1ST offence of this nature/notice GIVEN for a similar offence, Appears APOLOGETIC/RESPONSIVE, EXPLANATION given is REASONABLE/why nothing was done/is it booked in for repairs, AGGRAVATING factors, How long the FAULT/PROBLEM has been known
Compliance procedure; 1 - 5 (1)
1-ION
Compliance procedure; 1 - 5 (2)
2-EXPLAIN exactly what is required of them to avoid paying a fine i.e what has to be fixed, when, what to send to PIB to prove the fault has been fixed, CONSEQUENCES of FAILING to COMPLY
Compliance procedure; 1 - 5 (3)
3-Make it CLEAR that TC allows them time to correct a fault/defect ($$ saved by not paying a fine)
Compliance procedure; 1 - 5 (4)
4-Offender understands obligations WRITE details in NOTES section of the ION i.e EXP date WoF, the WORDS “COMPLIANCE OFFERED” on the front of the ION and number of days offer of compliance is valid for (14-28 days depending on the offence), if more than one offence then TC MUST CLEARLY INDICATE WHICH OFFENCE
Compliance procedure; 1 - 5 (5)
Give the offender an opportunity to ask final questions
General guidance on traffic warnings
Only given to motorists when they commit offences that are considered minor breaches of traffic law and are likely to be one-off i.e changing lanes without indicating
Circumstances justifying verbal warnings?
Dependant on the nature and history of the driver, constable may use discretion and MUST be satisfied that the offending would not better warrant the use of a WTW or more stringent intervention
A key thing to remember about verbal warnings?
It can accompany other actions such as an ION/WTW, by NOT RECORDING an ACTION a driver may continue to repeat the behaviour
Can other road users like pedestrians and cyclists be issued with a verbal warning?
Yes
