Traffic & EBA Flashcards
What section gives you the power to arrest around forbidding to drive?
It is included in the same section 121(4)
What are the action steps regarding taking the keys and forbidding drivers?
- Seize the Keys
- Issue TON
- Create an alert in NIA for a forbidden driver.
What does section 95 give you the power to do and why?
SUSPEND DRIVERS LICENCES FOR 28 DAYS.
- 650mcg breath or 130mg blood
- Person found with 400mcg breath/80mg blood and another offence in the last four years
- Fails to complete a blood test
- +40km over the speed limit
- +50 over the temporary speed limit
- Failed or refused blood from enforcement officer or medial practitioner
What powers does the land transport Act 1998 section 90 give?
The power to disqualify drivers how have reached their 100 demerit points.
This is done on behalf of the director of the Land Transport Authority New Zealand
What does section 96 relate to?
SEIZING AND IMPOUNDING VEHICLES 28 DAYS.
- Disqualified
- Suspended or revoked
- Forbidden to drive
- Over 400 mcgs and 2x previous convictions
- Refuse blood test
When can a vehicle be seized if it is a boy racer?
RGTS a race or loss of traction + green sticker
What does section 122 relate to?
seize and impound vehicle 12 hours for the public interest and safety of the driver. + green sticker
What does section 123 relate to?
Seize and impound vehicle 7 days for forensic DNA
What does section 119 relate to?
FRESH PURSUIT
- entering a premise and seizing vehicles
- fresh pursuit seize without warrant vehicle and enter
- Officer RGTS failed to stop
What are the reason for arrest under section 114 traffic powers?
1-Fails to stop
2-False details
3-Refuses to supply details
What powers do the Police have in a general sense?
K-Keep clear unsafe vehicles S-Stop vehicles ask details of drivers and passengers S-Suspend licences S-Seize vehicles K-Keys off unsafe drivers
What does section 114 allow you to do of the Land Transport Act 1998?
POWER TO STOP VEHICLES
-demand name, address, phone number. DOB, Occ, whether they are the owner. If they are not the owner then the details of the correct owner must be given
Also there is the power for the car to be stopped for 15 minutes or reasonably necessary
What are the reasons for arrest under section 114?
Must have a uniform, cap with a badge of authority or blue, blue and red or a siren
What are the powers under section 113 of the Land Transport Act 1998?
D-Direct any person on the road to give full detail
I-Inspect test and examine
M-Move or authorize another person to move
D-Direct the person in charge vehicle move(obstruct
O-Order an unlicensed driver not to drive forbid
D-Direct a pedestrian or person driving to stop or proceed
A vehicle includes?
"a contrivance equipped with wheels, tracks and revolving runners on which it moves or is moved" hovercraft skateboard inline skates roller skates
What is the definition of a road?
A place where the public have access whether is correct or not and includes:
- Streets
- Motorways
- Beaches
- Bridges and culverts
- A paddock is a road if it is open
If I order and unlicensed driver not to drive what must I do?
a) -$400 fine +
b) -Forbid
c) -NIA alert
Under what section and what act is my power to arrest non compliance to forbidden driver?
Land Transport Act 1998 Section 116
There is an instant power to arrest for non compliance
What section is a pink sticker issued under and what is it for?
Section 115(3)(b) Unsafe vehicle
What section is a green sticker issued for and why?
Green s115(1) Defective and example is tinting and exhaust
Under what section and what act is it an offence to remove a pink sticker or green sticker?
Land Transport act section 52
What are the main reasons for taking the keys off someone and forbidding them to drive?
-Incapable of control
-Doesn’t complete a CIT test
-Fails or refuse a CIT test
3 x reasons
What section gives me the right for arrest under section 115?
This deals with pink and green stickers
The right to arrest is s116
What section gives me the right to take the keys and forbid drivers and why?
SECTION 121 F-Forbid person to drive specified time A-All keys surrendered R-Render the vehicle immobile M-Move or cause the vehicle to be moved E-EBA have to be forbidden 12 hours D-Direct for a rest if they have gone over their driving hours
What are a drivers obligations under section 22 of the land transport act 1998?
STOP ASCERTAIN RENDER ASSISTANCE Penalty 3months/4500k/6 months disqualified 5years/$20000/1year disqualified
What are the requirements that are essential to meet after a road crash or other incident?
DEATH OR INJURY = police 24 hours
PROPERTY = owner 48 hours
PROPERTY = police 60 hours
What are the four main driving offences?
Inconsiderate driving Careless driving Reckless driving Dangerous driving (power to arrest is included in each section)
What are the three boy racing offences?
36A(1)(a)=Unnecessary exhibition of speed
36A(1)(b)=Any petrol, oil or diesel fuel
36A(1)(c)=Loss of traction
What does the word accident mean?
Any event or occurrence which is untoward so far as the driver is concerned and which may possibly cause injury
What does operate mean?
to drive or use a vehicle on a road or to cause or permit the vehicle to be on a road.
What does practicable assistance mean?
is a wide term and is in no way restricted to just giving first aid
Explain the three factors that you consider prior to taking enforcement action around mobile phone use while driving?
1-Observe behavior similar to restraint enforcement
2-Witness observations
3-Mobile phones should not be used at any time at all in the vehicle
Loss of traction definition from case law?
The driver consciously allowed or caused the loss of traction. 2-3 seconds around the normal time.
What does inconsiderate mean?
Inattention thoughtless actions and omissions
driving at such a slow speed that it hinders traffic
What does careless mean?
Falling below the driving standard of a reasonable prudent driver
(indicating left but immediately changing your mind and turning right)
What does dangerous driving mean?
manner and speed which is or might have been dangerous
What does reckless mean?
Knowingly disregarding ones duty as a driver
Deliberately running an unjustifiable risk of injury or collision
Where is the power to take blood?
Section 73(5) Land Transport Act 1998 If unconscious they must be informed by writing as soon as practical
What is an exemption to BST?
Cannot require a person who is in hospital, ambulance or a doctors surgery as a result of an accident involving a motor vehicle to undergo a breath screening test
For what reason would a person need to accompany me to the Police Station?
- the driver or person being tested refuses to blow into a breath screening test
- no breath screening test is available
- if the person is over 20 years old and over 400
- If the person is under 20 years old under 250,250+over, over 400
Regarding EBA/CBT when are the caution rights given?
- immediately after you have detained them for an evidential test. “Required to accompany”.
- immediately after you have told them a positive result from the evidential breath test
- on returning to the station the caution rights are given before the evidential breath test
What must you say to the person who has to come to the Police Station for an evidential breath screening test?
I now require you to accompany me to the ………..Police station or other such place for the purpose of an evidential breath test, blood test or both.
At what point on the EBA train is the person detained?
- when a person has blown 400mcg breath and is over 20 years old
- when the person is under 20 and has blown under 250, 250 +over, over 400
- the driver or the person being tested fails or refuses to blow into the breath screening device
- No BST device is available
When a person is detained what must you do?
Caution rights and Ran
What is the first thing that you do on your return to the police station for an EBA?
Start the caution rights form
How many test are there on the EBA train?
4
- Passive
- BST
- EBT
- Blood
How long should you give a person to contact their lawyer?
10 minutes. Always allow 12
What must you say after the 10-12 minutes is up?
“I now require you to undergo an evidential breath screen test without delay”
What are the three approved EBT machines under the Land Transport Notice?
1) -Drager 9510nz
2) -Intoxilyzer 5000
3) -Seres
What four steps are carried out during an evidential breath test?
1) Press start button
2) Attach the month piece
3) Remove the mouth piece
4) Attach a new mouth piece
If the evidential breath test machine sere has a fault what will the machine read?
Test aborted OR
Test invalid
What are the reasons for arresting someone for EBA?
- Failing to remain to complete breath/blood alcohol test
- Reasonable grounds to believe they will be a risk to the public
- Doubt of identity
- Doubt for located for summons
- Ensure their appearance in court
What happens with a young person regarding EBA and issuing summons?
- person should not be summons
- the file should be prepared and sent to the youth aid section for processing and FGC
At the end of the EBA train with a failed result what happens next?
After the 12 minutes is up
A summons is issued for the person not more than two months from the date. As long as all information is sent to LTANZ within 7 days
What related offences are included under the Land Transport Act 1998?
ddfdd
What are the main reason for impounding a vehicle and what section and what act gives me the power to do so?
- Breath over 400mcg/l or 80mg/100ml + two other convictions within four years
- Failed or refused blood test + two related offences in the last 4 years
What is the name of a blood test form?
POL535
What are the reasons for a blood test in the EBA train?
1-Evidential breath test unavailable
2-The driver refuse or fails to undergo an EBT
3-Incomplete
4-A positive result so the driver elects to have a blood sample taken
What is the only drug and drunk offense?
s58-attempt to drive under the influence s58
What are the vebatim words that are said have a failed passive test?
” I require you to undergo a breath screening test without delay”
At the police station before the evidential breath test is carried out what are the verbatim words that are spoken?
“I now require you to undergo an evidential breath test without delay”
What are the key steps to a blood test?
a) -Complete part 1 of the blood specimen form
b) -Call doctor/medical
c) -Doctor confirms and reaffirms consent to procedure
d) -blood taken
e) -Medical certificate + doctor completes part B
f) -I keep the original of the form completing part 3
g) -secure blood send registered post ESR retain receipt
What are all the EBA related offences?
s59(1)(a) Fails or refuses to remain at place for BST
s59(1)(b) Fails or refuses to accompany this is to the EBT location
s59(1)(c) Having accompanied fails or refuses to remain
s60(1)(a)
Fails and refuses to give blood
S60(1)(b)
Fails or refuses blood by a registered medical practitioner or authorized person
When is a person detained on the EBA chain?
After the breath screening test.
When Must you the caution rights on the EBT procedure?
- When required to accompany
- Before the EBT
- After the EBT
What are the arrest powers for section 114?
Section 114(6)
What is the arrest power for section 115 and 119?
Section 116
What is the new limit for breath alcohol?
251-400 Micro-grams of alcohol per liter of breath OR 51 - 80 Mi-liters of blood per 100 Mil-liters of blood.
What are the four categories of EBA person?
Adult over 20
Youth under 20
Alcohol interlock licence
Zero alcohol drivers
What do you issue when the EBT comes back between 251 - 400 and they are over 20 years old?
a) Forbid to drive 12 hours (Keys)
b) ION for $200
c) 50 demerit points
What can’t happen if the adult (Over 20 yrs) blows 251-400?
They can’t elect for a blood test.
What happens if the adult over(Over 20 yrs) refuses the EBT procedure?
- $700 ION fine
- 50 demerit points
- Forbidden to drive TON 12 hours (Keys)
What are the circumstances when blood can be elected?
- Fails or Refuses
- EBT not available
- Are physically incapable
- Part of the CIT test
- Injured or hospitalized
- Over 400mcg/l breath
How are the blood cost recovered through the EBA procedure?
- Increased adult infringement penalty
- Penalty imposed by the court
- Civil recovery through PNHQ
If blood is elected with a EBT of over 400mcg/l breath and no conviction eventuates is blood still invoiced?
Yes
Are alcohol interlock and zero alcohol licences dealt with via ION or charges?
Always charges
Can a youth elect blood for under 400mcg/l?
Yes
What is the name of the new blood test form?
POL540
How many carbon copies are there of the new POL540 and who gets each one?
There are 4
- Top file copy
- Pink ESR
- Green medical practitioners copy
