traffic law powers

Question 1

what is section 114 of LTA

Answer 1

stopping vehicles and demanding details

Question 2

what can a police officer demand under 114

Answer 2

full name and address, phone number, whether they are the car owner or not, if so who is and their full particulars

Question 3

how long can a driver be stopped under 114

Answer 3

as long as necessary but not longer than 15 minutes

Question 4

where does power of arrest come from for 114

Answer 4

Section 114(6) of LTA

Question 5

when can we arrest someone under 114

Answer 5

for failing to stop, refusing to supply details, supplies details that have good cause to suspect that they are misleading

Question 6

what is someone charged under if they fail to comply with 114

Answer 6

Section 52(1)(c) of LTA

Question 7

when may an officer use LTA 113(1)(a) and (b)

Answer 7

to enforce LTA 1998, Local Government Act 1971, Local Government act 2002, Road User Charges Act 2012, Government Roading Powers Act 1989, Railways Act 2005, Land Transport Management Act 2003

Question 8

what is a good acronym to remember 113

Answer 8

DIMDFFD

Question 9

what does DIMDFFD stand for

Answer 9

Direct a person on a road, Inspect test and examine, Move any vehicle, Direct the driver to move, Forbid an unlicensed driver, Forbid a person without a licence, Direct a person or pedestrian

Question 10

what does direct a person allow us to do

Answer 10

a person whether they are in charge of the vehicle or not to give their full name and address, date of birth, occupation and phone number, other details of identity, information to identify the driver or person in charge fo the vehicle

Question 11

what does inspect, test and examine allow to do

Answer 11

test and examine the brakes, or any part of the vehicle on a road or any associated equipment, or land transport document displayed or carried on a vehicle

Question 12

what does move allow

Answer 12

authorise another person or myself to move any vehicle if the enforcement officer believes on reasonable grounds that the vehicle on a road is causing an obstruction in the road or vehicle entrance to any property

Question 13

what does direct the driver or person in charge allow

Answer 13

to remove the vehicle from the road if the enforcement officer believes on reasonable grounds that the vehicle is causing an obstruction in the road

Question 14

what does the last direct allow

Answer 14

to direct a person using a vehicle or riding or driving an animal on the road to stop or cause it to proceed in or keep to a particular line of traffic. also direct pedestrians not to proceed across a road

Question 15

what happens when a person is found operating a motor vehicle with no driver licence

Answer 15

infringement notice, L144, $400 infringement fee, forbid the driver to drive until a licence is obtained, and arrange a NIA alert for Roadside Suspension- Forbidden

Question 16

what happens when a person is found operating a motor vehicle with the wrong class of driver licence

Answer 16

infringement notice, L144, $400 infringement fee, forbid the person to drive that class of licence, arrange for NIA alert

Question 17

what is non-compliance

Answer 17

a person is found operating a motor vehicle with no driver licence or the wrong class of licence and they have been previously forbidden to drive

Question 18

what does section 116 of LTA allow

Answer 18

arrest without a warrant, if you have good cause to suspect the person has failed to comply with a direction under 113 and 115 of LTA

Question 19

what is section 115(1)

Answer 19

allows an enforcement officer to prohibit vehicles from being driven on a road

Question 20

what does 115(1) allow

Answer 20

believe on reasonable grounds that a vehicle fails to comply with regulations or rules then a green sticker canbe used

Question 21

what does 115(3)(b) allow

Answer 21

believe on reasonable grounds that a vehicle is not in a safe condition to be driven on a road then a pink sticker can be issued

Question 22

what happens if a pink sticker is issued

Answer 22

then the car cannot be driven until; the vehicle has been inspected by an authorised vehicle inspection agent, the owner/driver is given approval to operate on a road, and new evidence of vehicle inspection is displayed

Question 23

under what section can an arrest be made for not complying with 115

Answer 23

116

Question 24

what does section 121 allow

Answer 24

taking keys and forbidding to drive

Question 25

what is a good acronym to remember 121

Answer 25

FARMED

Question 26

what does FARMED stand for

Answer 26

Forbid to drive for a specified time, All keys to be surrendered, Render vehicle immobile, Move any vehicle causing an obstruction, EBA offenders are forbidden to drive for 12 hours, Direct that person to drive to rest

Question 27

when can 121 be enacted

Answer 27

if an enforcement officer believes on reasonable grounds that; cannot be in charge of a motor vehicle because of their physical/mental condition or has not completed a compulsory impairment test or has refused or failed to undergo one

Question 28

where do powers of arrest come from for 121 and when can we arrest without a warrant

Answer 28

121(4). failing to comply with directions, attempting to do an act forbidden by 121

Question 29

what are the procedures under 121

Answer 29

issue a Pol406, place seized keys in the Watchhouse, record details in Towed vehicle log if the vehicle is moved to a safe area

Question 30

what does 118 allow

Answer 30

the obtaining of information

Question 31

what is 118(1) and (2) give an enforcement officer

Answer 31

may enquire the owner/ hirer of any vehicle to give within 14 days all info which may lead to the ID and apprehension of a driver or passenger for any offence against any act

Question 32

what does 118(4) allow

Answer 32

the owner of a vehicle used to flee a police pursuit to immediately to give information available that leads to the ID and apprehension of the driver

Question 33

what does section 95(1) allow

Answer 33

suspension of licence for 28 days

Question 34

when does section 95(1) apply

Answer 34

breath alcohol over 650mcg, blood alcohol over 130mgm, breath alcohol over 400mcg and convicted of any offences within 4 years, blood alcohol over 80mgm and convicted of offences within 4 years, failed or refused a blood test under section 73 or 73, drove over 40kph in a permanent speed limit, drove 50khp over any speed limit that is not permanent

Question 35

what are relevant offences in relation to 95(1)

Answer 35

section 56(1) and (2), 57A, 58(1), 60(1), 61(1), 61(2)

Question 36

what is section 90(1)

Answer 36

suspending licences and disqualifying from driving

Question 37

what does section 90(1) mean

Answer 37

that anyone in a 2 year period that has accumulated over 100 demerit points, the director must give in writing that the licence is suspended for three months

Question 38

what is a POL1006

Answer 38

a notice of driver licence suspension and disqualification for excess demerits. it is used on a 'person of interest'

Question 39

what is section 96

Answer 39

seizing and impounding vehicles for 28 days

Question 40

what is section 119(1) and (2)

Answer 40

an enforcement officer can without a warrant in course of a pursuit enter any premises to exercise or complete EBA procedures if they have failed to stop and are dangerous or recklessly driving OR is driving under the influence