traffic law powers Flashcards
what is section 114 of LTA
stopping vehicles and demanding details
what can a police officer demand under 114
full name and address, phone number, whether they are the car owner or not, if so who is and their full particulars
how long can a driver be stopped under 114
as long as necessary but not longer than 15 minutes
where does power of arrest come from for 114
Section 114(6) of LTA
when can we arrest someone under 114
for failing to stop, refusing to supply details, supplies details that have good cause to suspect that they are misleading
what is someone charged under if they fail to comply with 114
Section 52(1)(c) of LTA
when may an officer use LTA 113(1)(a) and (b)
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
what is a good acronym to remember 113
DIMDFFD
what does DIMDFFD stand for
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
what does direct a person allow us to do
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
what does inspect, test and examine allow to do
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
what does move allow
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
what does direct the driver or person in charge allow
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
what does the last direct allow
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
what happens when a person is found operating a motor vehicle with no driver licence
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
what happens when a person is found operating a motor vehicle with the wrong class of driver licence
infringement notice, L144, $400 infringement fee, forbid the person to drive that class of licence, arrange for NIA alert
what is non-compliance
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
what does section 116 of LTA allow
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
what is section 115(1)
allows an enforcement officer to prohibit vehicles from being driven on a road
what does 115(1) allow
believe on reasonable grounds that a vehicle fails to comply with regulations or rules then a green sticker canbe used
what does 115(3)(b) allow
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
what happens if a pink sticker is issued
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
under what section can an arrest be made for not complying with 115
116
what does section 121 allow
taking keys and forbidding to drive
what is a good acronym to remember 121
FARMED
what does FARMED stand for
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
when can 121 be enacted
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
where do powers of arrest come from for 121 and when can we arrest without a warrant
121(4). failing to comply with directions, attempting to do an act forbidden by 121
what are the procedures under 121
issue a Pol406, place seized keys in the Watchhouse, record details in Towed vehicle log if the vehicle is moved to a safe area
what does 118 allow
the obtaining of information
what is 118(1) and (2) give an enforcement officer
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
what does 118(4) allow
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
what does section 95(1) allow
suspension of licence for 28 days
when does section 95(1) apply
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
what are relevant offences in relation to 95(1)
section 56(1) and (2), 57A, 58(1), 60(1), 61(1), 61(2)
what is section 90(1)
suspending licences and disqualifying from driving
what does section 90(1) mean
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
what is a POL1006
a notice of driver licence suspension and disqualification for excess demerits. it is used on a ‘person of interest’
what is section 96
seizing and impounding vehicles for 28 days
what is section 119(1) and (2)
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
