Traffic Law Powers Flashcards
s113 LTA 1998
DIMDFFD
Direct a person to give full details whether or not in charge of vehicle, or details to identify the driver.
Inspect.
Move a vehicle or authorise another to move it.
Direct someone to remove their vehicle if an obstruction.
Forbid unlicensed driver to drive
Forbid unlicensed transport service from driving
Direct a person to stop and redirect them
s114 LTA 1998
Gives power to stop vehicles and demand details from the DRIVER; if they own the car or not, and if not, the ID of the owner
Under s114, how long can you stop a driver for?
15 minutes to gather details, otherwise as long as reasonably necessary
What’s your arrest power if someone refuses to stop or give details under s114
s114(6)
When can you use s114?
To stop people to enforce LTA 1998 or related traffic regulations, it’s not a general stopping power.
s115 LTA 1998
Banning vehicles from the road with a green (POL650) or pink (POL 555) sticker.
What is a green sticker for?
POL650
Have RGTB vehicle fails to comply with regulations (tinted windows etc)
What is a pink sticker for?
POL555. RGTB vehicle is not in SAFE condition to be driven until evidence given of inspection e.g. structural rust
s116 LTA 1998?
Arrest power for failing to comply with s113 or s115
s118 LTA 1998
118 got your plate. Can require owners/hirers of a vehicle to give ID/info within 14 days if they’re alleged to have committed an offence against ANY act while in charge of the vehicle, or the passenger
How long does the owner/hirer of a vehicle have to supply driver info under s118?
14 days
s119 LTA 1998?
Power to enter premises and seize vehicles after fresh pursuit.
Need RGTS they’ve failed to stop for police, committed a driving offence, or EBA/drug driving AND you’re freshly pursuing them.
Then can enter and do EBA procedures
What power does s119 give you? Obligations?
Can enter any premises the person you’re pursuing has entered, by force if necessary to do EBA procedures.
Can also enter to seize and impound a vehicle. Must be fresh pursuit, and belief vehicle will be CADD, or RGTS the vehicle was about to be used in a crime.
Subject to s131 SASA 2012 so just give RAIN rights.
Does s119 allow for arrest?
No, just entry to do EBA, or seize/impound vehicle
s121 LTA 1998
FARMED
Forbid person to drive for specific time
All keys surrendered
Render vehicle immobile
Move vehicle causing obstruction
EBA offenders forbidden to drive for 12 hours
Direct person to rest if they’ve exceeded driving hours
s121(4) LTA 1998
Arrest power for failing to comply with directions given under 121 FARMED
s122 LTA 1998
Power to seize a vehicle for 12 hours.
Must have RGTB it’s for the public safety - it is a last resort
s123 LTA 1998
Can impound vehicle for 10 working days to preserve evidence; scientific examination; determine cause of serious crash
RGTB vehicle involved in serious accident, hit and run, or failed to stop for lights and sirens
What reason must you have for impounding a vehicle for 10 days under s123 LTA 1998?
RGTB involved in serious accident, hit and run, or failed to stop for lights and sirens.
Can impound for scientific exam, preserving evidence, or establish cause of accident
s95 LTA 1998?
Suspension of license for 28 days
Need RGTB and to give notice to the person
Under s95 LTA 1998, what circumstances give you grounds to suspend a license for 28 days?
• Breath alc. over 650mcg alc per L breath
• Breath alc. over 400mcg AND relevant offence in past 4 years
• Blood alc. over 130mg per 100ml blood
• Blood alc. over 80mg AND relevant offence in past 4 years.
• Refuses/fails blood test by officer or at hospital
• 40kph over posted speed limit
• 50kph over temp. speed limit
How long does someone have to surrender their license under s95 28 day suspension?
Must surrender it immediately
s96 LTA 1998
Seizure and impound for 28 days of vehicles in certain circumstances relating to certain offences.
How much breath alcohol can an adult have before they start being charged?
250mcg
What do you say when about to do a breath screening test?
“I require you to undergo a BST without delay”
What do you say when someone fails a breath screening test?
“I now require to you accompany me to X police station or other such place for the purpose of an evidential breath test, blood test, or both”
If someone refuses to accompany for an evidential breath/blood test, what do you do?
Warn them, then arrest for failing.
Bill of Rights, 125, s85 search. EBT continues
What do you say when doing an evidential breath test?
“I now require you to undergo an evidential breath test without delay”
If someone is under 20 and their breath result is 1-150, what do you do?
No need to do blood, they receive an ION. They can elect blood but will still have ION and demerits
If 20+ evidential breath test is 250-400, what do you do?
ION issued, consider using s121 FARMED
They are NOT entitled to elect blood
If under 20 and breath is 150+ or over 20 breath is 400+ what do you do?
If this is the result or the refuse evidential breath test, then advise of positive evidential breath test, then give 10 minutes for them to decide to elect blood.
If an under 17 has positive breath test what is the court procedure?
No summons for court, file for YAS.
What are the relevant offences for a license suspension or vehicle impoundment?
Excess breath 400
Excess blood 80
Incapable of proper control
Failed or refused blood
Caused death/injury w EBA
Caused death/injury while incapable
What circumstances does license suspension occur under s95?
Breath over 650
Blood over 130
Breath 400 + 1 offence last 4 years
Blood 80 + 1 offence last 4 years
Failed/refused blood
Where is your arrest power for EBA offences?
s120 LTA
When does mandatory impoundment occur?
400+ breath + 2 offences last 4 years
80 blood + 2 offences last 4 yrs
Failed/refused blood and 2 relevant offences 4 yrs
If driver blows under 400 but 2 offences, still impound on this result
