Traffic Law Powers Flashcards
Section 114 - Stop in the name of the law!
Power to stop vehicles and demand details and keep the driver stopped.
Duty to be in uniform
Applies to all vehicles, i.e. skateboards, bikes etc
May request or signal a vehicle to stop and require the driver to remain for up to 15 minutes to obtain identifying particulars
Plain clothed officers may request a driver to stop by displaying blue or blue and red flashing lights or by sounding a siren
Display blue or blue and red flashing lights or sound siren to request a driver stop / pull over.
Arrest without warrant if a person fails or refuses to supply details.
Demand name, address, DOB, phone number and occupation.
Section 113
General powers of transport legislation enforcement.
Direct a person on a road, whether they are in charge of a vehicle or not, to give their full name, address, DOB, occupation and telephone number
Inspect, test an examine the vehicle
Move or authorise another person to move any vehicle causing an obstruction or hazard
Direct the driver or person in charge of a vehicle on a road to move the vehicle
Order an unlicensed driver not to drive
Direct a pedestrian or a person driving a vehicle to stop or proceed or keep to a particular line of traffic or direction (points duty)
Section 115 - Your vehicle can’t drive
Power to direct that a vehicle not be driven on a rod
If a vehicle
FAILS to comply with regulations or rules –> Green sticker OR
Not in a safe condition to be driven on a road –> PINK sticker
Section 121 - no more rum
Power to take keys and forbid driving
Forbid that person to drive for a specified time
All keys to be surrendered
Render the vehicle immobile
Move or cause to be moved any vehicle causing an obstruction
EBA offenders must be forbidden to drive for a 12 hour period
Direct that person to drive to a specified place of rest
Section 118 - tell me what you know mate.
Obtaining information
R-ISE
Require details from the owner or hirer of any vehicle within 14 days which may lead to:
Identification and apprehension of the driver if that driver is alleged to have committed any offence against this act while in charge of a vehicle
Supplied information must be within the owners/hirer’s ability to supply
Enforcement officer can require the owner of the vehicle used to flee a police pursuit to immediately give you all the information available to them that would lead to identification of suspects.
Section 95 - Beehive!
28 day suspension of licence if:
Breath alcohol over 650mcg or exceeds 130mgm of alcohol per 100ml of blood
Convicted of breath alcohol over 400mcg OR over 80mgm of alcohol per 100ml of blood within last four years
At the request of an enforcement officer or authorised medical persons, failed or refuses a blood test
Drove 40+kph over the permanent posted speed limit or 50+kph over the temporary speed limit.
Section 90 - +10 = 100 demerits
Suspension of licence or disqualification from driving.
Exceeds 100 demerit points –> licence suspended for three months
Power to serve a driver licence suspension and disqualification for excess demerit points notice on behalf of NZTA.
Section 96 - a partner to 95 Beehive
Power to seize vehicles for 28 days (feeds)
Power to seize vehicles for 28 days from boy racers (ow)
You must seize and impound a motor vehicle for 28 days if on reasonable grounds you suspect that a person has driven on a road while they were:
Forbidden to drive and no licence or licence expired
Exceeded breath alcohol 400mcg and have two previous convictions in last four years
Exceeded blood alcohol by 80mgm and have two previous convictions within the last four years
Disqualified from holding/obtaining licence
Suspended or revoked licence
You may seize an impound a motor vehicle for 28 days if on reasonable grounds you suspect that a person:
Operated the vehicle in a race or in an unnecessary exhibition of speed or acceleration on a road or;
Without reasonable excuse, operated the vehicle on a road in a manner that caused the vehicle to undergo sustained loss of traction.
Section 122 (12 hours)
If you believe on reasonable grounds that it is in the interest of public safety you can seize and impound a vehicle for a period not exceeding 12 hours.
Section 123 (partner of 122 12 hours)
You can seize and impound a motor vehicle for a period not exceeding 7 days in order to:
Preserve evidence
Enable scientific examination
Establish the cause of a serious traffic accident
The vehicle has been involved in a serious traffic accident or hit and run offence
The driver failed to stop
Section 119 TOO much wine!
Powers of entry to carry out breath alcohol testing and to seize a vehicle without warrant
HUH! WAT?
Where a constable has good cause to suspect any person
HAS failed to stop AND
UNDER the influence of alcohol or drug and they are driving OR
HAS committed or is committing an offence such as reckless or dangerous driving
(and you are freshly pursuing that person, you can enter any place that the person enters without warrant in the course of pursuit to exercise breath alcohol procedures).
The enforcement officer can
WITHOUT warrant enter by force…
A building or place where a vehicle to which sections 96 and 123 apply is being stored or kept
TO seize an impound the vheicle
This can be done IF
They are freshly pursuing the vehicle OR
The vehicle is about to be CADD or
They have RGTS the vehicle was about to be used in the commission of a crime OR
It is impracticable due to the time of day or the locality to obtain a warrant.
Section 31
A person commits an offence under this act if he drives a motor vehicle on a road:
with an expired licence OR
without an appropriate licence OR
drive a motor vehicle contrary to the conditions of their licence
Section 32 You shouldn’t be driving, you!
A person commits an offence under this act if he drives a motor vehicle on a road while disqualified from holding or obtaining a licence or contrary to a limited licence OR
while their driver licence was suspended or revoked.
Section 37
Inconsiderate or careless use OPERATES A VEHICLE ON A ROAD CARELESSLY OR, WITHOUT REASONABLE CONSIDERATION FOR OTHER ROAD USERS
Section 35
Reckless or Dangerous Driving OPERATES A MOTOR VEHICLE ON A ROAD RECKLESSLY OR IN A MANNER OR SPEED WHICH MAY BE DANGEROUS TO THE PUBLIC OR ANY PERSON.
Section 36 - boy racer tricks!
Engaging in Unauthorised Street or Drag Racing
A PERSON COMMITS AN OFFENCE IF THE PERSON
OPERATES A VEHICLE
IN A RACE, OR
IN AN UNNECESSARY EXHIBITION OF SPEED OR ACCELERATION
ON A ROAD
WITHOUT REASONABLE EXCUSE INTENTIONALLY POURS ON TO; OR PLACES ON; OR ALLOWS TO SPILL ONTO A ROAD ANY PETROL, OIL, DIESEL FUEL; OR ANY OTHER SUBSTANCE THAT CAUSES SUSTAINED LOSS OF TRACTION
WITHOUT REASONABLE EXCUSE
OPERATES A VEHICLE ON A ROAD
IN A MANNER THAT CAUSES SUSTAINED LOSS OF TRACTION
Section 22 Initial Driver Responsibility
Where a crash arising directly or indirectly from the operation of a vehicle occurs to:
A person; OR
A vehicle
The driver or rider must
STOP their vehicle
ASCERTAIN whether anyone is injured
RENDER all practical assistance to anyone who is injured or killed
Section 22 Duty to Report Injury
Where a crash involves INJURY or DEATH DRIVER or RIDER Must report accident in person to Nearest police station or; to an enforcement officer As soon as reasonable practicable And in any case no later than 24 hours after the time of the crash. Unless the driver or rider is incapable of doing so by reason of injuries sustained by him or her in the accident.
Section 22 Duty To Report Damage
Where a crash involves
Damage to an unoccupied vehicle OR damage to other property
Belonging to another person
DRIVER or RIDER
MUST unless incapable by reason of injury
Report to owner within 48 hours
Drivers name, address, rego plate, & crash location
If owner cannot be located or identified report to police within 60 hours.
Section 68 - I now require you to undergo a breath screening test without delay.
You may require any of the following people to undergo a breath screening test without delay:
Any driver of a motor vehicle on any road;
Any person attempting to drive a motor vehicle on any road
Any person you have good cause to suspect has recently committed an offence against road safety provisions of this act that involves the driving of a motor vehicle
A driver of a motor vehicle involved in a motor accident
Where the driver is not known, you have good cause to suspect passengers in a vehicle involved in a motor accident.
Section 56, 57, 58 penalities
Section 57 (under 20)
BLOWS over 150mcg BUT under 400mcg –> 3 months jail/$2250 fine/disqualified 3 months
BLOOD over 30mg BUT under 80mg –> 3 months jail/$2250 fine/disqualified 3 months
BLOWS under 150mcg –> ION$200.00/50 demerits
BLOOD under 30mg –> ION$200.00/50 demerits
Section 56 (everyone)
BLOWS over 400mcg –> 3 months jail/$4500 fine/disqualified 6 months
3rd offence: 2 years jail/$6000 fine/disqualified 1yr+
BLOOD over 80mg –> 3 months jail/$4500 fine/disqualified 6 months
3rd offence: 2 years jail/$6000 fine/disqualified 1yr+
Section 58
DRIVE without PROPER CONTROL of the vehicle –> 3 months jail/$4500 fine/disqualified 6 months
3rd offence: 2 yrs jail/$6000fine/disqualified 1yr+
Four requirements a constable can make during a procedure for EBA
1st: “ I require you to undergo a breath screening test without delay.”
2nd: “I now require you to accompany me to the Pukekohe Police Station or other such place for the purpose of an evidential breath test, blood test or both.” RIGHTS
3rd: “I now require you to undergo an evidential breath test without delay.”
4th Requirement of a blood sample.
Offences for which a person can be arrested during an EBA procedure
- ->Fails to remain for BST result
- ->Fails / refuses to accompany officer to station/other such place
- ->Fails / refuses to remain at the station/other such place for result of EBT.
- ->Refuses officers requirement of blood sample/doctors requirement
