Traffic Law Powers Flashcards
General powers of transport legislation enforcement:
Section 113
DIMDOD
D= Direct a person on a road to give full name, DOB, full address, occupation & phn no.
I= Inspect, test and examine any part of a vehicle on a road.
M= Move or authorise another person to move, any vehicle causing an obstruction or hazard (includes the power to enter vehicle).
D= Direct the driver or person in charge of a vehicle on a road if causing an obstruction / hazard.
O= Order an unlicensed driver not to drive (forbid).
D= Direct a pedestrian or a person driving a vehicle to stop or proceed in or keep to a particular line of traffic or direction (points duty).
Power to stop vehicles and demand details:
Section 114(1)-(3)
DAMPDAD
D= Duty to be in uniform (cap, hat, helmet, badge).
A= Applies to all vehicles; skate boards, cyclists, roller-blader’s.
M= May request / signal driver to stop - up to 15 mins to get ID.
P= Plain-clothed officers may / stop vehicles using flashing lights / siren.
D= Display flashing blue / red lights / or / sounding siren.
A= Arrest w/o warrant if person fails / refuses / to supply details / or / false / misleading.
D= Demand full name, DOB, full address, occupation & phn no. / driver / and name and address of owner of the vehicle.
Obtaining information:
Section 118
An enforcement officer may require the OWNER or HIRER of any vehicle to give, within 14 days all info which may lead to:
- ID & apprehension of the driver if alleged to have committed offence against any act while in charge of vehicle.
- ID & apprehension of passenger if committed or aided in offence or avoided arrest.
An enforcement officer can require the owner of the vehicle used to flee a police pursuit to immediately give you all info to lead to ID or apprehension of driver.
Taking keys and forbidding to drive:
Section 121
FARMED
FORBID that person to drive for a specified time; or
ALL keys to be surrendered; or
RENDER the vehicle immobile; or
MOVE or cause to be moved any vehicle causing obstruction or hazard; or
EBA offenders must be forbidden to drive for a 12 hr period; or
DIRECT that person to drive a specified place to rest if they have exceeded their driving hrs.
Power to seize vehicle for 12 hrs:
Section 122
If you believe on reasonable grounds that it is in the interest of public safety, you can seize and impound a motor vehicle for period not exceeding 12 hrs.
This can be extended a further 12 hrs if circumstances have not changed.
Power to seize a vehicle for up to seven days:
Section 123(1)
You can seize and impound for 7 days in order to:
- Preserve evidence
- Enable scientific examination
- Establish cause of serious traffic accident
If you believe on reasonable grounds that:
- The vehicle has been involved in a serious traffic accident or hit and run offence, or
- Failed to stop for red & blue lights or siren or officer’s signal
Suspending Licenses for 28 Days:
Section 95
An enforcement officer MUST give notice to a person that their licence will be suspended for 28 days when:
- Over 650mcg of alcohol per litre of breath.
- Over 130mgm of alcohol per 100ml of blood.
- Over 400mcg of alcohol per litre of breath AND has been convicted for relevant offence in last 4yrs.
- Over 80mgm of alcohol per 100ml of blood AND has been convicted for relevant offence in last 4yrs.
- Failed or refused a blood test.
- Drove vehicle 40kph over permanent speed limit.
- Drove vehicle 50kph over speed limit other than permanent one.
Seizing and impounding vehicles for 28 days: Section 96
You MUST seize or impound a motor vehicle for 28 days if you believe on reasonable grounds that person drove on a road while subject to:
- Disqualified.
- Suspended or revoked license.
- Not holding a licence AND had been previously forbidden to drive.
- Over 400mcg alc/ltr breath AND 2 prev convicts of relevant offence with last 4 yrs.
- Over 80mgm alc/100ml blood AND 2 prev convicts of relevant offence with last 4 yrs.
- Failed or refused blood test
Power to seize vehicle for 28 days (boy racers): Section 96(1A)
You may seize and impound a motor vehicle for 28 days, if you believe on reasonable grounds that a person:
- Operated the vehicle in a race, or unnecessary exhibition or speed or acceleration on a road; or
- Sustained loss of traction on a road.
Powers of entry to carry out breath alcohol testing:
Section 119(1) & (2)
-When a person has failed to stop for flashing lights or siren
AND
-Has committed or is committing reckless or dangerous driving
OR
-Is or has recently been driving under the influence of alcoholic drink, drug or both
AND
you are freshly pursuing that person
You can:
- without warrant in the course of pursuit
- enter any premises on which the person has entered, by force if necessary to complete the EBA procedures.
To seize a vehicle without warrant:
Section 119(3)
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 or impound the vehicle.
The officer can do this if:
- they are freshly pursuing vehicle, or
- the vehicle is about to be removed, concealed, destroyed or disposed of, or
- suspect vehicle was about to be used in a crime, or
- it is impracticable to obtain a warrant
When is POL 650 green sticker used?
RGTB that a vehicle on a road FAILS TO COMPLY WITH REGULATIONS OR RULES (eg has a defective exhaust or a tinted windscreen).
Power to direct that a vehicle not be driven on a road: Section 115(1)
When is a POL 555 pink sticker used?
RGTB that a vehicle on a road is NOT IN A SAFE CONDITION TO BE DRIVEN ON A ROAD (eg has illegal mods or structural rust).
