Traffic Law Powers Flashcards
What are your powers under Section 113 of the Land Transport Act 1998?
DIRECT person on a road to give full particulars (full name, DOB, Add, Occ, Ph.
INSPECT, test and examine brakes or any other part of the vehicle, or associated equipment, or LTNZ docs.
MOVE authorise anyone to move the vehicle.
DIRECT the driver to move the vehicle
ORDER an unlicenced driver not to drive. (forbid them).
DIRECT a pedestrian or driver to go in a particular line or direction (points duty)
DIMDOD
What are your powers under Section 114 of the Land Transport Act 1998?
In uniform, or wearing a cap displaying a badge of authority - OR -
In a vehicle, including plain clothes may stop a vehicle by using flashing blue or blue & red lights or siren.
Demand the driver state:
Full name, Add, DOB, Occ, Ph.
Whether they are the owner of the car
Name and Add for the owner (within their knowledge)
What are your powers under Section 115 of the Land Transport Act 1998?
To prohibit vehicles from being driven on the road.
POL650 - Green sticker
Fails to comply with regulations or rules
POL555 - Pink sticker
Not in a safe condition to be driven on a road
What are your powers under Section 116 of the Land Transport Act 1998?
You can arrest without warrant if a person fails to comply with any directions.
What are your powers under Section 117 of the Land Transport Act 1998?
Enter a vehicle for the purpose of moving it or preparing it for movement.
Move a vehicle to a place where it does not constitute a traffic hazard.
Impound a vehicle.
What are your powers under Section 118 of the Land Transport Act 1998?
Obtaining Information.
May require the owner or hirer of a vehicle to give within 14 days, all information available to them which may lead to the:
ID and apprehension of driver if they’ve committed any offence against any Act while in charge of the vehicle.
ID and apprehension of any passenger if they’ve committed, aided in committing or has avoided arrest through the use of that vehicle any offence against any act.
What are your powers under Section 119 of the Land Transport Act 1998?
Power of entry to carry out breath alcohol testing 119(1)(2)
Power to seize a vehicle without warrant 119(3)
Power to seize a vehicle with warrant 119(5)(6)
What are your powers under Section 121 of the Land Transport Act 1998?
FORBID that person to drive for a specified time.
ALL keys to be surrendered.
RENDER vehicle immobile.
MOVE the vehicle where it wont be a hazard.
EBA offenders must be forbidden to drive for 12hrs.
DIRECT that person to drive to a specific place to rest if they have exceeded their hours.
FARMED
What are your powers under Section 122 of the Land Transport Act 1998?
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 12hrs.
This may be extended for a further 12hrs, if the circumstances have not changed.
What are your powers under Section 123 of the Land Transport Act 1998?
Impound a vehicle for a period not exceeding 7 days in order to:
Preserve evidence
Enable scientific examination
Establish the cause of a 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 -
The driver failed to stop IAW S114.
Under what circumstances can Police seize vehicles for 12 hours?
S121 - EBA offenders must be forbidden to driver for a 12 hour period.
Under what circumstances can Police seize vehicles for seven days?
Section 123
Under what circumstances can Police seize vehicles for 28 days?
Section 96 under the following situations:
Disqualified from holding or obtaining a licence.
Suspended or revoked driver licence.
Not holding a licence (expired or unlicenced) AND previously forbidden to drive.
Breath alcohol over 400mcg per litre breath AND have two previous convictions for any ‘relevant offence’ within last four years.
Blood alcohol over 80mgm per 100ml blood AND have two previous convictions for any ‘relevant offence’ within last four years.
Failed or refused blood test under Section 72 or 73 of Land Transport Act 1998:
At request of enforcement office or authorised medic
OR
At hospital
AND
Have two convictions for any ‘relevant offence’ within last four years.
Under what circumstances can Police suspend driver licences for 28 days?
Breath alcohol over 650mcg of alcohol per litre breath.
Blood alcohol over 130mgm or alcohol per 100ml blood.
Breath alcohol over 400mcg per litre breath AND have two previous convictions for any ‘relevant offence’ within last four years.
Blood alcohol over 80mgm per 100ml blood AND have two previous convictions for any ‘relevant offence’ within last four years.
Failed or refused blood test under Section 72 or 73 of Land Transport Act 1998:
At request of enforcement office or authorised medic
OR
At hospital
40kph over posted speed limit (cameras don’t count).
50kph over speed limit (other than permanent).
Under Section 114, how long can you stop a car for?
15 minutes for the purpose of establishing identity.
As long as reasonably necessary to obtain particulars or exercise any other power conferred under this Act.
