Traffic Law Powers Flashcards
Section 114
Power to stop vehicles and demand details if:
- in uniform
- wearing a cap, helmet or hat displaying a badge of authority
OR - in a vehicle, including if in plain clothes, by flashing blue or blue and red lights or sounding a siren
And demand the driver state:
- name, dob, address, phone number and occupation
- whether the owner of the car or not
- if not the owner, the name and address of the owner
- can stop for up to 15mins if solely for the purpose of establishing identity
- can arrest without warrant if:
- fails to stop
- refuses to give details
- provides false or misleading details
Section 113
General powers of transport legislation enforcement allow:
D irect a person on the road (whether or not in charge of a vehicle) to state:
- their name, dob, address, phone number and occupation
- other details of identity
- information to identify the the driver or person in charge of any vehicle
I nspect test or examine:
- any part of a vehicle
- or any Land Transport documents
M ove or authorise any person to move any vehicle causing an obstruction or hazard
D irect the driver or person in charge of the vehicle to move it if causing an obstruction or hazard
O rder an unlicensed driver not to drive
D irect a pedestrian or person in charge of a vehicle to stop or proceed in a particular line of traffic or direction
Use Section 113 ONLY if….
you believe an offence under transport legislation has been committed
Section 115 relates to….
banning vehicles from the road
Section 115(1) allows you to ban a vehicle form being driven on a road if….
you believe on reasonable grounds that the vehicle:
- fails to comply with regulations
For example:
- defective exhaust
- tinted windows
You may:
- issue POL650 (green sticker)
It means:
- the vehicle may not be driven on a road until new evidence of vehicle inspection (WOF) is obtained
Section 115(3)(b) allows you to ban a vehicle form being driven on a road if….
you believe on reasonable grounds that the vehicle:
- is not in a safe condition to be driven on the road
For example:
- illegal modifications
- structural rust
You may:
- issue POL555 (pink sticker)
It means:
- the vehicle may not be driven on a road until new evidence of vehicle inspection (from an authorised vehicle inspection agent) is displayed on the vehicle
Section 121 relates to….
taking keys and forbidding to drive
If you believe on reasonable grounds that any person in charge of a motor vehicle, because of their physical or mental condition:
- is incapable of proper control; or
- does not complete a Compulsory Impairment Test; or
- fails or refuses to undergo a Compulsory Impairment Test
You may:
F orbid - the person to drive for a specified time
A ll - keys to be surrendered
R ender - the vehicle immobile
M ove - or cause the vehicle to be moved, if causing an obstruction
E BA - offenders to be forbidden to drive for 12 hours
D irect - a person to a specified place to rest if they have exceeded their driving hours
Section 118 relates to….
obtaining information
You may require the owner or hirer of any vehicle to provide, within 14 days, all information which may lead to:
- the ID and apprehension of a driver alleged to have committed an offence against any Act while in charge of the vehicle; or
- the ID and apprehension of any passenger alleged to have committed any offence against any Act, in or through the use of a vehicle;or
An enforcement officer can also require the owner of a vehicle used to flee a police pursuit, to immediately provide all information available that may lead to the ID and apprehension of the driver
Section 95 relates to….
28-day suspension of licence if:
- breath alcohol > 650 mcg
- breath alcohol > 400 mcg AND relevant conviction within last 4 years
- blood alcohol > 130 mgm
- blood alcohol > 80 mgm AND relevant conviction within last 4 years
- fails or refuses blood test
- 40 kph over permanent speed limit
- 50 kph over temporary speed limit
Section 90 relates to….
suspension of licence or disqualification from driving for 3 months
IF
100 or more demerit points in a 2 year period
Driver noted as “person of interest” in above cases
Section 96 relates to….
seizing and impounding vehicle if:
- breath alcohol > 400 mcg AND 2 previous relevant convictions within last 4 years
- blood alcohol > 80 mgm AND 2 previous relevant convictions within last 4 years
- fails or refuses blood test AND 2 previous relevant convictions within last 4 years
- drove while disqualified
- drove while licence suspended/revoked
- drove without licence AND previously forbidden to drive
Section 122 relates to….
seizing and impounding vehicles for up to 12 hours in the interest of public safety
This period can be extended for a further 12 hours if circumstances have not changed
Section 123 relates to….
seizing and impounding vehicles for 7 days to:
P reserve evidence
E nable scientific examination
E stablished the cause of a serious traffic accident
If the vehicle has been involved in:
- hit and run; or
- serious traffic accident; or
- failed to stop for red and blue lights or siren or officer’s signal
The conditions of Learner licences are….
- must be accompanied by a supervisor seated in the front passenger seat, who has held a full licence for at least two years
- must display two ‘L’ plates on the vehicle
- must carry the licence while driving and produce it on demand
The conditions of Restricted licences are….
- when driving between 10pm and 5am, must be accompanied by a supervisor seated in the front seat, who has held a full licence for at least two years
- if carrying passengers, must be accompanied by a supervisor seated in the front seat, who has held a full licence for at least two years, unless the passengers are their spouse or dependants, or their spouse’s dependants
- must carry the licence while driving and produce it on demand
