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SM Police > Traffic Law Powers > Flashcards

Traffic Law Powers Flashcards

1
Q

What Act covers Traffic Law Powers ?

A

Land Transport Act 1998

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2
Q

What does Section 114 (1)-(3) allow us to do ?

A

Power to stop vehicles and demand details

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3
Q

Under Section 114, what must you be wearing ?

A
  • In uniform, or

- Wearing a cap, helmet or hat displaying a badge of authority ?

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4
Q

Under Section 114, how may you stop a vehicle ?

A
  • By flashing red and blues

- Sounding a siren

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5
Q

Does it have to be a Police vehicle to pull over a vehicle ?

A
  • No, can be plain clothes

Aslong as displays red and blues and has a siren.

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6
Q

Under Section 114, what may a officer demand ?

A
  • Their full name, full address, D.O.B, occupation and telephone number ( or such other particulars as the enforcement officer may specify ),
  • Whether they are the owner of that car and, if not,
  • The name and address of the owner of the vehicle or such particulars within the drivers knowledge as may lead to the identification of the owner.
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7
Q

Under Section 114 (3) & (5), how long can you keep the driver stopped ?

A
  • The driver must remain stopped for as long as is reasonably necessary for you to do:
  • -Obtain particulars, or
  • -Exercise any other power conferred under this act
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8
Q

What is our power of arrest for Section 114 ?

A

-Section 114 (6) LTA 1998

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9
Q

Under Section 114 (6), when can we arrest without warrant ?

A
  • Fails to stop
  • Refuses to supply details
  • Supplies details that you have good cause to suspect as false or misleading
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10
Q

Can Section 114 be used as a general stopping power ?

A

No

Has to of committed an offence under the Land Transport Act 1998 or other such traffic-related Act or regulations.

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11
Q

Does an offence have to of been committed to use Section 113 LTA ?

A

Yes

To use 113, an offence against the LTA has to of been committed

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12
Q

What is the acronym used for Section 113 ?

A

D I M D F F D

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13
Q

What does DIMDFFD stand for ?

A 
Direct
Inspect 
Move
Direct
Forbid
Forbid
Direct
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14
Q

What does the first D stand for in DIMDFFD ?

A

Direct - a person on a road (whether or not they are in charge of a vehicle) to give:
− their full name, full address, date of birth, occupation and telephone number (or such of those particulars as the enforcement officer may specify),
− other details of identity
− information to identify the driver or person in charge of a vehicle. (Unless the person is for the time being detained or under arrest under any enactment.)

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15
Q

What does the I stand for in DIMDFFD ?

A

INSPECT - test and examine
− the brakes or any other part of a vehicle on a road, or any associated
equipment, or a land transport document or a document resembling a land transport
document, displayed or carried on the vehicle.

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16
Q

What does the M stand for in DIMDFFD ?

A

MOVE - or authorise another person to move, any vehicle if the enforcement officer believes on reasonable grounds that the vehicle on a road is causing an obstruction in the road or to a vehicle entrance to any
property or that the removal of the vehicle is desirable in the interests of
road safety or for the convenience or in the interests of the public. You may also:
− enter, or authorise another person to enter, the vehicle for the purpose of moving it or preparing it for movement; and
− move, or authorise another person to move the vehicle to a place where it does not constitute a traffic hazard.

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17
Q

What does the second D stand for in DIMDFFD ?

A

DIRECT - the driver or person in charge of a vehicle on a road to remove the vehicle from the road if the enforcement officer believes on reasonable grounds that the vehicle is causing an obstruction in the road or to a vehicle entrance to any property or that the removal of the vehicle is desirable in the interests of road safety or for the convenience or in the interests of the public.

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18
Q

What does the first F stand for in DIMDFFD ?

A

Forbid an unlicensed driver to drive a motor vehicle

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19
Q

What does the second F stand for in DIMDFFD ?

A

Forbid a person who is operating a transport service without a licence to operate that transport service.

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20
Q

What does the last D stand for in DIMDFFD ?

A

Direct:
− a person using a vehicle or riding or driving an animal on the road to stop the vehicle or animal as the case may be or to cause it to proceed in or keep to a particular line of traffic or direction (e.g. points duty),
− a pedestrian not to proceed across the road in contravention of a direction to stop given by the enforcement officer (whether given to pedestrians or pedestrians and other traffic).

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21
Q

What are the main differences between Section 113 and 114 ?

A

• Section 114 allows you to stop vehicles.
• Section 113 does not allow you to stop vehicles.
• Section 114 allows you to demand details from a driver you have stopped.
• Section 113(2) allows you to obtain a person’s details on a road who has
committed an offence against specified acts referred to in section 113(1) of the LTA.

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22
Q

What is our power of arrest for Section 113 ?

A

-Under section 116 LTA if you have good
cause to suspect the person has failed to comply with a direction given under
sections 113 or 115 of the LTA then you can arrest.

A driver who fails to comply with any lawful requirement, direction, notice,
request or prohibition imposed on them under the LTA commits an offence under section 52(1)(c) of the LTA.

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23
Q

What colour is a POL 650 ?

A 
Green
Section 115 (1) LTA 1998
24
Q

What colour is a POL 555 ?

A 
Pink
Section 115 (3) (b) LTA 1998
25
Q

What Section is “ fails to comply with regulations or rules “ ?

A 
Section 115 (1) LTA 1998 
Power to direct that vehicle not be driven on the road
26
Q

What Section is “ not in a safe condition to be driven on a road “ ?

A

Section 115 (3) (b) LTA 1998

27
Q

If a vehicle has been green stickered, what will they need to obtain ?

A

A new WOF

28
Q

When is a Pink stickered car allowed back on the road ?

A
  • the vehicle has been inspected by an authorised vehicle inspection agent, who does not engage in repairing vehicles in the course of business,
  • the owner/driver is given approval to operate on a road, and
  • new evidence of vehicle inspection is displayed on the vehicle.
29
Q

What is our power of arrest if someone fails to comply under Section 115 ?

A

Section 116 LTA 1998

30
Q

What colour sticker is 115 (3) (b)

A

Pink

31
Q

What colour sticker is 115 (1)

A

Green

32
Q

If a vehicle is unsafe for the road, what Section is it ?

A

Section 115 (3) (b) LTA 1998

33
Q

If a vehicle fails to comply with rules and regulations, what Section is it ?

A

Section 115 (1) LTA 1998

34
Q

If a vehicle had a loud exhaust, what section would it come under ?

A

Section 115 (1) LTA 1998

35
Q

If a vehicle had structural rust or illegal modifications, what section would it come under ?

A

Section 115 (3) (b) LTA 1998

36
Q

What Section is “Taking keys and Forbidding to drive” ?

A

Section 121 LTA 1998

37
Q

What is the acronym for Section 121 ?

A

FARMED

38
Q

What does FARMED stand for ?

A
  • FORBID that person to drive for a specified time; or
  • ALL keys to be surrendered (require to be ‘given up’); or
  • RENDER the vehicle immobile; or
  • MOVE, or cause to be moved, any vehicle causing an obstruction or hazard, to a place where it does not constitute a hazard; or
  • EBA offenders must be forbidden to drive for a 12 hour period; or
  • DIRECT that person to drive to a specified place to rest if they have exceeded their driving hours (e.g. A member of the Commercial Vehicle Safety Unit (CVSU) inspecting a driver’s log book has identified noncompliance and directed them to park in a rest area for a period of time).
39
Q

What is our power of arrest for Section 121 ?

A

Section 121 (4)

40
Q

Under Section 121 (4), what can you arrest a person without warrant for ?

A
  • Failing to comply with your directions; or

- Attempting to do an act forbidden by Section 121.

41
Q

When can we take keys and forbid to drive under Section 121 ?

A
  • because of his or her physical or mental condition (however arising):
    − is incapable of proper control of the vehicle or
    − does not complete a Compulsory Impairment Test in a manner satisfactory to an enforcement officer, who is trained to give the test, when required to do so, or
    − fails or refuses to undergo a Compulsory Impairment Test when required to do so.
  • is not complying with driving hours (under any enactment),
42
Q

If a person in-charge of a vehicle is not in a fit state to be driving, what Section would it be under ?

A

Section 121 LTA 1998

43
Q

What Section is “Obtaining information after Police Pursuit” ?

A

Section 118 (4) LTA 1998

44
Q

Under Section 118 (4) Obtaining information after Police Pursuit, what time frame does the owner have for giving information ?

A

Immediately

An 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 the identification and apprehension of the driver.

45
Q

Under Section 118 (1) & (2), what time frame does the owner or hirer have for giving information ?

A

14 days

46
Q

What is Section 118 (1) & (2)

A

An enforcement officer may require the owner or hirer of any vehicle to give, within 14 days, all information available to them which may lead to:
• The identification and apprehension of the driver, if that driver is alleged to have committed any offence against any Act while in charge of the vehicle.
• The identification and apprehension of any passenger, if that passenger:
− has committed
− has aided in the commission of in or through the use of a vehicle
− has avoided arrest for any offence against any Act.
To prove an offence against section 118(1) and (2):
• The person must have been the owner/hirer of the vehicle at the time of the offence.
• The information required must be within the owner/hirer’s means or ability to supply.

47
Q

What Section is “Suspending Licences for 28 Days” ?

A

Section 95 (1) LTA 1998

48
Q

What are the 7 situations under Section 95 (1) that could have a licence suspended for 28 days ?

A
  • EBA of over 650mcg per litre of breath
  • EBA of over 130mgm per 100ml of blood
  • EBA of over 400mcg per litre of breath AND has been convicted for any ‘relevant offences’ within the last 4 years
  • EBA of over 80mgm per 100ml of blood AND has been convicted of any ‘relevant offences’ within the last 4 years
  • The person failed or refused a blood test under Section 72 or 73 of the LTA 1998
  • Drove 40kph over the permanent posted speed limit
  • Drove 50kph over any speed limit other that the permanent one. eg temporary speed limit, towing speed limit.
49
Q

Under Section 90 (1), if you accumulate more than 100 demerits in a two year period, your licence will be suspended for __ months ?

A

3 months

50
Q

What Section is Seizing and Impounding Vehicles for 28 days ?

A

Section 96 LTA 1998

51
Q

What Section is ‘Power to seize for 28 days (boy racers)’

A

Section 96 (1A) LTA 1998

52
Q

Under Section 96 (1A) - You may seize and impound a motor vehicle for 28 days, or authorise someone else to do so, if you believe on reasonable grounds that a person:

A

(a) operated the vehicle in a race, or in an unnecessary exhibition of speed or acceleration, on a road; or
(b) without reasonable excuse, operated the vehicle on a road in a manner that caused the vehicle to undergo sustained loss of traction

53
Q

What Section allows us to seize and impound a vehicle if it is in the interest of public safety ?

A

Section 122

54
Q

Under Section 122, how long can the vehicle be taken for ?

A

Not exceeding 12 hours

55
Q

Under Section 123(1), you can seize and impound a motor vehicle for a period not exceeding seven days in order to:

A

• 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 in accordance with section 114(1) and (2).
(Failed to stop for red and blue lights or siren or officer’s signal.)

56
Q

What Section is ‘ Powers of entry to carry out breath alcohol testing ‘ ?

A

Section 119 (1) & (2) LTA 1998 Where an enforcement officer has good cause to suspect that any person:
• has failed to stop for flashing lights or a siren, and
• has committed, or is committing, an offence against section 35(1)(a) or (b) (reckless or dangerous driving) or
• is, or has recently been, driving under the influence of alcoholic drink or drug or both,
and you are freshly pursuing that person, the enforcement officer can:
• without warrant in the course of pursuit,
• enter any premises on which the person has entered, by force if necessary, to exercise or complete the excess breath alcohol procedures.

57
Q

What Section is ‘ To seize a vehicle without warrant ‘ ?

A

Section 119 (3) LTA 1998
The enforcement officer can:
• without warrant enter by force, if necessary
• a building or place where a vehicle to which sections 96 and 123 apply (seizing and impounding vehicles) is being stored or kept.
• to seize and impound the vehicle.
The enforcement officer can do this if:
• they are freshly pursuing the vehicle, or
• the vehicle is about to be removed, concealed, destroyed or disposed of, or
• they suspect on reasonable grounds 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.

SM Police (31 decks)

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