Traffic Law Powers Flashcards
Section 114
Land Transport Act 1998
Stopping vehicles and demanding details
Stopping power
Section 113
Land Transport Act 1998
General roadway-related powers
Section 115
Land Transport Act 1998
Banning vehicles from the road
Section 121
Land Transport Act 1998
Taking keys and forbidding to drive.
S.121(4) gives power of arrest for failure to comply with directions or attempting to do an act forbidden by s.121
Section 118 (1) + (2) Land Transport Act 1998
An officer may require the owner or hirer of any vehicle to give them all info available within 14 days IOT identify and apprehend the driver of the vehicle who committed an offence against any act whilst in charge of the vehicle.
Section 95
Land Transport Act 1998
Suspending licences for 28 days
Section 90
Land Transport Act 1998
Suspending licences and disqualifying from driving.
100 demerits in 2 years
Section 96
Land Transport Act 1998
Seizing and impounding vehicles for 28 days
Section 119 (1) + (2) Land Transport Act 1998
Enter any premises to do EBA if pursuing a person due to failure to stop, reckless driving, or under the influence.
Section 122
Land transport Act 1998
Seize and impound a vehicle for up to 12 hrs in the interest of public safety.
Section 114(1)
An enforcement officer:
- in uniform or
- wearing a cap, helmet, or hat displaying a badge of authority
May request or signal a driver of a vehicle to stop as soon as practicable
Section 114(2) Land Transport Act 1998
An enforcement officer, in a vehicle, (including one in plain clothes) may stop a vehicle by:
- displaying flashing blue and red lights or
- sounding a siren
Section 114(3) Land Transport Act 1998
And demand the driver state:
- their full name, full address, DOB, occupation, phone number
- whether they’re the owner or not, and if not,
- the name, address and other such particulars that may lead to the identification of the owner of the vehicle
Section 114(6) Land Transport Act 1998
You can arrest without warrant any person who:
- fails to stop
- refuses to supply details
- supplies details that you have good cause to suspect are false or misleading
Sections 114(3) + (5) Land Transport Act 1998
Driver must remain stopped for as long as reasonably necessary for you to:
- obtain particulars
- exercise any other power under this act
The driver can only be stopped for 15 minutes if it is only to establish their identity.
Section 115(1) Land Transport Act 1998
If you believe on reasonable grounds that a vehicle on a road fails to comply with regulations or rules,
Give green sticker (POL 650) until a new WOF is obtained.
Section 115(3)(b) Land Transport Act 1998
If you believe on reasonable grounds that a vehicle on a road is not in a safe condition to be on the road, can give notice in writing (POL 555 pink sticker) to the owner/driver that it can’t be driven on the road until:
- has been inspected by an authorised inspector
- owner/driver is given approval to operate on a road, and
- new evidence of vehicle inspection is displayed on vehicle
DIMDFFD
Section 113
Direct a person on a road to give identifying particulars.
Inspect, test and examine part of a vehicle or documents.
Move any vehicle causing an obstruction.
Direct the driver of a vehicle causing an obstruction to move.
Forbid an unlicensed driver to drive.
Forbid a person operating a transport service without a licence.
Direct traffic and pedestrians.
Section 116(1) Land Transport Act 1998
Can arrest a person who has failed to comply with direction under ss.113 or 115
FARMED
Section 121
Because of a person’s physical or mental condition or non-compliance with driving hours, you may:
Forbid a person from driving for a specified time
All keys to be surrendered
Render the vehicle immobile
Move any vehicle causing an obstruction or hazard to a safe place
EBA offenders must be forbidden to drive for 12hrs
Direct the person to drive to a specified place for rest.
Section 118(4) Land Transport Act 1998
An officer can require the owner of a vehicle used to flee police pursuit to IMMEDIATELY give all info available IOT identify and apprehend the driver.
Section 123
Land Transport Act 1998
Seize and impound a vehicle for up to 7 days IOT preserve evidence, enable scientific exam, or establish cause of a serious accident.
If the car has been involved in a serious accident or hit and run or the driver failed to stop under s.114
Section 119(3) Land Transport Act 1998
Warrantless entry to a building or place to seize and impound a vehicle.
