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MR HAYMUSH POLICEMAN > Traffic Law Powers, LTA 1998 > Flashcards

Traffic Law Powers, LTA 1998 Flashcards

1
Q

What does Section 114 of the Land Transport Act 1998 cover?

A

Section 114(1)—(3) - Power to stop vehicles and demand details

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2
Q

Under Section 114 of the Land Transport Act 1998 what can you demand from the driver?

A
  • The drivers full name, DOB, occupation, and phone number
  • Whether they are the owner of the car, and if not,
  • The name and address of the owner of the vehicle or such particulars with the driver’s knowledge as may lead to the identification of the owner.
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3
Q

Under Section 114 of the Land Transport Act 1998, how long can you keep the driver stopped?

A

The driver must remain stopped for as long as reasonably necessary for you to:
- Obtain particulars
- Exercise any other power conferred under this act
If you stop the driver solely for the purpose of establishing identity, you can delay them for up to 15min.

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4
Q

What are your powers of arrest under Section 114 of the Land Transport Act 1998?

A

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
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5
Q

When to use Section 114, Land Transport Act 1998?

A

Section 114 can be used to stop vehicles ONLY is you are enforcing the Land Transport Act 1998.

It cannot be used as a general stopping power, for example, to stop someone who is acting suspiciously.

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6
Q

What is the Acronym for General Roadway Powers under Section 113 of the Land Transport Act 1998?

A

D - I - M - D - F - F - D

Direct, Inspect, Move, Direct, Forbid, Forbid, Direct

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7
Q

In relation to ‘DIMDFFD’ and Section 113 of the Land Transport Act 1998, what does the first ‘D’ stand for?

A

DIRECT - Direct a person on a road to;

  • Give details
  • Other details of identity
  • Information to identify the driver or person in charge of a vehicle
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8
Q

In relation to ‘DIMDFFD’ and Section 113 of the Land Transport Act 1998, what does the ‘I’ stand for?

A

INSPECT - Test and examine

- The brakes or any other part of the vehicle on a road, or any associated equipment.

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9
Q

In relation to ‘DIMDFFD’ and Section 113 of the Land Transport Act 1998, what does the ‘M’ stand for?

A

MOVE - Move or authorise to move;

  • any vehicle if it is obstructing a road or entrance to property
  • 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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10
Q

In relation to ‘DIMDFFD’ and Section 113 of the Land Transport Act 1998, what does the second ‘D’ stand for?

A

DIRECT - Direct the driver in charge of a vehicle on a road to remove the vehicle from the road if the enforcement officer believes on reasonable grounds the the vehicle is causing an obstruction in the road or is in the best interest of road safety and public safety.

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11
Q

In relation to ‘DIMDFFD’ and Section 113 of the Land Transport Act 1998, what does the first ‘F’ stand for?

A

FORBID - Forbid an unlicensed driver to drive a motor vehicle.

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12
Q

In relation to ‘DIMDFFD’ and Section 113 of the Land Transport Act 1998, what does the second ‘F’ stand for?

A

FORBID - Forbid a person who is operating a transport service without a license to operate that transport device.

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13
Q

In relation to ‘DIMDFFD’ and Section 113 of the Land Transport Act 1998, what does the third ‘D’ stand for?

A

DIRECT - Direct traffic

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14
Q

What are the KEY DIFFERENCES between Sections 113 & 114 of the Land Transport Act 1998?

A
  • Section 114 allows you to stop vehicles
  • Section 113 DOES NOT allow you to stop vehicles
  • Section 114 allows you to obtain details of the DRIVER
  • Section 113 allows you to obtain a person’s details who has committed an offence against specific act referred to in 113(1) of the LTA.
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15
Q

What does Section 115 of the Land Transport Act 1998 cover?

A

Banning vehicles from the road

  • Pink Sticker
  • Green Sticker
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16
Q

Under Section 115 of the Land Transport Act 1998, what is a ‘Green Sticker’ used for? (115(1))

A

GREEN STICKER - If you believe on reasonable grounds that a vehicle on a road FAILS TO COMPLY WITH REGULATIONS OR RULES, you can give a POL 650 (green sticker), that the vehicle is not to be driven on a road until new evidence of a vehicle inspection (WOF) has been obtained.

17
Q

Under Section 115 of the Land Transport Act 1998, what is a ‘Pink Sticker’ used for? (115(3)(b))

A

If you believe on reasonable grounds that a vehicle is on a road is NOT IN A SAFE CONDITION TO BE DRIVEN ON A ROAD, you can give notice in writing (POL 555 pink sticker), to the owner that that vehicle is not to be used on a road until;

  • 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.
18
Q

What is the Acronym used in Section 121 of the Land Transport Act 1998, Taking Keys and Forbidding Drivers?

A

F-A-R-M-E-D

19
Q

In relation to FARMED, used in section 121 of the Land Transport Act 1998, what does the ‘F’ stand for?

A

FORBID - Forbid that person from driving for specific time

20
Q

In relation to FARMED, used in section 121 of the Land Transport Act 1998, what does the ‘A’ stand for?

A

ALL KEYS TO BE SURRENDERED

21
Q

In relation to FARMED, used in section 121 of the Land Transport Act 1998, what does the ‘R’ stand for?

A

RENDER the vehicle immobile

22
Q

In relation to FARMED, used in section 121 of the Land Transport Act 1998, what does the ‘M’ stand for?

A

MOVE - Move or cause to be moved, any vehicle causing an obstruction or hazard, to a place where it does not constitute a hazard.

23
Q

In relation to FARMED, used in section 121 of the Land Transport Act 1998, what does the ‘E’ stand for?

A

EBA - EBA offenders must be forbidden to drive for a 12hr period

24
Q

In relation to FARMED, used in section 121 of the Land Transport Act 1998, what does the ‘D’ stand for?

A

DIRECT - Direct that person to drive to a specified place to rest if they have exceeded their driving hours.

25
Q

What is you power of arrest under Section 121 of the Land Transport Act 1998?

A

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

  • Failing to comply with your directions, or;
  • Attempting to do an act forbidden by section 121
26
Q

What is Section 118 of the Land Transport Act 1998 used for?

A

Obtaining information: 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, has avoided arrest, in or through the use of that vehicle.
27
Q

What is Section 118(4) of the Land Transport Act used for?

A

An enforcement officer can require the owner of the vehicle used in a pursuit to IMMEDIATELY give you all the information available to them that would lead to the identification and apprehension of the driver.

28
Q

How long must you suspend a driver who…?
(Also state section and act)

The person has been found to have breath alcohol over 650mcg of alcohol per litre of breath

A

28 days

Section 95 Land Transport Act 1998

29
Q

How long must you suspend a driver who…?
(Also state section and act)

The person failed or refused a blood test under section 72 or 73 of the LTA at the request of an enforcement officer, authorised medical person or at a hospital.

A

28 Days

Section 95 Land Transport Act 1998

30
Q

How long must you suspend a driver who…?
(Also state section and act)

The person drove a vehicle 40kph over the permanent posted speed limit

A

28 days

Section 95 Land Transport Act 1998

31
Q

How long must you suspend a driver who…?
(Also state section and act)

The person drove a vehicle 50kph over any speed limit other than the permanent one (temporary speed limit or towing speed limit)

A

28 days

Section 95 Land Transport Act 1998

32
Q

What is Section 90 of the Land Transport Act used for?

A

Section 90(1); Suspending someones licence for 3 months is they have accumulated 100 demerit points in any 2 year period. (Notice must be in writing)

  • A person without a licence becomes a disqualified driver
  • NZTA has delegated authority to carry out roadside suspensions f licences under Section 90(2) of the Land Transport Act
33
Q

Section 96 of the Land Transport Act 1998 gives you the powers to do what?

A

Section 96 - Seizing and impounding vehicles.

34
Q

Under section 96 of the Land Transport Act 1998, how long can you seize and impound that vehicle for?

A

28 Days

35
Q

Under section 96 of the Land Transport Act 1998, you must if practical, seize and impound a motor vehicle for 28 days if you believe that what conditions are present?

A
  • Disqualified driver
  • Suspended or revoked licence
  • No licence and they’ve previously been forbidden to drive
  • EBA 400mcg+ and 2 relevant previous convictions within last 4yrs
  • Blood alcohol 80mg+ and 2 relevant previous conviction within last 4yrs
  • Failed or refused blood test under S72 or S73 and have 2 relevant previous convictions with last 4yrs
36
Q

What Section of the Land Transport Act 1998 enables you to seize and impound a motor vehicle for 7 days in order to preserve evidence, enable scientific examination and/or establish the cause of serious traffic accident?

A

Section 123

You must believe on reasonable grounds that the vehicle was involved in a serious traffic accident or a hit and run, or the driver has failed to stop when required to do so under section 114.

37
Q

When would you use Section 119 of the Land Transport Act 1998?
Entering premises and seizing vehicles

A

If you had good cause to suspect a person has;
- Failed to stop for flashing lights and sirens, and
- Has committed reckless or dangerous driving, or
- Is or has recently been driving under the influence of drink or drugs
And you are freshly pursuing that person, then you can enter and search without warrant for that person and exercise or complete the EBA procedures.

38
Q

Section 95 Land Transport Act 1998

A

28 Day suspensions

MR HAYMUSH POLICEMAN (36 decks)

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