Traffic Offences Flashcards
What are the Traffic Offences I need to know?
Section 90: Suspending licence and disqualifying from driving.
Section 95: 28 Days Licence Suspension
Section 96: 28 Days Seize & Impound
Section 96(1)(a): Boy Racer
Section 113: General Powers (DIMDOD)
Section 114: Stopping & Demanding Details
Section 115: Banning Vehicle (green & pink)
Section 116: Power of Arrest
Section 118: Obtaining Info
Section 119: Power of Entry
Section 121: Taking Keys/Forbidding to drive (FARMED)
Section 122: Seize Vehicle 12hr
Section 123: Seize Vehicle 7 Days
Section 90
Suspending Licence & Disqualifying From Driving
Within a two year period any person who obtains 100+ demerits
Section 95
Suspend Drivers Licence for 28 Days
Breath alcohol over 650mcg / L breath
Blood alcohol over 130mg / 100ml blood
Any person failed, refused blood test under S72 Enforcement officer) or S73 (doctor) for the LTA98
Any person that drove at +40kph over a permanent speed limit
Any person that drove at +50kph of any other limit (towing or temporary speed etc)
Section 96
Seize & Impound Vehicles for 28 days
You MUST seize and impound a motor vehicle for 28 days if
They were disqualified from holding or obtaining a licence
They had a suspended or revoked licence
Licence expired (or) they were unlicensed and have previously been forbidden to drive
Section 96(1)(a)
Boy Racer
You MUST seize and impound a motor vehicle for 28 days if you believe on reasonable grounds that a person
Operated the vehicle in a race or in an unnecessary exhibition of speed or acceleration on a road
Operated a vehicle on a road in manner that caused the vehicle to undergo sustained loss of traction
Green sticker to notify the driver/owner of a defective vehicle so after the 28 days they must get a new WOF
Section 113
Powers once Stopped
Allows you to demand details from drivers you have not stopped and to obtain details from passengers when enforcing the LTA98 legislation
D = DEMAND personal details (Full – Name, DOB, Address, identification) & driver in charge I = INSPECT test or examine vehicle / equipment / documentation M = MOVE or authorise another person to move any vehicle causing an obstruction or hazard D = DIRECT the driver or person in charge of vehicle on a road to move the vehicle O = ORDER / forbid an unlicensed driver not to drive until they obtain the required licence D = DIRECT vehicles / pedestrians to stop or proceed in a particular line of traffic or direction. Point Duty
POA – Section 116 – Failing to comply as directed
What does DIMDOD stand for?
D = DIRECT a person on a road to give details (Full – Name, DOB, Address, identification) whether or not they are in charge of a vehicle I = INSPECT test or examine vehicle / equipment / documentation M = MOVE or authorise another person to move any vehicle causing an obstruction or hazard D = DIRECT the driver or person in charge of vehicle on a road to move the vehicle O = ORDER / forbid an unlicensed driver not to drive until they obtain the required licence D = DIRECT vehicles / pedestrians to stop or proceed in a particular line of traffic or direction. Point Duty
Section 114
Stopping Vehicles & Demanding Driver Details
Power to STOP
In uniform or wearing hat displaying badge
OR
In a vehicle (including plain clothes) displaying flashing blue, or blue and red lights or sounding a siren
Demand DETAILS
Their full name, full address, DOB, Occupation, Telephone Number
Whether they are the owner of the car and, if not
The name and address of the owner of the vehicle.
Keep the driver stopped for up to 15 minutes to establish identity. Once identity is established your 15 minutes is up and you are stopping them for as long as reasonably necessary to check vehicle only.
POA Section 114(6)
Who fails to stop
Refuses to supply
Supplies false or misleading details
Section 115
Banning vehicles from the road
GREEN - FAILING TO COMPLY WITH REGULATIONS OR RULES (i.e. defective exhaust, tints). Can be removed by any WOF agent.
PINK - NOT IN A SAFE CONDITION TO BE DRIVEN ON A ROAD (i.e. Structural rust or illegal modifications). Can only be removed by a testing station that does not do repairs.
POA Section 116. You can arrest any person who fails to comply
Section 116
Power of Arrest
This section is used to cover any person failing to comply with sections 113 & 115 of the LTA1998
Section 118
Obtaining information
REQUIRE - OWNER OR HIRER of any vehicle to give within 14 DAYS
DEMAND - OWNER of a vehicle used to flee a police pursuit to give IMMEDIATELY
All information which may lead to
ID & apprehension of the DRIVER OR PASSENGER committing ANY OFFENCE AGAINST ANY ACT
Section 119
Power of Entry
GCTS
Has failed to stop for flashing lights or siren AND has committed or is committing an offence of reckless or dangerous driving OR is/has recently been drinking, doing drugs or both
And you are freshly pursuing that person
You can without warrant enter by force if necessary, any premise that person has entered, to perform EBA procedures.
POA Section 119(6). You have statutory obligations RAIN
Exercising your power of entry under Section 119 does not permit you to arrest except for?
D = DRIVING under the influence of drink or drugs A = Failing to ACCOMPANY you R = Failing to REMAIN for the result of BST or EBT B = Refusing to give BLOOD R = REFUSING to remain for a blood test A = ASSAULTING an enforcement officer.
Section 121
Taking keys and forbidding to drive
RGTB that any person in charge of a motor vehicle is incapable:
Because of their PHYSICAL OR MENTAL CONDITION
Does not complete / fails or refuses a Compulsory Impairment Test
Is not complying with their driving hours they can
F = FORBID that person to drive for a specified time A = ALL keys to be surrendered R = RENDER the vehicle immobile M = MOVE (or cause to) any vehicle obstructing or causing a hazard E = EBA offenders MUST be forbidden for 12hrs D= DIRECT that person to drive to a specified place of rest if drive time exceeded.
POA Section 121(4), failing to comply or attempting a forbidden act.
What does FARMED stand for?
F = FORBID that person to drive for a specified time A = ALL keys to be surrendered R = RENDER the vehicle immobile M = MOVE (or cause to) any vehicle obstructing or causing a hazard E = EBA offenders MUST be forbidden for 12hrs D= DIRECT that person to drive to a specified place of rest if drive time exceeded.
