Traffic Offences

Question 1

Section 114(1)-(3)

Answer 1

Power to stop and demand details.

Question 2

What are the powers of Section 114(1)-(3)

Answer 2

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;
or
• an enforcement officer, in a vehicle, including one in plain clothes, may

stop a vehicle by:
− displaying flashing blue, or blue and red lights, or
− sounding a siren
and demand that the driver state:
• their full name, full address, date of birth, occupation and telephone
number (or such of those particulars as the enforcement officer may
specify),
• whether they are the owner of the car and, if not,
• the name and address of the owner of the vehicle or such particulars
within the driver’s knowledge as may lead to the identification of the
owner.

Question 3

The driver must remain stopped for as long as is reasonably necessary for
you to? Section 114(3)&(5)

Answer 3

• obtain particulars, or
• exercise any other power conferred under this Act.
If you stop the driver solely for the purpose of establishing their identity, you can delay them for up to 15 minutes for this purpose.

Question 4

Section 114(6):
You can arrest without warrant any person who:

Answer 4

• fails to stop
• refuses to supply details
• supplies details that you have good cause to suspect are false or
misleading.

Question 5

DIMDFFD

Answer 5

Direct. a person on a road (whether or not they are in charge of a vehicle) to give:

Inspect. INSPECT, test and examine

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.

Direct. he 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.

Forbid. an unlicensed driver to drive a motor vehicle.

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

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).

Question 6

Section 116(1)

Answer 6

You can arrest a person without warrant under section 116 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.

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.

Question 7

Section 115(1)

Answer 7

This power allows an enforcement officer to prohibit vehicles from being driven on a road.

If you believe on reasonable grounds that a vehicle on a road fails to comply with regulations or rules (for example, has a defective exhaust, or a tinted windscreen), you can give notice in writing to the owner/driver that the
vehicle may not be driven on a road until new evidence of vehicle inspection (warrant of fitness) has been obtained. The notice (POL 650 green sticker) is to be affixed to the vehicle’s windscreen.

You also have the option of requiring the owner to obtain a new warrant of fitness and to notify you in writing that the vehicle complies with the regulations.

Question 8

Section 115(3)(b)

Answer 8

If you believe on reasonable grounds that a vehicle on a road is not in a safe condition to be driven on a road (for example, it has illegal modifications, or structural rust), you can give notice in writing (POL 555 pink sticker) to the owner/driver that the vehicle may not be driven 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.

Question 9

Section 52(1)(a)

Answer 9

e A driver who fails to comply with anything you have lawfully required of them under the Act can be charged under section 52(1)(c).

Question 10

FARMED

Answer 10

• 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).

Question 11

When does an officer under Section 121 have power to take keys and forbid driving?

Answer 11

Where an enforcement officer believes on reasonable grounds that any person in charge of a motor vehicle,

(i) 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.
(ii) is not complying with driving hours (under any enactment),

Question 12

When does an officer under Section 121 have power to take keys and forbid driving?

Answer 12

Where an enforcement officer believes on reasonable grounds that any person in charge of a motor vehicle,

(i) 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.
(ii) is not complying with driving hours (under any enactment),

Question 13

Powers of arrest under section 121

Answer 13

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.

Question 14

Section 118(1)&(2)

Answer 14

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 for

in or through the use of a vehicle

Question 15

Section 95(1)

Answer 15

28-Day Suspension of licence:

An enforcement officer who believes on reasonable grounds that any of the following situations apply must give notice to the person that their licence
will be suspended for 28 days.

1. The person has been found to have breath alcohol of over 650mcg of alcohol per litre of breath.
2. The person has been found to have blood alcohol of over 130mgm of alcohol per 100ml of blood.
3. The person has been found to have breath alcohol of over 400mcg of alcohol per litre of breath and has been convicted for any ‘relevant offence’ within the last four years.
4. The person has been found to have blood alcohol of over 80mgm of alcohol per 100ml of blood and has been convicted of any ‘relevant offence’ within the last four years.
5. The person failed or refused a blood test under section 72 or section 73 of the Land Transport Act:
   − at the request of an enforcement officer/authorised medical person, or
   − at hospital.
6. The person drove a vehicle 40kph over the permanent posted speed limit. (Does not apply to infringements caught on speed camera.)
7. The person drove a vehicle 50kph over any speed limit other than the permanent one; for example, temporary speed limit, towing speed limit. (Does not apply to infringements caught on speed camera.)

Question 16

Relevant offences in regards to Section 95(1)

Answer 16

section 56(1) excess breath alcohol >400
• section 56(2) excess blood alcohol >80
• section 57A driving while impaired with blood that contains evidence of use of a qualifying drug
• section 58(1) incapable of proper control under the influence of drink or drug
• section 60(1) failed or refused to give blood
• section 61(1) caused death or injury with EBA
• section 61(2) caused death or injury while incapable.

Question 17

Section 122

Answer 17

If you believe on reasonable grounds that it is in the interest of public safety, you can seize and impound a motor vehicle for a period not exceeding 12 hours. This period may be extended to a further 12 hours, if the circumstances have not changed.

Your obligations are the same as for section 96, with any necessary modifications.

Question 18

Section 123

Answer 18

You can seize and impound a motor vehicle for a period not exceeding seven days in order to:
• 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.)

Question 19

Section 96

Answer 19

You must if practical seize and impound a motor vehicle for 28 days, or authorise someone else to do this, if you believe on reasonable grounds that a person drove on a road while they were subject to one of the following
situations.

1. They were disqualified from holding or obtaining a licence.
2. They had a suspended or revoked driver licence.
3. In the case of a person who is the holder of an alcohol interlock licence, the person operated that vehicle contrary to the conditions of that licence.
4. They were not holding a licence – for example, the licence was expired or they were unlicensed – and they had previously been forbidden to drive.on a co
5. They drove or operated a vehicle in breach of a qualifying bylaw and the vehicle is subject to a warning notice issued under section 22AF
   6) They operated the vehicle in a race or in a unnecessary exhibition of speed on a road contrary to section 22A(1)
   7) They caused the vehicle to undergo a sustained loss of traction in contravention to section 22A(3)
   8) The person has failed to stop or remain stopped under Section 114.
   9) . They have been found to have breath alcohol of over 400mcg of alcohol per litre of breath and have two previous convictions for any ‘relevant offence’ within the last four years.
   10) . They have been found to have blood alcohol of over 80mgm of alcohol per 100 millilitres of blood and have two previous convictions for any ‘relevant offence’ within the last four years.

11). They have failed or refused a blood test under section
72 or section 73 of the Land Transport Act:
− at the request of an enforcement officer or authorised medical person,
or
− at hospital
and
− have two previous convictions for any ‘relevant offence’ within the last four years.

Question 20

careless driving

Answer 20

Section 37:

Falling below the driving standards of a reasonable prudent motorist

Question 21

Reckless Driving

Answer 21

Section 35:

• Knowingly disregarding one’s duty as a driver
• Deliberately running an unjustifiable risk of injury or collision.

Question 22

Inconsiderate Driving

Answer 22

Section 37:
Driving that includes inattention or thoughtless actions or omissions, as well as deliberate ones, which is inconsiderate to the other road users.

Question 23

Dangerous driving

Answer 23

Section 35:

Driving in a manner or speed which was or might have been dangerous to anyone

Question 24

36A(1)(a) 22A(1)

Answer 24

-A person commits an offence if the person
-Operates a vehicle
-In a race
OR
-In an unnecessary exhibition of speed or acceleration
-On a road in contravention of section 22A(1)

Question 25

36A(1)(b)

Answer 25

Without reasonable excuse.
Intentionally pours onto // places on // allows to spill onto.
A road
Any petrol, oil or diesel // Any other substance that causes loss of traction

Question 26

Section 36A(1)(c) 22A(3)

Answer 26

• Without reasonable excuse
• Operates a vehicle on a road
• In a manner that causes sustained loss of traction

Question 27

Section 90(1)

Answer 27

100 demerits over 2 years. 3 month suspension of licence.

Question 28

Relevant Offences under Section 96

Answer 28

section 56(1) excess breath alcohol >400
• section 56(2) excess blood alcohol >80
Section 57 excess breath or blood alcohol by a persons under 20
• section 57A driving while impaired with blood that contains evidence of use of a qualifying drug
Section 57AA contravention of alcohol interlock or zero alcohol licence.
• section 58(1) incapable of proper control under the influence of drink or drug
• section 60(1) failed or refused to give blood
• section 61(1) caused death or injury with EBA
• section 61(2) caused death or injury while incapable.

Question 29

section 31(1)(b)

Answer 29

It is an offence under section 31(1)(b) to fail to comply with the conditions of a learner or restricted licence.
Contravening the conditions of these licences is always an infringement offence, with a fee of $100 and 35 demerit points.

Question 30

Under section 31(1) of the Act, a person commits an offence if they:

Answer 30

(a) Drive a motor vehicle on a road:
(i) with an expired licence, or
(ii) without an appropriate driver licence; or (L144)
(b) Drive a motor vehicle contrary to the conditions of their driver licence; or (L122, L504-L535)
(c) Are the driver of a motor vehicle and fail to produce their driver licence for inspection without delay after being required to do so by an enforcement officer; or (L114)
(d) Fail to return their driver licence to the Director when required to do so by subsection (2), subsection (3) or subsection (4A) of section 30. (L126)

The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $1,000 (section 31(2)).

Question 31

Under section 32(1) of the Act, a person commits an offence if they drive a motor vehicle on a road:

Answer 31

(a) While disqualified from holding or obtaining a driver licence; or (L201)
(b) Contrary to a limited licence; or (L204)
(c) While their driver licence is suspended or revoked. (L143)

Penalty: first or second offence
• three months’ imprisonment or a fine of $4,500; and
• six months’ or more disqualification from driving (section 32(3)).

Penalty: third or subsequent offence
• two years’ imprisonment or a fine of $6,000; and
• one year’s or more disqualification from driving (section 32(4)).

Under subsection (5), corresponding offences under certain other transport related Acts are counted as offences against subsection (1).

The courts may disqualify a defendant as a result of being convicted for a traffic matter relating to road safety; for example, careless driving, dangerous driving, reckless driving, and EBA convictions.

Question 32

Section 52(1)

Answer 32

Under section 52(1), a person commits an offence if they:

(aa) are the driver of a vehicle that is stopped and fails to remain stopped in accordance with Section 114(2A), LTA 1998.

(a) Remove, obscure, or render indistinguishable a notice affixed to a vehicle under section 115, unless:
− new evidence of vehicle inspection has been obtained for the vehicle; or
− if the vehicle was impounded under section 96(1B), the direction requiring the vehicle not to be driven on a road has been cancelled; or
− if applicable, the enforcement officer has been notified in writing that the vehicle complies with the regulations or rules

(b) Drive a vehicle to which a notice under section 115 or section 96(1D) applies (other than when driving to a specified place) before new evidence of vehicle inspection has been obtained for, and is displayed on,
the vehicle; or

(c) Fail or refuse to comply with any lawful requirement, direction, notice, request, or prohibition given to or imposed on them under this Act by an enforcement officer or a dangerous goods enforcement officer; or
(d) Whether or not they are the person to whom the direction was given, knowingly drive a heavy motor vehicle on a road in breach of a direction given by an enforcement officer under section 128.

The maximum penalty on conviction for an offence against subsection (1) is a fine not exceeding $10,000 (section 52(2)).