Traffic Offences Flashcards
What are the factors that make up careless driving
- Driving without due care and attention or
- Without reasonable consideration for other persons using the road
What are the careless offences
TORUM Act
Motor vehicle: - Careless driving of a motor vehicle
Other than a motor vehicle: -Dangerous driving of vehicle - Must be on a road - Offence applies to a vehicle other than a motor vehicle such as Train Tram Hovercraft Animal Skateboard Scooter
What are the offences for dangerous operation
Crim Code:
Motor vehicle: - Dangerous Operation of a vehicle s84(1)
- Operates or Interfering with the operation of the motor vehicle dangerously
TORUM Act
- Dangerous driving of vehicles (Other than a motor vehicle) – ToRUM 84(1)
- Factors of being dangerous
What are aggravating factors for dangerous driving
- drugs/alcohol
- speed/racing
- Previous conviction for the same offence
turns from a misdemeanor to a crime
What are the four classes of vehicle defects
- self-clearance defect
- minor defect
- major defect
- major dangerous defect
time frame to issue an infringement
8 months from the time of the offence
What is the purpose of a breath test
To establish an INDICATION of the concentration of alcohol in a persons breath
Can you RBT a person riding a bicycle
No
Can you RBT a person riding a bicycle/ animal whilst intoxicated
No. but arrest for driving etc. animals and other things while under the influence (torum 79.7)
what do you do if the bas instrument isn’t working
- Detain, take to another station
- Detain, what for another BAS instrument
- Detain take to hospital for blood
Time period to produce a drivers if person does not have it on them during a 3T
48hrs
How many offences can go on each TIN and how upto how many TIN’s can be issued
- One offence per TIN and upto 3 TINS
Type one Traffic Offences
- Careless driving
- Dangerous Op
- Racing/Hooning
- Unnecessary noise
- Evade Police
1st Offence - 90 days impounding
2nd Offence - Until end of proceedings
Type Two traffic Offences
- Unregistered and uninsured motor vehicle
- Unlicensed or Disqualified
- EBA 1.5 or above
- Driving during 24 suspension
- Illegally mod car
1st offence - Nil
2nd offence - 7days
3rd - 90 days
4th - till the end of the proceedings
Who can serve a TIN without completing a traffic breach report
- O/C
- Superintendent of crash