Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Class 362 final exam - powers and law combined > Traffic PCA > Flashcards

Traffic PCA Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

What are the PCA ranges and where are they found in legislation?

A

Road Transport Act 2013 Section 108

Ranges are:
Novice Range - 0.001 - 0.019
Special Range - 0.020 - 0.049
Low Range - 0.050 - 0.079
Mid Range - 0.080 - 0.149
High Range - 0.150+

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What offence does a person commit if prohibited drugs are found to have been in their blood when they were driving?

Where in legislation is this offence, and what are its elements?

A

Road Transport Act 2013 Section 111

Elements:
- accused
- had in their saliva, bloor or urine a prescribed illicit drug
- while driving, occupying driver’s seat attempting to put vehicle in motion, or supervising a learner driver from the driver’s seat

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Where is the offence of Driving under the Influence found and what are the elements?

A

Road Transport Act 2013 Section 112

Elements:
- Accused
- was under the influence of alcohol or any other drug
- while driving, occupying driver’s seat attempting to put vehicle in motion, or supervising a learner driver from the driver’s seat

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the main occasions when police conduct breath tests?

A
  1. Random Breath Testing (mobile or stationary)
  2. Collisions
  3. Manner of driving
  4. Breach of road rules (traffic offence).
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are the two types of breath test and when are they conducted and when should they not be conducted?

A

Passive
- Generally the initial test at an RBT
- It is only an indication of the presence of alcohol
- If there is presence of alcohol police conduct a standard test to confirm

Standard
- after a positive passive test
- when police already suspect the driver has consumed alcohol, or driver admits this
- in windy conditions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Where does the power to conduct random breath tests come from?

A

Road Transport Act 2013, Schedule 3, Clause 3
power to conduct random breath testing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

When can police not conduct a breath test?

A
  • If the driver has been admitted to hospital where blood sample has been take and the doctor says ‘no’
  • If it is dangerous for the persons health/condition due to injury or illness
  • Any time after the expiration of 2 hours after the collision which brought the driver under notice
  • At the person’s place of abode (within their driveway or curtilage of their home.)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

When may police arrest for breath analysis? Where in legislation is this power?

A

Road Transport Act 2013, Schedule 3, Clause 4

Police can arrest for breath analysis after a driver has failed or refused to take a standard breath test.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Where is the power for police to conduct a sobriety assessment and what can this assessment include?

A

Road Transport Act 2013, Schedule 3, Clause 13 empowers police to conduct a sobriety assessment.

A sobriety assessment is an observation made by police that assesses a persons:
- Breath
- Face
- Eyes
- Speech
- Actions/Movements
- Clothing
- Attitude
- Slightly, moderately or well affected by intoxicating liquor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Where is the power to arrest for a blood and urine sample come from?

A

Road Transport Act 2013, Schedule 3, Clause 14

Police can arrest for blood/urine test after a driver has failed or refused a sobriety test.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Where is the power to arrest anyone involved in fatal / likely fatal collision come from?

A

Road Transport Act 2013, Schedule 3, Clause 12

Power to arrest persons involved in accidents resulting in death for purpose of blood and urine testing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

When can police officers suspend a person’s license?

Where in legislation does this power come from?

A

Road Transport Act 2013, Section 224

  • detect Novice Range PCA
  • detect Special Range PCA
  • detect Low Range PCA
  • detect Mid-Range PCA
  • detect High Range PCA
  • Refuse Breath Analysis
  • Wilfully Alter Concentration of Alcohol
  • Refuse/hinder blood sample (crash patients)
  • Any indictable (driving ) offence causing GBH
  • Any indictable (driving) offence causing death
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What are the time constraints for conducting breath tests and breath analysis?

A

Breath tests and breath analysis must both be conducted within 2 hours of the incident which brought the driver to notice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Where is the offence of prescribed concentration of alcohol in breath/blood and what are the elements?

A

Road Transport Act 2013 Section 110

Elements:
- accused
- had a [novice/special/low/mid/high range] prescribed concentration of alcohol in their blood/breath
- while driving, occupying driver’s seat attempting to put vehicle in motion, or supervising a learner driver from the driver’s seat

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

SECTION KNOWLEDGE TEST:
What are the key sections of the Road Transport Act that relate to PCA and DUI offences, and police powers to test for and punish these?

A

Road Transport Act 2013
S108 - PCA ranges (grams alcohol per 210mL of breath)
S110 - PCA offences
S111 - presence of drug in blood/urine
S112 - DUI offence
S224 - police power to immediately suspend license

Sch 3, cl 3 - power to require breath test
Sch 3, cl 4 - power to arrest for breath analysis test following failed/refused breath test
Sch 3, cl 5 - power to require breath analysis test following positive breath test
Sch 3, cl 12 - power to arrest for blood and urine testing if crash fatal / likely to be
Sch 3, cl 13 - power to require sobriety test
Sch 3, cl 14 - power to arrest for blood/urine test following failed/refused sobriety test
Sch 3, cl 15 - power to require blood/urine test at hospital following cl 14 arrest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What steps should police go through when they suspect a driver may be under the influence of drugs or alcohol?

A
  • Require that driver conduct passive breath test first (skip this if windy, suspect alcohol influence already)
  • If positive or they refuse, issue form of demand and conduct standard breath test
  • If register in PCA range or refuse standard breath test, arrest for breath analysis at station
  • convey to station and require driver to undertake breath analysis (must occur within 2hr of incident that caused driver to come to notice)
  • If fail breath analysis charge with s110 PCA offence; if refuse breath analysis, can suspend license
  • If driver passed standard breath test (no PCA result) but officer believes on reasonable grounds they are under influence of drugs, give form of demand for sobriety test and conduct this
  • If fail or refuse sobriety test, arrest and convey to hospital for blood and urine analysis (for drugs only)
  • Once at hospital, direct driver to comply with hospital staff to provide a sample of blood/urine at hospital (4hr time limit on this from incident)
  • if drugs detected, charge with s111 presence of drugs while driving offence. If not, consider s112 DUI charge based on failed sobriety test.

Class 362 final exam - powers and law combined (11 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions