Traffic Powers Flashcards
Section 114
Stop & tell me more
An enforcement officer may STOP
AND demand that the driver state:
- Their full name, full address, Date of birth, occupation and Number.
- Whether they own the car or not
- Name/Address of the owner of the vehicle
AMOUNT OF TIME allowed to stop
establish identity AND Exercise any other power conferred under this Act
- As long as reasonably necessary
If for only establishing identity
- 15 mins max
Section 113
Give your details to me DIMDFFD
DIRECT - a person to give their details
INSPECT - test and examine breaks or other parts
MOVE - a vehicle so it doesn’t obstruct the road
DIRECT - a driver to move off a road if obstructs
FORBIT - an unlicensed person to drive
FORBIT - A person who is operating a transport service without a licence to operate that transport service
DIRECT - A person driving to stop or use a specific line of traffic. AND a pedestrian to not cross a road.
Section 115
High 5 - Stickers (Green/PINK)
Power to direct that a vehicle not be driven on a road.
POL 650 (Green sticker)
- Fails to comply with rules and regulations
- Can be driven when:
- Notice in writing showing a new WOF has been obtained.
POL 555 (Pink sticker)
- Not in a safe condition to be driven on a road
- Cant be driven until:
- New WOF
- Checked by an authorised person
- Given approval to operate on a road
Section 118
How long must I wait
- obtaining information from the owner or hirer
An owner or hirer has 14 days to give information about the driver if possible if the car has been used to commit an offence.
If the car was used in a PURSUIT the owner/hirer must give the information immediately.
Section 119
Enter mine
- Power of entry to carry out breath alcohol testing
Note: not a power to arrest
Where a person has failed to STOP
AND
has committed or is committing an offence against section 35 or reckless driving
OR
is or has been driving under the influence of alcoholic drink or drug or both
AND you are freshly pursuing that person
you can:
- Without warrant enter any premises which the person has entered by force if necessary to complete EBA procedures.
Section 121
Not tonight son FARMED
When someone isn’t fit to drive because of their physical or mental condition or is not complying with driving hours and officer may do any of the following:
FORBID - the person to drive for a specified time
ALL keys to be surrendered
RENDER - the vehicle immobile
MOVE - any vehicle causing an obstruction
EBA - offenders must be forbidden to drive for 12 hours
DIRECT - a person to drive to a specific place to rest if they have exceeded their driving hours.
Section 95
License 28 days
- If any of the below points apply the person must be issued a 28 day licence suspension. Surrender is immediate.
- Breath alcohol over 650mcg
- Blood alcohol over 130mgm
- Breath alcohol over 400mcg AND convicted of relevant offence in the last 4 years.
- Blood alcohol of 80mgm AND convicted of relevant offence in the last 4 years.
- Failed or refused a blood test
- Drove 40kph over the speed limit.
- Drove 50kmh over any speed limit other than the permanent one.
Section 96
Car 28 days
- Power to seize vehicle for 28 days
You must seize and impound a vehicle for 28 days if you believe one of the following apply:
- They are a disqualified driver
- They are a suspended or revoked driver
- They don’t hold a drivers licence AND they had previously been forbidden to drive.
- Great alcohol over 400mcg AND have two previous convictions for relevant offences within last 4 years.
- Blood alcohol 80mgm AND two previous convictions for relevant offences
- FAILED or REFUSED blood test.
ALSO - boy racer
Seize and impound if:
- Operated in a race, unnecessary exhibition of speed or acceleration on a road.
- Without reasonable excuse sustained loss of traction.
Section 90
Demerits
- over 100 causes suspension for THREE months
- If they do not have a licence then they are disqualified for the same amount of time
Section 122
12 hours seizure - bus tragedy
If you BELIEVE on reasonable grounds and in the interests of PUBLIC SAFETY, seize and impound a motor vehicle not exceeding 12 hours. This can extended for another 12 hours if circumstances have not changed.
Section 123
7 days seizure for EM
You can seize and impound a vehicle not exceeding 7 days to:
- PRESERVE evidence
- enable scientific EXAMINATION
- ESTABLISH the cause of a serious traffic incident.
IF:
- The vehicle was involved in a serious traffic incident or hit and run.
- The driver failed to stop in accordance with section 114 Failing to stop for red/blue lights.
Driving breaches in order of seriousness
- Inconsiderate
- Careless
- Dangerous
- Reckless
Note: Reckless driving has an element of intent that dangerous driving does not.
