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Justins police notes > Traffic Powers > Flashcards

Traffic Powers Flashcards

1
Q

What are the powers under Section 116 of The Land Transport Act 1998?

A

This allows an OFFICER to arrest someone who has not followed DIRECTIONS given to them under SECTION 113 or SECTION 115. or 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

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2
Q

What are the powers under Section 118 of The Land Transport Act 1998?

A

This means if ANYONE was driving your car and COMMITS an OFFENCE in your car then you must upon request by a OFFICER give the details of the DRIVER and/or PASSENGERS at the time.

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3
Q

What are the powers under Section 121 of The Land Transport Act 1998?

A

The POWERS to TAKE KEYS and FORBID DRIVING.

FORBID that Person to drive for a SPECIFIED TIME.

ALL key’s to be SURRENDERED.

RENDER the vehicle immobile.

MOVE or caused to be moved, any vehicle causing OBSTRUCTION or HAZARD, to a place where it does not constitute a hazard.

EBA offenders MUST be FORBIDDEN from driving for 12 hours.

DIRECT that person to drive to a SPECIFIED place to rest if they have EXCEEDED their driving hours.

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4
Q

What are the powers under Section 119(1)&(2) of The Land Transport Act 1998?

(Entering Premises and Seizing Vehicles)

A

Where an officer has GCTS any person:

  • Has failed to stop for flashing lights or a siren,
  • And has committed or is committing Reckless or Dangerous driving 35(1)(a)&(b)
  • Has been recently driving drunk or high or both
  • And you are freshly pursuing that vehicle
  • you can enter in the course of pursuit without warrant any premises (if necessary use force) to carry out the EBA procedures.
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5
Q

What are the powers under Section 122 of the Land Transport Act 1998?

A

In the INTEREST of PUBLIC SAFETY you can SEIZE and IMPOUND a vehicle for 12 hours.
(your obligations are the same as section 96 with any necessary modification).

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6
Q

What are the powers under Section 123 of the Land Transport Act 1998?

A

You can seize and impound a vehicle for 7 days in order to.
- Preserve evidence
- Enable scientific examination
- Establish the cause of a serious traffic accident.
or if you have RGTB
- The vehicle has been involved in a serious traffic accident or hit and run
- The driver failed to stop for flashing lights and/or sirens under section 114.

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7
Q

What are the powers under Section 90 of the Land Transport Act 1998?

A

SUSPENDING licenses and DISQUALIFYING from DRIVING.
Any driver who has accumulated 100 or more demerit points over a two year period must have their license suspended for 3 months.

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8
Q

What are the powers under Section 95 of the Land Transport Act 1998?

A

An enforcement officer must suspend any drivers license for 28 days who

Exceeds 650 mcg on a EBT

Exceeds 130 mgm on blood test

Exceeds 400 mcg on EBT and has previous DIC in the last 4 years

Exceeds 8 mgm on blood test and has previous DIC in the last 4 years.

Drove in excess of 40 kph over the posted permanent speed limit

Drove in excess of 50 kph over the posted temporary speed limit.

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9
Q

What are the powers under Section 96 of the Land Transport Act 1998?

A

Seizing and impounding vehicles for 28 days.

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.

  • DISQUALIFIED
  • SUSPENDED OR REVOKED LICENSE
  • THEY WERE OVER 400 mcg or 80 mgm (with 2 previous related charges in the last 4 years).
  • FAILED OR REFUSED A BLOOD TEST.
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10
Q

What are the powers under Section 113(2) of the Land Transport Act 1998?

dImdffd

A

INSPECT, test and examine.

The BRAKES or any other part of the VEHICLE on a ROAD or any associated equipment.

Any land transport document in or on the vehicle

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11
Q

What are the powers under Section 113(2) of the Land Transport Act 1998?

diMdffd

A

MOVE, or authorise any other person to move any vehicle if the officer has RGTB:

The vehicle is causing an OBSTRUCTION.

REMOVAL of that vehicle is desirable in the interests of ROAD safety or interest of the PUBLIC.

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12
Q

What are the powers under Section 113(2) of the Land Transport Act 1998?

dimDffd

A

DIRECT the DRIVER or person in charge of a vehicle to remove the vehicle from the road if the officer has RGTB that:

The vehicle is causing an OBSTRUCTION.

REMOVAL of that vehicle is desirable in the interests of ROAD safety or interest of the PUBLIC.

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13
Q

What are the powers under Section 113(2) of the Land Transport Act 1998?

dimdFfd

A

FORBID

An unlicensed driver to drive a motor vehicle.

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14
Q

What are the powers under Section 113(2) of the Land Transport Act 1998?

dimdfFd

A

FORBID

A person who is operating a TRANSPORT SERVICE without a license to operate that transport service.

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15
Q

What are the powers under Section 113(3) of the Land Transport Act 1998?

dimdffD

A

DIRECT
The power to perform points duty (WHITE GLOVES DUTY or TRAFFIC DUTY) E.G. standing in the middle of an intersection when the lights are not working directing traffic.

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16
Q

What are the powers under Section 114(1-3) of The Land Transport Act 1998?
(Stopping Vehicles and Demanding Details).

A

An OFFICER

  • In uniform
  • 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 officer in a vehicle, including one in plain clothes may stop a vehicle by. Displaying lights or siren

And demand the driver state

  • Full name
  • Address
  • DOB

If not the owner of the car they must give the details of the owner that they know.

17
Q

What are the powers under Section 114(1) & (5) of The Land Transport Act 1998?
(Stopping Vehicles and Demanding Details).

A

The driver must remained stopped for as long as reasonably necessary for you to:

Obtain Particulars.

Exercise any other powers conferred under this act.

If you only stop to obtain identity you can only delay them 15 minutes.

18
Q

What are the powers under Section 114 (6) of The Land Transport Act 1998?
(Stopping Vehicles and Demanding Details).

A

POA

  • Fails to stop
  • Refuses to supply details
  • Supplies details you have good cause to suspect are false or misleading.
19
Q

What are the powers under Section 115(1) of The Land Transport Act 1998?
(Banning Vehicles from the Road)

A

POL 650 (GREEN STICKER)

If you have RGTB a VEHICLE FAILS TO COMPLY WITH REGULATIONS OR RULES order vehicle off the road until it passes a WOF

On request the owner must inform the officer that the vehicle has a new WOF when it gets it.

20
Q

What are the powers under Section 115(2) of The Land Transport Act 1998?
(Banning Vehicles from the Road)

A

POL 555 (PINK STICKER)

If you have RGTB a a vehicle is NOT IN A SAFE CONDITION TO BE DRIVE ON THE ROAD.
This vehicle must not be driven on the road until

It has had a warrant from someone who is not a repairer E.G. VTNZ

New evidence of vehicle inspection is displayed on the vehicle.

The owner/driver is given approval to operate on a road.

21
Q

What are the powers under Section 121 of The Land Transport Act 1998?

(Taking Keys and Forbidding to Drive)

A

Where you have RGTB that a person in charge of a motor vehicle, because of his or her physical or mental condition.
- is incapable of proper control of the vehicle
- Does not satisfactorily complete an impairment test
- Fails or refuses to do an impairment test.
- Is not complying with driving hours.
The enforcement officer may carry out the following actions

FARMED

FORBID that person to drive for a specified time.

ALL keys to be surrendered.

RENDER the vehicle immobile.

MOVE a vehicle to a place where it is not an obstruction or hazard.

EBA Offenders must be forbidden to drive for a 12 hour period.

DIRECT a person to drive to a specified place to rest if they have exceeded their driving hours.

22
Q

What are the powers under Section 119 (3) of the Land Transport Act 1998?

(Entering Premises and Seizing Vehicles)

A

You can.

  • Without warrant enter by force
  • a building or place where a vehicle is being stored or kept and sec 96 or 123 apply.
  • to seize and impound a vehicle

You can do this if.

  • you are freshly pursuing the vehicle
  • The vehicle is about to be removed, concealed, destroyed or disposed of
  • you have RGTB the vehicle was about to be used in the commission of a crime
  • it is impracticable because the time of day or location to obtain a warrant.
23
Q

What are the powers under Section 119 (5) & (6) of the Land Transport Act 1998?

(Entering Premises and Seizing Vehicles)

A

Sections 119 (5) & (6) give you the power to apply for a warrant to seize a vehicle under sections 96 & 123.

24
Q

What are the powers under Section 119 (7) of the Land Transport Act 1998?

(Entering Premises and Seizing Vehicles)

A

Exercising your power of entry under section 119 does not permit you to arrest a person for an offence against the LTA 1998 except for:

  • Failing to remain for the result of a BST or EBT
  • Failing to accompany you
  • Driving under the influence of drink or drugs.
  • Refusing to remain for a blood test
  • Refusing to give blood
  • Assaulting an enforcement officer.

Justins police notes (21 decks)

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