Traffic Powers Flashcards
What are you powers under section 113 LTA 1998?
113(1)(a)+(b) - enforcement officer in uniform has the power to enforce regulations, rules and by laws of relevant acts.
113(2) - DIMDFFD: Direct, Inspect, Move, Direct, Forbid, Forbid, Direct. Direct people on the road, test and examine vehicles, move a vehicle, direct the driver to move, forbid and unlicensed drive, forbid a transport service driver, direct traffic.
What are you powers under section 114 LTA 1998?
114(1-3) - an enforcement officer in uniform can signal a driver to stop as soon as practicable or if not in uniform with blue and red lights OR siren AND demand the drive to state their full particulars, whether the owner of the car or not AND the owner of the vehicle and their address.
114(3)+(5) - stop them for as long as necessary to obtain particulars or exercise any other powers of the act (if solely for identification 15 minutes maximum)
114(6) - power to arrest if failure to stop, failure to provide details, or provision of false or misleading details.
What are you powers under section 115 LTA 1998?
115(1) - prohibit vehicles to be driven on the road if on reasonable grounds the officer believes it fails to comply with road regulations (POL650 Green sticker), requires the owner to obtain a new warrant.
115(3)(b) - prohibit vehicles to be driven on the road if on reasonable grounds the officer believes it is not it a safe condition to be driven on the road (POL555 Pink sticker), vehicle to be inspected by authorised inspection agent, needs approval to operate on the road and evidence displayed.
Further conditions can be applied like authority to be driven to an authorised vehicle inspection agent.
What are you powers under section 116 LTA 1998?
Powers to arrest if failure to comply with section 113 or 115 LTA 1998.
What are you powers under section 117 LTA 1998?
Person is authorised by an officer to enter, move or impound a vehicle, but must do everything in their power to ensure the vehicle and personal property are not damaged. This a is a person who has lawful ownership of the vehicle, otherwise the vehicle must be erased to the lawful owner before it is moved.
What are you powers under section 118 LTA 1998?
118(1)+(2) - enforcement officer may require the owner or hirer of any vehicle to give, within 14 days, all information that may lead to the identification and apprehension of the driver alleged to have committed an offence against any act while in charge of the vehicle.
(The information required must be within the owner/hirers ability to supply)
118(4) - an enforcement officer can require the owner of a vehicle used to flee a police pursuit to immediately give you all information available to them to lead to the identification and apprehension of the driver IMMEDIATELY.
(Does not apply if the owner is detained or arrested for the related offence)
What are you powers under section 119 LTA 1998?
119(1)+(2) - an officer with good cause to suspect that a driver had failed to stop, had committed a dangerous driving offence, driving under the influence of alcohol and/or drugs AND you are freshly pursuing. May enter without warrant the premises of which the person has entered to complete an breath test.
119(3) - An Officer without warrant, may enter a building or place to seize a vehicle which sections 96 and 123 apply, if they are freshly perusing, chance of CADD, and it is an impractical time of day to obtain a warrant.
119(5) - retrieve a warrant to seize a vehicle under section 123 and 93.
119(7) - this section does not allow you to make an arrest unless, failing to remain for alcohol test, failing to accompany you, driving under the influence, refusing to give blood, assaulting an enforcement officer.
What are you powers under section 121 LTA 1998?
FARMED - Powers to take keys and forbid from driving if the enforcement officer believes on reasonable grounds that the person in charge of the motor vehicle, is incapable of proper vehicle control, failure to comply with or fails a compulsory impairment test when required. The officer may forbid them to drive until specified time, surrender all keys, move their vehicle to a safe place, EBA offenders are forbidden to drive for 12 hours, or direct that person to a specified place to rest if they have exceeded their driving hours.
121(4) - power to arrest if failure to comply with directions, attempting any act forbidden by section 121.
What are you powers under section 122 and 123 LTA 1998?
122 - if the officer believes on reasonable grounds that it is in the best interest of public safety, they can seize and impound a motor vehicle for up to 12 hours, and extend that if the circumstances do not change.
123(1) - power to seize vehicle for up to 7 days to preserve evidence, for examination or establish the cause of a serious traffic incident
(E.g hit and run, failure to stop)
Under what circumstances can police officers seize vehicle for 12 hours, 7 days and 28 days?
12 hours - best interest of public safety 7 days - preserve evidence - scientific examination - cause of serious traffic incident - involved in serious traffic incident - driver failed to stop 28 days - was disqualified from holding or obtaining a license - suspended or revoked license - holder of an alcohol interlock license - unlicensed - drove in breach of qualifying bylaw - operated the vehicle in a race or unnecessary road speed - operated the vehicle under sustained loss of traction - failed to stop under s114 - fail breath/blood alcohol test - refused breath/blood alcohol test
What circumstances(7) can police suspend a drivers license for 28 days?
- Breath alcohol over 650mcg
- Blood alcohol over 130mgm
- Breath alcohol over 400mcg if convicted of ‘relative offences’ within 4 years
- Blood alcohol over 80mgm if convicted of ‘relative offences’ within 4 years
- Failure or refusal of blood test under section 72 and 73
- The person drove over 40kmph over the permanent posted speed limit
- The persons rove over 50kmph over any speed limit other than the permanent one (eg temporary speed limit)
