RTA

Question 1

What is the authority to stop a vehicle?

Answer 1

A PO may for the purpose of or in connection with exercising other powers under a road law, direct

• the driver to stop the vehicle
• the driver or other person NOT to do the following
  
  • move the vehicle
  • interfere with it or any equipment on it
  • interfere with its load

Question 2

When does the authority fo 40H cease?

Answer 2

Driver receives a conflicting later direction or indicates the direction is not longer operative.

Question 3

What is the authority to search a vehicle on a road or premises?

Answer 3

A PO may search a vehicle for compliance purposes if it is on a road or press owned by public authority, if the officer BORG

• the vehicle has been/is being/is likely to be used in the commission of an Aus road law offence; or
• the vehicle has been involved in a crash

Question 4

What is the authority to request personal details?

Answer 4

If a PO suspects on reasonable grounds a person whose details are unknown to the officer

• is or may be a responsible person; or
• has/is/is about to commit an Aus road law offence
• may be able to assist in the investigation of a Aus road law offence or suspected offence
• is or may be the driver or person in charged of a vehicle involved involved in a crash

A pO may direct a person to produce evidence of a detail if they suspect it to be wrong

Question 5

What are personal details?

Answer 5

• full name
• DOB
• address where the person lives
• address where person usually lives
• business address

Question 6

What are a driver’s obligations where a person has been killed or injured?

Answer 6

Driver of a vehicle involved in a collision where a person is killed or injured must:

• immediately stop the vehicle and give all possible assistance
• not more than 90 mins after present to police for purpose of providing particulars and submitting to any requirement to undergo testing

Question 7

What is misuse of a MV?

Answer 7

A person misuses a MV if they:

• operate the vehicle so as to produce a sustained wheel spin
• drives a MV so as to cause engine or threat noise or both, likely to disturb the peace of persons residing or working in the vicinity
• drives MV onto a park or garden or other road related area so as to break up the ground surface or cause other damage

Question 8

What is careless driving?

Answer 8

A person must not drive a MV without due care, attention or without reasonable consideration for other persons using the road.

Question 9

What aggravates careless driving?

Answer 9

• causes death or serious harm
• in attempts to escape pursuit
• under disqual
• Cat 2 PCA
• at excessive speed
• DUI

Question 10

What is excessive speed?

Answer 10

A person who drives a vehicle at a speed exceeding 45 km/hr a speed limit that applies under the Act or MVA IGOO.

Question 11

What is reckless/dangerous driving?

Answer 11

A person must not drive a vehicle recklessly or at a speed or in a manner which is dangerous to any person.

Question 12

What are the considerations for reckless/dangerous driving?

Answer 12

• nature, condition and use of road
• amount of traffic
• traffic reasonably expected to enter the road
• other relevant circumstances

Question 13

What is DUI?

Answer 13

A person must not drive a vehicle or attempt to put a vehicle in motion while so much under the influence of an intoxicating liquor or drifts to be incapable of exercising effective control of the vehicle.

Question 14

What is the offence for pca?

Answer 14

A person must not drive a MV or attempt to put a MV in motion while there is present in their blood a prescribed concentration of alcohol.

Question 15

How will Cat 1 PCA be dealt with?

Answer 15

• 1st offence MUST be expiated

Question 16

When may a drive testing station be established?

Answer 16

A DTS may be established at any time on or in the vicinity of any road for the purpose of enabling screening tests to be conducted in relation to a persons driving MV on the road.

Must vibe established with warning devices as necessary for vehicles to be stopped in a safe and orderly manner.

Question 17

What is the authority to submit a person to an alco?

Answer 17

A PO BORG a person:
- is driving, has driving a MV; or
- is attempting or has attempted to put a MV in motion; or
- is acting or has acted as a QSD for a learner
May require that person to submit to alco, BA or both

Question 18

What happens when a person cannot comply with alco/BA for medical reasons?

Answer 18

PO must do all things reasonably necessary to facilitate the taking of a sample of blood by:

• a med practitioner nominated by the person; or if not practical
• Any med practitioner available to take the sample

Question 19

When may a person make a defence for failing to comply with direction?

Answer 19

• sample of blood taken
• a request made to have a sample of blood but PO did not facilitate or med practitioner not reasonably available
• taking of blood was not advisable by reason of a physical or medical condition

Question 20

What are random testing powers?

Answer 20

When a PO directs a MV to stop or makes requirement to submit to an alcotest/drug screen they must:

• be in uniform
• be in a marked police vehicle OR displaying red and blue lights or sounding an alarm
• alco is in immediate vicinity or possession
• not cause any undue delay or inconvenience

Question 21

When will blood tests be compulsory?

Answer 21

Within 8 hours of collision a person above the age of 10 attends a hospital for treatment the med practitioner will take a blood sample ASAP.

Question 22

When can ILOLs be issued?

Answer 22

• PCA Cat 2 & 3
• Failure to comply with alcotesting.
• Failure to comply with drug screening.
• Refusal for crash blood with false statement or general refusal without reason.