Traffic Law Powers

Question 1

s113 LTA 1998

Answer 1

DIMDFFD

Direct a person to give full details whether or not in charge of vehicle, or details to identify the driver.

Inspect.

Move a vehicle or authorise another to move it.

Direct someone to remove their vehicle if an obstruction.

Forbid unlicensed driver to drive

Forbid unlicensed transport service from driving

Direct a person to stop and redirect them

Question 2

s114 LTA 1998

Answer 2

Gives power to stop vehicles and demand details from the DRIVER; if they own the car or not, and if not, the ID of the owner

Question 3

Under s114, how long can you stop a driver for?

Answer 3

15 minutes to gather details, otherwise as long as reasonably necessary

Question 4

What’s your arrest power if someone refuses to stop or give details under s114

Answer 4

s114(6)

Question 5

When can you use s114?

Answer 5

To stop people to enforce LTA 1998 or related traffic regulations, it’s not a general stopping power.

Question 6

s115 LTA 1998

Answer 6

Banning vehicles from the road with a green (POL650) or pink (POL 555) sticker.

Question 7

What is a green sticker for?

Answer 7

POL650
Have RGTB vehicle fails to comply with regulations (tinted windows etc)

Question 8

What is a pink sticker for?

Answer 8

POL555. RGTB vehicle is not in SAFE condition to be driven until evidence given of inspection e.g. structural rust

Question 9

s116 LTA 1998?

Answer 9

Arrest power for failing to comply with s113 or s115

Question 10

s118 LTA 1998

Answer 10

118 got your plate. Can require owners/hirers of a vehicle to give ID/info within 14 days if they’re alleged to have committed an offence against ANY act while in charge of the vehicle, or the passenger

Question 11

How long does the owner/hirer of a vehicle have to supply driver info under s118?

Answer 11

14 days

Question 12

s119 LTA 1998?

Answer 12

Power to enter premises and seize vehicles after fresh pursuit.
Need RGTS they’ve failed to stop for police, committed a driving offence, or EBA/drug driving AND you’re freshly pursuing them.
Then can enter and do EBA procedures

Question 13

What power does s119 give you? Obligations?

Answer 13

Can enter any premises the person you’re pursuing has entered, by force if necessary to do EBA procedures.

Can also enter to seize and impound a vehicle. Must be fresh pursuit, and belief vehicle will be CADD, or RGTS the vehicle was about to be used in a crime.

Subject to s131 SASA 2012 so just give RAIN rights.

Question 14

Does s119 allow for arrest?

Answer 14

No, just entry to do EBA, or seize/impound vehicle

Question 15

s121 LTA 1998

Answer 15

FARMED
Forbid person to drive for specific time
All keys surrendered
Render vehicle immobile
Move vehicle causing obstruction
EBA offenders forbidden to drive for 12 hours
Direct person to rest if they’ve exceeded driving hours

Question 16

s121(4) LTA 1998

Answer 16

Arrest power for failing to comply with directions given under 121 FARMED

Question 17

s122 LTA 1998

Answer 17

Power to seize a vehicle for 12 hours.
Must have RGTB it’s for the public safety - it is a last resort

Question 18

s123 LTA 1998

Answer 18

Can impound vehicle for 10 working days to preserve evidence; scientific examination; determine cause of serious crash

RGTB vehicle involved in serious accident, hit and run, or failed to stop for lights and sirens

Question 19

What reason must you have for impounding a vehicle for 10 days under s123 LTA 1998?

Answer 19

RGTB involved in serious accident, hit and run, or failed to stop for lights and sirens.

Can impound for scientific exam, preserving evidence, or establish cause of accident

Question 20

s95 LTA 1998?

Answer 20

Suspension of license for 28 days
Need RGTB and to give notice to the person

Question 21

Under s95 LTA 1998, what circumstances give you grounds to suspend a license for 28 days?

Answer 21

• Breath alc. over 650mcg alc per L breath
• Breath alc. over 400mcg AND relevant offence in past 4 years
• Blood alc. over 130mg per 100ml blood
• Blood alc. over 80mg AND relevant offence in past 4 years.
• Refuses/fails blood test by officer or at hospital
• 40kph over posted speed limit
• 50kph over temp. speed limit

Question 22

How long does someone have to surrender their license under s95 28 day suspension?

Answer 22

Must surrender it immediately

Question 23

s96 LTA 1998

Answer 23

Seizure and impound for 28 days of vehicles in certain circumstances relating to certain offences.

Question 24

How much breath alcohol can an adult have before they start being charged?

Answer 24

250mcg

Question 25

What do you say when about to do a breath screening test?

Answer 25

“I require you to undergo a BST without delay”

Question 26

What do you say when someone fails a breath screening test?

Answer 26

“I now require to you accompany me to X police station or other such place for the purpose of an evidential breath test, blood test, or both”

Question 27

If someone refuses to accompany for an evidential breath/blood test, what do you do?

Answer 27

Warn them, then arrest for failing. Bill of Rights, 125, s85 search. EBT continues

Question 28

What do you say when doing an evidential breath test?

Answer 28

“I now require you to undergo an evidential breath test without delay”

Question 29

If someone is under 20 and their breath result is 1-150, what do you do?

Answer 29

No need to do blood, they receive an ION. They can elect blood but will still have ION and demerits

Question 30

If 20+ evidential breath test is 250-400, what do you do?

Answer 30

ION issued, consider using s121 FARMED They are NOT entitled to elect blood

Question 31

If under 20 and breath is 150+ or over 20 breath is 400+ what do you do?

Answer 31

If this is the result or the refuse evidential breath test, then advise of positive evidential breath test, then give 10 minutes for them to decide to elect blood.

Question 32

If an under 17 has positive breath test what is the court procedure?

Answer 32

No summons for court, file for YAS.

Question 33

What are the relevant offences for a license suspension or vehicle impoundment?

Answer 33

Excess breath 400 Excess blood 80 Incapable of proper control Failed or refused blood Caused death/injury w EBA Caused death/injury while incapable

Question 34

What circumstances does license suspension occur under s95?

Answer 34

Breath over 650 Blood over 130 Breath 400 + 1 offence last 4 years Blood 80 + 1 offence last 4 years Failed/refused blood

Question 35

Where is your arrest power for EBA offences?

Answer 35

s120 LTA

Question 36

When does mandatory impoundment occur?

Answer 36

400+ breath + 2 offences last 4 years 80 blood + 2 offences last 4 yrs Failed/refused blood and 2 relevant offences 4 yrs If driver blows under 400 but 2 offences, still impound on this result