5 Flashcards
(5 cards)
What section allows you to close a road in the Policing Act 2008?
Answer:
Section 35 temporary closing the roads.
Answer:
RCTB public disorder exists or is imminent near or at that place, or danger to a member of the public exists or may reasonably be expected at that place
or offense punishable by 10 or more years in prison and has been committed or discovered at or near that place
Under section 114 of the Land Transport Act 1998a what power does an officer have?
Answer:
Power to
Stop a vehicle
Vehicle to remain stopped
Get praticulars
15 minutes to establish ID of driver
May arrest for failing to comply with this section
- Enforcement officer may require the driver of the other vehicle to stop
- Vehicle must remain stopped for as long as is reasonably necessary for the enforcement officer to complete the exercise of any powers conferred with or any duties imposed on the officer
- Give full name full address date of birth ownership of vehicle details etc. to the enforcement officer
- Ask the driver to remain stopped as long as reasonably necessary to enable the officer establish identity of the driver but not for longer than 15 minutes if the requirement to remain stopped is made under this subsection only.
- An enforcement officer may arrest a person without warrant if the officer has good cause to suspect a person of failing to comply with this section or a signal request or giving false or misleading information under this section.
What powers of sec 120 LTA give an enforcement officer? (3)
Answer:
Arrest a person without warrant has good grounds to suspect that person has-
Committed offense against any of sections 58 to 62, or
Has assaulted that or any other enforcement officer acting in the course of their duty
Person does not complete a compulsory impairment test and a satisfactory mean manner for the officer who is trained to give the test (s71A)
In Sec 121 LTA what do you need to believe on reasonable grounds? (5)
Answer:
The officer BORG that person in charge of a motor vehicle at time is:
- Is incapable of proper control due to physical/mental condition or
- Does not complete the Compulsory impairment test
- Fails or refuses to undergo a compulsory
- Not complying with work/rest time
- Action is necessary in the interest of that person or any other person of the public
- Is incapable of having proper control of the vehicle due to his/her physical or mental condition, or
- does not complete the compulsory impairment test an satisfactory manner to an enforcement officer who is trying to give the test, or
- fails or refused to undergo compulsive impairment test when required to do so under section 71A, or
- the requirements of any enactment concerning work time or rest time and not being complied with
- in all the circumstances, the direction or Prohibition or action is necessary in the interest of that person or any other person of the public
Under section 121 LTA. What can an officer do in relation to a driver who is deemed incapable of driving?
Answer:
- Forbid the person
- Direct the person to a specified place to rest
- Take the keys
- Immobile car
- Forbid the for 12 if positive EBA
- May arrest if failing to comply
- forbid that person to drive a motor vehicle for such a period as a enforcement officer specifies
- Direct the person to drive the vehicle to a specified place where the driver may obtain rest, or where the load of the vehicle and the conditions make it appropriate that the driver should drive to that place
- Take possession of all ignition or other keys of the vehicle and for that purpose require that person to deliver up immediately all such keys.
- Take such steps as maybe necessary to render the vehicle immobile or move it off the road so not traffic hazard
- forbid a person under subsection 2(a) who has undergone an evidential breath test and that the test is positive for a period of 12 hours unless satisfied there is good reason for imposing shorter prohibition.
- officer may arrest person without warrant who fails to comply with a direction under this section
