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Question 1

In relation to section 121A LTA what does that give the enforcement officer and what are the conditions that can be imposed?

Answer 1

Answer:
This relates to the directions that the officer may give or immobilize the vehicle if a driver is in breach of certain license conditions.

• Forbid that person to drive a motor vehicle until that person is able to comply with the conditions of that persons learner license or restricted license.
• Direct that person to drive to a specified place
• Take possession of all ignition or other keys of the vehicle
• Take steps to make the motor vehicle immobile or to move the motor vehicle where it is not a traffic hazard
• Take a position under subsection 2(c) or to mobilize or move under section 2(d) until driver is able to drive the vehicle without breaching any of the conditions or another person is able to drive the vehicle without breaching that persons license or any enactment

Question 2

What was held in TAPARA v Police?

Answer 2

Answer:
Court held that the constables who wished to stop the vehicle under section 66(2) of the Transport Act 1962 (now s114 Land Transport Act 1998) were not justified just because they wanted to speak to the passenger.
There no other justified reason for the vehicle stop associated to driving behavior and under the provisions of section 66 (LTA) do not completely give the officers unrestricted right to stop the vehicle.

Question 3

Fleeing driver framework sets out two potential justifications to initiate or continue a pursuit, either of which must be met:

Answer 3

1. Based on the threat posed by the driver/occupants as determined by the officers PCA of the situation and behaviour
2. Based on the seriousness of an offence suspected to have been committed by the driver/occupants and the risks the continue to commit ongoing harm or victimisation

Question 4

Under the framework a pursuit is possible if the officer places the driver occupants where?

Answer 4

At assaultive or above

Question 5

What are four anchoring factors that assist when forming your TENR risk assessment for a fleeing driver? (TEDO)

Answer 5

Time of day
Environment - traffic conditions, location
Driver/occupants profile
Offence

Question 6

Who can order that a pursuit be abandoned?

Answer 6

Lead or secondary vehicle driver or passengers
Air support unit
Field supervisor
The pursuit controller or dispatcher Comms