Land Transport Act 1998

Question 1

Top 4 Risk Behaviours?

Answer 1

Restraints
Impairment
Distractions
Speed

Question 2

Definition of a Motor Vehicle

Answer 2

A vehicle drawn or propelled by mechanical power and includes a trailer.

Question 3

Definition of a Vehicle

Answer 3

A contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved.

Question 4

What are the 3 types of main licenses?

Answer 4

Learner License.
Restricted License
Full License.

Question 5

Is there a power to arrest for reckless or dangerous driving?

Answer 5

Yes under Section 315 of the Crimes Act.

Question 6

Is there a power to arrest for careless and inconsiderate driving?

Answer 6

No.

Question 7

Inconsiderate driving definition

Answer 7

Driving which includes inattention or thoughtless actions or ommissions as well as deliberate ones.
Inconsiderate to other road users.

Question 8

Careless driving definition.

Answer 8

not driving to the normal standards of a reasonable motorist.

Question 9

Dangerous driving definition.

Answer 9

driving in a manner or speed which was or might have been dangerous to anyone.

Question 10

Reckless driving definition.

Answer 10

Knowingly disregarding one’s duty as a driver.
Deliberately running an unjustifiable risk of injury or collision.
Needs to have a mens rea (intent).

Question 11

Section 36(A)

Answer 11

Boy racing offense.
Engaging in unauthorized street or drag racing.

Question 12

Section 114 LTA

Answer 12

Stopping vehicles and demanding details.

Question 13

Whose details can you demand under 114 LTA?

Answer 13

The Driver of the Vehicle.

Question 14

What is your power to arrest for Section 114?

Answer 14

114(6): can arrest without warrant if any person:
fails to stop.
refuses to supply details.
supplies details which you have good cause to suspect are false or misleading.

Question 15

How long can you get a driver to remain stopped for their details?

Answer 15

15 minutes.

Question 16

Section 113 of LTA?

Answer 16

DIMDFFD:
Direct
Inspect
Move
Direct
Forbid
Forbid
Direct

Question 17

Arresting Powers for Section 113?

Answer 17

You can arrest under Section 116 of the LTA 1998.

Question 18

Key differences between Section 113 and Section 114?

Answer 18

• Section 114 allows you to stop vehicles, Section 113 does not.
• Section 114 allows you to demand details of the driver, however Section 113 allows you to demand details from the person committing an offence under the specific acts.

Question 19

Section 115 of LTA 1998?

Answer 19

Banning Vehicles from the Road:
Pink and Green stickers.

Question 20

What is a Pink Sticker?

Answer 20

POL555: The vehicle is not in a safe condition to be driven on a road.

Question 21

How can I get a pink sticker removed from my car?

Answer 21

The vehicle needs to be inspected by an authorized vehicle inspection agent who does not engage in repairing vehicles in the course of business.

Question 22

What is a green sticker?

Answer 22

POL650: Defective, the vehicle on the road fails to comply with regulations or rules.

Question 23

Power to arrest if a person fails to comply with directions under 115?

Answer 23

You can arrest under 116 of the Land Transport Act 1998.

Question 24

Section 121 LTA 1998?

Answer 24

FARMED:
Forbid
All Keys to be Surrended
Render
Move
EBA
Direct

Question 25

Power to Arrest for 121?

Answer 25

Under Section 121(4) you can arrest a person without a warrant for: - failing to comply with your directions. - attempting to do an act forbidden by Section 121.

Question 26

When would you envoke FARMED?

Answer 26

When physical or mental condition makes the driver incapable of having proper control over the vehicle. Not completed a Compulsory Impairment Test Failed/refused to undergo a compulsory impairment test. Not complying with driving hours.

Question 27

Section 118 of LTA 1998?

Answer 27

Obtaining Information.

Question 28

What information can you obtain under 118 LTA 1998?

Answer 28

The owner or hirer of any vehicle is to give details within 14 days. Details include: - The driver at the time any offense was committed against any act while in charge of the vehicle. - The ID of any passenger (has committed, has aided in the commission of, has avoided arrest) in or through of the use of a vehicle.

Question 29

Section 118(4) of LTA 1998?

Answer 29

Require the owner of the vehicle used to flee a police pursuit to IMMEDIATELY give you all the information about the driver that they can.

Question 30

If a driver fails to comply with Section 118 LTA?

Answer 30

Can be charged under Section 52(1)(c)

Question 31

Section 95 LTA 1998

Answer 31

28 day suspension of Driver's License

Question 32

Section 96 LTA 1998

Answer 32

28 day impounding Vehicle.

Question 33

Section 90 LTA 1998

Answer 33

Suspending Licenses and Disqualifying from Driving.

Question 34

What are the requirements for your license to be suspended under Section 90?

Answer 34

Accumulating more than 100 demerit points within 2 years.

Question 35

Boy Racing and Impounding Vehicles Section?

Answer 35

Section 96 (1A): RGTB that person was operating in a race (unnecessary exhibition of speed/acceleration). without reasonable excuse, operated the vehicle on a road in a manner that caused the vehicle to undergo sustained lost of traction.

Question 36

Section 122 LTA 1998?

Answer 36

Seize the Vehicle for 12 hours: - RGTB that it is in the interest of public safety.

Question 37

Section 123 LTA 1998?

Answer 37

Power to seize a vehicle for up to 10 days: - Preserve evidence - Enable scientific evidence - Establish the cause of a serious traffic accident RTGB: - Vehicle has been involved in a serious traffic accident, hit and run offense. - Driver failed to stop under Section 114.

Question 38

Section 119 LTA 1998?

Answer 38

Powers of entry to carry out breath alcohol testing. - Can enter any premise the person has entered to carry out EBA procedures.

Question 39

When can you carry out Section 119 of LTA 1998?

Answer 39

Good Cause To Suspect: - failed to stop for lights or sirens. - committed/committing an offense against reckless or dangerous driving. - is recently been driving under the influence of alcohol or drugs or both. HAVE TO BE FRESHLY PURSUING THE PERSON.