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Wing 339 subjects > Land Transport Act 1998 > Flashcards

Land Transport Act 1998 Flashcards

1
Q

What powers does section 95 of the LTA1998 confer?

A

The power to suspend a drivers licence for 28 days in certain circumstances.

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2
Q

In what circumstances can a licence be suspended under section 95?

A
  • Driving 40km/hr above the permanently posted speed limit
  • Driving 50km/hr above the temporary posted speed limit
  • convinced of a qualifying offence in the last four years and has a breath alcohol reading or 401mcgs+ or 81mg+
  • having breath alcohol higher than 650mcgs/L
  • having blood alcohol higher than 130mg
  • refusing to provide a blood sample
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3
Q

What power does section 96 LTA 1998 confer?

A

The power to impound a vehicle for 28 days in certain circumstances.

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4
Q

In what circumstances can a car be impounded under section 96?

A
  • the person was disqualified from holding or obtaining a drivers licence
  • the persons driver licence is for the time suspended or revoked
  • a person who has an alcohol interlock licence operates a vehicle contrary to the conditions of that licence
  • the person was previously forbidden as they were unlicensed or an expired licence holder
  • had a breath alcohol reading of 400mcgs/L or blood of 80mg or had failed to give a sample and had convictions for 2 or more qualifying offences in the last four years
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5
Q

What circumstances can a vehicle be impounded under section 96(1A)?

A
  • Boy racer provision
  • operating a vehicle in a race or in an unnecessary exhibition of speed or display of acceleration
  • without reasonable excuse, operated a vehicle in a manner that caused the vehicle to undergo a sustained loss of traction
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6
Q

What powers does section 113 LTA1998 confer?

A

DIMDFFD

  • Direct a driver or other person on a road to give their details or the details that may identify the driver
  • Inspect, test or examine - brakes or transport documents
  • Move, or cause to be moved, a vehicle that is obstructing a road or entryway or in the interests of safety
  • Direct a driver, or any other person, to move a vehicle that is obstructing a road or entryway or in the interests of safety
  • Forbid an unlicensed driver
  • Forbid a person operating a transport service without a license to operate a transport service
  • Direct a driver or a vehicle or rider of an animal to stop, keep to a line of traffic or direction and to direct a pedestrian not to cross (points duty)
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7
Q

What power does section 114 LTA1998 confer and what can you demand?

A

The power to stop and demand driver details and the registered owners details.

  • The name, DOB, address, contact details and occupation
  • State whether the driver is the registered owner
  • If not the registered owner, provide the name, DOB, address, contact details and occupation of the registered owner.
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8
Q

What do you need to stop a vehicle under section 114 LTA1998?

A
  • Uniform or wearing a distinctive hat, cap or helmet displaying a badge of authority
  • by displaying flashing blue, blue and red, lights and/or sounding a siren
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9
Q

How long does a driver need to remain for an officer to determine identity when stopped under section 114 LTA1998?

A

15 minutes

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10
Q

Can a driver be arrested for failing to stop or for providing false or misleading details under section 114 LTA1998 and what section does this power stem from?

A

Yes.

Section 114(6).

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11
Q

What section can a person be arrested under for failing to comply with a direction under 113 or 115 LTA1998?

A

Section 116

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12
Q

What does Section 115 LTA1998 allow you to do?

A

Give a direction prohibiting a vehicle from being operated on a road.

Green and pink stickers

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13
Q

A green sticker issued under section 115 LTA1998 is for what?

A

A vehicle believed to be non-compliant with transport rules.

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14
Q

A pink sticker issued under section 115 LTA1998 is for what?

A

A vehicle believed to be unsafe for operation on a road.

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15
Q

Section 118 LTA1998 confers what power?

How long do they have to comply?

A

The power to demand driver or passenger details from the owner or hirer of a vehicle who is under investigation for any offence.

14 days unless the vehicle failed to stop and it must be provided immediately.

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16
Q

To enter a property under section 119 LTA1998 what are the requirements?

A
  • Failed to stop under section 114
  • Drove recklessly, carelessly or dangerously
  • Has been driving under the influence of drink, drug or both
  • AND the person is being FRESHLY pursued
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17
Q

What is the acronym used for remembering the powers conferred under section 121 LTA1998 and what does it stand for?

A

FARMED

  • Forbid a driver because their physical or mental state makes them incapable of operating a vehicle safely.
  • All keys to be surrendered to an enforcement officer
  • Render the vehicle immobile
  • Move the vehicle to where it does not constitute a traffic hazard
  • EBA positive result forbidden from driving for 12hrs
  • Direct a person to a place of rest
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18
Q

How long may a vehicle be impounded for under section 122 LTA1998?

A

12 hours

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19
Q

In what circumstance may a vehicle be impounded under section 122 LTA1998?

A

If there is no other power or enactment conferred elsewhere and it is in the interest of public safety to do so.

For example, a drunk driver who you believe has another key and will attempt to return to the vehicle to drive once processed for EBA.

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20
Q

In what circumstances, for what purpose may and for how long can a vehicle be impounded under section 123 LTA1998?

A
  • Where a vehicle is involved in a serious crash or a hit and run offence, or,
  • A vehicle has been involved in a failure to stop offence

For the purpose of a forensic or mechanical examination.

For 7 days

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21
Q

What are the breath alcohol limits for 20+ drivers?

A

251 - 400mcgs

401+mcgs

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22
Q

What is the breath alcohol limit for an alcohol interlock licence?

A

Zero

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23
Q

What are the breath alcohol limits for a person under 20yrs?

A

Zero

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24
Q

For a person under 20years what are the breath alcohol cutoffs for ION’s and charges?

A

0 - 150mcgs - infringement only
151 - 400mcgs - offence under the under 20 provisons
401mcgs+ - offence under the general provisions

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25
Q

What is the breath alcohol limit for a zero alcohol licence?

A

Zero

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26
Q

What are the blood alcohol limits for zero alcohol and alcohol interlock licences?

A

Zero

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27
Q

Under what section of the LTA1998 is a drivers licence suspended for failing an evidential breath test regardless of the decision to elect for a blood test and regardless of the breath test reading?

A

Section 121(2)(a) LTA 1998 - suspended for 12hrs

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28
Q

What breath alcohol reading MUST a person’s licence be suspended for?

A

650mcgs

29
Q

If a person returns an EBT result of more than 650mcgs but elects to have a blood test, when can you suspend the licence under s95 LTA1998 from?

A

The enforcement officer has reasonable cause to believe that the person returned an EBT result of more than 650mcgs so the licence is suspended from that date irrespective of the right to a blood test.

If the blood test analysis is less than 130mg’s then the licence can be reinstated provided it hasn’t been otherwise suspended or disqualified.

30
Q

What are the five categories of people from whom you can require to undergo a breath screening test?

A
  • Any driver of a motor vehicle on a road
  • Any person attempting to drive a motor vehicle on a road
  • Any person you have good cause to suspect has recently committed an offence against the LTA1998 that involves driving a motor vehicle
  • A driver of a motor vehicle involved in an accident
  • Where the driver is not known, and you have good cause to suspect, the passengers in the vehicle involved in an accident
31
Q

What section of the LTA1998 allows you to arrest a person for alcohol or drug related offences?

A

Section 120

32
Q

What section of the LTA1998 makes it an offence to be grossly intoxicated by alcohol or drug that the driver is incapable of having proper control of a vehicle?

A

Section 58 LTA1998

33
Q

What are the two results that can be returned on a Drager when in passive testing mode?

A

Alcohol or No alcohol

34
Q

When undertaking a BST, what are the results that be returned?

A

Pass
Under 250
250 + Over
Over 400

35
Q

When undertaking a BST, if the Drager returns a No Alcohol or Alcohol result, what does this mean?

A

You have pushed OK during the test and it is in PST testing mode.

36
Q

If a driver refuses to provide a PST or BST sample what is your next step?

A

Require them to accompany you to the nearest Police station for the purpose of an evidential breath test, blood test, or both.

37
Q

If a driver refuses to accompany you, what are your options?

A

Warn that failing to accompany is an offence and they may be arrested. If arrested they will be eligible for bail.

Power of arrest under Section 120 LTA1998

38
Q

In what circumstances would you require a driver to accompany you back to the station for the purpose of a EBT?

A
  • Failing to provide a breath sample
  • No Drager is available and you have made diligent efforts to obtain one
  • Any positive result and under 20 years old
  • 250+ Over result
  • Over 400 result
  • Any positive result and the holder of an interlock or zero alcohol licence
39
Q

What must you say to a person who fails a PST?

A

I require you to undergo a breath screening test without delay.

40
Q

What must you say to a person who fails a BST (excluding BoR)?

A

I now require you to accompany me to (near Police station or booze bus) for the purpose of an evidential breath test, blood test, or both.

41
Q

What is the first thing you should do once back at the station for an EBT?

A

Allow them to speak to a lawyer, if they wish and haven’t already, in private.

Start a POL515.

42
Q

When kicking off the EBT what must you say to the driver?

A

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

43
Q

How many times can you attempt an EBT before you need to abandon it and require a blood sample?

A

Three

The CoA has indicated that it might be unreasonable to persevere.

44
Q

If a person fails an EBT, how long do they have to decide if they want to take a blood test?

A

10 minutes

45
Q

When can you write out a summons to appear for a person who has failed a EBT?

A

After the 10minute decision period for a blood test.

46
Q

What are the criteria for a mandatory 28 day suspension under Section 95 of the LTA1998 in respect of EBA only?

A
  • breath test over 650mcgs
  • blood test over 130mcgs
  • breath test over 400mcgs and has been convicted of a relevant offence in the last 4yrs
  • blood test over 80mg and has been convicted of a relevant offence in the last 4yrs
  • failed to provide a breath or blood sample
47
Q

What are the criteria for a mandatory 28 day impoundment under Section 96 of the LTA1998 in respect of EBA only?

A
  • Returns a breath result of more than 400mcgs and has been convicted of two qualifying offences in the last 4yrs
  • Returns a blood result of more than 80mg and has been convicted of two qualifying offences in the last 4yrs
  • Fails to provide a blood sample when required by an enforcement officer or Doctor and has two convictions for qualifying offences in the last four years.
48
Q

What are the ‘relevant offences’ (qualifying offences) referred to in sections 95 and 96 (in general terms)?

A

Convicted of:

  • breath alcohol over 400mcgs
  • blood alcohol over 80mg
  • fail to provide breath sample
  • fail to provide blood sample
  • incapable proper control - alcohol or drug
  • EBA causing death or injury
  • incapable proper control causing death or injury
49
Q

If a driver blows more than 400mcgs but less than 650mcgs, under what section of the LTA1998 should you forbid them and for how long?

A

Section 121 and for 12hrs

FARMED

50
Q

If 16 year old driver returns a EBT result of 170mcgs what is your next step?

A

Complete the file and forward to YAS for consideration. Do not serve a summons.

51
Q

In what circumstances can a person in hospital be required to provide a blood sample?

A

If they are suspected of being involved in a motor vehicle accident.

52
Q

Can you PST or BST a person in an ambulance, medical centre or hospital?

A

No

53
Q

If a driver is unconscious in hospital can you still obtain a blood sample?

A

Yes. If you ask a Doctor they must obtain a sample provided that they are satisfied the person is in hospital due to a car accident and there care will not be affected as a result.

54
Q

Can a person refuse to allow blood to be taken while in hospital?

A

Yes. But they should be warned that failure to provide is an offence.

55
Q

What is the standard process for testing drivers under the influence of alcohol (assuming a positive result)?

A
  • 3T or checkpoint
  • Passive breath screening test
  • Required to complete a breath screening test
  • Required to accompany for purpose of an evidential breath test, blood test, or both.
  • Required to provide an evidential breath test sample
  • 10 minutes to decide whether to accept EBT or elect for blood
  • If elects to go by EBT result, prepare and serve summons to appear (or arrest if appropriate) or ION and demerits. End of EBA procedure.
  • If elects blood, require to provide sample of blood to an enforcement officer
  • Call Doctor/Nurse
  • Doctor/Nurse collects blood
  • End of EBA procedure
  • Suspend licence and take keys 12hrs in all cases
  • If the driver has blown over 650mcgs then suspend licence for 28 days immediately under s95 (this can be done even if the driver has elected blood).
56
Q

Where do the abilities to K9 arise in the EBA procedure before a result is even obtained?

A
  1. Failing to remain for the result of a BST.
  2. Failing to accompany for a EBT.
  3. Failing to remain for the result of an EBT.
  4. Failing to provide a blood sample to an enforcement officer.
  5. Failing to provide a blood sample to a Doctor/Nurse.
57
Q

Can an adult who returns an EBT result of 288mcgs elect to have a blood test?

A

No.

Result falls within 250mcgs to 400mcgs range and can only receive an ION and 50 demerits.

58
Q

An 18year old returns a breath result of 50mcgs. What penalty are they liable for?

A

ION and demerits only. Under 150mcgs so not criminal offence.

59
Q

A 42-year-old returns a BST result of “Under 250” on the Drager. What are next steps?

A

Free to go. No liability, adult limit is more than 250mcgs.

60
Q

A driver is arrested for failing to accompany for the purposes of an EBT. What are the next steps on returning to the station?

A

Continue with the EBA process.

Require the driver to provide a blood test.

61
Q

A driver fails to provide an EBT on three occasions. What is your next action?

A

Require the driver to provide a blood sample.

62
Q

A driver provides a positive EBT result of 521mcgs, after his 10min expires he elects to take a blood test. After the Doctor arrives he changes his mind and refuses. What now?

A

Advise him that refusing a Doctor/Nurse’s request for blood is an offence. If maintains refusal charge with refusing a Doctors/Nurses request for blood.

63
Q

What must you say to a driver when you undertake a BST?

A

“I now require you to undergo a breath screening test without delay”

64
Q

If a driver fails a BST, what must you tell them?

A

“I now require you to accompany me to the Christchurch police station for the purposes of an evidential breath test, blood test, or both”

65
Q

If you are arresting a driver for failing to accompany you for an EBT, what must you also tell them?

A

That they will be considered for bail.

66
Q

What section of the LTA1998 allows you to arrest a person for failing to remain, accompany or provide blood to an enforcement officer or Doctor/Nurse?

A

Section 120 LTA1998

67
Q

What are the alcohol thresholds for drivers under 20 years?

A

Breath
0 - 150 - ION and 50 demerits
151 - 400 - summons to court as an under 20
401+ - summons to court as an adult

Blood
0 - 30 - ION and 50 demerits
31 - 80 - summons to court as an under 20
81+ - summons to court as an adult

68
Q

A person who holds a drivers licence and accrues more than 100 demerit points in a 24mth period is liable for?

A

3 month suspension

69
Q

A person who does not hold a drivers licence and accrues more than 100 demerit points in a 24mth period is liable for?

A

3 months disqualification

Wing 339 subjects (10 decks)

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