Land Transport Act 1998 Flashcards
RIDS
Risk Behaviours
- Restraints
- Impairment
- Distractions
- Speed
Inconsiderate Driving
Driving that includes inattention or thoughtless actions or omissions, as well as deliberate ones, which is inconsiderate to the other road users.
[Driving at such a slow speed as to hinder traffic (This offence can also be issued as an infringement - slow speed inconsiderate use)]
[Not taking reasonable steps to allow a line of following vehicles to pass]
Careless Driving
Falling below the driving standards of a reasonable prudent motorist.
[Indicating a left turn, then changing your mind and immediately turning right into the path of an overtaking car]
[Colliding with a correctly parked car, while travelling along a street]
Dangerous Driving
Driving in a manner or speed which was or might have been dangerous to anyone.
[A driver on a two-lane road pulling out to overtake on the wrong side of the road in the face of oncoming traffic]
[Travelling at 80kph at 0830 in a 50kph built-up area; presence of school children, other pedestrians, vehicles, etc]
Reckless Driving
Knowingly disregarding one’s duty as a driver
Deliberately running an unjustifiable risk of injury or collision
[Knowingly trying to outrun a patrol car at night and turns off head lights, endangering public safety; that is, the same principles as for dangerous driving]
[Deliberately driving through a stop sign at 80-100kph, which the driver knows is there, knowing that they would not be able to stop if required to]
Land Transport Act 1998 Section 95
LTA 1998 s.95 - Suspending Licence 28 days
(Alcohol)
- Breath >650 / Blood >130
- Breath >400 / Blood >80 + relevant conviction within 4 years
(EBA)
- Failed / Refused blood test under s.72 / s.73
(Speed)
- 40pkh over perm
- 50kph over temp
Land Transport Act 1998 Section 96
LTA 1998 s.96 - Impound vehicle 28 days
(Licence)
- Disqualified / Suspend / Revoked licence
- Expired or not holding licence and previously forbidden to drive
(Driving)
- Operated vehicle in contrary to to licence conditions
- Operated vehicle in race or unnecessary exhibition of speed
- Sustained loss of traction
- Failed to stop / remain stopped s.114
(Alcohol)
- Breath >400 / Blood >80 + 2 relevant convictions within 4 years
- Failed / Refused blood test under s.72 / s.73
Land Transport Act 1998 Section 96(1A)
LTA 1998 s.96(1A) - Impound vehicle 28 days
Also green sticker (defective)
- Boy racing
- Unnecessary exhibition of speed
- Sustained loss of traction
- Pouring diesel etc on road
Land Transport Act 1998 Section 113
LTA 1998 s.113 - General roadway related powers (DIMDFFD)
[obey me]
- Direct person on the road to give their details as well as information to identify driver / person in charge of vehicle
- Inspect, test / examine vehicle, any part of vehicle & any documents required to be carried by vehicle
- Move vehicle / authorise vehicle to be moved by another, if vehicle obstructing traffic, being hazard or is in public interest
- Direct driver of vehicle to move it from the road if being an obstruction in the interests of road safety or is in public interest
- Forbid an unlicensed driver from driving a vehicle
- Forbid a transport service driver from operating that service if not appropriately licensed
- Direct traffic
Land Transport Act 1998 Section 114
LTA 1998 s.114 - Power to require driver to stop and give name and address, etc
[stop for sure]
In uniform, or wearing cap, helmet or hat displaying badge of authority
Can demand from driver (NADPOO)
- Name
- Address
- DOB
- Phone
- Occupation
- Owner of vehicle?
Can detain for 15mins to determine identity.
You can arrest w/out warrant any person who:
- Fails to stop
- Refuses to supply details
- Supplies details that you have good cause to suspect are false or misleading
Land Transport Act 1998 Section 115
LTA 1998 s.115 - Banning vehicles from the road
[banned from drive]
Believe on reasonable grounds that the vehicle is not in a safe condition to be driven on a road / fails to comply with regulations or rules
- Forbid vehicle - order off the road
- Green sticker - defective
- Pink sticker - unsafe
[Illegal modification, structural rust, defective exhaust, tinted window screens]
Land Transport Act 1998 Section 116
LTA 1998 s.116 - Power to Arrest
Fails to comply with s.113 / s.115
Land Transport Act 1998 Section 118
LTA 1998 s.118 - Obtaining information
[What’s the info mate?]
Owner or hirer must within 14 days (Immediately if fleeing driver), give all information available to them which may lead to:
- ID & apprehension of driver if:
Alleged to have committed any offence against any Act while in charge of the vehicle.
- ID & apprehension of passenger if:
Committed / Aided in the commission of / has avoided arrest for - any offence against any Act.
Land Transport Act 1998 Section 119
LTA 1998 s.119 - Entering Premises & Seizing Vehicles
[cant hide this time]
Good cause to suspect any person:
- Failed to stop for flashing lights or a siren
- Committed/Committing offence against s.35 (dangerous/reckless driving)
- Is/has recently been, DUI of alcohol/drugs
And have been freshly pursuing that person:
- During pursuit enter any premises which person has entered, force if necessary, for EBA
- While on property use powers to seize/impound vehicle under s.96/s.123 if suspected CADD or vehicle may about to be used to commit a crime
[s.119 subject to RAIN]
Land Transport Act 1998 Section 121
LTA 1998 s.121 - FARMED
[Farmed this one]
Good reason to believe person physically or mentally incapable of controlling vehicle, fails or refuses Compulsory Impairment Test you can:
- Forbid to drive for specified time
- All keys surrendered
- Render vehicle immobile
- Move vehicle causing obstruction or hazard
- EBA offenders = forbidden for 12 hours
- Direct person driven excess driving hours to pull into rest area for period of time
Can arrest under s.121(4) anyone who fails to comply with direction / does something forbidden by s.121
