Powers Flashcards
RT (Administration) Act 2008 s.52 - Inspect
▪Inspect, examine, measure & handle vehicle equipment or load ▪Test drive/weigh the vehicle ▪Test equipment fitted to a vehicle
Sec 48 RT (Administration) Act 2008: Police powers
To drive or convey a vehicle to any police station or other
place for safe custody, if they have reason to believe;
▪ a vehicle has been used in connection with an offence;
or
▪ charged a person with an offence, an element of which is the use or driving of a vehicle.
RT (Vehicles) Regulations 2014
Reg 122:- Police power to seize number plates if
they believe reasonable grounds exist that:
Vehicle licence is no longer valid (expired)
Plates are fixed to a vehicle other than for which
it was issued
Plates should have been returned to the D.O.T.
after 3 months had expired.
RT (Vehicles) Act 2012
Sec 62-65: Police Powers
▪Direct driver to stop
▪Direct driver to move vehicle to examination
area or weighing location
▪Direct vehicle not be driven until a decision
made if a Defect Notice should be issued or not
▪Give direction to rearrange or remove load
▪Give direction to alter load or equipment
Sec 71 RT (Vehicles) Act 2012: Police Power to issue a Defect Notice to vehicles not complying with the regulations and may direct that vehicle:
- Not to be driven
* Not be driven as per conditions written on the notice.
Stopping For Identifying Persons and Vehicles
The RT (Administration) Act 2008 provides police
powers to stop vehicles for the purpose of
exercising other powers
under a road law.
Section 39(2)
Does not apply to places other than roads
RT (Administration) Act 2008 Sec 32(2): Police Power may direct person to give personal
details if unknown and reasonably suspects the person;-
(a) to be the driver or in charge of a vehicle involved in an incident involving death, bodily harm or damage to
property.
(b) committed, committing or is about to commit an offence
under a road law. (Offender)
(c) is or may be involved. (Responsible person)
(d) may be able to assist in the investigation of an offence or suspected offence (Owner/driver)
(e) may be able to give information or evidence in relation to a
scene of a crash which the person was present.
(Witnesses)
Sec 66(1) RTA
To require drivers/which includes instructors, or person/s in charge of a M/V or any person reasonably believed in charge;
To provide a sample
of their breath for a preliminary breath test and to wait there for that requirement.
Sec 66(1a) RTA
If a M/V has crashed, caused damage or injury and
the police officer is unsure who the driver was,
they can;
require drivers, person/s in charge or any other
person reasonably believed to have been in charge
to undergo a preliminary breath test.
Sec 66(1aa) and 61(1b) RTA.
Police can for the purpose of the preliminary breath
test to call upon the driver to stop the vehicle and
direct the driver/instructor to wait at a place
indicated by the officer. Sec 66(1aa) RTA
And
can require the person to
leave the vehicle.
Sec 66(1b) RTA.
Disqualification by a Police Officer
To immediately disqualify a person from holding or
obtaining a driver’s licence for a period of 2 months if the
driver is charged having committed a prescribed drink
driving offence.
Sec 63 RTA- DUI Alcohol
Sec 64 RTA- Excess 0.08 or above
Sec 67 RTA- Failure to comply and Fail to accompany
Powers used to deal with impaired drivers/instructors:
Require driver/Instructor to undergo an assessment of drug impairment. Sec 66A(1)
Require driver/Instructor to wait at the place the requirement
was made. Sec 66A(3)
Require driver/Instructor to leave the vehicle for the purpose
of undergoing the assessment.
Impoundment Periods
Drivers license offences- Always 28 days
Driving offences28 days for first offence.
3 months for second or subsequent offence.
Confiscated on court order for 3rd or subsequent
offences – Or 6 month impoundment if not driver’s
vehicle (substitute vehicle may be requested)
Road Rage- By confiscation order only (6 months)
Towing Powers Sec 78C
(1) A police officer in the exercise of a power under
section 79(1) or 79A(1) may drive, tow or otherwise
convey a vehicle impounded under that section.
(2A) May take possession of a vehicle for the
purpose of impounding it by operation
Unlicensed motorcycles Powers
Police have the power to impound or issue a
surrender notice when an unlicensed motorcycle is
being or suspected of being used on a road.
Motorcycle must not have been licensed
or subject to a permit or number plate at
any time during 2 years prior to the day of being
used.
