Flashcards in Road Policing Deck (34)
What does section 114 of the land transport act state?
You have the power to stop a vehicle for traffic purposes, and demand driver and vehicle owner details.
What is the acronym stating what powers are available under section 114 of the land transport act?
Duty to be in uniform
Applies to all vehicles
May request/signal driver to stop, 15min ID
Plainclothes may stop w/ lights/siren
Display flashing blue/red lights and siren
Arrest w/o warrant for failing to give details
Demand details of driver and name and address of owner.
What does section 113 of the land transport act state? (ACRONYM)
Your powers for vehicles already stopped - DIMDOD.
Direct to give details
Inspect any vehicle/LT documents
Move any vehicle that is an obstruction/hazard
Direct driver to move vehicle if obst/hazard
Order not to drive (forbid)
Direct driver/pedestrian to a particular line.
What section of the LTA is your arrest power for section 113, 115?
What does section 115 of the LTA state?
An officer may place green stickers on a defective vehicle.
An officer may also place pink stickers on vehicles deemed unsafe.
These must be removed by a vehicle inspection agent that does not carry out repairs.
What does section 121 of the LTA state? (Acronym)
FARMED - when incapable/failed CIT/refuse CIT
Forbid for specified time
All keys to be surrendered
Render vehicle immobile
Move any vehicle that is an obstruction/hazard
EBA must be forbidden to drive for 12hrs
Direct to specified place to rest if driving hours exceeded.
Where is your arrest power for section 121 found?
In Section 121(4)
What does Section 118 of the LTA state?
An owner/hirer of a vehicle must give the details of any driver of that vehicle within 14 days of being requested by police. HOWEVER if the vehicle has been used to flee a police pursuit those details must be given immediately, for EBA purposes.
What is a condition of applying section 118?
The information must be within the means of the owner/hirer to provide.
What does section 95 of the LTA state?
28 DAY LICENSE SUSPENSION -
Blood alcohol >130
Breath alcohol >650
Blood alcohol >80 and 1 R.O. In 4 years
Breath alcohol >400 and 1 R.O. In 4 years
Speed 40kph over permanent limit
Speed 50kph over non permanent limit
Fail/refuse blood test
What details can you demand of a driver under section 114?
- Full name, full address, date of birth, occupation, telephone number.
- Whether they are the owner of the car.
- The name and address of the owner of the vehicle.
What does section 90 of the LTA state?
That you may suspend someone's licence or disqualify them from driving if they have over 100 demerit points and the NZTA has passed the matter on to police.
What does Section 96 of the LTA state?
MUST seize and impound vehicle if DREBBF:
Revoked or Suspended license,
Expired license/unlicensed AND previously been forbidden,
Breath alc >400 + 2 relevant offences in the last four years,
Blood alc >80 + 2 relevant offences in the last four years,
Failed/refused blood + 2 relevant offences in the last 4 years,
Drove contrary to conditions of interlock device
What are the "relevant offences" referred to in sections 95 and 96 of the LTA?
EBA by person under 20
Driving with blood containing qualifying drug
Contravention of alc interlock or 0 alc license
Fail/refuse to give blood
Caused death/injury with EBA
Caused death/injury while incapable
What does Section 96(1A) of the LTA state?
Must if practical seize and impound for 28 days if shown -
Unnecessary speed or acceleration,
Sustained loss of traction.
Also consider pink sticker.
What does section 122 of the LTA state?
Gives you the power to seize a vehicle for 12 hours in the interest of public safety.
What does section 123 of the LTA state?
Power to seize and impound for 7 days to PEE:
Enable scientific examination
Establish cause of serious accident
IF YOU BELIEVE ON REASONABLE GROUNDS THAT:
The vehicle has been in a serious accident/hit and run offence.
That the driver failed to stop under section 114
What does section 119(1) and (2) of the LTA state?
Power of entry when person:
Fails to stop (114),
you are in fresh pursuit,
committed reckless/dangerous driving OR recently been driving under the influence of alcohol or drugs
- ONLY FOR EBA PROCEDURES
What does section 119(3) of the LTA state?
Power to enter and seize vehicle to prevent CADD of vehicle when in fresh pursuit, also if impractical to obtain warrant or GCTS vehicle about to be used in commission of crime.
What is the first step of breath testing procedure?
Passive breath test.
Under which circumstances would you not carry out a passive breath test, and begin EBA procedure with a breath screening test?
When the driver tells you they have been drinking.
What must you say to someone when alcohol has been detected in a passive breath test?
"I now require you to undergo a breath screening test without delay"
What are the four possible results of a breath screening test?
What must you say to someone who has a result of OVER 400 in a BST, or someone under 20 who has anything other than a PASS?
"I now require you to accompany me to the _______ police station or other such place for the purpose of an evidential breath test, blood test or both" THEN MUST IMMEDIATELY BE GIVEN RIGHTS.
What must you say to someone IMMEDIATELY after telling them they must accompany you to a police station for an EBT?
"Because you are now detained, you have some rights. You have the right to remain silent..." (Caution/rights)
What actions can you take if a person refuses to accompany you to the station for an EBT?
Arrest them for failing to accompany, but you should warn them that they will be arrested first.
AND tell them they will be eligible for bail.
What can you do if a person passes an EBT (negative result), but you believe they are incapable of proper control of a motor vehicle?
Apply section 121 - FARMED
What must you do if a person produces a positive result on an EBT?
Advise them of a positive result,
give them caution/rights,
and give them 10 (12) minutes to decide whether they wish for a blood sample to be taken.
You may not advise them.
Can a person opt out of a blood sample once they have formally requested it, after completing an EBT?
No. If they request a blood sample after the 10 minute period then change their mind, they will be charged with EBA as per the breath test, and failing/refusing to give blood.