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Road Policing RP01 > Road Policing > Flashcards

Road Policing Flashcards

1
Q

What Section of the Land Transport Act 1998 gives Police the “Power to require driver to stop and give name and address etc”?

A

LTA 1998 Section 114

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2
Q

Under Section 114 of the LTA1998 what must an officer be wearing and actions taken when requesting a vehicle to stop?

A

In uniform OR wearing a distinctive cap,hat or helmet with a badge of authority affixed.
In a vehicle displaying flashing blue and red lights or sounding a siren.

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3
Q

Under S114 LTA1998 what details can an officer demand?

A

Full name
Full address
Date of birth
Occupation
Telephone number
Whether they are the owner of the car or not
The name and address of the owner of the vehicle.

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4
Q

What is covered under Section 113 of the LTA 1998?

A

General Road-way related powers

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5
Q

Under Section 113 (2) what are the 7 powers Police have?

A

Direct - a person on a road to give details
Inspect - test and examine
Move - or authorize another person to move
Direct - the driver or person in charge of a vehicle on a road to remove it (Obstruction or Interests of road safety)
Forbid - an unlicensed driver to drive
Forbid - a person who is operating a transport service w/o a license
Direct - a road user (points duty) or a pedestrian not to proceed across the road in contravention to police direction

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6
Q

What does Section 115 of the LTA 1998 give Police the power to do?

A

Prohibit vehicles from being driven on the road.

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7
Q

Under Section 115 what 2 notices can Police issue?

A

POL 650 (Green)
POL 555 (Pink)

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8
Q

Why is a POL650 green sticker issued?

A

Vehicle fails to comply with rules or regulations.

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9
Q

Why would a POL555 pink sticker be issued?

A

Vehicle not in a safe condition to be driven on road

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10
Q

Under Section 114 (3) (5) how long must a driver remain stopped?

A

For as long as reasonably necessary to
•obtain particulars
•exercise any other power under this act
If stopped solely for the purpose of establishing their identity, koe can delay them for up to 15 minutes.

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11
Q

Under Section 114 (6) You can arrest without warrant any person who?

A

•fails to stop
•refuses to supply details
•have good cause to suspect details are false or misleading

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12
Q

What are the key differences between Sections 113 & 114?

A

•Section 114 allows you to stop vehicles
•Section 113 does not allow you to stop vehicles
•Section 114 allows you to demand details from driver you have stopped.
•Section 113 allows you to obtain a person’s details on road who has committed an offense.

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13
Q

Under Section 115(1) what do you have to believe in order to order a vehicle off the road?

A

Reasonable grounds to believe the vehicle on a road fails to comply with regulations or rules.

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14
Q

In relation to stickers what does Section 52 (1) (a) consider is an offense?

A

To remove the colored sticker.

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15
Q

What does Section 121 deal with?

A

Power to take keys and Forbid driving.

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16
Q

Under Section 121 (if you believe on reasonable grounds) what can actions could you Forbid a driver from driving for?

A

•physical or mentally condition is incapable
•they have not completed a compulsory impairment test
•they fail or refuse to undergo a compulsory impairment test
•not complying with driving hours

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17
Q

What are the actions Police can carry out in regards to forbiding a driver to drive? (FARMED)

A

•Forbid driver to drive for a specified time
•ALL keys to be surrendered
•Render the vehicle immobile
Move the vehicle
EBA offenders must be forbidden to drive for a 12 hour period
•Direct person driving to rest

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18
Q

Under Section 121 (4) Police have the Power to arrest for…?

A

•failing to comply with directions
•attempting to do an act forbidden by Section 121

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19
Q

What does Section 118 (1) & (2) relate to?

A

Obtaining information from owner or hirer (within 14 days) to ID a person who has committed an offense against the Act.

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20
Q

If a driver “flees” in a Police pursuit under Section 118 (4) how does this change the requirement to supply information?

A

Information is now required IMMEDIATELY.

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21
Q

Under Section 95(1) for what reasons do we suspend a drivers license for 28days?

A

• Breath Alcohol over 650mcg p/L of breath
•Blood alcohol over 130mgm per 100ml of blood
• Breath alcohol over 400mcg p/L of Breath convicted of relevant offense within last 4 years
•Blood alcohol over 80mgm per 100ml and convicted of a relevant offense within the last 4 years
•Person fails or refuses blood test
•Person drove more than 40km over posted speed limit
•Person drove more than 50km over any speed limit other than a permanent one.

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22
Q

When does suspension start (s95) and what must the driver do?

A

Immediately and the driver must surrender their license immediately

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23
Q

Under Section 96 (1A) if you believe on reasonable grounds that a person.
•Operated a vehicle in a race
•Caused the vehicle to undergo loss of traction
What must you do if practicable?

A

Seize the vehicle for 28days.

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24
Q

Under Section 90 (1) what is the criteria for suspending a person’s driver’s license?

A

100 or more demerit points in a 2 year period.

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25
Q

How long can you seize a vehicle under Section 122?

A

12 hours (maybe extended another 12 hours if circumstances haven’t changed)

26
Q

Under Section 123(1) how long can you seize a vehicle in order to
•preserve evidence
•enable scientific exam
•establish the cause of a serious traffic accident.

A

A period not exceeding 10 days.

27
Q

What does Section 119 give Police power to do?

A

Power of entry to carry out RBA
Seize vehicle without warrant

28
Q

What are the top 4 risk behaviors?

A

Restraints
Impairment
Distractions
Speed

29
Q

Are the rider of a motor cycle or moped or bicycle considered a driver?

A

Yes

30
Q

Definition of a motor vehicle?

A

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

31
Q

Vehicle means a contrivance equipped with wheels, tracks or revolving runners and includes what vehicles?

A

Hovercraft
skateboard
in-line skates
roller skates

32
Q

When must a person on a restricted licence be accompanied?

A

10pm - 5am
Full licence for 2 years.

33
Q

Rank the 4 classes of driving standards breach from least serious to most serious?

A

Inconsiderate
Careless
Dangerous
Reckless

34
Q

Under Section 96 of the LTA98 we have 11 times when we can seize a motor vehicle for 28 days name them?

A

Disqualified
Suspended
Interlock breach
Not holding a license
Operated a vehicle in breach of a by law
Racing
Sustained loss of traction
Failed to remain stopped
400mcg 2 prev in last 4
80mgm 2 prev in last 4
Refuse blood test

35
Q

What is a DLSO?
Who issues it?
What do u do as Police?

A

Drivers License Stop Order
MOJ
Seize vehicle for 28 days.
Charge driver for driving on a suspended license

36
Q

What does the Drager 6510 display on a passive test?

What does the Drager 7510 display on a passive test?

A

ALCOHOL / NO ALCOHOL
PASS / FAIL

37
Q

To commence a BST what do you say?

A

I require you to undergo a breath screening test without delay

38
Q

What do you say to some one when u require them to accompany u?

A

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.

39
Q

If someone refuses to accompany u what should u do?

A

Warn them they may be arrested and bail will be considered.

40
Q

What do u say before giving an EBT?

A

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

41
Q

Why is it called an EBT?

A

Because it can be given in evidence in court

42
Q

How many attempts can a person have at an ebt test?
How do u take results?

A

3
The lowest of 2 recorded results

43
Q

When a driver over 20 EBT result is between 251- 400 what happens?

A

They have no option to elect blood.
IONS and demerits.

44
Q

If a person refuses a blood test where is the arrest power in the LTA98?

A

Section 120

45
Q

If u believe a driver is under influence of Alcohol or drugs where is your arrest power?

A

Section 120

46
Q

When are people exempt from BST?

A

In hospital, ambulance or doctors surgery as result of an accident

47
Q

Can blood samples be taken without consent from a person in hospital or a doctors surgery?

A

Yes, by a medical practioner.

48
Q

Any death or injury of driver or rider must be reported…?

A

No later than 24 hours after the time of crash.

49
Q

What is the exception to not reporting injury or death within the last 24 hours?

A

Incapable of doing so because of injury.

50
Q

Where does a person report an injury or death?

A

Nearest Police station OR to an Enforcement Officer

51
Q

When a crash involves only damage either to unoccupied vehicle or property when must it be reported?

A

Within 48 hours

52
Q

To whom is damage reported?

A

The owner.

53
Q

When the owner of damaged vehicle or property cannot be contacted or identified how long do you have to report it to the Police station?

A

60 hours

54
Q

What are the offences under Section 31 (1)?

A

Failing to comply with license conditions.
No drivers license
Failing to produce a driver’s license

55
Q

Driving while disqualified is covered under Section…?

A

32

56
Q

Section 52 (1) covers…?

A

Contravening the instructions of an officer

57
Q

What Section covers Inconsiderate or Careless use?

A

Section 37

58
Q

What Section covers Reckless or dangerous driving?

A

Section 35

59
Q

What’s an example of inconsiderate driving?

A

Driving at a slow speed as to hinder traffic

60
Q

What’s an example of Careless driving?

A

Indicating a left turn the changing mind.
Colliding with a parked car.

61
Q

What are the 2 factors that make up Dangerous driving?

A

Manner & Speed

62
Q

2 factors of Reckless driving?

A

Knowingly disregarding ones duty
Deliberately running an unjustifiable risk.

Road Policing RP01 (1 decks)

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