Road Policing 🚔 Flashcards
Section 114
Stopping Vehicles and Demanding Details
- Officer may stop vehicle and demand that driver state:
- Full name
- Full address
- DOB
- Occupation
- Phone number
- Keep the driver stopped for as long as necessary to obtain particulars or exercise any other power under this Act.
- Arrest if they fail to stop, refuse to give details or give false details.
Section 113
D.I.M.D.F.F.D.
General Roadway-Related Powers
DIRECT a person on a road
INSPECT, test and examine
MOVE a vehicle
DIRECT driver to remove vehicle from road
FORBID unlicensed driver to drive
FORBID unlicensed transport service operator from operating
DIRECT point duty
Section 116
Arrest a person without warrant
if you have good cause to suspect
they’ve FAILED TO COMPLY with
a direction given under S113 & S115
They commit an offence under S52(1)(c)
Section 115
Banning Vehicles from the Road
Power to direct vehicle not to
be driven on road if:
- fails to COMPLY with regulations
(GREEN STICKER) - not in SAFE CONDITION
(PINK STICKER)
Can arrest under S116 if they fail to comply with any directions of S115
Section 121
F.A.R.M.E.D.
Section 121 - F.A.R.M.E.D.
FORBID that person to drive for specified time
ALL keys to be surrendered
RENDER vehicle immobile
MOVE any vehicle causing obstruction or hazard
EBA offenders must be forbidden to drive for 12 hour period
DIRECT person to drive to specified place to rest if exceeded driving hours.
RGTB that person in charge of vehicle for time being is:
* Incapable of proper control or
* Has not completed CIT (Compulsory Impairment Test) in satisfactory manner (S71A) or
* Has failed or refused the CIT (S71A)
Power of arrest available under S121(4) failing to comply or doing act
Obtaining Information:
Section 118
Obtaining Information
Officer may require owner or hirer of any vehicle to give all info within 14 days which may lead to:
* Identifaction and apprehension of driver if they are alleged to have committed any offence against any Act while in charge of the vehicle.
* The same for passengers
To prove an offence against S118(1) & (2):
* The person must have been the owner/hirer at the time of the offence.
* The information must be within the owner/hirer’s ability to supply.
Section 122 & 123
SEIZING VEHICLES
S122 - Power to sieze vehicle for 12 hours
* Last resort power
* Obligations the same for S96
S123 Power to sieze for up to 10 days
* In order to preserve evidence
* Enable scientific examination
* establish cause of serious traffic incident
Or if you have RGTB:
* Vehicle involved in serious traffic incident or HIT & RUN
* or driver has failed to stop in accordance with S114 (1) & (2) - red/blue lights, siren, officer’s signal
Section 119 (3)
Seize a Vehicle Without Warrant
The enforcement officer can:
* Enter by force if necessary
* A building or place where vehicle (S96 and S123 must apply) is stored or kept
* Seize and impound the vehicle
The officer can do this if:
* FRESHLY pursuing the vehicle
* or vehicle is about to be removed, concealed, destroyed or disposed of
* RGTS vehicle about to be used in commission of crime
* It is impracticable to obtain warrant (due to time of day, locality etc)
S119 (3) - To seize a vehicle without warrant
How long can a license be suspended under Section 95?
28 Days
What are the two measureable alcohol limits under Section 95?
Breath alchohol
Over 650mcg of alcohol per litre of breath
Blood alcohol
Over 130mgm of alcohol per 100ml of blood
When does the lower limit of 400mcg and 80mgm apply under S95?
When the person has been convicted of any ‘relevant offence’ within the last 4 years
Section 96
Seizing and Impounding Vehicles for 28 days
You MUST seize and impound a motor vehicle for 28 days if you have RGTB a person drove on the road while:
1. Disqualified.
2. Suspended or revoked license.
3. Alcohol interlock breach.
4. Expired or un-licenced AND previously forbidden.
5. Drove in breach of qualifying by-law.
6. Racing or unnecessary speed
What is the acronym:
NADPOO
- Name
- Address
- Date of Birth
- Phone Number
- Occupation
- Owner of vehicle
Which Section gives:
Power of Entry to Carry Out EBT
EBT = Evidential Breath Test
Section 119 (1) & (2)
An officer may enter premises the person has entered to complete EBA procedures without warrant if they have GCTS that any:
* Person fails to stop (for lights, sirens etc)
* Reckless or dangerous driving
* Driving under influence alcohol or drugs
* Must be Freshly Pursuing that person
S119 (1) and (2) - Powers of entry to carry out breath alcohol testing
Section 95
Alcohol Limits
Suspending Licences for 28 Days
- Breath Alcohol over 650mcg
per litre of breath - Blood Alcohol over 130mgm
per 100ml of blood - Breath Alcohol over 400mcg
if convicted of relevant offence
within last 4 years - Blood Alcohol over 80mgm
if convicted of relevant offence
within last 4 years - Person failed or refused blood test under S72 or S73 (at request of Police or at hospital)
