Road Policing & Driver Training Flashcards
(125 cards)
1
Q
Risk Behaviours
the top four are:
A
- Restraints
- Impairment
- Distractions
- Speed
2
Q
Land Transport Act 1998
Transport Law definitions
Driver
A
in relation to a vehicle, includes the rider of a motorcycle, moped, bicycle; and ‘drive’ has a corresponding meaning
3
Q
Land Transport Act 1998
Transport Law definitions
Motor Vehicle
A
a vehicle drawn or propelled by mechanical power, includes a trailer but does not include:
* vehicle running on rails
* a trailer designed and used by NZDF
* trailer with one wheel as a speed measuring device
* vehicle designed for amusement purposes and used exclusively within place of recreation, amusement or entertainment
* a pedestrian-controlled machine
* a vehicle the Director has declared under s168A of the LTA 1998 is not a motor vehicle
* a mobility device
4
Q
Land Transport Act 1998
Transport Law definitions
Operate
A
in relation to a vehicle, this means to drive or use the vehicle on the road, or to cause or permit the vehicle to be on a road or to be driven on a road, whether or not the person is present with the vehicle; and ‘operator’ has a corresponding meaning
5
Q
Land Transport Act 1998
Transport Law definitions
Road
A
includes:
* a street
* a motorway
* a beach
* a place to which the public have access, whether as of right or not
* all bridges, culverts, ferries and fords forming part of a road or street or motorway, or a place referred to in the previous points
* all sites which vehicles may be weighed for the purposes of this Act or any other enactment
6
Q
Land Transport Act 1998
Transport Law definitions
Vehicle
A
means a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved; and includes:
* a hovercraft
* a skateboard
* in-line skates
* roller skates
does not include:
* a perambulator or pushchair
* shopping or sporting trundler not propelled by mechanical power
* a wheelbarrow or hand trolley
* pedestrian-controlled lawn mower
* pedestrian-controlled agricultural machine not propelled by mechanical power
* article of furniture
* wheelchair not propelled by mechanical power
* any other contrivance specified by the rules not to be a vehicle for the purposes of this definition
* any rail vehicle
7
Q
Land Transport Act 1998
Licences
types of driver licences
A
- Learner (blue)
- Restricted (yellow)
- Full (green)
8
Q
Land Transport Act 1998
Licences
Learner
A
- must be accompanied by a supervisor in the front passenger seat who has held full licence for at least two years
- display two ‘L’ plates on vehicle
9
Q
Land Transport Act 1998
Licences
Restricted
A
- when driving between 10pm - 5am person must be accompanied by a supervisor in the front passenger seat who has held full licence for at least two years
- if carrying passengers, must be accompanied by a supervisor, unless passengers are their spouse, partner, guardian or dependant
10
Q
Land Transport Act 1998
Licences
time limit for holding Learner & Restricted licences
A
expire after 10 years, they can be renewed at any point in that 10 year span
11
Q
Land Transport Act 1998
Licences
Limited Licence
A
driver subject to special conditions
* pink in colour
three different types:
* Limited licence: no classes shown, conditions require driver to carry court order at all times
* Alcohol Interlock licence: allows drivers to only drive vehicles which are fitted with an alcohol interlock device
* Zero Alcohol licence: the driver must maintain a zero-alcohol limit when driving
12
Q
Land Transport Act 1998
Driver Licence offences
Section 31
A
- Failing to comply with learner/restricted conditions
or - no driver licence or failing to produce a licence
13
Q
Land Transport Act 1998
Driver Licence offences
Section 30
a driver licence must be returned to the Director under this section if the holder:
A
- has their licence suspended or revoked
- is disqualified from holding or obtaining a driver licence
- has their licence superseded by another licence (new licence issued)
14
Q
Land Transport Act 1998
Driver Licence offences
Section 32
A
Driving while disqualified
15
Q
Land Transport Act 1998
Major driving offences
4 classes of driving standards from least to most serious
A
- inconsiderate driving
- careless driving
- dangerous
- reckless driving
16
Q
Land Transport Act 1998
Major driving offences
“Anti-Social Road Users”
these offences make it illegal to…
A
- race
- make an unnecessary exhibition of speed
- pour substances onto the road to induce loss of traction
17
Q
Land Transport Act 1998
Major driving offences
Section 37
A
Inconsiderate or Careless use
- Operates
- a Vehicle
- on a Road
- Carelessly
OR - Without Reasonable Consideration for Other Road Users
18
Q
Land Transport Act 1998
Driver Licence offences
A
- s30 - returning driver licences
- s31 - failing to comply with learner/restricted licence conditions or no driver licence or failing to produce a licence
- s32 - driving while disqualified
19
Q
Land Transport Act 1998
Major driving offences
Section 35
A
Reckless or Dangerous Driving
* Operates
* a Motor Vehicle
* on a Road
* Recklessly
OR
* in a Manner/Speed which may be dangerous to any public/any person
20
Q
Land Transport Act 1998
Major driving offences
Section 37
arrest power?
A
there is no power of arrest for this offence
21
Q
Land Transport Act 1998
Major driving offences
Section 35
arrest power?
A
power of arrest comes from s315 Crimes Act 1961
22
Q
Land Transport Act 1998
Major driving offences
Inconsiderate explanation:
A
driving that includes:
* inattention
* thoughtless actions or omissions
* deliberate actions
which is inconsiderate to the other road users
e.g. slow speed hindering traffic
23
Q
Land Transport Act 1998
Major driving offences
Careless explanation:
A
Falling below the driving standards of a reasonable prudent motorist
e.g. indicating L then changing mind & turning R into oncoming traffic
24
Q
Land Transport Act 1998
Major driving offences
Dangerous explanation:
A
driving in a manner or speed which was or might have been dangerous to anyone
25
**Land Transport Act 1998**
Major driving offences
Reckless explanation:
* **Knowingly** disregarding one's duty as a driver
* **Deliberately** running an unjustifiable risk of injury or collision
| e.g. going 80-100kph through a STOP sign
26
**Land Transport Act 1998**
Major driving offences
How is 'Reckless' driving different to 'Dangerous'?
Reckless requires an element of intent (mens rea) that is absent in dangerous driving
27
**Land Transport Act 1998**
Anti-Social Road Users offences
Section 22A (1)(a)
**Engaging in unauthorised street or drag racing**
* a person commits an offence if the person
* operates a vehicle
* in a race
*OR*
* in an unnecessary exhibition of speed or acceleration
* on a road in contravention of section 22A(1)
28
**Land Transport Act 1998**
Anti-Social Road Users offences
Section 22A (1)(b)
**Engaging in unauthorised street or drag racing**
* without reasonable excuse
* intentionally pours on to
*OR*
* places on
*OR*
* allows to spill onto
* a road
* any petrol, oil or diesel fuel
*OR*
* any other substance that causes loss of traction
29
**Land Transport Act 1998**
Anti-Social Road Users offences
Section 22A (1)(c)
**Engaging in unauthorised street or drag racing**
* without reasonable excuse
* operates a vehicle on a road
* in a manner that causes sustained loss of traction
30
**Land Transport Act 1998**
Anti-Social Road Users offences
Section 22A
arrest powers for:
* 22A (1)(a)
* 22A (1)(c)
**s315** of Crimes Act 1961
31
**Land Transport Act 1998**
Traffic Law Powers
Section 114
Stopping vehicles and demanding details
You can demand that the driver state:
* their full name
* full address
* email address
* DOB
* occupation
* phone number
* whether they are the registered owner *(the name & address of the registered owner of the vehicle)*
*NADPOO*
32
**Land Transport Act 1998**
Traffic Law Powers
Section 114
Fail to stop: power to seize and impound vehicle for 6 months:
you **may** impound a vehicle for 6 months for failing to stop *or* remain stopped when requested, required, or signalled to do so under this section
Police have discretion about whether or not to impound a vehicle for a fail to stop event
33
**Land Transport Act 1998**
Traffic Law Powers
Section 114
Keeping the driver stopped
the driver must remained stopped for as long as is reasonably necessary for you to:
* obtain particulars, or
* exercise any other power conferred under this Act
If you stop the driver solely for the purpose of establishing their identity, you can delay them for **up to 15 minutes** for this purpose.
34
**Land Transport Act 1998**
Traffic Law Powers
Section 114
power of arrest
You can arrest using s114(6) any person who:
* fails to stop
* refuses to supply details
* supplies details that you have good cause to suspect are false or misleading
a driver who fails to comply with anything you have lawfully required of them under the Act can be charged under s52.
35
**Land Transport Act 1998**
Traffic Law Powers
Section 114
when to use?
this section can be used to stop vehicles *only* if you are enforcing the LTA 1998 or other traffic-related Act or regulations.
It cannot be used as a general-stopping power, for example to speak to a driver acting suspiciously.
36
**Land Transport Act 1998**
General roadway-related powers
Section 113
DIMDOD
**D**irect any person on a road to give:
NADPOE & info (within their knowledge) about identity of driver
**I**nspect, test, examine vehicle / documents
**M**ove or cause to be moved - any vehicle causing obstruction or hazard
**D**irect the driver or person in charge of the vehicle to move the vehicle
**O**rder (forbid) an unlicensed driver not to drive
**D**irect traffic and pedestrians
37
**Land Transport Act 1998**
General roadway-related powers
Section 113
If the person fails to give information or fails/refuses to carry out an action required you have a power of arrest under...
Land Transport Act 1998 - **s116**
38
**Land Transport Act 1998**
General roadway-related powers
Non-compliance
where a person is found operating a motor vehicle with no driver licence or the wrong class of licence *and* they have been forbidden to drive a motor vehicle of that class, the enforcement officer will:
* prosecute the driver for driving whilst forbidden or issue an ION, and
* must impound the motor vehicle pursuant to section 96 of the LTA
A power of arrest is found under s116 of the LTA
39
**Land Transport Act 1998**
General roadway-related powers
S114 & S113
Stopping vehicles - key differences
**s114** - allows you to stop vehicles
**s113** - does *not* allow you to stop vehicles
40
**Land Transport Act 1998**
General roadway-related powers
S114 & S113
person's details - key differences
**s114** - allows you to demand details from a driver you have stopped
**s113** - allows you to obtain a person's details on the road:
* who has committed an offence against specified acts referred to in s113 of the LTA
* when the identity of the driver of the vehicle is unknown
41
**Land Transport Act 1998**
General powers of transport legislation enforcement
Section 113
an enforcement officer may enforce the provisions of the:
* Land Transport Act 1998
* Local Government Act 1974
* Local Government Act 2002
* Road User Charges Act 2012
* Government Roading Powers Act 1989
* Railways Act 2005
* Land Transport Management Act 2003
| can only be used if an offence against one of the acts above committed
42
**Land Transport Act 1998**
Traffic Law Powers
Section 115
Banning vehicles from the road
43
**Land Transport Act 1998**
Traffic Law Powers
Section 115
Green Sticker
**Power to direct that a vehicle not be driven on a road**
If you believe on reasonable grounds that a vehicle on a road is **defective** as it **fails to comply with regulations or rules**
* POL650 provided to driver, sticker affixed to front & rear windscreen
44
**Land Transport Act 1998**
Traffic Law Powers
Section 115
Pink Sticker
**Power to direct vehicle not to be driven on a road**
If you believe on reasonable grounds that a vehicle on the road is **not in a safe condition to be driven on a road**
* POL555 is provided to the driver and sticker affixed to front and rear windscreen
45
**Land Transport Act 1998**
Traffic Law Powers
Section 115
Stickers - condition on the notice
you can include a condition on the notice that the vehicle may...
be driven to a specified place for repair
*Green stickered conditions:*
* driving to a certain place (home or for repair) at a particular speed or route
46
**Land Transport Act 1998**
Traffic Law Powers
Section 115
Stickers - removing coloured stickers before repaired and has new certification:
This is an offence under...
**s52** Land Transport Act 1998
47
**Land Transport Act 1998**
Traffic Law Powers
Section 121
Taking keys and forbidding to drive
48
**Land Transport Act 1998**
Traffic Law Powers
Section 121
the officer may carry out the following actions:
FARMED
**F**orbid that person to drive for a specified time, *or*
**A**ll keys to be surrendered, *or*
**R**ender the vehicle immobile, *or*
**M**ove, or cause to be moved, any vehicle causing an obstruction or hazard, to a place where it does not constitute a hazard, *or*
**E**BA offenders *must be forbidden* to drive for a 12-hour period, *or*
**D**irect that person to drive to a specified place to rest if they have exceeded their driving hours *(driver's log book)*
49
**Land Transport Act 1998**
Traffic Law Powers
Section 121
Powers to take keys and forbid driving
where an enforcement officer believes on reasonable grounds that:
a person who is for the time being in charge of a motor vehicle, -
* because of his or her physical or mental condition (however arising), is incapable of having proper control of the vehicle, *or*
* has not completed a Compulsory Impairment Test in a manner satisfactory to an enforcement officer, who is trained to give the test, when required to do so by an enforcement officer under s71A, *or*
* has failed or refused to undergo a Compulsory Impairment Test when required to do so under s71A, *or*
* has failed or refused to permit a blood specimen to be taken when required to do so by an enforcement officer under s72(1)(a) or (e), *or*
* is not complying with driving hours *(under any enactment)*
the enforcement officer may carry out the following actions: **FARMED**
50
**Land Transport Act 1998**
Traffic Law Powers
Section 121
power of arrest
you can arrest a person without warrant for:
* failing to comply with your directions, *or*
* attempting to do an act forbidden by s121
51
**Land Transport Act 1998**
Traffic Law Powers
Section 121
Procedures:
* issue a Road Safety Directive (POL 406), clearly stating what prohibitions and actions are being enforced
* place seized keys in the Watchhouse area and record the details in the seized keys book
* if vehicles are moved to a safe place, record the details as per station policy and enter an alert on the vehicle in NIA
52
**Land Transport Act 1998**
Traffic Law Powers
Section 118
Obtaining information
53
**Land Transport Act 1998**
Traffic Law Powers
Section 118
an enforcement officer may require the owner or hirer of any vehicle to give, within 14 days, all information available to them which may lead to:
* the ID and apprehension of the driver, if that driver is alleged to have committed any offence against any Act while in charge of the vehicle.
* the ID and apprehension of any passenger if that passenger in or through the use of a vehicle:
-has **committed**
-has **aided in the commission of**
-has **avoided arrest for**
**any** offence against any Act
* to prove an offence the person must have been the owner/hirer of the vehicle at the time of the offence
* the information required must be within the owner/hirer's means or ability to supply
54
**Land Transport Act 1998**
Traffic Law Powers
Section 118
obtaining info after a vehicle fails to stop
you can require the owner of a vehicle which has failed to stop or remain stopped for Police to...
**immediately** give you all the info available to them that would lead to the ID and apprehension of the driver.
You **may** impound the vehicle if the Registered Person fails to provide info under s118(4) about a driver who has failed to stop, and impounding the vehicle is necessary to prevent a serious threat to road safety
s118 does not apply if the owner is arrested or detained in relation to the suspected offence
55
**Land Transport Act 1998**
Traffic Law Powers
Section 95
Suspending licences for 28 days
56
**Land Transport Act 1998**
Traffic Law Powers
Section 95
if you believe on reasonable grounds that any of the following situations apply you must give notice to the person that their licence will be suspended for 28 days:
the person has been found to have:
1. breath alcohol over 650mcg of alcohol per litre of breath
2. blood alcohol of over 130mgm of alcohol per 100ml of blood
3. breath alcohol of over 400mcg of alcohol per litre of breath and convicted for any 'relevant offence' within last 4 years
4. blood alcohol of over 80mgm of alcohol per 100ml of blood and convicted for any 'relevant offence' within last 4 years
5. blood concentration level of a listed qualifying drug exceeding the high-risk level for the drug and convicted for any 'relevant offence' within last 4 years
6. unlisted qualifying drug in their blood after they failed to complete a compulsory impairment test in a manner satisfactory to an enforcement officer who is trained to give the test and convicted of any 'relevant offence' within last 4 years
7. failed or refused a blood test under s72 or s73 of the LTA 1998: at the request of an enforcement officer / health practitioner / medical officer, *or* at the hospital or medical centre
8. the person drove a vehicle more than 40ph over the permanent posted speed limit *(does not apply to infringements caught on speed camera)*
9. the person drove a vehicle 50kph over any speed limit other than the permanent one *(temp speed limit, towing speed limit)* *(does not apply to infringements caught on speed camera)*
57
**Land Transport Act 1998**
Traffic Law Powers
Section 95
The 'relevant offences' are:
* s56(1) excess breath alcohol >400
* s56(2) excess breath alcohol >80
* s57A(1) driving while impaired with blood that contains evidence of use of a qualifying drug
* s57B(1) driving with two or more qualifying drugs in blood
* s57C(1) driving with alcohol and one qualifying drug in blood
* s58(1) incapable of proper control under the influence of drink or drug
* s60(1) failed or refused to give blood
* s61(1) caused death or injury with EBA
* s61(2) caused death or injury while incapable
Youth-level convictions do not count as 'relevant offences'
58
**Land Transport Act 1998**
Traffic Law Powers
Section 95
when does the suspension begin?
Immediately after the notice to suspend the licence has been given to the person.
The person must surrender their licence immediately.
59
**Land Transport Act 1998**
Traffic Law Powers
Section 90
Suspending licences and disqualifying from driving
60
**Land Transport Act 1998**
Traffic Law Powers
Section 90
if in any two-year period, a person has accumulated a total of...
100 or more demerit points
* the Director of the NZTA must, by notice in writing given to that person, suspend their current driver licence for 3 months
suspension or disqualification starts on the date the notice is given to the person.
NZTA is responsible for serving the notices
61
**Land Transport Act 1998**
Traffic Law Powers
Section 96
seizing and impounding vehicles for 28 days
62
**Land Transport Act 1998**
Traffic Law Powers
Section 96
if you believe on reasonable grounds that a person drove on a road while they were subject to one of the following situations you **must** seize and impound a motor vehicle for 28 days, or authorise someone else to do this:
* disqualified from holding or obtaining licence
* suspended or revoked licence
* alcohol interlock - operated car contrary to conditions of this licence
* not holding a licence *(expired or unlicensed)* **and** previously forbidden to drive
* drove or operated vehicle in breach of qualifying bylaw and vehicle subject to warning notice issued under s22AF
* operated vehicle in race or unnecessary exhibition of speed on road contrary to s22A(1)
* caused vehicle to undergo sustained loss of traction contrary to 22A(3)
* operates motor vehicle recklessly
* drives or causes vehicle to be driven on a road at speed, or in manner which is or might be dangerous to public or a person
* person causes bodily injury or death of person while carelessly using motor vehicle
* breath alcohol of over 400mcg per litre of breath and have two previous convictions for any 'relevant offences' within 4 years
* failed or refused a blood test under s72 or s73 of the LTA 1998: at the request of an enforcement officer / health practitioner / medical officer, *or* at the hospital or medical centre **and** have two previous convictions for any 'relevant offence' within 4 years
63
**Land Transport Act 1998**
Enforcement officer's obligations
Complete the notice on the prescribed form
* copy to the driver
* copy to registered owner *(as soon as practicable)*
* copy to storage provider
* retain a copy for 12 months
You can only seize the vehicle, not it's attachments *(trailer/boat)*
64
**Land Transport Act 1998**
Seizing vehicles
Section 122
power to seize vehicle for 12 hours
65
**Land Transport Act 1998**
Seizing vehicles
Section 122
if you believe on reasonable grounds that it is in the interest of public safety, you can...
seize and impound a motor vehicle for a period not exceeding 12 hours.
This period may be extended to a further 12 hours if the circumstances have not changed
66
**Land Transport Act 1998**
Seizing vehicles
Section 123
power to seize vehicle for up to ten days
67
**Land Transport Act 1998**
Seizing vehicles
Section 123
you can seize and impound a motor vehicle for a period not exceeding 10 working days in order to:
* preserve evidence
* enable scientific examination
* establish the cause of a serious traffic accident
If you believe on reasonable grounds that:
* the vehicle has been involved in a serious traffic accident or hit and run offence, *or*
* the driver failed to stop in accordance with s114
68
**Land Transport Act 1998**
Seizing vehicles
Section 119
entering premises and seizing vehicles
69
**Land Transport Act 1998**
Seizing vehicles
Section 119
powers of entry to carry out breath alcohol testing
where you have GCTS that any person:
* has failed to stop for flashing lights and sirens
*and*
* has committed, or is committing, an offence against s35 (reckless or dangerous driving), *or*
* is, or has been, driving under the influence of alcoholic drink, drug or both
**and** you are freshly pursuing that person,
you can:
* without warrant in the course of pursuit
* enter any premises on which the person has entered, by force if necessary, to excercise or complete the excess breath alcohol (EBA) procedures
70
**Land Transport Act 1998**
Seizing vehicles
Section 119
to seize a vehicle without warrant
you can:
* without warrant enter by force, if necessary
* a building or place where a vehicle to which s96 and s123 apply *(seizing and impounding vehicles)* is being kept
* to seize and impound the vehicle
you can do this if:
* you are freshly pursuing this vehicle, *or*
* the vehicle is about to be CADD or removed, *or*
* they believe on reasonable grounds the vehicle was about to be used in the commission of an imprisonable offence,
*and*
* it is impracticable due to the time of the day or the locality to obtain a warrant
71
**Land Transport Act 1998**
Seizing vehicles
Section 119
this section does not permit you to arrest a person for an offence against the LTA 1998, except for:
* failing to remain for the result of BST or EBT
* failing to accompany you
* driving under the influence of drink or drug
* refusing to remain for a blood test
* refusing to give blood
* assaulting an enforcement officer
72
**Land Transport Act 1998**
Road safety directive
methods of dealing with traffic offences:
* a written traffic warning
* issuing an Infringement Offence Notice *(ION)*
* a referral to an outside agency *(AWHI to assist in obtaining a licence)*
73
**Land Transport Act 1998**
Basic Drink-Driving Offences
Drivers 20 years and over
*Section 56(1)*
| Breath
Exceeds 400mcg of alcohol per litre of breath
74
**Land Transport Act 1998**
Basic Drink-Driving Offences
Drivers 20 years and over
*Section 56(1A)*
| Breath
Exceeds 250mcg but does not exceed 400mcg of alcohol per litre of breath
75
**Land Transport Act 1998**
Basic Drink-Driving Offences
Drivers 20 years and over
*Section 56(1A) & 56(2A)*
Penalty
| Breath
Infringement fee $200
50 demerit points
76
**Land Transport Act 1998**
Basic Drink-Driving Offences
Drivers 20 years and over
*Section 56(2)*
| Blood
Exceeds 80mg of alcohol per 100ml of Blood
77
**Land Transport Act 1998**
Basic Drink-Driving Offences
Drivers 20 years and over
*Section 56(2A)*
| Blood
Exceeds 50mg but does not exceed 80mg of alcohol per 100ml of blood
78
**Land Transport Act 1998**
Basic Drink-Driving Offences
Drivers 20 years and over
*Section 56(2B)*
| blood - failed/refused EBT
the person who has *failed* or *refused* to undergo an EBT:
exceeds 50mg but does not exceed 80mg of alcohol per 100ml of blood
79
**Land Transport Act 1998**
Basic Drink-Driving Offences
Drivers 20 years and over
*Section 56(2B)*
Penalty
| blood - failed/refused EBT
Infringement fee $700
50 demerit points
80
**Land Transport Act 1998**
Basic Drink-Driving Offences
Drivers 20 years and over
*Section 58*
under influence of drink OR drug OR *both*
to such an extent as to be incapable of having **proper control** of the vehicle
81
**Land Transport Act 1998**
Basic Drink-Driving Offences
Drivers 20 years and over
*Section 56(1), 56(2), 58*
Penalty?
3 months/$4,500 or both
disqualified 6 months
*3rd offence:*
2 years' prison
$6,000 fine
disqualified more than 1 year
82
**Land Transport Act 1998**
Basic Drink-Driving Offences
Drivers under 20 years
*Section 57(1)*
| breath
exceeds 150mcg of alcohol per litre of breath
83
**Land Transport Act 1998**
Basic Drink-Driving Offences
Drivers under 20 years
*Section 57(2)*
| blood
exceeds 30mg of alcohol per 100ml of blood
84
**Land Transport Act 1998**
Basic Drink-Driving Offences
Drivers under 20 years
*Section 57(1A)*
| breath
does *NOT* exceed 150mcg of alcohol per litre of breath
85
**Land Transport Act 1998**
Basic Drink-Driving Offences
Drivers under 20 years
*Section 57(1A) & 57(2A)*
Penalty?
| breath
Infringement fee of $200
50 demerit points
86
**Land Transport Act 1998**
Basic Drink-Driving Offences
Drivers under 20 years
*Section 57(2A)*
| blood
does NOT exceed 30mg of alcohol per 100ml of blood
87
**Land Transport Act 1998**
Basic Drink-Driving Offences
Drivers under 20 years
*Section 57(1) & 57(2)*
Penalty?
| blood
3 months disqualification
$2,250 fine
88
**Land Transport Act 1998**
Basic Drink-Driving Offences
Drivers under 20 years
if a result of *over* 400mcg per litre of breath **OR** *over* 80mg per 100ml of blood that person is charged under what section?
Section 56 of LTA (the same as an adult)
89
**Land Transport Act 1998**
Basic Drink-Driving Offences
5 situations when you can require a person to undergo a BST without delay
They are:
Section 68(1)(a)
* Any **driver**, of a **motor vehicle**, on **any road** (random stopping)
* Any **person**, **attempting**, **to drive a motor vehicle**, on **any road**
Section 68(1)(b)
* Any **person**, **you have GCTS**, has **recently committed an offence**, **against road safety provisions of the LTA**, **that involves the driving of a motor vehicle**
Section 68(1)(c)
* A **driver**, **of a motor vehicle**, involved **in a motor accident**
* **Where the driver is not known**, you have **GCTS**, **passengers in a vehicle**, **involved in a motor accident**
90
**Land Transport Act 1998**
Passive Breath Testing
what is this test for?
to detect the presence of alcohol on a driver's breath (yes or no). It holds no evidential value.
it **indicates** the proportion of alcohol on a driver's breath.
91
**Land Transport Act 1998**
Breath Screening Testing
to commence the BST, say to the driver:
"I now require you to undergo a breath screening test without delay"
92
**Land Transport Act 1998**
Breath Screening Testing
Results of the test
"Pass" indicates...
a negative result
the indicator light will turn green for a short time
93
**Land Transport Act 1998**
Breath Screening Testing
Results of the test
"Under 250" indicates...
the person's breath contains alcohol but does not exceed 249mcg of alcohol per litre of breath.
The indicator light will show steady **amber** for a short time
94
**Land Transport Act 1998**
Breath Screening Testing
Results of the test
"250 + over" indicates...
the proportion of alcohol in the person's breath equals or exceeds 250mcg but does not exceed 400mcg of alcohol per litre of breath.
The indicator light will be flashing **alternatively amber and red** for a short time.
95
**Land Transport Act 1998**
Breath Screening Testing
Results of the test
"Over 400" indicates...
the proportion of alcohol in the person's breath exceeds 400mcg of alcohol per litre of breath.
The indicator light will remain **red** for a short time.
96
**Land Transport Act 1998**
Evidential Breath Test
Require to accompany
In any of the following situations, you may require the driver to accompany you for the purposes of undergoing an EBT, blood test or both:
* driver/person being tested **fails** or **refuses** to complete a BST without delay
* no breath screening device available *(after making a diligent effort to obtain one)*
* person is **20 years old or over** and test reading is either '**250 + over**' *or* '**Over 400**'
* person is **under 20 years old** and test reading is '**Under 250**' *or* '**250 + over**' *or* '**Over 400**'
97
**Land Transport Act 1998**
Evidential Breath Test
Require to accompany
Say to the driver:
"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"
98
**Land Transport Act 1998**
Evidential Breath Test
Require to accompany
Following telling the driver to accompany you for an EBT, what do you need to inform the driver?
Their Rights/Caution:
*"You have the right to remain silent.
You do not have to make a statement.
Anything you say will be recorded and may be given in evidence in court.
You have the right to speak with a lawyer, without delay and in private, before deciding whether to answer any questions.
Police have a list of lawyers you may speak to for free"*
99
**Land Transport Act 1998**
Evidential Breath Test
Require to accompany
Following telling the driver to accompany you for an EBT, giving them their Rights/Caution, what can you also do?
Search of them as they are a 'detained person' under the LTA
They may be searched under SASA 2012 s85, but need to have their 125 obligations.
100
**Land Transport Act 1998**
Evidential Breath Test
Require to accompany
Refusal to accompany, what do you do?
Warn them that they may be arrested for *failing to accompany you* but that, if they are arrested *bail will be considered*.
If the person still refuses, arrest them, return to the Police Station, carry on with EBT procedure.
Whatever the outcome of the test, the driver will face a charge of failing or refusing to accompany.
101
**Land Transport Act 1998**
Evidential Breath Test
Say to the driver:
"I now require you to undergo an evidential breath test without delay"
102
**Land Transport Act 1998**
Evidential Breath Test
Positive result - 20 years and over
251-400mcg of alcohol per BL - infringement notice & demerit points *(with no blood election option)*
400mcg of alcohol per BL
103
**Land Transport Act 1998**
Evidential Breath Test
Positive result - under 20 years
over 150mcg of alcohol per BL
1-150mcg of alcohol per BL - infringement notice & demerit points *(with option to elect a blood test)*
104
**Land Transport Act 1998**
Evidential Breath Test
If the reading is under the legal limit...?
the test is negative.
The driver is free to go as long as there are no other o/s charges to face.
*You can still forbid a person to drive under s121 if you have an honest belief, on reasonable grounds, that the person is incapable of having proper control of the vehicle*
105
**Land Transport Act 1998**
Evidential Breath Test
Positive result - what to do?
The driver might have the right to have a blood sample taken.
Read the 'Advice of Positive EBT' to the driver as soon as possible after the result is ascertained.
Complete relevant areas and read it aloud to the person. Explain its contents.
You **must** again advise the driver or Rights/Caution
106
**Land Transport Act 1998**
Evidential Breath Test
Positive result - following the explanation of the Advice of Positive EBT and the driver has spoken to a lawyer (if they elect to) what is next?
You **must give the driver a ten-minute period** to decide whether to have a blood sample taken.
*It's now common practice to give 12 minutes.*
Do not advise the driver on what to do. Preferable not to talk with the person at all.
As soon as the person requests a blood sample to be taken, start the blood test procedure, the 10-minute period no longer applies.
If the driver accepts the positive EBT and does not want a blood sample taken, the procedure is complete.
107
**Land Transport Act 1998**
Blood tests
Start the blood test procedure if:
* an EBT is unavailable
* the driver refuses or fails to undergo the EBT
* an "incomplete" test result is obtained
* A positive result is returned and the driver elects to have a blood sample taken
***Note:** a person 20 years or over whose EBT is 251-400 is **NOT** entitled to elect blood*
108
**Land Transport Act 1998**
Blood tests
Letting the driver go
a positive EBT or a driver who refused or failed to complete an EBT must...
be forbidden to drive under s121
also consider forbidding any other driver who returns a lower result than a positive EBT
109
**Land Transport Act 1998**
Arrestable EBA Offences
Four offences you can arrest for:
**Fails or refuses to remain**
* the person fails or refuses to remain at the place where the BST was undertaken until the result of the test was known
**Fails or refuses to accompany**
* the person fails or refuses to accompany you without delay for an EBT or blood test or both
**Fails or refuses to give blood when required by an Enforcement Officer**
* having been required by an enforcement officer to permit a blood specimen to be taken, the driver fails or refuses to do so
**Fails or refuses blood when requested by a medical practitioner**
* having been requested by a registered medical practitioner or authorised person to permit a blood specimen to be taken without delay, the driver fails and refuses to do so
110
**Land Transport Act 1998**
Issuing a Summons
A summons is normally used...
when a person accepts the breath test reading and is not arrested.
111
**Land Transport Act 1998**
Issuing a Summons
you can summons a driver to a date no more than...
two months from the time that the summons is served
112
**Land Transport Act 1998**
Issuing a Summons
you should not issue a summons for...
excess breath or excess blood alcohol to a person under 18 years old.
The file should be prepared and sent to your Youth Aid section
113
**Land Transport Act 1998**
Section 56(1)
Excess breath alcohol >400
114
**Land Transport Act 1998**
Section 56(2)
Excess blood alcohol >80
115
**Land Transport Act 1998**
Section 57AA
contravention of alcohol interlock or zero alcohol licence
116
**Land Transport Act 1998**
Section 60(1)
failed or refused to give blood
117
**Land Transport Act 1998**
Section 61(1)
caused death or injury with EBA
118
**Land Transport Act 1998**
Section 61(2)
caused death or injury while incapable
119
**Land Transport Act 1998**
Section 72
failed or refused a blood test at the request of an enforcement officer or health practitioner / medical officer
120
**Land Transport Act 1998**
Section 73
failed or refused a blood test at hospital or medical centre
121
**Land Transport Act 1998**
Section 59(1)
Failure or refusal to remain at specified place or to accompany enforcement officer
122
**Land Transport Act 1998**
The types of crashes you may attend are:
**Non-injury**
no injury occurred
**Minor injury**
injuries are not 'serious' but require first aid or cause discomfort or pain *(minor bruising, minor cut or soreness)*
**Serious injury**
person suffers fracture, concussion, severe cut or other injury requiring medical attention and/or admission to hospital
**Fatal**
crash on a public road, street or other place involving a vehicle where a person involved in the crash dies within 30 days of the crash
123
**Land Transport Act 1998**
Vehicle Crash Law
Initial driver responsibility
Section 22(1)
Where an accident arising **directly** or **indirectly** from the operation of a vehicle occurs to
* a person
* a vehicle
The **driver** or **rider** of the vehicle **must:**
* **Stop** their vehicle
* **Ascertain** whether anyone is injured
* **Render** all practical assistance to anyone who is injured or killed
| Power of Arrest: Crimes Act 1961, Section 315(2)(b)
124
**Land Transport Act 1998**
Vehicle Crash Law
Duty to report injury
Section 22(3)
Where a crash involves
* **injury**
* **death**
**Driver** or **rider** must report accident **in person** to
* **nearest police station**
* **to an Enforcement Officer**
As soon as reasonably practicable
**and in any case not later than 24 hours after the time of the crash**
Unless the driver or rider is **incapable of doing so by reason of injuries** sustained by him/her in the accident
125
**Land Transport Act 1998**
Vehicle Crash Law
Duty to report damage
Section 22(4)
Where a crash involves
* damage to an unoccupied vehicle
* damage to other property
belonging to another person
Driver or rider **must** unless incapable by reason of injury
* **within 48 hours** report to the Owner:
* driver's name
* driver's address
* registration plate
* crash location
If the owner can't be contacted or identified, report to Police station or Enforcement Officer **within 60 hours** *(from the time of the crash)*
*if the driver is the only person injured and the property belongs to them, these obligations do not apply*
