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RNZPC Course Notes > Road Policing RP01 > Flashcards

Road Policing RP01 Flashcards

1
Q

S.114 LTA 1998 is…

A

Stopping vehicles and demanding details

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2
Q

What must be present to stop any vehicle?

A
  1. Officer in uniform or Officer wearing a hat, cap or helmet with Police emblem
  2. Vehicle displaying blue, red and blue and or siren
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3
Q

What can and Officer do under S.114

A

Signal and stop any vehicle and demand the drivers details, so f they are the RO and if not the known details of the RO

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4
Q

How long can you stop a vehicle to demand the drivers details

A

15 minutes

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5
Q

Can S.114 be used to stop any vehicle

A

No. Only to be used to stop a vehicle for traffic related enforcement

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6
Q

S.114 (6) is..

A

The power of arrest without warrant if:

  1. Vehicle fails to stop; or
  2. Driver refuses to supply details; or
  3. Have good cause to suspect false or misleading details supplied
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7
Q

What section can you charge S.114 noncompliance under?

A

LTA S.52(1)(c)

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8
Q

S.113 LTA 1998 is…

A

General Roadway Related Powers

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9
Q

Can S.113 be used to stop a vehicle?

A

No, use S.114

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10
Q

What can be done by an Officer under S.113

A

DIMDFFD
D irect a person on a road to give full details
I nspect, test and examine vehicle
M ove vehicle, or authorise to be moved (if hazard/obstruction
D irect drive/person in control to remove vehicle from the road (if hazard/obstruction)
F orbid unlicensed (1st time = RSD + ION, 2+ = prosecution & impound)
F orbid person operating a transport service vehicle with incorrect licence class
D irect to stop, or proceed in directed manner

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11
Q

S.115 LTA 1998 is…

A

Banning vehicles from the road

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12
Q

What does S.115 allow Officers to do

A

To prohibit unsafe or i compliant vehicles from being driven on the road

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13
Q

What is a GREEN sticker for

A

A vehicle that..

  • fails to comply with regulations or rules (default exhaust, tinted windscreen)
  • unable to be driven on the road until a WOF is obtained
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14
Q

What is a PINK sticker

A

A vehicle that..

  • is unsafe for road use (illegal modifications, structural rust)
  • unable to be driven on a road until:
    1. Inspection by approved agent
    2. Passes inspection
    3. Evidence of pass displayed
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15
Q

What section does the power of arrest for non compliance of S.113 & S.115 derive from?

A

S.116 LTA 1998

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16
Q

If a PINK or GREEN sticker is removed, what section can they be charged with?

A

S.52 (1) (a) LTA 1998

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17
Q

S.121 LTA 1998 is….

A

Taking keys and forbidding to drive

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18
Q

When can an Officer take keys and forbid the driver to drive?

A

While I charge of a motor vehicle:

  1. Incapable of proper control due to physical/mental condition; or
  2. Unsatisfactorily completed a compulsory impairment test when requested; or
  3. Failed to undergo compulsory impairment test when requested; or
  4. Not complying with driving hours
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19
Q

What can and Officer do under S.121 LTA 1998?

A

FARMED
F orbid that person to drive for a specific time
All keys to be surrendered
R ender the vehicle immobile
M ove or cause to be moved (if hazard/obstruction)
E EBA must forbid for 12 hrs
D irect to drive to specifics place to sleep

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20
Q

Steps to remember for S.115 LTA 1998

A
  1. Issue RSD stating conditions
  2. Seize keys, store them at watch house and submit RSD to FMC for alert
  3. Record where if the vehicle was moved - take photos where vehicle left
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21
Q

Learner licence conditions:

A
  1. Must display L plate at all times
  2. Must have a 2yr full licenced, unimpaired front passenger
  3. Carry licence and produce on demand
  4. Expires after 5 yrs
22
Q

Restricted licence conditions:

A
  1. To drive between 10pm and 5am or with passengers, must have a 2yr full licenced, unimpaired front passenger
  2. Carry licence and produce on demand
  3. Expires after 5 yrs
23
Q

Full licence conditions:

A
  1. Carry and produce licence on request

2. Expires after 10 yrs

24
Q

S.118 LTA 1998 is…

A

Obtaining information

25
Q

What is an Officer able to do under S.118 LTA 1998?

A

Require owner or hirer to provide known details of the driver and passengers, within 14 days, to aid in identification

26
Q

When are you able to apply S.118 LTA 1998?

A

When the driver or passenger has committed any offence under any acts..
While in or through use of the vehicle

27
Q

How is S.118(4) different to S.118(1)&(2)?

A

The owner/hirer must give the information immediately when the vehicle was used to flee.

28
Q

What section can you charge under for breaching S.118? And do you have the power of arrest?

A

S.52 (1)(c) LTA 1998

No power of arrest for S.118 LTA

29
Q

S.95 LTA 1998 is…

A

Suspended licence for 28 days

30
Q

When can an Officer suspend a driver under S.95 LTA 1998?

A
  1. Breath alc >650mcg
  2. Blood alc > 130 mgm
  3. Breath alc > 400 mcg and 2 x relevant convictions
  4. Blood alc >80mgm and 2 x relevant convictions
  5. Failed or refuse bloods und S.72 & S.73
  6. Drove 40km over posted
  7. Drove 50km over temp
    (Does not apply to camera IONs)
31
Q

What to remember with S.95

A

Previous relevant Youth convictions are not counted

32
Q

When does the suspension begin?

A

As soon as the notice is served.

Licence must be seized.

33
Q

There is a right to appeal S.95 under what sections?

A

S.101 and S.109 LTA 1998

34
Q

S.90 LTA 1998 is..

A

Suspending licenses and disqualifying from driving

35
Q

S.90(1) LTA 1998 is where

A

A person has accumulated more than 100 demerits in a 2 yr period

36
Q

What actions does an Officer take under S.90 (2) LTA 1998?

A
  1. Suspend the driver for 3 months (if they have a licence)
  2. Disqualify driver for 3 months (if they do not have a licence)

This is only when directed by NZTA as they were unable to locate the person.

37
Q

What must you do when serving a suspension notice?

A
  1. Ask driver for their licence (this will need to be surrendered)
  2. Confirm PID with comms
  3. Serve notice & submit notification to NZTA and notice to FMC
38
Q

S.96 LTA 1998 is…

A

Seizing & impounding vehicles for 28 days

39
Q

When must and Officer impound a vehicle for 28 days?

A
  1. Suspended/revoked/disqualified driver
  2. Breached S.22AF, 22A(1)&(3)
  3. Failed to stop or remain stopped
  4. Breath alc or bloods over limit and 2 x relevant convictions
  5. Refused of failed bloods under S.72 & S.73
40
Q

Can you impound vehicle for >400 mcg & 2 x relevant convictions?

A

Yes under S.96 LTA 1998, but if they request bloods and come back under the limit, the vehicle must be release immediately

41
Q

How many copies of a suspension notice are there?

A 
Four
1 - to driver
2 - RO
3 - impound lot
4 - keep and scan to FMC
42
Q

What is S.96(1A) LTA 1998?

A 
Boy racers-powers to impound 
Incl
Excess/unnecessary display of speed
Sustained loss of traction 
Involved in street race
43
Q

Can you impound all attachments (eg. Trailer)

A

No, only the vehicle

44
Q

DLSO is…

A

Driver licence stop order - issued by MoJ for unpaid fines or reparations.

Police are to issue suspension/disqualification if active PID alert to.

Ends when fines paid or arrangement made.

45
Q

S.122 & S.123 LTA 1998 is…

A

Seizing vehicle

46
Q

How long can you seize a vehicle is you believe on reasonable grounds it is unsafe to the public?

A

12hrs, and a further 12hrs is situation hasn’t changed

47
Q

Under S.123 a vehicle can be held for 10 days for what purpose?

A
  1. Preserve evidence
  2. Scientific exam
  3. Investigate serious crash
48
Q

S.119 LTA 1998 is…

A

Entering premises and seizing vehicles

49
Q

What conditions must be meet to invoke S.119

A
  1. failed to stop &
  2. Committed reckless/dangerous driving or recently under the influence
    &
  3. Freshly pursuing
50
Q

What does S.119 allow Officers to do?

A

Without warrant enter, by force to complete EBA or seize/impound.
If impractical to obtain a warrant.

RNZPC Course Notes (16 decks)

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