Roads and Transport Act Legislation Flashcards
(34 cards)
S. 107 RTA – Licence Definitions:
- Applicable Driver Licence:
A licence issued under any jurisdiction authorising the driver to drive one or more class of vehicle. Includes receipt for licence/foreign licence. - Applicable Interlock Driver Licence: A drivers licence with an interlock required.
- Applicable Learner Licence:
L Speed Limit = 90 km/h.
Learner licence or receipt for such or foreign equivalent. - Applicable Provisional Licence: P1 Speed Limit = 90 km/h.
P1 or P2 or applicable foreign jurisdiction. P2 Speed Limit = 100 km/h. - Foreign Driver Licence:
Ordinarily a resident in a foreign country and not permanent Australian resident and has licence issued in country for which the person is a resident. - Learner Driver: Holds a learner licence for that class of vehicle and is learning to drive that vehicle.
- Novice Driver: Holds an applicable learner, applicable provisional or an applicable interlock driver licence.
- Special Category Driver:
Coach, GVM exceeding 13.9 tonnes, public passenger vehicle, carries dangerous goods.
S. 108 RTA – PCA Ranges:
- Novice Range 0.001 – 0.019 g/210L.
- Special Range 0.020 – 0.049 g/210L.
- Low Range 0.050 – 0.079 g/210L.
- Middle Range 0.080 – 0.149 g/210L.
- High Range 0.150 g/210L and above!
S. 109 RTA – Alcohol Concentration Representations:
- Grams per 210L of breath equivalent to:
* Grams per 100mL of blood
S. 110 RTA – Presence of Prescribed Concentration of Alcohol – “PCA”:
• It is an offence to:
o Drive a vehicle,
o Occupy driver’s seat and attempt to put vehicle in motion,
o Occupy supervising seat for a learner driver,
• While the following PCA ranges are present in a person’s breath/blood:
o Novice Range + Novice Driver (L and P1&2 drivers).
o Special Range + Special Category Driver.
o Low / Middle / High Range + Applicable Driver Licence
(Any licence).
– Breath Analysis (or BAS) must be performed within 2 hours of the offence.
S. 111 RTA – Presence of Drugs – “Illegal Drugs”:
• It is an offence to:
o Drive a vehicle,
o Occupy driver’s seat and attempt to put vehicle in
motion,
o Occupy supervising seat for a learner driver,
• While a Prescribed Illicit Drug is present in the person’s oral
fluid, blood or urine
– Drug test must be performed within 2 hours of the offence
S. 112 RTA – Driving Under the Influence – “DUI”:
• It is an offence to:
o Drive a vehicle,
o Occupy driver’s seat and attempt to put vehicle in
motion,
o Occupy supervising seat for a learner driver,
• While under the influence of Alcohol or Prescribed Illicit
Drugs:
– No time limit
– Evidence is dependant on questioning, observations
(sobriety assessment) and evidence found.
CL. 4 / SCH. 3 RTA – Arrest Following a Failed / Refused Breath Test:
• PO may a arrest person if they have failed a breath test.
• After arrest, PO may:
– Take person to a police station or other place and detain for breath analysis.
– Take person to a hospital or prescribed place to provide a
blood sample if they have refused breath analysis (cl. 5A).
– May use reasonable force in doing so.
Clause 5A / Schedule 3 RTA – Taking Blood Sample Following Arrest – “failed breath test”
• This clause compels medical practitioners to take blood from
those arrested due to inability to submit to a breath analysis
(CL. 4).
– Blood sample must be taken within 4 hours of the offence.
– Police may require a person to provide a sample of the
person’s blood.
– The authorised sample taker is required to take the sample if
informed that it is for this clause.
– The court will prove that they were physically unable to submit.
– Blood testing certificate required from the medical
practitioner.
– Serial number on blood testing certificate required to be recorded for the COPS event.
CL. 11 / SCH. 3 RTA – Blood Samples to be Taken in Hospitals from Crash Patients
This clause compels medical practitioners to take blood from
crash patients in hospital when the patient was:
• Driving a motor vehicle.
• Occupying the driver’s seat and attempting to put the motor
vehicle into motion.
• Supervising a learner driver.
• Pedestrian.
• Riding a horse.
• Driving anything other than a motor vehicle.
– Blood sample to be taken ‘as soon as practicable’ (best
practice - 12 hours).
– Driver/rider must be 15 years old or older.
– If PO has reasonable suspicion for a patient’s blood to be tested for drugs, you must submit a report which explains your reasons and the type of drug suspected.
– Blood testing certificate required from the medical
practitioner.
– Serial number on blood testing certificate required to be recorded for the COPS event.
CL. 13 / SCH. 3 RTA – Police Officer May Require Sobriety Assessment.
PO may perform a sobriety assessment.
• Breath test the driver first. NO BREATH TEST, NO SOBRIETY
TEST!!
• Inform the driver you are conducting a sobriety assessment.
• Must be reasonable belief the person is under the influence of a drug other than alcohol.
• To be conducted at or near the place where the person
underwent the breath test.
Observations for the Sobriety Assessment:
CL. 13 / SCH. 3 RTA – Police Officer May Require Sobriety Assessment.
DUI observations include but are not limited to: • Face - sallow pallor, flushed etc. • Eyes - blood shot, watery etc. • Skin - needle marks, sweating, etc. • Speech – slurred, slow, fast etc. • Actions - movements and balance • Attitude - talkative, indifferent, etc. • Clothing - dishevelled etc.
CL. 14 / SCH. 3 RTA – Arrest Following a Failed / Refused Sobriety Assessment:
• PO may a arrest person if they have failed or refused a
sobriety test.
• After arrest, PO may:
– Take person to a hospital or prescribed place to provide a
blood or urine sample.
– May use reasonable force in doing so.
– Blood and urine must be obtained within 4 hours.
CL. 15 / SCH. 3 RTA – Taking Samples Following Arrest - “failed sobriety test”:
• This clause compels medical practitioners to take samples
from those arrested for the inability to submit to or
pass a sobriety test (cl. 14):
– Driver/rider must be 15 years of age or older.
– Must be completed within 4 hours.
– Blood testing certificate required from the medical
practitioner.
– Serial number on blood testing certificate required to be recorded for the COPS event.
Appropriate Action Taken for Positive Sample from those arrested under for the inability to submit to or pass a sobriety test:
CAN – S. 110 RTA for PCA offence.
CAN – S. 111 RTA for Illegal Drug offence -
Where prescribed illicit drugs are found with no evidence
of driver being under the influence.
CAN – S. 112 RTA for DUI offence -
Where prescribed illicit drugs are found and evidence exists of driver being under the influence of alcohol and/or
drugs.
Will require an expert opinion in relation to sobriety.
CL. 12 / SCH. 3 RTA – Power to Arrest Persons Involved in Fatal Crashes for Blood/Urine Tests:
• PO may arrest person if they are involved in a:
– Fatal crash or,
– Likely fatal crash (likely the crash victim will die within 30
days).
• After arrest, PO may:
– Take person to a hospital or prescribed place to provide a
blood sample (CL. 5A).
– May use reasonable force in doing so.
– Blood sample must be taken within 4 hours of the offence.
– ‘Likely fatal’ depends on the expert opinion of medical staff.
S. 224 RTA – Immediate Licence Suspension:
PO may immediately suspend a driver’s license within 48 hours of charging the person with:
• Drive with the Mid Range PCA.
• Drive with the High Range PCA.
• Wilfully Alter Concentration of Alcohol.
• Refuse / Hinder Blood Sample.
• Refuse Breath Analysis.
• Any indictable (driving) offence involving GBH.
• Any indictable (driving) offence involving death.
CL. 6 / SCH. 3 RTA – Power to Conduct a Random Oral Fluid Test:
• Same as CL. 3 but testing for Prescribed Illicit Drugs instead
of alcohol.
• PO may direct person to remain in the area for the test to be completed.
– Police are to breath test all drivers that are to be the subject of the oral fluid test. If the drivers tests positive to alcohol, police are to continue with a breath analysis.
S. 117(1) RTA – Negligent Driving – “Neg Driving”
• The accused, • Drove a motor vehicle, • On a road or road related area, • Negligently (3 levels): o (A) occasioning Death. o (B) occasioning GBH. o (C) neither GBH or death (the most common charge).
– Do not give a ticket for negligent driving if you are able to give a ticket for a more specific offence. Example: A specific offence they did wrong which was negligent, like ignore a stop sign.
S. 117(2) RTA – Furious, Reckless Driving and Speed/Manner Dangerous:
• The accused, • Drove a motor vehicle, • On a road or road related area o furiously or, o recklessly or, o at a speed dangerous to the public or, o in a manner dangerous to the public.
– You must establish the element of danger to the public. If you cannot establish this then you cannot proceed with the offence.
– It requires a serious breach of the proper conduct of the
motor vehicle, so serious as to be in reality and not speculatively, potentially dangerous to others.
– Members of the public can be in the car, only if the passengers are non-willing participants.
S. 117(2) RTA – Speed Dangerous:
Speed dangerous does not have to be driving at a speed which is above the speed limit, it merely needs to be at a speed which displays danger to the public. It is necessary for the prosecution to determine that a member of the public was put in actual or potential danger at the time.
S. 117(2) RTA – Manner Dangerous:
- Not a ticket-able offence as it is more serious based on all the negligent driving elements occurring at the same time. Proceed by CAN
E.G. Speeding, not giving way, disobeying traffic control signs e.g.
Traffic lights, Stop Signs etc.
s. 117(3) RTA – Fact Sheet Considerations:
The following areas must be addressed in a fact sheet for
Negligent Driving:
• The nature, condition and use of the road.
• The amount of traffic at the time or expected to be.
• Any obstructions or hazards on the road.
S. 118 RTA – Menacing Driving – ‘Low Range’ road rage:
• The accused,
• Drove a motor vehicle,
• On a road or road related area,
• In a manner that would:
- (1) intentionally menace - INTENTIONAL
- (2) conduct likely to menace - POSSIBLE
• Another person
• Whether or not the person is:
- menaced by threat of personal injury
- menaced by threat of damage to property
- on a road
– Defence: if the accused could not reasonably avoid menacing
the other person.
– Double Jeopardy: accused cannot be charged under both (1) and (2) or s. 117 and s. 118.
– Obtain statement from victim, details of vehicle (rego, make,
model), establish the driver, form of demand on driver and
ask questions.
– No need to establish that the victim felt intimidated.
– Dependant on the intent of the accused.
– DO transport check to make sure vehicle hasn’t been stolen.
Definitions S. 4 RT Act 2013 - ‘Motor Vehicle’:
Definitions S. 4 RT Act 2013:
“motor vehicle”
Means a vehicle that is built to be propelled by a motor that forms part of the vehicle.
