RP01 Road Policing Flashcards
(39 cards)
What is our road safety strategy?
Road to Zero
Based on Vision Zero of achieving zero road deaths in New Zealand as every death is preventable.
Top four risk behaviours
RIDS
Restraints
Impairment
Distractions
Speed
Define ‘motor vehicle’ in relation to the LTA 1998
A vehicle drawn or propelled by mechanical power, and includes a trailer but does not include:
- vehicle on rails
- vehicle designed for amusement purposes and used exclusively within a place of recreation or entertainment
- pedestrian-controlled machine
- mobility device
Define ‘operate’ in relation to the LTA 1998
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.
Define ‘road’ in relation to the LTA 1998
Includes;
- a street
- a motorway
- a beach
- a place to which the public have access, whether as of right or not
- all bridges, ferries etc.
Define ‘vehicle’ in relation to the LTA 1998
A contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved, includes;
- a hovercraft
- skateboard
- in-line skates
- roller skates
Excludes
- pushchair
- shopping trolley
- wheelbarrow/hand-trolley
- push-lawn mower
- an article of furniture
- a push-wheelchair
- any rail vehicle
Outline the offence of driving while disqualified and associated penalties
(a) While disqualified from holding or obtaining a driver licence; or
(b) Contrary to a limited licence; or
(c) While their driver licence is suspended or revoked
Penalties
Offence #1/#2 - three months imprisonment/fine of $4,500 AND six months or more of disqualification from driving
Offence #3 - two years imprisonment/fine of $6,000 AND one year or more of disqualification from driving
What does disqualification mean?
A defendant must not drive, or have control of, any motor vehicle on any road for the term of the disqualification.
What is a limited licence?
Convicted people can apply for a ‘limited’ licence which gives them permission to drive purely for employment purposes.
Four classes of driving standards
What is the offence under s52(1) of the LTA 1998?
Contravening the instructions of an Officer
- A person commits an offence if they are a driver of a vehicle that is stopped and fails to remain stopped in accordance with s114(2A), LTA 1998
- Remove or obscure a notice affixed to the vehicle
- Drive a vehicle under notice of s115 or s96(1D) applies
- Fail or refuse to comply with any lawful requirement, direction, notice, request, or prohibition given to or imposed to them under this Act by an officer
What happens if inconsiderate/careless or dangerous/reckless driving results in injury and does this change if on private property?
These become aggravated offences and grant the Police the power of arrest for them.
These do not need to meet the definition of ‘road’ if injury or death is caused and hence can be on private land.
Difference between dangerous and reckless driving?
Reckless driving requires an element of intent (mens rea) that is absent in dangerous driving.
Difference between the bottom and top two classes of driving standard breaches?
Bottom two (i.e. inconsiderate and careless) have ‘vehicle’ in their element.
Top two (i.e. dangerous and reckless) have ‘motor vehicle’ in their element.
Three main boy racer offences
Engaging in unauthorised street or drag racing (s36A, LTA 1998)
1. Race/show unnecessary speed or acceleration
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 in contravention of s22A(1)
2. Pour substances on road
Without reasonable excuse / intentionally pours onto 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
3. Loss of traction
Without reasonable excuse / operates a vehicle on a road / in a manner that causes sustained loss of traction
What are some court findings about ‘Sustained loss of traction’?
- The intent and actions of the driver is an important factor and NOT how long any loss of traction was
- Vehicle does not need to be stationery
- Sustained refers to driver’s conduct rather than the scenario created by that conduct
Notes: For example, while the car is moving a sustained loss of traction for “only 2-3 seconds” would still constitute this offence if the driver intended to do this (shown by slippery stuff on the road).
Powers contained under Section 113, LTA 1998
General Roadway-Related Powers (DIMDFFD)
- Can only be used against an offence under Land Transport Act 1998*
- __________*
Direct a person on a road (whether or not they are in charge of a vehicle) to give: their full particulars, other details of identity, information to identify the driver or person in charge of a vehicle (unless the person is for the time being detained or under arrest under any enactment)
Inspect, test and examine the vehicle OR a Land Transport Act document (i.e. WOF or registration)
Move or authorise another person to move, any vehicle if the enforcement officer believes on reasonable grounds that it is causing obstruction (includes entering the vehicle to do so), or if in the interests of public safety
Direct the person or person in charge of a vehicle on a road to remove the vehicle from the road if believed (above) it is causing obstruction
Forbid an unlicenced driver to drive a motor vehicle
Forbid a person who is operating a transport service without a licence to operate that transport service
Direct as to control traffic such as turning vehicles around or pedestrians not to cross the street
Powers contained under Section 114, LTA 1998
__________
An enforcement officer in uniform or wearing a cap may request or signal a driver of a vehicle to stop as soon as practicable;
or
An enforcement officer (even in mufty), in a vehicle, may stop a vehicle by displaying flashing blue, or blue and red lights or sounding a siren.
__________
Demand the driver to state their full name, date of birth, occupation, and phone number
and
Whether they are the owner of the vehicle
and if not
The name and address of the owner of the vehicle which may lead to the identification of the owner
__________
You have the power of arrest without warrant under this section if any person
- fails to stop
- refuses to supply details
- supplies deatils that you have good cause to suspect are false or misleading
How long can you keep a driver stopped under Section 114, LTA 1998?
As long as is reasonably necessary to obtain particulars or exercise any power under this Act, otherwise;
If you stop the driver solely for the purpose of establishing their identity, you can delay them for up to 15 minutes.
What type of vehicles can be stopped under Section 114, LTA 1998?
This power applies to all vehicles including motor vehicles, cyclists, roller-bladers, roller-skaters, skateboarders etc.
For what offences can you use Section 114, LTA 1998?
Only if you are enforcing the Land Transport Act 1998 or other traffic-related Act or Regulations.
Note: It cannot be used as a general stopping power (i.e. driver looks suspicious).
Your driving and notice a car with all occupants not wearing a seatbelt - how do you stop them over and get their details to issue an infringement notice?
s114 allows us to stop a vehicle in breach of the LTA 1998 (not wearing a seatbelt). From here we can get the details of the driver and issue the notice.
s113 then allows us to direct the passengers (whether or not they are in charge of a vehicle) to give their full particulars and other details of identity as they have also commited an offence under the LTA 1998 (not wearing seatbelts).
You pull over a driver with good cause to suspect he has breached the LTA 1998 - upon pulling him over, you suspicions are incorrect and all his passengers are wearing seatbelts - can you demand their details?
As the passengers in the vehicle have not committed any offence against one of the Acts listed, there is no power to demand their details.
Powers contained under Section 115, LTA 1998
s115 - can you drive?
Banning Vehicles from the Road
___________
GREEN STICKER
If you believe on reasonable grounds that a vehicle fails to comply with regulations or rules you can give a notice in writing to the owner/driver that the vehicle may not be driven on a road until new evidence of WOF has been obtained.
Can also require that the owner obtain a new WOF and notify you once done.
PINK STICKER
If you believe on reasonable grounds that a vehicle on a road is not in a safe condition to be driven on a road - you can give notice in writing - to the owner - that the vehicle may not be driven on a road until it’s been inspected by an authorised agent, they’re given approval to operate on the road and new evidence of inspection is displayed on the vehicle.
