Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

ADPP > Topic 13 Traffic > Flashcards

Topic 13 Traffic Flashcards

(83 cards)

Start Studying
1
Q

What is the criteria for a major crash? (3)

A

Someone is killed or injured
Drivers fails to stop or exchange particulars
Allegedly under the influence of drugs/alcohol

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

With regards to a crash, what does the word ‘injured’ mean?

A

injured requires treatment at a hospital

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the main components/causes of crashes? (3)

A

Driver
Vehicle
Road/Environment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

When making a notebook entry for a MVC, what do you include? (12)

A

time
date
place
RE:
Time and location of crash
Type of crash (e.g. Injury, Alcohol, Heavy vehicle, etc)
Breath test, alcolizer number, test result
Details of all vehicles and drivers, staring with veh/driver 1
Write down type and location of damage and if vehicle towed
Triple question addressing driver, vehicle and road (covers all elements of offence)
Version from each driver
Site diagram

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are the police priorities upon attending a crash? (8)

A

(AAIBEEIA)
Attend, Assess, Advise
Attend to the welfare of the injured
Identify drivers and witnesses
Breath test drivers where possible
Establish preliminary point of impact
Ensure free flow of traffic
Investigate and record details
Adjudicate on who is at fault and deal with such under relevant legislation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What information is to be gained as a priority when receiving first information about a crash? (5)

A

Location of crash
Injuries/persons trapped
How many vehicles involved (and type)
Time of crash
Particulars of the caller

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

A major crash is a P___ crash. Police ____ investigate this type of crash.

A

P4
will investigate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

A minor crash is a P___ crash. Police ____ investigate this type of crash.

A

P5
may investigate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

True or false. Minor crashes can be self-reported by drivers to the Police Assistance Line (PAL)?

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is s287 - Road Rules (1)
Who are the types of people that the driver should give particulars to? (4)
What are the particulars given? (5)

A

The driver must stop at the scene, give particulars within 24 hours, at the scene of the crash—
- to police
- to other drivers,
- to injured persons,
- owners of damaged property
Particulars include:
- Name,
- Address,
- vehicle rego,
- vehicle information, and
- provide a version/explanation of the crash to the police.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the offence creating section for a PCA offence?

A

s110 - Prescribed concentration of alcohol

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is the offence creating section for a DUI offence?

A

s112 - Driving under the influence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is the offence creating section for presence of drugs (other than alcohol) in oral fluid, blood or urine?

A

s111

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the offence creating section for Presence of BOTH alcohol and drugs in oral, blood and urine?

A

s111A

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Where is a passive or standard breath test conducted?

A

roadside

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

After a positive reading from a passive breath test, has an offence been committed at this point? Yes or no.

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Where is a breath analysis conducted?

A

RBT bus or police station

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What are the two types of breath tests? Explain what they are (2)

A

Passive - no tube, indicates presence of alcohol, not the concentration, could be residual mouth alcohol, allow 15 minutes before standard test, if positive passive, perform standard test

Standard test - tube attached, more accurate, positive reading here leads to arrest for purpose of breath analysis

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What are the ranges of PCA offences? (5)

A

Novice Range PCA
0.001 - 0.019

Special Range PCA
0.020 - 0.049

Low Range PCA
0.050 - 0.079

Middle Range PCA
0.080 - 0.149

High Range PCA
0.150 or higher

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Who can police breath test? (3)

A

Police may carry out a breath test when they have reasonable cause to believe that the person;
- Is or was the driver of a motor vehicle on a road, or
- Is or was occupying the driver’s seat of a motor vehicle and attempting to put it in motion, or
- Is the holder of a driver’s license and is or was seated next to a learning license holder who is or was driving a motor vehicle, on a road or road-related area.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

When will we breath test? After what kind of situations or observations? (4)

A
  • Random Breath Testing (mobile or stationary)
  • Collisions
  • Manner of driving
  • Breach of road rules (traffic offence).
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

When should you conduct a standard breath test as opposed to a passive breath test?

A
  • windy conditions
  • multiple people in the car with a strong odor of alcohol
  • if you suspect the driver has been drinking
  • driver involved in a vehicle collision
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Is there an age limit to conduct a breath test?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What is the time limit for a breath test/analysis?

A

2 hours from the time of incident which brought the driver under notice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Questions to ask after arrest and caution in relation to a PCA offence for a MVC (7):
- What time was your first drink? - What time was your last drink? - How many drinks have you had? - What size were your drinks? - What type of drinks? - Where did you drink? - Did you eat anything while drinking? Summary: first, last, amount, size, type, where, eat?
26
Explain what is sch 3 cl 3 RTA? (4)
May conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device (passive test) Require a person to submit to a breath, if the officer has reasonable cause to believe that— - the person is or was driving a motor vehicle on a road, or - the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the motor vehicle in motion, or - the person (being the holder of an applicable driver license) is or was occupying the seat in a motor vehicle next to a learner driver while the driver is or was driving the vehicle on a road.
27
Name the schedule/clause/act for - Power to conduct random breath testing
sch 3 cl 3 - Road Transport Act
28
Explain what is sch 3 cl 4 RTA? (3)
Arrest following failed breath test. Provides police with the power to arrest for purpose of breath analysis: - A driver of a motor vehicle who has indicated a positive result from a roadside breath test. - This also applies to the driver of a motor vehicle who refuses to undergo a breath test or who fails to supply a sufficient sample of their breath. - Police can detain and take the person to a police station for purposes of submitting to an analysis.
29
Name the schedule/clause/act for - Arrest following failed breath test
sch 3 cl 4 - Road Transport Act
30
Explain what is sch 3 cl 5 RTA? (3)
Breath analysis following arrest. Police may require a person who is arrested under cl 4 to submit to a breath analysis After the analysis, the officer provides a written statement to the person specifying: - The concentration determined by the machine in 210 liters of breath or 100 milliliters of blood, and - The day and time the analysis was completed
31
Name the schedule/clause/act for - Breath analysis following arrest
sch 3 cl 5 - Road Transport Act
32
Explain what is sch 3 cl 11 RTA - Blood samples to be taken in hospitals from certain accident hospital patients ? (1) And who are the types of hospital patients? (5)
Blood samples to be taken in hospitals from crash patients: - Driver, - Person occupying driver seat and attempting to put into motion - Person seated next to learner driver - Rider of a horse - Pedestrian - Tests for alcohol only, unless reasonable grounds and report is made to include drug testing - No time limit for taking of blood sample, however take soon as possible, advises within 12 hours - Medical staff who take the sample of blood of a MVC must complete a certificate. - Note: driver/rider must be at least 15 years old
33
Name the schedule/clause/act for - Blood samples to be taken in hospitals from certain accident hospital patients
sch 3 cl 11 - Road Transport Act
34
Name the schedule/clause/act for - Sobriety assessment
Sch 3 cl 13 - Road Transport Act
35
Explain what is sch 3 cl 13 RTA (3). What must police do before undertaking a sobriety assessment? (2)
Can conduct the assessment when a police officer has a reasonable belief that the person may be under the influence of a drug— By the way in which the person - Is or was driving a vehicle on a road, or - Is or was occupying the driving seat of a motor vehicle and attempting to put in motion - or by the behaviour in which the person conducted themselves at the time or after the relevant event - person must have been sumbitted to a standard breath test before police can undertake sobriety assessment - when they breturn a negative result
36
Name the schedule/clause/act for - Arrest following failure to submit to (or pass) sobriety assessment
Sch 3 cl 14 - Road Transport Act
37
What is s115 RTA?
Races, attempts on speed records and other speed trials
38
What is s116 (1) RTA?
Conduct associated with road and drag racing and other activities (burnouts)
39
What is s116 (2) RTA?
Aggravated offence (burnouts)
40
What is s117 RTA (overall)?
Negligent, furious or reckless driving
41
What is s117 (1a) RTA?
Negligent driving
42
What is s117 (1b) RTA?
Negligent driving occasioning GBH
43
What is s117 (2) RTA?
Speed and Manner Dangerous driving offences
44
What is s118 (1) RTA?
Menacing driving (intent to menace)
45
What is s118 (2) RTA?
Menacing driving (possibility of menace)
46
Explain speed dangerous (s117 (2)): (2) general points (1) what must be proved
- Driving at such a speed that it would constitute a danger to other road users - Not necessary for a vehicle to be exceeding the speed limit - What must be proved is that the speed was dangerous to the public
47
Explain manner Dangerous (s117 (2)): (2) general points
- The vehicle is driven in such a manner that constitutes a danger to the public - It is usually a driver with a complete disregard for road rules, committing so many traffic offences simultaneously, that it becomes dangerous.
48
Elements of 117 - Negligent driving (4)
A person must not: - Drive a motor vehicle - Upon a road or road related area - NEGLIGENTLY, or - At a SPEED or in a MANNER DANGEROUS TO THE PUBLIC
49
DEFINITION OF NEGLIGENCE (2)
- Doing something that a reasonable and prudent person would not do (an act) OR - Not doing something that a reasonable or prudent person would do (an omission)
50
For - Menacing Driving (s118) RTA - What are the two things you need to prove? (2)
- intent of the driver to menace (intimidate/scare/cause fear or concern) others. - they should have known they were going to menace someone by what they were doing.
51
Name section/number/act for - Predatory driving
s51A Crimes Act
52
Name section/number/act for - Dangerous driving occasioning death Include subsection
s52A (1) Crimes Act
53
Name section/number/act for - Aggravated dangerous driving occasioning death Include subsection
s52A (2) Crimes Act
54
Name section/number/act for - Dangerous driving occasioning grievous bodily harm Include subsection
s52A (3) Crimes Act
55
Name section/number/act for - Aggravated dangerous driving occasioning grievous bodily harm Include subsection
s52A (4) Crimes Act
56
What is Predatory Driving - s51A Crimes Act? (2)
Predatory driving offence is a step up from Menacing Driving. - Manner of driving (DUI alcohol and/or drug, speed or manner dangerous), causes an impact that results in another person being seriously injured and/or killed, and - The driver intended to cause harm to that other person
57
Elements of Predatory Driving? (6)
- Driver - Vehicle - Pursuit or travelling near another vehicle - Conduct (cause or threatens impact) - Intent - Causing ABH
58
Elements of s52A (1) Occasioning Death?
- Driver (including a b or c) - A. under influence - B. Speed dangerous - C. Manner dangerous - Vehicle - Impact - Death
59
What are the circumstances of Aggravation for s52A? (4)
High range PCA (0.150 or higher) 45kph over the posted speed limit Driver trying to escape a police pursuit Very substantially impaired by alcohol and/or drugs
60
Define road (RTA) (1)
means an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles.
61
Define road related area (RTA) (5)
- Footpath or nature strip adjacent to a road, or - (An area) Open to the public and is designated for use by cyclists or animals, or - (An area that is not a road) Open to or used by the public for driving, riding or parking vehicles, or - (An area) Divides a road, or - Shoulder of a road
62
Define driver (RTA)
means any person driving a vehicle, and includes any person riding a vehicle.
63
Define motor vehicle (RTA)
means a vehicle that is built to be propelled by a motor that forms part of the vehicle.
64
Name section/number/act for - Direction to stop vehicle or combination: to enable exercise of powers
s169A - RTA
65
Explain the power of s169A - RTA (2)
- stop the driver of a light vehicle on any road, public place or road related area, to exercise any powers under the RTA - Stop the driver for traffic purposes
66
Name section/number/act for - Requirement for driver or rider to produce Australian driver's license and state name and address
s175 - RTA
67
Explain the power of s175 - RTA (3)
Require the driver to: - Produce relevant Australian driver license (Can produce digital, must accept it) - State their name - State their home address
68
Name section/number/act for - Requirement for passenger to produce Australian driver license and state name and address
s176 - RTA
69
Explain the power of s177 - RTA (1)
power that allows us to speak to the owner of the vehicle in question and have them provide the details as known to them of the driver at the time of traffic offence. Known as ‘form of demand’.
70
Name section/number/act for - Requirement for responsible person to disclose driver identity
s177 - RTA
71
Name section/number/act for - Defective registrable vehicles
s76 - RTA
72
On discovering a defective vehicle, police may: (3)
- Issue a warning or defect notice - Impose conditions on use of vehicle - Prohibit use of vehicle
73
For purposes of a vehicle inspection under s76 RTA, police may: (3)
- enter in or on the vehicle on a road or - enter premises ordinally used for sale of registrable vehicles, or - enter other premises if vehicle is believed to be for sale in damaged condition as a result from accident
74
Explain s76 - RTA (1)
May inspect a registrable vehicle for its identity, condition or status of registration or permits
75
What are the elements for any traffic offence? (4)
Driver/Rider Motor Vehicle Road or Road-Related Area Elements Specific To The Offence
76
What is strict liability?
Police are only required to prove actus reus or the committing of the offence.
77
How many tickets can you issue at once, for traffic and parking? (2)
traffic - The maximum number of traffic infringement notices that you may issue to a driver/rider at one time is four. Unreg/uninsured is one, Non produce license doesn't count. parking - The maximum amount of parking infringement notices you can issue at one time is one.
78
What does SEINS stand for, and what does it mean? (1+5)
- It is in the interest of the public that minor matters, such as traffic are kept away from the Court where possible. Introduced to free up the court system. If a fine is paid, it essentially represents an admission of guilt. Self Enforcing Infringement Notice Scheme
79
When filling out an infringement notice, start the description of offence (4th element) with... (2)
Speed, and direction of travel
80
Four types of defect notices (4)
Formal warning Minor Major - yellow label Major grounded - red label
81
You cannot issue an FPN in what circumstances? (8)
- Fatal collisions - The offence is not included in the Fixed Penalty Handbook - It is an injury collision or involves a negative blood test and you cannot complete inquiries within three calendar months - Other cases when you cannot complete inquiries within one calendar month (28 days) - Children under 16 are involved (deal with them under the YOA instead) - The actions of a driver/rider (non-collision) are brought to your notice - The driver of an ambulance or fire vehicle on urgent duty commits an offence - The offender is a police officer on duty.
82
What options does an offender have to dispose of an FPN? (4)
Paying the fine. Requesting a review Taking the matter to Court. Nominate another driver
83
What is the triple question to ask a driver involved in a MVC? (3)
> Q1. Are you ...(Name of registered owner / responsible person)... ? >> Q2. Are you the registered owner / responsible person of a motor vehicle ...(Description of vehicle)... Registration Number ...(Number)...? >>> Q3. It is alleged that at or about ...(time)... on ...(day)... the ...(date)... the driver of a ...(description of vehicle)... registration number ...(number)... committed an offence under the Road Transport Legislation, in that ...(describe offence)... I now require you to supply me the name and home address of the driver.

ADPP (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions