TRAFFIC Flashcards
(85 cards)
1
Q
Trauma:
A
Trauma is a term that covers both physical and psychological harm.
2
Q
Road Trauma includes:
A
- Number of crashes
- Number of injuries
- Number of deaths
- Cost to the community
- Social and economic factors
3
Q
Key stakeholders in road safety:
A
- RMS
- Police
- Stay safe committee
- NRMA
- Motor accidents authority
- Local councils
- NSW health
- Pedestrian council
4
Q
The roles of police (PPDRB):
A
- Promote voluntary compliance with traffic laws.
- Promote free movement of traffic.
- Detect and prosecute traffic offenders.
- Reduce crashes.
- Be role models for the community.
5
Q
Most at risk of being injured/killed in a crash:
A
(YIMM) • Young and old pedestrians. • Inexperienced drivers. • Males. • Motorcycle riders and pillion passengers.
6
Q
5 E’s for Reducing Road Trauma:
A
- Education
- Engineering
- Encouragement
- Enforcement
- Evaluation
7
Q
Common impairments associated with crashes:
A
(FADDS) • Fatigue. • Alcohol. • Drugs. • Distractions such as mobile telephones. • Stress, mood and depression.
8
Q
4 Elements of traffic offence:
A
- Driver/Rider
- Motor vehicle
- Road / Related
- Offence
9
Q
Definitions S. 4 RT Act 2013
“motor vehicle”
A
Means a vehicle that is built to be propelled by a motor that
forms part of the vehicle.
10
Q
Definitions S. 4 RT Act 2013
“Driver”
A
“Driver”
Must be in control of the steering, movement or propulsion of the vehicle.
11
Q
Definitions S. 4 RT Act 2013
“road”
A
“road” means an area that is open to or used by the public developed for the driving or riding of motor vehicles.
12
Q
Definitions S. 4 RT Act 2013
“road related area”
A
“road related area”
(a) an area that divides a road, or
(b) a footpath or nature strip adjacent to a road, or
(c) an area that is open to the public designated for cyclists or animals, or
(d) an area that is not a road and open to or used by the public for driving, riding or parking vehicles, or
(e) a shoulder of a road, or
(f) any other area that is open to or used by the public and that has been declared under section 18 to be an area to which specified provisions of this Act or the statutory rules apply.
13
Q
Penalty notice book pages:
A
(ABC)
A - Away – State debt recovery office.
B - Book.
C - Crook – to the offender.
14
Q
S. 36A LEPRA –
A
Power to stop vehicles:
PO may stop a vehicle on reasonable suspicion the vehicle
contains a driver/passenger who may be lawfully arrested, detained or searched. Vehicle may also be searched per s. 36
LEPRA
15
Q
S. 142(1) RTA 2013 –
A
Removal of dangers and obstructions to traffic:
PO may remove a vehicle, thing or container and take such other steps as necessary to protect the public and facilitate the free flow of traffic if a danger or obstruction to traffic is caused by:
• A vehicle that has been involved in an accident or has broken down, or
• Anything that has fallen, escaped or been removed from a vehicle, or
• Any container used for transporting materials or refuse
(including a building skip).
16
Q
S. 169A RTA 2013 -
A
Direction to stop light vehicle
or light combination: to enable exercise of other powers.
A PO if exercising other powers may direct a driver of a light
vehicle or light combination to
• Stop
• Not move the vehicle or
• Interfere with any equipment on it or interfere with its load
17
Q
S. 175 RTA 2013 -
A
Driver/rider to produce driver’s licence and state name/address.
PO may require the driver/rider of a vehicle or horse to do the
following:
• Produce driver’s licence.
• State full name and home address.
Person must not refuse to comply or state false information
Passenger of L plate vehicle must also produce above details
18
Q
S. 177 RTA –
A
Responsible person for vehicle to disclose driver identity.
If driver of a motor vehicle has committed an offence the
responsible person for vehicle must:
• Immediately give information as to the name and address of
the driver, and
• Give any information that in their power to lead to the identity of the driver.
19
Q
S.E.I.N.S:
A
- Self
- Enforcing
- Infringement
- Notice
- Scheme
Is designed to provide the driver with the options of paying the penalty notice, or electing to have the matter heard in court.
20
Q
Traffic infringement notices (TIN’s):
A
Issued for traffic related offences:
• Maximum of 4 TINs at any one time.
• Different time frames for service. For example:
1 month when offence has been verified;
3 months when offence cannot be verified or a blood sample has been taken.
21
Q
FPN (Fixed Penalty Notice):
A
Used as a fact sheet written in third person covering all the elements of the offence in summary format for the courts.
Maximum of 4 given in one instance (exception if vehicle unregistered/uninsured or unlicensed).
22
Q
Disposal of a FPN (NPR):
A
• Nominating another driver.
• Paying the fine/Taking the matter to Court (SEINS).
• Requesting review.
– If nominating another driver, a statutory Declaration needs to be completed (with sufficient detail).
23
Q
When writing a FPN description:
A
- Direction/Speed.
- Describe what happened (How it happened).
- Conditions.
- Draw a vehicle diagram with occupants.
24
Q
Circumstances Police Are Unable To Issue Fixed Penalty Notices. (I COW FAPA)
Can not issue a FPN but rather a FSCAN:
Superintendent or above may direct an infringement be issued to a police officer on duty if the offence does not involve serious injury or death.
A
• Injury collision or involves a negative blood test and you
cannot complete inquiries within three calendar months.
• Children under 16 are involved.
• Offence is not included in the FPN Handbook.
• When you cannot complete inquiries within one calendar month.
• Fatal collision.
• Actions of a driver/rider (non collision) are brought to your notice.
• Police officer on duty.
• Ambulance or fire vehicle on urgent duty commits an offence.
25
Diplomatic status:
Police can issue Fixed Penalty Notice to a driver with diplomatic status but should proceed with discretion and not arrest anyone with Diplomatic status, if there is a need to do so contact VKG or supervisor for advice.
Vehicle number plates starting with 'DX', 'DC' or 'CC' indicate diplomatic status.
26
Overseas licenses and Australia:
For a overseas licence to be accepted it must be current and in English or accompanied by an English translation which is certified by the embassy as being genuine.
27
Defect notices: 5 copies:
* BLUE goes to the driver to give to RMS for clearance.
* YELLOW goes to the driver for their records.
* PINK goes to the police to forward to RMS.
* GREEN goes to the Police for their records.
* WHITE copy stays in the book.
28
Levels of Defects:
Formal warning – no label or FPN.
Minor defect notice – no label and possibility of FPN (max 4).
Major defect notice – Yellow label and FPN.
Major grounded defect notice - Red label and vehicle cannot be moved, it must be towed or fixed on the spot of defect.
Can not issue defect notice to unregistered vehicle.
29
Minor defects:
Means a defect not sufficiently serious to constitute an immediate danger to driving until the repairs have been effected:
* Inefficient silencer.
* Ineffective wipers.
* Defective horn.
* Defective lights.
* Tyres with minor defects.
* Ineffective emergency break (handbrake).
* Missing or broken mirrors
Use discretion and allow a reasonable period of time in which to affect repairs. No less than 24 hours and max 21 days.
30
Major defects:
Means a defect so dangerous as to require the vehicle to be put out of commission until the necessary repairs have been affected.
Except that the vehicle may be driven by the shortest route to a
place of repair.
```
A yellow defect label is issued:
• Ineffective service brakes.
• Defective steering gear.
• Smooth tyres.
• Glaring headlights at night.
```
Up to 24 hours for repairs.
31
Major Grounded defects:
Means a defect so serious that continued travel would create a dangerous situation. After giving this direction the vehicle must not be driven.
A red defect label is issued:
Vehicles must be towed or fixed at the location of the defect issuing (cannot be driven away). A dangerously defective vehicle should be referred only to a Motor Registry for inspections.
* Steering, if jammed, disconnected or broken.
* Suspension, if any component, spring, axle or locating rod is broken or missing.
* Brakes, if the service brakes do not work, are broken or leaks hydraulic fluid.
* Tyres, if a tyre has exposed cords or belts, bulges or evidence of case failure.
* Wheels, where two or more studs or nuts are missing or broken or the wheel or rim is fractured.
* Chassis, if a rail or structural member is cracked or separated through its cross section.
32
Heavy vehicle crashes:
Any heavy vehicle over 4.5 tonnes that is involved in a collision and has to be towed away issued with a defective vehicle notice, endorsed accident damage and will require that it be cleared by a motor vehicle inspector.
• Affix a red defect label
33
Elements of a parking offence:
* Motor vehicle.
* Road related area.
* Elements specific to the offence.
34
‘Major’ Crash Classification:
* Person killed or injured.
* Drivers leave the scene without supplying particulars (s. 287 RR).
* Drivers under the influence of alcohol or other drug.
35
Priorities – Attending a Crash Scene:
```
(AID BITCH)
A – Attend, assess and advise.
I – Injured to be tended to.
D – Driver and witness identities.
B – Breath test drivers where possible.
I – Impact preliminary point of.
T – Traffic ensure the free flow.
C – Crash investigation.
H – How and who is at fault.
```
36
3 Components in Every Crash:
1. The driver/s.
2. The vehicle/s.
3. The road environment and conditions.
37
S. 287 RR – Duties of a Driver Involved in a Crash:
A driver involved in a motor vehicle collision must stop and provide the following details:
* Driver's name and address.
* Vehicle owner's name and address.
* Vehicle registration.
* Any other information necessary to identify the vehicle.
* An explanation of the circumstances surrounding the crash.
```
(PO ONLY!) Details must be supplied to the following parties:
• Any driver involved.
• Any person injured.
• The owner of any property damaged.
• Any PO attending the scene.
```
38
Tow Truck Driver Required to Produce:
```
(DACS)
D – Drivers licence for that class of truck.
A – Towing Authority book.
C – Tow truck drivers Certificate.
S – Towing Schedule.
```
39
Arranging a Tow Truck:
Tows are usually arranged for by the vehicle owner.
PO may organise tows when:
* The owner/driver is unable to organise the tow eg. injured (owner still required to pay).
* When the vehicle is required for the purpose of examination/exhibit
* PO must NOT recommend a tow company. Can only organise the next rostered truck.
40
S. 107 RTA – Licence Definitions: 'Applicable Driver Licence'
```
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.
```
41
S. 107 RTA – Licence Definitions: 'Applicable Interlock Driver Licence'
A drivers licence with an interlock required.
42
S. 107 RTA – Licence Definitions: 'Applicable Learner Licence'.
L Speed Limit = 90 km/h.
Learner licence or receipt for such or foreign equivalent.
43
S. 107 RTA – Licence Definitions: 'Applicable Provisional Licence'.
P1 Speed Limit = 90 km/h.
P1 or P2 or applicable foreign jurisdiction.
P2 Speed Limit = 100 km/h.
44
S. 107 RTA – Licence Definitions: '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.
45
S. 107 RTA – Licence Definitions: 'Learner Driver'.
Holds a learner licence for that class of vehicle and is learning to drive that vehicle.
46
S. 107 RTA – Licence Definitions: 'Novice Driver.'
Holds an applicable learner, applicable provisional or an applicable interlock driver licence.
47
S. 107 RTA – Licence Definitions: 'Special Category Driver.'
Coach, GVM exceeding 13.9 tonnes, public passenger vehicle, carries dangerous goods.
48
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!
49
S. 109 RTA –
Alcohol Concentration Representations:
* Grams per 210L of breath equivalent to:
* Grams per 100mL of blood
50
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.
51
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.
52
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.
53
S. 189 LEPRA – Prevent Person from Driving if Under Influence from Alcohol or Drugs:
```
• If PO believes a person is:
o Driving a motor vehicle or,
o About to drive a motor vehicle
– AND –
o Under the influence of alcohol or any other drug or combination.
• The PO may then:
o Prohibit the person from driving the vehicle.
o Take keys or ignition devices.
```
o Give keys or ignition devices to a capable responsible person.
o Take steps to immobilise the vehicle.
o Take steps to detain the vehicle to a place of safety
(tow yard).
– The person is entitled to undergo a breath test if they
request it. No action can be taken unless the PO suspects the person will leave before having the breath test.
– The period for confiscation of vehicle can only be as long as is reasonably necessary in the interest of the person's safety and public safety.
54
Reasons to skip the Passive Test:
When:
• The driver admits to consuming alcohol.
• Other people in the vehicle who have consumed alcohol.
• The vehicle smells of alcohol.
• It is too windy.
• At the scene of a crash.
• You suspect the driver has consumed alcohol.
55
Questions – Arrest for PCA:
After a person has been arrested for PCA the following questions need to be asked:
* What time was your first drink?
* What time was your last drink?
* Where did you consume these drinks?
* How many drinks did you have?
* What size of drink?
* What type of drink?
* Did you eat anything while drinking?
56
Observations – Arrest for PCA:
After a person has been arrested for PCA the following
observations needs to be made:
* Actions - movements and balance.
* Skin - sweating, etc.
* Speech - slurred, slow, fast etc.
* Breath and breathing – smell of intoxicating liquor on breath.
* Face - sallow pallor, flushed etc.
* Eyes - blood shot, watery etc.
* Attitude - talkative, indifferent, etc.
* Clothing - dishevelled etc.
57
Sobriety Descriptions:
* Not affected
* Slightly affected
* Moderately affected
* Well affected
* Seriously affected
58
CL. 3 / SCH. 3 RTA – Power to Conduct a Random Breath Test – “RBT”:
(1) PO may require a person to submit to breath test if the person is or was:
• Driving a motor vehicle on a road.
• Occupying the drivers seat on a road and attempt to put the
vehicle in motion.
• Occupying the supervising seat of the learner driver on a
road.
(2) Before a breath test, PO may request a person to talk into the Alcolizer (passive test).
(3) PO may request or signal the driver to STOP the vehicle.
(4) It is an offence not to comply.
59
Blood Alcohol Kit - “B Kits”
| A test used when a driver:
• Provides a positive result on the BAS. The driver then chooses the services of a doctor to take a VOLUNTARY blood sample.
- This blood sample will not be tested unless the driver pays
for it to be tested.
• A driver is 'physically unable to provide' a BAS. Police decide
whether unable to supply.
- Driver arrested and taken to the hospital for the purpose of a blood sample.
- Police tick appropriate “physically unable to supply” section on the certificate. After testing, results are mailed to the OIC.
60
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.
61
3 Reasons for NOT Undertaking Breath Analysis:
When the driver is: (CRU)
1. Conveyed to hospital due to their injuries.
2. Requesting to go straight to the hospital.
3. Unable to provide the sample.
62
CL. 5A / SCH. 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.
63
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.
64
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.
65
Observations for the Sobriety Assessment (ASS FACE)
| DUI observations include but are not limited to:
* Actions - movements and balance
* Skin - needle marks, sweating, etc.
* Speech – slurred, slow, fast etc.
* Face - sallow pallor, flushed etc.
* Attitude - talkative, indifferent, etc.
* Clothing - dishevelled etc.
* Eyes - blood shot, watery etc.
66
CL. 14 / SCH. 3 RTA – Arrest Following a Failed / Refused Sobriety Assessment:
• PO may arrest a 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.
67
CL. 15 / SCH. 3 RTA – Taking Samples Following Arrest - “failed sobriety test”.
• This clause compels medical practitioners to take samples
from those arrested under 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.
68
Appropriate Action Taken for Positive Sample:
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.
69
Drug Kit - “D Kits”:
Used for a DUI drug or Mandatory Blood and Urine where persons are involved in a Fatal or Likely to be Fatal collision.
70
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.
71
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.
72
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
73
Drugs detected by Random Oral Fluid Test:
* Cannabis, THC.
* Speed, Ice.
* Ecstasy, MDMA.
74
Negligence definition:
Doing something that a prudent and reasonable person wouldn’t do (act) or
NOT doing something that a prudent and reasonable person should do (omission).
75
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.
76
S. 117(2) RTA – Furious, Reckless Driving & 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.
77
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.
78
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.
79
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.
80
Menacing Definition:
A driver who drives in a fashion that is threatening, intimidating or harassing.
E.G. Tailgating extremely close to the vehicle in front, travelling behind another vehicle and flashing headlights and sounding the horn, speeding in front of another vehicle and then braking harshly.
81
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:
o (1) intentionally menace - INTENTIONAL.
o (2) conduct likely to menace - POSSIBLE.
• Another person.
• Whether or not the person is:
o menaced by threat of personal injury.
o menaced by threat of damage to property.
o 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.
82
S. 52A(9) CA – Vehicle:
• Any:
o motor car/carriage/cycle.
o vehicle propelled wholly or partly by any other means besides human/animal power.
o horse-drawn vehicle.
• Whether or not it is adapted for road use.
• Excludes vehicles used on a railway/tramway.
83
S. 51A CA – Predatory Driving – 'High Range' road rage
• The accused.
• Drove a vehicle (s. 52A(9) CA definition).
o in pursuit of another vehicle or,
o travelling near another vehicle.
• And engaged in conduct which caused or threatened to cause an impact:
o with any other vehicle/person/object or,
o by overturning or leaving a road
• With the intention of causing another person ABH.
– Usually some form of relationship between the victim and the offender.
– No need to have actual bodily harm, intent is sufficient.
– The prosecution must prove the offender's vehicle caused the impact.
84
S. 52A CA – Dangerous Driving Occasioning GBH or Death:
• The accused.
• Drove a vehicle (s. 52A(9) CA definition):
o under the influence of alcohol or drugs or,
o at a speed dangerous to person/s or,
o in a manner dangerous to person/s.
• Occasioning death or GBH of a person.
• Conveyed in or on any vehicle (including passengers).
• Through an impact involving:
o overturning or leaving a road or,
o any object/person/vehicle or,
o any object/vehicle in, on or near the person at the time of impact or,
o anything on/attached to the vehicle, or
o anything in motion through falling from the vehicle or,
o the person falling, being thrown or ejected from the vehicle or,
o any object as a result of the person (or any part) protruding from the vehicle.
• (7) circumstances of aggravation.
– This offence is not restricted to driving on the road.
85
S. 52A(7) CA – Circumstances of Aggravation – Dangerous Driving.
(SHIC)
S – Speed 45km/h or greater above speed limit.
H – High range PCA.
I – Impaired (very substantially) by a drug or combination of drugs.
C – Chase with police (pursuit).
