Traffic Law Powers Flashcards
s113 LTA 1998
Direct a person to give full details whether or not in charge of vehicle, or details to identify the driver.
Move a vehicle or authorise another to move it.
Direct someone to remove their vehicle if an obstruction.
Forbid unlicensed driver to drive
Forbid unlicensed transport service from driving
Direct a person to stop and redirect them
s114 LTA 1998
Gives power to stop vehicles and demand details from the DRIVER; if they own the car or not, and if not, the ID of the owner
Under s114, how long can you stop a driver for?
15 minutes to gather details, otherwise as long as reasonably necessary
What’s your arrest power if someone refuses to stop or give details under s114
When can you use s114?
To stop people to enforce LTA 1998 or related traffic regulations, it’s not a general stopping power.
s115 LTA 1998
Banning vehicles from the road with a green (POL650) or pink (POL 555) sticker.
What is a green sticker for?
Have RGTB vehicle fails to comply with regulations (tinted windows etc)
What is a pink sticker for?
POL555. RGTB vehicle is not in SAFE condition to be driven until evidence given of inspection e.g. structural rust
s116 LTA 1998?
Arrest power for failing to comply with s113 or s115
s118 LTA 1998
118 got your plate. Can require owners/hirers of a vehicle to give ID/info within 14 days if they’re alleged to have committed an offence against ANY act while in charge of the vehicle, or the passenger
How long does the owner/hirer of a vehicle have to supply driver info under s118?
s119 LTA 1998?
Power to enter premises and seize vehicles after fresh pursuit.
Need RGTS they’ve failed to stop for police, committed a driving offence, or EBA/drug driving AND you’re freshly pursuing them.
Then can enter and do EBA procedures
What power does s119 give you? Obligations?
Can enter any premises the person you’re pursuing has entered, by force if necessary to do EBA procedures.
Can also enter to seize and impound a vehicle. Must be fresh pursuit, and belief vehicle will be CADD, or RGTS the vehicle was about to be used in a crime.
Subject to s131 SASA 2012 so just give RAIN rights.
Does s119 allow for arrest?
No, just entry to do EBA, or seize/impound vehicle
s121 LTA 1998
Forbid person to drive for specific time
All keys surrendered
Render vehicle immobile
Move vehicle causing obstruction
EBA offenders forbidden to drive for 12 hours
Direct person to rest if they’ve exceeded driving hours