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Flashcards in Traffic Law Powers Deck (20):
1

Land Transport Act 1998
Section 114

Power to STOP any VEHICLE on a ROAD for the purpose of enforcing the LTA, (1998), or other related:

Enforcement officer who stops a vehicle must:

[Be in UNIFORM, Wearing HEAD DRESS, with badge of AUTHORITY]
+
[DRIVER, must STOP as soon as reasonably practical]
+
[NON-UNIFORM, or VEHICLE, may STOP vehicle through use of FLASHING coloured LIGHTS, or SIREN, or BOTH]
+
[may DEMAND DRIVER ONLY, to state details]
(name, address, DOB, occupation, Telephone #)
+
[State whether they are owner of car]
(if not, then name, address, or other particulars to allow identification of owner)

2

Section 114 length of stopping

Driver must remain stopped for as long as resonably necessary to obtain particulars, or exercise any other powers of the LTA,1998

If stopped for identity confirmation only, then the driver must not be stopped for more than 15mins.

3

Section 114 power of arrest

An officer may arrest without warrant:

[Any Driver]
+
[Who
FAILS to STOP
REFUSES to supply DETAILS
supplies FALSE DETAILS]

4

Section 113 LTA, 98
DIMDFFDpt

DIMDFFDpt

[In uniform, or with identification]
+
[Enforce the LTA and other road and driving related acts]
+
[In the course of enforcment, an officer may apply DIMDFFDpt to any situation, where an offence has occured]
D - Details: Direct a person, on a road, to give their Full Particulars
I - Inspect, or test any vehicle to ensure roadworthy state
M - Move, or authorise movement of any vehicle that disrupts, obstructs, or causes safety concern on a road
D - Direct the driver, or other person in charge to remove vehicle from road
F - Forbid an unlicensed driver
F - Forbid an unlicensed transport operator
Dpt - Direct people and traffic on any roadway

5

Difference between s113 and s114

s113 - can be used only when an offence has occurred against LTA or other related acts. DIMDFFDpt can then occur, or be used on any person regardless of whether they are in a vehicle, or they are a passenger or driver.

s114 - DRIVER related details: It allows for stopping of any vehicle to enforce actions, or powers relating to LTA or other related acts.
for s114 you may only obtain particulars of the DRIVER.

6

Section 115

Banning A vehicle from roads.
POL555 PINK and POL650 GREEN sticker.

[Any Officer]
+
[who has RG2B that a vehicle FAILS to COMPLY with regulations, or rules]
(WOF, cut springs, exhaust, sustained loss of traction, etc)
+
[POL650 - GREEN STICKER]
+
[Banned from road until evidence of new vehicle inspection has been obtained]

[has RG2B that vehicle is unsafe for operation on a road]
+
[POL555 - PINK STICKER]
+
[Banned from road until vehicle has evidence of inspection by authorised non-repair agent]

7

Section 116 - Arrest without Warrant

You may arrest without warrant any one who fails to comply with stipulations of 115 banning from road.

8

Section 121
FARMED

FARMED
When an enforcment officer:

[has RG2B]
+
[Person in charge of a motor vehicle is incapable in some form]
(incapable, unable to prove competency, fails, or refuses to be assessed, or not complying with driving hours)
+
[FARMED the driver and vehicle]
F - Forbid person to drive for a specified time
A - All keys surrendered
R - Render immobile, immobilise if knowledge to do so
M - Move from road, or authorise, to avoid disruption, obstruction, safety concerns
E - Excess Breath Alcohol - Forbid for 12hrs
D - Direct person to drive without detour to a specific place to rest if driving hours exceeded

*May arrest without warrant, any attempt to avoid the stipulations of FARMED s121*

9

Section 118
Information following offence

Officer may require any vehicle owner, or hirer,

To give information within 14days that is requested to assist in apprehension of a vehicle driver, or passenger, who has on RG2B committed any offence against any act.

To give information IMMEDIATELY if a vehicle has been used to flee police pursuit,

*not required to supply information if they are arrested or detained relating to the offence.*

10

Suspending Licence
Section 95

Officer who has RG2B that any of below situations apply may IMMEDIATELY suspend for 28days

- EBA +650mcg
- E Blood A +130mgm
- EBA - +400mcg and 2 relevant in 4 yrs
- E Blood A +80mgm and 2 relevant in 4yrs
- Fails, or Refuses Blood A test, by request of enforcement, Medical, Hospital
- Excess Speed 40Kmph in Permanent Zone
- Excess Speed 50Kmph in Temporary Zone

11

Section 95
Relevant 2 in 4 category offences.

Relevant to the 2 in 4 category:
- EBA over 400mcg
- EBloodA over 80mgm
- Driving while impared with qualifying drug blood content
- Incapable of control of MV, while under drug or ETCO, or both
- Fails, or Refuses to give blood
- Causes death, or injury while EBA
- Causes death, or injury while incapable

12

Accumulation of 100 demerits

s90

Within 2 year period, accumulation of 100 demerits will result in written notice of suspension for 3 months.

13

Seize and Impound
Section 96

Any officer must, if practical, seize and impound for 28 days, or authorise someone to do so.

If RG2B that a person drove on a road while subject to any of the below situations
- Disqualified from holding or obtaining licence
- Suspended or revoked licence
- Not holding a licence AND previously FORBID
- Found with EBA of +400mcg and 2 in 4yrs
- Failed, or refused blood test and 2 in 4yrs

14

Section 96
Relevant 2 in 4 category offences

Relevant to the 2 in 4 category:
- EBA over 400mcg
- EBloodA over 80mgm
- EBA by under 20 person
- Driving while impared with qualifying drug blood content
- Incapable of control of MV, while under drug or ETCO, or both
- Contravenes ETCO interlock, or Zero Alch licence
- Fails, or Refuses to give blood
- Causes death, or injury while EBA
- Causes death, or injury while incapable

15

Seize and Impound for racing

May Seize and impound a motor vehicle for 28 days
[if]
RG2B a person operated a MV on a ROAD in a RACE with unnecessary exhibition of speed
[or]
Without resonable excuse caused MV to incur sustained loss of traction

*Section 115 - 650 GREEN STICKER should be applied to this vehicle*

16

Seize and Impound
Section 122

s122 - (12hrs x 2)
If Officer has RG2B that their is necessity for interest of public safety. They may seize and impound a vehicle for 12hours, with an extension of 12hours if no change of circumstances has occurred

17

Seize and Impound
Section 123

Officer may seize and impound a MV for maximum of 7 days to ensure:
- Preservation of Evidence
- Enable ESR/ Scientific examination
- Establish cause of Serious Accident
[or]
RG2B that a vehicle has been involved in a serious accident, or hit and run.
[or]
The vehicle has failed to stop when s114 requirement to STOP has been attempted.

18

Enter Premises and Seize and Impound
Section 119

An enforcement officer on GC2S may seize and impound a MV when,

[Any person has]
Failed to stop for s114
[and]
is driving in a reckless, or dangerous manner,
[or]
has recently been driving with influence of ETCO or Drugs or both
[and]
Freshly Pursued
[may without warrant]
Enter any premises, which fleeing person has entered to enforce requirement for EBA procedures.

Any premises can be entered by an enforcement officer
[if]
a vehicle that has been involved in an offence against s96, or s123 has been stored or is being kept.
[To]
Seize and Impound
[ONLY IF]
Freshly pursued, or the vehicle is about to removed, disposed or destroyed,
or
RG2S that the vehicle is about to be used as part of an offence
or
Due to time of day or circumstances, it is impractical to obtain a warrant.

19

Accident directly, or indirectly related to vehicle operation

Drive, or Rider

Must STOP

ASCERTAIN any injuries

RENDER aid

20

Vehicle Crash causing harm

Injury, or Death

Driver, or Rider Must,

Report incident to Police, or nearest Enforcment Officer

As soon as resonable

MAXIMUM of 24HRS

[unless incapable, due to injuries from crash]