Perkshd colajhe > PR > Flashcards

PR Flashcards

(45 cards)

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1
Q

Define “Driver”

A

Driver in relation to a vehicle, includes the rider of a motorcycle or moped or bicycle; and driver has a corresponding meaning

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2
Q

Define “motor vehicle”

A

Motor vehicle means A vehicle drawn or propelled by mechanical power, and includes a trailer, but does not include

  • vehicle on rails
  • trailer of NZDF (except of only designed for carriage of goods)
  • trailer on one wheel or speed measuring device or testing tyre wear
  • vehicle designed for amusement not used in public road
    -pedestrian controlled machine
  • vehicle deemed not MV by Director
  • mobility device
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3
Q

Define “operate”

A

In relation to vehicle, operate means to drive or use the vehicle in a road, or to cause or permit the vehicle to be on a road or t on be driven on a road, whether or not the person is present with the vehicle; and “operator” has a corresponding meaning

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4
Q

Define “Road”

A

Road includes

  • street
  • motorway
  • beach
  • place which public have access, whether as of right or not
  • all bridges, culverts, ferries, fords forming part of road or street or motorway or place referred fi above.
  • all sites at which vehicles may be weighed for purposes of this Act or other enactment
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5
Q

Define “Vehicle”

A

Includes

  • hovercraft
  • skateboard
  • in-line skates
  • roller skates

Doesn’t include

  • pram/pushchair
    -shopping trolley (not powered)
  • pedestrian controlled lawnmower
  • pedestrian controlled agriculture machine
  • article of furniture
  • wheelchair not propelled by mechanical power
  • any other contrivance specified not to be
  • rail vehicle
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6
Q

Types of Drivers Licences

A

Learner
Restricted
Full

Limited Licence
Alcohol Interlock Licence
Zero Alcohol Licence

Overseas

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7
Q

Learner Licence (blue)

A
  • accompanied by supervisor on front passenger seat, had full licence for 2 years
  • must carry licence and produce on demand
  • must display two L plates, front and back
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8
Q

Restricted Licence (Yellow)

A
  • between 10pm and 5am must have supervisor in front passenger seat, had full licence 2 years
  • if carrying passengers, must have supervisor, or passenger must be spouse, partner, parent, guardian, dependent
  • must carry licence and produce on demand

Expires after 10 years, can be renewed any time

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9
Q

Full Licence (Green)

A
  • Must carry and produce on demand
  • Some conditions eg. Correcting lenses must be used while driving
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10
Q

Limited Licence

A

No licence classes are show. Limited licence expiry dd/mm/yyyy appears. Conditions on back require driver to carry court order at all times and drives under conditions of it.

Can apply for one for employment. Expensive and court can decline.

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11
Q

Alcohol Interlock Licence

A

Only allowed to drive vehicles fitted with alcohol interlock device

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12
Q

Zero Alcohol Licence

A

“Zero alcohol” appears on front of licence. Driver had a zero alcohol condition.

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13
Q

Overseas Licences

A

Maximum of 18 months from date of entry (each time of entry)

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14
Q

Failing to comply with learner/restricted conditions (offence)

A

Section 31, LTA 1998

  • offence not to comply with conditions of learner or restricted licence
  • contravening conditions is always an infringement offence, fee of $100 and 35 demerit points
  • failing to produce licence is $55 infringement offence
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15
Q

No driver licence or failing to produce a licence (offence)

A

Section 31, LTA 1998

Driver commits offence if they

(A) - Drive a motor vehicle on road (I) with expired licence or (ii) without an appropriate driver licence or

(B) - Drive a motor vehicle contrary to the conditions of their driver licence or

(C) - Are the driver of a motor vehicle and fail to produce their driver licence for inspection without delay after being required to do so by an enforcement officer or

(D) Fail to return their driver licence to NZTA when required to do so

Maximum penalty on conviction for an offence is a fine not exceeding $1000

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16
Q

Returning Drivers Licence

A

Section 30, LTA 1998

Driver licence must be returned to the Director under Section 30 if the holder

  • has their licence suspended or revoked
  • is disqualified from holding or obtaining a driver licence
  • has their licence superseded by another licence (new licence issued)
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17
Q

Driving while disqualified (offence)

A

Section 32

Person commits offence if they drive a motor vehicle on a road

(A) while disqualified
(B) contrary to a limited licence
(C) while their driver licence is suspended or revoked

Penalties imposed increase if subsequent similar offences are committed

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18
Q

What does driver licence disqualification involve?

A

Person must not druve, or have control of, any motor vehicle on any road for the term of disqualification. Cannot apply for a new driver licence.

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19
Q

Arrest vs summons for driver licence offences

Study These Flashcards
A

Time, place, circumstances.

20
Q

What are the major driving offences

Study These Flashcards
A
  • Inconsiderate (section 8)
  • Careless (section 8)
  • Dangerous (section 7(1))
  • Reckless (section 7(2))
21
Q

Inconsiderate Driving

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A

Section 8, LTA 1998

  • driving that includes inattention of thoughtless actions or omissions, as well as deliberate ones, which is inconsiderate to the other road users

Offence - Section 37

  • Operates
  • a Vehicle
  • on a Road
  • Without Reasonable Consideration for Other Road Users (D401)

No power of arrest

22
Q

Careless Driving

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A

Section 8, LTA 1998

  • Falling below the driving standards of a reasonable prudent motorist

Offence - Section 37, LTA 1998

  • Operates
  • a Vehicle
  • on a Road
  • Carelessly (D502)
23
Q

Dangerous Driving

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A

Section 7(1), LTA 1998

  • Driving in a manner or speed which was or might have been dangerous to anyone

Offence - Section 35, LTA 1998

  • Operates
  • a Motor Vehicle
  • on a Road
  • in a Manner/Speed which may be dangerous to any public/any person (D201)

Power of arrest, as imprisonable offence

24
Q

Reckless Driving

Study These Flashcards
A

Section 7(2) LTA 1998

  • Deliberately choosing to drive in a dangerous way.
  • Goes a step beyond dangerous driving into what may be regarded as a more blameworthy offence.
  • also recognises the mental state of a driver
  • mens rea required (whereas mens rea is absent is dangerous driving)

Imprisonable offence, so power of arrest

25
Driving Offences when injury or death also occurs
S36 LTA1998 - contravention of s7 or s22 involving injury S38 LTA1998 - contravention of s8 causing injury or death also
26
Anti Social Vehicle Users
- illegal to race - make unnecessary exhibition of speed - pour substances into road to induce loss of traction (intent and actions of driver is relevant) Section 22A outlines responsibilities of above. Offences are s36A- (contravention of s22a)
27
Engaging in unauthorised street or drag racing
Section 36A(1)(a) lists offences in contravention of section 22A - a person commits an offence if they - operate a motor vehicle - in a race OR In an unnecessary exhibition of speed or acceleration - on a road in contravention of section 22(a)1 Section 36A(1)(b) - a person must not 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 Section 36A(1)(c) - a person must not without reasonable excuse - operate a motor vehicle on a road - in a manner that causes the vehicle to undergo sustained loss of traction (section 22A(3))
28
Duties of Drivers
Drivers of Motor Vehicles are required to be licensed and fit to drive And the motor vehicles they drive are required to meet specific standards under various transport laws
29
In terms of LTA1998 what Powers do police have?
- Stopping vehicles and obtaining details of drivers - Powers to keep roads clear from unsafe vehicles - Taking keys off unsafe drivers - Suspending licenses and forbidding to drive - Seizing vehicles and impounding them
30
LTA 1998, Section 114
Power to require driver to stop and give name and address etc (1) Enforcement officer in uniform or wearing distinctive cap, hat, helmet, with badge of authority affixed to it, may signal or request the driver to stop as soon as is practicable (2) Enforcement officer in a vehicle following another vehicle may, by displaying flashing blue, or blue and red lights or sounding a siren, require the driver to stop Also can demand NADPOO (name, address, dob, phone, occupation, ownership - registered owner of vehicle)) An enforcement officer can (5) require a driver to remain stopped to establish the identity of the driver, but not longer than 15 minutes for this purpose (6) may arrest with good cause to suspect the person of having (a) failed to stop/remain stopped or refuses to supply details (b) given false or misleading information When to use S114 - can be used to stop vehicles only in enforcing LTA 1998 of other traffic related Act or Regulations. All vehicles (MV and vehicles eg. Scooters) Driver who fails to comply can be charged under s52(1)(c) Driver must remain stopped as long as necessary to - establish id of driver - exercise any power under act Can arrest using s114(6) any person who s116(6)(a) - fails to stop, refuses to supply details S116(6)(B) a supplies details GCTS are false/misleading
31
LTA 1998, Section 113
If an offence has been committed, an enforcement officer can DIMDOD - Direct any person on a road to give their details or those of the driver of a vehicle - Inspect vehicle/documents - Move a vehicle to where it is not a hazard or obstruction - Direct the driver to move the vehicle - Order (forbid) an unlicensed driver to drive (different than wrong licence etc) - Direct a vehicle or pedestrian to stop or move in a particular direction (eg. Points duty)
32
LTA 1998, Section 115
Enforcement officers may give directions prohibiting driving of vehicles NOTICE ORDERING UNSAFE VEHICLE OFF ROAD (RGTB that vehicle not in safe condition to be driven in road) - Pol 555 - PINK STICKER affixed to front/rear windscreen NOTICE ORDERING DEFECTIVE VEHICLE OFF ROAD (RGTB vehicle doesn’t comply with regulations or rules) - Pol 650 - GREEN STICKER affixed to vehicles front/rear windscreen
33
LTA 1998, Section 121
Enforcement officer may immobilise vehicle, etc in specified circumstances If RGTB… —that person in charge of motor vehicle - because mental or physical condition is incapable of having proper control of MV - did not satisfactorily completely a Compulsory Impairment Test - has failed or refused to undergo compulsory impairment test - failed or refused to permit blood specimen to be taken — not complying with driving hours (under any enactment) Officer may FARMED - Fobid that person to drive for a specified time - All keys to be surrendered - Render the vehicle immobile - Move or cause to be moved any vehicle causing an obstruction or hazard - EBA offenders must be forbidden to drive for 12 hours period - Direct that person to rule to a specified place to rest if they exceeded driving hours d
34
LTA 1998, Section 118
Requirement to give information as to identity of driver or passenger Driver and passengers may be requested to provide info to prove their identity when an offence is believed to have been committed. Also applies to anyone hiring a vehicle. People that hold a company that hold a Transport Service Licenxe (eg taxi uber) that employs any person to drive a vehicle under that licence, the licence holder must supply in writing the driver’s full name, address and email No power to demand passengers details unless to establish id with if driver or that passenger has committed offence. After vehicle fails to stop S18(4) Officer can require registered person of hirer of the vehicle which has failed to stop or remind stopped for police to immediately give all info available to them that would lead to ID and apprehension of driver May impound Brickell if registered person fails to provide info S118 doesn’t apply if owner is arrested or detained in relation to the offence
35
LTA 1998, Section 95
28 Mandatory licence suspension - > 650mcg breath - > 130mg blood - > 400mcg breath and convicted of “relevant offence” in last 4 years - > 80mg blood and convicted of a “relevant offence” in last 4 years - blood concentration level of a listed qualifying drug exceeding the high risk level for the drug and convicted of a “relevant offence” in the last 4 years - failed/refused blood test - drove more than 40koh over permanent speed limit - drove more than 50kh over temporary or towing speed limit
36
LTA 1998, Section 90
Suspending Licences and Disqualifying from Driving - Driver accumulates 100 or more demerit points within a two year period - licence suspended for 3 months and will be u licenced when period of suspension ends - if driver does not hold a driver licence they will be disqualified from obtaining a driver licence for 3 months Can only serve once alert has been created in NIA
37
LTA 1998, Section 96
Impoundment of a motor vehicle for 28 days if the officer believes on reasonable grounds that a person drive the vehicle on a road while: - licence disqualified, suspended, revoked - operated contrary to interlock licence - convicted of 2 or more relevant offences within last 4 years EBA - failed or refused blood test and 2 previous relevant offences convictions within last 4 years - unlicensed and previously forbidden - in breach of a qualifying bylaw and vehicle subject to a warning notice - operated in a race or unnecessary exhibition of speed, sustained loss of traction, recklessly, dangerously - causes injury or death while driving carelessly - up to 6 month impound - failed to stop or remain stopped (s96AAA)
38
LTA 1998, Section 122
Power to seize vehicle for 12 hours in an emergency (1) in the interests of public safety that a motor vehicle should be seized and impounded (2) the officer may extend by up to 12 hours the period for which the vehicle was impounded under subsection (1)
39
LTA 1998, Section 123
Power to seize vehicle for 10 days to - preserve evidence - enable scientific examination - establish the cause of a serious traffic accident (a) the vehicle has been involved in a serious traffic accident or a hit and run offence , or (b) driver failed to stop (or remain stopped)
40
LTA 1998, Section 119
Powers of entry and seizing vehicles - failed to stop for flashing lights or siren - has or is committing reckless or dangerous driving or driving EBA and or drug - if officer is freshly pursuing the vehicle, may without warrant enter any premises to exercise powers as if they were in the vehicle - seize and impound the vehicle if it was to be removed, concealed , destroyed or disposed of, about to be used in a crime or impractical to obtain a warrant
41
Road Safety Directive
Serves as written notification of a forbidden activity for the offending driver, such as, unlicensed or intoxicated driver forbidden to drive
42
What are the main police powers related to LTA 1998
113 - DIMDOD 114 - Power to stop vehicles 115 - Banning Vehicles from road 118 - Demand driver identity 119 - Entering premises and seized vehicles 121 - FARMED 122 - Seize vehicles for 12 hours (last resort) 123 - Seize vehicle up to 10 days (for evidence)
43
Identify circumstances where police can suspend a driver’s licence
90 - Suspend licence, disqualify 3 months 95 - suspend licence 28 days, EBA/dangerous 96 - Seize vehicle up to 10 days (evidence)
44
LTA Section 59
Failure or refusal to remain or to accompany an enforcement officer
45
LTA Section 60
Failure or refusal to permit a blood sample or undergo a CIT
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