Road Policing

Question 1

What is LTA 1998 Section 114?

Answer 1

This section gives the power to stop vehicles and demand details of the driver only. This includes whether they are the owner of the car and if not, who is the owner.

Question 2

How long can the driver be stopped for?

Answer 2

The driver may remain stopped as long as reasonably necessary for you to obtain particulars and issue tickets. If the driver has been stopped solely for the purpose of establishing identity then they can only be delayed for 15 minutes.

Question 3

Power of arrest under LTA Section 114?

Answer 3

You can arrest without warrant any person who:

• fails to stop
• refuses to supply details
• supplies details that you have good cause to suspect are false

Question 4

What is LTA Section 113

Answer 4

This section gives you your powers and enables you to perform DIMDFFD.

Question 5

What is DIMDFFD?

Answer 5

Direct:
-a person on a road (whether or not they are in charge of a vehicle) to give:
-their full particulars
-information to identify the driver of the vehicle
Inspect:
-test and examine the brakes or any other part of a vehicle on a road
Move:
-or authorise another person to move any vehicle if on reasonable grounds the vehicle is causing an obstruction
Direct:
-the driver to remove the vehicle from the road if on reasonable ground that the vehicle is causing an obstruction
Forbid:
-an unlicensed driver to drive
Forbid:
-a person who is operating a transport service without .a licence to operate that service
Direct:
-a person using a vehicle or riding an animal to stop or keep in line of traffic (points duty)

Question 6

What is LTA 1998 Section 116?

Answer 6

• you can arrest a person without warrant under section 116 if:
• you have good cause to suspect the person has failed to comply with a direction given under sections 113 or 115 of the LTA.

Question 7

Differences between LTA sections 114 and 113?

Answer 7

-section 114 allows you to stop vehicles
-section 113 does not allow you to stop vehicles
-section 114 allows you to demand driver details only
section 113(2) allows you to obtain a persons details on a road who has committed an offence against specified acts referred to in section 113(1)

Question 8

What is LTA Section 115?

Answer 8

115(1)-green sticker:
-if you believe on reasonable grounds that a vehicle on the road fails to comply with regulations or rules (tints, exhaust etc)
-you can give notice to the driver that the vehicle is not to be driven until new evidence WOF has been obtained
-the car can be driven home under conditions
115(2)-pink sticker:
-if you believe on reasonable grounds that a vehicle is not in a safe condition to be on a road (rust, lowered etc)
-you can give notice to the driver that the car needs to be inspected by an authorised inspector
-powers of arrest under Section 116

Question 9

What is LTA Section 121?

Answer 9

The power to take keys and forbid to drive when an officer believes on reasonable grounds that a driver:
-is in an impaired physical or mental condition
-is not complying with driving hours
This can be covered with the acronym FARMED
You have powers of arrest without warrant for:
-failing to comply with directions or
-attempting to do an act forbidden by section 121

Question 10

What is FARMED? (Section 121)

Answer 10

Forbid- that person to drive for a specified
All- keys to be surrendered
Render-the vehicle immobile or
Move-the vehicle causing an obstruction or hazard
EBA-offenders must be forbidden to drive for 12 hours
Direct-that person to drive to a specified place to rest if they have exceeded their driving hours

Question 11

What is LTA Section 118?

Answer 11

An officer may require the owner or hirer of a vehicle used in an offence to provide information within 14 days (or immediately if used in a pursuit) that may help identify and apprehend the driver and passengers.

Question 12

What is LTA Section 95?

Answer 12

Suspending licence for 28 days for any of the following:

• breath alcohol over 650mcg per litre of breath
• blood alcohol of over 130mgm per 100ml of blood
• breath alcohol over 400mcg per litre of breath and has been convicted for any relevant offence within the last 4 years
• blood alcohol over 80mgm per 100ml of blood and has been convicted of any relevant offence within the last 4 years
• person failed or refused a blood test under sections 72/73 of LTA
• person drove 40kph over the permanent posted speed limit
• person drove 50kph over a temporary speed limit

Question 13

What is LTA Section 90?

Answer 13

Grants powers to suspend licences and disqualify from driving for 3 months.

Question 14

What is LTA Section 96?

Answer 14

You must if practical seize and impound a vehicle for 28 days if you believe on reasonable grounds that a person drove while:

1. Disqualified from holding/obtaining a licence
2. Had a suspended or revoked licence
3. Were not holding a licence and have previously been forbidden.
4. Breath alcohol over 400mcg AND have 2 previous convictions for relevant offences within last 4 years
5. Blood alcohol over 80mgm AND have 2 previous convictions for relevant offences
6. Failed or refused a blood test under section 72/73 of LTA

Question 15

Section 96(1A)- Boy racers

Answer 15

You may seize and impound a vehicle for 28 days if you believe on reasonable grounds that a person:

• operated the vehicle in a race/unnecessary display of speed or acceleration
• operated the vehicle in a manner that caused a sustained loss of traction

Question 16

What is Section 122 LTA?

Answer 16

Power to seize vehicle for 12 hours in interest of public safety. This provision is a last resort.

Question 17

What is Section 123 LTA?

Answer 17

You can seize a vehicle for up to 7 days in order to:

• preserve evidence
• enable scientific examination
• establish the cause of an accident/hit and run

Question 18

What is Section 119 LTA?

Answer 18

Powers of entry to carry out breath testing:

• If a person fails to stop and you are freshly pursuing them
• Can seize the vehicle commission of a crime.
• Powers to obtain a warrant to seize a vehicle.

Question 19

What is inconsiderate driving?

Answer 19

Driving that includes inattention or thoughtless actions or omissions as well as deliberate ones which is inconsiderate to other road users.

Question 20

What is careless driving?

Answer 20

Falling below the driving standards of a reasonable prudent motorist.

Question 21

What is dangerous driving?

Answer 21

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

Question 22

What is reckless driving?

Answer 22

• Knowingly disregarding ones duty as a driver
• Deliberately running an unjustifiable risk of injury or collision.
• Requires intent/mens rea which is absent in dangerous driving

Question 23

Duty to report injury-LTA Section 22 (3)

Answer 23

• Where a crash involves
• injury or death
• the driver must report the accident in person
• to nearest Police station or officer as soon
• as reasonably practicable
• and in any case not later than 24 hours after the crash
• unless the driver is incapable due to injuries.

Question 24

Duty to report damage-LTA Section 22 (4)

Answer 24

• Where a crash involves
• damage to an unoccupied vehicle or to other property
• belonging to another person
• driver MUST unless incapable due to injury
• within 48 hours report to
• owner
• if owner cant be contacted then report to Police station within 60 hours