Stakeholders in NSW Road Safety
- NRMA
- Dept. of Health
- RMS
- StaySafe Committee
- Police
Five E’s with Examples
- Engineering (identify road issues and report)
- Education (addressing community service groups)
- Encouragement (cautions for minor offences)
- Enforcement (issuing TIN’s)
- Evaluation (analysing data to identify effective strategies)
Definition of a Motor Vehicle
A vehicle that is built to be propelled by a motor that forms part of the vehicle
Definition of a Road
An area open to and used by the public and is developed for, or has one of its main uses as the riding or driving of motor vehicles
Definition of a Road Related Area
- An area that divides a road
- A footpath or nature strip
- An area that is not a road but is open to the public and is designated for use by cyclists or animals
- An area that is not a road and that is open to or used by the public for driving, riding and parking vehicles
Roles of Police in Reducing Road Trauma
- Reduce crashes through high visibility
- Promote voluntary road user compliance with laws
- Detect and prosecute traffic offenders
- Promote free movement of vehicles and pedestrians
- Be role models to the community through exemplary driving
When Can’t you Issue an FPN?
- Outside time limits
- Fatal crash
- Offence not listed
- Under 16
- Actions of driver reported
- Ambulance or Firefighter on urgent duty
- Police officer on duty
Three Criteria for Major Crash
- Someone killed or injured
- Driver/s left scene without exchanging particulars
- Driver/s under the influence of drugs and/or alcohol
Priorities when Attending Crash Scene (AID BITCH)
- Attend, assess, advise
- Injured (attend to)
- Drivers and witness identification
- Breath test where possible
- Impact (establish point of)
- Traffic (ensure free flow of)
- Crash investigation
- How and who is at fault, deal with accordingly
Road Rules Rule 287
Anyone involved in a motor vehicle crash may be required to provide particulars to police (name and address), along with an explanation of what happened
PCA Ranges
Novice: 0.001-0.019 Special: 0.020-0.049 Low: 0.050-0.079 Middle: 0.080-0.149 High: 0.150+
Who can you Breath Test?
- Driver of a motor vehicle
- Person in driver’s seat attempting to put vehicle into motion
- Supervisor of learner driver
When can you Breath Test? (RCMT)
- RBT
- Crash
- Manner of driving comes to your attention
- Traffic offence committed
Power to Breath Test
Road Transport Act 2013 Schedule 3 Clause 3
Definition of Negligence
Doing/not doing something that a reasonable and prudent person wouldn’t/would do
What must we Consider when Charging with Speed or Manner Dangerous?
That there was an element of danger to the public
Powers of Arrest under Road Transport Act 2013
Schedule 3 Clause 4 - Arrest for Breath Analysis
Schedule 3 Clause 12 - Arrest for Blood and Urine Sample at Fatal Crash
Schedule 3 Clause 14 - Arrest for Blood and Urine Sample
Elements of Dangerous Driving Occasioning GBH or Death
Crimes Act 1900 s. 52A
- The accused
- Drove a vehicle (under influence of alcohol/drugs, manner or speed dangerous)
- Occasioning GBH or death
- Conveyed in or on any vehicle
- Through an impact
Can Police Breath Test a Rider of a Horse?
No, as a horse is not a motor vehicle
What is the Age Restriction for Breath Testing?
There is no age restriction
Presence of PCA
Road Transport Act 2013 s. 110
-It is an offence to
-Drive a vehicle
-Occupy the driver’s seat and attempt to put vehicle into motion
-Supervise a learner driver
-While the following PCA ranges are present in breath or blood:
Novice: novice drivers
Special: special category drivers
Low/Mid/High: any licence
Presence of Drugs
Road Transport Act 2013 s. 111
- It is an offence to:
- Drive a vehicle
- Occupy driver’s seat and attempt to put vehicle in motion
- Occupy supervising seat for a learner driver
- While a Prescribed Illicit Drug is present in the person’s oral fluid, blood or urine
Driving Under the Influence
Road Transport Act 2013 s. 112
- It is an offence to:
- Drive a vehicle
- Occupy driver’s seat and attempt to put vehicle in motion
- Occupy supervising seat for a learner driver
- While under the influence of Alcohol or Prescribed Illicit Drug
Reasons to Skip Passive Test (DOPAT)
- Driver admits to having consumed alcohol
- Other occupants of car have consumed alcohol
- Police suspect the driver has consumed alcohol
- At scene of a crash
- Too windy
