How long can you stop someone under Section 114 of the Land Transport Act 1998?
15 minutes or for however long is reasonably necessary
Explain Section 114 of the Land Transport Act 1998 and the associated power of arrest:
Section 114 Land Transport Act 1998
POWER TO STOP VEHICLES AND DEMAND DETAILS
In uniform or wearing cap, helmet or hat displaying badge of authority ,
Or
With flashing blue, or blue & red lights or with siren,
DEMAND
1. Full name, full address, DOB, occupation, phone number
2. Whether they are the owner of car
3. The name and address of the owner.
114(6) POWER OF ARREST
- Failing to stop
- Refuses to supply details
- Supplying details you have GCTS are false or misleading
What is Section 113 of the Land Transport Act?
SECTION 113 GENERAL ROAD RELATED POWERS
D- direct a person on a road to give
full details ( full name, add, occ.
Ph.)
I- inspect, test examine brakes or
any other part of vehicle
M- move or authorise another
person to move any vehicle
causing obstruction or hazard
D- direct the driver or person in
charge to move vehicle
O- order unlicensed driver not to
drive (forbid them to drive)
D- direct a pedestrian or person
driving a vehicleWhat are the differences between Sections 114 and 113?
- 114 allows you to stop a vehicle
113 does NOT
2. 114 allows you to demand
detail details from a driver you
have stopped while 113 allows
you to demand details from
drivers you have NOT stopped.- 113 also allows you to obtain
PERSONAL DETAILS
Explain Section 115 of the Land Transport Act 1998:
BANNING VEHICLES FROM THE ROAD
115(1) GREEN STICKER= defective
115(3) PINK STICKER= unsafe
Explain Section 121 of the Land Transport Act 1998:
TAKING KEYS AND FORBIDDING TO DRIVE
If an officer believes on reasonable grounds that a driver is incapable:
F- forbid that person to drive for
specific time
A- all keys to be surrended
R- render the vehicle immobile
M- move or cause to be moved any
vehicle
E- EBA offenders forbidden to drive
for 12 hrs
D- direct person to specific place
to rest if they exceed their
driving hoursExplain section 118 of the Land Transport Act 1998:
Section 118: Obtaining Information
Officer may require owner or hirer to give within 14 days information:
- The ID and apprehension of any driver alleged to have committed any offence against any act while in charge of a vehicle
- The ID and apprehension of any passengers who have committed, aided through use of vehicle
- Person must have been owner at time of offence.
- Must be within owners/hirers ability to supply
- owner of vehicle used to flee a police pursuit must IMMEDIATELY give all info of the driver
What does Section 95 of the Land Transport Act 1988 involve?
Section 95: Suspending Licences for 28 days
What does Section 96 of the Land Transport Act 1998 involve?
Section 96: Seizing and Impounding Vehicles
Explain Sections 122 and 123 of the Land Transport Act 1998:
Sections 122 and 123: Seizing Vehicles
122: POWER TO SEIZE A VEHICLE for 12 HOURS if you believe on reasonable grounds that it is interest of public safety. Maybe extended
123: POWER TO SEIZE VEHICLE FOR UPTO 7 DAYS
In order to:
- Preserve evidence
- Enable scientific examination
- Establish cause if a serious traffic accident
Explain Section 119 of the Land Transport Act 1998:
Section 119: ENTERING PREMISES AND SEIZING VEHICLES
POWERS OF ENTRY TO CARRY OUT BREATH ALCOHOL TEST
from failing to stop, committing an offence or recently under influence
AND in FRESH PURSUIT( haven’t left sight )j
What is Section 90 of the Land Transport Act 1998?
Section 90: SUSPENDING LICENCES AND DISQUALIFYING FROM DRIVING
Within 2 years, accumulates 100 demerit points
