Traffic Flashcards

1
Q

Under S114 demand the driver states their:

A
Full name
Full address
Date of birth
Occupation
Telephone number
If they own the car
Name and address or any identification details within their knowledge of the owner
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2
Q

Under S114 you have the power to arrest:

A

Fails to stop.
Refuses to supply details.
Supplies details you have GCTS are false or misleading.

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3
Q

Power to stop vehicles and demand details

A

Section 114, Land Transport Act 1998
In uniform, may request or signal a driver of a vehicle to stop as soon as practicable AND
Stop a vehicle by displaying flashing blue or blue and red lights, and/or sounding a siren.

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4
Q

S114 how long can you keep the driver stopped to obtain ID

A

Can delay them for up to 15 minutes.

Then have 2 choices - let them go OR arrest for supplying false details

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5
Q

What power does section 114 give you

A

Stopping vehicles and demanding details

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6
Q

What power does section 113 give you

A

General roadway-related powers

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7
Q

General powers of transport legislation enforcement under 113 DIMDOD

A

D - direct a person on the road to give: full name, full address, DOB, occupation, telephone number and information to ID driver or person in charge.
I - inspect, test and examine the brakes or any part of the vehicle, plus documentation e.g. WOF.
M - move or authorise another person to move, any vehicle causing an obstruction or hazard, incl power to enter vehicle e.g. Tow.
D - direct the driver or person in charge of the vehicle to move the vehicle.
O - order an unlicensed driver not to drive
D - direct a pedestrian or a person driving a vehicle to stop or proceed in or keep to a particular line of traffic.

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8
Q

What power does section 115 give you

A

Banning vehicles from the road

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9
Q

What does a green sticker mean and who can remove it

A

Green sticker means the car is ordered DEFECTIVE. The car should be taken to a local garage for a new inspection and they garage can remove the sticker.
Or if easily solved (dark tints) the officer can remove the sticker once the person complies.

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10
Q

What does a pink sticker mean

A

Pink sticker means the car is UNSAFE. It cannot generally be driven after that. Must be given a new WOF at a testing station ONLY (not garage). The testing station will remove it when the car meets requirements

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11
Q

What power does section 121 give you

A

Taking keys and forbidding to drive

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12
Q

Under section 121 what must you believe on reasonable grounds to take action

A

Because of the persons mental or physical condition they are:
Incapable of proper control of the vehicle
They do not complete a compulsory impairment test satisfactorily
Fail to undergo a compulsory impairment test
Is not complying with driving hours

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13
Q

What action can you take under S121 FARMED

A

F - forbid that person to drive for a specified time
A - all keys to be surrendered
R - render the vehicle immobile (remove battery)
M - move or cause to be moved if obstructing
E - EBA offended must be forbidden for 12 hours
D - direct them to drive to a place to rest if exceeded driving hours.

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14
Q

What power does section 118 give you

A

Obtaining information

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15
Q

What information can you demand from an owner or hirer to give you within 14 days under S118

A

Any information that may lead to:
The ID and apprehension of the driver, if the driver is alleged to have committed ANY offence against ANY act.
The ID and apprehension of any passenger if that passenger:
Has committed
Has aided in the commission of
Has avoided arrest for
ANY offence against ANY act.

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16
Q

After a police pursuit when must the owner provide information under S118

A

Immediately - all the information they can

17
Q

What power does section 95 give you

A

Suspending licenses for 28 days

18
Q

What are the 7 occasions under S95 you would issue a 28 day suspension

A
  1. Breath alcohol over 650mcg
  2. Blood alcohol over 130mgm
  3. Breath over 400mcg AND convicted of any 2 relevant offences in the last 4 years
  4. Blood over 80mgm AND convicted of any 2 related offences in the last 4 years
  5. Refuses to have a blood test (EBA)
  6. Driving a vehicle 40kph over posted speed limit
  7. Driving a vehicle 50kph over any speed limit other than the permanent one e.g. Road works
19
Q

What power does section 90 give you

A

Suspending licenses and disqualifying from driving

20
Q

Under section 90 who can give demerit suspension notices

A

The NZTA must, by notice in writing given to that person suspend their license for 3 months.
If they cannot locate this person NZTA delegate this take to police, the Police can serve a demerit suspension license if an alert is entered in NIA under no other circumstances can the police issue this.

21
Q

What power does section 96 give you

A

Seizing and impounding vehicles for 28 days

22
Q

What 6 occasions under S96 would you seize and impound a motor vehicle for 28 days

A
  1. They were disqualified from holding or obtaining a license.
  2. They has a suspended or revoked license.
  3. They were not holding a license e.g. Expired, forbidden or unlicensed.
  4. Breath over 400mcg AND have 2 convictions for related offences in last 4 years.
  5. Blood over 80mgm AND have 2 convictions for related offences in last 4 years.
  6. Refused to undertake a blood test AND have 2 previous convictions for related offences in the last 4 years.
23
Q

Under S96 you MUST seize and impound under the boy racer section if

A

They operated the vehicle in a race, or in an unnecessary exhibition if speed or acceleration.
Or
Without reasonable excuse operated the vehicle on a road in a manner that caused the vehicle to undergo sustained loss of traction.

24
Q

Saying to remember 113-122

A

Dracula Sends Suzy’s Pulse Racing Over Enlarged Pointed Front Incisors. 117/120 haven’t covered.

25
Q

What power does section 116 give you

A

The power to arrest without warrant any person who fails to comply with directions under S115 (pink and green stickers).

26
Q

What power does section 122 give you

A

Impounding a vehicle for 12 hours if you believe it is in the interest of public safety. Can extend it a further 12 hours if circumstances haven’t changed

27
Q

What power does section 123 give you

A

Impound for up to 7 days to
Preserve evidence
Enable a scientific investigation
Establish cause of serious traffic incident
If you believe on reasonable grounds that
The vehicle has been involved in a serious crash or hit and run offence OR
The driver failed to stop in accordance with S114

28
Q

What power does section 119 give you

A

Entering premises and seizing vehicles

29
Q

What must you have to enter any premises by force and carry out a breath test procedure under S119

A

An officer must have GCTS that person of
Failing to stop for flashing lights and siren
Has committed an offence of reckless or dangerous driving OR has recently been drinking/doing drugs
AND you are freshly pursuing them

30
Q

To enter by force any place to seize and impound a vehicle the officer must satisfy under S119 that

A

They are freshly pursuing the vehicle
The vehicle is about to be removed, concealed, destroyed or disposed of
They suspect on reasonable grounds the vehicle was about to be used in commission of a crime
It was impracticable due to time of day or location to get a warrant