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Why do police take action for traffic offenders?
To modify unsafe driver behaviors and habits that contribute to road trauma.
- To reduce the
- emotional, psychological, & financial costs to the community that road trauma
What is road trauma?
The emotional, physiological and financial effects of a collision.
Who are key stakeholders in road safety?
- Nsw roads
- Local council
- Motor accidents authority
- Health department
- Independent safety authority
What are the 5 Es that are applied to road trauma reduction stratergies implemented by police and other stakeholders?
- Police: Road safety audits
- Local traffic committees
- Stakeholder: Safer cars, safer roads
- Police: Presentations, meeting with kids
- Stakeholder: Media campaigns, school programs, graded license system
- Police: Cautions for minor offences, driver reviver ect
- Stakeholder: Cheaper gold license, Insurance no claim bonus
- Police: issuiing pins and FCANS
- Stakeholders: Speed and red light cameras, double demerits
- Police:Monitor effectiveness using cops to check statistics. Then devising a solution using education and engineering.
- Stakeholder: Trialling, monitoring and implementation of road safety initiatives.
Role of police:
- *Reduce serious crashes through a highly visible profile
- *Promote volunteery user compliance with traffic laws
- *Detect and prosecute traffic offenders
- Promote the free movement of vehicles and pedestrians
- *Be role models in the community through exemplary driving.
What are the proofs you need for a traffic offence?
- Driver- Need to determine who is driving
- Motor vehicle- Has to actually be a motor vehicle
- Road or Road related area
- Proofs specific to the offence eg disobeyed a traffic light
Means any person driving a vehicle and includes any person riding a cycle and drive includes ride. Before a court will deem a person to be a driver. The person must have control of the steering. Or movement Or propulsion of a vehicle.
Define: Motor vehicle
Means any vehicle that is built to be propelled by a motor that forms part of the vehicle
An area open to and used by the public and is developed for or has one of it's main uses the riding or driving of motor vehicles (the part of the roadway that vehicles routinely travel on). Road must have a street name.
Define: Road Related
- An area that divides a road
- Footpath or Nature strip
- An area that is not a road, but is open to the public and is designated for use by cyclist or animals.
- An area that is not a road and that is open to or used by the public for driving, riding or parking vehicles.
What are the enforcement options?
- Infringement notice
- Bail can/no bail can
- YOA if person is under 16
What are the disposal options for a ticket?
- Pay within 21 days
- Extend it for payment
- Elect to have matter heard in court
- Make representations via correspondence to SDRO as they might give a warning
How many infringements can you give at once?
- 4 at one time, if there is more than 4 offences give them for the 4 most serious.
- Not producing a license doesn't count toward total
- Unrego+uninsured only count as 1
How long do you have to issue an infringement notice?
- 1 month
- 3 months if issue relates to an injury collision
- 3 months if issue is awaiting results of blood test.
When can't you write an infringement notice?
- When the offence is outside the time limits
- Fatal collisions
- Offence is not listed in fixed penalty handbook
- Children under 14 are offenders
- Actions of driver reported by complainant(except in a crash)
- Ambos and firies on urgent duty (you can report it)
- Police on duty (can report)
- Serious traffic offences commited by off duty cops
What are some rules for a parking infringment?
- Can only issue one at a time. Dont put another ticket on it.
- Where multipe offences commited, issue for most serious.
- Cannot issue if Vehicle has been seized or towed
- if incident is not listed in p23d card
- If theres already a ticket on there.
Power of arrest:
- Unless specifically provided for:
- Arrest for breath analysis
- Arrest for blood and urine
- Blood and urine of all drivers involved in a fatal crash.
Other wise you need 99(3)
Purpose of description of offence
- To link all proofs of the offence and to establish specifics for nominated offence and any other relevant information about the offence.
- Can include:
- Direction and estimated speed
- Any admissions of the defendent
- Environmental and road conidtions
- Number of passengers (diagram)
- Other witnesses names (offsider)
- Nearest X Street
- Location of police vehicle at time of offence
Cancellation of infringment notices
- Endorse part A "cancelled"
- Include the reason and "X" references the new ticket number
- Sign, write name, rank, station and date
- Have supervisor sign cancelled ticket.
- If part C has been issued to driver
- Do not retrieve part c
- Complete the penalty notice as normal
- Complete a report outlining the discrepancy
- Send part A with the report to the IPB
- Offside=Driver side (Furthest from curb)
- Nearside=Passenger (Closest to curb)
- Starting from curb working towards centre lanes are listed as 1 2 3 ect
- Vehicle was travelling at 130kmph travelling north in lane 1 of 3, He
- moved from lane 1 to lane 2 without indicating.
In nsw we have 7 classes
- C , car or small trucks. Any motor vehicle no more than 4.5 tonnes GrossVehicleMass, which carries up to 12 adults including the driver.
- LR, small bus, Light ridgid, Any motor vehicle more than 4.5 tonnes GVM but no more than 8 tonnes, can carry more than 12 people
- MR,big bus ect. Any motor vehicle with 2 axles and more than 8 tonnes
- HR, Any ridgid vehicle with 3 or more axles and a GVM of more than 8 tonnes
- HC, Any prime mover attatched to a semi trailer with a GVM of more than 9 tonnes plus any unladen converter dolly.
- MC, Any B double or road train
- R, Motorcycle or Motortrike
- SUSPENDED- by RTA & Police.
- *due to demerit points (accrued more than 12 points)
- *excess speed (detected travelling over 30kph over prevailing speed limit)
- *fine default (unpaid fines) due to medical condition
- *police suspension; in accordance with s204/205 of the RT(General) Act. (includes >45kph over speed limit)
- DISQUALIFIED – done at Court by a Magistrate.
- *Person is disqualified from holding or obtaining a drivers licence for a set period of time.
- *Results from being found guilty at Court for offences such as alcohol related offences; Prescribed Concentration of Alcohol, Driving
- Under the Influence. Unlicensed –Never Held; and serious drivingoffences.
- CANCELLED–by the R.T.A. as a result of assessment as to whether the person is a fit and proper person to hold a drivers licence.
- For eg: Serious incidents where Police have issued a s204 / 14 day suspension notice> leads to RTA assessment.
- – EXPIRED LICENCE < 2YRS
- – EXPIRED >2YR
- Person has a drivers licence however it has expired. Category includes 1st offence and 2nd & subsequent offence provision.
More than 2 years expired is a higher penalty than less than 2 years.
- CLASS OF LICENCE When a person is not
- licenced to drive a certain class of vehicle. They are the holder of a current drivers licence but not for the class of vehicle.
- – OTHER STATE OR TERRITORY
- Once a person permanently resides in NSW for 3months or more, they must obtain a
- NSW drivers licence. After 3 months of permanent residency they are unlicenced if still driving on an interstate licence.
- UNLICENCED– NEVER HELD
- A person who has never
- obtained a drivers licence in NSW or other State or Territory, is classified as Unlicenced- Never Held. A driver that has NEVER
- EVER HELD a drivers licence anywhere in Australia.
However;if a person did hold a driver licence but it expired more than 5 years ago, they are deemed to have ‘never held’ a driverslicence.This 5 year rule only applies to licence offences –under Road Transport (Driver Licensing) Act.
- COURTS- DISQUALIFY DRIVERS
- R.T.A.- SUSPEND & CANCEL LICENCES FOR EXCESS SPEED; DEMERIT POINTS;
- FINE DEFAULT; MEDICAL CONDITION.
POLICE -SUSPEND FOR OFFENCES UNDER s204 & s205- Alcohol related driving offences; serious driving offences, >45kph speed offence.
Differences between a major and minor crash
- Was any person killed or injured?
- Did any of the drivers involved leave the scene of the collision without exchanging particulars?
- Was any driver involved in the collision under the influence of alcohol or any other drug?
- Were any of the vehicles involved towed away?
Prioritising At Station regarding a crash
- The details of thecaller
- The location of the collision
- Any person killed or injured
- Any other emergency services required
- The remaining three (3) questions to establish category of collision.
- If Major Crash Police attend.
- If Minor Collision do following.
- *Where the collision is determined to be a Minor Collision and one of the persons involved in the collision is making the report,
- *Advise them that they can report the collision to Police Assistance Line (PAL)
- *Or simply contact their Insurance company. As there is now no legal requirement to report minor collisions to Police.
If Police take the report of crash
- *Check to see if has been entered on
- COPS by someone else.
- *If not, create an event and provide
- the event number to the person reporting.
- *If it has, update the event.
If collision occurred outside your LAC
Create a COPS entry and disseminate to Traffic Services Officer in the relevant LAC.
Major Crash Reports taken at Police Stations
- *Gain as much information as possible
- from the person reporting the crash.
- *Complete notebook entry as far as
- possible including driver’s version
- *Check COPS for entries in relation
- to the crash.
- *Where an incident already exists; update the incident. Don’t duplicate
- *Where an incident does not yet exist; create an incident on COPS
Priorities when attending a Crash
- *Attend, Assess, Advise.
- *Attend to welfare of injured.
- *Identify drivers and witnesses.
- *Breath test drivers immediately.
- *Preliminary Point of Impact.
- *Ensure the free flow of traffic.
- *Investigate & record details.
- *Adjudicate on who is at fault and deal with such under relevant legislation.
Heavy Vehicle means; A vehicle with a Gross Vehicle Mass (G.V.M.) in excess of 4.5 tonnes.
- When you attend a collision, and
- A heavy vehicle or bus is involved,
- and Is towed away from the scene of the
- crash. Contact RMS Inspectors.
- Issue a ‘Major / Grounded’ RED
- LABEL, defect notice endorsed “CRASH DAMAGE “.
Statute of Limitations
- Most traffic offences are summary matters.
- Therefore, most traffic offences have a Statute of Limitations of 6 months. This means that you MUST take action against an offending driver within 6 months of the incident.
Failureto take action within the Statute of Limitations will result in the incident becoming Statute Barred.
- Column 3 in the P23D will assist in identifying the Statute of Limitations
- for traffic offences.
- If you are still unsure, then ASK someone who does know.
Physical evidence at the scene of a crash:
- Check both directions of travel for information and physical evidence
- Record all marks, gouges, scratches, skids and debris
- Consider where vehicles/persons have entered crimes scene
- Consider installing a perimiter.
Doing something that a reasonable and prudent person would not do, or not doing something that a reasonable and prudent person would do.
Tow trucks must have 4 things, and carry 4 things:
- NEVER RECOMMEND A TOWING COMPANY!
- Must have:
- Tow authority book
- Tow truck drivers certificate
- Drivers license for that type of vehicle
- Towing schedule
- Must carry:Broom
- Rubbish bin
- Fire extinguisher
- ALL TOW TRUCK MUST START WITH TT. TT FOLLOWED BY FOUR DIGITS TO TOW FROM SCENE OF MAJOR CRASH!
If vehicle is required for mechanical or forensic examination or retained as an exhibit police will pay
Police will contact a contract tow when:
- Driver absent from injury after collsion
- Recovered stolen vehicle and owner makes a request at the time of reporting
- Road clearence.
- Conducted at the scene
- PASSIVE TEST – Talking
- DIRECT TEST – Tube & Form of Demand
WHEN TO CONDUCT A DIRECT TEST (IN PREFERENCE TO A PASSIVE TEST)
- When the driver admits to having recently consumed alcohol
- When police suspect the driver has recently consumed alcohol
- If other persons in the vehicle have recently consumed alcohol (strong smell of alcohol in the vehicle)
- At the scene of a crash
- When the weather conditions may affect the reading on the alcolizer (windy conditions)
PCA RANGES – SECT.110 ROAD TRANSPORT ACT
- 0.001 to 0.019 Novice
- 0.020 to 0.049 Special
- 0.050 to 0.079 Low
- 0.080 to 0.149 Mid
- 0.150 and above High
- Learner licence holders
- Provisional P1 licence holders
- Provisional P2 licence holders
- – Never Held (never held a licence of any kind in NSW or any other State or Territory)
SPECIAL CATEGORY DRIVERS
- Driver whose licence has been suspended, cancelled, disqualified, or expired (more than 6 months)
- Driver of a hire car, taxi, or any public passenger vehicle
- Driver of a Coach or Heavy Motor Vehicle weighing more than 13.9 tonnes GVM
- Driver of a motor vehicle carrying dangerous goods
- Supervisor of a Special Category driver
- Driver who is unlicenced – inappropriate licence
QUESTIONS AFTER ARREST AND CAUTIONING
The five drinking questions;
- What time was your first drink?
- What time was your last drink?
- Where did you consume these drinks?
- How many drinks have you had?
- What size/type drinks?
WHEN YOU DO NOT SUBMIT A DRIVER TO A BREATH TEST
- If admitted to or treated at a hospital where a blood sample will be taken
- If it appears that due to injury or illness, it would be dangerous to their condition or health
- Any time after the expiration of 2 hours after the incident or collision
- At that person’s usual place of abode
- Time Frame Considerations:
- 2hrs from the incident
- 15 mins from last drink
OBSERVATIONS AFTER ARREST
- Breath and breathing
- Actions and movements
- Form an opinion as to the persons sobriety: slightly / moderately / well affected by intoxicating liquor
Major contributors to MVC
- Human factors-inexperience, intoxicated
- Environmental factors-Road conditions, weather
- Vehicle Factors-Bald tyres, brakes, headlights