Super cool twaffic powahs

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Author:
ACLO
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238980
Filename:
Super cool twaffic powahs
Updated:
2013-11-07 21:06:02
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  1. Section 175 RDTA 2013
    • Provides police with the power to demand:
    • Production of drivers licence from the driver of a motor vehicle
    • Name and address from the driver/rider of any horse or vehicle
  2. 177 RDTA 2013
    • Police may demand name and home address of driver of a motor vehicle alleged to have committed an offence from:
    • The responsible person for the vehicle; or
    • Any other person who may have information as to the identity of the driver
  3. Power to require removal of face covering for identification purposes.
    Section 19A LEPRA
  4. 287 RR 2008
    • (2) Driver involved in crash must give particlars to
    • Other driver involved
    • Person injured
    • The owner of property

    • (3)Driver must give to cop if
    • Anyone is injured or killed
    • Driver Fail to exchange details
    • Vehicles towed

    (4)Details are name and address rego, any info required to ID vehicle, and given ASAP generally within 24 hrs.
  5. Power to prevent persons who are under the influence of alcohol or other drugs from driving by confiscating keys
    Section 189
  6. ROAD TRANSPORT ACT 2013 – SECT 142
    • Power to remove danger & obstruction to traffic:
    • On a road/road related area
    • A vehicle that has been involved in an accident or broken down
    • Anything that has fallen, escaped or been removed from the vehicle
    • Any container used for the transportation of material (including a building skip)
  7. Power to inspect a registrable vehicle for the purpose of deciding it's identity, condition or the status of registration and to issue defect notices
    Section 76 RDTA Cannot defect unregistered. Doesn't have to be on a road or road related area.
  8. Section 242 RDTA
    • ILLEGAL STREET RACING
    • AGGRAVATED BURNOUT
    • PURSUIT WITH POLICE
    • EXCEED SPEED BY MORE THEN 45KMPH
    • USE MOTOR VEHICLE FAILING TO COMPLY WITH PRODUCTION NOTICE
    • Immediatley or within a 10 day period

    • 1. Seize the car or plates (vehicle now unregoed for 3 months)
    • 2. Issue a direction that the vehicle or plates be produced at the location specified on the notice.

    • If offender is not registered owner police will take action against driver and notify rms about the car, if a subsequent offence is committed we can take the car.
    • Must inform duty officer
  9. Schedule 3 CL 3, RDTA
    • Can breath test (motor vehicle, road/rra)
    • Driver
    • Person occupying drivers seat attempting to put the vehicle into motion
    • Supervisor

    • We can do it for:
    • Collisions
    • Manner of driving
    • Breach of rules
    • RBT
  10. Schedule 3 Cl 4 RDTA
    • Power to arrest a person for the purpose of undergoing a breath analysis after returning a positive roadside breath test.
    • This also applies to drivers who refuse to undergo a breath test, or supply an insufficient sample.
  11. Schedule 3 Cl 12 RDTA
    Provides a power to arrest persons involved in fatal collisions for purpose of blood and urine tests.

    • Used in situations where a police officer believes:
    • A fatal collision has occurred, or
    • It is more likely than not a person will die within 30 days as a consequence of the collision.

    • No more than 4 hours after collision
    • Any driver or supervisor involved in a fatal
    • Must be at least 15yrs old
    • Drivers still breath tested, if positive go that route

    Note: The collision is to have occurred on a road or road related area.
  12. Power to conduct an assessment of sobriety
    • Schedule 3 CL 13 RDTA
    • If driver refuses or fails sobriety assessment they are under arrest under CL 14

    Assessment must be reasonable and at or near place of breath test.

    • Offence of DUI applies to 3 drivers, no time limit, doesnt have to be road or rra.
    • We need to add our observations
    • We use DUI if they drug test positive or we can't use pca.
  13. Power to arrest for the purpose of obtaining blood and urine samples
    Schedule 3 CL 14 if they fail sobriety test
  14. Schedule 3 CL 11 RDTA
    • This section compels a medical practitioner to take blood from:
    • Driver of a motor vehicle
    • Person occupying the driver’s seat attempting to put the vehicle in motion
    • Holder of a full driver’s licence seated next to a learner driver (supervisor of a learner)
    • Pedestrian
    • Rider of a horse
    • Driver of a vehicle other than a motor vehicle
    • No time limit
    • Must be at least 15yrs old
    • Must have reasonable grounds to test for drugs
  15. Analysis of blood samples taken under section 20 (for alcohol/drugs)
    Schedule 3 Part 4 (24)(8) RDTA (in a fatal crash we can use this)
  16. suspension in force for 14 days
    • – during which time the RTA will assess the incident and may choose to cancel licence for a period
    • Section 223 RDTA, 2013
    • Driving at a Speed Dangerous to the Public
    • Driving in a Manner Dangerous to the Public
    • Any indictable (driving) offence involving GBH
    • Any indictable (driving) offence involving DEATH
  17. Power to suspend license until court date
    • Section 224 RDTA, 2013
    • Drive with Mid Range PCA
    • Drive with High Range PCA
    • Wilfully Alter Concentration of Alcohol
    • Refuse/hinder the taking of blood sample
    • Refuse breath analysis
    • Any indictable (driving) offence involving GBH
    • Any indictable (driving) offence involving DEATH
    • Street racing
    • Aggravated burnout
    • Driving more than 45kph above speed limit
    • L or P holder driving more than 30kph above speed limit, but less than 45kph
    • Unaccompanied Learner driver

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