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5 Main Stakeholders
- Local council
- Health Department
- Engineering - Air bags, better roads
- Education - Media CAmpaings, school programs
- Encouragement - No-claim bonuses, warnings
- Enforcement - Safety cams, Double Demrit
- Evaluation - Trialling, monitoring and implementation of road safety initiatives, looking at statistics
Motor vehicle definition
Means any vehicle that is built to be propelled by a motor that forms part of that 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 the riding or driving of motor vehicles.
Road related area definition
- 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 cyclists or animals
- An area that is not a road and is open to the public for driving, riding and parking vehicles
Definition of Driver
- Means any person driving a vehicle and includes any person riding a cycle and drive includes ride
- The person must have control of the steering, movement, or propulsion of the vehicle
General duties officers roles
- Reduce fatal/serious crashes through high visibility
- Promote voluntery road user compliance with traffic laws
- Detect and prosecute traffic offenders
- Promote the free movement of vehicles and pedestrians
- Be rolemodels to the community through exemplary driving
What are the three factors that are investigated in motor vehicle collisions
S.171 RT(S&TM) Act
- 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
Parts of a Fixed Penalty Notice book:
- Part A: goes to the Infringemnt processing bureau
- Part B: stays in the book
- Part C: goes to the customer
When cant you issue a F.P.N.:
- When outside the time periods
- A fatal collision
- Offence not in fixed penalty handbook
- Under 14 years of age
- Incident not witnessed by police
- Driver of ambo/fire brigade on urgent duty
- Offender is police on duty
- Serious offence by off duty police
Error made on FPN pocedure
- 2 diagonal lines
- Write cancelled between them
- Include short explination of error and cross reference new ticket
- Sign, print name, rank, station, date
- Have supervisor sign cancelled ticket
- send parts A+C to the IPB with part A of correct ticket
When multiple PINs elligible:
Issue the most serious offence
Purpose of narrative on an infingement notice:
- To establish the proofs, set the scene, supply detail of the offence
- Any admission
- Environment and road condition
- Number of passengers
- Other witnesses names
- Estimated speed and direction of travel
- Nearest cross street
- Location opf police vehicle at time of offence
Time frames for a FPN:
- 1 calender month if enquiries complete
- 3 calender months if enquiries incomplete or if waiting for result of blood test
How many FPN's can be issued at once?
First 3 proofs on FPN:
- Motor vehicle
- Road or road related area
'CC' 'DC' 'DX' stand for:
Different types of defects:
- Formal warning
- Major grounding
Can you caution if you are investigating a major traffic crash?
No you cant
Licence class 'C'
- any motor vehicle to and including 4.5 GVM
- which carries up to 12 passengers including the driver
- any implement or tractor
Licence class 'LR'
- any motor vehicle GVM of 4.5 or more but not more then 8
- no trailor to weigh more then 9 GVM
- includes vehicles with GVM up to 4.5 which carry more then 12 adults
Licence class 'MR'
- any motor vehicle with 2 axles and GVM more then 8
- no trailor to weigh more then GVM 9
Licence class 'HR'
3 or more axles and GVM more then 8
Licence class 'HC'
Any semi-trailer or rigid vehicle towing a trailer of more then 9 GVM
Licence class 'MC'
any b-double or road train
- Has anyone been injured/killed in the crash?
- Has a driver invloved in the crash left the scene without supplying details?
- Is anyone involved in the crash under the influence of alcohol or drugs?
- Does any vehicle need to be towed?
Priorities at a crash:
- Attend, assess, advise
- Attend to welfare of injured
- Identify drivers and witnesses
- Breath test drivers
- Identify Point Of Impact
- Ensure free flow of traffic
- Investigate and record details
- Adjudicate who is at fault and deal with them
4 things tow truck drivers must produce on demand:
- Tow authority book
- Tow truck drivers certificate
- Drivers licence for that class of vehicle
- Towing schedule
When will police pay for a tow?
when it is for examination purposes or to be held as an exhibit
When do you contact the Crash Investigation unit?
- All fatal crashes
- Serious injury crashes where there is a likelyhood of indictable charges
- Hit and run involving serious injury or death
- Fatal or serious injury crashes involving police vehicles and members of the service whilst on duty
- Fatal or serious injury crashes resulting from police pursuits, urgent duty or engaged in an operation, whetherthe police vehicle was involved in the collision or not
- Major incidents of an unusual nature or proportion
- Novice: 0.00 --> 0.019
- Special: 0.02 --> 0.049
- Low: 0.05 --> 0.079
- Mid: 0.08 --> 0.149
- High: 0.150 ----->
Who can we breath test?
- Driver of a motor vehicle
- Person in the drivers seat, attempting to put the vehicle into motion
- Supervisor of learner
When can we breath test?
- Manner of Driving
- Breach of road rules
When cant we breath test?
- If admitted to hospital where blood sample will be taken
- If it will be dangerous to a person condition or health
- Anytime after 2 hours
- At the persons usual place of abode
Who are novice range drivers?
P1, P2, Learners, unlicenced driver who has never held
Who are special range drivers?
- Suspended or cancelled driver
- Hire car, taxi, o any public passanger vehicle
- Coach or heavy motor vehicle 13.9 GVM
- Motor vehicle with dangerous goods
- Supervisor of learner in a special catagory vehicle
- Holder of an inapropriate licence
Where do you get the power to arrest for a breath test?
s.13 RT(S+TM) Act
Time limit for blood and urine samples
Time limit for blood sample under s.20
No time limit, as soon as possible though. Age limit of 15.
List the offences for which you would suspend a licence for:
- Mid --> High range PCA
- refuse breath analysis
- Wilfully alter concerntration of alcohol
- Refuse/Hinder blood sample
Breath analysis certificate comes under what section?
Purpose of form of demand:
To inform the driver of their legal obligations to perform the test, and to warn them that to rufuse is to commit an offence.
What must be established to arrest a driver for a blood and urine sample?
Driver must refuse or fail the sobriety assessment.
Under what section can a blood sample be taken from a driver involved in a crash?
i am assuming they want S.20.
6 people who will have a compulsory blood sample taken if they are injured as a result of a motor vehicle crash:
- Driver of a motor vehicle
- Person occupying drivers seat attempting to put it in motion
- Holder of a full licence seated next to a learner
- Rider of a horse
- Driver of a vehicle other then a motor vehicle
What must be proven, other then the drivers actions, for manner dangerous?
That the manner of driving was dangerous to the public.
What 3 circumstances must be proved for proving dangerous driving causing death or GBH?
- Under influence of intoxicating liquor or drugs
- At a speed dangerous to another person
- In a manner dangerous to another person
- Fatal or likely to be fatal crash
- Breath test all uninjured drivers
- If positive - arrest for breath analysis
- If breath analysis positive - charge for relevant PCA offence
- If breath analysis is negative - rearrest for the purpose of obtaining blood and urine sample.
- All drivers involved, not only the offending driver.
Powers of arrest under RT(S+TM) Act:
- S.14: power to arrest for the purpose of a breath analysis
- S.24A: Arrest for blood and urine samples, fatal/likely fatal crash
- S.26: power to arrest for obtaining blood and urine, must fail/refuses assessment of sobriety
A pursuits commences when the police driver decides to continue following a vehicle that has ignored a direction to stop.
Catagory 1 vehicles:
Fully marked police pack sedans, fitted with electronic siren and light bar.
Catagory 2 vehicle:
Unmarked police pack sedan, fitted with siren and portable roof light.
Catagory 3 vehicle:
Sedan and wagons, solo motorcycles, trail cycles
Catagory 4 Vehicle:
Caged truck and other utilities
- Emotional/social costs
- Cost to the community
- Number of deaths
- Number of injuries
- Number of crashes
S.171 RT(general) Act:
Power to demand driver licence and for driver to state name and home address.
S.173 RT(general) Act:
Power to require owner of vehicle to supply identity of driver alleged to committed the offence.
S.13 RT(S+TM) Act:
Power to conduct a breath test.
S.20 RT(S+TM) Act:
Blood sample to be taken in hospital from crash victims if injured and unable to do breath test.
S.23 RT(S+TM) Act:
Analysis of blood samples taken under S.20 for alcohol and drugs.
S.25 RT(S+TM) Act:
Power to conduct an assessment of sobriety.
S.26 RT(S+TM) Act:
Power to arrest for the purpose of obtaining blood and urine samples if person fails/refuses assessment of sobriety.
S.75 RT(S+TM) Act:
Power to remove danger or obstruction to traffic from road/road related area.
Power to prevent driving by persons who are under the influence of alcohol or other drugs, (confiscation of keys).
DUI is largely based on police observations of the drivers ability to operate a motor vehicle.
S.42(1) RT(S+TM) Act:
- Drive a motor vehicle
- Upon a road or road related area
Speed dangerous / manner dangerous:
- Motor vehicle
- Road/related area
- Drive in a manner dangerous/ at a speed dangerous to the public
- Motor vehicle
- in a manner that menaces another person
- intends to menace that person
- ought to have known that the other person might be menaced
- Driver of a vehicle
- While in pursuit of or travelling near another vehicle
- engages in conduct that causes or threatens an impact involving the other vehicle
- And intends to cause a person in the other vehicle actual bodily harm
Dangerous Driving Causing Death or GBH:
- Involving an impact
- Occasioning death or GBH
- and at the time of the impactUnder the influence of intoxicating liquor
- At a speed that was dangerous to another person(s)
- In a manner dangerous to another person(s)
Circumstances of aggravation:
- PCA=0.150 ---->
- 45kph or above the roads speed limit
- Escaping pursuit by police
- Under the influence of a drug or drugs
Confiscate vehicle offences:
- S.40 - races / attempts on speed records
- S.41 - drag racing / burnouts / agg burnouts
Impound section numbers?
S.218 and S.219
When can we impound?
- That day or 10 days after vehicle has committed offence.
- From a public place.
- Private property with occupiers permission or a warrant.
- Person must not
- Road/ related area
- Operate a motor vehicle in such a manner as to cause the vehicle to undergo sustained loss of traction by one or more of the driving wheels of the vehicle.
requires the use of petrol, oil, diesel or other inflammable liquid been placed beneath one or more of the tyres of the vehicle.
Who can suspend:
- R.T.A. and Police:
- Due to demerit points
- Excess speed (30kph over applicable speed limit)
- Fine default
- Due to medical condition
- Police suspension, in accordance with S.204/205 (includes >45kph over limit)
Who can disqualify:
Magistrate at court
Who can cancel:
R.T.A. as a result of assessment of fitness to drive.