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56 Cards in this Set

  • Front
  • Back

When can you use your discretion?

1. Inadvertently


2. Minor in nature


3. Without evil intent


4. Accidental

What are the arrest powers in relation to providing name and address

When they provide a false name


Refuse to provide a name and address


Reasonable suspicion they are lying about name and address

What can you do if a driver has been forbidden from driving?

Take their keys


Immobolise their vehicle and move to place of safety



If they disagree with the decision to forbid them from driving who can they appeal to?

Officer of rank of Inspector or above


A medical practitioner

You intercept a motor vehicle due to an accumulation of demerits points and they are suspended.


What's the offence?


Poe?


Can they receive a pin?

Driving whilst driver licence suspended


No PoA


No infringement

Intercept motor vehicle, appeared in court for drink driving, court disqualified


Offence?


PoA?


Infringement?

Drive whilst disqualified


Yes PoA


No infringement

Intercept motor vehicle, licence check and they have never held a licence


Offence?


PoA?


Infringement?

Driving whilst not holder of licence


No PoA


No infringement

Intercept vehicle, licence check, expired 46 days ago, driver forgot to renew


Offence?


PoA?


Infringement?

Drive whilst not the holder of a licence


No PoA


Yes Infringement

Vehicle intercept, 39km over speed limit two months ago. She got a pin which she paid. Has received notice she has been disqualified for 3 months.


Offence?


PoA?


Infringement?

Drive whilst disqualified


PoA Yes


Infringement No

Mobile patrol, conduct a rego check. Rego expired 6 months


Offence?

Use an unregistered motor vehicle


Use uninsured motor vehicle

Rego check on car. Rego expired 4 months ago, no one present


Offence?


Power to seize plates?

Unregistered motor vehicle in a public street.


Yes can seize plates, expired over three months

Speed checks in a built up area, person travelling at 65 kph.


Do you need to prove they went past a speed sign?

No because its a built up area.


Default limit of 50km

Conducting speed checks.


Sign posted 80 kms


A person passes doing 93kmph


DO you need to prove they passed a sign.

Yes

Exemptions from speeding under Rule 305

-Nothing to do with discretion


-Driver is taking reasonable care


- It is reasonable that the rules didn't apply


-vehicle is a motor vehicle that is moving, or flashing red and blues and sounding alarm


- If fitted, or it's not reasonable to do so under the circumstances

Categories for defects?


-Formal warning 14-28 days


-Minor 2-14 days


-Major can use for 24 hrs.


-Major Prohibited cannot be used. Must be towed


Who can clear for the defect categories

-Formal: self clear


-Minor: self clear or authorised inspection at AIS


-Major: cleared by AIS



28 days to return defect clearing notice, excludes formal warning

T/F


Red Lights


Have to prove person at the time light was red the car was behind the stop line

True

Yellow light


Things to consider to charge for running yellow light

Could they stop safely?


Distance, speed from the stop line

Name defences to parking offences?

-Stop to avoid collision


-Drivers vehicle disabled


-Driver stops to deal with medical emergency


-Driver stops in interest of safety due to condition of the driver, passenger


Directed to do so by police


When can you stop on a no parking sign?

Must not stop unless


- is dropping off, or picking up passengers, or goods


- Does not leave vehicle unattended (No further that 3 metres)


- stays no longer than 2 minutes

4 times you can seize a vehicle

Police may seize or move a vehicle to safe storage if:


- it's obstructing access to or from adjacent land


-Officer reasonably believes it is abandoned


- officer reasonably believes it has been left in a dangerous position


- It has been involved in an accident and the officer reasonably considers that it may need to be examined or used as evidence

Rules around uncontrolled intersections?

- must not enter an intersection unless they can drive through


-indicating on and off roundabout. Indicate right and then left when leaving roundabout


-slip lane, and merging, B pillar needs to be in front- Zipper rule

Proceedings Against Traffic Offenders


What is a person admitting by accepting a PIN?


Can you summons instead of a PIN?

They accept everything in Pin to be true and correct


Yes

When can you not issue a PIN?


-Never held licence of relevant class


-Unlicensed more than 3 months


- A level 3 crash (serious crash)


- Serious aggravation to charge (e.g. speed, school zone, public place)


-16 years of age or younger (L1)

When cannot issue caution?

-Person/vehicle involved in a crash


- offence committed is against safety alcohol and drugs act or involves exceeding the speed by over 38 kilometres


-More than one offence committed


- offence is detected by a photographic detection device


-offender doesn't admit offence or won't accept caution


-where it is known the person has been cautioned for any moving traffic offence in last 3 years

Issuing notices at traffic crash


What makes up a level 2 crash file?

-An infringement notice


-Driver admission statement



May issue in level1-2 crash with certain provisions


Obtain "driver admission statent"

Seatbelts


A passenger in a motor vehicle that is moving or stationary but not parked, must comply with with seat belt rule, if he or she is?

- 16 years or older and (16 years, responsible for self wearing seat belt- offence: passenger 16 years or older failing to wear a seatbelt)


-Not exempt from wearing a seatbelt



Driver is responsible for people under 16 years

Restraints for children

-6 months= rearward facing baby capsule


-6 months-4 years= forward or rear facing approved child restraint


- 4 years-7 years= forward facing, properly fitted H harness seat, or a booster with a properly fitted seatbelt


- 7 years -16 years= restrained in suitable approved child restraint, or must occupy a seating position fitted with suitable approved seatbelt

Mobile patrol, youth moving around vehicle with no seatbelt, under 15 years old


What offence has been committed

PIN to the driver as passenger is under 16


Offence- failed to restrain passenger under 16 years old

Exemptions from wearing a seatbelt?

-No seatbelt fitted-pre 1971


-medical certificate


- Frequent intervals, door to door deliveries travelling 25km or less


- Travelling in a police vehicle


Travelling in ambulance

Motorbike Helmets

-Must wear a helmet if riding or a passenger on a motorbike.


- No exemptions to wearing a helmet on religious grounds

Restriction to being a motorbike passenger

-Must face forward on motorbike and have feet on footrest.


- must be at least years old and able to reach pegs.


If under 8 must be in side car

Lane filtering


- Only on a motorcycle with a full licence rider


- Must not filter if unsafe


- No faster than 30kmph


- Not a school zone


- Not between a curb and car


- Not next to parked cars


- offence= Unlawfully lane filtering

Driver must not use phone while driving EXCEPT?


- To receive and make call using one touch only and mounted to vehicle


- using Bluetooth and voice activitated

When must you keep left on multilane highway?

-Speed limit over 80kmph


- when a sign says keep left unless overtaking

Reckless driving/Dangerous driving?

-Dangerous and likely to cause injury


- reckless- evading, conscious decision made


- Negligent driving= No thought given


-Drive without due care


- Drive without due consideration

Minor Crashes- Level 1and 2


What do you do when attending

- Attend scene, priority is safety for self and other officers


- Check injuries


- If vehicle in hazardous position move off roadway or if not drivable call how truck


- Allow normal traffic flow asap


- Does are owners responsibility however we can arrange. Ask owner if they have preferred how company. If they do not have one contact VKT for rostered how


- If car hit power pole contact aurora


- Breath test all drivers involved except if there is an injury. In this case have blood tested


- obtain particulars from drivers and witnesses, get contact details for witnesses to take statement later


- Make sufficient noted at scene to complete crash report

Required Particulars at a Crash Scene?

-Name and address of driver and registered owner


- Registration details of the motor vehicles


- Any other identification of the motor vehicle

Prescribed offences for which we can clamp?


- Unlawful entry onto land


- Dispersal of persons


- Evade police


- Evade police with aggravating circumstances


- Hooning


- Racing a motor vehicle


- Reckless and dangerous driving


- Speeding 45kmph or over


- Disqualified driving for second time

What is a public street?


Any street, road, lane, thoroughfare, footpath, bridge, or place open to OR used by the public, or to which the public have or are permitted to have access, whether on payment of a fee or otherwise

What is a road?

A road is an area that is open or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles

What is a road related area

-An area which divides a road


-A footpath or nature strip adjacent to a road


- An area that is not a road and that is open to the public and designated for use by cyclists 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 is a motor vehicle?


vehicle?


vehicle?

Car or motorbike

What is not not a motor vehicle?

-plane


-train or tram


- electric bike


- lawn mower that travels less than 10 kmph


- electric wheelchair


- electric scooter


- bobcat or digger


-forklift

Wheeled Recreation Devices

Treated as a pedestrian. (Skateboard/scooter) Does not require helmet

Wheeled toy

A toy used by a child


E.g pedal car, scooter, tricycle or similar


Only a child under 12

Stopping on or near a children's crossing

Must not stop on crossing, within 20 metres in front of crossing, or 10 metres after



Stopping on or near pedestrian crossing

A driver must not stop on, or within 20 metres in front of crossing, or 10 metres after crossing.

Stopping on or near a marked foot crossing

Must not stop on, 10 metres before, or 3 metres after

Parking near or on bus stops

Must not stop within 20 metres in front of the sign or 10 metres after sign

Facts to include for traffic offences

-Traffic: light/moderate/heavy


- Road: dry/wet/patchy/gravel etc


- Passengers: 2 males etc (positions in car may be relevant)

Who can give exemptions for motorcycles

Registrar of Motor Vehicles



Liabilty to submit to a breath analysis

-Alcohol in blood and drove on a public street


- Commits a moving offence or causes death by dangerous driving


- Vehicle involved in a crash

Relevant times- Police have 5 hours to commence a breath analysis, blood test or medical examination

- RBT: Last act of driving


- Conduct: time person found by police


- Offence: time offence was committed


- Crash: time located at or near scene; time located at or en-route to medical treatment; otherwise the time of the crash


-DUI drugs; last act of driving


-OFT: last act of driving

Conditions on using custody: Breath Analysis

I require you to return to the station with me for the purpose of a breath analysis

Conditions of custody: What to say if they refuse to come for breath analysis

I am placing you in custody for the purpose of a breath analysis