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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 |
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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 |
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What can you do if a driver has been forbidden from driving? |
Take their keys Immobolise their vehicle and move to place of safety |
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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 |
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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 |
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Intercept motor vehicle, appeared in court for drink driving, court disqualified Offence? PoA? Infringement? |
Drive whilst disqualified Yes PoA No infringement |
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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 |
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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 |
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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 |
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Mobile patrol, conduct a rego check. Rego expired 6 months Offence? |
Use an unregistered motor vehicle Use uninsured motor vehicle |
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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 |
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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 |
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Conducting speed checks. Sign posted 80 kms A person passes doing 93kmph DO you need to prove they passed a sign. |
Yes |
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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 |
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Categories for defects?
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-Formal warning 14-28 days -Minor 2-14 days -Major can use for 24 hrs. -Major Prohibited cannot be used. Must be towed
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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 |
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T/F Red Lights Have to prove person at the time light was red the car was behind the stop line |
True |
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Yellow light Things to consider to charge for running yellow light |
Could they stop safely? Distance, speed from the stop line |
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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
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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 |
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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 |
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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 |
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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 |
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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) |
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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 |
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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" |
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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 |
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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 |
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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 |
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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 |
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Motorbike Helmets |
-Must wear a helmet if riding or a passenger on a motorbike. - No exemptions to wearing a helmet on religious grounds |
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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 |
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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 |
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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 |
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When must you keep left on multilane highway? |
-Speed limit over 80kmph - when a sign says keep left unless overtaking |
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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 |
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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 |
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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 |
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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 |
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What is a public street?
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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 |
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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 |
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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 |
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What is a motor vehicle? vehicle? vehicle? |
Car or motorbike |
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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 |
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Wheeled Recreation Devices |
Treated as a pedestrian. (Skateboard/scooter) Does not require helmet |
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Wheeled toy |
A toy used by a child E.g pedal car, scooter, tricycle or similar Only a child under 12 |
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Stopping on or near a children's crossing |
Must not stop on crossing, within 20 metres in front of crossing, or 10 metres after |
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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. |
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Stopping on or near a marked foot crossing |
Must not stop on, 10 metres before, or 3 metres after |
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Parking near or on bus stops |
Must not stop within 20 metres in front of the sign or 10 metres after sign |
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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) |
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Who can give exemptions for motorcycles |
Registrar of Motor Vehicles |
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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 |
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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 |
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Conditions on using custody: Breath Analysis |
I require you to return to the station with me for the purpose of a breath analysis |
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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 |