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What is a driver?
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 the vehicle.
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What is a road?
An area open to and used by the public & is developed for or has as one of its main uses the riding or driving of motor vehicles (the part of the roadway that vehicles routinely travel on).
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What is a motor vehicle?
Means any vehicle that is built to be propelled by a motor that forms part of the vehicle.
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Proofs for traffic offences?
1. driver 2. motor vehicle 3. Road or road related area 4. Proofs of the specific traffic offence
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What is a road related area?
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 that is open to or used by the public for driving, riding and parking vehicles.
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What are the enforcement options?
Caution, Infringement notice, CAN, FCAN, summons, Arrest and charge
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Infringement notices, what is S.E.I.N.S
Self, Enforcing, Infringement, Notice, Scheme
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What are the disposal options?
Pay the amount on the infringement notice, Complete the court option on the back of the infringement notice
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How many infringement notices can police give an offender at anyone time?
Police can give up to 4 infringement notices to an offender at anyone time. HOWEVER, Not producing licence is not counted in the total, Drive unregistered motor vehicle and drive uninsured motor vehicle count as 1 offence.
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What are the time limits for infringement notices?
1 calendar month to issue infringement notice to offending driver, 3 calendar months if it relates to an injury collision, 3 calendar months if awaiting the result of a blood sample
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What circumstances are infringement notices NOT issued?
When the offence is outside the time limits,.... A fatal collision,....... Offence is not included in the fixed penalty infringement handbook (P23D),...... Children under 14 are involved,....... Actions of driver/rider ( non - Collision) reported by complainant ( not witnessed by police),....... Driver of Ambulance or Fire Brigade vehicle on URGENT duty commits an offence,....... Offender is a police officer ON duty,.... Serious traffic offences committed by a police officer OFF duty
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How many parking Infringements can be issued at one time?
Police may only issue 1 parking infringement notices at any one time to an offender,... Where multiple offences are committed, most serious offence is the one reported
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Road transport act 2013 - section 175, gives you the power to do what?
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.
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RT ACT 2013 - sect 177, gives police the power to do what?
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.
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RT ACT 2013 SECT 177, gives police the power to do what?
Power to remove danger and obstructions to traffic,...... On a road or 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 transportation of materials ( including a building skip)
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What are the powers of arrest in traffic?
Unless specifically provided for ( eg. Arrest for breath analysis - RT ACT 2013 - Schedule 3; or arrest for blood and urine, the general powers to arrest for traffic offences comes from sect.99 LEPRA
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Why do police take action for traffic offences?
> To modify unsafe driving behaviours and habits that contribute to road trauma. > To lessen the emotional, psychological and financial effects road trauma has on the community
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What are the Five E's?
> Engineering > Education > Encouragement > Enforcement > Evaluation
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Who are the major stake holders?
> NSW RMS > Police > Local council > NRMA > Stay safe committee > Motor accidents Authority
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What is the role of the general duties police officers in traffic?
* Reduce fatal/ serious crashes through a highly visible profile * Promote voluntary road user compliance with traffic laws * Detect and prosecute traffic offenders * Promote the free movement of vehicles and pedestrians * Be role models to the community through exemplary driving.
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What is the purpose of ' Description of offence' in a fixed penalty notice
- To link ALL proofs of the offence and clearly establish specifics for the nominated offence and any other relevant information about the offence...... > It can include; Any admissions made, Environment and road conditions, Number of passengers, witnesses names, estimated speed and direction traveling, nearest 'X' street, Location of police vehicle at the time of the offence.
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What should you do if you make an error prior to handing ticket out?
> Two diagonal lines across the top copy and write 'CANCELLED' in between. > Include a short explanation of error and cross reference the new ticket issued. > Sign, print name, rank and station and date. > Have supervisor sign cancelled ticket. > Send parts A and C to the SDRO, along with corrected part A of the correct ticket
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What do you do if you realise you have made an error AFTER you have issued part C to the offender
> Complete part A as per usual and forward to SDRO. Send email to SDRO outlining the discrepancy. > DO NOT retrieve part C which has been issued to the offender.
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Under SECT 76 of the ROAD TRANSPORT ACT, what can a police officer regarding vehicles?
A police officer, or the authority, may inspect a registrable vehicle ( whether or not on a road or road related area) for the purpose of deciding its identity, condition or the status of any registration or permit relating to the vehicle.
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What are the Four types of defect notices and what steps are taken?
> Formal warning; No label, NON safety risk, No FPN, NO clearance required. > MINOR; No label, may constitute safety risk if allowed to be driven beyond permitted time, usually 2 - 14 days for repairs, FPN may be issued, formal clearance required. > MAJOR; Yellow label, Imminent and serious safety risk, usually up to 24hrsfor repairs, FPN may be issued, formal clearance required. > MAJOR GROUNDED; Red label, serious danger if allowed to move, vehicle to be towed away r repaired and defected cleared before being driven, FPN may be issued, formal clearance required
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What are done to the five parts of the defect notice?
> Blue; Original to driver who forwards to RMS when cleared. > Yellow; Drivers to keep as a record. > Pink; Police forward to RMS. > Green; Police keep as a record. > White remains in the defect notice book.
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what is the criteria for an FPN
> Direction, speed > observations of vehicle > upon inspection, close inspection revealed > tyre details > drivers statement in the first person > weather traffic road > if we pull over RBT and result > partners name > arrow picture > number of the defect notice.
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What are the 8 licence statuses?
> Active > Suspended > Disqualified > Cancelled > Unlicenced > Unlicenced - in appropriate class of licence > Unlicenced - other state of territory ( permanently resides) > Unlicenced never held.
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What are the four questions you should ask for a minor or major 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?
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What are the priorities at the station?
The details of the caller > The location of the collision > Any person killed or injured > Any other emergency services required
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What are the priorities of Police 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 and record details > Adjudicate on who was at fault and deal with such under relevant legislation
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according to Rule 287 (2) Road rules what are the duties of a driver involved in a crash?
A driver involved in a crash must supply their required particulars within the required time to: > Any other driver ( or their representative) involved in the crash > Any person injured in the crash > The owner of any property damaged in the crash.
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Rule 287 (3) states?
The driver must supply required particulars to a police officer when: Anyone is killed or injured in a crash > Driver fail to exchange particulars > Vehicles need to be towed as a result of the crash
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Rule 287 (4) states what particulars are required what are they?
Drivers name and address > Name and address of the owner of the vehicle > vehicle rego details > Any other information that is necessary to identify the vehicle > The required time means ASAP but, except in exceptional circumstances, within 24 hrs after the crash.
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what is another requirement that a person involved in crash must tell police?
An explanation of the circumstances of the crash.
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What 4 things must a tow truck driver carry?
1. Tow Authority book 2. Tow truck drivers certificate 3. Drivers licence for the class of vehicle 4. Towing schedule
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What four things must a tow truck have on them?
1. Broom 2. Shovel 3. Rubbish bin 4. Fire extinguisher
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Explain the differences between the number plates of Tow trucks.
All contain TT and either three or four numbers. A truck with four numbers can undertake all types of tows. Three numbered tow trucks cannot tow vehicles from collision scenes
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When do Police organise a tow truck?
> If the driver is taken to hospital - owner pays > Driver cannot decide - owner to pay > Vehicle required for examination purpose or to be held as an exhibit - Police pay
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What circumstances are police able to recommend a particular towing company?
Under no circumstances
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