Traffic patrol techniques
Version : 12.0
Detailed table of contents
This chapter contains the following topics:
Executive Summary
Summary
• Introduction
• Purpose
Your power to stop vehicles and powers once stopped
• Enforcement powers
• Powers for stopping vehicles
• Failing to stop
• Once the vehicle is stopped
-
Requirement to remain stopped
-
Driver licensing
-
Identifying particulars
-
Vehicle search
Risks associated with vehicle stops
• Always consider the risks
• Known-risk vehicle stops
• Unknown-risk vehicle stops
• Contact and cover principle
Types of patrol
• Mobile patrol
• Stationary patrol
• Useful resources
Plan and prepare for patrol
• Plan the patrol route
• Uniform requirements for traffic patrol
Before you stop a vehicle
• Principles
• Stop a vehicle
• Procedure before you stop a vehicle
Alert the driver and position your vehicle
• To alert the driver
• To position your vehicle
Approaching a vehicle
• Vehicle approach procedure
Approaching the driver
• Driver approach procedure
Interviewing the driver
• Identify yourself
• Interview
• When interviewing
• Why this approach is successful
• How to interview
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Executive summary
This chapter provides staff guidance on how to plan and manage a vehicle stop.
Key points for staff to note:
• Focus on taskings that prevent crash and crime.
• Ensure all vehicle stops are lawful.
• Continually assess the risk throughout planning and executing a vehicle stop.
• Be courteous, confident and positive without being confrontational.
• Be alert for danger and constantly monitor the vehicle occupants’ actions, as well as
those of passing traffic and pedestrians.
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Summary
This section contains the following topics:
• Introduction
• Purpose
Introduction
The ‘Prevention First’ strategy requires Police to focus on preventing crime and crashes
before they happen.
Police seek to reduce death and injury on our roads. In line with this strategy, road
policing patrols must focus on prevention of offences and unsafe behaviour. This
includes:
• deterring and detecting offending through intelligence led targeting of specific risk
locations, behaviours, people and organisations
• general deterrence and positive reinforcement of safe behaviours through intelligence
led high visibility patrols in risk locations and at risk times, as informed by
intelligence.
Purpose
This chapter applies to all constables and authorised officers, hereafter referred to as
‘Police’. It gives detailed instructions on:
• your powers to stop vehicles
• how to plan patrols
• carrying out vehicle stops
• interviewing drivers.
Apply TENR at all times during the planning and execution of a vehicle stop.
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Your power to stop vehicles and powers once stopped
This section contains the following topics:
• Enforcement powers
• Powers for stopping vehicles
• Failing to stop
• Once the vehicle is stopped
-
Requirement to remain stopped
-
Driver licensing
-
Identifying particulars
-
Vehicle search
Enforcement powers
Police may stop, enter, search vehicles, and seize evidential material in certain
circumstances as authorised in various legislation. You may also search vehicles for
people in certain legislated circumstances. Ensure you are fully aware of your powers.
Where statute authorises Police to stop a vehicle for a specific period of time, any
extension to that detention will be considered by a court in terms of reasonableness of
Police action in the circumstances.
Powers for stopping vehicles
Police in an approved Police uniform or wearing a distinctive cap, hat or helmet (with a
badge of authority affixed to it) on the roadside, or in a vehicle displaying flashing lights
or sounding a siren, have the power to stop the driver of a vehicle as follows:
Requirement to stop
Legislation Offence
Section 114(1) Land Transport Act (LTA).
It is an offence against 52(1)(c) LTA to fail
An enforcement officer who is in uniform
or refuse to comply with lawful
may signal or request a driver to stop a
requirement to stop.
vehicle as soon as practicable.
Section 114(2A) LTA (subject to
It is an offence against 52(1)(aa) LTA for
subsections (4) and (5)) requires a driver a vehicle that is stopped to not remain
stopped by an enforcement officer to
stopped.
“remain stopped for as long as is
reasonably necessary for the enforcement
officer to complete the exercise of any
powers conferred, or duties imposed on
an enforcement officer by the LTA”.
Section 9 of the Search and Surveillance
Act 2012 (S&S) allows you to stop a
vehicle, when you have reasonable
grounds to suspect a person who is
unlawfully at large or a person who has
committed an offence punishable by
imprisonment, is in the vehicle.
Once stopped you can only demand the
details of the occupant of the vehicle who
you suspect is the person unlawfully at
large or the person who has committed
an offence punishable by imprisonment.
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Section 30 & 32 of the S&S allow the
establishment of an authorised road block
to arrest a person who is unlawfully at
large or a person who has committed an
offence punishable by imprisonment
where there are grounds to believe such
persons are in a vehicle. Section 32 also
allows the stopping of vehicles at the road
block or in the vicinity of the road block.
Once stopped you can only demand the
details of the occupant of the vehicle who
you suspect is the person unlawfully at
large or the person who has committed
an offence punishable by imprisonment.
Note: There is no power to demand the
details of all the occupants of the vehicle
under section 32.
Failing to stop
If the driver of a vehicle fails to stop, lights and sirens must be activated and the ‘Fleeing
driver policy’ complied with.
Note: Section 114(6) LTA allows arrest without a warrant, if you suspect the driver has
• failed to comply with a signal, request or requirement to stop; or
• given false details.
Once the vehicle is stopped
Requirement to remain stopped
(Section 114(2A) & (5) LTA)
You can require the driver to remain
stopped for as long as reasonably
Note: If the driver of the vehicle stops,
necessary to exercise any powers
they are not obliged to remain stopped
conferred by the LTA. But you can only
(section 114(4) LTA) if the Police vehicle
require the driver to remain stopped for
displaying flashing lights or siren does not up to 15 minutes to establish the driver’s
itself stop in the vicinity.
identify.
Caution: You cannot require a driver to
remain stopped longer than 15 minutes
for the purpose of establishing identity.
Once the drivers identify is established,
they are free to go. After a maximum of
15 minutes the driver must be allowed to
leave. However, you may arrest the driver
if you have good cause to suspect false
details have been given.
When conducting breath testing (LTA
sections 68 or 69), then the person tested
(the driver or person suspected of driving)
must remain at the place where the
person underwent the test until after the
result of the test is ascertained.
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Once the vehicle is stopped you can require certain details from the driver and/or
passengers as follows:
Driver licensing
Legislation Offence
Section 5(1) requires a driver to have an
Section 113(2)(e) LTA allows you to forbid
appropriate class of licence to drive a
an unlicensed driver to drive a motor
motor vehicle on a road.
vehicle.
Section 5(4) LTA allows an enforcement
Failed to produce a driver licence for
officer to require a driver to produce a
inspection without delay after being
licence without delay for inspection.
required to do so by an enforcement
officer (precedent code L114 Failed to
produce driver’s licence).
The driver of every vehicle stopped must be breath tested, where practicable. Refer to
the ‘Alcohol and drug impaired driving’ chapter for breath testing procedures.
Identifying particulars
Section 114(3) LTA allows an
s114(6) LTA empowers Police to arrest
enforcement officer to require the driver
without a warrant, if you have good cause
to:
to suspect the driver has failed to comply
• give their full name, full address, date
with any requirement under the section or
of birth, occupation and telephone
has given false or misleading information.
number
• state whether or not they are the
vehicle’s owner, and
• if they are not the owner, give the
owner’s name and address or any
information to help identify the owner.
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When enforcing the LTA or related
legislation, under section 113(2)(a) LTA
an enforcement officer may direct a
person on a road to provide (one or more
of) his or her details as follows provided
that the particulars are for enforcing the
provisions of the LTA or other legislation
specified in section 113(1) LTA:
• full name,
• full address,
• date of birth,
• occupation,
• telephone number
• any other particulars as to his or her
identity, and
• information to identify the driver or
person in charge of a vehicle.
Note: A person on a road can also be
required to provide information leading to
the identification of a person in charge of
a vehicle (unless the person has been
detained or arrested), provided the
information requested is for the purposes
of s113(1) and 113(2)(a) LTA.
There is no power under the LTA to
demand the details of a passenger in or
on a vehicle if they are not suspected of
committing an offence as outlined above.
Once you have stopped a vehicle under
the S&S Act, section 10 S&S allows you to
require the details of the person in that
vehicle suspected to be unlawfully at
large or o have committed an offence
punishable by imprisonment.
Note: There is no power to demand the
details of all occupants of the vehicle
under section 10 S&S, unless they are all
suspected of being unlawfully at large.
Vehicle search
Legislation Offence
Refer to the ‘Search’ chapter of the Police
Manual for details of warrantless searches
and search warrants.
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Risks associated with vehicle stops
This section contains the following topics:
• Always consider the risks
• Known-risk vehicle stops
• Unknown-risk vehicle stops
• Contact and cover principle
Vehicle stops are unpredictable and may be dangerous.
Vehicle stops are classified as:
• known-risk vehicle stops, where Police have information about the vehicle and its
occupants
• unknown-risk vehicle stops, where Police have no information about the vehicle and
its occupants.
Always consider the risks
You must always consider the risks, applying TENR, before undertaking a vehicle stop.
The risks may not become apparent until you approach the vehicle or interact with the
driver. Safety precautions help protect you, your colleagues and the public.
Note: When stopping vehicles, be sure not to create a road hazard by disrupting traffic.
Known-risk vehicle stops
Known-risk vehicle stops occur when Police stop a vehicle knowing that its occupants
may present a risk to Police (and public) safety. This information might come from:
• an unfavourable QVR response, such as:
-
danger flags
-
wanted reference
-
unlawfully taken
• the occupants are known to pose a risk to Police, or
• the vehicle is suspected to have been used to commit an offence.
If you are about to undertake a known-risk stop, you must adopt tactics to mitigate the
risks. See the contact and cover principle below.
Unknown-risk vehicle stops
Unknown-risk vehicle stops occur when the Police do not have specific information to
indicate a risk to employees. Most vehicle stops fall into this category but never-the-less
you must treat these stops with caution.
Contact and cover principle
The contact and cover principle involves
identifying and
communicating the roles of
each officer in any interaction with a potential suspect.
Contact officer
Cover officer
• makes the contact
• remains detached from the interaction
• checks the licence
• observes the scene for risk indications.
• conducts roadside interviews/searches.
A second patrol can adopt the cover role for single crewed units or if the officers involved
are inexperienced.
Note: If a single crewed unit attends to the driver without a cover officer or cover patrol
car, regular contact with the Communications Centre (Comms centre) must be made.
Refer to the ‘Procedure before you stop a vehicle’ section later in this chapter.
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Types of patrol
This section contains the following topics:
• Mobile patrol
• Stationary patrol
• Useful resources
Mobile patrol
The objectives of a mobile patrol are to:
• be seen, particularly in high risk locations at high risk times
• deter and detect crime and/or offenders
• improve driving standards by setting an example
• respond safely to incidents.
Stationary patrol
A stationary patrol reminds the public of the Police presence, encouraging safe driving
and deterring crime and other offending.
It is used at maximum visibility locations in heavy traffic flow and high risk locations,
such as dangerous intersections and high crash areas.
Useful resources
• National Road Policing Guide
• Prevention Guide: Road Policing
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Plan and prepare for patrol
This section contains the following topics:
• Plan the patrol route
• Uniform requirements for traffic patrol
Plan the patrol route
Police is committed to intelligence led policing. From a Road Policing perspective, this
means deploying to meet risk.
Districts must focus on identifying specific road policing risks, especially those related to
crash promoting behaviours, and the tactics that will be used to reduce them. These
tactics are contained in Safer Journeys generally located in the District Tasking (RIOD)
and Coordination SharePoint application (login required) as:
• real time taskings
• monthly taskings, and
• tactical taskings
depending on how your district manages its road policing staff and addresses its road
policing risks.
As part of your patrol planning you should familiarise yourself with key risks in your
area, wherever located. You and your supervisor need to determine what patrol actions
will have the greatest impact on crash reduction. Other intelligence sources may be
available to assist you. Use your local knowledge along with other information and
intelligence to determine where you will be the most effective.
Use information to predict where and when you can make the best differences.
• target to risk from intelligence products, i.e. crash maps, and ask colleagues about
local trouble spots
• are any potential major road blockages, events at sports grounds or special functions
scheduled that may cause traffic problems.
When your patrol is interrupted, for example to attend an incident, you should revert to
your plan once the incident has been dealt with.
Uniform requirements for traffic patrol
All employees undertaking traffic stops at night must wear the high visibility long-
sleeved safety jacket or the high visibility long-sleeved raincoat, as part of their uniform
in compliance with the Police Manual chapter ‘Uniform, dress standards and appearance’-
‘Requirements when wearing uniform’.
The high visibility sleeveless safety jacket may only be worn during daylight hours, as it
does not comply with the night time high visibility standard of the Australia and New
Zealand Standard AS/NZS 4602:20119.
Uniformed employees must wear uniform headgear for all work outside vehicles or
buildings.
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Before you stop a vehicle
This section contains the following topics:
• Principles
• Stop a vehicle
• Procedure before you stop a vehicle
Principles
Conduct each vehicle stop
safely,
effectively,
lawfully and
professionally.
Remember to:
• use the contact and cover principle, and
• constantly be aware safety, not just road safety.
Stop a vehicle
There are four procedures to follow:
• Before you stop a vehicle
• Alert the driver and position your vehicle
• Approach the vehicle
• Interview the driver.
Procedure before you stop a vehicle
Follow these steps before you stop a vehicle.
Step Action
1
Observe activity in the vehicle such as occupants preparing firearms, hiding
evidence or acting suspiciously.
Caution: If you suspect the occupants have firearms, you must stop the
vehicle in accordance with the High Risk Vehicle Stops (within your PITT
training) procedure while applying TENR.
2
Know why, and plan how, you are going to stop the vehicle applying TENR.
3
Where appropriate use your Mobility device to log the 3T, prior to engaging
with the driver. Do not hesitate to use the radio if any safety concerns arise,
prior to or during the vehicle stop - communicate the location, event and
concerns to the Communications Centre (Comms) via the radio.
When notifying Comms of a 3T, advise Comms of any safety concerns,
including:
• the person(s) who would commonly use the vehicle being stopped
• an occupant of the vehicle
• location
• registration of vehicle stopped.
• Using the radio also gives other patrols awareness of your location if you
require assistance.
4 Assess
the
risk. Consider the:
• known history of the owner and occupants
• proximity of the nearest back-up patrol.
5
If there are suspicious circumstances, advise Comms of:
• the vehicle’s direction of travel
• a description of the occupants
• how you plan to stop the vehicle
• your back up requirements.
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6
Request back-up early if needed based on any real or potential threats
identified from your risk assessment. Follow the vehicle and stop it only once
back-up is present.
7
Decide where you will stop the vehicle. Above all, the place should be safe
and well lit in a built-up area where you have plenty of room to move.
For public safety, there should be:
• no obstructions
• no risk of crash
• room for the occupants to get out safely.
Note: Avoid stopping on corners or outside licensed premises.
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Alert the driver and position your vehicle
This section contains the following topics:
• To alert the driver
• To position your vehicle
To alert the driver
Once you have selected a suitable location to stop the vehicle, based on TENR, alert the
driver by following these steps.
Step Action
1
Activate your vehicle’s blue and red lights and use the siren to indicate your
intention to the target driver.
Note: It is recommended that you always activate your siren, even if it seems
unnecessary. It will assist you in supporting a case of failing to stop or failing
to remain stopped. In such cases you must satisfy the court that the driver
had clearly heard and seen the patrol vehicle.
2
Where possible, while following the driver keep to the right so they have a
clear view of you in their interior and exterior mirrors.
3
Use your indicators to signal your intention to pull over to the left. Then use a
hand signal or the PA system to direct the driver to stop in a safe location.
4
Check the traffic behind you.
5
Once you have attracted the driver’s attention, and it is obvious the driver is
pulling over, immediately cover the brake and be ready to brake in a
controlled manner.
6
Allow a safety margin in case the driver panics and brakes abruptly.
7
If you are in an unmarked car, allow a greater safety margin than usual
because of a possible delay in the driver’s response.
8
Keep a watch on activities inside the car at all times.
To position your vehicle
Once have you alerted the driver, position your vehicle by following these steps and
applying TENR throughout.
Step Action
1
Once the driver understands they are required to stop, allow them to stop
safely.
2
Slow down carefully and position your vehicle approximately a car length
behind the other vehicle and 1 metre to the right of their vehicle.
3
Position your vehicle to create a safety zone in which to walk towards the
other vehicle.
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Approaching a vehicle
Vehicle approach procedure
Follow these steps when initially approaching a vehicle and apply TENR.
Step Action
1
Where appropriate use your Mobility device to log the 3T, prior to engaging
with the driver. Do not hesitate to use the radio if any safety concerns arise,
prior to or during the vehicle stop - communicate the location, event and
concerns to the Communications Centre (Comms) via the radio.
When notifying Comms of a 3T, advise Comms of any safety concerns,
including:
• the person(s) who would commonly use the vehicle being stopped
• an occupant of the vehicle
• location
• registration of vehicle stopped.
Using the radio also gives other patrols awareness of your location if you
require assistance.
2
Before you get out of your vehicle, consider:
• your reason for the stop
• the number or type of occupants
• location
• surrounding traffic
• back-up availability.
3
At night, use your forward facing ‘take down’ lights only briefly to scan the
inside of the suspect vehicle.
Caution: Do not leave the ‘take down’ lights switched on, as they reduce the
contact officer's vision of the suspect vehicle.
4
Decide whether it is appropriate to turn your flashing blue and red lights down
to the secondary setting; and check that ATIS has been activated (where
fitted) before taking the keys out of the patrol vehicle ignition.
5
Use the contact and cover principle to approach the suspect vehicle. Discuss
these roles with your partner, so each knows what the other is doing.
6
Always remove the patrol vehicle’s ignition keys before leaving the vehicle.
7
Use the safety zone created by the patrol vehicle's position to protect you
from passing traffic.
8
If you are the contact officer, it is usual to approach the driver’s side of the
vehicle scanning for hazards as you approach. Follow these steps:
• pause at position “A” (see diagram below) long enough to make contact
with the driver and assess any danger
• move past and stand at position “B” for any interview and interaction with
the driver.
Note: this position allows you to keep both the driver and
approaching traffic in view
• stand in position “C” in instances of heavy traffic flow. It may be safer to
approach the vehicle from the passenger side.
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9
Pause to reassess the risks.
10
Scan the condition of the suspect vehicle. In particular, take note of the boot
lock, contents of seats and the demeanour of the occupants.
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Approaching the driver
Driver approach procedure
Follow these steps when approaching the driver and apply TENR.
Step Action
1
Where there is risk of drive-off, instruct the driver to turn off their ignition.
2
If a driver refuses your request to remain in the car, invite the driver to the
side of the road near the rear of the car (see picture below). From this
position, the cover officer can observe the interview and you can withdraw to
the Police vehicle if necessary.
3
Never stand or conduct an interview in the area between the two cars. If your
patrol vehicle is struck from behind, it may be shunted forward and into the
suspect vehicle.
4
If the driver gets out of the vehicle:
• ask them to return and stay seated in the vehicle, and
• if this request fails, follow step 2 above.
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Interviewing the driver
This section contains the following topics:
• Identify yourself
• Interview
• When interviewing
• Why this approach is successful
• How to interview
Identify yourself
If the vehicle has been stopped because you believe an offence, other than a driving
offence, has been committed, the contact officer must:
• if not in uniform, identify themselves by name
• produce evidence to show they are a Police employee (if not in uniform)
• if you intend to search the vehicle for a person or evidential material, you must
comply with section 131 S&S Act 2012. You must:
-
identify yourself by name or unique identifier
-
if not in Police uniform produce identification
-
announce your intention to enter and search the vehicle
-
state the reason for the search
-
state the act under which the search is taking place (S&S Act).
See ‘Vehicle search’ for further details.
Interview
The first 60 seconds are the most important, as this is considered the critical period in
the officer/driver roadside interaction.
The incident or occurrence from the driver’s perspective may be considered ‘negative’
from the point the vehicle is stopped until they are spoken to by the contact officer. The
contact officer sets the scene for the interaction in the first 60 seconds.
When interviewing
Don’t . . .
Do . . .
• apologise for the stop
• be courteous, confident and positive
• show any outward signs of annoyance,
without being confrontational
anger or irritation
• keep your approach neutral and fair
• react to any smart, patronising or
• be alert for danger and constantly
irritating remarks from the driver or
monitor the vehicle occupants’ actions,
occupants
as well as passing traffic and
• be drawn into an argument (keep
pedestrians
conversation to a minimum)
• always ‘keep your cool’.
• cause a driver to lose face, especially in
front of their family or friends
• threaten the driver
• delay the driver unnecessarily.
Why this approach is successful
This approach is successful because:
• it reduces potential for conflict in traffic enforcement and helps maintain public co-
operation
• when used consistently, the public knows what to expect and that reduces uncertainty
and the potential for conflict
• it is sure and reliable and improves officers’ confidence and professionalism
• it aligns with the principles of Service First.
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How to interview
Follow these steps when interviewing people stopped in their vehicles.
Step Action
1
Greet the driver by:
• saying “Good morning, sir/madam/driver” (for example) until you find out
their name.
Consider introducing yourself by name and station.
2
Explain firmly yet politely the reason for the stop. For example, “I have
stopped you because I checked your speed at 70 km/h in a 50 km/h area”.
Note:
Do not ask the driver if they know why the car has been stopped. This
invites a denial and subsequent confrontation.
3
Ask for an explanation for the driver’s actions and:
• listen attentively
without interrupting or commenting
• note the explanation in your notebook to use as evidence later if necessary.
4
Ask for their driver licence to verify the driver’s identity. Check the contents of
the licence including that:
• the picture is an accurate likeness
• it is not expired
• the driver has the appropriate class of licence to drive that vehicle
• any restrictions or conditions on the licence are complied with.
Keep the licence temporarily if you intend to issue an infringement offence
notice (ION) or if you intend to prepare a charging document. Ask for the
driver’s particulars (section 114(3)(b) LTA):
• full name
• full address
• date of birth
• occupation
• telephone number
• state whether they are the owner of the vehicle or not
• give the vehicle owners name and address.
After this, you may address the driver by name.
Note: Mobility allows you to quickly scan a driver licence, Transport Service
Label label or, Road User Charges label and vehicle licence label to enable
quick check against details held in NIA (including Driver Licence version). This
data can then be used to populate an ION or WTW if required.
5
Conduct a passive breath test on the driver. If appropriate, continue
breath/drug test procedures in accordance with the ‘Alcohol and drug impaired
driving’ chapter.
6
Inspect the vehicle for defects.
• Check that the front registration plate number matches the rear.
• Check and note the Evidence of Vehicle Inspection (WOF or COF label) and
licence label expiry dates, and that all relevant details match.
• Be alert for evidence of other offending, including criminal or drug related
matters.
Note: Refer to the Safe Driver – Safe Vehicle video for further guidance.
7
If appropriate or necessary, return to the patrol vehicle to confirm the
information and details given by a QV, QP or QDL.
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8
Discretion - a certain level of discretion is permitted when considering what is
the most appropriate action. See the ‘Speed enforcement’, ‘Traffic compliance
scheme’ and ‘Written traffic warnings’ chapters of the Police Manual for further
information.
9
If an offence notice is required, tell the driver you are going to issue one.
• Fully complete the notice.
• Explain the details of the notice to the driver.
• Hand back the driver licence with the notice.
10
Leave your patrol car’s warning devices on until the stopped vehicle has safely
re-entered the traffic flow and you have moved off, or out of the safety zone
position to the side of the road.
Note: These steps relate to exercising your powers as conferred by section 114 LTA,
which gives Police the authority to stop and speak with a driver for traffic related
offending. You need to be familiar with those powers.
This is an uncontrolled document printed for reference only.
The controlled document can be found in the Police Instructions site which is accessible via the New Zealand Police Intranet.
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