New South Wales Bills Explanatory Notes New South Wales Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
Keys and Driving Prevention) Bill
1998
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Under proposed section 26A, if a police officer is of the opinion that a person
who is driving (or about to drive) a motor vehicle is under the influence of
alcohol or any other drug, the police officer may prohibit the person from
driving and require the person to hand over the ignition keys to the police
officer or to another responsible person in the company of the person driving
or about to drive. The police officer may also take action to have the motor
vehicle immobilised or removed to a place of safety. If the person
contravenes any such prohibition or requirement, or attempts to obstruct the
police officer in exercising the officer's powers under the proposed section,
the person will be guilty of an offence (maximum penalty 10 penalty units).
A consequential amendment is also made to section 17 of the Traffic Act
1909 to ensure that police officers will not be liable for any action that they
take in relation to the confiscation of keys, or the immobilisation, detention
or removal of motor vehicles, under proposed section 26A.
Clause 2 provides for the commencement of the proposed Act on a day to
be appointed by proclamation.
Clause 3 is a formal provision giving effect to the amendments to the Traffic
Act 1909 set out in Schedule 1.
Schedule 1 amends the Traffic Act 1909 as described in the above overview.
Explanatory note page 2