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ROAD TRANSPORT ACT 2013 - SECT 238 When additional sanctions may be imposed

ROAD TRANSPORT ACT 2013 - SECT 238

When additional sanctions may be imposed

238 When additional sanctions may be imposed

(cf Gen Act, s 218)

A police officer may impose any one or more of the sanctions set out in section 239 if the police officer reasonably believes that a motor vehicle--

(a) is being or has (on that day or during the past 10 days) been operated on a road by an offending operator of the vehicle so as to commit a sanctionable offence, or
(b) is being or has (on that day or during the past 10 days) been operated on a road by a driver (whether or not an offending operator of the motor vehicle) during a number-plate confiscation period, or
(b1) is being or has, on that day or during the past 60 days, been operated on a road by an offending operator of the vehicle to commit a sanctionable offence of a kind specified in section 237(1), definition of
"sanctionable offence" , paragraph (a2), or
(c) is being or has (on that day or during the past 10 days) been operated on a road by an offending operator of the vehicle who has committed an offence against section 243 (Failure to comply with production notice), or
(d) is being operated on a road by a person who has been charged with an offence against section 244 (Number-plate and other offences), or
(e) is the subject of forfeiture under section 245, or
(f) is being operated on a road by an offending operator who is disqualified from holding or obtaining a driver licence so as to commit an offence (not being a camera recorded offence) of driving a vehicle at a speed more than 30 kilometres per hour over the designated speed limit applying to the driver for the length of road at the time the offence is committed, or
(g) is being operated on a road by an offending operator--
(i) who is disqualified from holding or obtaining a driver licence, or
(ii) who has never been licensed,
and who has been convicted of an offence against section 53(3) or 54(1) on 2 or more previous occasions within the past 5-year period.