New South Wales Consolidated Acts

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999 - SECT 24A

24A Power to arrest persons involved in fatal accidents for blood and urine tests

(1) This section applies to a person who:

(a) is at least 15 years old, and

(b) at the time of an accident, was:

(i) driving a motor vehicle involved in the accident, or

(ii) occupying the driving seat of a motor vehicle involved in the accident and attempting to put the motor vehicle in motion, or

(iii) the holder of a driver licence and occupying the seat in the motor vehicle next to a holder of a learner licence who was driving a motor vehicle involved in the accident, and

(c) is not an accident patient within the meaning of section 20.

(2) A police officer may exercise the powers referred to in subsection (3) in relation to a person to whom this section applies if the police officer believes that:

(a) the accident is a fatal accident, or

(b) it is more likely than not that a person will die within 30 days as a consequence of the accident.

(3) A police officer may:

(a) arrest the person without warrant, and

(b) take the person (or cause the person to be taken) with such force as may be necessary to a hospital or other prescribed place, and

(c) detain the person, or cause the person to be detained, at the hospital or other prescribed place to enable the person to provide blood and urine samples in accordance with this Division.

(4) In this Division, "accident" means an accident on a road or road related area involving a motor vehicle or other vehicle or a horse.