ROAD TRAFFIC ACT 1961 - SECT 40K
ROAD TRAFFIC ACT 1961 - SECT 40K
40K—Direction to leave vehicle
(1) This section
applies if—
(a) the
driver of a vehicle fails to comply with a direction given by an
authorised officer under another provision of this Subdivision; or
(b) an
authorised officer believes on reasonable grounds that the driver of a vehicle
is not qualified, is not fit or is not authorised to drive the vehicle.
(2) The officer may do
one or more of the following:
(a)
direct the driver to vacate the driver's seat;
(b)
direct the driver to leave the vehicle;
(c)
direct the driver not to occupy the driver's seat until permitted to do so by
an authorised officer;
(d)
direct the driver not to enter the vehicle until permitted to do so by an
authorised officer.
(3) The officer may
direct any other person to do either or both of the following:
(a) to
leave the vehicle;
(b) not
to enter the vehicle until permitted to do so by an authorised officer.
(4) The officer, being
a police officer, may do one or more of the following if the officer believes
on reasonable grounds that the driver is not fit to drive the vehicle because
of the consumption of alcohol or a drug:
(a)
direct the driver to secure the vehicle and surrender to the officer all keys
to the vehicle that are in the person's immediate possession or in the
vehicle;
(b)
immobilise the vehicle;
(c)
direct the driver not to drive any other vehicle until permitted to do so by a
police officer.
(5) A person commits
an offence if—
(a) the
person is subject to a direction under this section; and
(b) the
person engages in conduct that results in a contravention of the direction.
Maximum penalty: $5 000.
(6) If a police
officer takes possession of keys or (in order to immobilise the vehicle)
components of a vehicle, the officer must—
(a)
advise the driver that the keys or components may be recovered from a
specified police station; and
(b)
cause the keys or components to be taken to the police station.
(7) A police officer
on duty at the police station to which the keys or components are taken under
this section must deliver possession of the keys or components to any person
who the officer is satisfied is lawfully entitled to them and who makes a
request for them at the police station, provided that the officer has no
reason to believe that the person will drive the vehicle but not be qualified
or fit to do so.
(8) In this
section—
"keys" means keys or electronic or other devices for starting or securing a
vehicle.