AustLII Tasmanian Consolidated Acts

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ROAD SAFETY (ALCOHOL AND DRUGS) ACT 1970 - SECT 5

5. Powers of arrest, &c.

      (1) If a police officer has reasonable grounds to suspect that a person has committed an offence against section 4, the police officer may exercise either or both of the following powers:

(a) arrest the person without warrant;

(b) impound the vehicle driven by the person and have it removed to a convenient place for safe-keeping.

      (1AA) A police officer may –

(a) arrest without warrant a person who, without reasonable excuse, fails or refuses to comply with a requirement or direction, as the case may be, made to that person by the police officer under section 10(4) or 10A(1); and

(b) impound the vehicle driven by the person and have it removed to a convenient place for safe-keeping.

      (1A) Where a police officer has, as a result of a breath analysis, reasonable grounds for believing that a person has committed an offence against section 6 he may arrest that person without warrant, and may impound the vehicle driven by the person and have it removed to a convenient place for safe-keeping.

      (1B) A person entitled to possession of an impounded vehicle may collect the vehicle, or have it collected, from the place to which it has been removed for safe-keeping on payment of the reasonable cost of impounding and removing the vehicle and of its safe-keeping.

      (2) Upon the hearing of any proceedings against a person who has been arrested under this section in respect of the circumstances occasioning the arrest, a court may order the person to pay the reasonable cost of impounding and removing the vehicle and of its safe-keeping.

      (3) Nothing in this section prejudices or affects the operation of section 41A of the Traffic Act 1925.

      (4) A police officer may, for the purpose of performing any function or exercising any power under this Act, enter a motor vehicle using such force as is necessary and reasonable.



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