Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 27

Power of Corporation to require tests to be undergone

27. Power of Corporation to require tests to be undergone



(1) The Corporation may require a relevant person to undergo a test to
determine-

   (a)  if the person is unfit to drive motor vehicles or a category of motor
        vehicles; or

   (b)  if it is dangerous for the person to drive motor vehicles or a
        category of motor vehicles; or



   (c)  whether any driver licence or permit held by the person should be
        subject to conditions and, if conditions are to be imposed, the type
        of conditions to be imposed.

(2) For the purposes of subsection (1), the person may be required to undergo-

   (a)  a test in relation to the person's fitness, including a test in
        relation to the person's health or medication the person is taking and
        its effect on the person's ability to drive; or

   (b)  a test in relation to the person's competence; or

   (c)  any other test the Corporation considers necessary and appropriate in
        the circumstances.

(3) If the Corporation requires a relevant person to undergo a test-

   (a)  the test must be carried out-

   (i)  by a person of the class prescribed in relation to that class of test;
        and

   (ii) in accordance with any relevant guidelines; and

   (b)  the use of the results of the test by the Corporation to determine a
        matter referred to in subsection (1) must be in accordance with any
        relevant guidelines.

(4) No action may be taken against a person who carries out a test under this
section and who expresses to the Corporation an opinion formed by that person
as a result of the test.

(5) No action may be taken against a person who, in good faith, reports to the
Corporation any information which discloses or suggests that a person is unfit
to drive or that it may be dangerous to allow that person to hold or be
granted a driver licence, a driver licence variation or a permit.

(6) In this section- relevant guidelines, in relation to a test undergone by a
person, means guidelines issued by the Minister under section 96B that are
relevant to the test; relevant person means a person who is-

   (a)  the holder of a driver licence or a permit; or

   (b)  an applicant for a driver licence or a permit; or

   (c)  an applicant for the variation of a driver licence.