Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A member of the
Police Force may require —
(a) the
driver or person in charge of a motor vehicle; or
(b) any
person the member of the Police Force has reasonable grounds to believe was
the driver or person in charge of a motor vehicle,
to undergo an
assessment of drug impairment if a member of the Police Force has reasonable
grounds to believe that the person is, or was while driving or attempting to
drive the motor vehicle, impaired by something, other than alcohol alone,
affecting the person’s capacity to drive a motor vehicle.
(2) Where a member of
the Police Force —
(a) has
reasonable grounds to believe that the presence of a motor vehicle has
occasioned, or its use has been an immediate or proximate cause of, personal
injury or damage to property; and
(b) does
not know, or has doubt as to, who was the driver or person in charge of the
motor vehicle at the time of that presence or use,
but has reasonable
grounds to believe —
(c) that
the person may have been the driver or person in charge of the motor vehicle
at that time; and
(d) that
the person was at that time impaired by something, other than alcohol alone,
affecting the person’s capacity to drive a motor vehicle,
a member of the Police
Force may require the person to undergo an assessment of drug impairment.
(3) For the purposes
of subsection (1) or (2) a member of the Police Force may require a
person who is required to undergo a driver assessment to wait at the place at
which the requirement was made.
(4) Where a person
required under subsection (1) or (2) to undergo a driver assessment is in
a motor vehicle, a member of the Police Force may require the person to leave
the vehicle for the purpose of undergoing the assessment.
(5) A person who is
required to undergo a driver assessment shall comply with that requirement by
undergoing the assessment in accordance with the directions of a member of the
Police Force.
(6) A person shall not
be required to undergo a driver assessment if it appears to a member of the
Police Force that —
(a) the
driver assessment could not be conducted within 4 hours after the time at
which driving, attempted driving, use or management of a motor vehicle in
circumstances giving rise to the requirement is believed to have taken place;
or
(b)
because of the person’s physical condition the person is incapable of
undergoing the driver assessment.
(7) A driver
assessment shall be conducted by a member of the Police Force in accordance
with regulations prescribing the procedure for assessing drug impairment.
[Section 66A inserted by No. 6 of 2007
s. 9.]