Power to conduct random breath testing(cf STM Act, s 13(1) and (3A)–(5))
3 Power to conduct random breath testing(cf STM Act, s 13(1) and (3A)–(5))
A police officer may require a person to submit to a breath test in accordance with the officer’s directions if the officer has reasonable cause to believe that—
the person is or was driving a motor vehicle on a road, or
the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the motor vehicle in motion, or
the person (being the holder of an applicable driver licence) is or was occupying the seat in a motor vehicle next to a learner driver while the driver is or was driving the vehicle on a road.
Before requiring a person to submit to a breath test under subclause (1), and for the purpose of determining whether to conduct such a test, a police officer may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.
Without limiting any other power or authority, a police officer may, for the purposes of this clause, request or signal the driver of a motor vehicle to stop the vehicle.
A person must comply with any request or signal made or given to the person by a police officer under subclause (3).
Maximum penalty—10 penalty units.
This Act’s bill:Explanatory memorandumSecond reading speech
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