Power to prevent driving by incapable persons
62 Power to prevent driving by incapable persons
S. 62(1) amended by Nos 43/2011 s. 41(1), 37/2014 s. 10(Sch. item 147.20(a)(i)).
A police officer, or a protective services officer on duty at a designated place, who is of the opinion on reasonable grounds that a person, driving or about to drive a motor vehicle, is by reason of his or her physical or mental condition incapable of having proper control of the motor vehicle may do all or any of the following things, namely—
S. 62(1)(a) amended by No. 34/2023 s. 46(1).
forbid that person to drive the motor vehicle or any other vehicle while so incapable;
S. 62(1)(b) amended by No. 34/2023 s. 46(1).
require that person to deliver up forthwith all ignition or other keys of the motor vehicle or any other vehicle in his or her actual possession;
S. 62(1)(c) amended by Nos 43/2011 s. 41(2), 37/2014 s. 10(Sch. item 147.20(a)(ii)).
take such other steps as may in the opinion of the police officer or protective services officer be necessary to render the motor vehicle immobile or to remove it to a place of safety.
S. 62(1A) inserted by No. 111/2003 s. 19, amended by Nos 43/2011 s. 41(3), 37/2014 s. 10(Sch. item 147.20(b)).
Without limiting the grounds on which a police officer or a protective services officer may form the opinion that a person is, by reason of his or her physical or mental condition, incapable of having proper control of a motor vehicle, the fact that—
the person has furnished a sample of breath for analysis by a breath analysing instrument under section 55 and the result of the analysis as recorded or shown by the breath analysing instrument indicates that the prescribed concentration of alcohol or more than the prescribed concentration of alcohol is present in his or her breath; or
a test by a prescribed device under section 55E of a sample of oral fluid provided under that section indicates, in the opinion of the person who carried out the test, that the person's oral fluid contains a prescribed illicit drug—
is of itself a sufficient ground for forming that opinion.
S. 62(2) amended by No. 34/2023 s. 46(2).
Nothing in subsection (1) authorises the detention of any keys of any motor vehicle or other vehicle or the immobilization or detention of any motor vehicle for any longer period than is necessary in all the circumstances of the case in the interest of the person driving or about to drive or of any other person or of the public.
S. 62(3) amended by Nos 43/2011 s. 41(4), 37/2014 s. 10(Sch. item 147.20(c)).
Subject to subsection (4), a person who contravenes any prohibition or requirement made by a police officer or a protective services officer under subsection (1) or in any manner attempts to obstruct any police officer or any protective services officer in the exercise of any power conferred on that police officer or protective services officer by this section is guilty of an offence and liable for a first offence to a penalty of not more than 5 penalty units and for any subsequent offence to a penalty of not more than 8 penalty units or to imprisonment for a term of not more than 1 month.
S. 62(4) amended by Nos 43/2011 s. 41(5), 37/2014 s. 10(Sch. item 147.20(d)).
A court may only find a person guilty of an offence under subsection (3) if the court is satisfied that the police officer or the protective services officer had reasonable grounds for believing that in all the circumstances of the case the action taken by him or her under subsection (1) was necessary in the interest of that person or of any other person or of the public.
S. 63 amended by Nos 14/2000 s. 12, 43/2011 s. 42, 37/2014 s. 10(Sch. item 147.21), 40/2015 s. 7.
This Act’s bill:Second reading speech
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