Road Traffic Act 1974

Subject to subsection (2), a person, other than a person to whom section 68A(3) applies, who fails to comply with any requirement of a police officer made pursuant to any of sections 66 to 66E, other than a requirement mentioned in section 66(1aa), 66C(2), 67(1), 67AA(1), 67AB(1), 67AC or 67AD, commits an offence.

This section does not apply to a prescribed sample taker by reason of their failing to co‑operate in the taking of a sample of a person’s blood for analysis.

A person convicted of an offence against this section is liable —

for a first offence, to a fine of not less than 9 PU or more than 24 PU; and the court convicting that person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 3 months;

for any subsequent offence, to a fine of not less than 18 PU or more than 42 PU; and the court convicting that person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 6 months.

For the purposes of subsection (3), where a person is convicted of an offence against this section any offence previously committed by the person against section 63, 64, 64AB, 64AC, 64B(3), 67, 67AA, 67AB or 67AD(4) or (6) must be taken into account and be deemed to have been an offence against this section (but not to the exclusion of any other previous offence against this section) in determining whether that first‑mentioned offence is a first or subsequent offence.

It is a defence to a prosecution for an offence against this section if the accused satisfies the court that there was some substantial reason for the accused’s failure to comply other than a desire to avoid providing information that might be used as evidence.

Where a person is prosecuted for an offence against this section of failing to comply with a requirement to provide a sample of their breath for a preliminary test it is a defence to the prosecution if the accused satisfies the court that they complied, in accordance with section 66, with a requirement mentioned in paragraph (a) or (b) of the definition of requirement in section 67(1) that arose out of —

the accused’s failure to comply with the first‑mentioned requirement; or

the circumstances that gave rise to the first‑mentioned requirement.