Drivers of motor vehicles
The police or an inspector (under the Road Traffic Act 1961 ) can ask anyone questions to identify the driver and owner of a motor vehicle. The police or an inspector can also stop a vehicle and ask the driver who the owner and driver is, the type of material being carried and the mass of the vehicle. Police also have the power to give general directions in order to regulate traffic. The penalty for failing to answer truthfully or disobeying the police is a maximum fine of $1000 [Road Traffic Act 1961 ss 38, 41, 42].
The Motor Vehicles Act 1959 requires a driver to produce a licence immediately if asked by the police. If not carrying the licence it must be taken to a police station within 48 hours. The penalty for failing to comply is a maximum fine of $200 [ss 92, 96].
If involved in a vehicle accident all drivers must stop. The driver must assist any injured people and must give their name, address, the registration number of the vehicle, and any other necessary information to any person who has reasonable grounds to ask (for example, any other driver or passenger involved in the accident). The accident must be reported to the police as soon as possible if there are any injuries sustained or if the damage to either vehicle requires them to be towed away. [Australian Road Rules s 287 and see Offences and Duties after Accidents]. It is generally safer to report all accidents. If someone was killed or injured in the accident, you are also required to present yourself to a police officer within 90 minutes to provide particulars and to submit to any test for alcohol or drugs.
Any driver incapable of adequately controlling a motor vehicle, or who has committed a driving offence, or who is involved in an accident, must undergo an alcotest or breath analysis test if asked by the police. Similarly, anyone injured in an accident and admitted to hospital must have a blood sample taken. Even if there is no suspicion of any offence being committed, a driver may also be required to submit to a breath test at a random breath testing station [Road Traffic Act 1961 s 47] see traffic offences.
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Drivers of motor vehicles : Last Revised: Wed Jun 16th 2004 |
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