South Australian Consolidated Acts

ROAD TRAFFIC ACT 1961 - SECT 47EA

47EA—Exercise of random testing powers

        (1)         The following provisions apply in relation to the exercise of random testing powers consisting of the giving of a direction to stop a motor vehicle or the making of a requirement to submit to an alcotest or drug screening test:

            (a)         a police officer must not give such a direction or make such a requirement unless the police officer is in uniform;

            (b)         if the police officer is driving or riding in or on a vehicle at the time of giving such a direction—the vehicle must be marked as a police vehicle or must be displaying a flashing blue or red light (whether or not it is also displaying other lights) or sounding an alarm;

            (c)         a police officer must not make such a requirement relating to an alcotest unless he or she has in his or her possession, or a police officer in the immediate vicinity of the place at which the requirement is made has in his or her possession, an apparatus of a kind approved by the Governor for the conduct of alcotests;

            (ca)         a police officer must not make such a requirement relating to a drug screening test unless he or she has in his or her possession, or a police officer in the immediate vicinity of the place at which the requirement is made has in his or her possession, an apparatus of a kind approved by the Governor for the conduct of drug screening tests;

            (d)         the Commissioner of Police must establish procedures to be followed by police officers in the exercise of such powers, being procedures designed to prevent as far as reasonably practicable any undue delay or inconvenience to persons being subjected to the powers.

        (2)         Despite any other provision of this Act, if a motor vehicle has stopped in response to a direction given by a police officer in the exercise of random testing powers, a police officer may delay the driver of the vehicle for as long as may be necessary to enable the police officer to ascertain whether the driver holds a current driver's licence or other authority to drive the vehicle.