Western Australian Consolidated Acts

ROAD TRAFFIC ACT 1974 - SECT 71B

71B .         Power to prevent use of vehicle by suspected offender

        (1)         If a member of the Police Force has reason to suspect that a person (the offender ) is driving, is attempting to drive, has driven or has attempted to drive a motor vehicle in contravention of section 63, 64, 64AA, 64A, 64AAA or 64AB, the member of the Police Force may require the offender to immediately hand over all keys to any motor vehicle that are there and then in the offender’s possession —

            (a)         to the member of the Police Force; or

            (b)         to another person who is in the company of the offender if the member of the Police Force is satisfied that the person —

                  (i)         is authorised to drive the vehicle on a road; and

                  (ii)         is responsible and is able to drive the vehicle properly.

        (2)         A member of the Police Force may make a requirement under subsection (1) if satisfied that the requirement is necessary in the circumstances and is in the interest of the offender, or of any other person or of the public, and may do so whether or not the offender has been or is to be charged with an offence.

        (3)         If keys to a motor vehicle are handed over under subsection (1)(a), a member of the Police Force may take any steps that, in the opinion of the member of the Police Force, are appropriate and practicable in order to ensure that the vehicle is not causing any obstruction to traffic and is secure.

        (4)         Those steps may include moving the vehicle to a more suitable place.

        (5)         If a person requests a member of the Police Force to hand over to the person keys to a motor vehicle that have been handed over under subsection (1)(a), the member of the Police Force is to comply with the request if satisfied that the person —

            (a)         is entitled to lawful possession of the vehicle or is in the company of a person who is entitled to lawful possession of the vehicle; and

            (b)         is authorised to drive the vehicle on a road; and

            (c)         is responsible and able to drive the vehicle properly.

        (6)         Before keys to a motor vehicle are handed over to a person under subsection (1)(b) or (5) a member of the Police Force may, for the purposes of subsection (1)(b)(ii) or (5)(c), require the person to provide a sample of the person’s breath for a preliminary test in accordance with the directions of the member of the Police Force.

        (7)         If keys to a motor vehicle are not handed over within 24 hours after a request is made under subsection (5), the offender may apply to the Magistrates Court, in accordance with its rules of court, for an order for the keys to be handed over to a person named in the application.

        (8)         A person who —

            (a)         contravenes any requirement made by a member of the Police Force under subsection (1); or

            (b)         attempts in any manner to obstruct a member of the Police Force in the exercise of any power conferred on the member of the Police Force under subsection (1), (3) or (4),

                commits an offence.

        Penalty: 8 PU.

        [Section 71B inserted by No. 6 of 2007 s. 16; amended by No. 39 of 2007 s. 38 (correction to reprint in Gazette 19 Oct 2010 p. 5202).]