Stopping Vehicles for Prescribed Purposes

Stopping vehicles for prescribed purposes (see section 60 of the Police Powers and Responsibilities Act 2000)

A police officer may require the person in control of a vehicle, other than a train or vehicle being pulled by an animal, to stop the vehicle:

(i) for enforcing a transport Act;

(ii) to check whether the vehicle or person is complying with a transport Act;

(iii) for monitoring or enforcing a liquor provision (which means any of the following provisions: sections 168B, 169 or 171 of the Liquor Act 1992 or sections 35 or 45 of the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984);

(iv) for enforcing a contravention of law involving putting, dropping and leaving litter on a public place from a vehicle;

(v) to conduct a breath test or saliva test; or

(vi) to investigate the emission of excessive noise from:

(a) a motor vehicle on a road or in a public place; or

(b) a motorbike being driven on a place other than a road;

(vii) to give a noise abatement direction to the person response for the emission of excessive noise from:

(a) a motor vehicle on a road or in a public place; or

(b) a motorbike being driven on a place other than a road;

(For the power to give noise abatement directions, see section 581).

(viii) to impound a motor vehicle under chapter 4 of the Police Powers and Responsibilities Act 2000.

For monitoring or enforcing a liquor provision, the police officer may enter the vehicle and remain in it for the time reasonably necessary, search, inspect, measure, test, photograph or film the vehicle and anything in it, take samples of anything in or on the vehicle, seize evidence, copy a document in the vehicle or move the vehicles load if the officer reasonably suspects the exercise of the power may be effective for the purpose.

For conducting a breath test or saliva test, the police officer may enter the vehicle and remain in it for the time reasonably necessary for the purpose. For example, the police officer may:

(i) hold a breath or saliva testing device in or through an open window of a car so the driver can provide a specimen of breath or saliva; or

(ii) board a boat so the driver of the boat can provide a specimen of breath or saliva.