39. Substitution of section 10939. Substitution of section 109

39. Substitution of section 109

For section 109 substitute –

“109 Duty on officers to annotate driver’s work diary

(1) This section applies if an authorised officer or police officer stops a driver for compliance purposes using a power conferred on the officer by the C & E Act. (2) If the officer detains the driver for a period of 5 minutes or longer, the driver may ask the officer to record the following details in the driver’s work diary: (a) the officer’s identifying details; and (b) the time, date and place at which the officer stopped the driver; and (c) the length of time that the driver was stopped while the officer exercised his or her enforcement powers. (3) An officer must comply with a request made under subsection (1). (4) An officer may comply with subsection (2)(a) by recording either her or his name, or her or his identification number. (5) The regulations may further limit the circumstances in which this section applies. (6) In this section, for compliance purposes has the same meaning as it has in section 26 of the C & E Act.

Note: Essentially a power is exercised for compliance purposes if it is used to find out whether laws are being complied with or to investigate breaches or suspected breaches of laws. Thus this section does not apply if an officer stops a vehicle, for instance, when there is a road block, an accident or a detour.”.