59General duty of driver or person in charge of motor vehicle

59 General duty of driver or person in charge of motor vehicle S. 59(1) amended by No. 92/2001 s. 17(1). (1) The driver or person in charge of a motor vehicle on a highway has the following duties— S. 59(1)(a) amended by Nos 56/2013 s. 28(1), 46/2024 s. 33(1). (a) to stop the motor vehicle, produce or display for inspection (as the case requires) their driver licence document or learner permit document and state their name and address if requested or signalled to do so by— S. 59(1)(a)(i) amended by Nos 60/1994 s. 29(4)(a)(b), 46/1998 s. 7(Sch. 1), 50/2012 s. 29(9), 70/2013 s. 4(Sch. 2 item 44.9 (a)(b)), 37/2014 s. 10(Sch. item 147.16(a)(i)), 70/2016 s. 41(8)(a), substituted by No. 49/2019 s. 116(Sch. 1 item 154(a)), repealed by No. 30/2021 s. 55(1). S. 59(1)(a)(ia) inserted by No. 49/2019 s. 116(Sch. 1 item 154(a)). (ia) an employee in the Department authorised in writing by the Secretary for that purpose; or S. 59(1)(a)(ib) inserted by No. 41/2020 s. 27(1). (ib) a member of staff of the Regulator authorised in writing by the Secretary or the Regulator for that purpose (an ***authorised Regulator employee***); or S. 59(1)(a)(ii) amended by No. 12/1989 s. 4(1)(Sch. 2 item 105.4). (ii) an officer of or person authorised in writing in that behalf by any municipal council who has reasonable grounds for believing that any provision of the regulations relating to the mass or dimensions of a motor vehicle or trailer or to the number of hours during which a person may drive a motor vehicle or to the carrying of a log book on a motor vehicle is being contravened; and S. 59(1)(ab) inserted by No. 30/2021 s. 55(2), amended by Nos 34/2023 s. 45(1), 46/2024 s. 33(2). (ab) to produce or display for inspection (as the case requires) their driver licence document or learner permit document and state their name and address if requested to do so by a police officer; and S. 59(1)(b) amended by No. 37/2014 s. 10(Sch. item 147.16(a)(ii)). (b) to obey any lawful direction given to him or her by a police officer under subsection (5); and S. 59(1)(c) amended by Nos 37/2014 s. 10(Sch. item 147.16(a)(iii)), 49/2019 ss 116(Sch. 1 item 154(b)), 191(2), 41/2020 s. 27(2). (c) if requested or signalled to do so by a police officer or an employee in the Department authorised in writing by the Secretary for that purpose or a member of staff of the Regulator authorised in writing by the Secretary or the Regulator for that purpose, to stop the motor vehicle, produce for inspection his or her log book, permit any entry in the log book to be copied and permit the person inspecting it to make any entry in it and to search the motor vehicle if that person has reasonable grounds for suspecting that more than one log book is carried on the vehicle; and S. 59(1)(d) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 105.5), 92/2001 s. 17(2), 37/2014 s. 10(Sch. item 147.16(a)(iv)), 49/2019 ss 116(Sch. 1 item 154(b)), 191(2), 41/2020 s. 27(2). (d) if requested or signalled to do so by a police officer or an employee in the Department authorised in writing by the Secretary for that purpose or a member of staff of the Regulator authorised in writing by the Secretary or the Regulator for that purpose or by an officer of or person authorised in writing in that behalf by any municipal council, to stop the motor vehicle and allow it together with its load and any trailer attached to the motor vehicle and the load of the trailer (whether those loads are goods or passengers or both) to be weighed or to be taken to be weighed at a weighbridge or weighing machine that is agreed on by the driver or person in charge of the motor vehicle and the person making the request or, if there is no agreement, at the weighbridge or weighing machine that is nominated by the person making the request. S. 59(1A) inserted by No. 43/2011 s. 40(1). (1A) The driver or person in charge of a motor vehicle that is in, or being driven from or into, a railway car park or municipal council controlled car park at or in the vicinity of a designated place has the following duties— S. 59(1A)(a) amended by Nos 56/2013 s. 28(1), 30/2021 s. 55(3), 46/2024 s. 33(3). (a) to produce or display for inspection (as the case requires) their driver licence document or learner permit document and state their name and address if requested or signalled to do so by a protective services officer; and (b) to obey any lawful direction given to him or her by a protective services officer under subsection (5A). S. 59(2) amended by Nos 43/2011 s. 40(2), 41/2020 s. 42(1), 46/2024 s. 33(4)(a)(b). (2) Subject to subsections (3), (3A), (3B) and (4), a person who fails to do anything that the person is required to do under subsection (1) or (1A), or who when required to state their name and address states a false name or address, is guilty of an offence and liable— S. 59(2)(a) amended by Nos 5/1990 s. 10(1)(a), 43/2011 s. 40(3), 56/2013 s. 28(1), 37/2014 s. 10(Sch. item 147.16(b)), 46/2024 s. 33(4)(c). (a) if the offence consists of failing to obey any lawful direction given by a police officer or a protective services officer or failing to produce or display for inspection (as the case requires) their driver licence document or learner permit document, to a penalty of not more than 5 penalty units; S. 59(2)(b) amended by No. 5/1990 s. 10(1)(b). (b) if the offence consists of failing to produce for inspection his or her log book or failing to state his or her name or address or stating a false name or address or failing to permit an entry in his or her log book to be copied or failing to permit an entry to be made in his or her log book or failing to permit his or her vehicle to be searched for another log book, to a penalty of not more than 5 penalty units or imprisonment for a term of not more than 1 month; S. 59(2)(ba) inserted by No. 30/2021 s. 55(4)(a). (ba) if the offence consists of failing to stop the motor vehicle, to a penalty, in the case of a first offence, of not more than 60 penalty units or imprisonment for a term not more than 6 months or both or, in the case of a subsequent offence, of not more than 120 penalty units or imprisonment for a term of not more than 12 months; S. 59(2)(c) amended by No. 30/2021 s. 55(4)(b). (c) if the offence consists of failing to allow the motor vehicle together with its load to be weighed, to a penalty, in the case of a first offence, of not more than 10 penalty units or, in the case of a subsequent offence, of not more than 20 penalty units or imprisonment for a term of not more than 4 months. S. 59(3) amended by Nos 5/1990 s. 10(2), 89/1991 s. 5(2), 58/1995 s. 15, 56/2013 s. 28(2), 37/2014 s. 10(Sch. item 147.16(b)), 49/2014 ss 36(5), 37(9), 46, 70/2016 s. 21, 68/2017 s. 68(1), 49/2019 s. 116(Sch. 1 item 154(c)), substituted by No. 41/2020 s. 42(2), amended by Nos 34/2023 s. 45(2), 46/2024 s. 33(5)(a). (3) A person who fails to produce or display (as the case requires) the person's driver licence document or learner permit document for inspection when requested or signalled to do so under subsection (1)(a), (1)(ab) or (1A)(a) is not guilty of an offence under this section if the person— (a) is not a relevant person as set out in subsection (3A); and (b) gives a reasonable excuse for the failure; and (c) provides a specimen of the person's signature; and S. 59(3)(d) amended by No. 46/2024 s. 33(5)(b). (d) within 7 days produces or displays (as the case requires) the person's driver licence document or learner permit document at the police station (if any) specified by the police officer or other person who requested its production or display. S. 59(3A) inserted by No. 68/2017 s. 68(2), substituted by No. 41/2020 s. 42(2). (3A) For the purposes of subsection (3)(a), the following persons are relevant persons— (a) a person who holds a probationary driver licence; (b) a person who is driving or in charge of a heavy vehicle or bus in respect of which section 19(5) applies; (c) a person who is driving or in charge of a motor cycle during the period of 3 years from the first issue of a driver licence which authorises the person to drive a motor cycle; S. 59(3A)(d) substituted by No. 30/2021 s. 54, amended by No. 34/2023 s. 45(3). (d) a person to whom section 52 applies by way of section 52(1B), (1BB), (1BBB) or (1BBC). S. 59(3B) inserted by No. 41/2020 s. 42(2). (3B) In calculating the period of 3 years referred to in subsection (3A)(c), any period for which the person's driver licence has been suspended, or the person has been disqualified from driving during that 3 year period, must be excluded. S. 59(4) amended by Nos 92/2001 s. 17(3)(a), 43/2011 s. 40(4). (4) A driver or person in charge of a motor vehicle who fails to stop when required to do so in accordance with subsection (1)(a) or (1A)(a) is not guilty of an offence if— (a) the person making the request or signal is not in uniform; and S. 59(4)(b) amended by No. 92/2001 s. 17(3)(b). (b) the driver or person in charge believed that that person was not— S. 59(4)(b)(i) amended by Nos 60/1994 s. 29(5), 46/1998 s. 7(Sch. 1), 43/2011 s. 40(5), 50/2012 s. 29(9), 70/2013 s. 4(Sch. 2 item 44.9(c)), 37/2014 s. 10(Sch. item 147.16(b)), 70/2016 s. 41(8)(b), 49/2019 ss 116(Sch. 1 item 154(d)), 191(3). (i) a police officer, a protective services officer or an authorised officer of the Department or an authorised Regulator employee, as the case requires; or S. 59(4)(b)(ii) amended by No. 12/1989 s. 4(1)(Sch. 2 item 105.6). (ii) an officer of or person authorised in writing in that behalf by a municipal council. S. 59(5) amended by Nos 92/2001 s. 17(4), 37/2014 s. 10(Sch. item 147.16(c)). (5) A police officer may give such reasonable directions to a person driving or in charge of a motor vehicle on a highway as are, in the opinion of that police officer, necessary— (a) for carrying into execution the provisions of this Act or the regulations; or (b) for the purposes of any traffic survey being carried out in the vicinity of the highway. S. 59(5A) inserted by No. 43/2011 s. 40(6). (5A) A protective services officer may give to a person driving or in charge of a motor vehicle that is in, or being driven from or into, a railway car park or municipal council controlled car park at or in the vicinity of a designated place such reasonable directions as are, in the opinion of the officer, necessary for carrying into execution the provisions of this Act or the regulations. S. 59(6) amended by Nos 53/1989 s. 12(1), 92/2001 s. 17(5)(a)(b). (6) If a driver or person in charge of a motor vehicle who is requested under subsection (1)(d) to allow his or her motor vehicle together with its load to be weighed fails to allow it to be so weighed, the person making the request may impound the vehicle and its load, together with any trailer attached to the vehicle and the load of the trailer, and may cause the vehicle to be driven or towed onto a weighing device or to a weighbridge or weighing machine that is agreed on by the driver or person in charge and the person making the request or, if there is no agreement, to the weighbridge or weighing machine that is nominated by the person making the request, to be weighed. S. 59(7) amended by Nos 92/2001 s. 17(6), 37/2014 s. 10(Sch. item 147.16(d)), 49/2019 ss 116(Sch. 1 item 154(e)), 191(4), 41/2020 s. 27(3). (7) If a motor vehicle that is used on a highway and its load, together with any trailer attached to the motor vehicle and the load of the trailer, exceeds the prescribed maximum weight or any prescribed maximum dimension, a police officer or an employee in the Department authorised in writing by the Secretary for that purpose or a member of staff of the Regulator authorised in writing by the Secretary or the Regulator for that purpose may require the driver or person in charge of the motor vehicle to unload any part of the load that is necessary to bring the motor vehicle, trailer or load within the prescribed maximum weight or dimension. S. 59(8) amended by No. 92/2001 s. 17(7)(a). (8) If a driver or person in charge of a motor vehicle fails to comply with a requirement under subsection (7) to unload— S. 59(8)(a) amended by No. 92/2001 s. 17(7)(b). (a) the driver or person in charge is guilty of an offence and is liable for a first offence to a penalty of not more than 5 penalty units and for a subsequent offence to a penalty of not more than 10 penalty units; and S. 59(8)(b) amended by Nos 53/1989 s. 21(5), 37/2014 s. 10(Sch. item 147.16(e)). (b) the person making the requirement may drive the motor vehicle and the trailer, if any, to a police station or other convenient place and the vehicle, trailer and load may be impounded there by any police officer. S. 59(9) amended by Nos 56/2013 s. 28(3), 8/2018 s. 8, substituted by No. 30/2021 s. 55(5). (9) A reference in this section— (a) to a driver licence document includes a reference to a document evidencing a licence (other than an Australian learner permit) issued under the law of another State or a Territory or in another country authorising the holder to drive a motor vehicle on a highway; and (b) to a learner permit document includes a reference to a document evidencing— (i) a permit or authority to learn to drive a motor vehicle issued under an Act of another State or a Territory which corresponds with this Act; or (ii) a licence, permit or authority to learn to drive a motor vehicle issued in another country. S. 59(9A) inserted by No. 30/2021 s. 55(5). (9A) In addition, a reference to a driver licence document or learner permit document in relation to the driving of a motor vehicle includes, in the case of an automated vehicle, an ADS permit in force for the vehicle. S. 59(10) inserted by No. 53/1989 s. 12(2). (10) Neither the Crown nor the person making a request under subsection (1)(d) or a requirement under subsection (7) nor any other person is liable for any loss or damage occasioned by or arising out of anything done in the exercise or purported exercise in good faith of the powers conferred by this section.