155Seizure of monitoring devices and records

#### 155 Seizure of monitoring devices and records 155 Seizure of monitoring devices and records (cf STM Act, s 65) > > (1) A police officer may disconnect and take and retain possession of a monitoring device that is fitted to an applicable motor vehicle, together with any automatic data stored in the device if— > > > > > (a) the vehicle has been involved in an accident in which any person was killed, or > > > > > (b) the police officer reasonably believes that the monitoring device or any part of its mechanism has been improperly interfered with, or > > > > > (c) the police officer reasonably believes that the driver has committed a major offence involving the vehicle during the journey then being undertaken by the vehicle. > > > (2) A police officer or a prescribed officer may take and retain possession of any record carried, pursuant to a requirement of this Part or the statutory rules, by the driver of an applicable motor vehicle if the officer reasonably believes that— > > > > > (a) false entries have been made in the record, or > > > > > (b) the record is unlawfully in the possession of the driver, or > > > > > (c) the record does not relate to the vehicle concerned. > > > (3) A police officer or a prescribed officer may take and retain possession of any document which the driver of an applicable motor vehicle represents to be a record required by this Part or the statutory rules to be carried by the driver but which the officer reasonably believes is not such a record. > > > (4) A person must not obstruct or hinder a police officer or a prescribed officer in the exercise of a power conferred by this section. > > > > Maximum penalty—50 penalty units.