Road Transport (Alcohol and Drugs) Act 1977
13BPower to require drug screening test if vehicle involved in
Start here
Get a plain-English read of 13B
Turn the raw legal text into a practical explanation grounded in Road Transport (Alcohol and Drugs) Act 1977.
13B Power to require drug screening test if vehicle involved in accident––driver area, a police officer may require a person to undergo 1 or more drug screening tests in accordance with the directions of the officer— person was the driver of the motor vehicle at the time of the the driver of the motor vehicle at the time of the accident; and
13BA Power to require drug screening test if vehicle involved in accident––driver trainer area, a police officer may require a person to undergo 1 or more drug screening tests in accordance with the directions of the officer— person was the driver trainer in the motor vehicle at the time of the accident; or the driver trainer in the motor vehicle at the time of the accident; and
13C Power to require drug screening test for culpable driving—driver and driver trainer (1) A police officer who has reasonable cause to suspect that a person has committed an offence of culpable driving may require the person to undergo 1 or more drug screening tests in accordance with the directions of the officer. (2) A police officer who has reasonable cause to suspect that a person was the driver trainer in a motor vehicle involved in an offence of culpable driving may require the person to undergo 1 or more drug screening tests in accordance with the directions of that officer. (3) The person must remain at the place where the drug screening test is
13CA Power to enter premises for drug screening test (1) This section applies if a police officer— (a) suspects on reasonable grounds that a person— (i) was the driver of a vehicle that was involved in an accident (ii) failed to comply with a police officer’s request or signal to stop a vehicle the person was driving on a road or road (b) suspects on reasonable grounds that the person has committed an offence against one of the following provisions: (i) section 19 (Prescribed concentration of alcohol in blood or breath); (ii) section 20 (Prescribed drug in oral fluid or blood—driver or driver trainer); (iii) section 21 (Prescribed concentration of alcohol and prescribed drug in bodily fluid); (iv) section 24 (Driving under the influence of intoxicating liquor or a drug); and (c) requires the person to undergo 1 or more drug screening tests under this division; and (d) believes on reasonable grounds that the person is on any premises. (2) The police officer may enter the premises, using the force that is necessary and reasonable in the circumstances, for the purpose of requiring the person to undergo 1 or more drug screening tests. (3) A police officer who enters premises under this section must not remain at the premises for longer than is necessary to conduct the required screening tests.