Road Transport (Alcohol and Drugs) Act 1977
47BPolice may direct person not to drive
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47B Police may direct person not to drive (a) a person has been required under part 2 (Examination of people for alcohol or drugs) to undergo a drug screening test or to give a sample of oral fluid or blood for analysis; and (b) a police officer has reasonable cause to suspect that the person’s ability to drive a motor vehicle safely is impaired by a prescribed Examples—reasonable cause • the way the person is driving • the way the person is behaving • an oral fluid analysis the person was required to undergo indicates that a prescribed drug is present in the person’s oral fluid
(2) The police officer may direct the person not to drive a motor vehicle. (3) The direction must— (a) be in writing; and (b) state the period, not longer than 12 hours, for which the person must not drive a motor vehicle; and (c) be signed by the police officer. (4) The person commits an offence if the person fails to comply with the direction. (5) An offence against subsection (4) is a strict liability offence. (6) On request by the person, the chief police officer may revoke the direction if satisfied on reasonable grounds that the person’s ability to drive a motor vehicle safely is no longer impaired by a prescribed