ACTIn ForceAct
Road Transport (General) Act 1999
81APower to inspect interlocks in motor vehicle
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81A Power to inspect interlocks in motor vehicle
(1) This section applies if a police officer or authorised person suspects
on reasonable grounds that—
(a) a person is driving a motor vehicle on a road or road related area;
and
(b) the person is an interlock driver.
(2) The police officer or authorised person may––
(a) stop and detain the motor vehicle; and
(b) enter the vehicle to inspect and test any interlock that is installed
in the vehicle to find out whether the interlock––
(i) is a fitted interlock; and
(ii) is operating correctly or has been tampered with.
Example––tampering
removing or interfering with a tamper-evident seal on the fitted
interlock
(3) In exercising a power under subsection (2) in relation to a vehicle, a
police officer or authorised person—
(a) may use the assistance that is necessary; and
(b) must search the vehicle in a public place or somewhere else to
which members of the public have ready access; and
(c) must not detain the vehicle for longer than is necessary and
reasonable to search it; and
(d) may use the force that is necessary and reasonable in the
circumstances, but must not damage the vehicle by forcing open
a part of the vehicle unless—
(i) someone apparently in charge of the vehicle has been given
a reasonable opportunity to open that part; or
(ii) it is not possible to give anyone apparently in charge of the
vehicle a reasonable opportunity to open that part.
(4) In this section:
fitted interlock––see the Road Transport (Driver Licensing)
interlock––see the Road Transport (Driver Licensing)
interlock driver––see the Road Transport (Driver Licensing)