Australian Capital Territory Repealed Acts

This legislation has been repealed.

MOTOR TRAFFIC ACT 1936 (REPEALED) - SECT 202

(1)     An inspector, motor traffic officer or police officer shall do all things in his or her power to ensure that this Act is duly observed, and, in all cases not expressly provided for, may give such reasonable directions to persons driving motor vehicles upon any public street as are in his or her opinion necessary for the safe and efficient regulation of the traffic thereon.

(2)     For the purposes of subsection (1), the inspector or officer may drive, use, ride upon or cause himself or herself to be carried or drawn by any such vehicle and in respect thereof shall not be liable for the payment of any fare ordinarily chargeable for the hire or use of the vehicle.

(3)     Where an unattended motor vehicle or trailer has been left abandoned, stopped or parked in a public street—

        (a)     at a place where the stopping or parking, as the case may be, of the motor vehicle or trailer is prohibited by or under this Act; or

        (b)     in a place in such a manner that the motor vehicle or trailer is, in the opinion of a police officer, causing or is likely to cause a danger or obstruction to other persons using the public street,

a police officer may move the motor vehicle or trailer or cause it to be moved from that place to the nearest convenient place, which is not so prohibited, where the motor vehicle or trailer can be left or where it does not cause or is not likely to cause such a danger or obstruction.

(4)     For the purposes of subsection (3), a police officer may, if after reasonable inquiry the driver of a motor vehicle cannot be found or the person in charge of the motor vehicle does not comply with a request by the member to move the motor vehicle to a place indicated by the member, enter the motor vehicle for the purpose of moving the motor vehicle under that subsection without liability for damage occasioned by the entry.

(5)     A police officer may take charge of, enter, and drive to a place of safety, a motor vehicle the driver of which—

        (a)     has been arrested for an offence against this Act or against the Motor Traffic (Alcohol and Drugs) Act 1977 ; or

        (b)     has been taken into custody in pursuance of sections 11, 15 or 16 of the Motor Traffic (Alcohol and Drugs) Act 1977 .

(6)     Where a motor vehicle has been taken to a place of safety under subsection (5), the member of the Police Force who has charge of the motor vehicle is not required to release it—

        (a)     to the person who has been arrested or taken into custody, as the case requires, unless satisfied on reasonable grounds that the person is capable of driving the vehicle without committing an offence against the Motor Traffic (Alcohol and Drugs) Act 1977 ; or

        (b)     to a person who appears to be authorised for the purpose by the person arrested or in custody, unless satisfied, on reasonable grounds, that the person who appears to have given the authority has understood the nature of the authority claimed to have been given.

(7)     A member of the Police Force who has charge of a motor vehicle that has been taken to a place of safety under subsection (5) is not liable, while the vehicle is in his or her charge, for—

        (a)     any damage caused to the vehicle unless the damage is caused by the member's negligence or deliberate action; or

        (b)     the loss of the vehicle due to its theft by another person unless the member has assisted in the commission of the theft.