Western Australian Current Acts Western Australian Current Acts (1A) In this section
an instructor providing driving instruction to a learner driver is not to be
taken, under section 49AA, to be in charge of the motor vehicle driven by the
learner driver.
(1) A police officer
may require —
(a) the
driver or person in charge of a motor vehicle; or
(b) any
person the police officer has reasonable grounds to believe was the driver or
person in charge of a motor vehicle,
to undergo an
assessment of drug impairment if a police officer has reasonable grounds to
believe that the person is, or was while driving or attempting to drive the
motor vehicle, impaired by something, other than alcohol alone, affecting the
person’s capacity to drive a motor vehicle.
(2) Where a police
officer —
(a) has
reasonable grounds to believe that the presence of a motor vehicle has
occasioned, or its use has been an immediate or proximate cause of, personal
injury or damage to property; and
(b) does
not know, or has doubt as to, who was the driver or person in charge of the
motor vehicle at the time of that presence or use,
but has reasonable
grounds to believe —
(c) that
the person may have been the driver or person in charge of the motor vehicle
at that time; and
(d) that
the person was at that time impaired by something, other than alcohol alone,
affecting the person’s capacity to drive a motor vehicle,
a police officer may
require the person to undergo an assessment of drug impairment.
(3) For the purposes
of subsection (1) or (2) a police officer may require a person who is required
to undergo a driver assessment to wait at the place at which the requirement
was made.
(4) Where a person
required under subsection (1) or (2) to undergo a driver assessment is in a
motor vehicle, a police officer may require the person to leave the vehicle
for the purpose of undergoing the assessment.
(5) A person who is
required to undergo a driver assessment shall comply with that requirement by
undergoing the assessment in accordance with the directions of a police
officer.
(6) A person shall not
be required to undergo a driver assessment if it appears to a police officer
that —
(a) the
driver assessment could not be conducted within 4 hours after the time at
which driving, attempted driving, use or management of a motor vehicle in
circumstances giving rise to the requirement is believed to have taken place;
or
(b)
because of the person’s physical condition the person is incapable of
undergoing the driver assessment.
(7) A driver
assessment shall be conducted by a police officer in accordance with
regulations prescribing the procedure for assessing drug impairment.
[Section 66A inserted: No. 6 of 2007 s. 9;
amended: No. 8 of 2012 s. 37; No. 25 of 2016 s. 48.]