General Duty of Driver or Person in Charge of Motor Vehicle
- section 59 of the Road Safety Act 1986
- A woman is pulled over by a Police Officer and asked to show her licence, she refuses to do so.
- A man is driving a truck and refuses to have the load weighed when required to do so by the Police.
- You have a reasonable excuse for the failure.
- You did not have your licence at the time but provided it to the Police within 7 days.
- The Police officer was not in uniform and you did not believe they were the Police.
Questions in cases like this
- What did the Police ask you to do?
- What did you refuse to do?
- Is there a good reason as to why you refused?
Maximum penalty and court that deals with this chargeThe maximum penalty for this offence is a fine of 20 penalty units or a term of imprisonment for 4 months.
Charges that arise from the General Duty of Driver or Person in Charge of Motor Vehicle would be heard in the Magistrates’ Court.
What is the legal definition of General Duty of Driver or Person in Charge of Motor Vehicle?This offence is applies to a person driving a motor vehicle, when a person fails to comply with a lawful request or direction to do one of the following: produce their licence upon request; produce log books for inspection; stop the motor vehicle; or permit motor vehicle to be weighed. Or a person provides a false name to the Police.
“When driving what did you refuse to do?