Powers under the Road Traffic Act

Question 1

What powers does section 163 of the Road Traffic Act give

Answer 1

Section 163 gives the power to stop a mechanically propelled vehicle on a Road

Question 2

What is specific about the officer who stops a vehicle under section 163

Answer 2

They must be in uniform

Question 3

What happens if a person fails to comply with a direction under section 163

Answer 3

They commit an offence

Question 4

What is specific about an additional power contained within the road traffic act section 163

Answer 4

It contains a power of entry (even though it is a summary offence) under section 17

Question 5

Section 163 is essentially a random power - what is the unwritten caveat

Answer 5

That any use of powers should be reasonable proportionate and necessary.

Question 6

Can Section 163 be used in the Christmas Drink Drive campaign?

Answer 6

Yes - As long as it is only the stop that is random - Then the officer goes on to suspect that the driver ha s alcohol and drugs in his body

Question 7

Who may authorise a road check

Answer 7

A superintendent

Question 8

Who may authorise a road check in urgent circumstances

Answer 8

Any other as long as it is ratified by a Superintendent as soon as practicable

Question 9

How long can a superintendent authorise a road check for

Answer 9

7 days

Question 10

What offences does road check relate to

Answer 10

Indictable offences Not including offences under the road traffic act.

Question 11

What is specific about the officer conducting the road check

Answer 11

Must be in uniform

Question 12

Can a PCSO conduct a road check

Answer 12

Yes in uniform

Question 13

Can a Superintendent extend a Road Check

Answer 13

Yes any number of times - in writing