Section 155 of the Road Transport Act 2013 (NSW) is ‘Seizure of Monitoring Devices and Records’ and is extracted below.
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Section 155 of the Road Transport Act 2013 is Seizure of Monitoring Devices and Records and reads as follows:
Seizure of monitoring devices and records
(cf STM Act, s 65)
(1) A police officer may disconnect and take and retain possession of a monitoring device that is fitted to an applicable motor vehicle, together with any automatic data stored in the device if:
(a) the vehicle has been involved in an accident in which any person was killed, or
(b) the police officer reasonably believes that the monitoring device or any part of its mechanism has been improperly interfered with, or
(c) the police officer reasonably believes that the driver has committed a major offence involving the vehicle during the journey then being undertaken by the vehicle.
(2) A police officer or a prescribed officer may take and retain possession of any record carried, pursuant to a requirement of this Part or the statutory rules, by the driver of an applicable motor vehicle if the officer reasonably believes that:
(a) false entries have been made in the record, or
(b) the record is unlawfully in the possession of the driver, or
(c) the record does not relate to the vehicle concerned.
(3) A police officer or a prescribed officer may take and retain possession of any document which the driver of an applicable motor vehicle represents to be a record required by this Part or the statutory rules to be carried by the driver but which the officer reasonably believes is not such a record.
(4) A person must not obstruct or hinder a police officer or a prescribed officer in the exercise of a power conferred by this section.
Maximum penalty: 50 penalty units.
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