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Section 155 Road Transport Act 2013
Seizure of Monitoring Devices and Records

Section 155 of the Road Transport Act 2013 (NSW) is ‘Seizure of Monitoring Devices and Records’ and is extracted below.

If you require the services of a traffic defence team that specialises in representing clients for cases under the Road Transport Act, call Sydney Criminal Lawyers today on (02) 9261 8881 to arrange a consultation.

Our team is vastly experienced in advising and representing clients in traffic law cases, and will fight to ensure you achieve the optimal result in the circumstances.

We offer fixed fees for all traffic cases, and a free first conference for those who are going to court.

The Legislation

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.

The penalties

Maximum penalty: 50 penalty units.

Why Sydney Criminal Lawyers®?

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex traffic matters – so you can rest assured that you are in safe hands.

Our traffic law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the traffic law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on (02) 9261 8881 and book your FREE first conference with our traffic law specialists.

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