Page 5918 - Week 14 - Thursday, 8 December 2011
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menacing driving, street racing and burnouts, and ensure that mandatory periods of licence disqualification and vehicle confiscation apply to persons who are convicted or found guilty of a second or subsequent offence.
Police and authorised persons must be able to confirm the identity of road users, particularly riders and drivers of vehicles, in order to enforce various offence provisions under the road transport legislation.
Under sections 58 and 58A of the existing Road Transport (General) Act 1999, a police officer or authorised person may require riders, drivers and driver trainers to produce their licences for inspection. Clearly, this power is ineffective if the photograph on the licence cannot be matched to the person who produces the licence because that person refuses to remove an item that obscures his or her face.
The amendments will allow police or authorised persons to direct a person to remove such an item, for two specific purposes—firstly, to establish the directed person’s identity, in connection with a function under the road transport legislation; and, secondly, for conducting alcohol or drug testing under the Road Transport (Alcohol and Drugs) Act 1977.
The government recognises that these laws may have a particular impact on persons who wear items that obscure their faces for religious or cultural reasons. I would like to stress that this new law will not ban the wearing of these items in any way. In fact, this law takes into account genuine religious or cultural concerns. A person who is directed to remove an item that covers the person’s face can ask that that he or she be allowed to remove the item in front of a police officer or authorised person of the same sex. The person can also ask for permission to remove the item in a way that affords that person reasonable privacy. For example, the person could ask to be taken to a police station rather than removing the item at the side of the road, or if the person prefers to stay at the roadside, the person could ask to move behind or inside a police van before removing the item.
Police and authorised persons are required to take reasonable steps to comply with a request by the directed person. In most situations, there will be no difficulties in meeting a request for an officer or authorised person of the same sex to be present and privacy to be provided.
Nevertheless, the law also recognises that on occasions it may not be possible to comply with a request in every respect. An example could be a serious motor vehicle accident where it is desirable to identify drivers and witnesses and arrange for injured persons to be treated without delay. New section 58B(5) explains that a failure to comply with a request is not a ground for challenging actions that were taken or not taken under section 58B.
In addition to the special arrangements that may apply where there are religious or cultural concerns relating to a direction to remove an item that obscures all or part of a person’s face, there is a specific defence that ensures that people are not obliged to remove items that are required for medical reasons.
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