Failing to stop for Police in Tasmania

Under section 46 of the Vehicle and Traffic Act, police in Tasmania may require a driver to pull over and stop their motor vehicle. This page sets out when this may occur and the consequences for failing to comply with police directions on Tasmanian roads.

When can police pull you over?

Police may pull a driver over for the following reasons:

• So that the police officer can examine any documents that are required to be produced by the driver.
• So that the contents of the vehicle may be inspected.
• So that the vehicle can be weighed and measured as per the provision of the Act.
• So that an enquiry or investigation may take place.

Traffic Enforcement Powers

Tasmania Police have broad powers under the Vehicle and Traffic Act to conduct routine traffic enforcement. Officers may request to see your driver's licence, vehicle registration, and insurance documents during any lawful traffic stop. These powers extend to random breath testing operations, mobile phone detection, and speed enforcement activities.

Vehicle Inspections

Police officers are authorised to inspect vehicles for compliance with safety standards, proper loading, and adherence to weight restrictions. Commercial vehicles are particularly subject to these inspections, including checks of logbooks, load securing, and vehicle condition.

Offence of failing to stop

A driver who is directed to or signalled to stop a motor vehicle must comply in a timely and safe manner. Failing to stop for police in Tasmania will be considered an infringement of the Vehicle and Traffic Act. The penalty imposed for this offence is generally a fine of 25 penalty units for a first time offender and 50 penalty units for a second or subsequent offence.

Legal Requirements for Stopping

When signalled to stop by police, drivers must pull over safely and promptly. This means finding the nearest safe location to stop without creating a traffic hazard. The law requires immediate compliance with police directions, and any delay beyond what is reasonable for safety purposes may constitute an offence.

Penalties and Consequences

The current value of penalty units in Tasmania means first-time offenders face significant financial penalties. Repeat offenders face doubled penalties, reflecting the serious view courts take of non-compliance with police directions. These offences may also result in demerit points being added to your driving record.

Evading police

Under section 11 of the Police Powers Act, it is an offence for a driver of a motor vehicle to take any action that is construed as avoiding apprehension or interception by the Tasmanian police. In practical terms, it is an offence under the Police Powers Act to flee or evade a police officer if they are attempting to intercept you with their vehicle. This includes simple pull over requests and police car chases. If you are charged under this section of the Police Powers Act, you may be liable to pay a fine of approximately $8,000 and/or imprisonment for up to 12 months.

What Constitutes Evading Police

Evading police encompasses various behaviours including accelerating away when signalled to stop, taking evasive driving manoeuvres, or deliberately ignoring police signals. Even minor attempts to avoid police attention, such as changing lanes or turning off the road to avoid a police intercept, may constitute this offence.

Providing Information to Police

Although a person is generally able to refuse to provide information to a police officer, there are certain circumstances where providing information is required by law in Tasmania. Under the Traffic Act, it is an offence for a driver to refuse to provide their details to a police officer upon being requested to do so. These details include the drivers name, age, address and drivers licence information.

Mandatory Information Requirements

Drivers must provide their full name, date of birth, current address, and produce their driver's licence when requested by police during a lawful traffic stop. Vehicle owners may also be required to provide information about who was driving their vehicle at a particular time, especially in relation to traffic camera offences.

Consequences of Refusing to Provide Details

Refusing to provide required information to police constitutes a separate offence under Tasmanian law. This can result in additional charges being laid, even if the original reason for the traffic stop did not result in any penalties. The courts take a serious view of non-cooperation with lawful police requests.

Defences and Legal Considerations

Any refusal to provide this information to a police officer after a direct request to do so may result in an offence being committed. Therefore it is always a good idea to comply with these directions and provide the details requested. In Tasmania there are limited circumstances where an offender may be able to plead a defence in court. For a charge of evading police, the offender may be able to argue that they had a lawful reason for avoiding the police officers interception. For a charge of refusing to provide your details to a police officer upon request, the courts may accept it as a defence that the driver did not know or could not have reasonably known the details requested of them at the time.

Emergency Circumstances

In rare cases, drivers may have legitimate reasons for not immediately stopping for police, such as medical emergencies or safety concerns about the location. However, these circumstances must be genuine and drivers should still indicate their intention to comply by using hazard lights and proceeding to the nearest safe location.

Challenging Police Actions

If you believe a police officer acted outside their lawful authority, the appropriate response is still to comply at the scene and challenge the action later through legal channels. Resisting or arguing with police during a traffic stop will only lead to additional charges.

Court Proceedings and Legal Representation

These defences will not apply to every situation and should not be pleaded without consultation with a legal professional. A lawyer will be able to explain the nature of the offence you have been charged with and ascertain the facts of the case to determine whether any of the defences will apply to your situation.

Importance of Legal Advice

Traffic offences involving failure to stop for police or evading police can have serious consequences including licence suspension, significant fines, and even imprisonment. Professional legal representation can help ensure your rights are protected and may identify defences or mitigating circumstances that could reduce penalties.

Frequently Asked Questions

What should I do if I didn't see or hear the police trying to pull me over?

If you genuinely didn't notice police signals due to circumstances beyond your control, this may form the basis of a defence. However, drivers have a responsibility to remain alert and aware of their surroundings. Document the circumstances immediately and seek legal advice, as courts will examine whether a reasonable driver in your position would have noticed the police signals.

Can I be charged with evading police if I was only slightly over the speed limit while being pursued?

Yes, evading police charges are separate from any speed-related offences. Even minor speed increases or evasive actions when police are attempting to intercept your vehicle can result in evading police charges under section 11 of the Police Powers Act. The severity of the evasion doesn't diminish the seriousness of the charge.

What happens if I have an interstate or international driver's licence during a Tasmania traffic stop?

You must still comply with police directions to stop and provide your licence details, regardless of where your licence was issued. Interstate and international licences are generally recognised in Tasmania, but you must still carry valid documentation and provide it when requested by police during any traffic enforcement activity.