Failing to stop for Police in Tasmania
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.
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.
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.
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.
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.
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.
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.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
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Michelle Makela
National Practice Manager
Michelle Makela is a Legal Practice Director at Go To Court Lawyers. She holds a Juris Doctor, a Bachelor of Science (Psychology) and a Master of Criminology. She was admitted to practice in 2006. Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.
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