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VIC Police Powers to Block a Road?

Discussion in 'Traffic Law Forum' started by orangeblack, 30 April 2015.

  1. orangeblack

    orangeblack Member

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    Hi everyone

    I'm just after some information in relation to what powers Victoria Police have to enforce road blocks and the ramifications of bypassing or ignoring one. The type of scenario I have in my head is a stretch of road that has been been closed at both ends due to an accident or something happening at a business/house etc. What happens if a motorist ignores the police car in the middle of the road and passes it? or a pedestrian goes around it?

    I'm aware that the Road Safety Rules 2009 R.304 states:

    (1) A person must obey any reasonable direction for the safe and efficient regulation of traffic given to the person by a police officer or authorisedperson, whether or not the person may contravene another provision of these Rules by obeying the direction.(

    Obviously this is just a regulation and a Police Officer would only be able to arrest under s.76 of the Road Safety Act, however if the offender states his name and address and the Police are satisfied it is not false then there is no power to arrest? So what happens if the offender continues through after this?

    What other legislation gives Police powers to close roads? Could the Move On Powers and Hinder Police in the Summary Offences act be applicable?

    Thanks,
     
  2. Rod

    Rod Well-Known Member

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    There are criminal laws that come into play, not just traffic laws. Someone with more knowledge may be able to answer more fully than I can.

    A quick google show:

    Summary Offences Act 1966:

    52. Assaulting or resisting constables etc.

    (1) Any person who assaults resists obstructs hinders or delays or incites or
    encourages any other person to assault resist obstruct hinder or delay any
    member of the police force in the execution of his duty under this Act or
    otherwise, or any person lawfully assisting any such member in the execution
    of his duty under this Act, or any member of the staff of the local authority
    in the execution of his duty under this Act shall be guilty of an offence.

    Penalty: 25 penalty units or imprisonment for six months.

    Feel sure there will be more sections that can apply in the crimes act.

    It is most unwise to attempt the things you suggest.
     
  3. orangeblack

    orangeblack Member

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    Hi Rod

    Thanks for your response, I figured that section would likely apply. I was thinking that there would be a section under the Road Safety Act that would give a specific power to close a road, however I haven't come across it. I thought there would be something similar to that in the:

    METROPOLITAN FIRE BRIGADES ACT 1958 - SECT 61

    S. 61(3) amended by No. 37/2014 s. 10(Sch. item 113.3(b)).

    (3) For the purpose of subsection (2), police officers may—

    (a) close any street in or near which a fire is burning; and
    s. 61
    (b) of their own volition or at the request of the senior member of the operational staff at the scene, remove any persons who interfere by their presence or otherwise with the operations of the unit.
     
  4. Ponala

    Ponala Well-Known Member

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    If you ignored the direction and continued on you could be arrested under Section 458 of he Crimes Act.
    (1) Any person, whether a police officer or not, may at any time without warrant apprehend and take before a bail justice or the Magistrates' Court to be dealt with according to law or deliver to a police officer to be so taken, any person—

    (a) he finds committing any offence (whether an indictable offence or an offence punishable on summary conviction) where he believes on reasonable grounds that the apprehension of the person is necessary for any one or more of the following reasons, namely—

    (iii) to prevent the continuation or repetition of the offence or the commission of a further offence; or
     
  5. orangeblack

    orangeblack Member

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    I'm not sure this is correct. The power for the police direction is contained in the Road Rules Regulations R.304. The power for a police officer to arrest under the regulations is s.76 of the Road Safety Act, which does not contain the same provisions as an arrest under s.458. Basically as soon as the offender has stated there name and address and the police are satisfied it is not false, they can no longer be under arrest under s.76.

    ROAD SAFETY ACT 1986 - SECT 76
    Arrest without warrant


    S. 76(1) amended by No. 37/2014 s. 10(Sch. item 147.26).

    (1) A police officer may arrest without warrant any person who within his or her view commits an offence against any regulation made under clauses 42 to 49 in Schedule 2 and who on being requested to give his or her name and address refuses or fails to do so or gives a name or address which the police officer reasonably suspects to be false.


    CRIMES ACT 1958 - SECT 458
    Person found committing offences may be arrested without warrant by any person


    (2) For the purposes of paragraph (a) in subsection (1) offence at common law or a contravention of or failure to comply with a provision of an Act of Parliament and unless otherwise by Act of Parliament expressly provided does not include a contravention of or failure to comply with a rule regulation by-law or other law made under an Act of Parliament.
     

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