Published by Geoff Harrison | 6 September 2024
A person who engages in a police pursuit who knows, ought reasonably to know or has reasonable grounds to suspect that police are in pursuit of the vehicle and that the driver is required to stop the vehicle and the driver fails to stop and was driving the vehicle recklessly, or in a speed or manner dangerous is guilty of driving in a police pursuit. The maximum penalty is 3 years imprisonment for a first offence and 5 years imprisonment for a second offence.
Driving in a police pursuit is, by definition, a "major offence"; hence, the disqualification periods are as per s205 of the Road Transport Act 2013. For a first offence, the automatic period of disqualification is 3 years with a minimum of 12 months and an automatic period of disqualification of 5 years with a minimum of 2 years for a second or subsequent offence.
Other Sources:
Cases:
Extracted Legislation:
CRIMES ACT 1900 - SECT 51B
Police pursuits
(1) The driver of a vehicle--
(a) who knows, ought reasonably to know or has reasonable grounds to suspect that police officers are in pursuit of the vehicle and that the driver is required to stop the vehicle, and
(b) who does not stop the vehicle, and
(c) who then drives the vehicle recklessly or at a speed or in a manner dangerous to others,
is guilty of an offence.
Maximum penalty--
(a) in the case of a first offence--imprisonment for 3 years, or
(b) in the case of an offence on a second or subsequent occasion--imprisonment for 5 years.
(2) In this section,
"vehicle" has the same meaning as it has in section 52A.
"major offence" means any of the following crimes or offences--
(a) an offence by a person (the
"offender" ), in respect of the death of or bodily harm to another person caused by or arising out of the use of a motor vehicle driven by the offender at the time of the occurrence out of which the death of or harm to the other person arose, for which the offender is convicted of--
(i) the crime of murder or manslaughter, or
(ii) an offence against section 33, 35, 53 or 54 or any other provision of the Crimes Act 1900 ,
(b) an offence against section 51A, 51B or 52AB of the Crimes Act 1900 ,
(c) an offence against section 110(1), (2), (3)(a) or (b), (4)(a) or (b) or (5)(a) or (b),
(d) an offence against section 111, 112(1)(a) or (b), 117(2), 118 or 146,
(d1) a combined alcohol and drug driving offence,
(e) an offence against section 117(1) of driving a motor vehicle negligently (being driving occasioning death or grievous bodily harm),
(f) an offence against clause 16(1)(b), 17 or 18 of Schedule 3,
(g) an offence of aiding, abetting, counselling or procuring the commission of, or being an accessory before the fact to, any crime or offence referred to in paragraph (a)-(f),
(h) any other crime or offence that, at the time it was committed, was a major offence for the purposes of this Act, the Road Transport (General) Act 2005 , the Road Transport (General) Act 1999 or the Traffic Act 1909 .
ROAD TRANSPORT ACT 2013 - SECT 148C
Use of tyre deflation devices
(cf Road Transport (General) Act 1999, s 51)
(1) The Commissioner of Police may authorise the use by police officers of a device (a
"tyre deflation device" ) that causes the deflation of the tyres of a vehicle--
(a) to enable police to stop or assist in the stopping of a vehicle in connection with the pursuit of the vehicle by police, or
(b) to enable police to prevent the use of the vehicle by a person for the purpose of escaping from lawful custody or avoiding arrest.
(2) Provision made by or under an Act that would operate to prohibit or restrict the placement or deployment on or near a road or road related area of a tyre deflation device does not apply to the placing or deploying of a tyre deflation device by a police officer acting in the exercise of his or her duties.
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