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Commission Of A Traffic Offence

What the law says

Section 48 of the Transport Operations (Road Use Management) Act Queensland states:

  1. This section applies if-
    • (a) an authorised officer finds a person committing an offence against a transport Act; or
    • (b) an authorised officer finds a person in circumstances that lead, or has information that leads, the officer to reasonably suspect the person has just committed an offence against a transport Act; or
    • (c) a vehicle is stationary on a road or has been stopped under section 32.
  2. The officer may require the following person to state the person's name and address-
    • (a) for subsection (1)(a) or (b)-the person mentioned in the relevant paragraph;
    • (b) for subsection (1)(c)-the person in control of the vehicle mentioned in the paragraph.
  3. When making the requirement, the officer must warn the person it is an offence to fail to state the person's name or address, unless the person has a reasonable excuse.
  4. The officer may require the person to give evidence of the correctness of the stated name or address if the officer reasonably suspects the stated name or address is false.
  5. A person must comply with a requirement under subsection (2) or (4), unless the person has a reasonable excuse.
  6. A person does not commit an offence against subsection (5) if-
    • (a)the person was required to state the person's name and address by an authorised officer who suspected the person had committed an offence against this Act; and
    • (b)the person is not proved to have committed the offence.

What the police must prove

beyond a reasonable doubt:

  1. A police officer asked you to provide your name and address; AND
  2. The police officer asked this after:
    • (a) Pulling you up for committing a traffic offence; OR
    • (b) Pulling you up after receiving information that led the police officer to reasonably believe you committed a traffic offence; OR
    • (c) Finding your vehicle stationary on the road; OR
    • (d) Pulling you up to check if your heavy vehicle is meeting the requirements under the Act, pursuant to section 32; AND
  3. The police officer warned you that failure to state your name and address was an offence, unless you had a reasonable excuse; AND
  4. You failed to state your name and address; AND
  5. You failed to provide proof of your name an address (where requested).

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

Maximum penalty

Maximum penalty- 60 penalty units.

Penalty unit = $100.00

Which court will hear the matter

Under section 3(5) of the Criminal Code Act  Queensland this offence is classed a simple offence and therefore may be heard in the Magistrates Court pursuant to section 19 of the Justices Act Queensland

Possible defences

Possible defences to this offence include but are not limited to

  1. You were never in fact asked you to give your name and address.
  2. You were never in fact warned that failure to state your name and address was an offence.
  3. You did in fact state your name and address correctly.
  4. You did in fact provide proof of your name and address.
  5. You had a reasonable excuse, namely that you were never proven to have committed the offence for which the Police office had pulled you up on.
  6. Duress - example: there was a threat of harm to the accused or another person that the accused reasonably believed would be carried out if he/she did not do the act that constituted the offence.
  7. Necessity - there was some extraordinary emergency and as such you did not have proof of your name and address on your person.
  8. Insanity.
  9. Identification i.e. the offender was not the accused.
 

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