Question... can the EPA (in victoria) force you to sit through the full roadside test if they are setup at a breath test?... Can u request to go in your own time locally?? Is there any reprocussions if you say you are in a hurry and refuse...given you will do it within a set time given? These people are not the police, do they have the right to detain you to do it??
Cheers
If the lights aren't blue and red I'm not pulling over.
If they are there I guess you have no choice
Is this common , which suburbs have you seen this ?
They definately have the right to force you to have the vehicle tested,,, but do they have the right to detain you to make you do it then and there?,,,
Cant find anything in here that says they can
http://www.austlii.edu.au/au/legis/vic/consol_act/epa1970284/
There is this but it only says they have to GIVE YOU THE NOTICE to get tested within an hour, not that they can hold you.. section three it seems that you can say no to get tested another time
A Authority may require vehicle or ship to be made available for testing
S. 55A(1) amended by No. 10261 s. 26(a).
(1) The Authority may by notice in writing served upon any person being the registered owner of or apparently in lawful possession of any vehicle or ship require him to make the vehicle or ship available as required by the notice for the making of any inspection measurement or test by an authorized officer in order to determine whether the vehicle or ship complies with any provision of this Act.
S. 55A(2) amended by Nos 9803 s. 8(a)–(c), 10092 s. 24(2)(b), 10261 s. 26(b).
(2) Any such notice shall state the time (being in the case of a new vehicle not less than seven days and in the case of any other vehicle or a ship not less than fourteen days after the time at which the notice is served) and the place (being, in the case of a vehicle other than a vehicle intended for sale as a new vehicle not more than 50 kilometres from the address at which the vehicle is registered in the case of a ship ordinarily kept afloat at some place, that place, and in the case of any other ship, not more than 50 kilometres from the place at which the ship is ordinarily kept travelling by a convenient route and using suitable means) at which the vehicle or ship is to be made available and the period (being, in the case of a vehicle intended for sale as a new vehicle, forty-eight hours, and in the case of any other vehicle one hour, and in the case of a ship, three hours) for which it is to be required.
S. 55A(3) amended by Nos 10092 s. 24(2)(c), 87/1989 s. 10(k).
(3) The Authority may upon the request of the person upon whom the notice is served amend in writing the requirements of the notice as to the time or place at which the vehicle or ship is to be made available or the period for which it is to be required, but not so as to require anything to be done by the person without his consent which the notice might not have required originally.
S. 55A(4) amended by Nos 9758 s. 10, 87/1989 s. 7(k), 86/1990 s. 5(h)(i), 49/2000 s. 3(15)(Sch. item (32)(a) (b)), 68/2009 s. 97(Sch. item 50.20).
(4) A person who contravenes any such notice shall be guilty of an offence against this Act and liable to a penalty of not more than 60 penalty units and to a daily penalty of not more than 15 penalty units for each day during which the offence continues after conviction or after service by the Authority or a protection agency on the accused of notice of contravention of the provisions of this section (whichever is the earlier).
S. 55A(5) inserted by No. 87/1989 s. 43, amended by Nos 86/1990 s. 5(g), 49/2000 s. 3(15)(Sch. item (33)).
(5) If a person contravenes a notice under subsection (1) the vehicle or ship in respect of which the notice is served is prohibited from being used or sold on or after the time specified in the notice as the time that the vehicle or shipwas to be made available for inspection, measurement or test.
Penalty: 60 penalty units.
S. 55A(6) inserted by No. 87/1989 s. 43.
(6) Subsection (5) does not apply to or in relation to the use of the vehicle or ship in connection with the making of any repairs or the making available of the vehicle or ship for inspection, measurement or test.
S. 55AB inserted by No. 10261 s. 27.
1. They are authorised to make you do the test. I'm not familiar with the specifics of the vic legislation but in any event whilst police are there the EPA is effectively assisting police with a road worthy inspection anyway.
2. The EPA cannot and will not physically stop you if you decide to leave or obstruct their test.
3. The EPA cannot pull you over.
4. As long as the EPA is in the company of police, police will assist them with any issue involving points (2) and (3). Which is why the EPA works alongside police or they couldn't actually do anything.
There's no way around this which is why it's been done like this in every jurisdiction for as long as I know. If you wanna test the law and refuse or obstruct, good luck.
I've had some experience in this field in a previous life so just play the game. The minute you evade they'll get your rego number and the boys in blue will come knocking on your door. They'll then go through you like a case of salts and fuck you over whichever way.
Its not worth the hassles. Play nice and theres a chance they'll go easy on you. My 2c.
704 bucks says they dont play easy
