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Road Traffic Act · s 83

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s 83Powers of arrest, stoppage and detention

(1)

A police officer in uniform, having reasonable grounds for believing that any person, not being the driver of a motor vehicle, has committed an offence under this Act or any regulations made thereunder, may stop and arrest such person without a warrant:

Provided that such person shall not be arrested unless the police officer has reasonable grounds for believing that he is unlikely to attend the court in answer to any summons served on him.

(2)

A police officer may detain any bicycle or tricycle in respect of which an offence has been committed within his view.

(3)

A police officer in uniform may stop any motor vehicle the driver of which has committed or is suspected of having committed an offence under this Act or any regulations made thereunder.

(4)

Any person driving a motor vehicle shall stop the motor vehicle on being so required by a police officer in uniform, and if he fails to do so he is guilty of an offence.

Road Traffic

(5)

A police officer in uniform may, except as provided in this section, arrest without a warrant any person in charge of or driving a motor vehicle who has committed or is suspected of having committed an offence under this Act or any regulations made thereunder.

(6)

The power of arrest under subsection (5) shall not be exercised if —

(a)

such person on the demand of the police officer produces his driving licence to enable the police officer to ascertain his name and address, the date of issue and the authority by which it was issued; or

(b)

such person, not being a paid driver, or the driver of motor vehicle used for the carriage of passengers for hire or reward or for the carriage of goods, gives the police officer his name and address in

Brunei Darussalam:

Provided that if the police officer has reason to suspect that a name or address so ascertained or given is false, he may, notwithstanding anything to the contrary in this subsection, exercise the power of arrest under subsection (5).

(7)

The Director or any person authorised in writing by him in that behalf on production of such authority, and any police officer, may stop any vehicle other than a motor vehicle, and any police officer in uniform may stop any motor vehicle, for the purpose of examining the licence of any such vehicle and the person driving the vehicle shall stop it on being so required by the Director or such officer or police officer, and if he fails to do so he is guilty of an offence.

(8)

Any police officer in uniform may, when exercising any of the powers conferred by subsection (3), (5) or (7), require any person, who appears to him to be or to have been a passenger in the motor vehicle in relation to which he is exercising those powers, to furnish to him his name and address.

(9)

When any person referred to in subsection (8) refuses to furnish his name and address, he may be arrested by the police officer in order that his name and address may be ascertained, and he shall, within 24 hours of the arrest, be taken before a court, unless before that time his name and address have been ascertained, in which case he shall forthwith be released on his

Road Traffic 84

executing a bond with or without a surety for his appearance before a court, if so required.

(10)

When any person is taken before a court under subsection (9), the court shall require him to execute a bond with or without a surety for his appearance before it, if so required.