20EConstable’s powers

1. A constable who sees a person smoking or vaping in a motor vehicle that is on a road and that appears to have a child occupant may do 1 or more of the following, if the constable is in uniform, or wearing a distinctive cap, hat, or helmet, with a badge of authority affixed to it:

2. signal or request the driver of the motor vehicle to stop the vehicle as soon as practicable:
3. require the driver to remain stopped for as long as is reasonably necessary for the constable to make the inquiries and complete the exercise of powers under this section:
4. require the person who is smoking or vaping to stop smoking or vaping in the motor vehicle:
5. require any person who is smoking or vaping or appears to be aged under 18 years to provide the person’s—
   1. full name; and
   2. full address; and
   3. date of birth; and
   4. occupation; and
   5. telephone number.

6. A constable who sees a person smoking or vaping in a motor vehicle that is on a road and that appears to have a child occupant may do 1 or more of the following, if the constable is in another vehicle following the motor vehicle:

7. by displaying flashing blue, or blue and red, lights or sounding a siren, require the driver of the other vehicle to stop:
8. require the driver to remain stopped for as long as is reasonably necessary for the constable to make the inquiries and complete the exercise of powers under this section:
9. require the person who is smoking or vaping to stop smoking or vaping in the motor vehicle:
10. require any person who is smoking or vaping or appears to be aged under 18 years to provide the person’s—
    1. full name; and
    2. full address; and
    3. date of birth; and
    4. occupation; and
    5. telephone number.

11. Despite subsection (1), a constable must not take either of the actions referred to in subsection (1)(c) and (d) if the motor vehicle is—

12. manufactured for use as an occasional or permanent dwelling; and
13. stationary on a road and in use as a dwelling.