(1) In this section
—
endangering offence on a vehicle, means an offence
that, if committed on board the vehicle, may endanger the safety of any person
on board the vehicle.
(2) If the person in
charge of a vehicle reasonably suspects that a person who is on or about to
board the vehicle (the passenger ) is carrying a thing that may be used to
commit an endangering offence on the vehicle or to damage the vehicle, the
person in charge —
(a) may
ask the passenger to consent to a frisk search by or on behalf of the person
in charge; and
(b) if
the passenger refuses to consent, may —
(i)
if the passenger is on board, remove him or her from the
vehicle or, if it is not safe to do so, restrain or confine him or her until
it is safe to do so; or
(ii)
if the passenger is about to board, prevent him or her
from boarding.
(3) If on a request
made under subsection (2)(a) a passenger consents to a frisk search —
(a) the
person doing the search may seize any thing the person reasonably suspects may
be used to commit an endangering offence on the vehicle or to damage the
vehicle; and
(b) if
any such thing is seized, it must be kept in safe custody and returned to the
passenger when he or she leaves the vehicle or given to a police officer.
(4) If it is
reasonably necessary to do so in order —
(a) to
prevent danger to the safety of a vehicle or of any person on board it; or
(b) to
prevent an offence being committed on board a vehicle,
the person in charge
of the vehicle may remove a person who is on board from the vehicle or, if it
is not safe to do so, restrain or confine him or her until it is safe to do
so.
(5) If the person in
charge of a vehicle reasonably suspects that a person on board (the suspect )
has committed or is committing an offence on board, he or she may —
(a)
arrest the suspect; and
(b)
detain the suspect until he or she can be taken to a police officer.
(6) Without limiting
section 15, the person in charge of a vehicle may authorise another person to
exercise any of the powers that the person in charge has under this section.
(7) If under
subsection (5)(a) the suspect is arrested, section 25(5), (6) and (7) apply.