https://mypolice.qld.gov.au/farnorth/20 ... ng-a-what/
To the best of my knowledge police aren't authorised to require a cyclist to provide a roadside breath test as section 80 of the Transport Operations (Road Use Management) Act 1995 applies to "motor vehicles", not vehicles in general and therefore excludes cyclists.One cyclist was detected on Ernest street around 10pm wearing a plush dolphin toy on his head as a helmet.
Officers intercepted the man in relation to not wearing an approved bicycle helmet.
During the course of the conversation about his inappropriate head wear, officers conducted a roadside breath test on the 25-year-old international male tourist where it will be alleged, he returned a reading of 0.182 per cent BAC.
He was issued with a notice to appear at the Innisfail Magistrates Court on December 18.
Is there some other law authorising breath testing of cyclists or have Queensland police just published a public admission to violating the rights of a foreigner under colour of law?