Queensland Consolidated Acts

TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 126H

126H Power to hold or stop and hold rail vehicle

(1) This section applies if an authorised person reasonably believes that—

(a) dangerous goods are on a rail vehicle and a provision of the Transport Infrastructure Act 1994 , chapter 14 is being contravened in relation to their transportation; and

(b) the interests of safety require the authorised person to stop or hold the vehicle.

(2) The authorised person may require the railway operator for the vehicle to hold, or stop and hold, the vehicle at a stated safe place.

(3) Before making the requirement, the authorised person must tell the railway operator the grounds for the belief.

(4) For subsection (2) , a place is a
"safe place" if—

(a) the train controller tells the authorised person that it is safe, so far as other rail traffic is concerned, to stop or hold the vehicle at the place; and

(b) the presence of the vehicle at the place is unlikely to endanger human life or property.

(5) The railway operator must comply with a requirement under subsection (2) , unless the railway operator has a reasonable excuse.

Penalty—

Maximum penalty—150 penalty units.

(6) The train controller must give any advice asked for by the authorised person about whether it is safe, so far as other rail traffic is concerned, to stop or hold the vehicle at a place.

Penalty—

Maximum penalty—40 penalty units.

(7) This section does not limit any other power under this part or part 3B .

(8) In this section—

"train controller" , in relation to a rail vehicle, means an individual who is in control of train control signalling and communication for the section of track on which the rail vehicle is travelling or standing.