Queensland Consolidated Acts

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

126J Power to prohibit use of rail vehicle

(1) This section applies if an authorised person reasonably believes a rail vehicle that has been used, or is being used, to transport dangerous goods does not comply with the Transport Infrastructure Act 1994 , chapter 14 .

(2) The authorised person may, by notice in the approved form, require the owner of the vehicle not to use the vehicle, or permit it to be used, until—

(a) it, its equipment and any load on it are inspected at a stated reasonable place and are found to comply with the chapter; or

(b) stated reasonable action is taken in relation to the rail vehicle to ensure it complies with the chapter.

Examples of action that may be reasonable under paragraph (b)—

1 adjusting or moving a vehicle’s load

2 rearranging the order of rail vehicles

3 carrying out stated repairs to a vehicle and then having the vehicle inspected at a stated reasonable place and found to comply with the chapter

(3) The owner must comply with the notice, unless the owner has a reasonable excuse.

Penalty—

Maximum penalty for subsection (3) —120 penalty units.