Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 33C

33C Moving other stationary prescribed dangerous goods vehicle if causing harm or obstruction etc.

(1) This section applies if an authorised officer reasonably believes the following about a vehicle—

(a) the vehicle is a prescribed dangerous goods vehicle in any of the following places—

(i) a road or road-related area;

(ii) a public place;

(iii) another place occupied or owned by the State or a government entity;

(iv) a prescribed place an authorised officer has entered under section 26 ;

(v) a place an authorised officer has entered under section 26A or 26B ;

(b) the vehicle is unattended or broken down;

(c) the vehicle—

(i) is causing, or creating an imminent risk of, serious harm to public safety, the environment or road infrastructure; or

(ii) is causing, or likely to cause, an obstruction to—

(A) traffic; or

(B) an event lawfully authorised to be held on the road; or

(C) a vehicle entering or leaving land adjacent to the road.

(2) The authorised officer may move or authorise someone else (the
"assistant" ) to move the vehicle or, if it is a combination, any vehicle forming part of the combination, to the extent it is reasonably necessary to avoid the harm or obstruction.

Example—

by driving, pushing or towing the vehicle

(3) The authorised officer or assistant may—

(a) enter the vehicle to enable the authorised officer or assistant to move it; and

(b) for a combination—separate any or all of the vehicles forming part of the combination for the purpose of moving them.

(4) The authorised officer may drive the vehicle or authorise someone else (also the
"assistant" ) to drive it if the authorised officer reasonably believes—

(a) the vehicle is driveable; and

(b) there is no-one else in or near the vehicle who is more capable of driving it and fit and willing to drive it.

(5) It is immaterial that—

(a) the assistant is not the operator of the vehicle; or

(b) the authorised officer or assistant is not authorised by the operator to drive the vehicle or qualified to drive it.

(6) In driving the vehicle under subsection (4) , the authorised officer or assistant is exempt from a provision of a transport Act to the extent the provision would require the authorised officer or assistant to be licensed to drive the vehicle.

(7) The authorised officer or assistant mentioned in subsection (2) or (4) may use the force that is reasonably necessary to the extent it is reasonably necessary to avoid the harm or obstruction.

(8) Subsection (7) does not authorise an authorised officer or assistant to use force against a person.

(9) In this section—

"prescribed place" , in relation to a prescribed dangerous goods vehicle, means—

(a) any of the following places relating to a person involved in the transport of dangerous goods in the vehicle—

(i) a place at or from which the person carries on a business;

(ii) a place that is occupied by the person in connection with a business carried on by the person;

(iii) the registered office of a business carried on by the person; or

(b) a place that is—

(i) the garage address for the vehicle; or

(ii) without limiting subparagraph (i) , the base of the vehicle’s driver; or

(c) a place where a document relating to the vehicle is located or required to be kept under a transport Act or alternative compliance scheme.