Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 38

38 Power to prohibit persons driving

(1) This section applies if—

(a) a motor vehicle is stationary on a road or road-related area or has been stopped under—

(i) section 31 or 32 ; or

(ii) the Heavy Vehicle National Law (Queensland); and

(b) an authorised officer reasonably believes a person would contravene this Act by driving the vehicle.

(2) The authorised officer may require a person mentioned in paragraph (a) or (b) not to drive the vehicle in contravention of this Act—

(a) for a vehicle other than a heavy vehicle or a prescribed dangerous goods vehicle—the person in control of it; or

(b) for a heavy vehicle or a prescribed dangerous goods vehicle—any person.

(2A) The requirement—

(a) for a vehicle other than a heavy vehicle or a prescribed dangerous goods vehicle—must be given by notice in the approved form; or

(b) for a heavy vehicle or a prescribed dangerous goods vehicle—may be given orally or in any other way, including, for example, by way of a sign or electronic or other signal.

(3) A person must not contravene, or attempt to contravene, a requirement under subsection (2) , unless the person has a reasonable excuse.

Penalty—

Maximum penalty for subsection (3) —

(a) for a private vehicle other than a suspected dangerous goods vehicle—60 penalty units; or

(b) for a suspected dangerous goods vehicle, a heavy vehicle or a prescribed vehicle—90 penalty units.