Victorian Current Acts

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ROAD SAFETY ACT 1986 - SECT 115

Power to search vehicle

    (1)     An inspector may search a vehicle to which this Division applies if the inspector believes on reasonable grounds—

        (a)     that the vehicle has been used, or is being used, in contravention of a relevant law or scheme; or

        (b)     that the vehicle has been, or may have been, involved in an accident.

    (2)     The inspector may form the necessary belief during or after an inspection, or independently of an inspection.

    (3)     Without limiting subsection (1), in searching the vehicle, the inspector may—

        (a)     do anything that he or she may do in inspecting a vehicle under section 114;

        (b)     search for evidence of a contravention of a relevant law or scheme;

        (c)     search for any documents, devices or other things that relate to the vehicle or any part of its equipment or load and that are located in or on the vehicle;

        (d)     copy any or all of the following—

              (i)     any transport documentation or journey documentation located in or on the vehicle;

              (ii)     any other documents located in or on the vehicle that the inspector believes on reasonable grounds provide, or may on further inspection provide, evidence of a contravention of a relevant law or scheme.

    (4)     The inspector may seize and remove any documents, devices or other things from the vehicle that the inspector believes on reasonable grounds provide, or may on further inspection provide, evidence of a contravention of a relevant law or scheme.

    (5)     This section does not authorise an inspector to search a person, even if the person is part of a vehicle's load.

S. 115(6) amended by No. 37/2014 s. 10(Sch. item 147.50).

    (6)     A police officer may use reasonable force in the exercise of a power under this section.

S. 116 inserted by No. 44/2003 s. 3.



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