Queensland Consolidated Acts

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

33 Requiring vehicle to be moved for exercising power

(1) This section applies to—

(a) a motor vehicle, other than a heavy vehicle or a prescribed dangerous goods vehicle, that is stationary on a road or has been stopped under section 31 or 32 ; and

(b) without limiting sections 33A to 33C , a heavy vehicle or a prescribed dangerous goods vehicle that—

(i) is stationary in a following place—

(A) a road or road-related area;

(B) a public place;

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

(D) for a prescribed dangerous goods vehicle—a prescribed place an authorised officer has entered under section 26 or a place an authorised officer has entered under section 26A or 26B ; or

(ii) has been stopped under—

(A) section 32 ; or

(B) the Heavy Vehicle National Law (Queensland) .

(2) To enable an authorised officer to exercise a power under a transport Act, the officer may require a person mentioned in paragraph (a) or (b) to move the vehicle, or cause it to be moved, to a stated reasonable place—

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

(b) for a heavy vehicle or a prescribed dangerous goods vehicle—the person in control, or the operator, of the vehicle.

Example—

The authorised officer may require the person to move the vehicle onto a weighing device or to a testing device.

(3) However, the place must be—

(a) for a private vehicle other than a suspected dangerous goods vehicle—within a 5km radius from where the vehicle was stationary or stopped; or

(b) for a heavy vehicle, a prescribed vehicle or a suspected dangerous goods vehicle—within a 30km radius from—

(i) where the vehicle was stationary or stopped; or

(ii) if the requirement is given in the course of the vehicle’s journey—any point along the forward route of the journey.

(3A) A requirement under subsection (2) may be made orally or in any other way, including, for example—

(a) for a requirement made to the person in control of a vehicle—by way of a sign or electronic or other signal; or

(b) for a requirement made to the operator of a heavy vehicle or a prescribed dangerous goods vehicle—by telephone, facsimile, electronic mail or radio.

(4) The person must comply with the requirement, unless the person has a reasonable excuse.

Penalty—

Maximum penalty—

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

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

(5) For a heavy vehicle, a prescribed vehicle or a suspected dangerous goods vehicle, if the person does not comply with the requirement, the officer may move the vehicle to the required place.

(6) In this section—

"prescribed place" , for 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.