Queensland Consolidated Acts

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

33B Moving unattended prescribed dangerous goods vehicle on road

(1) This section applies if an authorised officer—

(a) reasonably believes that a prescribed dangerous goods vehicle on a road is unattended; and

(b) intends to exercise a power under this Act in relation to the vehicle; and

(c) reasonably believes it is necessary to move the vehicle to enable the exercise of the power.

(2) The authorised officer may take the steps that are reasonably necessary to move the vehicle on the road, or to remove the vehicle from the road, to enable the exercise of the power.

Example of reasonably necessary steps—

driving, pushing or towing the vehicle

(3) Despite subsection (2) , the authorised officer may only drive, or authorise someone else (the
"assistant" ) to drive, the vehicle if the authorised officer or assistant is qualified and fit to drive it.

(4) 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 it.

(5) If the authorised officer asks a service or towing vehicle operator to move or remove the vehicle, the service or towing vehicle operator may take the steps that are reasonably necessary to move or remove the vehicle, as requested.

(6) The authorised officer, the assistant or a service or towing vehicle operator mentioned in subsection (5) may use the force that is reasonably necessary to do any or all of the following—

(a) open unlocked doors and other unlocked panels and things in the vehicle;

(b) gain access to the vehicle, its engine or other mechanical components to enable it to be moved;

(c) enable the vehicle to be towed.

(7) Subsection (6) does not authorise an authorised officer, assistant or service or towing vehicle operator to use force against a person.

(8) In this section—

"road" includes a road-related area.