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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 35
Power to enter vehicles etc. other than for vehicle inspection
35 Power to enter vehicles etc. other than for vehicle inspection
(1) This section applies to an authorised officer who reasonably believes—
(a) a vehicle in any of the following places is used, or is being used, to
transport dangerous goods— (i) a place the officer has entered under
section 26 ;
(ii) a place the officer has, as an authorised officer under the
Heavy Vehicle National Law (Queensland) , entered under that Law;
(iii) a
place the officer has entered under the Tow Truck Act 2023 , section 85 ; or
(b) a heavy vehicle or a prescribed vehicle is being, or has just been, used
to transport dangerous goods; or
(c) a vehicle is being, or has just been,
used to commit an offence against a transport Act; or
(d) a vehicle, or a
thing in the vehicle, may provide evidence of an offence against a transport
Act that is being, or has just been, committed.
(2) The officer may, for
enforcing a transport Act— (a) enter the vehicle, using necessary and
reasonable help and force; or Note— In addition, to enable the vehicle to
be entered, the officer may stop the vehicle under section 31 (Power to stop
private vehicles) or 32 (Power to stop heavy vehicles or prescribed vehicles).
(b) search any part of the vehicle; or
(c) inspect, measure, weigh, test,
photograph or film the vehicle or anything in the vehicle; or
(d) take
samples of the vehicle or anything in the vehicle; or
(e) copy, or take an
extract from, a document in the vehicle; or Example— download information
contained on a disk, tape or other device in the vehicle
(f) move the
vehicle’s load; or
(g) take the persons, equipment and materials the
officer reasonably requires into the vehicle.
(2A) Subsections (2B) and (2C)
apply if— (a) the vehicle is a heavy vehicle or a prescribed dangerous goods
vehicle; and
(b) the officer is not a police officer and reasonably believes
the vehicle has, or may have, been involved in an incident involving the death
of, or injury to, a person or damage to property.
(2B) The authorised
officer— (a) may exercise a power under this section only if authorised to
do so by a police officer of at least the rank of inspector; and
(b) without
limiting paragraph (a) , may open unlocked doors and other unlocked panels and
things in the vehicle for gaining entry to it under subsection (2) (a) .
(2C)
Despite subsection (2) (a) , an authorised officer who is not a police officer
must not use force to enter the vehicle.
(3) An authorised officer may not
exercise the powers under subsection (2) in relation to the following things
found in a vehicle— (a) a personal possession;
(b) for a private
vehicle—a document that is not issued, or required to be kept, under a
transport Act or a corresponding law.
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