TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 33
Requiring vehicle to be moved for exercising power
TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 33
Requiring vehicle to be moved for exercising power
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 31or 32; and
(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