Queensland Consolidated Acts

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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) a prescribed place an authorised officer has entered under section 26;
(E) a place an authorised officer has entered under section 26A or 26B; or
(ii) has been stopped under section 32.

(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 or 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 prescribed heavy 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.

Maximum penalty--

(a) for a private vehicle other than a suspected dangerous goods vehicle--60 penalty units; or
(b) for a suspected dangerous goods vehicle or a prescribed heavy vehicle--90 penalty units.

(5) For a prescribed heavy 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 heavy vehicle or prescribed dangerous goods vehicle, means--

(a) any of the following places relating to a responsible person for the heavy vehicle or a person involved in the transport of dangerous goods--
(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.


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