Queensland Consolidated Acts

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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 38

38 Power to prohibit persons driving

(1) This section applies if--

(a) a motor vehicle is stationary on a road or road-related area or has been stopped under section 31 or 32; and
(b) an authorised officer reasonably believes a person would contravene this Act by driving the vehicle.

(2) The authorised officer may require a person mentioned in paragraph (a) or (b) not to drive the vehicle in contravention of this Act--

(a) for a vehicle other than a heavy vehicle or a prescribed dangerous goods vehicle--the person in control of it; or
(b) for a heavy vehicle or a prescribed dangerous goods vehicle--any person.

(2A) The requirement--

(a) for a vehicle other than a heavy vehicle or a prescribed dangerous goods vehicle--must be given by notice in the approved form; or
(b) for a heavy vehicle or a prescribed dangerous goods vehicle--may be given orally or in any other way, including, for example, by way of a sign or electronic or other signal.

(3) A person must not contravene, or attempt to contravene, a requirement under subsection (2), unless the person has a reasonable excuse.

Maximum penalty for subsection (3)--

(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.


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