Queensland Consolidated Acts Queensland Consolidated Acts(1) An authorised officer may require a person mentioned in the following paragraphs to give the officer reasonable help to enable the officer to effectively exercise--
(a) a power under this Act in relation to a vehicle other than a heavy vehicle or a prescribed dangerous goods vehicle--the person in control of the vehicle;
(b) a power under this Act in relation to a heavy vehicle--a responsible person for the vehicle;
(c) a power under this Act in relation to a prescribed dangerous goods vehicle--a person involved in the transport of dangerous goods in relation to the vehicle;
(d) a power under this Act in relation to the transport of dangerous goods--a person involved in the transport of the dangerous goods to which the power relates.
Examples of requirements --
to hold the vehicle stationary on a weighing device to enable the vehicle to be weighed
to open the vehicle's bonnet to enable the engine to be inspected
to help the authorised officer to weigh or measure all or part of the vehicle, including an axle or axle group
to help the authorised officer to weigh, measure or take samples of all or part of the vehicle's equipment or load including a substance or packaging
to operate equipment or facilities
to give access, free of charge, to photocopying equipment.
(1A) A requirement that may be made under subsection (1)--
(a) includes a requirement to run or stop the vehicle's engine (take the prescribed action); but
(b) does not include--
(i) a requirement to drive the vehicle; or
(ii) a requirement to produce a document or give information; or
(iii) a requirement to help the authorised officer find and gain access to a document or information.
Editor's note--
For the power to make a requirement mentioned in subparagraph (ii), see sections 49 and 50. For the power to make a requirement mentioned in subparagraph (iii), see section 50AB.
(1B) Subsections (1C) to (1F) apply to a person mentioned in subsection (1)(b) or (c) who is required to take the prescribed action.
(1C) The person may use the force that is reasonably necessary to enter the vehicle and take the prescribed action.
(1D) However subsection (1C) does not authorise the person to use force against anyone.
(1E) It is immaterial that--
(a) the person is not the operator of the vehicle; or
(b) the person is not--
(i) authorised by the operator to drive the vehicle or take the prescribed action; or
(ii) qualified to drive the vehicle or take the prescribed action.
(1F) In running the engine, the person is exempt from a provision of a transport Act to the extent the provision would require the person to be qualified to take the prescribed action.
(2) An authorised officer may require the person in control of a vehicle, or a person who is in or has just left the vehicle, to do or not to do anything the officer reasonably believes is necessary--
(a) to enable the officer to safely exercise a power under a transport Act in relation to the vehicle; or
(b) to preserve the safety of the officer, the person or other persons.
Examples--
require the persons in the vehicle to get out of the vehicle while the authorised officer inspects the vehicle's undercarriage
require a person who has just left the vehicle to stand back from the carriageway of the road
require a person to remain in control of the vehicle for a reasonable time
(2A) A requirement under subsection (1) or (2) may be made orally, in writing or in any other way, including, for example, by way of a sign, electronic or other signal, post, telephone, facsimile, electronic mail or radio.
(3) A person must comply with a requirement under subsection (1) or (2), unless the person has a reasonable excuse.
Maximum penalty--
(a) for a power exercised in relation to a private vehicle other than a suspected dangerous goods vehicle--60 penalty units; or
(b) for a power exercised in relation to a suspected dangerous goods vehicle, a prescribed heavy vehicle or the transport of dangerous goods--90 penalty units.