Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies if an authorised officer reasonably believes a heavy vehicle is the subject of 1 or more severe risk breaches of mass, dimension or loading requirements.
(2) The authorised officer must give the driver or operator of the heavy vehicle--
(a) a direction not to proceed until stated breaches of mass, dimension or loading requirements relating to the vehicle are rectified; or
(b) if the prescribed circumstances exist, a direction--
(i) to move the heavy vehicle, or cause it to be moved, to the nearest stated safe location; and
(ii) not to proceed from there until stated breaches of mass, dimension or loading requirements relating to the vehicle are rectified.
(3) A direction given under subsection (2) must be in writing and may be given with or without conditions.
(4) Despite subsection (3), a direction to move a heavy vehicle may be given orally if the moving of the vehicle is carried out in the presence, or under the supervision, of an authorised officer.
(5) The person to whom the direction is given must comply with it, unless the person has a reasonable excuse.
Maximum penalty--90 penalty units.
(6) Nothing in this section prevents an authorised officer from taking into account the safety of the heavy vehicle or any load in it if the officer reasonably believes the officer can do so without prejudicing the safety of other property, people, the environment, road infrastructure or public amenity.
(7) In this section--
prescribed circumstances means--
(a) there is an appreciable risk of harm to the environment, road infrastructure or public amenity; or
(b) there is a risk to the safety of people, or live animals, in the vehicle.
risk of harm to public safety, in relation to a heavy vehicle--
(a) includes the risk of harm to the safety of people, or live animals, in the vehicle; but
(b) does not include the risk of harm to the safety of the vehicle or any load, other than a live animal, in the vehicle.
safe location means a location where the authorised officer reasonably believes the vehicle will pose a reduced risk or no appreciable risk of harm to public safety, the environment, transport infrastructure or public amenity.
Example of a safe location--
the depot of the vehicle or, if the vehicle is a combination, the depot of a vehicle in the combination
stated means stated by the authorised officer.