ROAD TRAFFIC ACT 1961 - SECT 40R

ROAD TRAFFIC ACT 1961 - SECT 40R

40R—Power to search vehicle on road or certain official premises

        (1)         This section applies to a vehicle located at a place—

            (a)         on a road; or

            (b)         in or on premises occupied or owned by a public authority,

whether or not the vehicle is unattended.

        (2)         An authorised officer may search a vehicle for compliance purposes, if the officer believes on reasonable grounds that—

            (a)         the vehicle has been used, is being used, or is likely to be used, in the commission of an Australian road law offence; or

            (b)         the vehicle has been or may have been involved in an accident.

        (3)         The officer may form the necessary belief during or after an inspection or independently of an inspection.

        (4)         The officer may enter the vehicle for the purpose of or in connection with conducting the search.

        (5)         The officer may exercise powers under this section at any time, and without the consent of the driver or other person apparently in charge of the vehicle or any other person.

        (6)         Without limiting the above, the power to search a vehicle under this section includes any or all of the following:

            (a)         the power to search for evidence of an Australian road law offence;

            (b)         the power to search for and inspect any records, devices or other things that relate to the vehicle or any part of its equipment or load and that are located in or on the vehicle;

            (c)         the power to take copies of or extracts from any or all of the following:

                  (i)         any records that are located in or on the vehicle and that are required to be carried in or on the vehicle under an Australian road law;

                  (ii)         any transport documentation or journey documentation located in or on the vehicle;

                  (iii)         any other records, or any readout or other data obtained from any device or thing, located in or on the vehicle that the officer believes on reasonable grounds provide, or may on further inspection provide, evidence of an Australian road law offence;

            (d)         any powers that may be exercised during an inspection of a vehicle under section 40Q(5).

        (7)         The power to search a vehicle under this section does not include a power to search a person.

        (8)         The officer may seize and remove any records, devices or other things from the vehicle that the officer believes on reasonable grounds provide, or may on further inspection provide, evidence of an Australian road law offence.

        (9)         The officer may use reasonable force in the exercise of powers under this section.