Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 13

Power to inspect motor vehicles and trailers

13. Power to inspect motor vehicles and trailers





(1) An authorised officer for the purposes of this section or a member of the
police force may at any reasonable time inspect a motor vehicle or trailer
which is being used on a highway if the officer or member believes on
reasonable grounds that-

   (a)  the driver of the motor vehicle is not complying with this Act or the
        regulations in driving a motor vehicle of that kind; or

   (b)  the motor vehicle or trailer does not comply with this Act or the
        regulations.

(2) An authorised officer for the purposes of this section or a member of the
police force may, by notice in accordance with subsection (3), require to be
produced for inspection at a place specified in the notice, a motor vehicle or
trailer which the officer or member has reasonable grounds for suspecting has
within the preceding 30 days been used or will be used on a highway if the
officer or member believes on reasonable grounds that-

   (a)  the driver of the motor vehicle has not complied with this Act or the
        regulations in driving a motor vehicle of that kind; or

   (b)  the motor vehicle or trailer does not comply with this Act or the
        regulations.

(3) A notice must be in writing and must be served on the registered operator
or, if the motor vehicle or trailer is not registered, on the owner.

(4) An inspection may include any tests which the inspecting officer or member
of the police force decides to be appropriate.

(5) A person who refuses or fails-

   (a)  to allow a motor vehicle or trailer to be inspected when required
        under this section; or

   (b)  to produce a motor vehicle or trailer for inspection at the place
        specified in a notice within 7 days after service of the notice on
        that person-

is guilty of an offence. Penalty: 5 penalty units.

(6) In this section authorised officer for the purposes of this section means-

   (a)  an officer of the Corporation authorised in writing by the Corporation
        for the purposes of this section; or

   (ab) a person employed under Part 3 of the Public Administration Act 2004
        in the police force of Victoria who is authorised in writing by the
        Chief Commissioner of Police for the purposes of this section; or





   (b)  an employee in the Department of Infrastructure authorised in writing
        by the Secretary to the Department of Infrastructure for the purposes
        of this section.