POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 61
Power to require vehicles to be moved
POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 61
Power to require vehicles to be moved
61 Power to require vehicles to be moved
(1) This section applies to a
vehicle that is stationary or has been stopped under section 60.
(2) To
enable a police officer to exercise a power for a prescribed purpose, the
police officer may require the person in control of the vehicle to move the
vehicle to a stated reasonable place.
Example for subsection (2)—
The
officer may require the person to move the vehicle onto a weighing or testing
device.
(3) However, the place must be—
(a) for a private
vehicle—within a 5km radius from where the vehicle was stationary or
stopped; or
(b) for another vehicle—within a 30km radius from—
(i) where
the vehicle was stationary or stopped; or
(ii) if the requirement is given
within the course of the vehicle’s journey—any point along the forward
route of the journey.
(4) The person must comply with the requirement, unless
the person has a reasonable excuse.
Penalty—
Maximum penalty—
(a) for
a private vehicle—60 penalty units; or
(b) for a heavy vehicle, if the
power to be exercised by the police officer as mentioned in subsection (2) is
for HVNL(Q) compliance or enforcement—the corresponding HVNL(Q) penalty
amount; or
Note—
On the commencement of this note, the corresponding
HVNL(Q) penalty amount was $6,000. Generally, see section 53C.
(c)
otherwise—90 penalty units.
(5) For a vehicle, other than a private
vehicle, if the person does not comply with the requirement, the police
officer may move the vehicle to the required place.
(6) However, if the
vehicle is an aircraft or boat, the police officer may move the vehicle only
if the officer has the necessary qualification, or has received appropriate
training, to control the vehicle.
