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Discussion in 'General' started by fabz, Dec 23, 2005.

  1. Noeleter

    Noeleter Active Member

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    31Power to stop private vehicles

    (1)An authorised officer, who is not a police officer, may require the person in control of a private vehicle to stop the vehicle—

    (a)at a checkpoint—only if the vehicle is a type of vehicle that the officer is stopping at the checkpoint by reference to objective criteria that are part of a program approved under section 47 ; or

    (b)if the officer reasonably believes the vehicle does not comply with a transport Act; or

    (c)if the officer reasonably believes the driver has just committed, or is committing, an offence against the Queensland Road Rules, section 154 (1) or 156 (1); or

    (d)if the officer reasonably believes—

    (i)the driver has just committed, is committing, or is about to commit an offence against the Transport Infrastructure Act 1994 , section 46 or the Queensland Road Rules, section 100 ; and

    (ii)the officer reasonably believes making the requirement is necessary to prevent damage to road transport infrastructure or ensure the safety of road users or other persons.

    (2)In addition, an authorised officer may require the person in control of a private vehicle to stop the vehicle to find out whether the vehicle is carrying explosives within the meaning of the Explosives Act 1999 if—

    (a)the officer is also an inspector under the Explosives Act 1999 ; and

    (b)the officer reasonably believes the vehicle is carrying explosives within the meaning of the Explosives Act 1999 .

    (2A)However, an authorised officer who is not a police officer may make a requirement under subsection (1)(a) or (b) or (2) during the day only.

    (2AA)In addition, an authorised officer who is not a police officer may only make a requirement under subsection (1)(c) on a business day during the period between 6a.m. and 7p.m.

    (2B)Also, an authorised officer who is not a police officer and is not wearing a uniform approved by the chief executive may only exercise the powers of an authorised officer in relation to a private vehicle if the officer reasonably believes the vehicle is so dangerous as to be likely to cause the death of, or injury to, a person.

    (3)A requirement may be made under subsection (1) or (2) in a way prescribed under a regulation.

    (4)A person must comply with a requirement under subsection (1) or (2), unless the person has a reasonable excuse.

    Maximum penalty—60 penalty units.

    Example of a reasonable excuse—

    It is a reasonable excuse for a person not to comply with a requirement if—

    (a)the person reasonably believes that to immediately comply would endanger the person or someone else; and

    (b)the person complies with the requirement at the first reasonable opportunity.

    (5)A regulation may impose restrictions on the stopping of private vehicles by authorised officers who are not police officers.

    (6)In this section—

    day means the period between sunrise and sunset on the same day.

    32Power to stop heavy vehicles or prescribed vehicles

    (1)An authorised officer may require the person in control of a heavy vehicle or prescribed vehicle to stop the vehicle to check whether the vehicle or person is complying with a transport Act.

    (2)In addition, an authorised officer who is also an inspector under the Explosives Act 1999 may require the person in control of a heavy vehicle or prescribed vehicle to stop the vehicle to check whether the vehicle is carrying explosives within the meaning of the Explosives Act 1999 .

    (3)The requirement may be made in a way prescribed under a regulation.

    (4)Without limiting subsection (3), the requirement may require the person to move the vehicle in preparation for stopping it.

    Examples—

    •a requirement to change lanes

    •a requirement to exit a motorway at a particular exit

    •a requirement to enter a vehicle inspection site

    (5)The person must comply with the requirement, unless the person has a reasonable excuse.

    Maximum penalty—90 penalty units.

    (6)Without limiting section 31 , a power under this section may be exercised in relation to a suspected dangerous goods vehicle as if it were a prescribed vehicle.
     
  2. Noeleter

    Noeleter Active Member

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    64Use of dealer plates

    (1)A person must not use, or permit to be used, on a road a vehicle with a dealer plate attached to it unless the vehicle—

    (a)is being demonstrated for its sale; or

    (b)is being delivered to a purchaser after sale; or

    (c)is travelling to or from a workshop or another facility for—

    (i)painting, repairs or motor body construction work; or

    (ii)the fitting of optional equipment before delivery to a purchaser; or

    (d)is being tested after having been painted or repaired, or after having been the subject of motor body construction work; or

    (e)is being used for demonstration purposes for the conduct of an art union under the Charitable and Non-Profit Gaming Act 1999 ; or

    (f)is being used for a purpose approved by the chief executive in a written notice given to the person in whose name the dealer plate is registered; or

    (g)is being driven or towed for testing to confirm the safe operation of the vehicle as part of an inspection for obtaining an inspection certificate under the Vehicle Standards and Safety Regulation; or

    (h)is being driven or towed to an AIS for inspection for obtaining an inspection certificate under the Vehicle Standards and Safety Regulation; or

    (i)is recorded in the register as a repairable write-off and is being driven or towed to a written-off vehicle inspection site for obtaining a written-off vehicle inspection report; or

    (j)is being driven or towed to a place as required by the chief executive; or

    (k)is being driven or towed to an office of the chief executive to be registered; or

    (l)is being driven or towed from the manufacturer or a distributor of the vehicle to a dealer; or

    (m)is being driven or towed between a dealer’s premises and other premises of the same or a different dealer, whether or not a sale has taken place.

    Maximum penalty—16 penalty units.

    (1A)Section 15 , and not this section, applies in relation to a vehicle if—

    (a)a person uses, or permits to be used on a road the vehicle with a dealer plate attached to it and the vehicle is being driven or towed, as mentioned in subsection (1)(g), (h), (i), (j) or (k); and

    (b)the requirements of section 15 (1) are complied with for the vehicle.

    (2)A person must not use, or permit to be used, on a road a vehicle with a dealer plate, other than a dealer (trailer trade) plate, attached to it if the vehicle is carrying a load or towing a vehicle carrying a load, unless the vehicle with the dealer plate attached—

    (a)is a boat trailer carrying a boat; or

    (b)is towing a motor vehicle travelling on its rear wheels only, with its front part mounted on the towing vehicle; or

    (c)is carrying the load only to demonstrate the vehicle for its sale, and not for hire or reward.

    Maximum penalty—40 penalty units.

    (3)A person must not use, or permit to be used, on a road a vehicle with a dealer (trailer trade) plate attached to it unless the vehicle is—

    (a)a trailer not carrying a load; or

    (b)a boat trailer, carrying 1 or more boat trailers, being towed from the manufacturer or a distributor of all the trailers to a dealer; or

    (c)a boat trailer carrying a boat; or

    (d)a trailer carrying a load only to demonstrate the trailer for its sale, and not for hire or reward.

    Maximum penalty—40 penalty units.

    (4)A person must not use, or permit to be used, on a road a vehicle with a dealer plate attached to it unless the person in whose name the dealer plate is registered—

    (a)is the person who used the dealer plate; or

    (b)authorised the person to use, or permit another person to use, the dealer plate.

    Maximum penalty—16 penalty units.

    (5)A person must not use, or permit to be used, on a road a vehicle with a dealer plate attached to it unless the vehicle is used in the conduct of the business of the person in whose name the dealer plate is registered.

    Maximum penalty—16 penalty units.

    (6)In this section—

    dealer (trailer trade) plate means a dealer plate issued under this division authorising the use of an unregistered trailer on a road
     
  3. ChRiDDa

    ChRiDDa Active Member

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    Correct - Trade plates are only to be used on unregistered vehicles for specific purposes such as test driving the vehicle, driving the vehicle in the corse of delivery/pre sale etc etc

    Issue for the police is proving that the driver is not using the plate in accordance with the rules and regulations in which it was issued

    If they can, it’ll be a straight up unregistered penalty notice
     
  4. VS 5.0

    VS 5.0 Well-Known Member

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    And possible the owner of the trade plate will loose the right to display them for any purpose.
     
  5. Dayvo

    Dayvo Because i can

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    Apparently the cops have been notified a few times but nothing has come of it
     
  6. VS 5.0

    VS 5.0 Well-Known Member

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    Maybe someone needs to notfiy the local motor trades association ?
     
  7. ChRiDDa

    ChRiDDa Active Member

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    Very hard to prove that it’s being misused - even if you believe it is, all the driver would have to say is that they were test driving the vehicle after it underwent repairs....

    Would the fall back on the member to prove that they weren’t - burden of proof lies with the prosecution
     
  8. Blueglow

    Blueglow Member

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    As a Victorian resident what are my rights when it comes to car searches etc?
    If you're in a high crime rate area can they just search your car for no reason or do they always need a warrant?
     
  9. vc commodore

    vc commodore Well-Known Member

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    Not sure on the reasons required for a car search, but I have driven from S.A over the border and coppers have pulled me over for a random breathe test...After it comes back negative, they have requested to search my car....Seeing as I have nothing to hide, I let them go...The way I see it, those with something to hide are the ones worried about their car being searched
     
  10. ChRiDDa

    ChRiDDa Active Member

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    In short, Police in Victoria can search your vehicle without a warrant - it all comes down to the circumstances

    Certain acts of Parliament permits police to search without a warrant, if they have reasonable grounds/suspicion

    One example is that if police supect on reasonable grounds that you’re carrying a drug of dependence, they can seach you/your vehcile under the drugs, poisons and controlled substances act
     
  11. commodore665

    commodore665 expat Saffa

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    In NZ it is called the Search and Surveillance act , in which a vehicle may searched for contraband, drugs , drug utensils, weapons . You be surprised what some people would have .
     
  12. Blueglow

    Blueglow Member

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    True, it'd be easier to just give them what they want. But I'd hate to think that if a officer really wanted to give me a hard time for whatever reason and that spare screwdriver under the seat you forgot about becomes a weapon if they find it and then other things they can pick on. If it would be quicker to just say you dont consent to searches just to go on with your night.

    Stories from my old man always used to be that the cops would search your car throw everything out on the road then leave you to put it all back in, would hate to go through that if declining a search could avoid it
     
  13. vc commodore

    vc commodore Well-Known Member

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    If you are polite to them, generally they just have a quick sticky and let you go on your way....It's when you want to be difficult, they get "difficult"
     
  14. commodore665

    commodore665 expat Saffa

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    that is true in every instance ,
     
  15. vc commodore

    vc commodore Well-Known Member

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    I discovered this a few years back....Got pulled up interstate at 2 a.m. on my way to a funeral....They searched the car and found a tomahawk I forgot was under the passenger seat....I profusely apologised about forgetting it was there, so they threw it into my boot and let me go on my merry way with a smile and have a safe trip message....

    This was in a Victorian town, 200 or so kays South West of Blueglow's location....
     
  16. Dayvo

    Dayvo Because i can

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    I agree . I went through an amber light some years back and there was a cop on the other side of the intersection so I just pulled over . He pulled up behind me and asked why I stopped . I said to save you pulling me over for going through an amber light . I got off with a warning because I admitted I done the wrong thing . But next time I wouldn't be so lucky .
     

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