Noeleter
Active Member
- Joined
- Aug 1, 2014
- Messages
- 819
- Reaction score
- 120
- Points
- 43
- Location
- Brisbane
- Members Ride
- VEII Equipe Sportwagon
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.
(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.