Subdivision 2Moving vehicles#

33Requiring vehicle to be moved for exercising power#

(1) This section applies to— (a) a motor vehicle, other than a heavy vehicle or a prescribed dangerous goods vehicle, that is stationary on a road or has been stopped under section 31 or 32; and

(b) without limiting sections 33A to 33C, a heavy vehicle or a prescribed dangerous goods vehicle that— (i) is stationary in a following place— (A) a road or road-related area; (B) a public place; (C) another place occupied or owned by the State or a government entity; (D) for a prescribed dangerous goods vehicle—a prescribed place an authorised officer has entered under section 26 or a place an authorised officer has entered under section 26A or 26B; or (ii) has been stopped under— (A) section 32; or (B) the Heavy Vehicle National Law (Queensland).

(2) To enable an authorised officer to exercise a power under a transport Act, the officer may require a person mentioned in paragraph (a) or (b) to move the vehicle, or cause it to be moved, to a stated reasonable place— (a) for a vehicle other than a heavy vehicle or a prescribed dangerous goods vehicle—the person in control of the vehicle; or (b) for a heavy vehicle or a prescribed dangerous goods vehicle—the person in control, or the operator, of the vehicle.

(3) However, the place must be— (a) for a private vehicle other than a suspected dangerous goods vehicle—within a 5km radius from where the vehicle was stationary or stopped; or

(b) for a heavy vehicle, a prescribed vehicle or a suspected dangerous goods vehicle—within a 30km radius from— (i) where the vehicle was stationary or stopped; or (ii) if the requirement is given in the course of the vehicle’s journey—any point along the forward route of the journey.

(3A) A requirement under subsection (2) may be made orally or in any other way, including, for example— (a) for a requirement made to the person in control of a vehicle—by way of a sign or electronic or other signal; or (b) for a requirement made to the operator of a heavy vehicle or a prescribed dangerous goods vehicle—by telephone, facsimile, electronic mail or radio.

(4) The person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty— (a) for a private vehicle other than a suspected dangerous goods vehicle—60 penalty units; or (b) for a heavy vehicle, a prescribed vehicle or a suspected dangerous goods vehicle—90 penalty units.

(5) For a heavy vehicle, a prescribed vehicle or a suspected dangerous goods vehicle, if the person does not comply with the requirement, the officer may move the vehicle to the required place.

(6) In this section— prescribed place, for a prescribed dangerous goods vehicle, means— (a) any of the following places relating to a person involved in the transport of dangerous goods in the vehicle— (i) a place at or from which the person carries on a business; a place that is occupied by the person in connection with a business carried on by the person;

  1. (iii)the registered office of a business carried on by the person; or
  1. (b)a place that is—
  2. (i)the garage address for the vehicle; or
  3. (ii)without limiting subparagraph (i), the base of the vehicle’s driver; or
  4. (c)a place where a document relating to the vehicle is located or required to be kept under a transport Act or alternative compliance scheme.

33ARequiring prescribed dangerous goods vehicle to be moved if causing harm or obstruction etc.#

  1. (1)This section applies if—
  2. (a)a prescribed dangerous goods vehicle is stationary in a following place—
  3. (i)a road or road-related area;
  4. (ii)a public place;
  5. (iii)another place occupied or owned by the State or a government entity;
  6. (iv)a prescribed place an authorised officer has entered under section 26;
  7. (v)a place an authorised officer has entered under section 26A or 26B; and
  8. (b)the authorised officer reasonably believes the vehicle—
  9. (i)is causing, or creating a risk of, serious harm to public safety, the environment or road infrastructure; or
  10. (ii)is causing, or likely to cause, an obstruction to—
  11. (A)traffic; or
  1. (B)an event lawfully authorised to be held on the road; or
  2. (C)a vehicle entering or leaving land adjacent to the road.
  3. (2)The authorised officer may require the person in control, or the operator, of the vehicle to do either or both of the following—
  4. (a)move the vehicle, or cause it to be moved, to the extent necessary to avoid the harm or obstruction;
  5. (b)do, or cause to be done, anything else the officer reasonably requires to avoid the harm or obstruction.
  6. (3)A requirement under subsection (2) may be made in a way mentioned in section 33(3A).
  7. (4)The person must comply with the requirement, unless the person has a reasonable excuse.
  8. (5)Without limiting what may be a reasonable excuse for subsection (4), in a proceeding for an offence against the subsection, it is a defence if the person charged with the offence proves—
  9. (a)it was not possible to move the vehicle because it was broken down; and
  10. (b)the breakdown happened for a physical reason beyond the person’s control; and
  11. (c)the breakdown could not be readily rectified in a way that would enable the requirement to be complied with within a reasonable time.
  12. (6)In this section—

Maximum penalty—90 penalty units.

prescribed place
see section 33(6).

33BMoving unattended prescribed dangerous goods vehicle on road#

  1. (1)This section applies if an authorised officer—
  1. (a)reasonably believes that a prescribed dangerous goods vehicle on a road is unattended; and
  2. (b)intends to exercise a power under this Act in relation to the vehicle; and
  3. (c)reasonably believes it is necessary to move the vehicle to enable the exercise of the power.
  4. (2)The authorised officer may take the steps that are reasonably necessary to move the vehicle on the road, or to remove the vehicle from the road, to enable the exercise of the power.
  5. (3)Despite subsection (2), the authorised officer may only drive, or authorise someone else (the assistant) to drive, the vehicle if the authorised officer or assistant is qualified and fit to drive it.
  6. (4)It is immaterial that—
  7. (a)the assistant is not the operator of the vehicle; or
  8. (b)the authorised officer or assistant is not authorised by the operator to drive it.
  9. (5)If the authorised officer asks a service or towing vehicle operator to move or remove the vehicle, the service or towing vehicle operator may take the steps that are reasonably necessary to move or remove the vehicle, as requested.
  10. (6)The authorised officer, the assistant or a service or towing vehicle operator mentioned in subsection (5) may use the force that is reasonably necessary to do any or all of the following—
  11. (a)open unlocked doors and other unlocked panels and things in the vehicle;
  12. (b)gain access to the vehicle, its engine or other mechanical components to enable it to be moved;
  13. (c)enable the vehicle to be towed.
  1. (7)Subsection (6) does not authorise an authorised officer, assistant or service or towing vehicle operator to use force against a person.
  2. (8)In this section—
road
includes a road-related area.

33CMoving other stationary prescribed dangerous goods vehicle if causing harm or obstruction etc.#

  1. (1)This section applies if an authorised officer reasonably believes the following about a vehicle—
  2. (a)the vehicle is a prescribed dangerous goods vehicle in any of the following places—
  3. (i)a road or road-related area;
  4. (ii)a public place;
  5. (iii)another place occupied or owned by the State or a government entity;
  6. (iv)a prescribed place an authorised officer has entered under section 26;
  7. (v)a place an authorised officer has entered under section 26A or 26B;
  8. (b)the vehicle is unattended or broken down;
  9. (c)the vehicle—
  10. (i)is causing, or creating an imminent risk of, serious harm to public safety, the environment or road infrastructure; or
  11. (ii)is causing, or likely to cause, an obstruction to—
  12. (A)traffic; or
  13. (B)an event lawfully authorised to be held on the road; or
  14. (C)a vehicle entering or leaving land adjacent to the road.

The authorised officer may move or authorise someone else (the assistant) to move the vehicle or, if it is a combination, any vehicle forming part of the combination, to the extent it is reasonably necessary to avoid the harm or obstruction.

The authorised officer or assistant may—

  1. (a)enter the vehicle to enable the authorised officer or assistant to move it; and
  2. (b)for a combination—separate any or all of the vehicles forming part of the combination for the purpose of moving them.

The authorised officer may drive the vehicle or authorise someone else (also the assistant) to drive it if the authorised officer reasonably believes—

  1. (a)the vehicle is driveable; and
  2. (b)there is no-one else in or near the vehicle who is more capable of driving it and fit and willing to drive it.

It is immaterial that—

  1. (a)the assistant is not the operator of the vehicle; or
  2. (b)the authorised officer or assistant is not authorised by the operator to drive the vehicle or qualified to drive it.

In driving the vehicle under subsection (4), the authorised officer or assistant is exempt from a provision of a transport Act to the extent the provision would require the authorised officer or assistant to be licensed to drive the vehicle.

The authorised officer or assistant mentioned in subsection (2) or (4) may use the force that is reasonably necessary to the extent it is reasonably necessary to avoid the harm or obstruction.

Subsection (7) does not authorise an authorised officer or assistant to use force against a person.

In this section—

prescribed place
prescribed place, in relation to a prescribed dangerous goods vehicle, means— (a) any of the following places relating to a person involved in the transport of dangerous goods in the vehicle— (i) a place at or from which the person carries on a business; (ii) a place that is occupied by the person in connection with a business carried on by the person; (iii) the registered office of a business carried on by the person; or (b) a place that is— (i) the garage address for the vehicle; or (ii) without limiting subparagraph (i), the base of the vehicle’s driver; or (c) a place where a document relating to the vehicle is located or required to be kept under a transport Act or alternative compliance scheme.

33DPower if prescribed dangerous goods vehicle broken down or immobilised on a road#

This section applies if an authorised officer reasonably believes—

  1. (a)a prescribed dangerous goods vehicle is broken down or immobilised on a road or road-related area; and
  2. (b)it is necessary to give a direction under subsection (2) to a person in control of the vehicle to protect persons, property or the environment.

The authorised officer may give a direction to the person in control of the vehicle about the following—

  1. (a)carrying out repair work on the vehicle;
  2. (b)towing the vehicle off the road or road-related area;
  3. (c)removing the dangerous goods from the vehicle;
  4. (d)dealing with the dangerous goods after their removal from the vehicle.

A person given a direction under subsection (2) must comply with it, unless the person has a reasonable excuse.

Maximum penalty—60 penalty units.

Source: TORUM Act 1995 · pages 70–79 Open PDF at this page Search this document