Subdivision 3Other powers for vehicles#

34Power to inspect vehicles#

This section applies to a motor vehicle that—

(a)is stationary on a road; or
(b)has been stopped under—
(i)section 31 or 32; or
(ii)the Heavy Vehicle National Law (Queensland); or
(c)is in a place that—
(i)an authorised officer has entered under section 26; or
(ii)an authorised officer who is also an authorised officer under the Heavy Vehicle National Law (Queensland) has entered under that Law; or
(iii)an authorised officer has entered under the Tow Truck Act 2023, section 85.

To check whether the vehicle complies with a transport Act, an authorised officer may inspect or test it.

To enable the officer to inspect or test the vehicle, the officer may do anything reasonable to be done for the inspection or test.

34APower to require testing of particular vehicles#

This section applies—

(a)to any of the following vehicles—
(i)a vehicle that is, or resembles, an electrically power-assisted cycle or personal mobility device;
(ii)a vehicle that a person using the vehicle claims is an electrically power-assisted cycle or personal mobility device;
(iii)a vehicle that an authorised officer reasonably suspects is a prohibited bike; and
(b)if the vehicle—
(i)is being ridden, or otherwise in the possession of a person while, on a road, on a road-related area or in a public place; or
(ii)has been seized by a police officer under the Police Powers and Responsibilities Act 2000, chapter 4A, part 2.

An authorised officer may require the rider, or another person in possession, of the vehicle to do 1 or more of the following—

(a)place, or allow the officer to place, the vehicle on an approved testing device;
(b)transport the vehicle, or allow the officer to transport the vehicle, to a place for the purpose of the vehicle being tested using an approved testing device;
(c)do anything reasonably necessary to enable a test to be carried out using the approved testing device in accordance with a procedure approved by the commissioner.

(3)A person must comply with a requirement made of the person under subsection (2), unless the person has a reasonable excuse.

Maximum penalty—60 penalty units.

35Power to enter vehicles etc. other than for vehicle inspection#

(1)This section applies to an authorised officer who reasonably believes—
(a)a vehicle in any of the following places is used, or is being used, to transport dangerous goods—
(i)a place the officer has entered under section 26;
(ii)a place the officer has, as an authorised officer under the Heavy Vehicle National Law (Queensland), entered under that Law;
(iii)a place the officer has entered under the Tow Truck Act 2023, section 85; or
(b)a heavy vehicle or a prescribed vehicle is being, or has just been, used to transport dangerous goods; or
(c)a vehicle is being, or has just been, used to commit an offence against a transport Act; or
(d)a vehicle, or a thing in the vehicle, may provide evidence of an offence against a transport Act that is being, or has just been, committed.
(2)The officer may, for enforcing a transport Act—
(a)enter the vehicle, using necessary and reasonable help and force; or

(b)search any part of the vehicle; or
(c)inspect, measure, weigh, test, photograph or film the vehicle or anything in the vehicle; or
(d)take samples of the vehicle or anything in the vehicle; or
(e)copy, or take an extract from, a document in the vehicle; or

(f)move the vehicle’s load; or
(g)take the persons, equipment and materials the officer reasonably requires into the vehicle.
(2A)Subsections (2B) and (2C) apply if—
(a)the vehicle is a heavy vehicle or a prescribed dangerous goods vehicle; and
(b)the officer is not a police officer and reasonably believes the vehicle has, or may have, been involved in an incident involving the death of, or injury to, a person or damage to property.
(2B)The authorised officer—
(a)may exercise a power under this section only if authorised to do so by a police officer of at least the rank of inspector; and
(b)without limiting paragraph (a), may open unlocked doors and other unlocked panels and things in the vehicle for gaining entry to it under subsection (2)(a).
(2C)Despite subsection (2)(a), an authorised officer who is not a police officer must not use force to enter the vehicle.

(3)An authorised officer may not exercise the powers under subsection (2) in relation to the following things found in a vehicle—
(a)a personal possession;
(b)for a private vehicle—a document that is not issued, or required to be kept, under a transport Act or a corresponding law.

35AFurther powers to inspect and search prescribed dangerous goods vehicle#

(1)Without limiting sections 34 and 35, this section applies to a prescribed dangerous goods vehicle, whether or not the prescribed dangerous goods vehicle is unattended, if it 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)a prescribed place an authorised officer has entered under section 26;
(e)a place an authorised officer has entered under section 26A or 26B.
(2)An authorised officer may inspect the vehicle to check whether it complies with a transport Act or an alternative compliance scheme.
(3)Also, an authorised officer may search the vehicle to carry out a check as mentioned in subsection (2) if the authorised officer reasonably believes any of the following—
(a)the vehicle has been used, is being used, or is likely to be used, to commit an offence against a transport Act;
(b)the vehicle may have been involved in an incident involving injury to, or the death of, a person or damage to property;

(c)the vehicle has been or may have been involved in a situation that was a dangerous situation when it happened.
(4)An authorised officer may form the belief mentioned in subsection (3) whether or not the vehicle has been inspected under this Act.
(5)Without limiting subsection (2) or (3), for exercising a power under the subsection, the authorised officer may do any or all of the following—
(a)enter the vehicle;
(b)exercise a power that an authorised officer may exercise under section 35(2)(c) to (g);
(c)move, but not take away, anything in the vehicle that is not locked or sealed.
(6)An authorised officer may exercise a power under this section at any time and without the consent of the vehicle’s driver or anyone else.
(7)However, if an authorised officer has the belief mentioned in subsection (3)(b) in relation to the vehicle, the authorised officer—
(a)may exercise a power under this section in relation to the vehicle only if authorised to do so by a police officer of at least the rank of inspector; and
(b)without limiting paragraph (a), may open unlocked doors and other unlocked panels and things in the vehicle for gaining entry to it under subsection (5)(a).
(8)This section does not authorise an authorised officer to use force for exercising a power under this section.
(9)Also, an authorised officer may not exercise a power under this section in relation to a personal possession found in the vehicle.
(10)In this section—

prescribed place: see section 33(6).

transport Act does not include the Queensland Road Rules.

35BFurther powers to access or download stored information or to decide if anything found in a prescribed dangerous goods vehicle may be seized#

(1)Without limiting section 35 or 35A, this section applies to help an authorised officer who exercises a power in relation to a prescribed dangerous goods vehicle under section 35 or 35A—
(a)to access or download information contained on anything found in or at the vehicle; or
(b)to decide if anything found in the vehicle may be seized under division 3.
(2)The authorised officer, or a person helping the authorised officer, may exercise the power by operating equipment that is—
(a)in or at the vehicle; or
(b)taken into the vehicle under section 35(2)(g); or
(c)where the thing has been moved under subsection (4).
(3)However, subsection (2) only applies if the authorised officer or person reasonably believes—
(a)the equipment is suitable for exercising the power; and
(b)the power can be exercised without damaging the equipment or thing.
(4)For exercising a power as mentioned in subsection (1)(b), the authorised officer may move the thing to somewhere else if—
(a)it is not practicable to exercise the power in relation to the thing where it is found; or
(b)the person in control of the vehicle consents in writing.

35CRunning or stopping prescribed dangerous goods vehicle engine#

(1)An authorised officer may, to allow the officer to effectively exercise a power under this Act in relation to a prescribed dangerous goods vehicle, enter the vehicle and run or stop its engine (take the prescribed action) or authorise someone else (the assistant) to enter the vehicle and take the prescribed action if—
(a)a person fails to comply with a requirement made by an authorised officer under section 39 to take the prescribed action; or
(b)no person involved in the transport of the dangerous goods in relation to the vehicle is available or willing to take the prescribed action; or
(c)the authorised officer reasonably believes there is no-one else in or near the vehicle who is more capable of taking the prescribed action and is fit and willing to do so.
(2)The authorised officer or assistant may use the force that is reasonably necessary to enter the vehicle and take the prescribed action.
(3)Subsection (2) does not authorise an authorised officer or assistant to use force against a person.
(4)It is immaterial that—
(a)the assistant is not the operator of the vehicle; or
(b)the authorised officer or assistant is not—
(i)authorised by the operator to drive the vehicle or take the prescribed action; or
(ii)qualified to drive the vehicle or take the prescribed action.
(5)This section does not authorise the authorised officer or assistant to drive the vehicle.
(6)In running the engine, 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 qualified to take the prescribed action.

36Power to require vehicle inspections#

(1)If an authorised officer reasonably believes a vehicle may not comply with this Act, the officer may require its owner or registered operator to have it inspected at a stated reasonable time and place.
(2)The requirement—
(a)must be made by notice in the approved form; or
(b)if for any reason it is not practicable to give the notice—may be made orally and confirmed by notice in the approved form as soon as practicable.
(3)A person must comply with a requirement under subsection (1), unless the person has a reasonable excuse.

Maximum penalty for subsection (3)—60 penalty units.

37Power to prohibit use of vehicles#

(1)If an authorised officer reasonably believes a private vehicle or prescribed vehicle is unsafe, the officer may, by notice in the approved form, require the owner, registered operator or person in control of the vehicle not to use it, or permit it to be used, on a road or public place until—
(a)it is inspected at a stated reasonable place and found to comply with this Act; or
(b)stated reasonable action is taken in relation to the vehicle to ensure it complies with this Act.

(2)A person must not contravene, or attempt to contravene, a requirement under subsection (1), unless the person has a reasonable excuse.
(3)If the person in control of a vehicle who receives a notice is not also the owner or registered operator of the vehicle, the person must inform the owner or registered operator of the receipt of the notice as soon as it is practicable.

Maximum penalty for subsection (2)—

for a private vehicle—60 penalty units; or
for a prescribed vehicle—90 penalty units.

Maximum penalty for subsection (3)—

for a private vehicle—60 penalty units; or
for a prescribed vehicle—90 penalty units.

38Power to prohibit persons driving#

(1)This section applies if—
(a)a motor vehicle is stationary on a road or road-related area or has been stopped under—
(i)section 31 or 32; or
(ii)the Heavy Vehicle National Law (Queensland); and
(b)an authorised officer reasonably believes a person would contravene this Act by driving the vehicle.
(2)The authorised officer may require a person mentioned in paragraph (a) or (b) not to drive the vehicle in contravention of this Act—
(a)for a vehicle other than a heavy vehicle or a prescribed dangerous goods vehicle—the person in control of it; or
(b)for a heavy vehicle or a prescribed dangerous goods vehicle—any person.
(2A)The requirement— (a) for a vehicle other than a heavy vehicle or a prescribed dangerous goods vehicle—must be given by notice in the approved form; or

(a) for a vehicle other than a heavy vehicle or a prescribed dangerous goods vehicle—must be given by notice in the approved form; or (b) for a heavy vehicle or a prescribed dangerous goods vehicle—may be given orally or in any other way, including, for example, by way of a sign or electronic or other signal.

(3) A person must not contravene, or attempt to contravene, a requirement under subsection (2), unless the person has a reasonable excuse.

Maximum penalty for subsection (3)—

(a) for a private vehicle other than a suspected dangerous goods vehicle—60 penalty units; or (b) for a suspected dangerous goods vehicle, a heavy vehicle or a prescribed vehicle—90 penalty units.

39Powers to enable effective and safe exercise of other powers#

(1) An authorised officer may require a person mentioned in the following paragraphs to give the officer reasonable help to enable the officer to effectively exercise—

(a) a power under this Act in relation to a vehicle other than a prescribed dangerous goods vehicle—the person in control of the vehicle; (b) a power under this Act in relation to a prescribed dangerous goods vehicle—a person involved in the transport of dangerous goods in relation to the vehicle; (c) a power under this Act in relation to the transport of dangerous goods—a person involved in the transport of the dangerous goods to which the power relates.

(1A) A requirement that may be made under subsection (1)—

(a) includes a requirement to run or stop the vehicle's engine (take the prescribed action); but (b) does not include— (i) a requirement to drive the vehicle; or (ii) a requirement to produce a document or give information; or (iii) a requirement to help the authorised officer find and gain access to a document or information.

(1B) Subsections (1C) to (1F) apply to a person mentioned in subsection (1)(b) who is required to take the prescribed action.

(1C) The person may use the force that is reasonably necessary to enter the vehicle and take the prescribed action.

(1D) However subsection (1C) does not authorise the person to use force against anyone.

(1E) It is immaterial that—

(a) the person is not the operator of the vehicle; or (b) the person is not— (i) authorised by the operator to drive the vehicle or take the prescribed action; or (ii) qualified to drive the vehicle or take the prescribed action.

(1F) In running the engine, the person is exempt from a provision of a transport Act to the extent the provision would require the person to be qualified to take the prescribed action.

(2) An authorised officer may require the person in control of a vehicle, or a person who is in or has just left the vehicle, to do or not to do anything the officer reasonably believes is necessary—

(a) to enable the officer to safely exercise a power under a transport Act in relation to the vehicle; or (b) to preserve the safety of the officer, the person or other persons.

(2A) A requirement under subsection (1) or (2) may be made orally, in writing or in any other way, including, for example, by way of a sign, electronic or other signal, post, telephone, facsimile, electronic mail or radio.

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

Maximum penalty—

(a) for a power exercised in relation to a private vehicle other than a suspected dangerous goods vehicle—60 penalty units; or (b) for a power exercised in relation to a suspected dangerous goods vehicle, a heavy vehicle, a prescribed vehicle or the transport of dangerous goods—90 penalty units.

39AAdditional power for Explosives Act 1999 for particular authorised officers#

(1) This section applies if a vehicle has been stopped under—

(a) section 31(2) or 32(2); or (b) the Heavy Vehicle National Law (Queensland).

(2) An authorised officer who is also an inspector or an authorised officer under the Explosives Act 1999 may check the vehicle to find out—

(a) whether the vehicle is carrying explosives within the meaning of the Explosives Act 1999; and (b) if the vehicle is carrying explosives—whether the explosives are being carried as required under the Explosives Act 1999.

(3) The authorised officer may exercise powers the person has under this Act or the Explosives Act 1999, or both.