Queensland Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (QUEENSLAND) - SECT 522

522 Power to order presentation of heavy vehicles for inspection

(1) An authorised officer may, by notice under subsection (2) , require to be produced for inspection at a place and time stated in the notice, a heavy vehicle—

(a) that the officer reasonably believes has within the preceding 60 days been used or will be used on a road if the officer reasonably believes that—

(i) the driver of the vehicle has not complied with this Law in driving a heavy vehicle of that kind; or

(ii) the vehicle does not comply with this Law; or

(iii) the vehicle is a defective heavy vehicle as defined in section 525 ; or

(b) without limiting paragraph (a) , for the purpose of deciding if a vehicle defect notice for the vehicle can be cleared under section 530 .

(1A) An authorised officer may, by notice under subsection (2) , require to be produced for inspection at a place and time stated in the notice, vehicles in a category of heavy vehicles that the officer reasonably believes have within the preceding 60 days been used or will be used on a road if the officer reasonably believes that—

(a) the vehicles in that category do not comply with this Law; or

(b) the vehicles in that category are defective heavy vehicles as defined in section 525 .

(2) A notice must be served on—

(a) the person in charge of the heavy vehicle or category of heavy vehicles; or

(b) the registered operator or, if the heavy vehicle or category of heavy vehicles is not registered, an owner.

(3) If a notice has been served on a person under this section—

(a) the person may, not later than 24 hours before the time stated in the notice, request an authorised officer to change the place or time of inspection or both; and

(b) subject to paragraph (c) , the authorised officer must—

(i) consider the request; and

(ii) vary the notice by changing the place or time; and

(iii) notify the person of the change; and

(c) the authorised officer may refuse the request if the officer considers—

(i) there may be a safety risk in acceding to the request; or

(ii) the request is made for an improper reason; or

(iii) it is otherwise not reasonable to vary the notice.

(4) An inspection may include any tests an authorised officer decides to be appropriate.

(5) A person must not fail to produce a heavy vehicle for inspection—

(a) subject to paragraph (b) , at the place and time stated in the notice served on the person; or

(b) if the notice has been varied under this section, at the place and time stated in the notice as varied.

Penalty—

Maximum penalty—$6000.

(6) An authorised officer may act under subsection (1A) only if—

(a) for an authorised officer who is a police officer—the officer has the relevant police commissioner’s written authority to act under subsection (1A) ; or

(b) for an authorised officer who is not a police officer—the officer’s instrument of appointment provides that the authorised officer may act under subsection (1A) .