Queensland Consolidated Acts

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 60

60 Stopping vehicles for prescribed purposes

(1) A police officer may require the person in control of a vehicle, other than a train or a vehicle being pulled by an animal, to stop the vehicle for a prescribed purpose.

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

Penalty—

Maximum penalty—

(a) for a private vehicle—60 penalty units; or

(b) for a heavy vehicle, if the purpose for stopping the vehicle is HVNL(Q) compliance or enforcement—the corresponding HVNL(Q) penalty amount; or

Note—

On the commencement of this note, the corresponding HVNL(Q) penalty amount was $6,000. Generally, see section 53C .

(c) otherwise—90 penalty units.

Example of a reasonable excuse for subsection (2)—

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.

(3) The prescribed purposes are as follows—

(a) for enforcing a transport Act or the Heavy Vehicle National Law (Queensland) ;

(b) to check whether the vehicle complies, or the person is complying, with a transport Act or the Heavy Vehicle National Law (Queensland) ;

(c) for monitoring or enforcing a liquor provision;

(d) for enforcing a contravention of law involving putting, dropping and leaving litter on a public place from a vehicle;

(e) to conduct a breath test or saliva test;

(f) to investigate the emission of excessive noise from—

(i) a motor vehicle on a road or in a public place; or

(ii) a motorbike being driven on a place other than a road;

(g) to give a noise abatement direction to the person responsible for the emission of excessive noise from—

(i) a motor vehicle on a road or in a public place; or

(ii) a motorbike being driven on a place other than a road;

Note—

For the power to give noise abatement directions, see section 581 .

(h) to impound or immobilise a motor vehicle under chapter 4 ;

(i) for enforcing the Tobacco and Other Smoking Products Act 1998 , section 117 ;

(j) to give the person any of the following under the Peace and Good Behaviour Act 1982 —

(i) a public safety order;

(ii) a restricted premises order;

(iii) a fortification removal order;

(k) to give a person, under section 53BAC , an official warning for consorting.

(4) For monitoring or enforcing a liquor provision, the police officer may exercise any of the following powers if the officer reasonably suspects the exercise of the power may be effective for the purpose—

(a) enter the vehicle and remain in it for the time reasonably necessary for the purpose;

(b) search the vehicle and anything in it;

(c) inspect, measure, test, photograph or film the vehicle or anything in it;

(d) take samples of anything in or on the vehicle;

(e) seize anything the officer reasonably suspects is evidence of the commission of an offence against a liquor provision;

(f) copy a document in the vehicle;

(g) move the vehicle’s load.

(5) For conducting a breath test or saliva test, the police officer may enter the vehicle and remain in it for the time reasonably necessary for the purpose.

Examples for subsection (5)—

1 The police officer may hold a breath or saliva testing device in or through an open window of a car so the driver can provide a specimen of breath or saliva.

2 The police officer may board a boat so the driver of the boat can provide a specimen of breath or saliva.

(6) In this section—

"excessive noise" means excessive noise mentioned in section 576 (1) and to which chapter 19 , part 3 applies.

"in" , for a vehicle, includes on the vehicle.

"liquor provision" means any of the following provisions—

(a) the Liquor Act 1992 , section 168B , 168C , 169 or 171 ;

(b) the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 , section 34 or 38 .

"monitor" , a liquor provision, means check whether the provision is being complied with.