Queensland Consolidated Acts

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 61

61 Power to require vehicles to be moved

(1) This section applies to a vehicle that is stationary or has been stopped under section 60 .

(2) To enable a police officer to exercise a power for a prescribed purpose, the police officer may require the person in control of the vehicle to move the vehicle to a stated reasonable place.

Example for subsection (2)—

The officer may require the person to move the vehicle onto a weighing or testing device.

(3) However, the place must be—

(a) for a private vehicle—within a 5km radius from where the vehicle was stationary or stopped; or

(b) for another vehicle—within a 30km radius from—

(i) where the vehicle was stationary or stopped; or

(ii) if the requirement is given within the course of the vehicle’s journey—any point along the forward route of the journey.

(4) 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 power to be exercised by the police officer as mentioned in subsection (2) is for 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.

(5) For a vehicle, other than a private vehicle, if the person does not comply with the requirement, the police officer may move the vehicle to the required place.

(6) However, if the vehicle is an aircraft or boat, the police officer may move the vehicle only if the officer has the necessary qualification, or has received appropriate training, to control the vehicle.