Queensland Consolidated Acts

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 66

66 Power to prohibit use of vehicles

(1) If a police officer reasonably suspects a vehicle is unsafe or defective, the police officer may, by notice in the approved form, require its owner or, if there is a registered operator for the vehicle and the registered operator, apart from being the registered operator, is not the owner of the vehicle, its registered operator, not to use it, or permit it to be used, on a road until—

(a) it is inspected at a stated reasonable place and found to comply with the Road Use Management Act or the Heavy Vehicle National Law (Queensland) ; or

(b) stated reasonable action is taken in relation to the vehicle to ensure it complies with the Road Use Management Act or the Heavy Vehicle National Law (Queensland) .

Examples of action that may be reasonable under paragraph (b)—

1 the vehicle’s load be adjusted or moved

2 stated repairs be carried out to the vehicle and the vehicle be inspected at a stated place and found to comply with the Road Use Management Act

(2) Without limiting subsection (1) , the police officer may issue a defect notice for the vehicle or attach a defective vehicle label to the vehicle.

(3) A person must not contravene, or attempt to contravene, a requirement under subsection (1) , 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 requirement under subsection (1) relates to compliance with the Heavy Vehicle National Law (Queensland) —the corresponding HVNL(Q) penalty amount; or

Note—

On the commencement of this note, the corresponding HVNL(Q) penalty amount was $3,000. Generally, see section 53C .

(c) otherwise—90 penalty units.

(4) It is a reasonable excuse for subsection (3) if—

(a) the vehicle’s registration is cancelled and the person gives the police officer who issued the defect notice written notice of that fact within 7 days after the cancellation; or

(b) the vehicle is disposed of to a motor dealer and the person gives the chief executive of the department within which the Road Use Management Act is administered written notice of the name and address of the motor dealer within 7 days after the disposal.

(5) If the driver to whom a defect notice is given is not the owner or registered operator, the driver must immediately give the defect notice to the owner or registered operator, unless the driver has a reasonable excuse.

Penalty—

Maximum penalty—

(a) for a heavy vehicle, if the requirement under subsection (1) relates to compliance with the Heavy Vehicle National Law (Queensland) —the corresponding HVNL(Q) penalty amount; or

Note—

On the commencement of this note, the corresponding HVNL(Q) penalty amount was $3,000. Generally, see section 53C .

(b) otherwise—30 penalty units.

(6) A person must not remove a defective vehicle label attached to a vehicle from the vehicle, unless the person has a reasonable excuse.

Penalty—

Maximum penalty—

(a) for a heavy vehicle, if the requirement under subsection (1) relates to compliance with the Heavy Vehicle National Law (Queensland) —the corresponding HVNL(Q) penalty amount; or

Note—

On the commencement of this note, the corresponding HVNL(Q) penalty amount was $3,000. Generally, see section 53C .

(b) otherwise—30 penalty units.

(7) However, a police officer may remove the label if the police officer is reasonably satisfied the vehicle is no longer defective.

(8) In this section—

"defective vehicle label" has the meaning given under the Road Use Management Act .

"defect notice" has the meaning given under the Road Use Management Act .

"motor dealer" means a motor dealer under the Motor Dealers and Chattel Auctioneers Act 2014 .

"owner" , of a vehicle, has the meaning given under the Road Use Management Act , schedule 4 .