Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 37

37 Power 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.

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

• adjusting or moving the vehicle’s load

• carrying out stated repairs to the vehicle and having the vehicle inspected at a stated place 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.

Penalty—

Maximum penalty for subsection (2) —

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

(b) for a prescribed vehicle—90 penalty units.

(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.

Penalty—

Maximum penalty for subsection (3) —

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

(b) for a prescribed vehicle—90 penalty units.