Queensland Consolidated Regulations

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--ACCREDITATION AND OTHER PROVISIONS) REGULATION 2015 - REG 136

136 Approval of random inspection program

(1) The chief executive may approve a program for stopping private vehicles for section 47 of the Act , only if the program—

(a) states that only an authorised officer who has successfully finished a particular course of training may exercise the powers of an authorised officer at a checkpoint; and

(b) requires an authorised officer to wear a uniform approved by the chief executive when the authorised officer is on duty at the checkpoint; and

(c) requires a police officer in uniform to be present at the checkpoint at night; and

(d) establishes particular objective criteria for the random selection of motor vehicles for stopping at checkpoints.

Examples of objective criteria for random selection of motor vehicles—

1 Every fifth motor vehicle passing the checkpoint is to be checked.

2 Every second motor vehicle passing the checkpoint that appears to the authorised officer to be older than 5 years is to be checked.

(2) The program may include other matters the chief executive considers appropriate.

(3) The exercise of a power under section 31 (1) (a) of the Act is not invalid only because the authorised officer did not tell the driver the particular objective criterion used to select the driver’s vehicle for stopping the vehicle at a checkpoint.

(4) A course of training mentioned in subsection (1) must educate authorised officers about the powers and duties of authorised officers under the Act and the appropriate way of exercising the powers and duties.