Queensland Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

HEAVY VEHICLE NATIONAL LAW AMENDMENT ACT 2013 No. 4 - SECT 522

522 Power to order presentation of heavy vehicles for inspection

(1) An authorised officer may, by notice under subsection (2), require to be produced for inspection at a place and time stated in the notice, a heavy vehicle—

(a) that the officer reasonably believes has within the preceding 30 days been used or will be used on a road if the officer reasonably believes that—
(i) the driver of the vehicle has not complied with this Law in driving a heavy vehicle of that kind; or
(ii) the vehicle does not comply with this Law; or
(iii) the vehicle is a defective heavy vehicle as defined in section 525; or
(b) without limiting paragraph (a), for the purpose of deciding if a vehicle defect notice for the vehicle can be cleared under section 530.

(2) A notice must be served on—

(a) the person in charge of the heavy vehicle; or
(b) the registered operator or, if the heavy vehicle is not registered, an owner.

(3) If a notice has been served on a person under this section—

(a) the person may, not later than 24 hours before the time stated in the notice, request an authorised officer to change the place or time of inspection or both; and
(b) subject to paragraph (c), the authorised officer must—
(i) consider the request; and
(ii) vary the notice by changing the place or time; and
(iii) notify the person of the change; and
(c) the authorised officer may refuse the request if the officer considers—
(i) there may be a safety risk in acceding to the request; or
(ii) the request is made for an improper reason; or
(iii) it is otherwise not reasonable to vary the notice.

(4) An inspection may include any tests an authorised officer decides to be appropriate.

(5) A person must not fail to produce a heavy vehicle for inspection—

(a) subject to paragraph (b), at the place and time stated in the notice served on the person; or
(b) if the notice has been varied under this section, at the place and time stated in the notice as varied.

Maximum penalty—$6000.

(6) Failure to produce or allow a heavy vehicle to be inspected as required under this section is a ground for suspending the registration of the vehicle.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback