South Australian Current Acts

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

ROAD TRAFFIC ACT 1961 - SECT 40Q

40Q—Power to inspect vehicle on road or certain official premises

        (1)         This section applies to a vehicle located at a place—

            (a)         on a road; or

            (b)         in or on premises occupied or owned by a public authority,

whether or not the vehicle is unattended.

        (2)         An authorised officer may inspect a vehicle for compliance purposes.

        (3)         The officer may enter the vehicle for the purpose of or in connection with conducting the inspection.

        (4)         The officer may exercise powers under this section at any time, and without the consent of the driver or other person apparently in charge of the vehicle or any other person.

        (5)         Without limiting the above, the power to inspect a vehicle under this section includes any or all of the following:

            (a)         the power to weigh, test, measure or take photographs of the vehicle or any part of it or its equipment or load;

            (b)         the power to check the existence or details of, or take photographs of, placards or other information required under an Australian road law to be displayed in or on the vehicle, including placards or other information relating to its specifications, capabilities or legal entitlements;

            (c)         the power to inspect and take copies of or extracts from any records that are located in or on the vehicle and that are required to be carried in or on the vehicle under an Australian road law;

            (d)         the power to access or download information that is required to be kept under an Australian road law and that is—

                  (i)         stored electronically in equipment located in or on the vehicle; or

                  (ii)         accessible electronically from equipment located in or on the vehicle.

        (6)         This section does not authorise the use of force, but the officer may under this section do any or all of the following:

            (a)         open unlocked doors and other unlocked panels and objects;

            (b)         inspect anything that has been opened or otherwise accessed under the power to use reasonable force in the exercise of a power to enter or move a vehicle under Subdivision 3;

            (c)         move but not take away anything that is not locked up or sealed.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback