Power to inspect and test vehicles
118 Power to inspect and test vehicles
A police officer or authorised person may inspect a public passenger vehicle, or any other vehicle that the police officer or authorised person believes, on reasonable grounds, is operating, or has operated, as a public passenger vehicle, and may inspect and test its equipment and fittings.
The dictionary definition of inspect a vehicle includes observe the performance of the vehicle or any of its equipment, with or without the use of instruments.
Without limiting subsection (1), the police officer or authorised person may, for that subsection, do 1 or more of the following:
if the vehicle is being driven—ask or signal the driver of the vehicle to stop the vehicle;
get into or onto the vehicle and remain in or on the vehicle;
operate the vehicle and any of its equipment;
ask the driver or anyone else apparently in charge of the vehicle to—
give the police officer or authorised person any information the police officer or authorised person reasonably requires to inspect or test the vehicle; or
do anything else the police officer or authorised person reasonably requires to inspect or test the vehicle.
If a vehicle is stopped because of a request or signal under subsection (2) (a), any inspection or testing of the vehicle must be carried out—
at, or as near as practicable to, the place where the request or signal is made or given; and
as soon as practicable, and in any case within 1 hour, after the vehicle is stopped.
A person commits an offence if the person fails to comply with a request or signal made or given by a police officer or authorised person under this section.
Maximum penalty: 20 penalty units.
An offence against this section is a strict liability offence.
This Act’s bill:Explanatory statementSecond reading speech
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