Power to enable effective and safe exercise of other powers
68 Power to enable effective and safe exercise of other powers
A police officer may require the person in control of a vehicle to give the officer reasonable help to enable the officer to effectively exercise a power under this chapter in relation to the vehicle.Examples of requirements for effectively exercising powers—
1 requiring the vehicle to be held stationary on a weighing device to enable the vehicle to be weighed
2 requiring the vehicle’s bonnet to be opened to enable the engine to be inspected
A police officer may require the person in control of a vehicle, or a person who is in or has just left the vehicle, to do or not to do anything the police officer reasonably believes is necessary—
to enable the police officer to safely exercise a power under a transport Act or the Heavy Vehicle National Law (Queensland) in relation to the vehicle; or
to preserve the safety of the police officer, the person or other persons.
Examples of safety requirements—
1 requiring the persons in a vehicle to get out of the vehicle while the police officer inspects the vehicle’s undercarriage
2 requiring a person who has just left the vehicle to stand back from the road
3 requiring a person to remain in control of a vehicle for a reasonable time
A person must comply with a requirement under subsection (1) or (2), unless the person has a reasonable excuse.Maximum penalty for subsection (3)—
for a private vehicle—60 penalty units; or
for a heavy vehicle, if the requirement relates to the safe exercise of a power under the Heavy Vehicle National Law (Queensland)—the corresponding HVNL(Q) penalty amount; orNote—On the commencement of this note, the corresponding HVNL(Q) penalty amount was $10,000. Generally, see section 53C.
otherwise—90 penalty units.
This Act’s bill:Explanatory memorandum
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