Inspection of vehicles on roads, in public places or certain official premises
52 Inspection of vehicles on roads, in public places or certain official premises
In this section —
vehicle means a vehicle (whether attended or unattended) located —
on a road; or
in or on a public place; or
in or on premises occupied or owned by the CEO, the Commissioner of Police or other public authority but not including premises that are, or any part of premises that is, used predominantly for residential purposes; or
at an inspection station.
A police officer may inspect a vehicle —
for MDLR compliance purposes; or
for any defect as defined in the Road Traffic (Vehicles) Act 2012 section 70.
A police officer may enter a vehicle for the purpose of or in connection with conducting an inspection under this section.
A police officer may exercise powers under this section at any time, and without the consent of the driver or other person apparently in charge of a vehicle or any other person.
The power to inspect a vehicle under this section includes —
the power to examine, weigh, test (including test drive), measure or take photographs of the vehicle or any part of it, its equipment or load; and
the power to check the existence or details of, or take photographs of, placards or other information required under a road law to be displayed in or on the vehicle; and
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 the Road Traffic (Vehicles) Act 2012 Part 4 (including any regulation made, or requirement imposed, under or for the purposes of that Part); and
the power to access or download information that is required to be kept under the Road Traffic (Vehicles) Act 2012 Part 4 (including any regulation made, or requirement imposed, under or for the purposes of that Part) and that is —
stored electronically in equipment located in or on the vehicle; or
accessible electronically from equipment located in or on the vehicle.
This section does not authorise the use of force, but a police officer may, in the exercise of powers under this section —
open unlocked doors and other unlocked panels and objects; and
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 Division 4; and
move but not take away anything that is not locked up or sealed.
[Section 52 amended: No. 8 of 2012 s. 217 and 232.]
This provision refers to the regulations (any regulation
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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