162Directions to driver of commercial passenger vehicle

162 Directions to driver of commercial passenger vehicle

(1) An authorised officer may, for compliance and investigative purposes, direct the driver of a motor vehicle—

(a) to produce for inspection any licence, permit or document which is required to be carried in, or by the driver of, a commercial passenger vehicle; or

(b) to state their name and address; or

(c) to stop the vehicle; or

(d) to keep the vehicle stationary for a sufficient period of time for the vehicle to be inspected; or

(e) to move the vehicle to the nearest convenient and safe place for the vehicle to be inspected; or

(f) to present a commercial passenger vehicle at a reasonable time and place for inspection by—

(i) an authorised officer; or

(ii) a police officer; or

(iii) a prescribed person.

(2) Subject to subsection (5), a driver who is given a direction under subsection (1) must comply with the direction unless the person has a reasonable excuse.

(3) A direction under subsection (1)(c) or (d) may be given by calling or signalling to the driver.

(4) It is a defence to a charge for an offence against subsection (2) relating to a direction under subsection (1)(c) or (d) that the accused was obeying a provision of the rules made under section 95D of the Road Safety Act 1986.

(5) If a direction under subsection (1)(f) is given to a driver who is not the person in whose name the vehicle is registered under Part 3, the driver must, as soon as practicable, notify the person in whose name the vehicle is registered under Part 3 of—

(a) the direction; and

(b) if the driver has not been, or is not, reasonably able to comply with the direction, that fact.

Penalty: 5 penalty units.

(6) A person who, under subsection (5), is notified of a direction must comply with the direction unless the person has a reasonable excuse.

driver means a person who is in charge of the vehicle within the meaning of section 3AA of the Road Safety Act 1986.

S. 163 inserted by No. 63/2017 s. 18.