QLDIn ForceAct
Transport Operations (Passenger Transport) Act 1994
sec.123Entry or boarding of vehicles
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### sec.123 Entry or boarding of vehicles
An authorised person may enter or board a vehicle if the authorised person has reasonable grounds for suspecting—
the vehicle is being, or has been, used in the commission of an offence against this Act; or
the vehicle, or a thing in or on the vehicle, may provide evidence of the commission of an offence against this Act.
Also, an authorised person may enter on board a vehicle if the authorised person reasonably believes a dangerous situation exists in or at the vehicle and it is necessary for the authorised person to enter to take action under section 126O to deal with the dangerous situation.
If the vehicle is moving or about to move, the authorised person may signal the person in control of the vehicle to stop the vehicle or not to move it.
To enable the vehicle to be entered or boarded, the authorised person may—
act with necessary and reasonable help and force; and
require the person in control of the vehicle to give reasonable help to the authorised person.
A person must obey a signal under subsection (2) , unless the person has a reasonable excuse for disobeying it.
Maximum penalty—75 penalty units.
A person must comply with a requirement under subsection (3) (b) , unless the person has a reasonable excuse for not complying with it.
Maximum penalty—75 penalty units.
It is a reasonable excuse for a person to disobey a signal under subsection (2) if—
the person reasonably believes that to obey the signal immediately would have endangered the person, someone else or the vehicle; and
the person obeys the signal as soon as it is practicable to obey it.
s 123 amd 2008 No. 67 s 22 ; 2008 No. 66 s 4 sch pt 2
(sec.123-ssec.1) An authorised person may enter or board a vehicle if the authorised person has reasonable grounds for suspecting— the vehicle is being, or has been, used in the commission of an offence against this Act; or the vehicle, or a thing in or on the vehicle, may provide evidence of the commission of an offence against this Act.
(sec.123-ssec.1A) Also, an authorised person may enter on board a vehicle if the authorised person reasonably believes a dangerous situation exists in or at the vehicle and it is necessary for the authorised person to enter to take action under section 126O to deal with the dangerous situation.
(sec.123-ssec.2) If the vehicle is moving or about to move, the authorised person may signal the person in control of the vehicle to stop the vehicle or not to move it.
(sec.123-ssec.3) To enable the vehicle to be entered or boarded, the authorised person may— act with necessary and reasonable help and force; and require the person in control of the vehicle to give reasonable help to the authorised person.
(sec.123-ssec.4) A person must obey a signal under subsection (2) , unless the person has a reasonable excuse for disobeying it. Maximum penalty—75 penalty units.
(sec.123-ssec.5) A person must comply with a requirement under subsection (3) (b) , unless the person has a reasonable excuse for not complying with it. Maximum penalty—75 penalty units.
(sec.123-ssec.6) It is a reasonable excuse for a person to disobey a signal under subsection (2) if— the person reasonably believes that to obey the signal immediately would have endangered the person, someone else or the vehicle; and the person obeys the signal as soon as it is practicable to obey it.
- (a) the vehicle is being, or has been, used in the commission of an offence against this Act; or
- (b) the vehicle, or a thing in or on the vehicle, may provide evidence of the commission of an offence against this Act.
- (a) act with necessary and reasonable help and force; and
- (b) require the person in control of the vehicle to give reasonable help to the authorised person.
- (a) the person reasonably believes that to obey the signal immediately would have endangered the person, someone else or the vehicle; and
- (b) the person obeys the signal as soon as it is practicable to obey it.