sec.33Requiring vehicle to be moved for exercising power

### sec.33 Requiring vehicle to be moved for exercising power This section applies to— a motor vehicle, other than a heavy vehicle or a prescribed dangerous goods vehicle, that is stationary on a road or has been stopped under section 31 or 32 ; and without limiting sections 33A to 33C , a heavy vehicle or a prescribed dangerous goods vehicle that— is stationary in a following place— a road or road-related area; a public place; another place occupied or owned by the State or a government entity; for a prescribed dangerous goods vehicle—a prescribed place an authorised officer has entered under section 26 or a place an authorised officer has entered under section 26A or 26B ; or has been stopped under— section 32 ; or the Heavy Vehicle National Law (Queensland) . To enable an authorised officer to exercise a power under a transport Act, the officer may require a person mentioned in paragraph (a) or (b) to move the vehicle, or cause it to be moved, to a stated reasonable place— for a vehicle other than a heavy vehicle or a prescribed dangerous goods vehicle—the person in control of the vehicle; or for a heavy vehicle or a prescribed dangerous goods vehicle—the person in control, or the operator, of the vehicle. The authorised officer may require the person to move the vehicle onto a weighing device or to a testing device. However, the place must be— for a private vehicle other than a suspected dangerous goods vehicle—within a 5km radius from where the vehicle was stationary or stopped; or for a heavy vehicle, a prescribed vehicle or a suspected dangerous goods vehicle—within a 30km radius from— where the vehicle was stationary or stopped; or if the requirement is given in the course of the vehicle’s journey—any point along the forward route of the journey. A requirement under subsection (2) may be made orally or in any other way, including, for example— for a requirement made to the person in control of a vehicle—by way of a sign or electronic or other signal; or for a requirement made to the operator of a heavy vehicle or a prescribed dangerous goods vehicle—by telephone, facsimile, electronic mail or radio. The person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty— for a private vehicle other than a suspected dangerous goods vehicle—60 penalty units; or for a heavy vehicle, a prescribed vehicle or a suspected dangerous goods vehicle—90 penalty units. For a heavy vehicle, a prescribed vehicle or a suspected dangerous goods vehicle, if the person does not comply with the requirement, the officer may move the vehicle to the required place. In this section— prescribed place , for a prescribed dangerous goods vehicle, means— any of the following places relating to a person involved in the transport of dangerous goods in the vehicle— a place at or from which the person carries on a business; a place that is occupied by the person in connection with a business carried on by the person; the registered office of a business carried on by the person; or a place that is— the garage address for the vehicle; or without limiting subparagraph (i) , the base of the vehicle’s driver; or a place where a document relating to the vehicle is located or required to be kept under a transport Act or alternative compliance scheme. s 33 amd 1997 No. 66 s 114 ; 2007 No. 25 s 12 ; 2007 No. 43 ss 33 sch , 40; 2008 No. 67 s 52 ; 2008 No. 66 s 4 sch pt 2 ; 2013 No. 26 s 49 (sec.33-ssec.1) This section applies to— a motor vehicle, other than a heavy vehicle or a prescribed dangerous goods vehicle, that is stationary on a road or has been stopped under section 31 or 32 ; and without limiting sections 33A to 33C , a heavy vehicle or a prescribed dangerous goods vehicle that— is stationary in a following place— a road or road-related area; a public place; another place occupied or owned by the State or a government entity; for a prescribed dangerous goods vehicle—a prescribed place an authorised officer has entered under section 26 or a place an authorised officer has entered under section 26A or 26B ; or has been stopped under— section 32 ; or the Heavy Vehicle National Law (Queensland) . (sec.33-ssec.2) To enable an authorised officer to exercise a power under a transport Act, the officer may require a person mentioned in paragraph (a) or (b) to move the vehicle, or cause it to be moved, to a stated reasonable place— for a vehicle other than a heavy vehicle or a prescribed dangerous goods vehicle—the person in control of the vehicle; or for a heavy vehicle or a prescribed dangerous goods vehicle—the person in control, or the operator, of the vehicle. The authorised officer may require the person to move the vehicle onto a weighing device or to a testing device. (sec.33-ssec.3) However, the place must be— for a private vehicle other than a suspected dangerous goods vehicle—within a 5km radius from where the vehicle was stationary or stopped; or for a heavy vehicle, a prescribed vehicle or a suspected dangerous goods vehicle—within a 30km radius from— where the vehicle was stationary or stopped; or if the requirement is given in the course of the vehicle’s journey—any point along the forward route of the journey. (sec.33-ssec.3A) A requirement under subsection (2) may be made orally or in any other way, including, for example— for a requirement made to the person in control of a vehicle—by way of a sign or electronic or other signal; or for a requirement made to the operator of a heavy vehicle or a prescribed dangerous goods vehicle—by telephone, facsimile, electronic mail or radio. (sec.33-ssec.4) The person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty— for a private vehicle other than a suspected dangerous goods vehicle—60 penalty units; or for a heavy vehicle, a prescribed vehicle or a suspected dangerous goods vehicle—90 penalty units. (sec.33-ssec.5) For a heavy vehicle, a prescribed vehicle or a suspected dangerous goods vehicle, if the person does not comply with the requirement, the officer may move the vehicle to the required place. (sec.33-ssec.6) In this section— prescribed place , for a prescribed dangerous goods vehicle, means— any of the following places relating to a person involved in the transport of dangerous goods in the vehicle— a place at or from which the person carries on a business; a place that is occupied by the person in connection with a business carried on by the person; the registered office of a business carried on by the person; or a place that is— the garage address for the vehicle; or without limiting subparagraph (i) , the base of the vehicle’s driver; or a place where a document relating to the vehicle is located or required to be kept under a transport Act or alternative compliance scheme. - (a) a motor vehicle, other than a heavy vehicle or a prescribed dangerous goods vehicle, that is stationary on a road or has been stopped under section 31 or 32 ; and - (b) without limiting sections 33A to 33C , a heavy vehicle or a prescribed dangerous goods vehicle that— (i) is stationary in a following place— (A) a road or road-related area; (B) a public place; (C) another place occupied or owned by the State or a government entity; (D) for a prescribed dangerous goods vehicle—a prescribed place an authorised officer has entered under section 26 or a place an authorised officer has entered under section 26A or 26B ; or (ii) has been stopped under— (A) section 32 ; or (B) the Heavy Vehicle National Law (Queensland) . - (i) is stationary in a following place— (A) a road or road-related area; (B) a public place; (C) another place occupied or owned by the State or a government entity; (D) for a prescribed dangerous goods vehicle—a prescribed place an authorised officer has entered under section 26 or a place an authorised officer has entered under section 26A or 26B ; or - (A) a road or road-related area; - (B) a public place; - (C) another place occupied or owned by the State or a government entity; - (D) for a prescribed dangerous goods vehicle—a prescribed place an authorised officer has entered under section 26 or a place an authorised officer has entered under section 26A or 26B ; or - (ii) has been stopped under— (A) section 32 ; or (B) the Heavy Vehicle National Law (Queensland) . - (A) section 32 ; or - (B) the Heavy Vehicle National Law (Queensland) . - (i) is stationary in a following place— (A) a road or road-related area; (B) a public place; (C) another place occupied or owned by the State or a government entity; (D) for a prescribed dangerous goods vehicle—a prescribed place an authorised officer has entered under section 26 or a place an authorised officer has entered under section 26A or 26B ; or - (A) a road or road-related area; - (B) a public place; - (C) another place occupied or owned by the State or a government entity; - (D) for a prescribed dangerous goods vehicle—a prescribed place an authorised officer has entered under section 26 or a place an authorised officer has entered under section 26A or 26B ; or - (ii) has been stopped under— (A) section 32 ; or (B) the Heavy Vehicle National Law (Queensland) . - (A) section 32 ; or - (B) the Heavy Vehicle National Law (Queensland) . - (A) a road or road-related area; - (B) a public place; - (C) another place occupied or owned by the State or a government entity; - (D) for a prescribed dangerous goods vehicle—a prescribed place an authorised officer has entered under section 26 or a place an authorised officer has entered under section 26A or 26B ; or - (A) section 32 ; or - (B) the Heavy Vehicle National Law (Queensland) . - (a) for a vehicle other than a heavy vehicle or a prescribed dangerous goods vehicle—the person in control of the vehicle; or - (b) for a heavy vehicle or a prescribed dangerous goods vehicle—the person in control, or the operator, of the vehicle. - (a) for a private vehicle other than a suspected dangerous goods vehicle—within a 5km radius from where the vehicle was stationary or stopped; or - (b) for a heavy vehicle, a prescribed vehicle or a suspected dangerous goods vehicle—within a 30km radius from— (i) where the vehicle was stationary or stopped; or (ii) if the requirement is given in the course of the vehicle’s journey—any point along the forward route of the journey. - (i) where the vehicle was stationary or stopped; or - (ii) if the requirement is given in the course of the vehicle’s journey—any point along the forward route of the journey. - (i) where the vehicle was stationary or stopped; or - (ii) if the requirement is given in the course of the vehicle’s journey—any point along the forward route of the journey. - (a) for a requirement made to the person in control of a vehicle—by way of a sign or electronic or other signal; or - (b) for a requirement made to the operator of a heavy vehicle or a prescribed dangerous goods vehicle—by telephone, facsimile, electronic mail or radio. - (a) for a private vehicle other than a suspected dangerous goods vehicle—60 penalty units; or - (b) for a heavy vehicle, a prescribed vehicle or a suspected dangerous goods vehicle—90 penalty units. - (a) any of the following places relating to a person involved in the transport of dangerous goods in the vehicle— (i) a place at or from which the person carries on a business; (ii) a place that is occupied by the person in connection with a business carried on by the person; (iii) the registered office of a business carried on by the person; or - (i) a place at or from which the person carries on a business; - (ii) a place that is occupied by the person in connection with a business carried on by the person; - (iii) the registered office of a business carried on by the person; or - (b) a place that is— (i) the garage address for the vehicle; or (ii) without limiting subparagraph (i) , the base of the vehicle’s driver; or - (i) the garage address for the vehicle; or - (ii) without limiting subparagraph (i) , the base of the vehicle’s driver; or - (c) a place where a document relating to the vehicle is located or required to be kept under a transport Act or alternative compliance scheme. - (i) a place at or from which the person carries on a business; - (ii) a place that is occupied by the person in connection with a business carried on by the person; - (iii) the registered office of a business carried on by the person; or - (i) the garage address for the vehicle; or - (ii) without limiting subparagraph (i) , the base of the vehicle’s driver; or