sec.38Power to prohibit persons driving

### sec.38 Power to prohibit persons driving This section applies if— a motor vehicle is stationary on a road or road-related area or has been stopped under— section 31 or 32 ; or the Heavy Vehicle National Law (Queensland) ; and an authorised officer reasonably believes a person would contravene this Act by driving the vehicle. The authorised officer may require a person mentioned in paragraph (a) or (b) not to drive the vehicle in contravention of this Act— for a vehicle other than a heavy vehicle or a prescribed dangerous goods vehicle—the person in control of it; or for a heavy vehicle or a prescribed dangerous goods vehicle—any person. The requirement— for a vehicle other than a heavy vehicle or a prescribed dangerous goods vehicle—must be given by notice in the approved form; or for a heavy vehicle or a prescribed dangerous goods vehicle—may be given orally or in any other way, including, for example, by way of a sign or electronic or other signal. A person must not contravene, or attempt to contravene, a requirement under subsection (2) , unless the person has a reasonable excuse. Maximum penalty for subsection (3) — for a private vehicle other than a suspected dangerous goods vehicle—60 penalty units; or for a suspected dangerous goods vehicle, a heavy vehicle or a prescribed vehicle—90 penalty units. s 38 amd 1999 No. 42 s 30 ; 2004 No. 53 s 2 sch ; 2007 No. 43 ss 33 sch , 45; 2008 No. 67 s 61 ; 2008 No. 66 s 4 sch pt 2 ; 2013 No. 26 s 59 (sec.38-ssec.1) This section applies if— a motor vehicle is stationary on a road or road-related area or has been stopped under— section 31 or 32 ; or the Heavy Vehicle National Law (Queensland) ; and an authorised officer reasonably believes a person would contravene this Act by driving the vehicle. (sec.38-ssec.2) The authorised officer may require a person mentioned in paragraph (a) or (b) not to drive the vehicle in contravention of this Act— for a vehicle other than a heavy vehicle or a prescribed dangerous goods vehicle—the person in control of it; or for a heavy vehicle or a prescribed dangerous goods vehicle—any person. (sec.38-ssec.2A) The requirement— for a vehicle other than a heavy vehicle or a prescribed dangerous goods vehicle—must be given by notice in the approved form; or for a heavy vehicle or a prescribed dangerous goods vehicle—may be given orally or in any other way, including, for example, by way of a sign or electronic or other signal. (sec.38-ssec.3) A person must not contravene, or attempt to contravene, a requirement under subsection (2) , unless the person has a reasonable excuse. Maximum penalty for subsection (3) — for a private vehicle other than a suspected dangerous goods vehicle—60 penalty units; or for a suspected dangerous goods vehicle, a heavy vehicle or a prescribed vehicle—90 penalty units. - (a) a motor vehicle is stationary on a road or road-related area or has been stopped under— (i) section 31 or 32 ; or (ii) the Heavy Vehicle National Law (Queensland) ; and - (i) section 31 or 32 ; or - (ii) the Heavy Vehicle National Law (Queensland) ; and - (b) an authorised officer reasonably believes a person would contravene this Act by driving the vehicle. - (i) section 31 or 32 ; or - (ii) the Heavy Vehicle National Law (Queensland) ; and - (a) for a vehicle other than a heavy vehicle or a prescribed dangerous goods vehicle—the person in control of it; or - (b) for a heavy vehicle or a prescribed dangerous goods vehicle—any person. - (a) for a vehicle other than a heavy vehicle or a prescribed dangerous goods vehicle—must be given by notice in the approved form; or - (b) for a heavy vehicle or a prescribed dangerous goods vehicle—may be given orally or in any other way, including, for example, by way of a sign or electronic or other signal. - (a) for a private vehicle other than a suspected dangerous goods vehicle—60 penalty units; or - (b) for a suspected dangerous goods vehicle, a heavy vehicle or a prescribed vehicle—90 penalty units.