sec.39Powers to enable effective and safe exercise of other powers

### sec.39 Powers to enable effective and safe exercise of other powers An authorised officer may require a person mentioned in the following paragraphs to give the officer reasonable help to enable the officer to effectively exercise— a power under this Act in relation to a vehicle other than a prescribed dangerous goods vehicle—the person in control of the vehicle; a power under this Act in relation to a prescribed dangerous goods vehicle—a person involved in the transport of dangerous goods in relation to the vehicle; a power under this Act in relation to the transport of dangerous goods—a person involved in the transport of the dangerous goods to which the power relates. to hold the vehicle stationary on a weighing device to enable the vehicle to be weighed to open the vehicle’s bonnet to enable the engine to be inspected to help the authorised officer to weigh or measure all or part of the vehicle, including an axle or axle group to help the authorised officer to weigh, measure or take samples of all or part of the vehicle’s equipment or load including a substance or packaging to operate equipment or facilities to give access, free of charge, to photocopying equipment A requirement that may be made under subsection (1) — includes a requirement to run or stop the vehicle’s engine ( take the prescribed action ); but does not include— a requirement to drive the vehicle; or a requirement to produce a document or give information; or a requirement to help the authorised officer find and gain access to a document or information. See sections 49 , 49A and 50AB for powers about requiring or directing a person to produce a document, provide information or help an authorised officer find and gain access to a document or information. Subsections (1C) to (1F) apply to a person mentioned in subsection (1) (b) who is required to take the prescribed action. The person may use the force that is reasonably necessary to enter the vehicle and take the prescribed action. However subsection (1C) does not authorise the person to use force against anyone. It is immaterial that— the person is not the operator of the vehicle; or the person is not— authorised by the operator to drive the vehicle or take the prescribed action; or qualified to drive the vehicle or take the prescribed action. In running the engine, the person is exempt from a provision of a transport Act to the extent the provision would require the person to be qualified to take the prescribed action. An authorised officer may require the person in control of a vehicle, or a person who is in or has just left the vehicle, to do or not to do anything the officer reasonably believes is necessary— to enable the officer to safely exercise a power under a transport Act in relation to the vehicle; or to preserve the safety of the officer, the person or other persons. require the persons in the vehicle to get out of the vehicle while the authorised officer inspects the vehicle’s undercarriage require a person who has just left the vehicle to stand back from the carriageway of the road require a person to remain in control of the vehicle for a reasonable time A requirement under subsection (1) or (2) may be made orally, in writing or in any other way, including, for example, by way of a sign, electronic or other signal, post, telephone, facsimile, electronic mail or radio. A person must comply with a requirement under subsection (1) or (2) , unless the person has a reasonable excuse. Maximum penalty— for a power exercised in relation to a private vehicle other than a suspected dangerous goods vehicle—60 penalty units; or for a power exercised in relation to a suspected dangerous goods vehicle, a heavy vehicle, a prescribed vehicle or the transport of dangerous goods—90 penalty units. s 39 amd 2007 No. 43 ss 33 sch , 46; 2008 No. 67 s 62 ; 2008 No. 66 s 4 sch pt 2 ; 2013 No. 26 s 60 ; 2014 No. 43 s 117 sch 1 (sec.39-ssec.1) An authorised officer may require a person mentioned in the following paragraphs to give the officer reasonable help to enable the officer to effectively exercise— a power under this Act in relation to a vehicle other than a prescribed dangerous goods vehicle—the person in control of the vehicle; a power under this Act in relation to a prescribed dangerous goods vehicle—a person involved in the transport of dangerous goods in relation to the vehicle; a power under this Act in relation to the transport of dangerous goods—a person involved in the transport of the dangerous goods to which the power relates. to hold the vehicle stationary on a weighing device to enable the vehicle to be weighed to open the vehicle’s bonnet to enable the engine to be inspected to help the authorised officer to weigh or measure all or part of the vehicle, including an axle or axle group to help the authorised officer to weigh, measure or take samples of all or part of the vehicle’s equipment or load including a substance or packaging to operate equipment or facilities to give access, free of charge, to photocopying equipment (sec.39-ssec.1A) A requirement that may be made under subsection (1) — includes a requirement to run or stop the vehicle’s engine ( take the prescribed action ); but does not include— a requirement to drive the vehicle; or a requirement to produce a document or give information; or a requirement to help the authorised officer find and gain access to a document or information. See sections 49 , 49A and 50AB for powers about requiring or directing a person to produce a document, provide information or help an authorised officer find and gain access to a document or information. (sec.39-ssec.1B) Subsections (1C) to (1F) apply to a person mentioned in subsection (1) (b) who is required to take the prescribed action. (sec.39-ssec.1C) The person may use the force that is reasonably necessary to enter the vehicle and take the prescribed action. (sec.39-ssec.1D) However subsection (1C) does not authorise the person to use force against anyone. (sec.39-ssec.1E) It is immaterial that— the person is not the operator of the vehicle; or the person is not— authorised by the operator to drive the vehicle or take the prescribed action; or qualified to drive the vehicle or take the prescribed action. (sec.39-ssec.1F) In running the engine, the person is exempt from a provision of a transport Act to the extent the provision would require the person to be qualified to take the prescribed action. (sec.39-ssec.2) An authorised officer may require the person in control of a vehicle, or a person who is in or has just left the vehicle, to do or not to do anything the officer reasonably believes is necessary— to enable the officer to safely exercise a power under a transport Act in relation to the vehicle; or to preserve the safety of the officer, the person or other persons. require the persons in the vehicle to get out of the vehicle while the authorised officer inspects the vehicle’s undercarriage require a person who has just left the vehicle to stand back from the carriageway of the road require a person to remain in control of the vehicle for a reasonable time (sec.39-ssec.2A) A requirement under subsection (1) or (2) may be made orally, in writing or in any other way, including, for example, by way of a sign, electronic or other signal, post, telephone, facsimile, electronic mail or radio. (sec.39-ssec.3) A person must comply with a requirement under subsection (1) or (2) , unless the person has a reasonable excuse. Maximum penalty— for a power exercised in relation to a private vehicle other than a suspected dangerous goods vehicle—60 penalty units; or for a power exercised in relation to a suspected dangerous goods vehicle, a heavy vehicle, a prescribed vehicle or the transport of dangerous goods—90 penalty units. - (a) a power under this Act in relation to a vehicle other than a prescribed dangerous goods vehicle—the person in control of the vehicle; - (b) a power under this Act in relation to a prescribed dangerous goods vehicle—a person involved in the transport of dangerous goods in relation to the vehicle; - (c) a power under this Act in relation to the transport of dangerous goods—a person involved in the transport of the dangerous goods to which the power relates. - • to hold the vehicle stationary on a weighing device to enable the vehicle to be weighed - • to open the vehicle’s bonnet to enable the engine to be inspected - • to help the authorised officer to weigh or measure all or part of the vehicle, including an axle or axle group - • to help the authorised officer to weigh, measure or take samples of all or part of the vehicle’s equipment or load including a substance or packaging - • to operate equipment or facilities - • to give access, free of charge, to photocopying equipment - (a) includes a requirement to run or stop the vehicle’s engine ( take the prescribed action ); but - (b) does not include— (i) a requirement to drive the vehicle; or (ii) a requirement to produce a document or give information; or (iii) a requirement to help the authorised officer find and gain access to a document or information. Note— See sections 49 , 49A and 50AB for powers about requiring or directing a person to produce a document, provide information or help an authorised officer find and gain access to a document or information. - (i) a requirement to drive the vehicle; or - (ii) a requirement to produce a document or give information; or - (iii) a requirement to help the authorised officer find and gain access to a document or information. - (i) a requirement to drive the vehicle; or - (ii) a requirement to produce a document or give information; or - (iii) a requirement to help the authorised officer find and gain access to a document or information. - (a) the person is not the operator of the vehicle; or - (b) the person is not— (i) authorised by the operator to drive the vehicle or take the prescribed action; or (ii) qualified to drive the vehicle or take the prescribed action. - (i) authorised by the operator to drive the vehicle or take the prescribed action; or - (ii) qualified to drive the vehicle or take the prescribed action. - (i) authorised by the operator to drive the vehicle or take the prescribed action; or - (ii) qualified to drive the vehicle or take the prescribed action. - (a) to enable the officer to safely exercise a power under a transport Act in relation to the vehicle; or - (b) to preserve the safety of the officer, the person or other persons. - • require the persons in the vehicle to get out of the vehicle while the authorised officer inspects the vehicle’s undercarriage - • require a person who has just left the vehicle to stand back from the carriageway of the road - • require a person to remain in control of the vehicle for a reasonable time - (a) for a power exercised in relation to a private vehicle other than a suspected dangerous goods vehicle—60 penalty units; or - (b) for a power exercised in relation to a suspected dangerous goods vehicle, a heavy vehicle, a prescribed vehicle or the transport of dangerous goods—90 penalty units.