Queensland Numbered Acts

HEAVY VEHICLE NATIONAL LAW AMENDMENT ACT 2013 No. 4 - SECT 570

(1) An authorised officer may, for compliance purposes, require a responsible person for a heavy vehicle to give the officer—

(a) information about the vehicle or any load or equipment carried or intended to be carried by the vehicle; or

(b) personal details known to the responsible person about any other responsible person for the vehicle.

(2) Without limiting subsection (1), a responsible person who is associated with a particular vehicle may be required to provide information about the current or intended journey of the vehicle, including, for example, the following—

(a) the location of the start or intended start of the journey;

(b) the route or intended route of the journey;

(c) the location of the destination or intended destination of the journey.

(3) A person of whom a requirement is made under subsection (1) must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—$6000.

(4) Without limiting what may be a reasonable excuse for the purposes of subsection (3), in a proceeding for an offence of contravening a requirement under subsection (1), it is a defence for the person charged to prove that the person did not know, and could not be reasonably expected to know or ascertain, the required information.

(5) It is not a reasonable excuse for a person to fail to comply with a requirement made under subsection (1) that complying with the requirement might tend to incriminate the person or make the person liable to a penalty.

(6) In this section—

information includes electronically stored information.

personal details, about a responsible person, means—

(a) the person's name; or

(b) the person's residential address or business address.

responsible person, for a heavy vehicle, for the exercise of a power under this section in relation to a speeding offence, does not include—

(a) a person mentioned in section 5, definition responsible person, paragraph (i), (j), (k) or (n); or

Note—

Those paragraphs deal with persons who pack, load or unload goods or containers, and owners and operators etc. of weighbridges or weighbridge facilities.

(b) an employer, employee, agent or subcontractor of that person.

speeding offence means an offence committed by the driver of a heavy vehicle because the driver exceeded a speed limit applying to the driver.