Welcome to Just Commodores, a site specifically designed for all people who share the same passion as yourself.

New Posts Contact us

Just Commodores Forum Community

It takes just a moment to join our fantastic community

Register

Ask The Copper

Noeleter

Active Member
Joined
Aug 1, 2014
Messages
813
Reaction score
113
Points
43
Location
Brisbane
Members Ride
VEII Equipe Sportwagon
31Power to stop private vehicles

(1)An authorised officer, who is not a police officer, may require the person in control of a private vehicle to stop the vehicle—

(a)at a checkpoint—only if the vehicle is a type of vehicle that the officer is stopping at the checkpoint by reference to objective criteria that are part of a program approved under section 47 ; or

(b)if the officer reasonably believes the vehicle does not comply with a transport Act; or

(c)if the officer reasonably believes the driver has just committed, or is committing, an offence against the Queensland Road Rules, section 154 (1) or 156 (1); or

(d)if the officer reasonably believes—

(i)the driver has just committed, is committing, or is about to commit an offence against the Transport Infrastructure Act 1994 , section 46 or the Queensland Road Rules, section 100 ; and

(ii)the officer reasonably believes making the requirement is necessary to prevent damage to road transport infrastructure or ensure the safety of road users or other persons.

(2)In addition, an authorised officer may require the person in control of a private vehicle to stop the vehicle to find out whether the vehicle is carrying explosives within the meaning of the Explosives Act 1999 if—

(a)the officer is also an inspector under the Explosives Act 1999 ; and

(b)the officer reasonably believes the vehicle is carrying explosives within the meaning of the Explosives Act 1999 .

(2A)However, an authorised officer who is not a police officer may make a requirement under subsection (1)(a) or (b) or (2) during the day only.

(2AA)In addition, an authorised officer who is not a police officer may only make a requirement under subsection (1)(c) on a business day during the period between 6a.m. and 7p.m.

(2B)Also, an authorised officer who is not a police officer and is not wearing a uniform approved by the chief executive may only exercise the powers of an authorised officer in relation to a private vehicle if the officer reasonably believes the vehicle is so dangerous as to be likely to cause the death of, or injury to, a person.

(3)A requirement may be made under subsection (1) or (2) in a way prescribed under a regulation.

(4)A person must comply with a requirement under subsection (1) or (2), unless the person has a reasonable excuse.

Maximum penalty—60 penalty units.

Example of a reasonable excuse—

It is a reasonable excuse for a person not to comply with a requirement if—

(a)the person reasonably believes that to immediately comply would endanger the person or someone else; and

(b)the person complies with the requirement at the first reasonable opportunity.

(5)A regulation may impose restrictions on the stopping of private vehicles by authorised officers who are not police officers.

(6)In this section—

day means the period between sunrise and sunset on the same day.

32Power to stop heavy vehicles or prescribed vehicles

(1)An authorised officer may require the person in control of a heavy vehicle or prescribed vehicle to stop the vehicle to check whether the vehicle or person is complying with a transport Act.

(2)In addition, an authorised officer who is also an inspector under the Explosives Act 1999 may require the person in control of a heavy vehicle or prescribed vehicle to stop the vehicle to check whether the vehicle is carrying explosives within the meaning of the Explosives Act 1999 .

(3)The requirement may be made in a way prescribed under a regulation.

(4)Without limiting subsection (3), the requirement may require the person to move the vehicle in preparation for stopping it.

Examples—

•a requirement to change lanes

•a requirement to exit a motorway at a particular exit

•a requirement to enter a vehicle inspection site

(5)The person must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—90 penalty units.

(6)Without limiting section 31 , a power under this section may be exercised in relation to a suspected dangerous goods vehicle as if it were a prescribed vehicle.
 

Noeleter

Active Member
Joined
Aug 1, 2014
Messages
813
Reaction score
113
Points
43
Location
Brisbane
Members Ride
VEII Equipe Sportwagon
What' the rules regarding trade plates ? This guy down the road from me has had one permanently bolted to the rear of his red celica for about 6 months and no plate on front . I thought it was only for car yards to drive the car to and from getting a roadworthy.
for Queensland:
64Use of dealer plates

(1)A person must not use, or permit to be used, on a road a vehicle with a dealer plate attached to it unless the vehicle—

(a)is being demonstrated for its sale; or

(b)is being delivered to a purchaser after sale; or

(c)is travelling to or from a workshop or another facility for—

(i)painting, repairs or motor body construction work; or

(ii)the fitting of optional equipment before delivery to a purchaser; or

(d)is being tested after having been painted or repaired, or after having been the subject of motor body construction work; or

(e)is being used for demonstration purposes for the conduct of an art union under the Charitable and Non-Profit Gaming Act 1999 ; or

(f)is being used for a purpose approved by the chief executive in a written notice given to the person in whose name the dealer plate is registered; or

(g)is being driven or towed for testing to confirm the safe operation of the vehicle as part of an inspection for obtaining an inspection certificate under the Vehicle Standards and Safety Regulation; or

(h)is being driven or towed to an AIS for inspection for obtaining an inspection certificate under the Vehicle Standards and Safety Regulation; or

(i)is recorded in the register as a repairable write-off and is being driven or towed to a written-off vehicle inspection site for obtaining a written-off vehicle inspection report; or

(j)is being driven or towed to a place as required by the chief executive; or

(k)is being driven or towed to an office of the chief executive to be registered; or

(l)is being driven or towed from the manufacturer or a distributor of the vehicle to a dealer; or

(m)is being driven or towed between a dealer’s premises and other premises of the same or a different dealer, whether or not a sale has taken place.

Maximum penalty—16 penalty units.

(1A)Section 15 , and not this section, applies in relation to a vehicle if—

(a)a person uses, or permits to be used on a road the vehicle with a dealer plate attached to it and the vehicle is being driven or towed, as mentioned in subsection (1)(g), (h), (i), (j) or (k); and

(b)the requirements of section 15 (1) are complied with for the vehicle.

(2)A person must not use, or permit to be used, on a road a vehicle with a dealer plate, other than a dealer (trailer trade) plate, attached to it if the vehicle is carrying a load or towing a vehicle carrying a load, unless the vehicle with the dealer plate attached—

(a)is a boat trailer carrying a boat; or

(b)is towing a motor vehicle travelling on its rear wheels only, with its front part mounted on the towing vehicle; or

(c)is carrying the load only to demonstrate the vehicle for its sale, and not for hire or reward.

Maximum penalty—40 penalty units.

(3)A person must not use, or permit to be used, on a road a vehicle with a dealer (trailer trade) plate attached to it unless the vehicle is—

(a)a trailer not carrying a load; or

(b)a boat trailer, carrying 1 or more boat trailers, being towed from the manufacturer or a distributor of all the trailers to a dealer; or

(c)a boat trailer carrying a boat; or

(d)a trailer carrying a load only to demonstrate the trailer for its sale, and not for hire or reward.

Maximum penalty—40 penalty units.

(4)A person must not use, or permit to be used, on a road a vehicle with a dealer plate attached to it unless the person in whose name the dealer plate is registered—

(a)is the person who used the dealer plate; or

(b)authorised the person to use, or permit another person to use, the dealer plate.

Maximum penalty—16 penalty units.

(5)A person must not use, or permit to be used, on a road a vehicle with a dealer plate attached to it unless the vehicle is used in the conduct of the business of the person in whose name the dealer plate is registered.

Maximum penalty—16 penalty units.

(6)In this section—

dealer (trailer trade) plate means a dealer plate issued under this division authorising the use of an unregistered trailer on a road
 

ChRiDDa

Active Member
Joined
Jan 25, 2004
Messages
728
Reaction score
120
Points
43
Location
N/A
Members Ride
VE SS-Z Sportwagon
What' the rules regarding trade plates ? This guy down the road from me has had one permanently bolted to the rear of his red celica for about 6 months and no plate on front . I thought it was only for car yards to drive the car to and from getting a roadworthy.
Correct - Trade plates are only to be used on unregistered vehicles for specific purposes such as test driving the vehicle, driving the vehicle in the corse of delivery/pre sale etc etc

Issue for the police is proving that the driver is not using the plate in accordance with the rules and regulations in which it was issued

If they can, it’ll be a straight up unregistered penalty notice
 

VS 5.0

Well-Known Member
Joined
Jul 17, 2006
Messages
5,404
Reaction score
5,973
Points
113
Location
Perth WA
Members Ride
VE SSV Z Series M6
If they can, it’ll be a straight up unregistered penalty notice
And possible the owner of the trade plate will loose the right to display them for any purpose.
 

Dayvo

Because i can
Joined
Apr 28, 2005
Messages
2,489
Reaction score
2,931
Points
113
Location
South East,Victoria
Members Ride
VE SV6 Series 2
And possible the owner of the trade plate will loose the right to display them for any purpose.
Apparently the cops have been notified a few times but nothing has come of it
 

ChRiDDa

Active Member
Joined
Jan 25, 2004
Messages
728
Reaction score
120
Points
43
Location
N/A
Members Ride
VE SS-Z Sportwagon
Apparently the cops have been notified a few times but nothing has come of it
Very hard to prove that it’s being misused - even if you believe it is, all the driver would have to say is that they were test driving the vehicle after it underwent repairs....

Would the fall back on the member to prove that they weren’t - burden of proof lies with the prosecution
 

Blueglow

Member
Joined
Sep 14, 2013
Messages
37
Reaction score
0
Points
6
Location
Geelong
Members Ride
WH Statesman
As a Victorian resident what are my rights when it comes to car searches etc?
If you're in a high crime rate area can they just search your car for no reason or do they always need a warrant?
 

vc commodore

Well-Known Member
Joined
Jun 18, 2014
Messages
4,609
Reaction score
1,610
Points
113
Location
south australia
Members Ride
vc commodore
Not sure on the reasons required for a car search, but I have driven from S.A over the border and coppers have pulled me over for a random breathe test...After it comes back negative, they have requested to search my car....Seeing as I have nothing to hide, I let them go...The way I see it, those with something to hide are the ones worried about their car being searched
 

ChRiDDa

Active Member
Joined
Jan 25, 2004
Messages
728
Reaction score
120
Points
43
Location
N/A
Members Ride
VE SS-Z Sportwagon
In short, Police in Victoria can search your vehicle without a warrant - it all comes down to the circumstances

Certain acts of Parliament permits police to search without a warrant, if they have reasonable grounds/suspicion

One example is that if police supect on reasonable grounds that you’re carrying a drug of dependence, they can seach you/your vehcile under the drugs, poisons and controlled substances act
 
Top