Australian Capital Territory Numbered Regulations

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ROAD TRANSPORT (PUBLIC PASSENGER SERVICES) REGULATIONS 2002 (2002 NO 3) - REG 174

Power to require vehicles or equipment to be inspected and tested (NSW Act s 55A (5) (b), sch 1 cl 6)

    (1)     A police officer or authorised person may, by written notice given to the operator of a public passenger vehicle, or any other vehicle that the police officer or authorised person believes, on reasonable grounds, is operating, or has operated, as a public passenger vehicle, require the person to have the vehicle and its equipment and fittings (or stated equipment) inspected or tested.

    (2)     The notice may require any of the following:

        (a)     the inspection and testing to be carried out within or at a stated reasonable time;

        (b)     the inspection and testing to be carried out by or in the presence of a police officer, an authorised person or anyone else;

        (c)     the inspection and testing to be carried out at a stated reasonable place;

        (d)     a report of the inspection and testing to be given to a police officer, an authorised person or the road transport authority within a stated reasonable time;

        (e)     anything else reasonably necessary or convenient for the inspection and testing.

    (3)     A person must not, without reasonable excuse, fail to comply with a notice given to the person under subregulation (1).

Maximum penalty: 20 penalty units.

    (4)     For subregulation (1):

"operator", of a vehicle, includes the responsible person for the vehicle within the meaning of the Road Transport (General) Act 1999 , sections 10 and 11.



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