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In forceAmended2020 Revised Edition

Part 5 · Administration and Enforcement

47. Powers to examine and weigh vehicle or produce competency test certificate or certificate of medical need

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Amended

Last amended by an amending law of 2026. 3 amendments in all.

(1)

An authorised officer, an outsourced enforcement officer or a public path warden may, for the purpose of ensuring that any vehicle that is being or may be used, or that any person driving, riding or using a vehicle, on a public path complies with this Act, at any time —

(a)

examine the vehicle;

(b)

order the driver, rider or user of the vehicle to produce his or her competency test certificate or certificate of medical need for examination or other identity documents so as to enable the authorised officer, public path warden or outsourced enforcement officer (as the case may be) to ascertain the identity of the driver, rider or user and the authority by which any competency test certificate or certificate of medical need was granted; or

(c)

order the owner, rider or user of the vehicle to deliver the vehicle (in the state on the date of the order) for an inspection by such person and at such time and place as the authorised officer, outsourced enforcement officer or public path warden may specify.

(2)

However, only an authorised officer may pursuant to an order under section 35A(1) give an order under subsection (1)(c) requiring a vehicle to be delivered for an inspection by a designated examiner.

(3)

Subject to this Act, an authorised officer, an outsourced enforcement officer or a public path warden may require an owner, a rider or a user of any vehicle —

(a)

to allow the vehicle to be weighed laden or unladen; or

(b)

to immediately proceed to a weighbridge or other machine for weighing vehicles.

(4)

Subject to this Act, an authorised officer, an outsourced enforcement officer or a public path warden may, require an owner, a rider or a user of any vehicle to unload the vehicle for the purpose of being weighed unladen.

(5)

Where a vehicle is weighed under this section, a certificate of weight must be given by the person who carried out the weighing of the vehicle to the owner, rider or user who delivered the vehicle for weighing.

(6)

An individual driving, riding or using a vehicle who, in purported compliance with any order given to him or her under subsection (1)(b) by an authorised officer or outsourced enforcement officer or a public path warden —

(a)

produces to an authorised officer, an outsourced enforcement officer or a public path warden —

(i)

a competency test certificate or certificate of medical need that is altered in a way that is calculated to deceive (whether or not it was already a false document before the alteration or it was altered by the individual), knowing that it is so altered;

(ii)

an article resembling a competency test certificate or certificate of medical need and calculated to deceive, knowing that the document is not a competency test certificate or certificate of medical need; or

(iii)

a competency test certificate or certificate of medical need that was not granted to the individual, knowing that it was not so granted to that individual; and

(b)

with the intention of dishonestly inducing the authorised officer, outsourced enforcement officer or public path warden to accept it as genuine,commits an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

(7)

A driver, rider or user of a vehicle to whom an order under subsection (1)(b) is given who refuses or neglects to comply with the order commits an offence and shall be liable on conviction —

(a)

to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but(b)where the individual is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.

(8)

However, subsection (7) does not apply in relation to an order given to a driver or rider of a vehicle to produce a competency test certificate or certificate of medical need under subsection (1)(b) if within 48 hours after the order is given, the driver or rider produces the competency test certificate or certificate of medical need in person at any of the offices of the Authority that is specified by the authorised officer, outsourced enforcement officer or public path warden at the time the order was given.

(9)

An individual to whom a digital competency test certificate or certificate of medical need is granted who holds, or produces or carries a mobile communication device or other electronic device on which the digital competency test certificate or certificate of medical need is displayed for the purpose of complying with an order under subsection (1)(b) to produce a competency test certificate or certificate of medical need is taken to have produced a competency test certificate or certificate of medical need for that purpose.

(10)

However, a digital competency test certificate or certificate of medical need is not displayed for the purpose of complying with an order under subsection (1)(b) to produce or carry a competency test certificate or certificate of medical need if —

(a)

the screen of the mobile communication device or other electronic device on which it is purportedly displayed is unable to be read by the person to whom it is displayed due to cracking, dimming, dirt or any other fault, damage or obstruction;

(b)

the individual fails or refuses to comply with a reasonable request by the person to whom it is purported to be displayed to facilitate the reading, copying or scanning of the whole or any part of the digital competency test certificate or certificate of medical need; or

(c)

the holder of the digital competency test certificate or certificate of medical need refuses to comply with a reasonable direction to refresh the display of the digital competency test certificate or certificate of medical need.

(11)

To avoid doubt, an individual who displays or purports to display a digital competency test certificate or certificate of medical need is not required to give or hand over, to the person who is requiring the competency test certificate or certificate of medical need to be produced or handed over, the mobile communication device or other electronic device on which the digital competency test certificate or certificate of medical need is displayed or purported to be displayed.

(12)

If an owner, a rider or a user of a vehicle refuses or neglects to comply with any order given to him or her under subsection (1)(c), or any requirement given to him or her under subsection (3) or (4), the owner, rider or user shall be guilty of an offence and shall be liable on conviction —

(a)

to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but(b)where the owner, rider or user is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.

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