Heavy Vehicle National Law Act 2012

This section applies if—

the driver of a heavy vehicle fails to comply with a direction given by an authorised officer under this Chapter; or

an authorised officer reasonably believes the driver of a heavy vehicle is not qualified, fit or authorised by the operator to drive the vehicle in order to comply with a direction the authorised officer may give under this Chapter; or

an authorised officer reasonably believes it would be unsafe to inspect or search a heavy vehicle or any part of it or any part of its equipment or load while the driver occupies the driver’s seat or is in the vehicle or another person accompanying the driver is in the vehicle.

The authorised officer may direct the driver to do 1 or more of the following—

to vacate the driver’s seat;

to leave the heavy vehicle;

not to occupy the driver’s seat until permitted by an authorised officer;

not to enter the heavy vehicle until permitted by an authorised officer.

The authorised officer may direct any other person accompanying the driver of the heavy vehicle to do either or both of the following—

to leave the vehicle;

not to enter the vehicle until permitted by an authorised officer.

A direction under subsection (2) or (3) may be made orally or in any other way, including, for example, by way of a sign or electronic or other signal.

A person given a direction under subsection (2) or (3) must comply with the direction, unless the person has a reasonable excuse.