Direction to move heavy vehicle to enable exercise of other powers
516 Direction to move heavy vehicle to enable exercise of other powers
To enable an authorised officer to exercise a power under this Law, the officer may direct the driver or operator of a heavy vehicle that is stationary or has been stopped under section 513 to move the vehicle, or cause it to be moved, to a stated reasonable place within a 30km radius from—
where the vehicle was stationary or stopped; or
if the direction is given within the course of the vehicle's journey—any point along the forward route of the journey.
Example—
An authorised officer may direct the driver of a heavy vehicle to move the vehicle onto a weighing or testing device.
The direction may be made orally or in any other way, including, for
example—
for a direction given to the driver of a heavy vehicle—by way of a sign or electronic or other signal; or
for a direction given to the operator of a heavy vehicle—by radio, telephone, fax or email.
A person given a direction under subsection (1) must comply with the direction, unless the person has a reasonable excuse.
Maximum penalty: $6 000.
Without limiting what may be a reasonable excuse for the purposes of subsection (3), in a proceeding for an offence against the subsection, it is a defence for the person charged to prove that—
it was not possible to move the heavy vehicle because it was broken down; and
the breakdown happened for a physical reason beyond the person's control; and
the breakdown could not be readily rectified in a way that would enable the direction to be complied with within a reasonable time.
This Act’s bill:Second reading speech
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