Direction to move vehicle to enable exercise of other powers
40I Direction to move vehicle to enable exercise of other powers
An authorised officer may, for the purpose of or in connection with the exercise of other powers under a road law, direct the driver or operator of a vehicle to move it or cause it to be moved to the nearest suitable location that is within the prescribed distance and specified by the officer.
A person commits an offence if—
the person is subject to a direction under subsection (1);
and
the person engages in conduct that results in a contravention of the direction.
Maximum penalty: $5 000.
In proceedings for an offence in relation to a contravention of a direction under subsection (1), it is a defence if the person charged establishes that—
it was not possible to move the vehicle concerned because it was broken down; and
the breakdown occurred for a physical reason beyond the driver's or operator'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.
In this section—
prescribed distance means a distance (in any direction) within a radius of 30 kilometres of—
the location of the vehicle when the direction is given; or
any point along the forward route of the journey, if the direction is given in the course of a journey of the vehicle;
suitable location means a location that the authorised officer concerned believes on reasonable grounds to be a suitable location having regard to any matters the officer considers relevant in the circumstances.
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