Moving unattended vehicle to exercise Division 5 powers
45 Moving unattended vehicle to exercise Division 5 powers
This section applies where a police officer —
reasonably believes that a vehicle on a road is unattended; and
is seeking to exercise powers under Division 5; and
reasonably believes that the vehicle should be moved to enable or to facilitate the exercise of those powers.
The officer may move the vehicle, or authorise another person to move the vehicle, by driving or towing it or otherwise, to the extent reasonably necessary to exercise the powers concerned.
The officer may enter the vehicle, or authorise another person to enter it, for the purpose of moving the vehicle.
The officer or person authorised by the officer may use reasonable force to do any or all of the following —
open unlocked doors and other unlocked panels and objects;
gain access to the vehicle, or its engine or other mechanical parts, to enable the vehicle to be moved;
enable the vehicle to be towed.
The officer or person authorised by the officer may drive the vehicle only if qualified and fit to drive it.
This Act’s bill:Explanatory memorandumSecond reading speech
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