41Certain persons may be ordered to leave restricted road accident area

41 Certain persons may be ordered to leave restricted road accident area

S. 41(1) amended by No. 37/2014 s. 10(Sch. item 3.3(a)).

(1) A police officer or an authorised officer may direct a person referred to in subsection (2) to leave a restricted road accident area if the police officer or authorised officer believes on reasonable grounds that the person's presence is—

(a) causing an unwarranted obstruction to traffic; or

(b) hindering efforts to attend to any injured person or damaged property; or

(c) otherwise hindering or obstructing the orderly towing of a motor vehicle from the place where the road accident occurred.

(2) A direction under subsection (1) may be given to—

(a) the holder of a tow truck licence;

(b) a tow truck driver;

(c) a person who carries out, or is engaged in the business of carrying out, repair work on accident damaged motor vehicles;

(d) a person acting on behalf of a person referred to in paragraph (a), (b) or (c).

S. 41(3) amended by No. 28/2009 s. 67.

(3) A person must not, without reasonable excuse, fail to comply with a direction given to him or her under subsection (1).

S. 41(4) amended by No. 37/2014 s. 10(Sch. item 3.3(b)).

(4) Subsection (1) is in addition to any other powers of a police officer under any Act or at common law for or with respect to maintaining public order.

(5) In this section restricted road accident area means an area within a 500 metre radius of a place where an accident damaged motor vehicle has come to rest after the road accident in which the motor vehicle was damaged.