23Direction to move road vehicle in case of danger or obstruction

23 Direction to move road vehicle in case of danger or obstruction

(1)  This section applies if an authorised officer believes on reasonable grounds that a vehicle to which this Division applies is –

(a) seriously endangering public safety, the environment or road infrastructure; or

(b) causing or likely to cause an obstruction to traffic or any other event lawfully authorised to be held on the road; or

(c) obstructing or hindering, or likely to obstruct or hinder, one or more vehicles from entering or leaving land adjacent to the road.

(2)  The officer may direct the driver of the vehicle, or a person who is apparently in charge of the vehicle, to do either or both of the following:

(a) to move the vehicle, or cause it to be moved, to the extent necessary to avoid the danger, obstruction or hindrance;

(b) to do anything else reasonably required by the officer, or to cause anything else reasonably required by the officer to be done, to avoid the danger, obstruction or hindrance.

(3)  A person who is given a direction under subsection (2) must comply with the direction.

Penalty:  Fine not exceeding 50 penalty units.

(4)  In proceedings for an offence in relation to the contravention of a direction under subsection (2)(a) , it is a defence if the person charged establishes that –

(a) it was not possible to move the vehicle concerned because it was broken down; and

(b) the breakdown occurred for a physical reason beyond the driver’s control; and

(c) the breakdown could not be readily rectified in a way that would enable the direction to be complied with within a reasonable time.

(4A)  For the purposes of subsection (1)(a) , road infrastructure includes things listed in the definition of rail or road infrastructure in section 93 .