QLDIn ForceAct
Heavy Vehicle National Law Act 2012
sec.516Direction to move heavy vehicle to enable exercise of other powers
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### sec.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.
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—$6000.
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.
(sec.516-ssec.1) 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. An authorised officer may direct the driver of a heavy vehicle to move the vehicle onto a weighing or testing device.
(sec.516-ssec.2) 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.
(sec.516-ssec.3) A person given a direction under subsection (1) must comply with the direction, unless the person has a reasonable excuse. Maximum penalty—$6000.
(sec.516-ssec.4) 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.
- (a) where the vehicle was stationary or stopped; or
- (b) if the direction is given within the course of the vehicle’s journey—any point along the forward route of the journey.
- (a) for a direction given to the driver of a heavy vehicle—by way of a sign or electronic or other signal; or
- (b) for a direction given to the operator of a heavy vehicle—by radio, telephone, fax or email.
- (a) it was not possible to move the heavy vehicle because it was broken down; and
- (b) the breakdown happened for a physical reason beyond the person’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.