516Direction to move heavy vehicle to enable exercise of other powers

516 Direction to move heavy vehicle to enable exercise of other powers

516 Direction to move heavy vehicle to enable exercise of other powers

(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—

(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.

Example—

An authorised officer may direct the driver of a heavy vehicle to move the vehicle onto a weighing or testing device.

(2) The direction may be made orally or in any other way, including, for example—

(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.

(3) A person given a direction under subsection (1) must comply with the direction, unless the person has a reasonable excuse.

Maximum penalty—$6000.

Editorial note.

See also section 737 (Increase of penalty amounts).

(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—

(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.