518Moving unattended heavy vehicle on road to exercise another power

518 Moving unattended heavy vehicle on road to exercise another power

518 Moving unattended heavy vehicle on road to exercise another power

(1) This section applies if an authorised officer—

(a) reasonably believes a heavy vehicle on a road is unattended; and

(b) intends to exercise a power under this Law in relation to the heavy vehicle; and

(c) reasonably believes it is necessary to move the heavy vehicle to enable the exercise of the power.

(2) To the extent reasonably necessary to enable the exercise of the power, the authorised officer—

(a) may move the heavy vehicle; or

(b) authorise someone else (the assistant) to move the heavy vehicle.

Example—

by driving, pushing or towing the heavy vehicle

(3) The authorised officer or assistant may enter the heavy vehicle to enable the authorised officer or assistant to move it.

(4) Despite subsection (2), the authorised officer—

(a) may only drive the heavy vehicle if the officer is qualified and fit to drive it; and

(b) may only authorise the assistant to drive the heavy vehicle if the assistant is qualified and fit to drive it.

(5) It is immaterial that—

(a) the assistant is not the operator of the heavy vehicle; or

(b) the authorised officer or assistant is not authorised by the operator to drive the heavy vehicle.

(6) The authorised officer or assistant may—

(a) open unlocked doors and other unlocked panels and things in the heavy vehicle; and

(b) use the force that is reasonably necessary to—

(i) gain access to the heavy vehicle, its engine or other mechanical components to enable it to be moved; or

(ii) enable the heavy vehicle to be towed.

(7) The authorised officer must exercise reasonable diligence to ensure the driver or operator is notified that the vehicle has been moved and the place to which it has been moved.