519Moving unattended heavy vehicle on road if causing harm etc.

519 Moving unattended heavy vehicle on road if causing harm etc.

519 Moving unattended heavy vehicle on road if causing harm etc.

(1) This section applies if an authorised officer reasonably believes—

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

(b) the heavy vehicle is—

(i) causing, or creating an imminent risk of, serious harm to public safety, the environment or road infrastructure; or

(ii) obstructing traffic or likely to obstruct traffic.

(2) The authorised officer may move or authorise someone else (the assistant) to move the heavy vehicle or, if it is a combination, any component vehicle of the combination, to the extent it is reasonably necessary to avoid the harm or obstruction.

Example—

by driving, pushing or towing the vehicle

(3) The authorised officer or assistant may—

(a) enter the heavy vehicle to enable the authorised officer or assistant to move it; and

(b) for a combination—separate any or all of the component vehicles of the combination for the purpose of moving 1 or more of them.

(4) The authorised officer or assistant may drive the heavy vehicle even if the officer or assistant is not qualified to drive it if the authorised officer reasonably believes there is no-one else in or near the vehicle who is more capable of driving it and fit and willing 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) In driving the heavy vehicle under subsection (4), the authorised officer or assistant is exempt from a provision of an Australian road law to the extent the provision would require the authorised officer or assistant to be qualified to drive the vehicle.

(7) The authorised officer or assistant may use the force that is reasonably necessary to do anything that is reasonably necessary to avoid the harm or obstruction.