523Starting or stopping heavy vehicle engine

523 Starting or stopping heavy vehicle engine

523 Starting or stopping heavy vehicle engine

(1) To enable an authorised officer to effectively exercise a power under this Law in relation to a heavy vehicle, the officer may enter the vehicle and start or stop its engine (take the prescribed action) or authorise someone else (the assistant) to enter the vehicle and take the prescribed action if—

(a) a person fails to comply with a requirement made by an authorised officer under section 577 to take the prescribed action; or

(b) no responsible person for the heavy vehicle is available or willing to take the prescribed action; or

(c) the authorised officer reasonably believes there is no-one else in or near the vehicle who is more capable of taking the prescribed action and is fit and willing to do so.

(2) The authorised officer or assistant may use the force that is reasonably necessary to enter the heavy vehicle and take the prescribed action.

(3) Subsection (2) does not authorise the authorised officer or assistant to use force against a person.

(4) It is immaterial that—

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

(b) the authorised officer or assistant is not—

(i) authorised by the operator to take the prescribed action; or

(ii) qualified to take the prescribed action.

(5) This section does not authorise the authorised officer or assistant to drive the heavy vehicle.

(6) In taking the prescribed action, 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 take the prescribed action.

(7) In this section—

start, in relation to a heavy vehicle’s engine, includes run the engine.