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

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.