23Direction to move a road vehicle: where danger or obstruction

23 Direction to move a road vehicle: where danger or obstruction

(1) This section applies where an authorised officer believes on reasonable grounds that a vehicle to which this Division applies is: (a) seriously endangering public safety, the environment or road infrastructure; or (b) causing or likely to cause an obstruction to traffic. (2) The officer may direct the driver of the vehicle to do either or both of the following: (a) to move it, or cause it to be moved, to the extent necessary to avoid the danger or obstruction; (b) to do anything else reasonably required by the officer, or to cause anything else reasonably required by the officer to be done, to avoid the harm or obstruction. (3) A person who is given a direction under subsection (2) must comply with the direction.

Offence provision.

(4) In proceedings for an offence in relation to the contravention of a direction under paragraph (2) (a), it is a defence if the person charged establishes that: (a) it was not possible to move the vehicle concerned because it was broken down; and (b) the breakdown occurred for a physical reason beyond the driver’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. {(5) An offence against subsection (3) is an offence of strict liability.}