National Transport Commission (Road Transport Legislation – Compliance and Enforcement Bill) Regulations 2006
24Meaning of unattended vehicle or combination and driver of disconnected trailer
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24 Meaning of unattended vehicle or combination and driver of disconnected trailer
(1) For the purposes of this Part, a vehicle or a combination is unattended if: (a) where the authorised officer or police officer concerned: (i) is present at the scene—there is, after inspection and enquiry by the officer that is reasonable in the circumstances, apparently no person in, on or in the vicinity of the vehicle or the combination who appears to be a driver of the vehicle or the combination; or (ii) is not present at the scene but is able to inspect the scene by means of camera or other remote surveillance system—there is, after inspection by the officer that is reasonable in the circumstances, apparently no person in, on or in the vicinity of the vehicle or the combination who appears to be a driver of the vehicle or the combination; or (b) where there is apparently such a person in, on or in the vicinity of the vehicle or combination—the officer believes on reasonable grounds that: (i) the person is not qualified, not fit or not authorised to drive it; or (ii) the person is or appears to be unwilling to drive it; or (iii) the person is subject to a direction under section 31 (Direction to leave vehicle or combination) in relation to the vehicle or combination. (2) A reference in this Part to the driver of a vehicle is, in a case where the vehicle is a trailer and is not connected (either directly or by one or more other trailers) to a towing vehicle, a reference to the driver of the towing vehicle to which the trailer was or apparently was last connected.