83Substantial risk breaches

83 Substantial risk breaches

Application of section (1) This section applies to a vehicle or combination, where an authorised officer or police officer believes on reasonable grounds that: (a) the vehicle or combination is the subject of one or more substantial risk breaches; and (b) the vehicle or combination is not the subject of a severe risk breach. Direction (2) The officer must: (a) direct the driver or operator of the vehicle or combination not to proceed until specified breaches of mass, dimension or load restraint requirements are rectified; or (b) if the officer believes on reasonable grounds that: (i) particular circumstances exist warranting the moving of the vehicle or combination to another location; or (ii) particular instructions have been given authorising or requiring the moving of the vehicle or combination to another location; direct the driver or operator of the vehicle or combination to move it or cause it to be moved to the nearest suitable location as specified by the officer, and not to proceed from there until specified breaches of mass, dimension or load restraint requirements are rectified. Particular circumstances (3) Without limiting the above, particular circumstances warranting the moving of a vehicle or combination exist where moving the vehicle or combination is necessary in the public interest to avoid potential risk of harm to public safety, the environment, road infrastructure or public amenity. Particular instructions (4) Particular instructions authorising or requiring the moving of a vehicle or combination are specific instructions or standing instructions given by the Authority (orally or in writing, or by telephone, facsimile, electronic mail, radio, or in any other manner) authorising or requiring the moving of the vehicle or combination in the relevant circumstances. Conditions (5) A direction may be given under this section unconditionally or subject to conditions imposed by the officer. Offences (6) A person commits an offence if: (a) the person is subject to a direction under subsection (2); and (b) the person engages in conduct that results in a contravention of the direction. (7) A person commits an offence if: (a) the person is subject to a direction under subsection (2); and (b) the direction is subject to a condition; and (c) the person engages in conduct that results in a contravention of the condition. (8) The offences under this section are offences of strict liability. Definition (9) In this section:

suitable location means a location that the officer believes on reasonable grounds to be suitable for the purpose of complying with the direction, having regard to any matters the officer considers relevant in the circumstances.

(10) Nothing in subsection (9), or in any other provision of this section, prevents: (a) the intended destination of the journey concerned; or (b) the depot of the vehicle, or of a vehicle in the combination, concerned; from being the nearest suitable location for the purposes of this section.