166Rail safety officer to give notice of damage

166 Rail safety officer to give notice of damage

166 Rail safety officer to give notice of damage

(1) This section applies if a rail safety officer or an assistant to a rail safety officer damages a thing when exercising or purporting to exercise a power under this Law.

(2) The rail safety officer must, as soon as practicable, give written notice of the damage to the person whom the officer believes on reasonable grounds is the person in control of the thing.

(3) If the rail safety officer believes the damage was caused by a latent defect in the thing or circumstances beyond the officer’s or assistant’s control, the officer may state it in the notice.

(4) If, for any reason, it is impracticable to comply with subsection (2), the rail safety officer must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.

(5) This section does not apply to damage the rail safety officer reasonably believes is trivial.