163Rectification of substantial or severe risk breaches

163 Rectification of substantial or severe risk breaches (1) This section applies if the inspector believes on reasonable grounds that a vehicle is in breach of a mass, dimension or load restraint limit or requirement and that the breach is a substantial or severe risk breach. (2) The inspector must— S. 163(2)(a) repealed by No. 30/2013 s. 60(Sch. item 8.23). (b) if the vehicle is in transit and the breach can be easily rectified on the spot and it is safe for the vehicle to remain where it is while the breach is rectified, direct the driver of the vehicle to rectify the breach before continuing his or her journey; or (c) in any other case, direct the driver of the vehicle— (i) to move the vehicle, or to cause it to be moved, to a place specified by the inspector that is the nearest suitable place at which it will be possible to rectify the breach; and (ii) to keep the vehicle at that place until the breach has been rectified. (3) For the purposes of subsection (2)(b), it is safe to leave a vehicle at a place if it does not pose an immediate potential risk of harm to public safety, the environment, road infrastructure, public amenity or the safety of any person or animal in or on the vehicle. (4) Despite subsection (2), if, in the opinion of the inspector, a vehicle is not safe where it is, but it is also not safe to allow it to immediately travel on a highway to a place where the breach can best be rectified, the inspector must direct the driver to move the vehicle, or to cause it to be moved, to the nearest suitable place at which any threat to public safety posed by the vehicle is minimised to the maximum extent that is practicable in the circumstances. S. 164 inserted by No. 110/2004 s. 41.