68AUnauthorised use of freeway

68A Unauthorised use of freeway (1) A pedestrian must not without a reasonable excuse use any part of a freeway other than— (a) a pathway on the road reserve of the freeway; or S. 68A(1)(b) amended by No. 49/2019 s. 116(Sch. 1 item 157(a)). (b) in accordance with a sign erected on the freeway by the Head, Transport for Victoria; or S. 68A(1)(c) amended by No. 49/2019 s. 116(Sch. 1 item 157(a)). (c) while engaged in the conduct of works to which the Head, Transport for Victoria has consented; or S. 68A(1)(d) amended by No. 49/2019 s. 116(Sch. 1 item 157(b)). (d) as authorised in writing by the Secretary or the Head, Transport for Victoria. S. 68A(1A) inserted by No. 24/2005 s. 9(1), amended by No. 34/2023 s. 47(1). (1A) A rider of a bicycle or electric scooter must not, without a reasonable excuse, ride on any part of a freeway other than— (a) a pathway on the road reserve of the freeway; or S. 68A(1A)(b) amended by No. 49/2019 s. 116(Sch. 1 item 157(c)). (b) in accordance with a sign erected on the freeway by the Head, Transport for Victoria; or S. 68A(1A)(c) amended by No. 49/2019 s. 116(Sch. 1 item 157(d)). (c) as authorised in writing by the Secretary or the Head, Transport for Victoria. S. 68A(2) amended by No. 49/2019 s. 116(Sch. 1 item 157(d)). (2) Unless authorised in writing by the Secretary or the Head, Transport for Victoria, a person must not cause or permit an animal to be on any part of a freeway other than a pathway on the road reserve of the freeway. S. 68A(3) amended by No. 49/2019 s. 116(Sch. 1 item 157(d)). (3) Unless authorised in writing by the Secretary or the Head, Transport for Victoria, a person must not cause or permit agricultural machinery to be on any part of a freeway. S. 68A(4) amended by No. 49/2019 s. 116(Sch. 1 item 157(d)). (4) Unless authorised in writing by the Secretary or the Head, Transport for Victoria, a person must not cause or permit— (a) any road construction or maintenance machinery; or (b) any machinery related to the maintenance of non-road infrastructure— to be on any part of a freeway. (5) In subsection (4), ***non-road infrastructure*** has the same meaning as in section 3(1) of the **Road Management Act 2004**. S. 68A(6) inserted by No. 24/2005 s. 9(2), amended by Nos 37/2014 s. 10(Sch. item 147.24), 34/2023 s. 47(2). (6) If a police officer believes, on reasonable grounds, that a person is committing an offence against this section, the police officer may remove from the freeway or the part of the freeway, as the case requires, that person or any bicycle, electric scooter, animal or machinery connected with the commission of the offence or any other property belonging to or in the possession of, or apparently belonging to or in the possession of, that person. S. 68A(7) inserted by No. 24/2005 s. 9(2), amended by No. 37/2014 s. 10(Sch. item 147.24). (7) A police officer may, in order to remove a person or thing under subsection (6), use such force as is reasonable in the circumstances. S. 68A(8) inserted by No. 24/2005 s. 9(2). (8) The exercise of a power under subsection (6) does not prevent the commencing of a proceeding in respect of the offence. S. 68A(9) inserted by No. 24/2005 s. 9(2), substituted by No. 81/2006 s. 45. (9) In this section ***freeway***, ***pathway*** and ***road reserve*** have the same meanings as in the **Road Management Act 2004**. S. 68B inserted by No. 74/2007 s. 9.