Subdiv 1Interpretation

Subdivision 1—Interpretation 40C—Meaning of qualified, fit or authorised to drive or start or stop engine For the purposes of this Division— (a) a person is qualified to drive a vehicle, or to start or stop its engine, if the person— (i) holds a driver's licence of the appropriate class to drive the vehicle and the licence is not suspended; and (ii) is not prevented under a law, including, for example, by the conditions of the driver's licence, from driving the vehicle at the relevant time; (b) a person is fit to drive a vehicle, or to start or stop its engine, if the person— (i) is apparently physically and mentally fit to drive the vehicle, or start or stop its engine; and (ii) is not apparently affected by either or both of the following: (A) alcohol; (B) a drug that affects a person's ability to drive a vehicle; and (iii) the person has not at the time been found to have, and there are not any reasonable grounds to suspect that the person has, a concentration of alcohol in the person's blood exceeding the amount permitted under a road law; and (iv) the person has not at the time been found to have, and there are not any reasonable grounds to suspect that the person has, a prescribed drug in the person's oral fluid or blood; (c) a person is authorised to drive a vehicle, or to start or stop its engine, if the person is its operator or has the authority of the operator to drive it or to start or stop its engine (regardless of whether or not the person is qualified to drive the vehicle, or to start or stop its engine). 40D—Meaning of unattended vehicle and driver of disconnected trailer (1) For the purposes of this Division, a vehicle is unattended if— (a) the authorised officer concerned is present at the scene and there is, after inspection and enquiry by the officer that is reasonable in the circumstances, apparently no person in, on or near the vehicle who appears to be a driver of the vehicle; or (b) the authorised officer concerned is not present at the scene but is able to inspect the scene by means of camera or other remote surveillance system and there is, after inspection by the officer that is reasonable in the circumstances, apparently no person in, on or near the vehicle who appears to be a driver of the vehicle; or (c) there is a person in, on or near the vehicle who appears to be its driver but the person is— (i) unwilling, or not qualified or fit, to drive the vehicle; or (ii) not authorised by the operator of the vehicle to drive it; or (iii) subject to a direction under section 40K in relation to the vehicle. (2) For the purposes of this Division, a person is the driver of a vehicle if, 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, the person is the driver of the towing vehicle to which the trailer was or apparently was last connected. 40E—Meaning of broken down vehicle For the purposes of this Division, a vehicle is broken down if— (a) in the case of a motor vehicle—it is not possible to drive the vehicle because it is disabled through damage, mechanical failure, lack of fuel or any similar reason; or (b) in the case of a trailer—it is not connected (either directly or by 1 or more other trailers) to a towing vehicle, whether or not the trailer is also disabled through damage, mechanical power or any similar reason; or (c) in the case of a combination—it is not possible to drive the combination because the combination or a vehicle comprised in the combination is disabled through damage, mechanical failure, lack of fuel or any similar reason; or (d) in any other case—it is not connected to a towing vehicle or an animal by which it could be drawn or it is not possible to tow or draw the vehicle because it is disabled through damage, mechanical failure or any similar reason. 40F—Meaning of compliance purposes For the purposes of this Division, a power is exercised for compliance purposes in relation to a person if the power is exercised— (a) to determine whether the Australian road laws are being complied with by that or any other person; or (b) to investigate a breach or suspected breach of an Australian road law by that or any other person; or (c) to investigate an accident in which that person or any other person has been involved.