34Direction to move vehicle

34 Direction to move vehicle

(1) A ranger who believes, on reasonable grounds, that a vehicle:

(a) is being, or has been, used; or

(b) is parked;

on Trust land in contravention of these Regulations may direct the driver of the vehicle to move the vehicle.

(2) The driver of a vehicle must comply with a direction given to the driver under subregulation (1).

(3) Despite subregulation (2), a person does not commit an offence under that subregulation unless the ranger, at the time of giving the direction:

(b) warned the person that the failure to comply with the direction is an offence.

(4) It is a defence to a prosecution for an offence against subregulation (2) if the defendant complies with the direction to the extent to which he or she is capable.

Note A defendant bears an evidential burden in relation to the matter in subregulation (4) (see subsection 13.3 (3) of the Criminal Code).

(5) An offence against subregulation (2) is an offence of strict liability.

(6) In this regulation:

driver includes any adult who appears to be the driver of the vehicle, whether or not he or she is sitting in the driver’s seat of the vehicle.