sec.33BMoving unattended prescribed dangerous goods vehicle on road

### sec.33B Moving unattended prescribed dangerous goods vehicle on road This section applies if an authorised officer— reasonably believes that a prescribed dangerous goods vehicle on a road is unattended; and intends to exercise a power under this Act in relation to the vehicle; and reasonably believes it is necessary to move the vehicle to enable the exercise of the power. The authorised officer may take the steps that are reasonably necessary to move the vehicle on the road, or to remove the vehicle from the road, to enable the exercise of the power. driving, pushing or towing the vehicle Despite subsection (2) , the authorised officer may only drive, or authorise someone else (the assistant ) to drive, the vehicle if the authorised officer or assistant is qualified and fit to drive it. It is immaterial that— the assistant is not the operator of the vehicle; or the authorised officer or assistant is not authorised by the operator to drive it. If the authorised officer asks a service or towing vehicle operator to move or remove the vehicle, the service or towing vehicle operator may take the steps that are reasonably necessary to move or remove the vehicle, as requested. The authorised officer, the assistant or a service or towing vehicle operator mentioned in subsection (5) may use the force that is reasonably necessary to do any or all of the following— open unlocked doors and other unlocked panels and things in the vehicle; gain access to the vehicle, its engine or other mechanical components to enable it to be moved; enable the vehicle to be towed. Subsection (6) does not authorise an authorised officer, assistant or service or towing vehicle operator to use force against a person. In this section— road includes a road-related area. s 33B ins 2007 No. 43 s 41 amd 2008 No. 67 s 54 ; 2013 No. 26 s 51 (sec.33B-ssec.1) This section applies if an authorised officer— reasonably believes that a prescribed dangerous goods vehicle on a road is unattended; and intends to exercise a power under this Act in relation to the vehicle; and reasonably believes it is necessary to move the vehicle to enable the exercise of the power. (sec.33B-ssec.2) The authorised officer may take the steps that are reasonably necessary to move the vehicle on the road, or to remove the vehicle from the road, to enable the exercise of the power. driving, pushing or towing the vehicle (sec.33B-ssec.3) Despite subsection (2) , the authorised officer may only drive, or authorise someone else (the assistant ) to drive, the vehicle if the authorised officer or assistant is qualified and fit to drive it. (sec.33B-ssec.4) It is immaterial that— the assistant is not the operator of the vehicle; or the authorised officer or assistant is not authorised by the operator to drive it. (sec.33B-ssec.5) If the authorised officer asks a service or towing vehicle operator to move or remove the vehicle, the service or towing vehicle operator may take the steps that are reasonably necessary to move or remove the vehicle, as requested. (sec.33B-ssec.6) The authorised officer, the assistant or a service or towing vehicle operator mentioned in subsection (5) may use the force that is reasonably necessary to do any or all of the following— open unlocked doors and other unlocked panels and things in the vehicle; gain access to the vehicle, its engine or other mechanical components to enable it to be moved; enable the vehicle to be towed. (sec.33B-ssec.7) Subsection (6) does not authorise an authorised officer, assistant or service or towing vehicle operator to use force against a person. (sec.33B-ssec.8) In this section— road includes a road-related area. - (a) reasonably believes that a prescribed dangerous goods vehicle on a road is unattended; and - (b) intends to exercise a power under this Act in relation to the vehicle; and - (c) reasonably believes it is necessary to move the vehicle to enable the exercise of the power. - (a) the assistant is not the operator of the vehicle; or - (b) the authorised officer or assistant is not authorised by the operator to drive it. - (a) open unlocked doors and other unlocked panels and things in the vehicle; - (b) gain access to the vehicle, its engine or other mechanical components to enable it to be moved; - (c) enable the vehicle to be towed.