sec.35CRunning or stopping prescribed dangerous goods vehicle engine

### sec.35C Running or stopping prescribed dangerous goods vehicle engine An authorised officer may, to allow the officer to effectively exercise a power under this Act in relation to a prescribed dangerous goods vehicle, enter the vehicle and run or stop its engine ( take the prescribed action ) or authorise someone else (the assistant ) to enter the vehicle and take the prescribed action if— a person fails to comply with a requirement made by an authorised officer under section 39 to take the prescribed action; or no person involved in the transport of the dangerous goods in relation to the vehicle is available or willing to take the prescribed action; or the authorised officer reasonably believes there is no-one else in or near the vehicle who is more capable of taking the prescribed action and is fit and willing to do so. The authorised officer or assistant may use the force that is reasonably necessary to enter the vehicle and take the prescribed action. Subsection (2) does not authorise an authorised officer or assistant to use force against a person. 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 the vehicle or take the prescribed action; or qualified to drive the vehicle or take the prescribed action. This section does not authorise the authorised officer or assistant to drive the vehicle. In running the engine, the authorised officer or assistant is exempt from a provision of a transport Act to the extent the provision would require the authorised officer or assistant to be qualified to take the prescribed action. s 35C ins 2007 No. 43 s 44 amd 2008 No. 67 s 60 ; 2013 No. 26 s 57 (sec.35C-ssec.1) An authorised officer may, to allow the officer to effectively exercise a power under this Act in relation to a prescribed dangerous goods vehicle, enter the vehicle and run or stop its engine ( take the prescribed action ) or authorise someone else (the assistant ) to enter the vehicle and take the prescribed action if— a person fails to comply with a requirement made by an authorised officer under section 39 to take the prescribed action; or no person involved in the transport of the dangerous goods in relation to the vehicle is available or willing to take the prescribed action; or the authorised officer reasonably believes there is no-one else in or near the vehicle who is more capable of taking the prescribed action and is fit and willing to do so. (sec.35C-ssec.2) The authorised officer or assistant may use the force that is reasonably necessary to enter the vehicle and take the prescribed action. (sec.35C-ssec.3) Subsection (2) does not authorise an authorised officer or assistant to use force against a person. (sec.35C-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 the vehicle or take the prescribed action; or qualified to drive the vehicle or take the prescribed action. (sec.35C-ssec.5) This section does not authorise the authorised officer or assistant to drive the vehicle. (sec.35C-ssec.6) In running the engine, the authorised officer or assistant is exempt from a provision of a transport Act to the extent the provision would require the authorised officer or assistant to be qualified to take the prescribed action. - (a) a person fails to comply with a requirement made by an authorised officer under section 39 to take the prescribed action; or - (b) no person involved in the transport of the dangerous goods in relation to the vehicle is available or willing to take the prescribed action; or - (c) the authorised officer reasonably believes there is no-one else in or near the vehicle who is more capable of taking the prescribed action and is fit and willing to do so. - (a) the assistant is not the operator of the vehicle; or - (b) the authorised officer or assistant is not— (i) authorised by the operator to drive the vehicle or take the prescribed action; or (ii) qualified to drive the vehicle or take the prescribed action. - (i) authorised by the operator to drive the vehicle or take the prescribed action; or - (ii) qualified to drive the vehicle or take the prescribed action. - (i) authorised by the operator to drive the vehicle or take the prescribed action; or - (ii) qualified to drive the vehicle or take the prescribed action.