37Transport safety officer to give notice of damage

37 Transport safety officer to give notice of damage

S. 37(1) amended by No. 41/2019 s. 42.

(1) This section applies if a transport safety officer or an assistant to a transport safety officer damages a thing when exercising or purporting to exercise a power under a transport safety law or under this Part.

(2) The transport safety officer must, as soon as practicable, give written notice of the damage to the person whom the officer believes on reasonable grounds is the person in control of the thing.

(3) If the transport safety officer believes the damage was caused by a latent defect in the thing or circumstances beyond the officer's or assistant's control, the officer may state it in the notice.

(4) If, for any reason, it is impracticable to comply with subsection (2), the transport safety officer must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.

(5) This section does not apply to damage the transport safety officer reasonably believes is trivial.