ROAD TRAFFIC ACT 1961 - SECT 40I
ROAD TRAFFIC ACT 1961 - SECT 40I
40I—Direction to move vehicle to enable exercise of other powers
(1) An authorised
officer may, for the purpose of or in connection with the exercise of other
powers under a road law, direct the driver or operator of a vehicle to move it
or cause it to be moved to the nearest suitable location that is within the
prescribed distance and specified by the officer.
(2) A person commits
an offence if—
(a) the
person is subject to a direction under subsection (1); and
(b) the
person engages in conduct that results in a contravention of the direction.
Maximum penalty: $5 000.
(4) In proceedings for
an offence in relation to a contravention of a direction under
subsection (1), it is a defence if the person charged establishes
that—
(a) it
was not possible to move the vehicle concerned because it was broken down; and
(b) the
breakdown occurred for a physical reason beyond the driver's or operator's
control; and
(c) the
breakdown could not be readily rectified in a way that would enable the
direction to be complied with within a reasonable time.
(5) In this
section—
"prescribed distance" means a distance (in any direction) within a radius of
30 kilometres of—
(a) the
location of the vehicle when the direction is given; or
(b) any
point along the forward route of the journey, if the direction is given in the
course of a journey of the vehicle;
"suitable location" means a location that the authorised officer concerned
believes on reasonable grounds to be a suitable location having regard to any
matters the officer considers relevant in the circumstances.