Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ROAD SAFETY ACT 1986 - SECT 133

Direction to provide reasonable assistance

    (1)     An inspector may direct a responsible person to provide assistance to the inspector to enable the inspector effectively to exercise a power under this Part.

    (2)     Without limiting subsection (1), the inspector may direct the person to do any or all of the following—

        (a)     to find and gain access to electronically stored information;

        (b)     to find and gain access to any information required to be on a vehicle to indicate its specifications, capabilities or legal entitlements;

        (c)     to find and gain access to any information relating to a heavy vehicle (including the performance, specifications, capabilities, use and legal entitlements of the vehicle) in a useable form for the purpose of ascertaining its compliance with requirements imposed by a relevant law or scheme;

        (d)     to weigh or measure the whole or any part of a heavy vehicle or its load;

        (e)     to run the engine of a heavy vehicle.

    (3)     A responsible person must not, without reasonable excuse, refuse or fail to comply with a direction made under subsection (1).

Penalty:     60 penalty units.

    (4)     In proceedings for an offence against subsection (3), it is a defence if the person charged establishes that—

        (a)     the direction was unreasonable; or

        (b)     without limiting paragraph (a), the direction or its subject-matter was outside the scope of the business or other activities of the person.

S. 134 inserted by No. 44/2003 s. 3.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback