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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 33A
Requiring prescribed dangerous goods vehicle to be moved if causing harm or obstruction etc.
33A Requiring prescribed dangerous goods vehicle to be moved if causing harm
or obstruction etc.
(1) This section applies if— (a) a prescribed dangerous goods vehicle is
stationary in a following place— (i) a road or road-related area;
(ii) a
public place;
(iii) another place occupied or owned by the State or a
government entity;
(iv) a prescribed place an authorised officer has entered
under section 26 ;
(v) a place an authorised officer has entered under
section 26A or 26B ; and
(b) the authorised officer reasonably believes the
vehicle— (i) is causing, or creating a risk of, serious harm to public
safety, the environment or road infrastructure; or
(ii) is causing, or likely
to cause, an obstruction to— (A) traffic; or
(B) an event lawfully
authorised to be held on the road; or
(C) a vehicle entering or leaving land
adjacent to the road.
(2) The authorised officer may require the person in
control, or the operator, of the vehicle to do either or both of the
following— (a) move the vehicle, or cause it to be moved, to the extent
necessary to avoid the harm or obstruction;
(b) do, or cause to be done,
anything else the officer reasonably requires to avoid the harm or
obstruction.
(3) A requirement under subsection (2) may be made in a way
mentioned in section 33 (3A) .
(4) The person must comply with the
requirement, unless the person has a reasonable excuse. Penalty—
Maximum penalty—90 penalty units.
(5) Without limiting what may be a
reasonable excuse for subsection (4) , in a proceeding for an offence against
the subsection, it is a defence if the person charged with the offence
proves— (a) it was not possible to move the vehicle because it was broken
down; and
(b) the breakdown happened for a physical reason beyond the
person’s control; and
(c) the breakdown could not be readily rectified in a
way that would enable the requirement to be complied with within a reasonable
time.
(6) In this section—
"prescribed place" see section 33 (6) .
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