40M—Moving unattended vehicle to enable exercise of other powers
(1) This section
applies if an authorised officer—
(a)
believes on reasonable grounds that a vehicle is unattended on a road; and
(b) is
seeking to exercise other powers under a road law; and
(c)
believes on reasonable grounds that the vehicle should be moved to enable or
to facilitate the exercise of those powers.
(2) The officer
may—
(a) move
the vehicle (by driving or towing it or otherwise); or
(b)
authorise another person to move it (by driving or towing it or otherwise),
to the extent reasonably necessary to enable or to facilitate the exercise of
the powers concerned.
(3) The officer may
enter the vehicle, or authorise another person to enter it, for the purpose of
moving the vehicle.
(4) The officer or
person authorised by the officer may use reasonable force to do any or all of
the following:
(a) to
open unlocked doors and other unlocked panels and objects;
(b) to
gain access to the vehicle, or its engine or other mechanical components, to
enable the vehicle to be moved;
(c) to
enable the vehicle to be towed.
(5) The officer or
person authorised by the officer may drive the vehicle only if qualified and
fit to drive it.
Subdivision 3—Power to move or remove unattended or broken down vehicles