Document ID: chunk:federal_register_of_legislation:F2016C00656:clause:1_4h
Version: federal_register_of_legislation:F2016C00656
Segment Type: clause
Provision Reference: sch 1 cl 4H
Character Range: 19604–21049

4H  Meaning of unattended vehicle and driver of disconnected trailer
 (1) For the purposes of this Act, a vehicle is unattended if:
 (a) where the authorised officer concerned:
 (i) is present at the scene—there is, after inspection and enquiry by the officer that is reasonable in the circumstances, apparently no person in, on, or in the vicinity of, the vehicle who appears to be a driver of the vehicle; or
 (ii) is not present at the scene but is able to inspect the scene by means of a camera or other remote surveillance system—there is, after inspection by the officer that is reasonable in the circumstances, apparently no person in, on, or in the vicinity of, the vehicle who appears to be a driver of the vehicle; or
 (b) where there is apparently such a person in, on, or in the vicinity of, the vehicle—the officer believes on reasonable grounds that:
 (i) the person is not qualified, not fit or not authorised to drive it; or
 (ii) the person is or appears to be unwilling to drive it; or
 (iii) the person is subject to a direction under section 24 (Direction to leave vehicle) in relation to the vehicle.
 (2) A reference in this Part to the driver of a vehicle is, in a case where the vehicle is a trailer and is not connected (either directly or by one or more other trailers) to a towing vehicle, a reference to the driver of the towing vehicle of the combination to which the trailer was, or apparently was, last connected.