Document ID: chunk:federal_register_of_legislation:F2016C00708:clause:2_34
Version: federal_register_of_legislation:F2016C00708
Segment Type: clause
Provision Reference: sch 2 cl 34
Character Range: 77421–79630

34  Moving unattended or broken down vehicle or combination: where danger or obstruction
 (1) This section applies where an authorised officer or police officer believes on reasonable grounds that:
 (a) a vehicle or combination on a road is unattended or broken down; and
 (b) the vehicle or combination is causing serious harm, or creating an imminent risk of serious harm, to public safety, the environment or road infrastructure, or is causing or likely to cause an obstruction to traffic.
 (2) The officer may:
 (a) move the vehicle or combination or any vehicle forming part of the combination (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 avoid the danger or obstruction.
 (3) The officer may:
 (a) enter the vehicle or combination, or authorise another person to enter it, for the purpose of moving the vehicle; or
 (b) separate any or all of the vehicles forming part of the combination, or authorise another person to separate them, for the purpose of moving any or all of the vehicles.
 (4) The officer may drive the vehicle or combination even though the officer is not qualified to drive it, if the officer believes on reasonable grounds that there is no other person in, on or in the vicinity of the vehicle or combination who is more capable of driving it than the officer and who is fit and willing to drive it.
 (5) The person authorised by the officer may drive the vehicle or combination even though the authorised person is not qualified to drive it, if the officer believes on reasonable grounds that there is no other person in, on or in the vicinity of the vehicle or combination who is more capable of driving it than the authorised person and who is fit and willing to drive it.
 (6) The officer or person driving a vehicle or combination under the authority of this section is exempt from any other road law to the extent that the other law would require him or her to be licensed or otherwise authorised to drive it.
 (7) The officer or person authorised by the officer may use reasonable force to the extent reasonably necessary to avoid the danger or obstruction.