Document ID: chunk:federal_register_of_legislation:F2024C00392:clause:1_28
Version: federal_register_of_legislation:F2024C00392
Segment Type: clause
Provision Reference: sch 1 cl 28
Character Range: 45989–47605

28  Moving unattended or broken down road vehicle: where danger or obstruction
 (1) This section applies where an authorised officer believes on reasonable grounds that a vehicle to which this Division applies:
 (a) is unattended or broken down; and
 (b) is causing a dangerous situation.
 (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 avoid the dangerous situation.
 (3) The officer may enter the vehicle, or authorise another person to enter it, for the purpose of moving the vehicle.
 (4) The officer may drive the vehicle even though the officer is not qualified to do so, if the officer believes on reasonable grounds that there is no other person in, on or in the vicinity of the vehicle who is more capable of driving it than the officer.
 (5) A person authorised by the officer may drive the vehicle even though the authorised person is not qualified to do so, if the officer believes on reasonable grounds that there is no other person in, on or in the vicinity of the vehicle who is more capable of driving it than the authorised person.
 (6) The officer or person driving a vehicle under the authority of this section is exempt from any other provision of this Act or of a provision of a road law to the extent that it 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.