Australian Capital Territory Numbered Acts

ROAD TRANSPORT (MASS, DIMENSIONS AND LOADING) ACT 2009 (NO. 22 OF 2009) - SECT 340

    (1)     This section applies to a person (an approved person ) who is—

        (a)     a responsible person for a heavy vehicle or heavy combination who is given a direction under section 337 to run the engine of a vehicle or combination; or

        (b)     a police officer, authorised person, or someone authorised by a police officer or authorised person, who may, under section 339, run the engine of a vehicle or combination.

    (2)     An approved person may run the engine even though the person is not qualified to drive the vehicle or combination, if the police officer or authorised person believes on reasonable grounds that there is no other person in or near the vehicle or combination who is—

        (a)     more capable of running the engine than the approved person; and

        (b)     fit and willing to run the engine.

Note     Qualified to drive a vehicle or combination—see  s 301.
"Fit" to drive a vehicle or combination—see  s 302.

    (3)     An approved person may use reasonable force to run the engine.

Note     Only a police officer may use force against a person (see  s 364).

    (4)     It is immaterial that the approved person is not authorised to run the engine.

Note     Authorised to drive a vehicle or combination—see  s 303.

    (5)     If an approved person is running the engine of a vehicle or combination under section 339, other provisions of the road transport legislation do not apply to the approved person to the extent that the other provisions require the approved person to be licensed or otherwise authorised to run the engine.

Note 1     The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58).

Note 2     Licensing of drivers is dealt with in the Road Transport (Driver Licensing) Act 1999 (see especially s 31).