Northern Territory Consolidated Acts

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TRANSPORT OF DANGEROUS GOODS BY ROAD AND RAIL (NATIONAL UNIFORM LEGISLATION) ACT 2010 - SECT 34

Direction to move a road vehicle – danger or obstruction

    (1)     This section applies if an authorised officer believes on reasonable grounds that a road vehicle to which this Division applies is:

        (a)     seriously endangering public safety, the environment or any rail or road infrastructure; or

        (b)     causing or likely to cause an obstruction to traffic or any event lawfully authorised to be held on a road; or

        (c)     obstructing or hindering, or likely to obstruct or hinder, one or more vehicles from entering or leaving land adjacent to a road.

    (2)     The officer may direct the driver of the vehicle, or a person who is apparently in charge of the vehicle, to do one or both of the following:

        (a)     to move the vehicle, or cause it to be moved, to the extent to which it is necessary to avoid the danger, obstruction or hindrance;

        (b)     to do anything else reasonably required by the officer, or to cause anything else reasonably required by the officer to be done, to avoid the danger, obstruction or hindrance.

    (3)     A person given a direction under subsection (2) must comply with the direction.

Maximum penalty:     60 penalty units.

    (4)     An offence against subsection (3) is an offence of strict liability.

    (5)     It is a defence to a prosecution for an offence against subsection (3) if the defendant establishes a reasonable excuse.



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