40D—Meaning of unattended vehicle and driver of disconnected trailer
(1) For the purposes
of this Division, a vehicle is
"unattended" if—
(a) the
authorised officer concerned is present at the scene and there is, after
inspection and enquiry by the officer that is reasonable in the circumstances,
apparently no person in, on or near the vehicle who appears to be a driver of
the vehicle; or
(b) the
authorised officer concerned is not present at the scene but is able to
inspect the scene by means of camera or other remote surveillance system and
there is, after inspection by the officer that is reasonable in the
circumstances, apparently no person in, on or near the vehicle who appears to
be a driver of the vehicle; or
(c)
there is a person in, on or near the vehicle who appears to be its driver but
the person is—
(i)
unwilling, or not qualified or fit, to drive the vehicle;
or
(ii)
not authorised by the operator of the vehicle to drive
it; or
(iii)
subject to a direction under section 40K in relation
to the vehicle.
(2) For the purposes
of this Division, a person is the
"driver" of a vehicle if, 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, the person is the driver of the towing vehicle to which the trailer
was or apparently was last connected.