Australian Capital Territory Consolidated Acts

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DANGEROUS GOODS (ROAD TRANSPORT) ACT 2009 - SECT 39

Direction to stop pt 3.2 vehicle

    (1)     An authorised person may, for compliance purposes, direct—

        (a)     the driver of a part 3.2 vehicle to stop the vehicle; or

        (b)     the driver of a part 3.2 vehicle, or anyone else, not to do 1 or more of the following:

              (i)     move the vehicle;

              (ii)     interfere with the vehicle or any equipment in the vehicle;

              (iii)     interfere with the load in the vehicle.

Note     For when a function is exercised for compliance purposes , see s 9.

    (2)     A direction to stop a part 3.2 vehicle may require that the vehicle be stopped

        (a)     without delay; or

        (b)     at the nearest place that the vehicle can be safely stopped as indicated by the authorised person.

    (3)     A direction given under subsection (1) does not prevent an authorised person from giving the driver, the other person or someone else a later inconsistent direction under another provision of this Act.

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

    (4)     A direction given under subsection (1) ceases to be operative to the extent that an authorised person—

        (a)     gives the driver, the other person or someone else a later inconsistent direction; or

        (b)     indicates to the person to whom the direction is given that the direction is no longer operative.

    (5)     An authorised person may direct a part 3.2 vehicle to be stopped only for the amount of time necessary for the person to exercise the function.

    (6)     In this section:

"stop" a vehicle means stop the vehicle and keep the vehicle stationary.

Note 1     If the driver fails to comply with the direction, the driver may be directed to leave the vehicle (see s 47).

Note 2     How a direction may be given is dealt with in s 63.

Note 3     General provisions about directions are in pt 3.4.



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