Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) This section applies if an authorised person or authorised assistant may move a vehicle under section 54.
(2) The authorised person may drive the vehicle even though the person is not qualified to drive the vehicle, if the person believes on reasonable grounds that there is no one else in or near the vehicle who is more capable of driving it than the authorised person and who is fit and willing to drive it.
(3) The authorised assistant may drive the vehicle even though the assistant is not qualified to drive the vehicle, if the authorised person believes on reasonable grounds that there is no one else in or near the vehicle who is more capable of driving it than the assistant and who is fit and willing to drive it.
(4) If an authorised person or authorised assistant is driving a vehicle under this section, this Act and the road transport legislation do not apply to the person or assistant to the extent that they require the person or assistant to be licensed or otherwise authorised to drive the vehicle.
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).
Note 3 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).
(5) In this section:
"authorised assistant"—see section 54 (3).