Australian Capital Territory Numbered Acts

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MOTOR VEHICLES (DIMENSIONS AND MASS) ACT 1990 (NO. 13 OF 1990) - SECT 43

Unattended vehicles

43. (1) Where—

        (a)     a vehicle is standing unattended upon a public street or in a public place; and

        (b)     an inspector has reasonable grounds for believing that the vehicle, or the vehicle with its equipment and load, does not comply with the requirements of this Act;

the inspector may serve a notice under this section upon the driver of the vehicle.

(2) A notice under this section shall—

        (a)     specify the date on which, and the time and place at which, the notice was served;

        (b)     specify the name and designation of the inspector who served the notice; and

        (c)     direct that, while the notice remains in force, the vehicle is not to be moved except for the purpose of taking it directly to a weighbridge or weighing station specified in the notice.

(3) A notice under this section remains in force until the vehicle to which it relates has been presented at the weighbridge or weighing station specified in the notice and an inspector has inspected the vehicle and determined the mass of the vehicle together with its equipment and load (if any).

(4) A notice under this section may be served upon the driver of a vehicle by securely placing the notice upon the vehicle in a conspicuous position.

(5) An inspector who serves a notice under this section upon the driver of a vehicle shall affix to the windscreen of the vehicle a label stating—

        (a)     the registration number of the vehicle;

        (b)     that a notice under this section has been served in respect of the vehicle;

        (c)     the date on which, and the time and place at which, the notice was served; and

        (d)     the name and designation of the inspector by whom the notice was served.

(6) For the purposes of this section, a vehicle shall be taken to be unattended when there is not in, on or near the vehicle a person who is apparently in charge of the vehicle, being a person who holds a licence that authorises him or her to drive the vehicle.



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