A heavy recovery motor vehicle operator complained that Police incorrectly managed the recovery of a disabled car transporter truck and trailer.
The disabled combination was broken down on State Highway 1 near Mangaweka. The owner called the operator to recover the combination to Auckland. This is a trip of approximately 430 km.
The operator was relying on a Land Transport Rule that allows them to tow a heavy motor vehicle that has become disabled while on a roadway, to the nearest safe area. The operator must consider traffic volume, vehicle load, and the ability to undertake repair safely at the roadside, and does not have to comply with over dimensions rules.
There is a difference in the interpretation of the nearest safe area between the operator and Police. Police believe there were places closer than Auckland that were a suitable safe area. Police directed that the operator could not go further than Waiouru but that they could stop somewhere before there if they chose to.
Police and the operator had a tense and sometimes difficult interaction about the recovery options. The officer denies threatening to arrest the operator but warned him that if he went beyond Waiouru he was failing to comply with a lawful direction.
The Police investigation found that Police acted appropriately, and no further action was required. The Authority agrees with the outcome.
IPCA: 19-1637