Commonwealth Consolidated Regulations

ROAD TRANSPORT REFORM (MASS AND LOADING) REGULATIONS - REG 9

(1)

In proceedings for a failure to comply with subclause 3.1 (1),

(2)

or (3) of the Schedule (relating to loading a vehicle), it is sufficient for the prosecution to prove that the load on the vehicle was not placed, secured or restrained (as the case requires) in a way that met the performance standards recommended in the Load Restraint Guide :

(a)

published by the Australian Government Publishing Service on 12 December 1994; and

(b)

available from Commonwealth Government Bookshops.

(2)

In proceedings for a failure to comply with clause 3.1 of the Schedule, a document purporting to be the Load Restraint Guide referred to in subclause (1) must be taken to be the Load Restraint Guide , unless the document is proved not to be the Load Restraint Guide .

(3)

If the prosecution in proceedings for a failure to comply with subclause 3.1 (2) of the Schedule (relating to securing a load on a vehicle) proves that the load, or part of the load, had fallen off the vehicle, the burden of proof is on the defendant to show compliance.