Queensland Consolidated Acts

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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 163A

163A Noncompliance with mass, dimension or loading concession

(1) A person acting under the authority of a mass, dimension or loading concession must not contravene a condition of the concession.

Maximum penalty—60 penalty units.

(2) If a person commits an offence against subsection (1)—

(a) the mass, dimension or loading concession does not operate in the person's favour while the contravention continues; and
(b) the concession must be disregarded in deciding—
(i) whether the person has contravened a mass, dimension or loading requirement applying to a heavy vehicle; and
(ii) the risk category for the contravention.

(3) However, subsection (2)(b)(ii) does not apply if the concession exempts the person from a provision of a transport Act relating to—

(a) a mass requirement applying to a heavy vehicle; or
(b) a dimension requirement applying to a heavy vehicle relating to length for a B-double or road train.

(4) If, because of the operation of subsection (2), a person commits an offence against a provision of a transport Act (the other offence provision) from which the person was exempted under the mass, dimension or loading concession, the person—

(a) may be charged with an offence against either subsection (1) or the other offence provision; but
(b) must not be charged with both offences.
Editor's note—
See also the Criminal Code, section 16.

(5) In this section—

condition, of a mass, dimension or loading concession, means a term or condition stated in or otherwise applicable to the concession.

Example—
a term or condition imposing a different requirement in place of a requirement contained in the provision of a transport Act from which the holder of the concession is exempted

mass, dimension or loading concession means an exemption given under this Act exempting a person or vehicle from a provision of this Act relating to a mass, dimension or loading requirement.



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