South Australian Consolidated Regulations

ROAD TRAFFIC (HEAVY VEHICLE SPEEDING COMPLIANCE) REGULATIONS 2009 - REG 9

9—Duties of consignors and consignees

        (1)         The consignor and consignee of goods that are to be transported by road by a heavy vehicle must each take all reasonable steps to ensure that—

            (a)         the terms of consignment do not cause the driver of the vehicle to exceed a speed limit that applies to the vehicle; and

            (b)         the terms of consignment do not encourage or provide an incentive to the employer or prime contractor of the driver of the vehicle, or the operator of the vehicle, to cause the driver of the vehicle to exceed a speed limit that applies to the vehicle.

        (2)         An offence against subregulation (1) is a severe risk offence.

        (3)         A consignor or consignee of goods that are to be transported by road by a heavy vehicle must not make a demand that affects, or that may affect, a time in a schedule for such transport and that may cause the driver of the vehicle to exceed a speed limit that applies to the vehicle.

        (4)         In proceedings for an offence against subregulation (3), it is a defence if the person charged establishes that he or she—

            (a)         complied with subregulation (1); and

            (b)         was satisfied on reasonable grounds that the making of the demand would not cause—

                  (i)         the driver to exceed a speed limit that applies to the vehicle; or

                  (ii)         a scheduler in relation to the driver or vehicle to contravene regulation 7.

        (5)         An offence against subregulation (3) is a substantial risk offence.

        (6)         In proceedings for an offence against this regulation, it is not necessary to prove that a driver did, in fact, exceed a speed limit that applies to the relevant heavy vehicle.