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This is a Bill, not an Act. For current law, see the Acts databases.
ROAD TRANSPORT (MASS, DIMENSIONS AND LOADING) BILL 2009
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Transport)
Road
Transport (Mass, Dimensions and Loading) Bill 2009
Contents
Page
Part 1.1 Magistrates
Court Act 1930 200
Part 1.2 Road
Transport (Alcohol and Drugs) Act 1977 201
Part 1.3 Road
Transport (Driver Licensing) Act 1999 201
Part 1.4 Road
Transport (Driver Licensing) Regulation 2000 202
Part 1.5 Road
Transport (General) Act 1999 203
Part 1.6 Road
Transport (General) Regulation 2000 207
Part 1.7 Road
Transport (Offences) Regulation 2005 208
Part 1.8 Road
Transport (Public Passenger Services) Act 2001 230
Part 1.9 Road
Transport (Safety and Traffic Management) Act 1999 230
Part 1.10 Road
Transport (Safety and Traffic Management) Regulation
2000 231
Part 1.11 Road
Transport (Third-party Insurance) Act 2008 231
Part 1.12 Road
Transport (Vehicle Registration) Act 1999 232
Part 1.13 Road
Transport (Vehicle Registration) Regulation 2000 233
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Transport)
Road Transport (Mass,
Dimensions and Loading) Bill 2009
A Bill for
An Act to provide for regulation of mass, dimensions and loading in
relation to vehicles, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Road Transport (Mass, Dimensions and Loading) Act
2009.
Note 1 This Act is part of the road transport legislation.
See the Road Transport (General) Act 1999 for various provisions about
the administration and enforcement of the road transport legislation
generally.
Note 2 Other road transport legislation includes the
following:
• Road Transport (Alcohol and Drugs) Act 1977
• Road Transport (Driver Licensing) Act 1999
• Road Transport (General) Act 1999
• Road Transport (Public Passenger Services) Act
2001
• Road Transport (Safety and Traffic Management) Act
1999
• Road Transport (Third-Party Insurance) Act 2008
• Road Transport (Vehicle Registration) Act 1999.
Note 3 A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
This Act commences on a day fixed by the Minister by written
notice.
Note 1 The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times
may be fixed, for the commencement of different provisions (see Legislation Act,
s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see Legislation Act, s 79).
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act, and includes references (signpost definitions)
to other terms defined elsewhere.
For example, the signpost definition ‘road transport
legislation—see the Road Transport (General) Act 1999,
section 6.’ means that the term ‘road transport
legislation’ is defined in that section and the definition applies to this
Act.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
A note included in this Act is explanatory and is not part of this
Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the
legal status of notes.
5 Offences
against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this
Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code,
pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (e.g. conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that
are expressed in penalty units.
(1) The general objects of this Act are—
(a) to improve road transport safety; and
(b) to minimise the adverse impact of road transport on roads, road
related areas, bridges and other road infrastructure; and
(c) to minimise adverse impacts of road transport on the environment;
and
(d) to minimise adverse impacts of road transport on the community;
and
(e) to promote effective and efficient observance of requirements of road
transport law.
(2) The particular objects of this Act are—
(a) to provide a system that encourages effective and efficient compliance
with the requirements of road transport law; and
(b) to provide a system that, through improved compliance with, and
accountability for, requirements of road transport law—
(i) promotes improved outcomes for road safety, the environment, road
infrastructure and traffic management; and
(ii) reduces unfair competitive advantage; and
(c) to provide an effective, efficient and equitable scheme for the
enforcement of requirements of road transport law; and
(d) to recognise a chain of responsibility of parties who have a role in
the transport of goods or passengers by road and to make the parties accountable
for their acts and omissions; and
(e) to provide powers to promote safety in the use of heavy vehicles in
road transport.
(3) It is the Assembly’s intention that the objects of this Act will
be achieved in the context of nationally consistent road transport laws, and in
particular in the context of nationally consistent compliance and enforcement
laws, having regard to regional differences.
Part
1.2 Important
concepts
7 Meaning
of heavy vehicle
(1) In this Act:
heavy vehicle means—
(a) a motor vehicle, or trailer, with a GVM greater than 4.5t, and
includes—
(i) a special purpose vehicle with a GVM greater than 4.5t, and
(ii) a passenger-carrying vehicle with a GVM greater than 4.5t;
and
(b) a motor vehicle prescribed by regulation.
(2) In this section:
passenger-carrying vehicle means a vehicle if the primary
purpose for which the vehicle was built, or permanently modified, was the
carriage of passengers.
special purpose vehicle—
(a) means a vehicle if the primary purpose for which the vehicle was
built, or permanently modified, was not the carriage of goods or passengers;
and
(b) includes a vehicle prescribed by regulation; but
(c) does not include a vehicle exempted by regulation.
8 Meaning
of heavy combination
In this Act:
heavy combination means—
(a) a combination that includes a heavy vehicle; or
(b) a combination prescribed by regulation.
9 Meaning
of driver of vehicle or combination
(1) In this Act:
driver, of a vehicle or combination,
includes—
(a) a two-up driver of the vehicle or combination who is present in or
near the vehicle or combination; and
(b) a person driving the vehicle or combination as a driver under
instruction or under a learner licence, or learner permit, that authorises the
person to drive the vehicle or combination.
Note 1 Driver, of a vehicle, means the person who is driving
the vehicle (see Road Transport (General) Act 1999, dict).
Note 2 Driver, of a disconnected trailer, for pt 3.1
(Investigation powers)—see s 305.
(2) In this section:
two-up driver means a person accompanying a driver of a
vehicle or combination on a journey or part of a journey, who has been, is or
will be sharing the task of driving the vehicle or combination during the
journey.
10 Meaning
of base of driver of vehicle or combination
(1) In this Act:
base, of a driver of a vehicle or combination,
means—
(a) the place recorded for the time being as the driver’s base in
the log book kept by the driver; or
(b) if no place is recorded as mentioned in paragraph (a)—the
garage address of the vehicle or towing vehicle of the combination, as recorded
by the road transport authority or a corresponding road transport authority;
or
(c) if no place is recorded as mentioned in paragraph (a) or
(b)—the place from which the driver normally works and receives
instructions.
(2) To remove any doubt, if a driver has 2 or more employers, the driver
may have a different base in relation to each employer.
(3) To remove any doubt, if a driver is both a self-employed driver and an
employed driver, the driver may have 1 base as a self-employed driver and
another base as an employed driver.
11 Meaning
of operator of vehicle or combination
(1) In this Act:
operator, of a vehicle or combination, means—
(a) for a vehicle (including a vehicle in a combination)—the person
responsible for controlling or directing the operations of the vehicle;
or
(b) for a combination—the person responsible for controlling or
directing the operations of a towing vehicle in the combination.
(2) However, a person is not an operator of a vehicle or combination only
because the person does any of the following:
(a) owns the vehicle or combination;
(b) drives the vehicle or combination;
(c) maintains or arranges for the maintenance of the vehicle or
combination;
(d) arranges for the registration of the vehicle.
Note Section 403 contains provisions about the liability of
registered operators for offences committed by people who are operators of
vehicles or combinations.
12 Meaning
of responsible person for heavy vehicle or heavy
combination
(1) In this Act:
responsible person, for a heavy vehicle or heavy
combination—
(a) means anyone with, at a relevant time, a role or responsibilities
associated with road transport involving the vehicle or combination;
and
(b) includes a defined person for the vehicle or combination.
(2) In this section:
defined person means the following:
(a) an owner of the vehicle or combination or of a vehicle in the
combination;
(b) a driver of the vehicle or combination;
(c) an operator or registered operator of the vehicle or
combination;
(d) a person in charge, or apparently in charge, of the vehicle or
combination;
(e) a person in charge, or apparently in charge, of—
(i) the garage address of the vehicle or combination; or
(ii) the base of the driver or drivers of the vehicle or
combination;
Note Base, of a driver of a vehicle or
combination—see s 10.
(f) a person appointed under an approved road transport compliance scheme
to have monitoring or other responsibilities under the scheme for the vehicle or
combination;
Example
a person appointed to have responsibilities for certifying, monitoring or
approving vehicles or combinations under the approved road transport compliance
scheme
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(g) an operator of an intelligent transport system that applies in
relation to the vehicle or combination;
(h) a person in charge of premises entered, in relation to the vehicle or
combination, by a police officer or authorised person under this Act;
(i) a person who consigns goods for transport by road in the vehicle or
combination;
(j) a person who packs goods in a freight container or other container or
in a package or on a pallet for transport by road in the vehicle or
combination;
(k) a person who loads goods or a container on the vehicle or combination
for transport by road;
(l) a person who unloads goods, or a container containing goods, consigned
for transport by road on the vehicle or combination;
(m) a person to whom goods are consigned for transport by road in the
vehicle or combination;
(n) a person who receives goods packed outside Australia in a freight
container, or other container, or on a pallet for transport by road in Australia
on the vehicle or combination;
(o) an owner or operator of a weighbridge, or weighing facility, used to
weigh the vehicle or combination, or an occupier of premises where the
weighbridge or weighing facility is located;
(p) a responsible entity for a freight container for the vehicle or
combination;
Note Responsible entity, for a freight
container—see s 167.
(q) a person who controls or directly influences the loading or operation
of the vehicle or combination;
(r) an agent, employer, employee or subcontractor of anyone mentioned in
this section.
13 Meaning
of consignor of goods
In this Act:
consignor, of goods, means—
(a) a person who, with the person’s authority, is named or otherwise
identified as the consignor of the goods in the transport documentation for the
transport of the goods by road; or
(b) if no-one is named or otherwise identified as mentioned in
paragraph (a)—
(i) a person who engages an operator of a vehicle or combination, either
directly or indirectly or through an agent or other intermediary, to transport
the goods by road; or
(ii) a person who has possession of, or control over, the goods
immediately before the goods are transported by road; or
(iii) if the goods are loaded on a vehicle for transport by road at a
place for the storage or temporary holding of goods in bulk that is unattended
during the loading (except by a driver of the vehicle, a trainee driver or
anyone necessary for the normal operation of the vehicle)—a person who
loads the goods; or
(c) if no-one can be identified as the consignor under paragraph (b)
and the goods are imported into Australia—a person who imports the
goods.
14 Meaning
of consignee of goods
In this Act:
consignee, of goods—
(a) means a person who—
(i) with the person’s authority, is named or otherwise identified as
the intended consignee of the goods in the transport documentation relating to
the transport of the goods by road; or
(ii) actually receives the goods after completion of their transport by
road; but
(b) does not include a person who only unloads the goods.
15 Meaning
of freight container
In this Act:
freight container—
(a) means—
(i) a re-usable container of the kind mentioned in Australian Standard
AS 3711.1:2000, Freight containers—Classification, dimensions and
ratings, that is designed for repeated use for the transport of goods by 1
or more modes of transport; or
(ii) a re-usable container of the same or a similar design and
construction to a container mentioned in subparagraph (i) though of
different dimensions; and
(b) includes a container prescribed by regulation; but
(c) does not include anything exempted by regulation.
16 Meaning
of package of goods and packer
(1) In this Act:
package, of goods, means the complete product of the packing
of the goods for transport by road, consisting of the goods and their
packaging.
packer, of goods for transport by road, means a person
who—
(a) puts the goods in a packaging for transport by road; or
(b) assembles the goods as packaged goods in an outer packaging or unit
load for transport by road; or
(c) supervises an activity mentioned in paragraph (a) or (b);
or
(d) manages or controls an activity mentioned in paragraph (a), (b)
or (c).
(2) In this section:
packaging, of goods for transport by road, means the
container (including a freight container) in which the goods are received or
held for transport by road, and includes anything that allows the container to
receive or hold the goods or to be closed.
unit load means a load of packaged goods that
are—
(a) wrapped in plastics, and strapped or otherwise secured to a pallet or
other base and to each other, for transport; or
(b) placed together in a protective outer container (other than a freight
container) for transport; or
(c) secured together in a sling for transport.
17 Meaning
of loader of goods
In this Act:
loader, of goods, means a person who—
(a) loads a vehicle or combination with goods for transport by road;
or
(b) loads a vehicle or combination with a freight container (whether or
not containing goods) for transport by road; or
(c) without limiting paragraph (a) or (b), loads a freight container
already in a vehicle or combination with goods for transport by road;
or
(d) supervises an activity mentioned in paragraph (a), (b) or (c);
or
(e) manages or controls an activity mentioned in paragraph (a), (b),
(c) or (d).
18 Meaning
of transport documentation
In this Act:
transport documentation means—
(a) any contractual documentation directly or indirectly associated
with—
(i) a transaction for the actual or proposed transport of goods or
passengers by road, or any previous transport of the goods or passengers by any
method; or
(ii) goods or passengers themselves as far as the documentation is
relevant to their actual or proposed transport; or
(b) any associated documentation—
(i) contemplated in the contractual documentation; or
(ii) required by law, or customarily given, in relation to the contractual
documentation or with the transaction.
Note Transport documentation may be recorded, produced, given, etc
in electronic form (see Electronic Transactions Act 2001).
Examples—transport
documentation
any of the following if it relates to the goods or passengers
• an invoice
• a vendor declaration
• a delivery order
• a consignment note
• a load manifest
• an export receival advice
• a bill of lading
• a contract of carriage
• a sea carriage document
• a container weight declaration
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
19 Meaning
of journey documentation
(1) In this Act:
journey documentation means documentation
that—
(a) is not transport documentation; and
(b) is directly or indirectly associated with—
(i) the actual or proposed physical transport of goods or passengers by
road, or any previous transport of the goods or passengers by any method;
or
(ii) goods or passengers themselves as far as the documentation is
relevant to their actual or proposed physical transport.
(2) To avoid any doubt, it does not matter whether the documentation
relates to a particular journey or to journeys generally.
Note Journey documentation may be recorded, produced, given, etc in
electronic form (see Electronic Transactions Act 2001).
Examples—journey
documentation
1 records kept, used or obtained by a responsible person for a heavy
vehicle or heavy combination in relation to the transport of goods or passengers
in the vehicle or combination
2 workshop, maintenance and repair records relating to a vehicle or
combination used, or claimed to be used, for the transport of the goods or
passengers
3 a subcontractor’s payment advice relating to the goods or
passengers or the transport of the goods or passengers
4 records kept, used or obtained by the driver of the vehicle or
combination used, or claimed to be used, for the transport of the goods or
passengers, including, for example, a driver’s run sheet, a log book
entry, a fuel docket or receipt, a food receipt, a tollway receipt, pay records
and mobile or other phone records
5 information reported through the use of an intelligent transport
system
6 driver manuals and instruction sheets
7 advice in any form from check weighing performed before, during or after
a journey
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
Part
1.3 Authorised
people
Note Authorised people are appointed and issued with identity cards
under the Road Transport (General) Act 1999, s 19 and
s 20.
20 Reciprocal
powers agreements
(1) This section has effect in relation to another jurisdiction if the
corresponding law of the other jurisdiction contains provisions corresponding to
this section.
(2) The Minister may enter into an agreement (a reciprocal powers
agreement) with a Minister of the other jurisdiction—
(a) for section 21; and
(b) to amend or revoke the agreement.
(3) A reciprocal powers agreement is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
21 Reciprocal
powers agreements—functions
(1) To the extent anticipated by a reciprocal powers agreement with
another jurisdiction—
(a) ACT authorised people and ACT police officers may, in the ACT or the
other jurisdiction, exercise functions given respectively to authorised people
(however described) or police officers of the other jurisdiction under the
corresponding law of the other jurisdiction; and
(b) authorised people (however described) and police officers of the other
jurisdiction may, in the ACT or the other jurisdiction, exercise functions given
respectively to authorised people and police officers under this Act.
(2) Anything done or omitted to be done by an ACT police officer or an ACT
authorised person under subsection (1) (a) is taken to have been done
under this Act as well as under the corresponding law.
(3) A regulation may make provision for the exercise of functions under
this section.
(4) Nothing in this section affects the road transport authority’s
power under the Road Transport (General) Act 1999, section 19
(Authorised persons) to appoint an authorised person (however described) under a
law of another jurisdiction as an authorised person for this Act.
22 Road
transport authority may designate other jurisdiction card as identity
card
(1) The road transport authority may designate a card issued to an
authorised person under a corresponding heavy vehicle road law by a
corresponding road transport authority as an identity card for this
Act.
Note 1 A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
Note 2 Identity cards for this Act are issued under the Road
Transport (General) Act 1999, s 20.
(2) However, the road transport authority must not designate an authorised
person’s card under subsection (1) unless the card—
(a) identifies the person as an authorised person (however described)
under a corresponding heavy vehicle road law; and
(b) shows the things mentioned in the Road Transport (General) Act
1999, section 20 (1) (a) and (b) (Identity cards).
(3) The designation of a card is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
(4) To remove any doubt, a designated card for an authorised person is
taken to be an identity card for the Road Transport (General)
Act 1999, section 21 (Power not to be exercised before identity
card shown) in relation to an exercise of a power under this Act.
23 Road
transport authority may exercise functions of police officers and authorised
people
(1) The road transport authority may exercise any function given under a
heavy vehicle road law to a police officer or authorised person, other than a
function that requires the physical presence of a police officer or authorised
person.
Note Function includes authority, duty or power (see
Legislation Act, dict).
(2) To remove any doubt, in this Act (except this part) references to a
police officer or authorised person include
references to the road transport authority.
Chapter
2 Mass, dimensions and loading
requirements for vehicles
Part
2.1 Definitions—ch
2
In this chapter:
dimension requirement—see section 102.
formal warning—see section 200.
loading requirement—see section 103.
lower limit, for a breach of a mass, dimension or loading
requirement, means a lower limit under subdivision 2.2.2.2 (Lower limits for
breaches).
mass requirement—see section 101.
minor risk breach, of a mass, dimension or loading
requirement—see section 109.
prohibition order—see section 210.
severe risk breach, of a mass, dimension or loading
requirement—see section 111.
substantial risk breach, of a mass, dimension or loading
requirement—see section 110.
supervisory intervention order—see
section 206.
101 Meaning
of mass requirement—ch 2
(1) In this chapter:
mass requirement—
(a) means a requirement of an Australian heavy vehicle road law that
relates to the mass of a vehicle or combination or the mass of, or on any
component of, a vehicle or combination; and
(b) includes a defined requirement.
(2) For this section, each of the following is a defined
requirement:
(a) a requirement of an Australian heavy vehicle road law about mass
limits relating to—
(i) the tare mass of a vehicle or combination; or
(ii) the gross vehicle mass of a vehicle or combination; or
(iii) the mass of the load in a vehicle or combination; or
(iv) the mass on a tyre, an axle or an axle group of the vehicle or
combination;
(b) a requirement of an Australian heavy vehicle road law about mass
limits relating to axle spacing;
(c) mass limits set out on signs erected or displayed under an Australian
heavy vehicle road law.
Example—sign displayed under
Australian heavy vehicle road law
a sign-posted bridge limit
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(3) In this section:
tare mass, for a motor vehicle—see the Road
Transport (Vehicle Registration) Regulation 2000, dictionary.
102 Meaning
of dimension requirement—ch 2
In this chapter:
dimension requirement means a requirement of an Australian
heavy vehicle road law that relates to the dimensions of—
(a) a vehicle or combination; or
(b) a load; or
(c) a component of a vehicle or combination.
Examples
1 the dimensions of a vehicle or combination, disregarding its load (if
any)
2 the dimensions of a vehicle or combination including its load
3 the dimensions of the load in a vehicle or combination
4 the internal measurements of a vehicle or combination, including, for
example, the distance between—
(a) components of a vehicle or combination; or
(b) vehicles in a combination; or
(c) a vehicle in a combination and a component of another vehicle in the
combination
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
103 Meaning
of loading requirement—ch 2
In this chapter:
loading requirement means a requirement of an Australian
heavy vehicle road law that relates to the restraint or positioning of a load,
or any part of a load, on a vehicle or combination.
Part
2.2 Mass, dimensions and loading
requirements for heavy vehicles and heavy combinations
Division
2.2.1 Preliminary
104 Purpose
and operation—pt 2.2
(1) The main purpose of this part is to make provision for compliance
with, and enforcement of, Australian heavy vehicle road laws in circumstances in
which a load is, or may be, a factor in a breach or suspected breach of a mass,
dimension or loading requirement.
(2) This part does not limit the operation of other provisions of this
Act, or any other road transport legislation, in relation to a breach or
suspected breach of a mass, dimension or loading requirement.
Note A laden heavy vehicle or heavy combination could also be
subject to other compliance and enforcement provisions under the road transport
legislation because the vehicle or combination might fail to comply with
legislative provisions about mass or dimensions even if the load is
disregarded.
105 Meaning
of imminent loss or shifting of load—pt 2.2
For this part:
imminent—the loss or shifting of a load in a vehicle or
combination is imminent if it is likely to happen during the
journey being, or about to be, undertaken by which the load is being, or is to
be, transported, having regard to—
(a) the nature and condition of the vehicle or combination; and
(b) the nature, condition, placement and securing of the load;
and
(c) the length of the journey; and
(d) the nature and condition of the route of the journey; and
(e) any other relevant factor.
106 Deciding
whether breach involves appreciable risk of harm
For this part, in deciding whether a breach of a mass, dimension or loading
requirement involves an appreciable risk of harm to public safety, the
environment, road infrastructure or public amenity, regard must be had
to—
(a) the nature and severity of the breach; and
(b) the consequences or likely consequences of the breach; and
(c) any other relevant factor.
107 Movement
of people not shifting or loss of load
For this part, the disembarkation of people from, or the movement of people
on, a vehicle or combination does not constitute a loss or shifting of the load
of the vehicle or combination.
Division
2.2.2 Categorisation of
breaches
Subdivision
2.2.2.1 Categories of breaches
For this Act, breaches of mass, dimension or loading requirements are
categorised as follows:
(a) minor risk breaches;
(b) substantial risk breaches;
(c) severe risk breaches.
109 Meaning
of minor risk breach—ch 2
(1) In this chapter:
minor risk breach, of a mass, dimension or loading
requirement means any of the following:
(a) a minor risk breach—mass requirement;
(b) a minor risk breach—dimension requirement;
(c) a minor risk breach—loading requirement.
(2) In this section:
minor risk breach—dimension
requirement—
(a) means a breach of a dimension requirement if the subject matter of the
breach is smaller than the lower limit for a substantial risk breach of the
dimension requirement; and
(b) includes a breach that is taken to be a minor risk breach under
section 121 (Requirement breaches relating to dangerous
projections—categorisation).
Note 1 The lower limit for a substantial risk breach of a dimension
requirement is dealt with in s 113, s 114, s 115 and
s 116.
Note 2 However, in some circumstances a minor risk breach is taken
to be a substantial risk breach (see s 117, s 118 and
s 119).
Note 3 A breach of an Australian heavy vehicle road law about a load
projecting dangerously may also be a minor risk breach of a dimension
requirement (see s 121).
minor risk breach—loading requirement, for a load,
means a breach of a loading requirement if loss or shifting of the
load—
(a) has not happened and is not imminent; and
(b) would not involve (if it were to happen) an appreciable risk of harm
to public safety, the environment, road infrastructure or public
amenity.
Note 1 For whether the loss or shifting of the load in a vehicle or
combination is imminent—see s 105.
Note 2 Whether a breach of a mass, dimension or loading requirement
involves an appreciable risk of harm is dealt with in s 106.
minor risk breach—mass requirement means a breach of a
mass requirement if the subject matter of the breach has less mass than the
lower limit for a substantial risk breach of the mass requirement.
Note The lower limit for a substantial risk breach of a mass
requirement is dealt with in s 112.
110 Meaning
of substantial risk breach—ch 2
(1) In this chapter:
substantial risk breach, of a mass, dimension
or loading requirement means any of the following:
(a) a substantial risk breach—mass requirement;
(b) a substantial risk breach—dimension requirement;
(c) a substantial risk breach—loading requirement.
(2) In this section:
substantial risk breach—dimension
requirement—
(a) means a breach of a dimension requirement if the subject matter of the
breach—
(i) is equal to or larger than the lower limit for a substantial risk
breach of the dimension requirement; and
(ii) is smaller than the lower limit for a severe risk breach of the
dimension requirement; and
(b) includes a breach that is taken to be a substantial risk breach under
section 121 (Requirement breaches relating to dangerous
projections—categorisation).
Note 1 The lower limit for a substantial risk breach, and a severe
risk breach, of a dimension requirement is dealt with in s 113, s 114,
s 115 and s 116.
Note 2 However, in some circumstances a substantial risk breach is
taken to be a severe risk breach (see s 117, s 118 and
s 119).
Note 3 A breach of an Australian heavy vehicle road law about a load
projecting dangerously may also be a substantial risk breach of a dimension
requirement (see s 121).
substantial risk breach—loading requirement, for a
load, means a breach of a loading requirement if—
(a) loss or shifting of the load—
(i) has already happened or is imminent; but
(ii) does not involve an appreciable risk of harm to public safety, the
environment, road infrastructure or public amenity; or
(b) loss or shifting of the load—
(i) has not happened and is not imminent; but
(ii) would involve (if it were to happen) an appreciable risk of harm to
public safety, the environment, road infrastructure or public amenity.
Note 1 For whether the loss or shifting of the load in a vehicle or
combination is imminent—see s 105.
Note 2 Whether a breach of a mass, dimension or loading requirement
involves an appreciable risk of harm is dealt with in s 106.
substantial risk breach—mass requirement means a breach
of a mass requirement if the subject matter of the breach has a
mass—
(a) equal to or more than the lower limit for a substantial risk breach of
the mass requirement; and
(b) less than the lower limit for a severe risk breach of the mass
requirement.
Note The lower limit for a substantial risk breach of a mass
requirement is dealt with in s 112 (1). The lower limit for a severe
risk breach of a mass requirement is dealt with in
s 112 (2).
111 Meaning
of severe risk breach—ch 2
(1) In this chapter:
severe risk breach, of a mass, dimension or
loading requirement means any of the following:
(a) a severe risk breach—mass requirement;
(b) a severe risk breach—dimension requirement;
(c) a severe risk breach—loading requirement.
(2) In this section:
severe risk breach—dimension requirement means a breach
of a dimension requirement if the subject matter of the breach is equal to or
larger than the lower limit for a severe risk breach of the dimension
requirement.
Note The lower limit for a severe risk breach of a dimension
requirement is dealt with in s 113, s 114, s 115 and
s 116.
severe risk breach—loading requirement, for a load,
means a breach of a loading requirement if loss or shifting of the
load—
(a) has already happened or is imminent; and
(b) involves an appreciable risk of harm to public safety, the
environment, road infrastructure or public amenity.
Note 1 For whether the loss or shifting of the load in a vehicle or
combination is imminent—see s 105.
Note 2 Whether a breach of a mass, dimension or loading requirement
involves an appreciable risk of harm is dealt with in s 106.
severe risk breach—mass requirement means a breach of a
mass requirement if the subject matter of the breach has a mass equal to or more
than the lower limit for a severe risk breach of the mass requirement.
Note The lower limit for a severe risk breach of a mass requirement
is dealt with in s 112 (2).
Subdivision
2.2.2.2 Lower limits for
breaches
112 Lower
limits—breach of mass requirements
(1) The lower limit for a substantial risk breach of a mass requirement
is—
(a) for a mass requirement that relates to the gross mass of a heavy
vehicle or heavy combination—the greater of the following:
(i) 105% of the maximum permissible mass under the mass requirement,
rounded up to the nearest 0.1t;
(ii) 0.5t; or
(b) in any other case—105% of the maximum permissible mass under the
mass requirement, rounded up to the nearest 0.1t.
Note 105% of the maximum permissible mass is equivalent to the
permissible mass plus an extra 5%.
(2) The lower limit for a severe risk breach of a mass requirement is 120%
of the maximum permissible mass under the mass requirement, rounded up to the
nearest 0.1t.
Note 120% of the maximum permissible mass is equivalent to the
permissible mass plus an extra 20%.
(3) In this section:
legislatively specified mass limit means a mass limit in a
heavy vehicle road law or another territory law.
mass requirement means a mass requirement for a heavy vehicle
or heavy combination, or any component of a heavy vehicle or heavy combination,
or any load in a heavy vehicle or heavy combination, that is imposed by
reference to—
(a) a legislatively specified mass limit; or
(b) a manufacturer’s mass rating; or
(c) the lower of—
(i) a legislatively specified mass limit; and
(ii) a manufacturer’s mass rating.
Note A regulation may prescribe a lower limit that is higher
(see s 120).
113 Lower
limits—breach of dimension requirements—load
projection
(1) The lower limit for a substantial risk breach of a projection
requirement is 40mm over the maximum permissible dimension limit under the
projection requirement.
Note A regulation may prescribe a lower limit that is higher
(see s 120).
(2) The lower limit for a severe risk breach of a projection requirement
is 80mm over the maximum permissible dimension limit under the projection
requirement.
Note A regulation may prescribe a lower limit that is higher
(see s 120).
(3) Nothing in this section affects a person’s liability for a
breach of an overall width requirement under section 0.
(4) In this section:
projection requirement means a dimension requirement imposed
by reference to the length of a projection of a load from either side of a heavy
vehicle or heavy combination.
Example
a dimension requirement that a load in a heavy vehicle must not project
more than 150mm from the outermost part of either side of the heavy
vehicle
Note 1 In some circumstances a minor risk breach is taken to be a
substantial risk breach and a substantial risk breach is taken to be a severe
risk breach (see s 117 and s 119).
Note 2 An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
114 Lower
limits—breach of dimension requirements—overall
width
(1) The lower limit for a substantial risk breach of an overall width
requirement is 40mm measured from a side of the heavy vehicle or heavy
combination.
Note A regulation may prescribe a lower limit that is higher
(see s 120).
(2) The lower limit for a severe risk breach of an overall width
requirement is 80mm measured from a side of the heavy vehicle or heavy
combination.
Note A regulation may prescribe a lower limit that is higher
(see s 120).
(3) A breach of an overall width requirement is categorised by reference
to the length of the projection of the load from a side of the heavy vehicle or
heavy combination.
Example
A load projects 50mm from the side of a heavy combination, so the 50mm is
used to determine that, under s (3), the breach is a substantial risk
breach.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(4) If the load projects from both sides and the length of the projection
from 1 side is more than the length of the projection from the other side, the
breach must be categorised by reference to the longer projection.
(5) Nothing in this section affects a person’s liability for a
breach of a projection requirement under section 113.
(6) In this section:
overall width requirement means a dimension requirement
imposed by reference to the overall width of a heavy vehicle, or heavy
combination, together with its load if the load is a factor in working out the
overall width.
Example
a dimension requirement that a heavy vehicle (and its load) must not be
over 2.5m wide
Note In some circumstances a minor risk breach is taken to be a
substantial risk breach and a substantial risk breach is taken to be a severe
risk breach (see s 117 and s 119).
115 Lower
limits—breach of dimension requirements—height
(1) The lower limit for a substantial risk breach of a height requirement
is 150mm over the maximum permissible height limit under the height
requirement.
Note A regulation may prescribe a lower limit that is higher
(see s 120).
(2) The lower limit for a severe risk breach of a height requirement is
300mm over the maximum permissible height limit under the height
requirement.
Note A regulation may prescribe a lower limit that is higher
(see s 120).
(3) In this section:
height requirement means a dimension requirement imposed by
reference to the overall height of a heavy vehicle, or heavy combination,
together with a load, if the load is a factor in working out the overall
height.
Note In some circumstances a minor risk breach is taken to be a
substantial risk breach and a substantial risk breach is taken to be a severe
risk breach (see s 119).
116 Lower
limits—breach of dimension requirements—length
(1) The lower limit for a substantial risk breach of a length requirement
is 0.35m over the maximum permissible dimension limit under the length
requirement.
(2) The lower limit for a severe risk breach of a length requirement is
0.6m over the maximum permissible dimension limit under the length
requirement.
(3) In this section:
length requirement means a dimension requirement imposed by
reference to the overall length of a heavy vehicle, or heavy combination,
together with its load if the load is a factor in working out the overall
length.
Note 1 In some circumstances a minor risk breach is taken to be a
substantial risk breach and a substantial risk breach is taken to be a severe
risk breach (see s 118 and s 119).
Note 2 A regulation may prescribe a lower limit that is higher
(see s 120).
Subdivision
2.2.2.3 Some breaches taken to be higher category breaches
117 Lower
limits—some width breaches higher category breaches
(1) This section applies to a breach of a dimension requirement to which
section 113 or section 114 applies, if—
(a) the breach is committed—
(i) at night; or
(ii) in hazardous weather conditions that cause reduced visibility;
or
(iii) on a declared route or in a declared zone; and
(b) the breach would be a minor risk breach or substantial risk breach
because of lower limits applicable under section 113 or
section 114.
(2) A breach that would, apart from this section, be a minor risk breach
is taken to be a substantial risk breach.
(3) A breach that would, apart from this section, be a substantial risk
breach is taken to be a severe risk breach.
(4) In this section:
declared route means a road or road related area, or part of
a road or road related area, declared under section 215 to be a declared
route.
declared zone means an area declared under section 215
to be a declared zone.
118 Lower
limits—some length breaches higher category breaches
(1) This section applies to a breach, by a heavy vehicle or heavy
combination, of a dimension requirement to which section 116 (Lower
limits—breach of dimension requirements—length) applies,
if—
(a) the rear of the load in the vehicle or combination fails to carry a
warning signal required under the dimension requirement; and
(b) the breach would be a minor risk breach or substantial risk breach
because of lower limits applicable under section 116.
(2) A breach that would, apart from this section, be a minor risk breach
is taken to be a substantial risk breach.
(3) A breach that would, apart from this section, be a substantial risk
breach is taken to be a severe risk breach.
119 Lower
limits—some dimension breaches higher category
breaches
(1) This section applies to a breach, by a heavy vehicle or heavy
combination, of a dimension requirement to which section 113,
section 114, section 115 or section 116 applies,
if—
(a) the load in the vehicle or combination projects from the vehicle or
combination in a way that is dangerous to people or property; and
(b) the breach would be a minor risk breach or substantial risk breach
because of lower limits applicable under section 113, section 114,
section 115 or section 116.
(2) A breach that would, apart from this section, be a minor risk breach
is taken to be a substantial risk breach.
(3) A breach that would, apart from this section, be a substantial risk
breach is taken to be a severe risk breach.
Subdivision
2.2.2.4 Miscellaneous
120 Regulation
may increase lower limits
(1) A regulation may prescribe a different lower limit, or a different
method of calculating a lower limit, for a substantial risk breach, or severe
risk breach, of a mass, dimension or loading requirement to which a provision of
subdivision 2.2.2.2 (Lower limits for breaches) applies.
(2) However, the regulation must not prescribe a limit that is lower than
the limit provided by the relevant provision of subdivision 2.2.2.2.
Note A power to make a statutory instrument includes power to make
different provision in relation to different matters or different classes of
matters (see Legislation Act, s 48.)
121 Requirement
breaches relating to dangerous
projections—categorisation
(1) This section applies to a breach of a requirement of an Australian
heavy vehicle road law—
(a) to the effect that a load in a heavy vehicle or heavy combination must
not project in a way that is dangerous to a person or property, even if all
dimension, warning and other requirements are met; and
(b) that is not, apart from this section, a mass, dimension or loading
requirement.
(2) For this Act, a breach to which this section applies is taken to
be—
(a) a breach of a dimension requirement; and
(b) a minor risk breach of the requirement, unless subsection (3)
applies.
(3) For this Act, a breach to which this section applies is taken to be a
substantial risk breach if the breach is committed—
(a) at night; or
(b) in hazardous weather conditions that cause reduced
visibility.
Division
2.2.3 Enforcement
powers
Note 1 Further enforcement powers are in ch 3.
Note 2 The enforcement powers under this division vary according to
the risk category involved. The main features are as follows:
(a) Minor risk breaches
A police officer or authorised person may authorise the driver to continue
the journey (conditionally or unconditionally), but in particular circumstances
the officer or person may direct the driver to rectify the breach before
proceeding or to move the heavy vehicle or heavy combination to a suitable
location (within a limited distance) and not proceed until the breach is
rectified.
(b) Substantial risk breaches
A police officer or authorised person must direct the driver not to proceed
until the breach is rectified, but in particular circumstances (or acting under
particular RTA instructions) the officer or person may direct the driver to move
the heavy vehicle or heavy combination to the nearest suitable location and not
proceed until the breach is rectified.
(c) Severe risk breaches
A police officer or authorised person must direct the driver not to proceed
until the breach is rectified, but in particular circumstances (or acting under
particular RTA instructions) the officer or person may direct the driver to move
the heavy vehicle or heavy combination to the nearest safe location and not
proceed until the breach is rectified.
A direction may instead be given to the operator of the heavy vehicle or
heavy combination, who is required to ensure that the direction is carried
out.
Subdivision
2.2.3.1 Application and definitions
122 Application—div
2.2.3
This division applies to a heavy vehicle or heavy combination whether or
not the vehicle or combination is, has been, or becomes, the subject of a
direction under part 3.1 (Investigation powers).
123 Definitions—div
2.2.3
In this division:
particular RTA instructions, authorising or requiring the
moving of a heavy vehicle or heavy combination, means specific instructions or
standing instructions given by the road transport authority (orally, in writing,
or in any other way) authorising or requiring the moving of the heavy vehicle or
heavy combination in the stated circumstances.
Note Instructions may be given in electronic form (see Electronic
Transactions Act 2001).
suitable location, for a police officer or authorised person
giving a direction, means a location that the officer or person believes on
reasonable grounds is suitable for complying with the direction, having regard
to any matter the officer or person considers relevant in the
circumstances.
Subdivision
2.2.3.2 Minor risk breaches
124 Minor
risk breaches—authorisation and directions
(1) This section applies if a police officer or authorised person believes
on reasonable grounds that a heavy vehicle or heavy combination—
(a) is the subject of a minor risk breach of a mass, dimension or loading
requirement; and
(b) is not the subject of a substantial risk breach, or severe risk
breach, of the requirements.
(2) The police officer or authorised person must give a driver or operator
of the heavy vehicle or heavy combination either—
(a) an authorisation to proceed under section 125; or
(b) if the officer or person has the belief mentioned in
subsection (3)—a direction to stop and rectify the breach under
section 126; or
(c) if the officer or person has the belief mentioned in
subsection (4)—a direction to move and rectify the breach under
section 127.
(3) The police officer or authorised person may give a direction under
section 125 if the officer or person believes on reasonable grounds that
circumstances exist that justify the giving of a direction under the
section.
(4) The police officer or authorised person may give a direction under
section 126 if the officer or person believes on reasonable grounds
that—
(a) circumstances exist that justify the giving of a direction under the
section; and
(b) the heavy vehicle or heavy combination should be moved to another
location.
(5) Without limiting subsection (3) or (4), circumstances that
justify the giving of a direction exist if—
(a) rectification is reasonable and can be carried out easily;
or
(b) rectification is necessary in the public interest to avoid potential
risk of harm to public safety, the environment, road infrastructure or public
amenity.
125 Minor
risk breaches—authorisation to proceed
(1) This section applies if, under section 124, a police officer or
authorised person may give an authorisation under this section.
(2) The police officer or authorised person may give the driver of the
heavy vehicle or heavy combination an authorisation to continue the journey
under section 137 (Authorisation to continue journey if minor risk
breach).
Note Section 136 allows the police officer or authorised person
to allow the heavy vehicle or heavy combination to continue its journey
(conditionally or unconditionally) if only minor risk breaches exist and no
direction to rectify the breaches has been given or remains in force.
126 Minor
risk breaches—directions to stop and rectify
(1) This section applies if, under section 124, a police officer or
authorised person may give a direction under this section.
(2) The police officer or authorised person may direct the driver or
operator of the heavy vehicle or heavy combination not to proceed until stated
breaches of mass, dimension or loading requirements are rectified.
(3) A direction may be conditional.
127 Minor
risk breaches—directions to move and rectify
(1) This section applies if, under section 124, a police officer or
authorised person may give a direction under this section.
(2) The police officer or authorised person may direct the driver or
operator of the heavy vehicle or heavy combination to move the vehicle or
combination, or cause the vehicle or combination to be moved, to a stated
suitable location that is within the maximum distance, and not to proceed from
there until stated breaches of mass, dimension or loading requirements are
rectified.
Note Suitable location, for a police officer or authorised
person giving a direction—see s 123.
(3) A direction may be conditional.
(4) In this section:
maximum distance means a distance (in any direction) within a
radius of 30km of—
(a) the location of the vehicle or combination when the direction is
given; or
(b) any point along the forward route of the journey, if the direction is
given during the journey of the vehicle or combination.
128 Offence—minor
risk breaches—fail to comply with directions
(1) A person commits an offence if the person—
(a) is subject to a direction under section 126 or section 127;
and
(b) fails to comply with the direction (including a condition of the
direction).
Maximum penalty: 50 penalty units.
Note The registered operator may be taken to have committed this
offence if the registered operator does not give the road transport authority
the name of the operator of the vehicle or combination
(see s 403).
(2) An offence against this section is a strict liability
offence.
Subdivision
2.2.3.3 Substantial risk breaches
129 Substantial
risk breaches—directions
(1) This section applies if a police officer or authorised person believes
on reasonable grounds that a heavy vehicle or heavy combination—
(a) is the subject of a substantial risk breach of a mass, dimension or
loading requirement; and
(b) is not the subject of a severe risk breach of a mass, dimension or
loading requirement.
(2) The police officer or authorised person must give the driver or
operator of the heavy vehicle or heavy combination either—
(a) a direction to stop and rectify the breach under section 130;
or
(b) if the officer or person has the belief mentioned in
subsection (3)—a direction to move and rectify the breach under
section 130 (3).
(3) The police officer or authorised person must give a direction under
section 130 (3) if the officer or person believes on reasonable grounds
that—
(a) circumstances exist that justify the moving of the heavy vehicle or
heavy combination to another location; or
(b) particular RTA instructions have been given authorising or requiring
the moving of the heavy vehicle or heavy combination to another
location.
Note Particular RTA instructions, authorising or requiring
the moving of a heavy vehicle or heavy
combination—see s 123.
(4) Without limiting subsection (3), circumstances that justify the
moving of a heavy vehicle or heavy combination exist if moving the heavy vehicle
or heavy combination is necessary in the public interest to avoid potential risk
of harm to public safety, the environment, road infrastructure or public
amenity.
130 Substantial
risk breaches—directions to stop and rectify
(1) This section applies if, under section 129, a police officer or
authorised person must give a direction under this section.
(2) The police officer or authorised person must direct the driver or
operator of the heavy vehicle or heavy combination not to proceed until stated
breaches of mass, dimension or loading requirements are rectified.
(3) A direction may be conditional.
131 Substantial
risk breaches—directions to move and rectify
(1) This section applies if, under section 129, a police officer or
authorised person must give a direction under this section.
(2) The police officer or authorised person must direct the driver or
operator of the heavy vehicle or heavy combination to move the vehicle or
combination, or cause the vehicle or combination to be moved, to the stated
nearest suitable location, and not to proceed from there until stated breaches
of mass, dimension or loading requirements are rectified.
Note Suitable location, for a police officer or authorised
person giving a direction—see s 123.
(3) To avoid any doubt, nothing in this section prevents the following
places from being the nearest suitable location for this section:
(a) the intended destination of the journey;
(b) the depot of the heavy vehicle or of a heavy vehicle in the heavy
combination.
(4) A direction may be conditional.
132 Offence—substantial
risk breaches—fail to comply with directions
(1) A person commits an offence if the person—
(a) is subject to a direction under section 130 or section 131;
and
(b) fails to comply with the direction (including a condition of the
direction).
Maximum penalty: 50 penalty units.
Note The registered operator may be taken to have committed this
offence if the registered operator does not give the road transport authority
the name of the operator of the vehicle or combination
(see s 403).
(2) An offence against this section is a strict liability
offence.
Subdivision
2.2.3.4 Severe risk breaches
133 Severe
risk breaches—directions
(1) This section applies if a police officer or authorised person believes
on reasonable grounds that a heavy vehicle or heavy combination is the subject
of a severe risk breach of a mass, dimension or loading requirement.
(2) The police officer or authorised person must give the driver or
operator of the heavy vehicle or heavy combination either—
(a) a direction to stop and rectify the breach under section 134;
or
(b) if the officer or person has the belief mentioned in
subsection (3)—a direction to move and rectify the breach under
section 135.
(3) The police officer or authorised person must give a direction under
section 134 if the officer or person believes on reasonable grounds
that—
(a) circumstances exist that justify the moving of the heavy vehicle or
heavy combination to another location; or
(b) particular RTA instructions have been given authorising or requiring
the moving of the heavy vehicle or heavy combination to another
location.
Note Particular RTA instructions, authorising or requiring
the moving of a heavy vehicle or heavy
combination—see s 123.
(4) However, circumstances that justify the moving of a heavy vehicle or
heavy combination exist only if there is—
(a) an appreciable risk of harm to public safety, the environment, road
infrastructure or public amenity; or
(b) a risk to the welfare of people or live animals in the vehicle or
combination.
(5) For this section, risk of harm to public safety does not
(subject to subsection (6)) include risk of harm to the safety of the heavy
vehicle or heavy combination or any load in the vehicle or combination, but does
include risk of harm to the safety of people or live animals in the vehicle or
combination.
(6) However, subsection (5) does not prevent the police officer or
authorised person from taking into account the safety of the vehicle or
combination, or any load in the vehicle or combination, if the officer or person
believes on reasonable grounds he or she can do so without prejudicing the
safety of other property or of people, the environment, road infrastructure or
public amenity.
134 Severe
risk breaches—directions to stop and rectify
(1) This section applies if, under section 133, a police officer or
authorised person must give a direction under this section.
(2) The police officer or authorised person must direct the driver or
operator of the heavy vehicle or heavy combination not to proceed until stated
breaches of mass, dimension or loading requirements are rectified.
(3) A direction may be conditional.
135 Severe
risk breaches—directions to move and rectify
(1) This section applies if, under section 133, a police officer or
authorised person must give a direction under this section.
(2) The police officer or authorised person must direct the driver or
operator of the heavy vehicle or heavy combination to move the vehicle or
combination, or cause the vehicle or combination to be moved, to the stated
nearest safe location, and not to proceed from there until stated breaches of
mass, dimension or loading requirements are rectified.
(3) A direction may be conditional.
(4) In this section:
safe location means a location that the police officer or
authorised person believes on reasonable grounds poses a reduced risk or no
appreciable risk of harm to public safety, the environment, road infrastructure
or public amenity.
136 Offence—severe
risk breaches—fail to comply with directions
(1) A person commits an offence if the person—
(a) is subject to a direction under section 134 or section 135;
and
(b) fails to comply with the direction (including a condition of the
direction).
Maximum penalty: 50 penalty units.
Note The registered operator may be taken to have committed this
offence if the registered operator does not give the road transport authority
the name of the operator of the vehicle or combination
(see s 403).
(2) An offence against this section is a strict liability
offence.
Subdivision
2.2.3.5 Miscellaneous
137 Authorisation
to continue journey if minor risk breach
(1) This section applies to a heavy vehicle or heavy combination if a
police officer or authorised person believes on reasonable grounds
that—
(a) the heavy vehicle or heavy combination—
(i) is the subject of a minor risk breach of a mass, dimension or loading
requirement; and
(ii) is not, or is no longer, the subject of a substantial risk breach, or
a severe risk breach, of a mass, dimension or loading requirement; and
(b) the driver is not, or is no longer, the subject of a direction for the
rectification of a minor risk breach.
(2) The police officer or authorised person may give the driver of the
heavy vehicle or heavy combination an authorisation to continue the
journey.
(3) An authorisation may be conditional.
138 Offence—fail
to comply with authorisation to continue journey
(1) A person commits an offence if—
(a) the person is given an authorisation under section 137;
and
(b) the authorisation is subject to a condition; and
(c) the person fails to comply with the condition.
Maximum penalty: 50 penalty units.
Note The registered operator may be taken to have committed this
offence if the registered operator does not give the road transport authority
the name of the operator of the vehicle or combination
(see s 403).
(2) An offence against this section is a strict liability
offence.
139 Operation
of directions for combinations
(1) This section applies if a direction is given under this division in
relation to a heavy combination.
(2) Subject to subsection (3), nothing in this division prevents a
component heavy vehicle of the heavy combination from being separately driven or
moved if—
(a) the component heavy vehicle is not itself the subject of a breach of a
mass, dimension or loading requirement; and
(b) it is not otherwise unlawful for the component heavy vehicle to be
driven or moved.
(3) Subsection (2) does not apply if a condition of the direction
prevents the component heavy vehicle from being separately driven or
moved.
(4) In this section:
component heavy vehicle, of a heavy combination, means a
towing heavy vehicle or trailer of the heavy combination.
140 Directions
and authorisations to be in writing
A direction or authorisation under this division must be in writing
unless—
(a) for a direction to move a heavy vehicle or heavy combination—the
moving is carried out in the presence of, or under the supervision of, a police
officer or authorised person; or
(b) a regulation prescribes otherwise.
Division
2.2.4 Liability for breaches of mass,
dimensions and loading requirements
Subdivision
2.2.4.1 Liability of consignors
Note Consignor, of goods—see s 13.
141 Offence—liability
of consignors—minor and substantial mass breaches
(1) A person commits an offence if—
(a) the person is the consignor of any goods that are in a heavy vehicle
or heavy combination; and
(b) a minor risk breach of a mass requirement for the vehicle or
combination happens.
Maximum penalty: 20 penalty units.
(2) A person commits an offence if—
(a) the person is the consignor of any goods that are in a heavy vehicle
or heavy combination; and
(b) a substantial risk breach of a mass requirement for the vehicle or
combination happens.
Maximum penalty: 40 penalty units.
(3) An offence against this section is a strict liability
offence.
(4) A defendant has the benefit of the reasonable steps exception for an
offence against this section.
Note For the reasonable steps exception, see s 185.
142 Offence—liability
of consignors—severe mass breaches
(1) A person commits an offence if—
(a) the person is the consignor of any goods that are in a heavy vehicle
or heavy combination; and
(b) a severe risk breach of a mass requirement for the vehicle or
combination happens; and
(c) the person intends the breach.
Maximum penalty: 200 penalty units, imprisonment for 6 months or
both.
(2) A person commits an offence if—
(a) the person is the consignor of any goods that are in a heavy vehicle
or heavy combination; and
(b) a severe risk breach of a mass requirement for the vehicle or
combination happens; and
(c) the person is reckless about the breach.
Maximum penalty: 150 penalty units, imprisonment for 6 months or
both.
(3) A person commits an offence if—
(a) the person is the consignor of any goods that are in a heavy vehicle
or heavy combination; and
(b) a severe risk breach of a mass requirement for the vehicle or
combination happens; and
(c) the person is negligent about the breach.
Maximum penalty: 100 penalty units.
143 Offence—liability
of consignors—weight exceeds marked weight
(1) A person commits offence if—
(a) the person is the consignor of any of the goods contained in a freight
container containing goods consigned for road transport; and
(b) the freight container is placed on a vehicle; and
(c) the weight of the freight container is more than the maximum gross
weight as marked on the container or the container’s safety approval
plate.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability
offence.
(3) A defendant has the benefit of the reasonable steps exception for an
offence against this section.
Note For the reasonable steps exception, see s 185.
144 Offence—liability
of consignors—minor and substantial dimension and loading
breaches
(1) A person commits an offence if—
(a) the person is the consignor of any goods that are in a heavy vehicle
or heavy combination; and
(b) a minor risk breach of a dimension or loading requirement for the
vehicle or combination happens.
Maximum penalty: 15 penalty units.
(2) A person commits an offence if—
(a) the person is the consignor of any goods that are in a heavy vehicle
or heavy combination; and
(b) a substantial risk breach of a dimension or loading requirement for
the vehicle or combination happens.
Maximum penalty: 30 penalty units.
(3) An offence against this section is a strict liability
offence.
(4) A defendant has the benefit of the reasonable steps exception for an
offence against this section.
Note For the reasonable steps exception, see s 185.
145 Offence—liability
of consignors—severe dimension and loading breaches
(1) A person commits an offence if—
(a) the person is the consignor of any goods that are in a heavy vehicle
or heavy combination; and
(b) a severe risk breach of a dimension or loading requirement for the
vehicle or combination happens; and
(c) the person intends the breach.
Maximum penalty: 200 penalty units, imprisonment for 6 months or
both.
(2) A person commits an offence if—
(a) the person is the consignor of any goods that are in a heavy vehicle
or heavy combination; and
(b) a severe risk breach of a dimension or loading requirement for the
vehicle or combination happens; and
(c) the person is reckless about the breach.
Maximum penalty: 150 penalty units, imprisonment for 6 months or
both.
(3) A person commits an offence if—
(a) the person is the consignor of any goods that are in a heavy vehicle
or heavy combination; and
(b) a severe risk breach of a dimension or loading requirement for the
vehicle or combination happens; and
(c) the person is negligent about the breach.
Maximum penalty: 100 penalty units.
Subdivision
2.2.4.2 Liability of packers
Note Packer, of goods for transport by
road—see s 16.
146 Offence—liability
of packers—minor and substantial mass breaches
(1) A person commits an offence if—
(a) the person is a packer of goods that are in a heavy vehicle or heavy
combination; and
(b) a minor risk breach of a mass requirement for the vehicle or
combination happens.
Maximum penalty: 20 penalty units.
(2) A person commits an offence if—
(a) the person is a packer of goods that are in a heavy vehicle or heavy
combination; and
(b) a substantial risk breach of a mass requirement for the vehicle or
combination happens.
Maximum penalty: 40 penalty units.
(3) An offence against this section is a strict liability
offence.
(4) A defendant has the benefit of the reasonable steps exception for an
offence against this section.
Note For the reasonable steps exception, see s 185.
147 Offence—liability
of packers—severe mass breaches
(1) A person commits an offence if—
(a) the person is a packer of goods that are in a heavy vehicle or heavy
combination; and
(b) a severe risk breach of a mass requirement for the vehicle or
combination happens; and
(c) the person intends the breach.
Maximum penalty: 200 penalty units, imprisonment for 6 months or
both.
(2) A person commits an offence if—
(a) the person is a packer of goods that are in a heavy vehicle or heavy
combination; and
(b) a severe risk breach of a mass requirement for the vehicle or
combination happens; and
(c) the person is reckless about the breach.
Maximum penalty: 150 penalty units, imprisonment for 6 months or
both.
(3) A person commits an offence if—
(a) the person is a packer of goods that are in a heavy vehicle or heavy
combination; and
(b) a severe risk breach of a mass requirement for the vehicle or
combination happens; and
(c) the person is negligent about the breach.
Maximum penalty: 100 penalty units.
148 Offence—liability
of packers—weight exceeds marked weight
(1) A person commits an offence if—
(a) the person is the packer of any of the goods contained in a freight
container containing goods consigned for road transport; and
(b) the freight container is placed on a vehicle; and
(c) the weight of the freight container is more than the maximum gross
weight as marked on the container or the container’s safety approval
plate.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability
offence.
(3) A defendant has the benefit of the reasonable steps exception for an
offence against this section.
Note For the reasonable steps exception, see s 185.
149 Offence—liability
of packers—minor and substantial dimensions and loading
breaches
(1) A person commits an offence if—
(a) the person is a packer of goods that are in a heavy vehicle or heavy
combination; and
(b) a minor risk breach of a dimension or loading requirement for the
vehicle or combination happens.
Maximum penalty: 15 penalty units.
(2) A person commits an offence if—
(a) the person is a packer of goods that are in a heavy vehicle or heavy
combination; and
(b) a substantial risk breach of a dimension or loading requirement for
the vehicle or combination happens.
Maximum penalty: 30 penalty units.
(3) An offence against this section is a strict liability
offence.
(4) A defendant has the benefit of the reasonable steps exception for an
offence against this section.
Note For the reasonable steps exception, see s 185.
150 Offence—liability
of packers—severe dimensions and loading breaches
(1) A person commits an offence if—
(a) the person is a packer of goods that are in a heavy vehicle or heavy
combination; and
(b) a severe risk breach of a dimension or loading requirement for the
vehicle or combination happens; and
(c) the person intends the breach.
Maximum penalty: 200 penalty units, imprisonment for 6 months or
both.
(2) A person commits an offence if—
(a) the person is a packer of goods that are in a heavy vehicle or heavy
combination; and
(b) a severe risk breach of a dimension or loading requirement for the
vehicle or combination happens; and
(c) the person is reckless about the breach.
Maximum penalty: 150 penalty units, imprisonment for 6 months or
both.
(3) A person commits an offence if—
(a) the person is a packer of goods that are in a heavy vehicle or heavy
combination; and
(b) a severe risk breach of a dimension or loading requirement for the
vehicle or combination happens; and
(c) the person is negligent about the breach.
Maximum penalty: 100 penalty units.
Subdivision
2.2.4.3 Liability of loaders
Note Loader, of goods—see s 17.
151 Offence—liability
of loaders—minor and substantial mass breaches
(1) A person commits an offence if—
(a) the person is a loader of any goods that are in a heavy vehicle or
heavy combination; and
(b) a minor risk breach of a mass requirement for the vehicle or
combination happens.
Maximum penalty: 20 penalty units.
(2) A person commits an offence if—
(a) the person is a loader of any goods that are in a heavy vehicle or
heavy combination; and
(b) a substantial risk breach of a mass requirement for the vehicle or
combination happens.
Maximum penalty: 40 penalty units.
(3) An offence against this section is a strict liability
offence.
(4) A defendant has the benefit of the reasonable steps exception for an
offence against this section.
Note For the reasonable steps exception, see s 185.
152 Offence—liability
of loaders—severe mass breaches
(1) A person commits an offence if—
(a) the person is a loader of any goods that are in a heavy vehicle or
heavy combination; and
(b) a severe risk breach of a mass requirement for the vehicle or
combination happens; and
(c) the person intends the breach.
Maximum penalty: 200 penalty units, imprisonment for 6 months or
both.
(2) A person commits an offence if—
(a) the person is a loader of any goods that are in a heavy vehicle or
heavy combination; and
(b) a severe risk breach of a mass requirement for the vehicle or
combination happens; and
(c) the person is reckless about the breach.
Maximum penalty: 150 penalty units, imprisonment for 6 months or
both.
(3) A person commits an offence if—
(a) the person is a loader of any goods that are in a heavy vehicle or
heavy combination; and
(b) a severe risk breach of a mass requirement for the vehicle or
combination happens; and
(c) the person is negligent about the breach.
Maximum penalty: 100 penalty units.
153 Offence—liability
of loaders—minor and substantial dimension and loading
breaches
(1) A person commits an offence if—
(a) the person is a loader of any goods that are in a heavy vehicle or
heavy combination; and
(b) a minor risk breach of a dimension or loading requirement for the
vehicle or combination happens.
Maximum penalty: 15 penalty units.
(2) A person commits an offence if—
(a) the person is a loader of any goods that are in a heavy vehicle or
heavy combination; and
(b) a substantial risk breach of a dimension or loading requirement for
the vehicle or combination happens.
Maximum penalty: 30 penalty units.
(3) An offence against this section is a strict liability
offence.
(4) A defendant has the benefit of the reasonable steps exception for an
offence against this section.
Note For the reasonable steps exception, see s 185.
154 Offence—liability
of loaders—severe dimension and loading breaches
(1) A person commits an offence if—
(a) the person is a loader of any goods that are in a heavy vehicle or
heavy combination; and
(b) a severe risk breach of a dimension or loading requirement for the
vehicle or combination happens; and
(c) the person intends the breach.
Maximum penalty: 200 penalty units, imprisonment for 6 months or
both.
(2) A person commits an offence if—
(a) the person is a loader of any goods that are in a heavy vehicle or
heavy combination; and
(b) a severe risk breach of a dimension or loading requirement for the
vehicle or combination happens; and
(c) the person is reckless about the breach.
Maximum penalty: 150 penalty units, imprisonment for 6 months or
both.
(3) A person commits an offence if—
(a) the person is a loader of any goods that are in a heavy vehicle or
heavy combination; and
(b) a severe risk breach of a dimension or loading requirement for the
vehicle or combination happens; and
(c) the person is negligent about the breach.
Maximum penalty: 100 penalty units.
Subdivision
2.2.4.4 Liability of operators
Note Operator, of a vehicle or
combination—see s 11.
155 Offence—liability
of operators—minor and substantial mass breaches
(1) A person commits an offence if—
(a) the person is the operator of a heavy vehicle or heavy combination;
and
(b) a minor risk breach of a mass requirement for the vehicle or
combination happens.
Maximum penalty: 20 penalty units.
Note The registered operator may be taken to have committed this
offence if the registered operator does not give the road transport authority
the name of the operator of the vehicle or combination
(see s 403).
(2) A person commits an offence if—
(a) the person is the operator of a heavy vehicle or heavy combination;
and
(b) a substantial risk breach of a mass requirement for the vehicle or
combination happens.
Maximum penalty: 40 penalty units.
Note The registered operator may be taken to have committed this
offence if the registered operator does not give the road transport authority
the name of the operator of the vehicle or combination
(see s 403).
(3) An offence against this section is a strict liability
offence.
(4) A defendant has the benefit of the reasonable steps exception for an
offence against subsection (1).
Note For the reasonable steps exception, see s 185.
(5) A defendant has the benefit of the reasonable steps exception for an
offence against subsection (2), but only as far as it relates to reliance
on the weight stated in a container weight declaration.
Note 1 Container weight declaration, for a freight
container—see s 168.
Note 2 Section 186 makes provision for reliance on a container
weight declaration if an operator or driver is charged with an offence involving
a breach of a mass requirement and is seeking to rely on the reasonable steps
exception.
156 Offence—liability
of operators—severe mass breaches
(1) A person commits an offence if—
(a) the person is the operator of a heavy vehicle or heavy combination;
and
(b) a severe risk breach of a mass requirement for the vehicle or
combination happens; and
(c) the person intends the breach.
Maximum penalty: 200 penalty units, imprisonment for 6 months or
both.
Note The registered operator may be taken to have committed this
offence if the registered operator does not give the road transport authority
the name of the operator of the vehicle or combination
(see s 403).
(2) A person commits an offence if—
(a) the person is the operator of a heavy vehicle or heavy combination;
and
(b) a severe risk breach of a mass requirement for the vehicle or
combination happens; and
(c) the person is reckless about the breach.
Maximum penalty: 150 penalty units, imprisonment for 6 months or
both.
Note The registered operator may be taken to have committed this
offence if the registered operator does not give the road transport authority
the name of the operator of the vehicle or combination
(see s 403).
(3) A person commits an offence if—
(a) the person is the operator of a heavy vehicle or heavy combination;
and
(b) a severe risk breach of a mass requirement for the vehicle or
combination happens; and
(c) the person is negligent about the breach.
Maximum penalty: 100 penalty units.
Note The registered operator may be taken to have committed this
offence if the registered operator does not give the road transport authority
the name of the operator of the vehicle or combination
(see s 403).
(4) A defendant has the benefit of the reasonable steps exception for an
offence against this section , but only as far as it relates to reliance on the
weight stated in a container weight declaration.
Note 1 Container weight declaration, for a freight
container—see s 168.
Note 2 Section 186 makes provision for reliance on a container
weight declaration if an operator or driver is charged with an offence involving
a breach of a mass requirement and is seeking to rely on the reasonable steps
exception.
157 Offence—liability
of operators—minor and substantial dimension and loading
breaches
(1) A person commits an offence if—
(a) the person is the operator of a heavy vehicle or heavy combination;
and
(b) a minor risk breach of a dimension or loading requirement for the
vehicle or combination happens.
Maximum penalty: 15 penalty units.
Note The registered operator may be taken to have committed this
offence if the registered operator does not give the road transport authority
the name of the operator of the vehicle or combination
(see s 403).
(2) A person commits an offence if—
(a) the person is the operator of a heavy vehicle or heavy combination;
and
(b) a substantial risk breach of a dimension or loading requirement for
the vehicle or combination happens.
Maximum penalty: 30 penalty units.
Note The registered operator may be taken to have committed this
offence if the registered operator does not give the road transport authority
the name of the operator of the vehicle or combination
(see s 403).
(3) An offence against this section is a strict liability
offence.
(4) A defendant has the benefit of the reasonable steps exception for an
offence against subsection (1).
Note For the reasonable steps exception, see s 185.
158 Offence—liability
of operators—severe dimension and loading breaches
(1) A person commits an offence if—
(a) the person is the operator of a heavy vehicle or heavy combination;
and
(b) a severe risk breach of a dimension or loading requirement for the
vehicle or combination happens; and
(c) the person intends the breach.
Maximum penalty: 200 penalty units, imprisonment for 6 months or
both.
Note The registered operator may be taken to have committed this
offence if the registered operator does not give the road transport authority
the name of the operator of the vehicle or combination
(see s 403).
(2) A person commits an offence if—
(a) the person is the operator of a heavy vehicle or heavy combination;
and
(b) a severe risk breach of a dimension or loading requirement for the
vehicle or combination happens; and
(c) the person is reckless about the breach.
Maximum penalty: 150 penalty units, imprisonment for 6 months or
both.
Note The registered operator may be taken to have committed this
offence if the registered operator does not give the road transport authority
the name of the operator of the vehicle or combination
(see s 403).
(3) A person commits an offence if—
(a) the person is the operator of a heavy vehicle or heavy combination;
and
(b) a severe risk breach of a dimension or loading requirement for the
vehicle or combination happens; and
(c) the person is negligent about the breach.
Maximum penalty: 100 penalty units.
Note The registered operator may be taken to have committed this
offence if the registered operator does not give the road transport authority
the name of the operator of the vehicle or combination
(see s 403).
Subdivision
2.2.4.5 Liability of drivers
Note Driver, of a vehicle or
combination—see s 9.
159 Offence—liability
of drivers—minor and substantial mass breaches
(1) A person commits an offence if—
(a) the person is the driver of a heavy vehicle or heavy combination;
and
(b) a minor risk breach of a mass requirement for the vehicle or
combination happens.
Maximum penalty: 20 penalty units.
(2) A person commits an offence if—
(a) the person is the driver of a heavy vehicle or heavy combination;
and
(b) a substantial risk breach of a mass requirement for the vehicle or
combination happens.
Maximum penalty: 40 penalty units.
(3) An offence against this section is a strict liability
offence.
(4) A defendant has the benefit of the reasonable steps exception for an
offence against subsection (1).
Note For the reasonable steps exception, see s 185.
(5) A defendant has the benefit of the reasonable steps exception for an
offence against subsection (2), but only as far as it relates to reliance
on the weight stated in a container weight declaration.
Note 1 Container weight declaration, for a freight
container—see s 168.
Note 2 Section 186 makes provision for reliance on a container
weight declaration if an operator or driver is charged with an offence involving
a breach of a mass requirement and is seeking to rely on the reasonable steps
exception.
160 Offence—liability
of drivers—severe mass breaches
(1) A person commits an offence if—
(a) the person is the driver of a heavy vehicle or heavy combination;
and
(b) a severe risk breach of a mass requirement for the vehicle or
combination happens; and
(c) the person intends the breach.
Maximum penalty: 200 penalty units, imprisonment for 6 months or
both.
(2) A person commits an offence if—
(a) the person is the driver of a heavy vehicle or heavy combination;
and
(b) a severe risk breach of a mass requirement for the vehicle or
combination happens; and
(c) the person is reckless about the breach.
Maximum penalty: 150 penalty units, imprisonment for 6 months or
both.
(3) A person commits an offence if—
(a) the person is the driver of a heavy vehicle or heavy combination;
and
(b) a severe risk breach of a mass requirement for the vehicle or
combination happens; and
(c) the person is negligent about the breach.
Maximum penalty: 100 penalty units.
(4) A defendant has the benefit of the reasonable steps exception for an
offence against this section, but only as far as it relates to reliance on the
weight stated in a container weight declaration.
Note 1 Container weight declaration, for a freight
container—see s 168.
Note 2 Section 186 makes provision for reliance on a container
weight declaration if an operator or driver is charged with an offence involving
a breach of a mass requirement and is seeking to rely on the reasonable steps
exception.
161 Offence—liability
of drivers—minor and substantial dimensions and loading
breaches
(1) A person commits an offence if—
(a) the person is the driver of a heavy vehicle or heavy combination;
and
(b) a minor risk breach of a dimension or loading requirement for the
vehicle or combination happens.
Maximum penalty: 15 penalty units.
(2) A person commits an offence if—
(a) the person is the driver of a heavy vehicle or heavy combination;
and
(b) a substantial risk breach of a dimension or loading requirement for
the vehicle or combination happens.
Maximum penalty: 30 penalty units.
(3) An offence against this section is a strict liability
offence.
(4) A defendant has the benefit of the reasonable steps exception for an
offence against subsection (1).
Note For the reasonable steps exception, see s 185.
162 Offence—liability
of drivers—severe dimensions and loading breaches
(1) A person commits an offence if—
(a) the person is the driver of a heavy vehicle or heavy combination;
and
(b) a severe risk breach of a dimension or loading requirement for the
vehicle or combination happens; and
(c) the person intends the breach.
Maximum penalty: 200 penalty units, imprisonment for 6 months or
both.
(2) A person commits an offence if—
(a) the person is the driver of a heavy vehicle or heavy combination;
and
(b) a severe risk breach of a dimension or loading requirement for the
vehicle or combination happens; and
(c) the person is reckless about the breach.
Maximum penalty: 150 penalty units, imprisonment for 6 months or
both.
(3) A person commits an offence if—
(a) the person is the driver of a heavy vehicle or heavy combination;
and
(b) a severe risk breach of a dimension or loading requirement for the
vehicle or combination happens; and
(c) the person is negligent about the breach.
Maximum penalty: 100 penalty units.
Subdivision
2.2.4.6 Liability of consignees
Note Consignee, of goods—see s 14.
163 Offence—liability
of consignees
(1) A person commits an offence if—
(a) the person is a consignee of goods consigned for road transport;
and
(b) the person engages in conduct that results, or is likely to result, in
inducing or rewarding a breach of a mass, dimension or loading requirement;
and
(c) the person intends the result.
Maximum penalty: 200 penalty units, imprisonment for 6 months or
both.
(2) A person commits an offence if—
(a) the person is a consignee of goods consigned for road transport;
and
(b) the person engages in conduct that results, or is likely to result, in
inducing or rewarding a breach of a mass, dimension or loading requirement;
and
(c) the person is reckless about the result.
Maximum penalty: 150 penalty units, imprisonment for 6 months or
both.
(3) A person commits an offence if—
(a) the person is a consignee of goods consigned for road transport;
and
(b) the person engages in conduct that results, or is likely to result, in
inducing or rewarding a breach of a mass, dimension or loading requirement;
and
(c) the person is negligent about the result.
Maximum penalty: 100 penalty units.
164 Matters
to be taken into consideration by courts
(1) The purpose of this section is to bring to the attention of courts the
general implications and consequences of breaches of mass, dimension or loading
requirements when deciding the kinds and levels of sanctions to be
imposed.
(2) In deciding the sanctions (including the level of fine) that are to be
imposed for breaches of mass, dimension or loading requirements, a court is to
take into consideration the categorisation of the breach under this part and,
having regard to the categorisation, the following matters:
(a) minor risk breaches involve either or both of the following:
(i) an appreciable risk of accelerated road wear;
(ii) an appreciable risk of unfair commercial advantage;
(b) substantial risk breaches involve 1 or more of the
following:
(i) a substantial risk of accelerated road wear;
(ii) an appreciable risk of damage to road infrastructure;
(iii) an appreciable risk of increased traffic congestion;
(iv) an appreciable risk of diminished public amenity;
(v) a substantial risk of unfair commercial advantage;
(c) severe risk breaches involve 1 or more of the following:
(i) an appreciable risk of harm to public safety or the
environment;
(ii) a serious risk of accelerated road wear;
(iii) a serious risk of harm to road infrastructure;
(iv) a serious risk of increased traffic congestion;
(v) a serious risk of diminished public amenity;
(vi) a serious risk of unfair commercial advantage.
Note Deciding whether a breach of a mass, dimension or loading
requirement involves an appreciable risk of harm is dealt with in
s 106.
(3) Nothing in this section affects any other matters that may or must be
taken into consideration by a court.
(4) Nothing in this section authorises or requires a court to assign the
breach to a different category of breach.
(5) Nothing in this section requires evidence to be presented in relation
to the matters that are to be taken into consideration by a court under this
section.
165 Default
categorisation
(1) If a court is satisfied that there has been a breach of a mass,
dimension or loading requirement but is not satisfied that the breach is a
substantial risk breach or a severe risk breach, the court may treat the breach
as a minor risk breach.
(2) If a court is satisfied that there has been a breach of a mass,
dimension or loading requirement and that the breach is at least a substantial
risk breach but is not satisfied that the breach is a severe risk breach, the
court may treat the breach as a substantial risk breach.
Division
2.2.6 Container weight
declarations
166 Application—div
2.2.6
This division applies to a freight container that is consigned for
transport by road, or for transport partly by road and partly by some other
means.
167 Meaning
of responsible entity for freight container
In this Act:
responsible entity, for a freight container,
means—
(a) if the consignor of the freight container is in Australia at the time
of the consignment—the consignor; or
(b) if the consignor of the freight container is not in Australia at the
time of the consignment but the consignor’s agent is in Australia at the
time of consignment—the consignor’s agent; or
(c) if neither the consignor of the freight container nor the
consignor’s agent is in Australia at the time of the consignment—the
person in Australia who physically offered the container for transport by road
in the ACT.
168 Meaning
of container weight declaration
(1) In this Act:
container weight declaration, for a freight container means a
declaration that states, or purports to state, the weight of the freight
container and its contents.
Note A container weight declaration may be recorded, produced,
given, etc in electronic form (see Electronic Transactions Act
2001).
(2) Subject to the regulations, a container weight
declaration—
(a) may be comprised in 1 or more documents or other formats;
and
(b) without limiting paragraph (a), may be comprised wholly or partly
in a placard attached to the freight container.
169 Meaning
of complying container weight
declaration—div 2.2.6
In this division—
complying container weight declaration—
(a) means a container weight declaration, for a freight container, that
contains the following additional information:
(i) the number and other particulars of the freight container necessary to
identify the container;
(ii) the name, and home or business address in Australia, of the
responsible entity for the freight container;
(iii) the date of the declaration;
(iv) any other information prescribed by regulation; and
(b) does not include a container weight declaration if—
(i) the contents of the declaration are not readily available to a police
officer, or authorised person, who seeks to find out the declaration’s
contents immediately in the presence of the freight container (whether by
examining documents located in the heavy vehicle or heavy combination in which
the container is loaded or by obtaining the information by radio, mobile
telephone or another way); or
(ii) the declaration is not in a form that satisfies the requirements (if
any) prescribed by regulation.
170 Offence—duty
of responsible entities for freight containers
(1) A person commits an offence if the person—
(a) is a responsible entity for a freight container; and
(b) offers the freight container to an operator of a heavy vehicle or
heavy combination for transport in the ACT by the vehicle or combination;
and
(c) does not ensure that the operator or driver of the vehicle or
combination is given a complying container weight declaration for the freight
container before the start of the transport of the freight container in the
ACT.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability
offence.
(3) A defendant has the benefit of the reasonable steps exception for an
offence against this section.
Note For the reasonable steps exception, see s 185.
171 Offence—duty
of operators of vehicles and combinations
(1) A person commits an offence if the person—
(a) is an operator of a heavy vehicle or heavy combination; and
(b) arranges for a freight container to be transported in the ACT by the
vehicle or combination; and
(c) does not ensure that the driver of the vehicle or combination is given
a complying container weight declaration for the freight container before the
start of the driver’s journey in the course of the transport of the
freight container in the ACT.
Maximum penalty: 50 penalty units.
Note The registered operator may be taken to have committed this
offence if the registered operator does not give the road transport authority
the name of the operator of the vehicle or combination
(see s 403).
(2) An operator is taken to have failed to comply with subsection (1)
if the driver does not have—
(a) a complying container weight declaration for the freight container;
or
(b) the details required to be included in a complying container weight
declaration for the freight container.
(3) Subsection (1) does not apply to a defendant if—
(a) the prosecution relies on subsection (2); and
(b) the driver was given the declaration or details.
Note The defendant has an evidential burden in relation to the
matters mentioned in s (3) (see Criminal Code, s 58).
(4) A person commits an offence if—
(a) the person is an operator of a heavy vehicle or heavy combination;
and
(b) the person arranges for a freight container to be transported in the
ACT by the vehicle or combination; and
(c) the freight container is to be transported by another road or rail
carrier; and
(d) the person does not ensure that, before the other carrier receives the
freight container, the other carrier is given—
(i) a complying container weight declaration for the freight container;
or
(ii) the details required to be included in a complying container weight
declaration for the freight container.
Maximum penalty: 50 penalty units.
Note The registered operator may be taken to have committed this
offence if the registered operator does not give the road transport authority
the name of the operator of the vehicle or combination
(see s 403).
(5) An offence against this section is a strict liability
offence.
(6) A defendant has the benefit of the reasonable steps exception for an
offence against this section.
Note For the reasonable steps exception, see s 185.
(7) A regulation may prescribe when subsection (1), (2) or (3) does
not apply.
172 Offence—duty
of drivers of vehicles and combinations
(1) A person commits an offence if—
(a) the person drives a heavy vehicle, or heavy combination, on a road or
road related area in the ACT; and
(b) the vehicle or combination is loaded with a freight container;
and
(c) the person has not been given a container weight declaration for the
container.
Maximum penalty: 50 penalty units.
(2) A person commits an offence if—
(a) the person drives a heavy vehicle, or heavy combination, on a road or
road related area in the ACT; and
(b) the vehicle or combination is loaded with a freight container;
and
(c) the person has been given a container weight declaration for the
container; and
(d) the person does not, during the course of a journey in the ACT, keep
the declaration—
(i) in or about the vehicle or combination; or
(ii) in a way that allows the declaration to be readily accessed from the
vehicle or combination.
Maximum penalty: 50 penalty units.
(3) An offence against this section is a strict liability
offence.
(4) A defendant has the benefit of the reasonable steps exception for an
offence against this section.
Note For the reasonable steps exception, see s 185.
173 Offence—liability
of consignees
A person commits an offence if—
(a) the person is a consignee of goods consigned for road transport;
and
Note Consignee, of goods—see s 14.
(b) the person engages in conduct that results, or is likely to result, in
inducing or rewarding a breach of a mass, dimension or loading requirement;
and
(c) the conduct relates to a freight container; and
(d) the person knew, or ought reasonably to have known,
that—
(i) a container weight declaration for the container was not provided as
required by this Act; or
(ii) a container weight declaration provided for the container contained
information about the weight of the container and the container’s contents
that was false or misleading in a material particular.
Note 1 Container weight declaration, for a freight
container—see s 168.
Note 2 Giving false or misleading information and producing false or
misleading documents is also dealt with in the Criminal Code, s 338 and
s 339.
Maximum penalty: 100 penalty units.
Division
2.2.7 Recovery of
losses—container weight declarations not given or
inaccurate
174 Recovery
of losses—container weight declaration not given
(1) This section applies if—
(a) a container weight declaration has not been given as required by this
Act; and
(b) a person suffered loss because the declaration was not
given.
Note Complying container weight declarations must be given under
s 170, s 171 and s 172.
(2) The person (the plaintiff) has a right under this Act to
recover, from the responsible entity for the freight container, the amount of
the loss suffered by the plaintiff because the container weight declaration is
not given.
(3) Losses that may be recovered include the following:
(a) loss suffered because of delay in the delivery of the freight
container, any goods contained in the freight container, or other
goods;
(b) loss suffered because of spoilage of, or damage to, the
goods;
(c) loss suffered because of the need to provide another heavy vehicle or
heavy combination, and loss suffered because of any delay in the provision of
another heavy vehicle or heavy combination;
(d) cost or expense incurred in weighing the freight container, the
container’s contents or both.
(4) The plaintiff may enforce the right by bringing a proceeding in a
court of competent jurisdiction for an order for payment of the amount of the
loss.
Note The court may assess the amount of loss in the way the court
considers appropriate (see s 177).
175 Recovery
of losses—container weight declaration inaccurate
(1) This section applies if—
(a) a container weight declaration has been given as required by this Act;
and
(b) the declaration contains information about a freight container that is
false or misleading in a material particular by understating the weight of the
container; and
Note Giving false or misleading information and producing false or
misleading documents is also dealt with in the Criminal Code, s 338 and
s 339.
(c) a breach of a mass requirement happened because of the reliance by an
operator or driver of a heavy vehicle or heavy combination on the information in
the declaration when transporting the container by road (whether or not
enforcement action has been, or may be, taken in relation to the breach);
and
(d) the operator or driver of the vehicle or combination—
(i) believed on reasonable grounds, at the time of the breach, that the
vehicle or combination was not in breach of a mass requirement; and
(ii) did not know, and could not reasonably have been expected to know, at
the time of the breach that the minimum weight stated in the declaration was
lower than the actual weight of the container; and
(e) a person suffered loss because of the provision of the
declaration.
Note Complying container weight declarations must be given under
s 170, s 171 and s 172.
(2) The person (the plaintiff) has a right under this Act to
recover, from the responsible entity for the freight container, the amount of
the loss suffered by the plaintiff because of the provision of the container
weight declaration.
Note The responsible entity for the freight container may be able to
recover from the person who provided the false or misleading information
(see s 176).
(3) Losses that may be recovered include the following:
(a) a fine, infringement notice penalty or other penalty imposed on the
plaintiff under an Australian heavy vehicle road law because of the container
weight declaration;
(b) a fine, infringement notice penalty or other penalty imposed on an
agent or employee of the plaintiff under an Australian heavy vehicle road law
because of the container weight declaration, that is reimbursed by the
plaintiff;
(c) loss suffered because of delay in the delivery of the freight
container, any goods contained in the freight container or other
goods;
(d) loss suffered because of spoliation of, or damage to, the
goods;
(e) loss suffered because of the need to provide another heavy vehicle or
heavy combination, and loss suffered because of any delay in the provision of
another heavy vehicle or heavy combination;
(f) cost or expense incurred in weighing the freight container or any of
the container’s contents.
(4) The plaintiff may enforce the right by bringing a proceeding in a
court of competent jurisdiction for an order for payment of the amount of the
loss.
Note The court may assess the amount of loss in the way the court
considers appropriate (see s 177).
176 Recovery
of losses by responsible entity for freight container
(1) This section applies if an order under section 175 has been made
or is being sought against a responsible entity for a freight container for
payment of the amount (the full amount) of any loss suffered by a
person.
(2) The responsible entity for the freight container has a right under
this Act to recover, from a person (the information provider) who
provided the responsible entity with any of the information that was false or
misleading, the part (the attributable amount) of the full amount
paid or payable by the responsible entity under the order that is attributable
to the information provided by the information provider.
Note Giving false or misleading information and producing false or
misleading documents is also dealt with in the Criminal Code, s 338 and
s 339.
(3) The responsible entity for the freight container may enforce the right
to recover by—
(a) joining, or seeking the joinder of, the information provider in the
proceeding for the order under section 175 and applying to the court for an
order for payment of the attributable amount to be made when the order is made
under section 175; or
(b) bringing a separate proceeding in a court of competent jurisdiction
for an order for payment of the attributable amount.
Note The court may assess the attributable amount in the way the
court considers appropriate (see s 177).
177 Assessment
of amount or attributable amount
(1) In making an order under this division, a court may assess, in the way
the court considers appropriate—
(a) the amount of any loss mentioned in—
(i) section 174 (Recovery of losses—container weight
declaration not given); or
(ii) section 175 (Recovery of losses—container weight
declaration inaccurate); or
(b) the attributable amount mentioned in section 176.
(2) In making an assessment, the court may take into account any matters
the court considers relevant, including any evidence presented in relation to
any prosecution brought for a breach mentioned in section 175.
(1) A court may award costs in relation to a proceeding for an order under
this division.
(2) The court may order payment of any cost or expense incurred in
weighing a freight container, any of the container’s contents or both,
if—
(a) the minimum weight stated in the container weight declaration for the
container was lower than the actual weight; or
(b) a container weight declaration was not provided as required by this
Act.
(3) An order under subsection (2) may be made in favour of any of the
following:
(a) a party to the proceeding;
(b) the road transport authority;
(c) a corresponding road transport authority;
(d) a public authority of this, or any other, jurisdiction.
Division
2.2.8 False and misleading transport
and journey documentation
179 Offence—provide
false or misleading transport and journey documentation
(1) This section applies if—
(a) goods are consigned for transport by road, or for transport partly by
road and partly by some other means; and
(b) all or part of the transport by road happens, or is to happen, in the
ACT.
(2) A person commits an offence if—
(a) the person gives another person transport documentation, or journey
documentation, for the goods that is false or misleading about a matter;
and
(b) the matter is relevant to know to ensure that a breach of a mass,
dimension or loading requirement does not happen during the transport of the
goods by road.
Maximum penalty: 50 penalty units.
Note Giving false or misleading information and producing false or
misleading documents is also dealt with in the Criminal Code, s 338 and
s 339.
(3) Information about a matter is not false or misleading for this section
only because it overstates or understates an amount if the overstatement or
understatement would not, at the time it is made, be likely to result in a
breach of a mass, dimension or loading requirement.
(4) An offence against this section is a strict liability
offence.
(5) A defendant has the benefit of the reasonable steps exception for an
offence against this section.
Note For the reasonable steps exception, see s 185.
Division
2.2.9 Concessions
This division has effect in relation to a mass, dimension or loading
concession subject to—
(a) the provisions of the law under which the concession was granted or
issued; and
(b) the terms of the concession itself.
181 Meaning
of mass, dimension or loading
concession—div 2.2.9
In this division:
mass, dimension or loading concession means a permit,
authorisation, approval, exemption, notice or anything else
that—
(a) is granted or issued in writing under a heavy vehicle road law;
and
(b) exempts a person from a provision of a heavy vehicle road law in
relation to a mass, dimension or loading requirement.
182 Meaning
of condition—div 2.2.9
In this division:
condition, of a mass, dimension or loading concession, means
a term or condition stated in, or otherwise applicable to, the concession, that
is—
(a) a term or condition that imposes a different requirement in place of a
requirement contained in the provision of a heavy vehicle road law from which
the holder of the concession is exempted; or
(b) any other term or condition subject to which the concession has
effect.
183 Offence—fail
to comply with concession conditions
A person commits an offence if the person—
(a) holds a mass, dimension or loading concession; and
(b) fails to comply with a condition of the concession.
Maximum penalty: 50 penalty units.
184 Effect
of fail to comply with concession conditions—prosecutions
etc
(1) If a person fails to comply with a condition of a mass, dimension or
loading concession—
(a) the concession does not operate while the failure to comply continues;
and
(b) accordingly, the concession must be disregarded in
deciding—
(i) whether there has been a breach of a mass, dimension or loading
requirement; and
(ii) if there has been a breach—the risk category to which the
breach belongs.
(2) If, because of subsection (1), a person commits an offence
against the provision of a heavy vehicle road law from which the person was
exempted by the concession, the person may be prosecuted either for the offence
or for the offence against section 183.
Part
2.3 General exceptions to
offences
Division
2.3.1 Reasonable steps
exception
185 Reasonable
steps exception
(1) This section applies if a defendant for a heavy vehicle road law
offence has the benefit of the reasonable steps exception for the
offence.
(2) The offence does not apply to the defendant if—
(a) the defendant did not know, and could not reasonably be expected to
have known, about the failure to comply with the heavy vehicle road law;
and
(b) either—
(i) the defendant had taken reasonable steps to comply; or
(ii) there were no steps that the defendant could reasonably be expected
to have taken to comply.
Note The defendant has an evidential burden in relation to the
matters mentioned in s (2) (see Criminal Code, s 58).
(3) Without limiting subsection (2), in deciding whether something
done, or omitted to be done, by the defendant constitutes reasonable steps, a
court may have regard to—
(a) the circumstances of the alleged offence, including (if relevant) the
risk category to which the breach belongs; and
(b) without limiting paragraph (a), the measures available and
measures taken for any of the following:
(i) to accurately and safely weigh or measure the vehicle or combination
or its load or to safely restrain the load in the vehicle or
combination;
(ii) to provide and obtain sufficient and reliable evidence from which the
weight or measurement of the vehicle or combination or its load might be
calculated;
(iii) to manage, reduce or eliminate a potential breach arising from the
location of the vehicle or combination, or from the location of the load in the
vehicle or combination, or from the location of goods in the load;
(iv) to manage, reduce or eliminate a potential breach arising from
weather and climatic conditions, or from potential weather and climatic
conditions, affecting or potentially affecting the weight or measurement of the
load;
(v) to exercise supervision or control over others involved in activities
leading to the breach; and
(c) the measures available and measures taken for any of the
following:
(i) to include compliance assurance conditions in relevant commercial
arrangements with other responsible people for the vehicle or
combination;
(ii) to provide information, instruction, training and supervision to
employees to make compliance with relevant laws possible;
(iii) to maintain equipment and work systems to make compliance with
relevant laws possible;
(iv) to address and remedy any similar compliance problems that may have
happened in the past; and
(d) whether the defendant had, either personally or through an agent or
employee, custody or control of the vehicle or combination, or its load, or any
of the goods included or to be included in the load; and
(e) the personal expertise and experience that the defendant had, or ought
to have had, or that an agent or employee of the defendant had, or ought to have
had.
186 Reasonable
steps exception—reliance on container weight
declaration
(1) This section applies if the operator or driver of a vehicle or
combination—
(a) is charged with an offence involving a breach of a mass requirement;
and
(b) seeks to rely on the reasonable steps exception in relation to the
offence.
Note The defendant has an evidential burden in relation to the
matters mentioned in s 185 (2) for the reasonable steps exception (see
Criminal Code, s 58).
(2) To the extent that the weight of a freight container together with its
contents is relevant to the offence, the defendant may rely on the weight stated
in the relevant container weight declaration unless it is proved that the
defendant knew, or ought reasonably to have known, that—
(a) the stated weight was lower than the actual weight; or
(b) a breach of a mass requirement would be caused by the distributed
weight of the container and its contents, together with—
(i) the mass or location of any other load; or
(ii) the mass of the vehicle or combination or any part of it.
Note Container weight declaration, for a freight
container—see s 168.
Division
2.3.2 Other exceptions to
offences
187 Meaning
of deficiency in a vehicle or
combination—div 2.3.2
In this division:
deficiency in a vehicle or combination means—
(a) a deficiency in or of the vehicle or combination or in or of any
equipment carried in the vehicle or combination; or
(b) a deficiency constituted by the absence of particular equipment
required to be carried in the vehicle or combination.
188 Exception
for owners and operators
(1) This section applies to a defendant for a heavy vehicle road law
offence if the defendant is being prosecuted as an owner or operator of a
vehicle or combination.
(2) The defendant does not commit an offence if, at the time of the
conduct that would, apart from this section, make up the offence, the vehicle
was being used by—
(a) someone else not entitled (whether by express or implied authority or
otherwise) to use the vehicle or combination, other than an employee or agent of
the defendant; or
(b) an employee of the defendant who was acting at the relevant time
outside the scope of the employment; or
(c) an agent (in any capacity) of the defendant who was acting at the
relevant time outside the scope of the agency.
Note The defendant has an evidential burden in relation to the
matters mentioned in s (2) (see Criminal Code, s 58).
(3) However, if the offence relates to a breach of a heavy vehicle road
law for an alleged deficiency in the vehicle or combination, the exception in
subsection (2) is only available to the defendant if—
(a) the vehicle or combination was not, before it stopped being under the
defendant’s control, driven on a road or road related area in Australia in
breach of an Australian heavy vehicle road law that relates to any of the
alleged deficiencies; and
(b) 1 or more material changes, resulting in the alleged breach, were made
after the vehicle or combination stopped being under the defendant’s
control.
Note The defendant has an evidential burden in relation to the
matters mentioned in s (3) (see Criminal Code, s 58).
189 Exception
for drivers
(1) This section applies to a defendant for a heavy vehicle road law
offence if the offence involves a deficiency in a vehicle or
combination.
(2) The offence does not apply to the defendant if the
defendant—
(a) is being prosecuted as a driver of the vehicle or combination;
and
(b) did not cause or contribute to the deficiency in the vehicle or
combination; and
(c) did not have any responsibility for, or control over, the maintenance
of the vehicle or combination or its equipment at any relevant time;
and
(d) did not know, and could not reasonably be expected to have known, of
the deficiency; and
(e) could not reasonably be expected to have found out whether there was,
or was likely to be, a deficiency in the vehicle or combination.
Note The defendant has an evidential burden in relation to the
matters mentioned in s (2) (see Criminal Code, s 58).
190 Exception
if complying with direction
An offence against a provision of the road transport legislation does not
apply to a person if the conduct making up the offence was done in compliance
with a direction (whether or not a lawful direction) given by—
(a) a police officer or authorised person; or
(b) the road transport authority or a corresponding road transport
authority.
Note The defendant has an evidential burden in relation to the
matters mentioned in this section (see Criminal Code, s 58).
Part
2.4 Additional sanctions for heavy
vehicle offences
Division
2.4.1 Preliminary
191 Meaning
of associate—pt 2.4
(1) For this part, a person is an associate of another
person if—
(a) 1 of them is a spouse, parent, brother, sister or child of the other;
or
(b) both are members of the same household; or
(c) they are partners; or
(d) both are trustees or beneficiaries of the same trust, or 1 is a
trustee and the other is a beneficiary of the same trust; or
(e) 1 person is a corporation and the other person is a director or member
of the governing body of the corporation; or
(f) 1 person is a corporation (other than a public company whose shares
are listed on a stock exchange) and the other person is a shareholder in the
corporation; or
(g) they are related bodies corporate; or
(h) a chain of relationships can be traced between them under 1 or more of
paragraphs (a) to (g).
(2) In this section:
beneficiary, of a trust, includes an object of a
discretionary trust.
related body corporate—see the Corporations Act,
section 9 (Definitions).
192 Penalties
imposed by courts
(1) A court that convicts or finds a person guilty of a heavy vehicle road
law offence may impose 1 or more of the penalties that may be imposed by a court
under this Act.
(2) Without affecting a court’s discretion, the court must take into
consideration, when imposing more than 1 of the penalties provided for by this
Act, the combined effect of the penalties imposed.
(3) Nothing in this part affects a discretion or power that a court or
other person or body has apart from this Act.
(4) If 1 or more courts make orders under this part that result in both a
supervisory intervention order and a prohibition order being in force at the
same time for the same person, the supervisory intervention order has no effect
while the prohibition order has effect.
Note Supervisory intervention orders are dealt with in
s 206.
Prohibition orders are dealt with in s 210.
Division
2.4.2 Improvement
notices
193 Definitions—div
2.4.2
In this division:
authorised police officer means a police officer authorised
in writing by the chief police officer for this division.
due date, for an improvement notice—see
section 194.
improvement notice—see section 194.
(1) An authorised person or authorised police officer may give a person
(the offender) a written notice (an improvement
notice) if the person or officer believes on reasonable grounds that the
offender—
(a) has failed to comply with a provision of an Australian heavy vehicle
road law; or
(b) is failing to comply with a provision of an Australian heavy vehicle
road law; or
(c) is likely to fail to comply with a provision of an Australian heavy
vehicle road law.
(2) An improvement notice may require the offender to
remedy—
(a) the failure to comply or likely failure to comply; or
(b) the matters or activities causing the failure to comply or likely
failure to comply.
(3) Also, an improvement notice may state the method to be used to achieve
the remedy.
(4) An improvement notice must state the following:
(a) that the notice is issued under this section;
(b) that the authorised person or authorised police officer believes on
reasonable grounds that the offender has failed to comply, is failing to comply
or is likely to fail to comply, with a provision of an Australian heavy vehicle
road law;
(c) the reasons for the belief;
(d) the provision of the Australian heavy vehicle road law in relation to
which the belief is held;
(e) that the offender must comply with the notice not later than the date
(the due date) stated in the notice.
Note The notice must also comply with the requirements for
reviewable decision notices which are prescribed under the ACT Civil and
Administrative Tribunal Act 2008.
(5) The due date must be at least 7 days after the day the notice is
given to the person.
(6) However, the person or officer may state an earlier due date if
satisfied that it is reasonably practicable for the offender to comply with the
improvement notice by the earlier due date.
195 Extensions
of time to comply with improvement notices
(1) This section applies if—
(a) an offender has been given an improvement notice; and
(b) the due date for the improvement notice has not passed.
(2) An authorised person or authorised police officer may, by written
notice given to the offender, extend the due date for the improvement
notice—
(a) on the person’s or officer’s own initiative; or
(b) if asked by the offender.
(3) In this section:
due date means the due date stated in the improvement notice
and includes the due date as extended under this section.
196 Offence—fail
to comply with improvement notice
(1) A person commits an offence if—
(a) the person is given an improvement notice; and
(b) the person fails to comply with a requirement of the improvement
notice.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability
offence.
(3) This section does not apply to a person if the person has a reasonable
excuse for failing to comply with the requirement.
Note The defendant has an evidential burden in relation to the
matters mentioned in s (3) (see Criminal Code, s 58).
(4) It is a defence to a prosecution for an offence against this section
if the defendant proves that—
(a) either—
(i) the alleged failure to comply, or likely failure to comply, to which
the improvement notice relates was remedied; or
(ii) the matters or activities causing the alleged failure to comply, or
likely failure to comply to which the improvement notice relates were remedied;
and
(b) the remedy was achieved not later than the due date; and
(c) the method used for achieving the remedy was different from the method
stated in the improvement notice.
Note The defendant has a legal burden in relation to the matters
mentioned in s (4) (see Criminal Code, s 59).
197 Amendment
of improvement notices
(1) An improvement notice given by an authorised police officer may only
be amended by an authorised police officer.
(2) An improvement notice given by an authorised person may only be
amended by an authorised person.
(3) An authorised person or authorised police officer may amend an
improvement notice given to a person by giving the person a written notice (an
improvement amendment notice) stating the terms of the
amendment.
(4) An amendment of an improvement notice is ineffective if it purports to
deal with a failure to comply with a provision of an Australian heavy vehicle
road law different from the provision dealt with in the improvement notice it
purports to amend.
(5) An improvement amendment notice must—
(a) state the reasons for the amendment; and
(b) state that the notice is issued under this section.
Note The notice must also comply with the requirements for
reviewable decision notices which are prescribed under the ACT Civil and
Administrative Tribunal Act 2008.
198 Cancellation
of improvement notices
(1) An improvement notice given by an authorised police officer may only
be cancelled by—
(a) the chief police officer; or
(b) an authorised police officer who is senior in rank to the officer who
gave the notice.
(2) An improvement notice given by an authorised person may only be
cancelled by—
(a) the road transport authority; or
(b) an authorised person who is of a higher classification than the person
who gave the notice.
(3) Written notice of the cancellation of an improvement notice must be
given to the person to whom the improvement notice was given.
(4) A regulation may make provision for identifying or working out the
seniority in rank or classification of authorised people or authorised police
officers.
199 Clearance
certificates
(1) An authorised person or authorised police officer may issue a
certificate (a clearance certificate) to the effect that a stated
requirement, or all requirements, of an improvement notice have been complied
with.
(2) A stated requirement of an improvement notice ceases to be operative
when the person to whom the notice was given receives a clearance certificate to
the effect that—
(a) the requirement has been complied with; or
(b) all requirements of the notice have been complied with.
Division
2.4.3 Formal
warnings
(1) This section applies if a police officer or authorised person may take
action against a person (the offender) for failure to comply with
a heavy vehicle road law.
(2) However, this section does not apply if the failure to comply involves
a substantial risk breach, or severe risk breach, of a mass, dimension or
loading requirement.
(3) The officer or person may, instead of taking action against the
offender, formally warn (a formal warning) the offender if the
officer or person believes that—
(a) the offender—
(i) took reasonable steps to prevent the failure to comply; and
(ii) was unaware of the failure to comply; and
(b) it is appropriate to deal with the failure to comply with by way of a
formal warning under this section.
(4) A formal warning must be in writing.
(5) In this section:
action includes the issue of an infringement
notice.
201 Withdrawal
of formal warnings
(1) A formal warning for a failure to comply with a heavy vehicle road law
may be withdrawn by a person prescribed by regulation by giving the offender a
written notice of withdrawal not later than 21 days after the day the
formal warning is given.
(2) After the formal warning has been withdrawn, action may be taken
against the person for the failure to comply.
(3) In this section:
action includes the issue of an infringement
notice.
Division
2.4.4 Commercial benefits penalty
orders
202 Commercial
benefits penalty orders
(1) A court that convicts or finds a person guilty of a heavy vehicle road
law offence may, on the application of the prosecutor or the road transport
authority, make an order (a commercial benefits penalty order)
under this section.
(2) The court may make a commercial benefits penalty order requiring the
person to pay, as a fine, an amount not more than 3 times the amount
estimated by the court to be the gross commercial benefit that—
(a) was received or receivable, by the person or an associate of the
person, from the commission of the offence; or
(b) for a journey that was interrupted or not begun because of action
taken by a police officer or authorised person in relation to the commission of
the offence—would have been received or receivable, by the person or an
associate of the person, from the commission of the offence had the journey been
completed.
Note The court’s estimate of gross commercial benefit is dealt
with in s 203.
(3) However, the court must not make a commercial benefits penalty order
for an amount that is more than 50 penalty units.
(4) Nothing in this section prevents the court from ordering payment of an
amount that is—
(a) less than 3 times the estimated gross commercial benefit;
or
(b) less than the estimated gross commercial benefit.
203 Commercial
benefits penalty orders—estimating gross commercial
benefit
(1) In estimating the gross commercial benefit that was, or would have
been, received or receivable from the commission of the offence, the court may
take into account—
(a) benefits of any kind, whether monetary or otherwise; and
(b) any other matter that the court considers relevant.
Examples—par (b)
1 the value of any goods involved in the offence
2 the distance over which the goods were, or were to be, carried
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(2) However, in estimating the gross commercial benefit that was, or would
have been, received or receivable from the commission of the offence, the court
must disregard any cost, expense or liability incurred by the person or an
associate of the person.
Division
2.4.5 Licensing and registration
sanctions
204 Sanctions
involving driver licences
(1) This section—
(a) applies to a heavy vehicle road law offence committed in relation to a
heavy vehicle or heavy combination by the driver of the vehicle or combination;
but
(b) does not apply to a heavy vehicle road law offence if it involves only
a minor risk breach, or substantial risk breach, of a mass, dimension or loading
requirement.
(2) If the driver of the heavy vehicle in relation to which the offence
was committed is convicted, or found guilty, of the offence, the court may make
an order for either or both of the following:
(a) that a stated Australian driver licence issued to the driver under an
Australian heavy vehicle road law is—
(i) cancelled; or
(ii) varied or suspended for a stated period;
(b) that the driver is disqualified from obtaining or holding an
Australian driver licence (either generally or of a stated kind) for a stated
period.
(3) An order under this section operates automatically and takes effect
immediately or, if a later day is stated in the order, on the stated
day.
(4) To remove any doubt, this section is additional to, and does not
limit, the court’s powers under—
(a) the Road Transport (Driver Licensing) Regulation 2000,
division 5.2 (Variation, suspension or cancellation of driver
licences); or
(b) the Road Transport (General) Act 1999, division 4.2
(Licence disqualification and related matters).
205 Sanctions
involving heavy vehicle registration
(1) This section—
(a) applies to a heavy vehicle road law offence committed in relation to a
heavy vehicle or heavy combination; but
(b) does not apply to a heavy vehicle road law offence if it involves only
a minor risk breach, or substantial risk breach, of a mass, dimension or loading
requirement.
(2) If the registered operator of the heavy vehicle in relation to which
the offence was committed is convicted, or found guilty, of the offence, the
court may make an order that the registration of the heavy vehicle
is—
(a) cancelled; or
(b) suspended for a stated period.
(3) If the court makes an order under subsection (2), the court may
also make 1 or more of the following orders:
(a) that the registered operator is disqualified from registering the
heavy vehicle for a stated period;
(b) if an associate of the registered operator is involved in the
commission of the offence—that the associate is disqualified from
registering the heavy vehicle for a stated period.
Note Associate—see s 191.
(4) If the court considers that someone else who is not present in court
may be substantially affected if an order is made under this section, the court
may issue a summons to the person to give reasons why the order should not be
made.
(5) An order under this section operates automatically and takes effect
immediately or, if a later day is stated in the order, on the stated
day.
Division
2.4.6 Supervisory intervention
orders
206 Supervisory
intervention orders
(1) This section applies if—
(a) a court convicts or finds a person guilty of a heavy vehicle road law
offence; and
(b) the prosecutor or road transport authority applies for an order under
this section; and
(c) the court considers the person to be a systematic or persistent
offender against the Australian heavy vehicle road laws.
(2) The court may make an order (a supervisory intervention
order) requiring the person to do 1 or more of the following, at the
person’s own expense and for a stated period not longer than 1
year:
(a) to do stated things that the court considers will improve the
person’s compliance with heavy vehicle road laws or stated aspects of
heavy vehicle road laws;
Examples
1 appointing or removing staff to or from particular activities or
positions
2 training and supervising staff
3 obtaining expert advice in relation to maintaining appropriate
compliance
4 installing monitoring, compliance, managerial or operational equipment
such as intelligent transport system equipment
5 implementing monitoring, compliance, managerial or operational practices,
systems or procedures
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(b) to conduct stated monitoring, compliance, managerial or operational
practices, systems or procedures subject to the direction of the road transport
authority or a person nominated by the authority;
(c) to appoint someone else to have responsibilities—
(i) to assist the person in improving compliance with heavy vehicle road
laws or stated aspects of heavy vehicle road laws; and
(ii) to monitor the person’s performance in complying with heavy
vehicle road laws or stated aspects of heavy vehicle road laws and in complying
with the requirements of the order.
(3) However, the court may make a supervisory intervention order only if
satisfied that the order can improve the person’s ability or willingness
to comply with the heavy vehicle road laws, having regard to—
(a) the Australian heavy vehicle road law offences of which the person has
been previously convicted or found guilty; and
(b) the Australian heavy vehicle road law offences for which the person
has been proceeded against by way of infringement notices that have not been
withdrawn; and
(c) any other offences or matters that the court considers to be relevant
to the conduct of the person in relation to road transport.
(4) The order may direct that any other penalty or sanction imposed for
the offence by the court be suspended until the court decides that there has
been a substantial failure to comply with the order.
Note 1 If a court makes a supervisory intervention order, the court
may also require compliance reports to be
provided—see s 207.
Note 2 If both a supervisory intervention order and a prohibition
order are in force at the same time for the same person, the supervisory
intervention order has no effect while the prohibition order has effect
(see s 192).
207 Supervisory
intervention orders—compliance reports
(1) If a court makes a supervisory intervention order, the court may also
require, in the order, that the person (at the person’s own expense and
for a stated period not longer than 1 year)—
(a) give compliance reports to the authority, the court or both as stated
in the order; or
(b) appoint someone else to have responsibility to give compliance reports
to the road transport authority, the court or both as stated in the
order.
(2) The court may state the matters that are to be dealt with in a
compliance report and how and when a compliance report is to be prepared and
provided.
(3) The court may require that a compliance report, or aspects of a
compliance report, be made public, and may state how and when a compliance
report is to be made public.
(4) In this section:
compliance report, in relation to a person about whom a
supervisory intervention order is made, means a report relating
to—
(a) the performance of the person in complying with—
(i) the heavy vehicle road laws or aspects of the heavy vehicle road laws
stated in the order; and
(ii) the requirements of the order; and
(b) without limiting paragraph (a)—
(i) things done by the person to ensure that any failure by the person to
comply with the heavy vehicle road laws or the stated aspects of the heavy
vehicle road laws does not continue; and
(ii) the results of the things having been done.
208 Supervisory
intervention orders—amendment and revocation
A court with power to make a supervisory intervention order may amend or
revoke a supervisory intervention order if—
(a) an application for amendment or revocation is made by—
(i) the road transport authority; or
(ii) the person in relation to whom the order was made; and
(b) the court is satisfied that there has been a change of circumstances
that justifies the amendment or revocation.
209 Offence—fail
to comply with supervisory intervention order
A person commits an offence if—
(a) a supervisory intervention order is in force in relation to the
person; and
(b) the person fails to comply with the order.
Maximum penalty: 100 penalty units.
Division
2.4.7 Prohibition
orders
(1) This section applies if—
(a) a court convicts or finds a person guilty of a heavy vehicle road law
offence; and
(b) the prosecutor or road transport authority applies for an order under
this section; and
(c) the court considers the person to be a systematic or persistent
offender against the Australian heavy vehicle road laws.
(2) To restrict opportunities for the person to commit, or be involved in
the commission of, further Australian heavy vehicle road law offences, the court
may make an order (a prohibition order) prohibiting the person,
for a stated period, from having a stated role or responsibilities associated
with road transport.
(3) However, the court may make an order under this section only if
satisfied that the person should not continue the things the subject of the
proposed order and that a supervisory intervention order is not appropriate,
having regard to—
(a) the Australian heavy vehicle road law offences of which the person has
been previously convicted or found guilty; and
(b) the Australian heavy vehicle road law offences for which the person
has been proceeded against by way of infringement notices that have not been
withdrawn; and
(c) any other offences or other matters that the court considers to be
relevant to the conduct of the person in relation to road transport.
Note 1 Supervisory intervention orders are dealt with in
s 206.
Note 2 If both a supervisory intervention order and a prohibition
order are in force at the same time for the same person, the supervisory
intervention order has no effect while the prohibition order has effect
(see s 192).
(4) Also, the court may not make a prohibition order that prohibits the
person from driving or registering a vehicle.
211 Prohibition
orders—amendment and revocation
A court with power to make a prohibition order may amend or revoke a
prohibition order if—
(a) an application for amendment or revocation is made by—
(i) the road transport authority; or
(ii) the person in relation to whom the order was made; and
(b) the court is satisfied that there has been a change of circumstances
that justifies the amendment or revocation.
212 Offence—fail
to comply with prohibition order
A person commits an offence if—
(a) a prohibition order is in force in relation to the person;
and
(b) the person fails to comply with the order.
Maximum penalty: 100 penalty units.
Part
2.5 Other provisions about mass,
dimensions and loading requirements
Division
2.5.1 Mutual
recognition
213 Effect
of prescribed administrative actions of authorities of other
jurisdictions
(1) In this section:
administrative action means an action of an administrative
nature, as in force from time to time.
administrative authority means—
(a) a corresponding road transport authority; or
(b) a person holding an office under the law of another jurisdiction and
prescribed by regulation; or
(c) a body constituted under the law of another jurisdiction and
prescribed by regulation.
prescribed administrative action means an administrative
action prescribed by regulation.
(2) A prescribed administrative action of an administrative authority
under, or in relation to, a corresponding heavy vehicle road law has the same
effect in the ACT as it has in the other jurisdiction.
(3) Nothing in this section gives a prescribed administrative action
effect in the ACT or in a particular place in the ACT—
(a) as far as the action is incapable of having effect in, or in relation
to, the ACT or the place; or
(b) if any terms of the action expressly provide that the action does not
extend or apply to, or in relation to, the ACT or the place; or
(c) if any terms of the action expressly provide that the action has
effect only in the other jurisdiction or a stated place in the other
jurisdiction.
Note A statutory instrument may make different provisions about
different matters and apply the provisions differently by reference to stated
exceptions or factors (see Legislation Act, s 48).
214 Effect
of court orders of other jurisdictions
(1) In this section:
order means an order in any judicial or other proceeding,
whether civil or criminal, as in force from time to time.
prescribed order means an order prescribed by
regulation.
(2) A prescribed order of a court or tribunal of another jurisdiction
under, or in relation to, a corresponding heavy vehicle road law has the same
effect in the ACT as it has in the other jurisdiction.
(3) Nothing in this section gives a prescribed order effect in the ACT or
in a particular place in the ACT—
(a) as far as the order is incapable of having effect in or in relation to
the ACT or the place; or
(b) if any terms of the order expressly provide that the order does not
extend or apply to or in relation to the ACT or the place; or
(c) if any terms of the order expressly provide that the order has effect
only in the other jurisdiction or a stated place in the other
jurisdiction.
Note A statutory instrument may make different provisions about
different matters and apply the provisions differently by reference to stated
exceptions or factors (see Legislation Act, s 48).
Division
2.5.2 Declared zones and declared
routes
215 Minister
may declare zones and routes
(1) The Minister may declare—
(a) a stated area to be a declared zone for this Act; or
(b) a stated road or road related area, or a stated part of a stated road
or road related area, to be a declared route for this Act.
(2) A declaration is a notifiable instrument.
Note 1 A notifiable instrument must be notified under the
Legislation Act.
Note 2 Declared zones and declared routes are mentioned in
s 117.
Division
2.5.3 Victimisation of people for
reporting breaches and assisting with investigations
216 Definitions—div
2.5.3
In this division:
contractor means an individual who works under a contract for
services.
employee includes contractor.
Note Employee—see the dictionary.
public agency means—
(a) the road transport authority or a corresponding road transport
authority; or
(b) an authorised person or an authorised person (however described)
appointed under a corresponding law; or
(c) a police officer or a member (however described) of the police force
or police service of another jurisdiction; or
(d) any other public authority of any jurisdiction.
217 Offence—victimisation
of employees for reporting breaches or assisting with
investigations
A person commits an offence if—
(a) the person is an employer of another person (the
employee); and
(b) the person—
(i) dismisses the employee; or
(ii) injures the employee in his or her employment; or
(iii) alters an employee’s position to the employee’s
detriment; and
(c) the person acts under paragraph (b) only because the
employee—
(i) complained about a breach, or alleged breach, of an Australian heavy
vehicle road law to—
(A) the employer; or
(B) another employee; or
(C) a trade union; or
(D) a public agency; or
(ii) assisted or gave information to a public agency in relation to a
breach, or alleged breach, of an Australian heavy vehicle road law.
Maximum penalty: 100 penalty units.
218 Offence—victimisation
of prospective employees for reporting breaches or assisting with
investigations
A person commits an offence if—
(a) the person is an employer, or prospective employer, of another person
(the prospective employee); and
(b) the person—
(i) refuses or deliberately omits to offer employment to the prospective
employee; or
(ii) treats the prospective employee less favourably than another
prospective employee would be treated in relation to the terms on which
employment is offered; and
(c) the person acts under paragraph (b) only because the prospective
employee—
(i) complained about a breach, or alleged breach, of an Australian heavy
vehicle road law to—
(A) a former employer; or
(B) another employee of a former employer; or
(C) a trade union; or
(D) a public agency; or
(ii) assisted or gave information to a public agency in relation to a
breach, or alleged breach, of an Australian heavy vehicle road law.
Maximum penalty: 100 penalty units.
219 Victimisation
offences—order for compensation
(1) If a person is convicted or found guilty of an offence against
section 217 or section 218, the court may, in addition to imposing a
penalty on the person, make an order that the person pay, within a stated period
to the employee, or prospective employee, the damages that the court considers
appropriate for compensation.
(2) The maximum amount of damages must not be more than the amount of the
court’s jurisdictional limit in a civil proceeding.
(3) An order for payment of damages is enforceable as if the order were a
judgment of the court in a civil proceeding.
220 Victimisation
offences—order for re-employment etc
If a person is convicted or found guilty of an offence against
section 217 or section 218, the court may, in addition to imposing a
penalty on the person, make an order (an employment order)
that—
(a) the employee be reinstated or re-employed in the employee’s
former position or, if the position is not available, in a similar position;
or
(b) the prospective employee be employed in the position for which the
prospective employee had applied or, if the position is not available, in a
similar position.
221 Offence—fail
to comply with employment order
(1) A person commits an offence if—
(a) an employment order is made against the person; and
(b) the person fails to comply with the order.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability
offence.
(3) In this section:
employment order—see section 220.
Chapter
3 Investigation and
enforcement
Note Other enforcement powers are in div 2.2.3.
Part
3.1 Investigation
powers
Division
3.1.1 Preliminary
In this part:
authorised—
(a) to drive a vehicle or combination—see section 303 (1);
and
(b) to run the engine of a vehicle or combination—see
section 303 (2).
broken-down, for a motor vehicle, trailer or
combination—see section 306.
compliance purposes, in relation to a power to give a
direction to a person—see section 307.
driver, of a disconnected trailer—see
section 305.
fit, to drive a vehicle or combination, or run its
engine—see section 302.
qualified, to drive a vehicle or combination or run its
engine—see section 301.
unattended, for a vehicle or combination—see
section 304.
301 Meaning
of qualified to drive or run engine—pt 3.1
For this part, a person is qualified to drive a vehicle or
combination, or run its engine, if the person—
(a) holds a driver licence of the appropriate class to drive the vehicle
or combination and the driver licence is not suspended; and
(b) is not prevented under a law from driving the vehicle or
combination.
Example—law preventing person from
driving
condition of the person’s licence that the person not drive the
vehicle or combination
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
302 Meaning
of fit to drive or run engine—pt 3.1
For this part, a person is fit to drive a vehicle or
combination, or run its engine, if the person—
(a) is physically and mentally fit to drive the vehicle or combination;
and
(b) without limiting paragraph (a), is not affected by alcohol or a
drug that affects the person’s fitness to drive; and
(c) is not, at the relevant time, found to have a concentration of alcohol
in the person’s blood that exceeds the amount permitted by an Australian
heavy vehicle road law.
303 Meaning
of authorised to drive or run engine—pt 3.1
(1) For this part, a person is authorised to drive a vehicle
or combination if the person—
(a) is the operator of the vehicle or combination; or
(b) has the authority of the operator of the vehicle or combination to
drive the vehicle or combination.
(2) For this part, a person is authorised to run the engine
of a vehicle or combination if the person—
(a) is the operator of the vehicle or combination; or
(b) has the authority of the operator of the vehicle or combination to
drive the vehicle or combination or run its engine.
(3) To avoid any doubt, a person may be authorised to drive a vehicle or
combination or run its engine, whether or not the person is qualified to drive
the vehicle or combination or run its engine.
304 Meaning
of unattended vehicle or combination—pt 3.1
For this part, a vehicle or a combination is unattended
if—
(a) if a police officer or authorised person is near the vehicle or
combination—there is, after inspection and enquiry by the officer or
person that is reasonable in the circumstances, apparently no one in or near the
vehicle or combination who appears to be a driver of the vehicle or combination;
or
(b) if a police officer or authorised person is not near the vehicle or
combination but is able to inspect the area near the vehicle or combination by
way of a camera or other remote surveillance system—there is, after
inspection by the officer or person that is reasonable in the circumstances,
apparently no one in or near the vehicle or combination who appears to be a
driver of the vehicle or combination; or
(c) if there appears to be a person (the assumed driver) who
is the driver of the vehicle or combination in or near the vehicle or
combination—the police officer or authorised person believes on reasonable
grounds that—
(i) the assumed driver is not qualified, not fit or not authorised to
drive the vehicle or a combination; or
(ii) the assumed driver is or appears to be unwilling to drive the vehicle
or a combination; or
(iii) the assumed driver is subject to a direction under section 315
(Directions to leave vehicles and combinations) for the vehicle or
combination.
Note Qualified to drive a vehicle or
combination—see s 301.
Fit to drive a vehicle
or combination—see s 302.
Authorised to drive a
vehicle or combination—see s 303.
305 Meaning
of driver of disconnected trailer—pt 3.1
(1) In this part:
driver, of a disconnected trailer, means the driver of the
towing vehicle to which the trailer was, or apparently was, last
connected.
(2) In this section:
disconnected trailer means a trailer that is not connected
(either directly or by 1 or more other trailers) to a towing vehicle.
306 Meaning
of broken-down motor vehicle, trailer or combination—pt
3.1
In this part:
broken-down means—
(a) for a motor vehicle—a motor vehicle that is impossible to drive
because the vehicle is disabled through damage, mechanical failure, lack of fuel
or a similar reason; and
(b) for a trailer—a trailer that is not connected (either directly
or by 1 or more other trailers) to a towing vehicle, whether or not the trailer
is also disabled through damage, mechanical failure or a similar reason;
and
(c) for a combination—a combination that is impossible to drive
because the combination, or a vehicle that is part of the combination, is
disabled through damage, mechanical failure, lack of fuel or a similar
reason.
307 Exercise
of power for compliance purposes—pt 3.1
For this part, a power to give a direction to a person is exercised for
compliance purposes if the power is exercised—
(a) to find out whether an Australian heavy vehicle road law or an
approved road transport compliance scheme is being complied with by the person
or someone else; or
(b) to investigate a breach or suspected breach of an Australian heavy
vehicle road law or an approved road transport compliance scheme by the person
or someone else.
Note General provisions about directions are in div 3.1.5.
Division
3.1.2 Directions to stop, move and
leave heavy vehicles and heavy combinations
308 Application—div
3.1.2
(1) This division applies to a vehicle or combination
located—
(a) on a road or road related area; or
(b) in or on a public place; or
(c) at premises occupied or owned by the Territory; or
(d) at premises where a police officer or authorised person is lawfully
present after entry under section 333 (Power to enter premises, vehicles
and combinations).
(2) This division applies to the driver of a vehicle or combination who is
apparently in or near the vehicle or combination.
Note 1 How a direction may be given is dealt with in
s 327.
Note 2 General provisions about directions are in div
3.1.5.
309 Directions
to stop vehicles and combinations
(1) A police officer or authorised person may, to exercise a function
under an Australian heavy vehicle road law, direct—
(a) a driver of a heavy vehicle or heavy combination to stop the vehicle
or combination; or
(b) a driver of a heavy vehicle or heavy combination, or anyone else, not
to do 1 or more of the following:
(i) move the vehicle or combination;
(ii) interfere with the vehicle or combination or any equipment in the
vehicle or combination;
(iii) interfere with the load in the vehicle or combination.
(2) A direction to stop a heavy vehicle or heavy combination may require
that the vehicle or combination be stopped—
(a) without delay; or
(b) at the nearest place that the vehicle or combination can be safely
stopped as indicated by the police officer or authorised person.
(3) A direction to a driver or other person, does not prevent a police
officer or authorised person from giving the driver or other person a later
inconsistent direction under another provision of an Australian heavy vehicle
road law.
(4) A direction to a driver or other person ceases to be operative to the
extent that a police officer or authorised person—
(a) gives the driver or other person a later inconsistent direction;
or
(b) indicates to the driver or other person that the direction is no
longer operative.
(5) A police officer or authorised person may direct a vehicle to be
stopped only for the amount of time necessary for the police officer or
authorised person to exercise the function.
(6) In this section:
stop a heavy vehicle or heavy combination means stop the
vehicle or combination and keep the vehicle or combination stationary.
Note 1 This section only applies to vehicles and combinations in
some locations (see s 308).
Note 2 If the driver fails to comply with the direction, the driver
may be directed to leave the vehicle or combination
(see s 315).
Note 3 How a direction may be given is dealt with in
s 327.
Note 4 General provisions about directions are in div
3.1.5.
310 Offence—fail
to comply with direction to stop vehicle or combination
(1) A person commits an offence if—
(a) the person is subject to a direction under section 309;
and
(b) the direction has not ceased to be operative under
section 309 (4); and
(c) the person fails to comply with the direction.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability
offence.
311 Directions
to move vehicles and combinations—exercise of other
power
(1) A police officer or authorised person may, to exercise another power
under an Australian heavy vehicle road law, direct the driver or operator of a
heavy vehicle or heavy combination to move the vehicle or combination, or cause
the vehicle or combination to be moved, to the nearest suitable location, within
the maximum distance, that is stated by the officer or person.
(2) In this section:
maximum distance means a distance (in any direction) within a
radius of 30km of—
(a) the location of the vehicle or combination when the direction is
given; or
(b) any point along the forward route of the journey, if the direction is
given during a journey of the vehicle or combination.
suitable location, for a police officer or authorised officer
giving a direction, means a location that the police officer or authorised
person believes on reasonable grounds to be suitable for complying with the
direction, having regard to any matters the officer or person considers relevant
in the circumstances.
Note 1 This section only applies to vehicles and combinations in
some locations (see s 308).
Note 2 If the driver fails to comply with the direction, the driver
may be directed to leave the vehicle or combination
(see s 315).
Note 3 How a direction may be given is dealt with in
s 327.
Note 4 General provisions about directions are in div
3.1.5.
312 Offence—fail
to comply with direction to move vehicle or combination—exercise of other
power
(1) A person commits an offence if the person—
(a) is subject to a direction under section 311; and
(b) fails to comply with the direction.
Maximum penalty: 50 penalty units.
Note The registered operator may be taken to have committed this
offence if the registered operator does not give the road transport authority
the name of the operator of the vehicle or combination
(see s 403).
(2) An offence against this section is a strict liability
offence.
(3) This section does not apply to a defendant if—
(a) it was not practicable for the defendant to move the vehicle or
combination because the vehicle or combination was broken-down; and
(b) the breakdown happened for a physical reason beyond the
defendant’s control; and
(c) the breakdown could not be readily rectified in a way that would allow
the direction to be complied with within a reasonable time.
Note The defendant has an evidential burden in relation to the
matters mentioned in s (3) (see Criminal Code, s 58).
313 Directions
to move vehicles and combinations—harm or obstruction
(1) This section applies if a police officer or authorised person believes
on reasonable grounds that a vehicle or combination is—
(a) causing serious harm, or creating an imminent risk of serious harm, to
public safety, the environment or road infrastructure; or
(b) causing, or likely to cause, an obstruction to traffic.
(2) The police officer or authorised person may direct the driver or
operator of the vehicle or combination to do either or both of the
following:
(a) to move the vehicle or combination, or cause the vehicle or
combination to be moved, to the extent necessary to avoid the harm or
obstruction;
(b) to do anything else reasonably required by the officer or person, or
to cause anything else reasonably required by the officer or person to be done,
to avoid the harm or obstruction.
Note 1 This section only applies to vehicles and combinations in
some locations (see s 308).
Note 2 If the driver fails to comply with the direction, the driver
may be directed to leave the vehicle or combination
(see s 315).
Note 3 How a direction may be given is dealt with in
s 327.
Note 4 General provisions about directions are in div
3.1.5.
314 Offence—fail
to comply with direction to move vehicle or combination—harm or
obstruction
(1) A person commits an offence if the person—
(a) is subject to a direction under section 313; and
(b) fails to comply with the direction.
Maximum penalty: 50 penalty units.
Note The registered operator may be taken to have committed this
offence if the registered operator does not give the road transport authority
the name of the operator of the vehicle or combination
(see s 403).
(2) An offence against this section is a strict liability
offence.
(3) This section does not apply to a defendant who is given a direction
under section 313 (2) (a) if—
(a) it was not practicable for the defendant to move the vehicle or
combination because the vehicle or combination was broken-down; and
(b) the breakdown happened for a physical reason beyond the
defendant’s control; and
(c) the breakdown could not be readily rectified in a way that would allow
the direction to be complied with within a reasonable time.
Note The defendant has an evidential burden in relation to the
matters mentioned in s (3) (see Criminal Code, s 58).
315 Directions
to leave vehicles and combinations
(1) This section applies if—
(a) the driver of a heavy vehicle or heavy combination fails to comply
with a direction given by a police officer or authorised person
under—
(i) section 309 (Directions to stop vehicles and combinations);
or
(ii) section 311 (Directions to move vehicles and
combinations—exercise of other power); or
(iii) section 313 (Directions to move vehicles and
combinations—harm or obstruction); or
(b) a police officer or authorised person believes on reasonable grounds
that the driver of a vehicle or combination is not qualified, is not fit or is
not authorised to drive the vehicle or combination in order to comply with the
direction.
Note Qualified to drive a vehicle or
combination—see s 301.
Fit to drive a vehicle
or combination—see s 302.
Authorised to drive a
vehicle or combination—see s 303.
(2) The police officer or authorised person may direct the driver to do
1 or more of the following:
(a) to vacate the driver’s seat;
(b) to leave the vehicle or combination;
(c) not to occupy the driver’s seat until allowed to do so by a
police officer or authorised person;
(d) not to enter the vehicle or combination until allowed to do so by a
police officer or authorised person.
(3) The police officer or authorised person may direct anyone else to do
either or both of the following:
(a) to leave the vehicle or combination;
(b) not to enter the vehicle or combination until allowed to do so by a
police officer or authorised person.
Note 1 This section only applies to vehicles and combinations in
some locations (see s 308).
Note 2 How a direction may be given is dealt with in
s 327.
Note 3 General provisions about directions are in div
3.1.5.
316 Offence—fail
to comply with direction to leave vehicle or combination
(1) A person commits an offence if the person—
(a) is subject to a direction under section 315; and
(b) fails to comply with the direction.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability
offence.
Division
3.1.3 Power to move unattended and
broken-down vehicles and combinations
317 Moving
unattended vehicles and combinations—exercise other
functions
(1) This section applies if a police officer or authorised
person—
(a) believes on reasonable grounds that a vehicle or combination is
unattended on a road or road related area; and
(b) is seeking to exercise a function
under an Australian heavy vehicle road law; and
(c) believes on reasonable grounds that the vehicle or combination should
be moved to allow or facilitate the exercise of the
function.
(2) The police officer or authorised person may move the vehicle or
combination (by driving or towing the vehicle or combination or otherwise) to
the extent reasonably necessary to allow or facilitate the exercise of the
function.
(3) Also, the police officer or authorised
person may authorise someone else (an authorised assistant) to
move the vehicle or combination (by driving or towing the vehicle or combination
or otherwise) to the extent reasonably necessary to allow or facilitate the
exercise of the function.
(4) The police officer, authorised person or authorised assistant may
enter the vehicle or combination to move the vehicle or combination.
(5) The police officer, authorised person or authorised assistant may use
reasonable force to do 1 or more of the following:
(a) to open unlocked doors and other unlocked panels and
objects;
(b) to gain access to the vehicle or combination, or its engine or other
mechanical components, to allow the vehicle or combination to be
moved;
(c) to allow the vehicle or combination to be towed.
Note Only a police officer may use force against a person
(see s 364).
(6) The police officer, authorised person or authorised assistant may
drive the vehicle or combination only if qualified and fit to drive the vehicle
or combination.
Note Qualified to drive a vehicle or
combination—see s 301.
Fit to drive a vehicle
or combination—see s 302.
318 Moving
unattended and broken-down vehicles and combinations—harm or
obstruction
(1) This section applies if a police officer or authorised person believes
on reasonable grounds that—
(a) a vehicle or combination on a road or road related area is unattended
or broken-down; and
(b) the vehicle or combination is—
(i) causing serious harm, or creating an imminent risk of serious harm, to
public safety, the environment or road infrastructure; or
(ii) causing or likely to cause an obstruction to traffic.
(2) The police officer or authorised person may move the vehicle or
combination, or any vehicle forming part of the combination, (by driving or
towing the vehicle or combination or otherwise) to the extent reasonably
necessary to avoid the danger or obstruction.
(3) Also, the police officer or authorised person may authorise someone
else (an authorised assistant) to move the vehicle or combination
(by driving or towing the vehicle or combination or otherwise) to the extent
reasonably necessary to avoid the danger or obstruction.
(4) The police officer, authorised person or authorised assistant
may—
(a) enter the vehicle or combination to move the vehicle or combination;
or
(b) separate 1 or more of the vehicles forming part of the combination to
move 1 or more of the vehicles.
(5) The police officer, authorised person or authorised assistant may use
reasonable force to the extent reasonably necessary to avoid the harm or
obstruction.
Note Only a police officer may use force against a person
(see s 364).
(6) If a police officer, authorised person or authorised assistant moves a
vehicle or combination under this section, the officer, person or assistant must
tell the registered operator of the vehicle or combination where the vehicle or
combination has been moved to.
319 Moving
unattended and broken-down vehicles and combinations—harm or
obstruction—driver need not be qualified or licensed
(1) This section applies if a police officer, authorised person or
authorised assistant may move a vehicle or combination under
section 318.
(2) The police officer or authorised person may drive the vehicle or
combination even though the officer or person is not qualified to drive the
vehicle or combination, if the officer or person believes on reasonable grounds
that there is no one else in or near the vehicle or combination who is more
capable of driving it than the officer or person and who is fit and willing to
drive it.
Note Qualified to drive a vehicle or
combination—see s 301.
Fit to drive a vehicle
or combination—see s 302.
(3) The authorised assistant may drive the vehicle or combination even
though the person is not qualified to drive the vehicle or combination, if the
police officer or authorised person believes on reasonable grounds that there is
no one else in or near the vehicle or combination who is more capable of driving
it than the person and who is fit and willing to drive it.
(4) If a police officer, authorised person or authorised assistant is
driving a vehicle or combination under this section, other provisions of the
road transport legislation do not apply to the officer, person or assistant to
the extent that the other provisions require the officer, person or assistant to
be licensed or otherwise authorised to drive the vehicle or
combination.
Note 1 Authorised to drive a vehicle or
combination—see s 303.
Note 2 The defendant has an evidential burden in relation to the
matters mentioned in s (4) (see Criminal Code, s 58).
Note 3 Licensing of drivers is dealt with in the Road Transport
(Driver Licensing) Act 1999 (see especially s 31).
320 Driving
vehicles and combinations—div 3.1.3—driver need not be
authorised
It is immaterial that a police officer, authorised person or authorised
assistant driving a vehicle or combination under this division is not authorised
to drive the vehicle or combination.
Note Authorised to drive a vehicle or
combination—see s 303.
Division
3.1.4 Directions to provide records,
information, etc
Note The Road Transport (General) Act 1999, s 58 also
contains directions about a police officer or authorised person requiring the
driver of a vehicle to state the driver’s name and address and produce the
driver’s driver licence.
321 Directions
to produce records, devices, etc
(1) A police officer or authorised person may, for compliance purposes,
direct a responsible person for a heavy vehicle or heavy combination to
produce—
(a) a record required to be kept under an Australian heavy vehicle road
law; or
(b) a record comprising transport documentation or journey documentation
in the person’s possession or under the person’s control;
or
(c) a record, device or other thing that contains or may contain a record,
in the person’s possession, or under the person’s control, relating
to or indicating—
(i) the use, performance or condition of a vehicle or combination;
or
(ii) ownership, insurance or registration of a vehicle or combination;
or
(iii) a load or equipment carried, or intended to be carried, by a vehicle
or combination (including insurance of the load or equipment); or
(d) a record, devices or other thing that contains or may contain a
record, in the person’s possession or under the person’s control,
demonstrating that a vehicle’s garage address recorded in the relevant
register is the vehicle’s actual garage address.
Note Section 307 defines when a power to give a direction to a
person is exercised for compliance purposes.
(2) The direction must state—
(a) the record, device or other thing that is to be produced;
and
(b) where and to whom the record, device or other thing is to be
produced.
Note Section 328 deals with the time for
compliance.
(3) The police officer or authorised person may do 1 or more of the
following:
(a) inspect records, devices or other things that are produced;
(b) make copies of, or take extracts from, records, devices or other
things that are produced;
(c) seize and remove records, devices or other things that are produced
that the officer or person believes on reasonable grounds may on further
inspection provide evidence of an Australian heavy vehicle road law
offence.
Note 1 For s (3) (c), a record, device or other thing seized under
this chapter, or information obtained under this chapter, may, for law
enforcement purposes, be given to a public authority of another jurisdiction
(see s 504).
Note 2 General provisions about directions are in div
3.1.5.
322 Offence—fail
to comply with direction to produce records, devices, etc
(1) A person commits an offence if the person—
(a) is subject to a direction under section 321; and
(b) fails to comply with the direction.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability
offence.
(3) This section does not apply to a person if the person has a reasonable
excuse for failing to comply with the direction.
Note The defendant has an evidential burden in relation to the
matters mentioned in s (3) (see Criminal Code, s 58).
323 Direction
to give name etc
(1) This section applies if a police officer or authorised person suspects
on reasonable grounds that a person whose personal details are unknown to the
police officer or authorised person—
(a) is or may be a responsible person for a heavy vehicle or heavy
combination; or
(b) has committed, is committing or is about to commit an Australian heavy
vehicle road law offence; or
(c) may be able to assist in the investigation of an Australian heavy
vehicle road law offence or a suspected Australian heavy vehicle road law
offence; or
(d) is or may be the driver or other person in charge of a heavy vehicle
or heavy combination that has been, or may have been, involved in an incident
involving death or personal injury or damage to property.
(2) The police officer or authorised person may direct the person to give
the police officer or authorised person, immediately, any of the person’s
personal details.
(3) If the police officer or authorised person suspects on reasonable
grounds that a personal detail given by a person in response to a direction
under subsection (2) is false or misleading, the police officer or
authorised person may direct the person to produce evidence immediately of the
correctness of the detail.
(4) If an authorised officer gives a direction under this section to a
person, the officer must tell the person that it is an offence if the person
fails to comply with the direction.
(5) This section does not affect any other provision of this Act or any
other territory law that requires a person to state or provide any personal
details.
Note General provisions about directions are in div 3.1.5.
(6) In this section:
personal details, for a person, means—
(a) the person’s full name and date of birth; and
(b) the address of where the person is living; and
(c) the address of where the person usually lives; and
(d) the person’s business address.
324 Offence—fail
to comply with direction to give name etc
(1) A person commits an offence if the person—
(a) is subject to a direction under section 323 (2) or (3);
and
(b) fails to comply with the direction.
Maximum penalty: 50 penalty units.
Note It is an offence to make a false or misleading statement or
give false or misleading information (see Criminal Code, pt 3.4).
(2) An offence against this section is a strict liability
offence.
(3) This section does not apply to a person if the police officer or
authorised person did not, before giving the direction, warn the defendant that
failure to comply with the direction is an offence.
Note The defendant has an evidential burden in relation to the
matters mentioned in s (3) (see Criminal Code, s 58).
(4) This section does not apply to a person who fails to comply with a
direction to give the person’s business address if—
(a) the person did not have a business address at the time the direction
was given; or
(b) the person’s business address was not connected (directly or
indirectly) with road transport involving vehicles or combinations.
Note The defendant has an evidential burden in relation to the
matters mentioned in s (4) (see Criminal Code, s 58).
325 Directions
to provide information
(1) A police officer or authorised person may, for compliance purposes,
direct a responsible person for a heavy vehicle or heavy combination to provide
information to the officer or person about a vehicle or combination or any load
or equipment carried, or intended to be carried, by a vehicle or
combination.
Note 1 Section 307 defines when a power to give a direction to
a person is exercised for compliance purposes.
Note 2 It is an offence to make a false or misleading statement or
give false or misleading information (see Criminal Code, pt 3.4).
(2) Without limiting subsection (1), a direction may require a
responsible person for a heavy vehicle or heavy combination to do any of the
following:
(a) to state the name, home address and business address
of—
(i) other responsible people for the vehicle or combination; and
(ii) for a combination—the registered operator of each vehicle in
the combination;
(b) to provide information about the current or intended journey of the
vehicle or combination, including—
(i) the location of the start or intended start of the journey;
and
(ii) the route or intended route of the journey; and
(iii) the location of the destination or intended destination of the
journey.
Note General provisions about directions are in div 3.1.5.
326 Offence—fail
to comply with direction to provide information
(1) A person commits an offence if the person—
(a) is subject to a direction under section 325; and
(b) fails to comply with the direction.
Maximum penalty: 50 penalty units.
Note It is an offence to make a false or misleading statement or
give false or misleading information (see Criminal Code, pt 3.4).
(2) An offence against this section is a strict liability
offence.
(3) This section does not apply to a person if the person did not know,
and could not be reasonably expected to know or find out, the information
required under the direction.
Note The defendant has an evidential burden in relation to the
matters mentioned in s (3) (see Criminal Code, s 58).
(4) This section does not apply to a person who fails to comply with a
direction to give someone else’s business address if—
(a) the other person did not have a business address at the time the
direction was given; or
(b) the other person’s business address was not connected (directly
or indirectly) with road transport involving vehicles or combinations.
Note The defendant has an evidential burden in relation to the
matters mentioned in s (4) (see Criminal Code, s 58).
Division
3.1.5 Provisions about
directions
327 How
directions may be given
(1) A direction under division 3.1.2 may be given to a driver or other
person—
(a) orally; or
(b) by means of a sign or signal (electronic or otherwise); or
(c) in any other way.
(2) A direction under division 3.1.2 may be given to an
operator—
(a) orally; or
(b) by telephone, facsimile, email or radio; or
(c) in any other way.
(3) A direction under section 323 (Direction to give name etc) may be
given—
(a) orally; or
(b) in writing.
(4) A direction under any other provision of this chapter may be
given—
(a) orally; or
(b) in writing; or
(c) by post, telephone, facsimile, email, radio; or
(d) in any other way.
328 Directions
to state time for compliance
(1) If given orally, a direction under this chapter must state whether the
direction is to be complied with immediately or within a stated
period.
(2) If given in writing, a direction under this chapter must state the
period within which the direction is to be complied with.
(3) This section does not apply to a direction under section 323
(Directions to give name etc).
329 Amendment
and revocation of directions and conditions
(1) An authorised person may amend or revoke a direction given, or
conditions imposed, by an authorised person under this Act.
(2) A police officer may amend or revoke a direction given, or conditions
imposed, by a police officer under this Act.
(3) To remove any doubt, this section does not apply in relation
to—
(a) amendment of an improvement notice under section 197 (Amendment
of improvement notices); or
(b) cancellation of an improvement notice under section 198
(Cancellation of improvement notices); or
(c) withdrawal of a formal warning under section 201 (Withdrawal of
formal warnings).
330 Directions
may be given under more than 1 provision
(1) A police officer or authorised person may, on the same occasion, give
directions under 1 or more provisions of this chapter.
(2) Without limiting subsection (1), a police officer or authorised
person may, in the course of exercising powers under a provision of this
chapter, give—
(a) further directions under the provision; and
(b) directions under 1 or more other provisions of this chapter.
331 Protection
from incrimination
(1) A person is not excused from a requirement to comply with a direction
under this chapter on the ground that complying with the requirement might
incriminate the person or make the person liable to a penalty.
(2) However, the following is not admissible in evidence against the
person in a criminal proceeding (except a proceeding for an offence against this
chapter):
(a) a statement made or any information or answer given or provided by an
individual in compliance with a direction under this chapter;
(b) information directly or indirectly derived from a statement,
information or answer mentioned in paragraph (a).
(3) Any document produced by a person in compliance with a direction under
this chapter is not inadmissible in evidence against the person in a criminal
proceeding on the ground that the document might incriminate the
person.
Note The Legislation Act, s 170 deals with the application of the
privilege against selfincrimination.
Part
3.2 Enforcement
powers
Note 1 This part authorises—
(a) premises of operators and a range of other premises to be inspected
and searched; and
(b) vehicles or
combinations to be inspected in the premises and on roads, road related areas,
public places and some official premises.
Note 2 Other enforcement powers are in div 2.2.3.
Note 3 Div 3.1.2 (Directions to stop, move and leave heavy vehicles
and heavy combinations) applies to a vehicle or combination located at premises
if a police officer or authorised person is lawfully present after entry under
this division.
Division
3.2.1 Preliminary
In this part:
connected—a thing is connected with an
offence if—
(a) the offence has been committed in relation to it; or
(b) it will provide evidence of the commission of the offence;
or
(c) it was used, is being used, or is intended to be used, to commit the
offence.
occupier, of premises, a vehicle or combination,
includes—
(a) a person believed on reasonable grounds to be an occupier of the
premises, vehicle or combination; and
(b) a person apparently in charge of the premises, vehicle or
combination.
offence includes an offence that there are reasonable grounds
for believing has been, is being, or will be, committed.
warrant means a warrant issued under division 3.2.4 (Search
warrants).
Division
3.2.2 Powers of authorised
people
333 Power
to enter premises, vehicles and combinations
(1) For this Act, a police officer or authorised person
may—
(a) at any reasonable time, enter premises, a vehicle or combination, that
the public is entitled to use or that are open to the public (whether or not on
payment of money); or
(b) at any reasonable time, enter premises—
(i) where a responsible person for a heavy vehicle or heavy combination
carries on business; or
(ii) that are occupied by a responsible person for a heavy vehicle or
heavy combination for the business; or
(iii) that are a registered office of a responsible person for a heavy
vehicle or heavy combination; or
Note Responsible person, for a heavy vehicle or heavy
combination—see s 12.
(c) at any reasonable time, enter premises at the garage address of a
vehicle or combination; or
(d) at any reasonable time, enter premises at the base of the driver or
drivers of a vehicle or combination; or
Note Base, of a driver of a vehicle or
combination—see s 10.
(e) at any reasonable time, enter premises where—
(i) records required to be kept under an Australian heavy vehicle road law
or approved road transport compliance scheme are located; or
(ii) the records are required to be located.
(f) at any reasonable time, enter premises where the police officer or
authorised person believes on reasonable grounds that—
(i) a vehicle or combination is or has been located; or
(ii) transport documentation or journey documentation is
located.
(g) at any reasonable time, enter premises where the police officer or
authorised person believes on reasonable grounds that there may be records,
devices or other things that may provide evidence of—
(i) an Australian heavy vehicle road law offence; or
(ii) the commission of a breach of an approved road transport compliance
scheme; or
(h) at any time, enter premises where the police officer or authorised
person believes on reasonable grounds that—
(i) a vehicle or combination has been, or may have been, involved in an
incident involving death or personal injury or damage to property; and
(ii) the vehicle or combination, or any part of its equipment or load, is
connected (directly or indirectly) with the premises.
(i) at any time, enter premises, a vehicle or combination, with the
occupier’s consent; or
(j) enter premises, a vehicle or combination in accordance with a search
warrant.
Note Authorised people are appointed under the Road Transport
(General) Act 1999, s 19.
(2) However, subsection (1) authorises entry into a vehicle or
combination (whether or not the vehicle or combination is unattended) only if
the vehicle or combination is—
(a) on a road or road related area; or
(b) in or on a public place; or
(c) in or on any premises occupied or owned by the territory.
(3) Also, subsection (1) (a) to (h) does not authorise entry
into a part of premises that is being used for residential purposes.
(4) A police officer or authorised person may, without the consent of the
occupier of premises, a vehicle or combination, enter land around the premises,
vehicle or combination to ask for consent to enter the premises, vehicle or
combination.
(5) To remove any doubt, a police officer or authorised person may enter
premises, a vehicle or combination under subsection (1) without payment of
an entry fee or other charge.
(6) In this section:
at any reasonable time includes at any time when the public
is entitled to use the premises, vehicle or combination, or when the premises,
vehicle or combination are open to or used by the public (whether or not on
payment).
334 Production
of identity card
A police officer or authorised person must not remain at premises or in a
vehicle or combination entered under this part if the police officer or
authorised person does not produce his or her identity card when asked by the
occupier.
Note Identity cards for authorised people are provided for in the
Road Transport (General) Act 1999, s 20.
(1) When seeking the consent of an occupier of premises, a vehicle or
combination to enter the premises, a vehicle or combination under
section 333 (1) (i), a police officer or authorised person
must—
(a) produce his or her identity card; and
(b) tell the occupier—
(i) the purpose of the entry; and
(ii) that anything found and seized under this part may be used in
evidence in court; and
(iii) that consent may be refused.
(2) If the occupier consents, the police officer or authorised person must
ask the occupier to sign a written acknowledgment (an acknowledgement of
consent)—
(a) that the occupier was told—
(i) the purpose of the entry; and
(ii) that anything found and seized under this part may be used in
evidence in court; and
(iii) that consent may be refused; and
(b) that the occupier consented to the entry; and
(c) stating the time and date when consent was given.
(3) If the occupier signs an acknowledgment of consent, the police officer
or authorised person must immediately give a copy to the occupier.
(4) A court must find that the occupier did not consent to entry to the
premises, a vehicle or combination by the police officer or authorised person
under this part if—
(a) the question arises in a proceeding in the court whether the occupier
consented to the entry; and
(b) an acknowledgment of consent is not produced in evidence;
and
(c) it is not proved that the occupier consented to the entry.
336 General
powers on entry to premises, vehicles and combinations
(1) A police officer or authorised person who enters premises, a vehicle
or combination under this part may, for this Act, do 1 or more of the following
in relation to the premises, vehicle or combination or anything in the premises,
vehicle or combination:
(a) inspect or examine;
(b) take measurements or conduct tests;
(c) take samples;
(d) take photographs, films, or audio, video or other
recordings.
Note The Legislation Act, s 170 and s 171 deal with the application
of the privilege against self incrimination and client legal
privilege.
(2) Without limiting subsection (1), the power to inspect premises
under this section includes the following:
(a) the power to inspect and take copies of or extracts from a record
located at the premises and required to be kept under a heavy vehicle road law
or approved road transport compliance scheme;
(b) the power to check the existence of, and inspect, a device (including
weighing, measuring, recording or monitoring device) required to be installed,
used or maintained under a heavy vehicle road law or approved road transport
compliance scheme, and to inspect and take copies of, or extracts from, a
readout or other data obtained from the device;
(c) the power to exercise, for a vehicle or combination located at the
premises, any power that may be exercised during an inspection of a vehicle or
combination under subsection (3);
(d) the power to use photocopying equipment on the premises to copy a
record or other material.
(3) Without limiting subsection (1), the power to inspect a vehicle or
combination under this section includes the following:
(a) the power to weigh, test, measure or take photographs of the vehicle
or combination or any part of it or its equipment or load;
(b) the power to check the existence or details of, or take photographs
of, placards or other information required under a heavy vehicle road law or
approved road transport compliance scheme to be displayed in the vehicle or
combination, including placards or other information relating to its
specifications, capabilities or legal entitlements;
(c) the power to inspect and take copies of, or extracts from, any record
that is located in the vehicle or combination and that is required to be carried
in the vehicle or combination under a heavy vehicle road law or approved road
transport compliance scheme;
(d) the power to access or download information that is required to be
kept under a heavy vehicle road law or approved road transport compliance scheme
and that is—
(i) stored electronically in equipment located in the vehicle;
or
(ii) accessible electronically from equipment located in the
vehicle.
(4) This section does not authorise the use of force, but the police
officer or authorised person may, under this section, do 1 or more of the
following:
(a) open unlocked doors and other unlocked panels and objects;
(b) inspect anything that has been opened or otherwise accessed under the
power to use reasonable force in the exercise of a power to enter or move a
vehicle or combination under division 3.1.3 (Power to move unattended and
broken-down vehicles and combinations);
(c) move but not take away anything that is not locked up or
sealed.
337 Directions
to give assistance
(1) A police officer or authorised person may direct a responsible person
for a heavy vehicle or heavy combination to give assistance to the officer or
person to allow the officer or person effectively to exercise a power under this
part.
(2) Without limiting subsection (1), the assistance may include
helping the police officer or authorised person to do 1 or more of the
following:
(a) to find and gain access to a record or information relating to a
vehicle or combination, including but not limited to—
(i) a record or information required to be kept in a vehicle or
combination (including a record or information indicating its performance,
specifications, capabilities or legal entitlements); or
(ii) a record or information (including a record or information relating
to its performance, specifications, capabilities or legal entitlements) in a
useable form to find out its compliance with requirements imposed under an
Australian heavy vehicle road law;
(b) to find and gain access to electronically stored
information;
(c) to weigh or measure—
(i) the whole or any part of a vehicle or combination, including an axle
or axle group; or
(ii) the whole or any part of its equipment or load;
(d) to operate equipment or facilities for a purpose relevant to the power
being or proposed to be exercised;
(e) to give access free of charge to photocopying equipment to copy any
records or other material.
(3) This section authorises the giving of a direction to run the engine of
a vehicle or combination, but not otherwise to drive the vehicle or
combination.
(4) A direction—
(a) can only be given in relation to a power under this part (the
principal power) while the principal power can lawfully be
exercised; and
(b) ceases to be operative if the principal power ceases to be
exercisable.
Note General provisions about directions are in div 3.1.5.
338 Offence—fail
to comply with direction to give assistance
(1) A person commits an offence if the person—
(a) is subject to a direction under section 337; and
(b) fails to comply with the direction.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability
offence.
(3) This section does not apply to a person if—
(a) the direction is unreasonable; or
(b) without limiting paragraph (a), the direction or its subject
matter is outside the scope of the business or other activities of the
person.
Note The defendant has an evidential burden in relation to the
matters mentioned in s (3) (see Criminal Code, s 58).
339 Assistance
with running engine
(1) This section applies if—
(a) a police officer or authorised person gives a responsible person for a
heavy vehicle or heavy combination a direction under section 337 to run the
engine of the vehicle or combination but the responsible person fails to comply
with the direction; or
(b) a police officer or authorised person would give a responsible person
for a heavy vehicle or heavy combination a direction under section 337 to
run the engine of the vehicle or combination but there is no responsible person
who is available or willing to run the engine of the vehicle or
combination.
(2) The police officer or authorised person may—
(a) enter the vehicle or combination and run its engine; or
(b) authorise someone else to enter the vehicle or combination and run its
engine.
340 Protection
for people assisting with running engine
(1) This section applies to a person (an approved person)
who is—
(a) a responsible person for a heavy vehicle or heavy combination who is
given a direction under section 337 to run the engine of a vehicle or
combination; or
(b) a police officer, authorised person, or someone authorised by a police
officer or authorised person, who may, under section 339, run the engine of
a vehicle or combination.
(2) An approved person may run the engine even though the person is not
qualified to drive the vehicle or combination, if the police officer or
authorised person believes on reasonable grounds that there is no other person
in or near the vehicle or combination who is—
(a) more capable of running the engine than the approved person;
and
(b) fit and willing to run the engine.
Note Qualified to drive a vehicle or
combination—see s 301.
Fit to drive a vehicle
or combination—see s 302.
(3) An approved person may use reasonable force to run the
engine.
Note Only a police officer may use force against a person
(see s 364).
(4) It is immaterial that the approved person is not authorised to run the
engine.
Note Authorised to drive a vehicle or
combination—see s 303.
(5) If an approved person is running the engine of a vehicle or
combination under section 339, other provisions of the road transport
legislation do not apply to the approved person to the extent that the other
provisions require the approved person to be licensed or otherwise authorised to
run the engine.
Note 1 The defendant has an evidential burden in relation to the
matters mentioned in s (4) (see Criminal Code, s 58).
Note 2 Licensing of drivers is dealt with in the Road Transport
(Driver Licensing) Act 1999 (see especially s 31).
341 Use
of assistants and equipment
(1) A police officer or authorised person may exercise powers under this
part with the aid of the assistants and equipment that the officer or person
considers reasonably necessary in the circumstances.
(2) Powers that may be exercised by a police officer or authorised person
under this part may be exercised by an assistant authorised and supervised by
the officer or person, but only if the police officer or authorised person
considers that it is reasonably necessary in the circumstances that the powers
be exercised by an assistant.
342 Use
of equipment to examine and process things
(1) Without limiting section 341, an authorised person or police
officer exercising a power under this part may bring to, or onto, premises, a
vehicle or combination any equipment reasonably necessary to examine or process
a thing found at the premises, or in the vehicle or combination, to decide
whether it is a thing that may be seized.
(2) The authorised person or police officer, or a person assisting the
authorised person or police officer, may operate equipment already at the
premises, or in the vehicle or combination, to carry out the examination or
processing of a thing found at the premises, or in the vehicle or combination,
to decide whether it is a thing that may be seized, if the officer or person
assisting believes on reasonable grounds that—
(a) the equipment is suitable for the examination or processing;
and
(b) the examination or processing can be carried out without damage to the
equipment or thing.
343 Use
and seizure of electronic equipment
(1) This section applies if—
(a) a police officer or authorised person enters premises, a vehicle or
combination under section 333 (Power to enter premises, vehicles and
combinations); and
(b) a thing found at premises, or in a vehicle or combination, is, or
includes, a disk, tape or other device for the storage of information;
and
(c) equipment at the premises, or in the vehicle or combination, may be
used with the disk, tape or other storage device; and
(d) the police officer or authorised person believes on reasonable grounds
that the information stored on the disk, tape or other storage device is
relevant to decide whether a person has failed to comply with an Australian
heavy vehicle road law or approved road transport compliance scheme.
(2) The police officer or authorised person, or a person assisting the
police officer or authorised person, may operate the equipment to access the
information.
(3) If the police officer or authorised person, or a person assisting the
officer or person, finds that a disk, tape or other storage device at the
premises, or in the vehicle or combination, contains information of a kind
mentioned in subsection (1) (d), the police officer or authorised person,
or a person assisting the officer or person, may—
(a) put the information in documentary form and seize the documents
produced; or
(b) copy the information to another disk, tape or other storage device and
remove the other storage device from the premises, vehicle or combination;
or
(c) if it is not practicable to put the information in documentary form or
to copy the information, seize the disk, tape or other storage device and the
equipment that allows the information to be accessed.
Note A record, device or other thing seized under this part, or
information obtained under this part, may, for law enforcement purposes, be
given to a public authority of another jurisdiction
(see s 504).
(4) A police officer or authorised person, or a person assisting a police
officer or authorised person, must not operate or seize equipment under this
section unless the police officer or authorised person, or person assisting,
believes on reasonable grounds that the operation or seizure of the equipment
can be carried out without damage to the equipment.
344 Power
to seize things
(1) A police officer or authorised person who enters premises, a vehicle
or combination under this part with the occupier’s consent may seize
anything at the premises, or in the vehicle or combination, if—
(a) the police officer or authorised person is satisfied on reasonable
grounds that the thing is connected with an offence against this Act;
and
(b) seizure of the thing is consistent with the purpose of the entry told
to the occupier when seeking the occupier’s consent.
(2) A police officer or authorised person who enters premises, a vehicle
or combination under a warrant under this part may seize anything at the
premises, or in the vehicle or combination, that the police officer or
authorised person is authorised to seize under the warrant.
(3) A police officer or authorised person who enters premises, a vehicle
or combination under this part (whether with the occupier’s consent, under
a warrant or otherwise) may seize anything at the premises, or in the vehicle or
combination, if satisfied on reasonable grounds that—
(a) the thing is connected with an offence against this Act; and
(b) the seizure is necessary to prevent the thing from
being—
(i) concealed, lost or destroyed; or
(ii) used to commit, continue or repeat the offence.
(4) The powers of a police officer or authorised person under
subsection (3) are additional to the powers of the police officer or
authorised person under subsections (1) and (2) and any other territory
law.
(5) Having seized a thing, a police officer or authorised person may
remove the thing from the premises, vehicle or combination where it was seized
(the place of seizure) to another place.
Note A record, device or other thing seized under this part, or
information obtained under this part, may, for law enforcement purposes, be
given to a public authority of another jurisdiction
(see s 504).
(6) A police officer or authorised person may use reasonable force in the
exercise of functions under this section.
Note Only a police officer may use force against a person
(see s 364).
Division
3.2.3 Embargo
notices
(1) This section applies if—
(a) a police officer or authorised person is authorised to seize something
under this part; and
(b) the thing cannot, or cannot readily, be physically seized and
removed.
(2) The police officer or authorised person may issue a notice (an
embargo notice) forbidding the movement, sale, leasing, transfer,
deletion of information from or other dealing with the thing, or part of the
thing, without the written consent of the police officer or authorised person,
the road transport authority or the chief police officer.
(3) The embargo notice must—
(a) contain the particulars (if any) prescribed by regulation;
and
(b) list the activities that the notice forbids; and
(c) set out a copy of section 347 (Offence—fail to prevent
someone else doing something forbidden by embargo notice).
Note If a form is approved under the Road Transport (General) Act
1999, s 225 for this provision, the form must be used.
(4) The police officer or authorised person issues the
notice—
(a) by giving a copy of the notice to the occupier of the premises vehicle
or combination where the embargoed thing is; or
(b) if the occupier cannot be located after reasonable steps have been
taken to locate the occupier—by attaching a copy of the notice to the
embargoed thing in a prominent position.
(5) Despite anything in any other Act, a sale, lease or transfer or other
dealing with an embargoed thing, or part of an embargoed thing, in contravention
of this section is void.
346 Offence—fail
to comply with embargo notice
(1) A person commits an offence if—
(a) the person knows that an embargo notice is in force for a thing;
and
(b) the person—
(i) does something that is forbidden by the embargo notice; or
(ii) instructs someone else to do something that is forbidden by the
embargo notice.
Maximum penalty: 50 penalty units.
(2) This section does not apply to a person if—
(a) the offence is made up of moving the thing, or part of the thing;
and
(b) the person—
(i) moved the thing, or part of the thing, to protect or preserve the
thing; or
(ii) instructed someone else to move the thing, or part of the thing, to
protect or preserve the thing; and
(c) the person told the police officer or authorised person who issued the
embargo notice about the move, and of the new location of the thing or part of
the thing, within 48 hours after the move.
Note The defendant has an evidential burden in relation to the
matters mentioned in s (2) (see Criminal Code, s 58).
347 Offence—fail
to prevent someone else doing something forbidden by embargo
notice
(1) A person commits an offence if—
(a) an embargo notice has been given to the person; and
(b) the person fails to take reasonable steps to prevent someone else from
doing something forbidden by the notice.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability
offence.
348 Revocation
of embargo notice
An embargo notice in force for a thing must be revoked if, had the thing
been seized under this part, it would have to be returned to its owner, or
reasonable compensation paid by the Territory to the owner for its loss, under
section 357 (Return of things seized).
Division
3.2.4 Search
warrants
(1) A police officer or authorised person may apply to a magistrate for a
warrant to enter premises, a vehicle or combination.
(2) The application must be sworn and state the grounds on which the
warrant is sought.
Note Swear an oath includes make an affirmation (see Legislation
Act, dict, pt 1, def swear).
(3) The magistrate may refuse to consider the application until the police
officer or authorised person gives the magistrate all the information the
magistrate requires about the application in the way the magistrate
requires.
(4) The magistrate may issue a warrant only if satisfied there are
reasonable grounds for suspecting—
(a) there is a particular thing or activity connected with an offence
against an Australian heavy vehicle road law; and
(b) the thing or activity—
(i) is, or is being engaged in, at the premises or in the vehicle or
combination; or
(ii) may be, or may be engaged in, at the premises or in the vehicle or
combination within the next 3 days; and
(c) a vehicle or combination has been, or may have been, involved in an
incident involving death or personal injury or damage to property
and—
(i) the vehicle or combination is, or has been, located at the premises;
or
(ii) the premises are, or may be, connected (directly or indirectly) with
the vehicle or combination or any part of the vehicle’s, or
combination’s, equipment or load.
(5) The warrant must state—
(a) that a police officer or authorised person may, with any necessary
assistance and force, enter the premises, vehicle or combination and exercise
the police officer’s or authorised person’s powers under this part;
and
Note Only a police officer may use force against a person
(see s 364).
(b) the offence or incident for which the warrant is issued; and
(c) the things that may be seized under the warrant; and
(d) the hours when the premises, vehicle or combination may be entered;
and
(e) the date, within 3 days after the day of the warrant’s
issue, the warrant ends.
(6) Without limiting a police officer’s or authorised person’s
powers under this part, the power to search premises under this section includes
the following:
(a) the power to search for evidence of a heavy vehicle road law offence
or a breach of an approved road transport compliance scheme;
(b) the power to search for and inspect any record, device or other thing
that relates to a vehicle or combination or any part of its equipment or load
and that is located at the premises;
(c) the power to take copies of, or extracts from, the
following:
(i) a record that is located at the premises and is required to be kept
under a heavy vehicle road law or approved road transport compliance
scheme;
(ii) transport documentation or journey documentation located at the
premises;
(iii) any other record, or readout or other data obtained from a device or
thing, located at the premises that the officer or person believes on reasonable
grounds provides, or may on further inspection provide, evidence of a heavy
vehicle road law offence or a breach of an approved road transport compliance
scheme;
(d) the power to use photocopying equipment on the premises to copy a
record or other material;
(e) the power to exercise, for a vehicle or combination located at the
premises, any power that may be exercised during a search of a vehicle or
combination under subsection (7);
(f) a power that may be exercised during an inspection of premises under
section 336 (2).
(7) Without limiting a police officer’s or authorised person’s
powers under this part, the power to search a vehicle or combination under this
section includes the following:
(a) the power to search for evidence of a heavy vehicle road law offence
or a breach of an approved road transport compliance scheme;
(b) the power to search for and inspect any record, device or other thing
that relates to the vehicle or combination or any part of its equipment or load
and that is located in the vehicle or combination;
(c) the power to take copies of, or extracts from, the
following:
(i) a record that is located in the vehicle or combination and that is
required to be carried in the vehicle or combination under a heavy vehicle road
law or an approved road transport compliance scheme;
(ii) transport documentation or journey documentation located in the
vehicle or combination;
(iii) any other record, or a readout or other data obtained from a device
or thing, located in the vehicle or combination that the officer or person
believes on reasonable grounds provides, or may on further inspection provide,
evidence of a heavy vehicle road law offence or a breach of an approved road
transport compliance scheme;
(d) a power that may be exercised during an inspection of a vehicle or
combination under section 336 (3).
(8) In this section:
connected—an activity is connected with
an offence if—
(a) the offence has been committed by engaging or not engaging in it;
or
(b) it will provide evidence of the commission of the offence.
350 Warrants—application
made other than in person
(1) A police officer or authorised person may apply for a warrant by
phone, fax, email, radio or other form of communication if the police officer or
authorised person considers it necessary because of—
(a) urgent circumstances; or
(b) other special circumstances.
(2) Before applying for the warrant, the police officer or authorised
person must prepare an application stating the grounds on which the warrant is
sought.
(3) The police officer or authorised person may apply for the warrant
before the application is sworn.
(4) After issuing the warrant, the magistrate must immediately fax a copy
to the police officer or authorised person if it is practicable to do
so.
(5) If it is not practicable to fax a copy to the police officer or
authorised person—
(a) the magistrate must tell the police officer or authorised
person—
(i) the terms of the warrant; and
(ii) the date and time the warrant was issued; and
(b) the police officer or authorised person must complete a form of
warrant (the warrant form) and write on it—
(i) the magistrate’s name; and
(ii) the date and time the magistrate issued the warrant; and
(iii) the warrant’s terms.
(6) The faxed copy of the warrant, or the warrant form properly completed
by the police officer or authorised person, authorises the entry and the
exercise of the police officer’s or authorised person’s powers under
this part.
(7) The police officer or authorised person must, at the first reasonable
opportunity, send to the magistrate—
(a) the sworn application; and
(b) if the police officer or authorised person completed a warrant
form—the completed warrant form.
(8) On receiving the documents, the magistrate must attach them to the
warrant.
(9) A court must find that a power exercised by the police officer or
authorised person was not authorised by a warrant under this section
if—
(a) the question arises in a proceeding in the court whether the exercise
of power was authorised by a warrant; and
(b) the warrant is not produced in evidence; and
(c) it is not proved that the exercise of power was authorised by a
warrant under this section.
351 Search
warrants—announcement before entry
(1) A police officer or authorised person must, before anyone enters
premises, a vehicle or combination under a search warrant—
(a) announce that the officer or person is authorised to enter the
premises, vehicle or combination; and
(b) give anyone at the premises, or in the vehicle or combination, an
opportunity to allow entry to the premises, vehicle or combination;
and
(c) if the occupier of the premises, vehicle or combination, or someone
else who apparently represents the occupier, is present at the premises, or in
the vehicle or combination—identify himself or herself to the
person.
(2) The police officer or authorised person is not required to comply with
subsection (1) if the officer or person believes on reasonable grounds that
immediate entry to the premises, vehicle or combination is required to
ensure—
(a) the safety of anyone (including the officer or person or any person
assisting); or
(b) that the effective execution of the warrant is not
frustrated.
352 Details
of search warrant to be given to occupier etc
If the occupier of premises, a vehicle or combination, or someone else who
apparently represents the occupier, is present at the premises, or in the
vehicle or combination, while a search warrant is being executed, the police
officer or authorised person or a person assisting must make available to the
person—
(a) a copy of the warrant; and
(b) a document setting out the rights and obligations of the
person.
353 Occupier
entitled to be present during search etc
(1) If the occupier of premises, a vehicle or combination, or someone else
who apparently represents the occupier, is present at the premises, or in the
vehicle or combination while a search warrant is being executed, the person is
entitled to observe the search being conducted.
(2) However, the person is not entitled to observe the search
if—
(a) to do so would impede the search; or
(b) the person is under arrest, and allowing the person to observe the
search being conducted would interfere with the objectives of the
search.
(3) This section does not prevent 2 or more areas of the premises, vehicle
or combination being searched at the same time.
Division
3.2.5 Return and forfeiture of things
seized
354 Receipt
for things seized
(1) As soon as practicable after a police officer or authorised person
seizes a thing under this part, the police officer or authorised person must
give a receipt for it to the person from whom it was seized.
(2) If, for any reason, it is not practicable to comply with
subsection (1), the police officer or authorised person must leave the
receipt, secured conspicuously, at the place of seizure under section 344
(Power to seize things).
(3) A receipt under this section must include the following:
(a) a description of the thing seized;
(b) an explanation of why the thing was seized;
(c) the police officer’s or authorised person’s name, and how
to contact the police officer or authorised person;
(d) if the thing is moved from the premises, vehicle or combination where
it is seized—where the thing is to be taken.
355 Moving
things to another place for examination or processing under search
warrant
(1) A thing found at premises, or in a vehicle or combination, entered
under a search warrant may be moved to another place for examination or
processing to decide whether it may be seized under the warrant
if—
(a) both of the following apply:
(i) there are reasonable grounds for believing that the thing is or
contains something to which the warrant relates;
(ii) it is significantly more practicable to do so having regard to the
timeliness and cost of examining or processing the thing at another place and
the availability of expert assistance; or
(b) the occupier of the premises, vehicle or combination agrees in
writing.
(2) The thing may be moved to another place for examination or processing
for not longer than 72 hours.
(3) A police officer or authorised person may apply to a magistrate for an
extension of time if the police officer or authorised person believes on
reasonable grounds that the thing cannot be examined or processed within
72 hours.
(4) The police officer or authorised person must give notice of the
application to the occupier of the premises, vehicle or combination, and the
occupier is entitled to be heard on the application.
(5) If a thing is moved to another place under this section, the police
officer or authorised person must, if practicable—
(a) tell the occupier of the premises, vehicle or combination the address
of the place where, and time when, the examination or processing will be carried
out; and
(b) allow the occupier or the occupier’s representative to be
present during the examination or processing.
(6) The provisions of this part relating to the issue of search warrants
apply, with any necessary changes, to the giving of an extension under this
section.
356 Access
to things seized
A person who would, apart from the seizure, be entitled to inspect a thing
seized under this part may—
(a) inspect it; and
(b) if it is a document—take extracts from it or make copies of
it.
357 Return
of things seized
(1) A thing seized under this part must be returned to its owner, or
reasonable compensation must be paid to the owner by the Territory for the loss
of the thing, unless—
(a) a prosecution for an offence against a territory law in connection
with the thing is begun within 1 year after the day the seizure is made and the
thing is required to be produced in evidence in the prosecution; or
(b) an application for the forfeiture of the seized thing is made to a
court under the Confiscation of Criminal Assets Act 2003 or another
territory law within 1 year after the day the seizure is made; or
(c) all proceedings in relation to the offence with which the seizure was
connected have ended and the court has not made an order about the
thing.
(2) However, this section does not apply to a thing—
(a) if the chief executive believes on reasonable grounds that the only
practical use of the thing in relation to the premises where it was seized would
be an offence against this Act; or
(b) if possession of it by its owner would be an offence.
358 Forfeiture
of seized things
(1) This section applies if—
(a) anything seized under this part has not been returned under
section 357; and
(b) an application for disallowance of the seizure under
section 359—
(i) has not been made within 10 days after the day of the
seizure; or
(ii) has been made within the 10-day period, but the application has been
refused or withdrawn before a decision in relation to the application had been
made.
(2) If this section applies to the seized thing—
(a) it is forfeited to the Territory; and
(b) it may be sold, destroyed or otherwise disposed of as the chief
executive directs.
359 Application
for order disallowing seizure
(1) A person claiming to be entitled to anything seized under this part
may apply to the Magistrates Court within 10 days after the day of the
seizure for an order disallowing the seizure.
(2) The application may be heard only if the applicant has served a copy
of the application on the chief executive.
(3) The chief executive is entitled to appear as respondent at the hearing
of the application.
360 Order
for return of seized thing
(1) This section applies if a person claiming to be entitled to anything
seized under this part applies to the Magistrates Court under section 359
for an order disallowing the seizure.
(2) The Magistrates Court must make an order disallowing the seizure if
satisfied that—
(a) the applicant would, apart from the seizure, be entitled to the return
of the seized thing; and
(b) the thing is not connected with an offence against this Act;
and
(c) possession of the thing by the person would not be an
offence.
(3) The Magistrates Court may also make an order disallowing the seizure
if satisfied there are exceptional circumstances that justify the making of the
order.
(4) If the Magistrates Court makes an order disallowing the seizure, the
court may make 1 or more of the following ancillary orders:
(a) an order directing the chief executive to return the thing to the
applicant or to someone else who appears to be entitled to it;
(b) if the thing cannot be returned or has depreciated in value because of
the seizure—an order directing the Territory to pay reasonable
compensation;
(c) an order about the payment of costs in relation to the
application.
361 Damage
etc to be minimised
(1) In the exercise, or purported exercise, of a function under this
chapter, a police officer or authorised person must take reasonable steps to
ensure that the police officer or authorised person, and anyone assisting the
police officer or authorised person, causes as little inconvenience, detriment
and damage as practicable.
(2) If a police officer or authorised person, or anyone assisting a police
officer or authorised person, damages anything in the exercise or purported
exercise of a function under this chapter, the police officer or authorised
person must give written notice of the particulars of the damage to the person
the police officer or authorised person believes on reasonable grounds is the
owner of the thing.
(3) If the damage happens at premises, or in a vehicle or combination,
entered under this chapter in the absence of the occupier, the notice may be
given by leaving it, secured conspicuously, at the premises, or in the vehicle
or combination.
362 Restoring
vehicle, premises etc to original condition after action
taken
(1) This section applies if—
(a) a police officer or authorised person, or a person authorised by the
police officer or authorised person, takes action in the exercise or purported
exercise of a power under this chapter in relation to premises or a vehicle or
combination or a vehicle’s, or combination’s, equipment or load;
and
(b) damage is caused by the unreasonable exercise of the power or by the
use of force that is not authorised under this chapter.
(2) The police officer or authorised person, or person authorised by the
police officer or authorised person, must take reasonable steps to return the
premises, vehicle, combination, equipment or load to the condition it was in
immediately before the action was taken.
363 Compensation
for exercise of enforcement powers
(1) A person may claim compensation from the Territory if the person
suffers loss or expense because of the exercise, or purported exercise, of a
function under this chapter by a police officer or authorised person or anyone
assisting a police officer or authorised person.
(2) Compensation may be claimed and ordered in a proceeding
for—
(a) compensation; or
(b) an Australian heavy vehicle road law offence brought against the
person making the claim for compensation.
(3) A court may order the payment of reasonable compensation for the loss
or expense only if satisfied that it is just to make the order in the
circumstances of the particular case.
(4) A regulation may prescribe matters that may, must or must not be taken
into account by the court in considering whether it is just to make the
order.
364 Only
police officers to use force against people
A provision of this chapter that authorises a person to use reasonable
force does not authorise a person who is not a police officer to use force
against a person.
Chapter
4 Court
proceedings
Part
4.1 Liability for
offences
Note Acts and omissions of representatives are dealt with in the
Road Transport (General) Act 1999, s 73.
400 Criminal
liability of executive officers of corporations
(1) An executive officer of a corporation commits an offence
if—
(a) the corporation commits an offence (a relevant offence)
by contravening a provision of this Act; and
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
(b) the officer was reckless about whether the contravention would happen;
and
(c) the officer was in a position to influence the conduct of the
corporation in relation to the contravention; and
(d) the officer failed to take reasonable steps to prevent the
contravention.
Maximum penalty: The maximum penalty that may be imposed on an individual
for the relevant offence.
(2) In deciding whether the executive officer took (or failed to take)
reasonable steps to prevent the contravention, a court must have regard to the
following:
(a) any action the officer took directed towards ensuring the following
(to the extent that the action is relevant to the contravention):
(i) that the corporation arranged regular professional assessments of the
corporation’s compliance with the contravened provision;
(ii) that the corporation implemented any appropriate recommendation
arising from an assessment under subparagraph (i);
(iii) that the corporation’s employees, agents and contractors had a
reasonable knowledge and understanding of the requirement to comply with the
contravened provision;
(b) any action the officer took when the officer became aware that the
contravention was, or could be, about to happen.
(3) Subsection (2) does not limit the matters to which the court may
have regard.
(4) This section applies whether or not the corporation is prosecuted for,
or convicted of, the relevant offence.
(5) This section does not apply if the corporation would have a defence to
a prosecution for the relevant offence.
(6) In this section:
executive officer, of a corporation, means a person, however
described and whether or not the person is a director of the corporation, who is
concerned with, or takes part in, the corporation’s management.
401 Offence—partners
etc taken to have committed offences of other partners
(1) If a person (the offender) who is a partner in a
partnership commits an offence against a heavy vehicle road law in the course of
the activities of the partnership, each other partner in the partnership, and
each other person who is involved with, or takes part in, the management of the
partnership, is taken to have committed the offence and is punishable
accordingly.
(2) Subsection (1) does not apply to a person if—
(a) the person was not in a position to influence the conduct of the
offender; or
(b) the person, being in the position, took reasonable precautions and
exercised due diligence to prevent the commission of the actual
offence.
Note The defendant has an evidential burden in relation to the
matters mentioned in s (2) (see Criminal Code, s 58).
(3) This section does not affect the liability of the offender.
(4) A person may be prosecuted and convicted or found guilty of an offence
arising under this section whether or not the offender has been prosecuted or
convicted or found guilty of the offence.
402 Offence—managers
etc of unincorporated associations taken to have committed offences of other
managers etc
(1) If a person (the offender) who is involved in the
management of an unincorporated association commits an offence against the road
transport legislation in the course of the activities of the unincorporated
association, each other person who is involved with, or takes part in, the
management of the unincorporated association is taken to have committed the
offence and is punishable accordingly.
(2) Subsection (1) does not apply to a person if—
(a) the person was not in a position to influence the conduct of the
offender; or
(b) the person, being in the position, took reasonable precautions and
exercised due diligence to prevent the commission of the actual
offence.
Note The defendant has an evidential burden in relation to the
matters mentioned in s (2) (see Criminal Code, s 58).
(3) This section does not affect the liability of the offender.
(4) A person may be prosecuted and convicted or found guilty of an offence
arising under this section whether or not the offender has been prosecuted or
convicted or found guilty of the offence.
403 Offence—registered
operators taken to have committed offences of operators
(1) This section applies to an offence against a heavy vehicle road law if
the offence is expressed to be committed by an operator of a vehicle or
combination (whether or not anyone else can also commit the offence).
(2) If the offence is committed—
(a) in relation to a vehicle that is not part of a combination at the time
of the offence—the registered operator of the vehicle is taken to have
committed the offence and is punishable accordingly; or
(b) in relation to a whole combination or in relation to the towing
vehicle of a combination—the registered operator of the towing vehicle of
the combination is taken to have committed the offence and is punishable
accordingly; or
(c) in relation to a trailer forming part of a combination at the time of
the offence—the registered operator of the towing vehicle and the
registered operator (if any) of the trailer are each taken to have committed the
offence and are punishable accordingly.
(3) The registered operator has the benefit of any exception or defence
available to the operator.
(4) Subsection (2) does not apply to a registered operator if the
registered operator gives the road transport authority a statutory declaration
containing the information prescribed by regulation (including the name and
address of the operator of the vehicle or combination at the time of the
offence)—
(a) not later than the day prescribed by regulation; and
(b) in the way prescribed by regulation.
(5) This section does not affect the liability of the operator who
committed the offence.
Part
4.2 Roads compensation orders for
damage to road infrastructure
404 Roads
compensation orders—making
(1) This section applies if a court convicts a person (the
offender), or finds a person guilty, of a heavy vehicle road law
offence.
(2) The court may make an order (a roads compensation order)
requiring the offender to pay to the territory the amount of compensation that
the court considers appropriate for damage to road infrastructure that the
territory has suffered, or is likely to suffer, because of the
offence.
(3) A roads compensation order may only be made in favour of the
territory.
(4) The court may make a roads compensation order if satisfied on the
balance of probabilities that the commission of the offence caused or
contributed to the damage.
405 Roads
compensation orders—application
(1) A roads compensation order for an offender in relation to an offence
may be made on the application of—
(a) the prosecutor prosecuting the offence; or
(b) the road transport authority.
(2) The application may only be made—
(a) when the court convicts the offender, or finds the offender guilty, of
the offence; or
(b) before the end of the period within which a prosecution for the
offence could have been started.
406 Roads
compensation orders—assessment
(1) In making a roads compensation order, the court may assess the amount
of compensation in the way the court considers appropriate.
Example
the estimated cost of remedying the damage
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(2) In assessing the amount of compensation, the court may take into
account the matters the court considers relevant, including—
(a) evidence presented in relation to the prosecution of the offence;
and
(b) evidence not presented in relation to the prosecution of the offence
but presented in relation to the making of the proposed order; and
(c) a certificate of the road transport authority.
Examples—par (c)
1 a certificate estimating the cost of remedying the damage
2 a certificate estimating the extent of the offender’s contribution
to the damage
407 Roads
compensation orders—certificates
(1) If the road transport authority proposes to use a certificate
mentioned in section 406 in a proceeding, the authority must give a copy of
the certificate to the defendant at least 28 working days before the day on
which the matter is set down for hearing.
(2) The certificate cannot be used in the proceeding unless a copy of the
certificate has been given in accordance with this section.
(3) A defendant who wishes to challenge a statement in the certificate
must give a notice in writing to the road transport authority at least
14 working days before the day on which the matter is set down for
hearing.
(4) The notice must state the matters in the certificate that the
defendant intends to challenge.
(5) If the defendant is intending to challenge the accuracy of a
measurement, analysis or reading in the certificate, the defendant must
state—
(a) the reason why the defendant alleges the measurement, analysis or
reading is inaccurate; and
(b) the measurement, analysis or reading that the defendant considers to
be correct.
(6) The defendant cannot challenge a matter in the certificate if the
requirements of this section have not been complied with in relation to the
certificate, unless the court gives leave to do so in the interests of
justice.
408 Roads
compensation orders—limits on amount
(1) If, in making a roads compensation order, the court is satisfied that
the commission of the offence contributed to the damage but that other factors
not connected with the commission of the offence also contributed to the damage,
the court must limit the amount of the compensation payable by the offender to
the amount the court assesses as being the offender’s contribution to the
damage.
(2) The maximum amount of compensation must not be more than the amount of
the court’s jurisdictional limit in a civil proceeding.
(3) The court must not include in the roads compensation order any amount
for—
(a) personal injury or death; or
(b) loss of income (whether suffered by the road transport authority or
any other person or organisation); or
(c) damage to any property (including a vehicle) that is not part of the
road infrastructure.
409 Roads
compensation orders—costs
The court has the same power to award costs in relation to the proceeding
for a roads compensation order as the court has in relation to a civil
proceeding, and the relevant provisions of laws applying to costs in relation to
a civil proceeding apply with any necessary adaptations to costs in relation to
the proceeding for the compensation order.
410 Roads
compensation orders—enforcement
A roads compensation order, and any award of costs, are enforceable as if
they were a judgment of the court in a civil proceeding.
411 Roads
compensation orders—other orders and awards
(1) A roads compensation order must not be made if another court or
tribunal has awarded compensatory damages or compensation in a civil proceeding
for the damage based on the same or similar facts.
(2) If a court purports to make a roads compensation order in the
circumstances mentioned in subsection (1)—
(a) the order is void to the extent that it covers the same matters as
those covered by the other award; and
(b) any payments made under the order to the extent to which it is void
must be repaid by the territory.
(3) The making of a roads compensation order does not prevent another
court or tribunal from afterwards awarding damages or compensation in a civil
proceeding for the damage based on the same or similar facts, but the court or
tribunal must take the order into account when awarding damages or
compensation.
412 Proof
of appointments unnecessary
(1) For this Act, it is not necessary to prove the appointment of an
office-holder.
(2) In this section:
office-holder means—
(a) the chief executive; or
(b) the chief executive (however described) of a corresponding road
transport authority; or
(c) the chief police officer or the head (however described) of the police
force or police service of another jurisdiction; or
(d) an authorised person or an authorised person (however described)
appointed under a corresponding law; or
(e) a police officer or a member (however described) of the police force
or police service of another jurisdiction.
In a proceeding for an offence, any of the following statements or
allegations in a complaint or charge made by the prosecutor is evidence of the
matter:
(a) at a stated time or during a stated period a stated vehicle or
combination was a heavy vehicle or heavy combination;
(b) at a stated time or during a stated period a stated vehicle or
combination was of a particular class of a heavy vehicle or heavy combination;
(c) at a stated time or during a stated period a stated person was the
registered operator of a heavy vehicle;
(d) at a stated time or during a stated period a stated person was a
member of, or participant in, an approved road transport compliance scheme;
(e) at a stated time or during a stated period a stated location was, or
was part of, a road or road related area;
(f) at a stated time or during a stated period a stated area was, or was
not, the subject of a declaration under the Road Transport (General) Act
1999, section 12 (Power to include or exclude areas in road transport
legislation);
(g) at a stated time or during a stated period a stated location was
subject to a stated prohibition, restriction or other requirement regarding the
operation or use of vehicles.
Example—par (g)
a temporary restriction on load limits during wet weather
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
414 Evidence—measuring
and weighing
(1) This section applies to a statement in a certificate issued under the
Trade Measurement Act 1991.
(2) A statement that, on a stated date, a stated measuring instrument was
tested and was found to measure accurately (or accurately within stated
tolerances) is—
(a) admissible in a legal proceeding, and
(b) evidence of the fact that the instrument measured accurately (or
accurately within the tolerances) at all times within the period of
12 months after the date.
(3) In this section:
measuring instrument—see the Trade Measurement Act
1991, dictionary.
415 Evidence—mass
of vehicle or combination
(1) This section applies to a record made by—
(a) the operator of a weighbridge or weighing facility; or
(b) an employee of the operator of the weighbridge or weighing
facility.
(2) Evidence of a record made by a person mentioned in subsection (1)
of the mass of a vehicle or combination (or component of a vehicle or
combination) weighed at the weighbridge or weighing facility is admissible in a
proceeding and is evidence of the mass of the vehicle or combination (or
component) at the time it was weighed.
416 Evidence—manufacturer’s
ratings
(1) Evidence of a written statement purporting to be made by the
manufacturer of a vehicle or component of a vehicle regarding the mass rating of
the vehicle or component determined by the manufacturer is admissible in any
proceeding and is evidence—
(a) of the mass rating; and
(b) of any conditions to which the rating is subject included in the
statement; and
(c) that the statement was made by the manufacturer of the vehicle or
component.
(2) Evidence of a written statement purporting to be made by the
manufacturer of load restraint equipment designed for use on a vehicle or
combination (or a component of a vehicle or combination) regarding the strength
or performance rating of the equipment determined by the manufacturer is
admissible in any proceeding and is evidence—
(a) of the strength or performance rating; and
(b) that the equipment was designed for use as load restraint equipment on
a vehicle or combination; and
(c) of any conditions to which the rating is subject included in the
statement; and
(d) that the statement was made by the manufacturer of the
equipment.
417 Evidence—vehicle
or combination not heavy vehicle or heavy combination
Evidence obtained in relation to a vehicle or combination because of the
exercise of powers under this Act is not affected only because the vehicle or
combination is not a heavy vehicle or heavy combination.
418 Evidence—transport
documentation and journey documentation
(1) Transport documentation or journey documentation is admissible in a
proceeding under a heavy vehicle road law and is evidence of—
(a) the identity and status of the parties to the transaction to which the
documentation relates; and
(b) the destination or intended destination of the load to which the
documentation relates.
(2) In this section:
status, of a party to a transaction, includes the
party’s status as a responsible person for a vehicle or combination in
relation to the transaction.
Part
5.1 Secrecy and information
sharing
In this part:
divulge includes communicate.
protected information means information about a person that
is disclosed to, or obtained by, a person to whom this section applies because
of the exercise of a function under this Act by the person or someone
else.
(1) In this section:
court includes a tribunal, authority or person having power
to require the production of documents or the answering of questions.
person to whom this section applies means a person
who—
(a) is or has been—
(i) a delegate of the road transport authority; or
(ii) a person employed by, or engaged to provide services to or on behalf
of, the road transport authority; or
(iii) a person employed by, or engaged to provide services to, a person or
body engaged to provide services to the road transport authority; or
(b) exercises, or has exercised, a function under this Act.
produce includes allow access to.
(2) A person to whom this section applies commits an offence
if—
(a) the person—
(i) makes a record of protected information about someone else;
and
(ii) is reckless about whether the information is protected information
about someone else; or
(b) the person—
(i) does something that divulges protected information about someone else;
and
(ii) is reckless about whether—
(A) the information is protected information about someone else;
and
(B) doing the thing would result in the information being divulged to
someone else.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(3) Subsection (2) does not apply to the divulging of protected
information about someone with the person’s consent.
(4) Subsection (2) does not apply if the record is made, or the
information is divulged—
(a) under this Act or another territory law; or
(b) in relation to the exercise of a function, as a person to whom this
section applies, under this Act or another territory law; or
(c) in relation to the administration of heavy vehicle road laws;
or
(d) to the road transport authority or a corresponding road transport
authority; or
(e) to an authorised person or an authorised person (however described)
appointed under a corresponding law; or
(f) to a police officer or a member (however described) of the police
force or police service of another jurisdiction; or
(g) to a public authority of any jurisdiction prescribed by regulation;
or
(h) to a public authority of any jurisdiction for law enforcement
purposes; or
(i) in accordance with the information sharing guidelines.
(5) A person to whom this section applies need not divulge protected
information to a court, or produce a document containing protected information
to a court, unless it is necessary to do so for this Act or another territory
law.
(6) Nothing in this section prevents information from being
used—
(a) to assist a person in deciding whether to withdraw a formal warning
for any offence; or
(b) to allow the road transport authority to accumulate aggregated data
and to allow the road transport authority to authorise use of the aggregated
data for research or education.
(7) In this section:
information sharing guidelines—see section 502.
502 Information
sharing guidelines
(1) The Minister may make guidelines (information sharing
guidelines) about—
(a) making records of protected information; and
(b) divulging protected information.
(2) A guideline is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
503 Offence—information
not to be used for other purposes
(1) A person commits an offence if—
(a) the person—
(i) makes a record of protected information about someone else;
or
(ii) divulges protected information about someone else; and
(b) the record is made, or information divulged, in accordance with an
exception under section 501 (Secrecy); and
(c) the record is made, or information divulged, for a particular purpose;
and
(d) the person uses the record or information for another
purpose.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability
offence.
504 Road
transport authority may give seized records etc to other
authorities
A record, device or other thing seized under chapter 3 (Investigation and
enforcement), or information obtained under chapter 3, may, for law enforcement
purposes, be given to a public authority of any jurisdiction (including a
corresponding road transport authority) considered appropriate by the road
transport authority or the chief police officer, but only after consultation
with the public authority.
505 Road
transport authority may give information to other
authorities
The road transport authority may give information to a corresponding road
transport authority about—
(a) any action taken by the road transport authority under a heavy vehicle
road law; or
(b) any information obtained under a heavy vehicle road law, including any
information contained in a record, device or other thing inspected or seized
under a heavy vehicle road law.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
Part
5.2 Other miscellaneous
provisions
506 Contracting
out prohibited
A term of a contract or agreement that purports to exclude, limit or modify
the operation of this Act is void to the extent that it would otherwise have
that effect.
Note A reference to an Act includes a reference to a provision of
the Act (see Legislation Act, s 7 (3)).
507 Regulation-making
power
(1) The Executive may make regulations for this Act.
Note A regulation must be notified, and presented to the Legislative
Assembly, under the Legislation Act.
(2) A regulation may create offences and fix maximum penalties of not more
than 20 penalty units for the offences.
508 Regulations—exemptions
(1) A regulation may exempt a person or vehicle, or provide for the
granting of exemptions of people or vehicles, from the regulations.
(2) An exemption may be conditional.
509 Regulations—mass,
dimension and loading restrictions on use of vehicles
A regulation may impose mass, dimension or loading restrictions on the use
of vehicles on roads or road related areas.
510 Offence—drive
light vehicle in breach of mass, dimension or loading restriction in
regulation
(1) A person commits an offence if—
(a) the person drives a light vehicle or light combination on a road or
road related area; and
(b) the vehicle or combination is driven in contravention of a mass,
dimension or loading restriction in a regulation made under
section 509.
Maximum penalty: 20 penalty units.
(2) An offence against this section is a strict liability
offence.
(3) In this section:
light combination means a combination that is not a heavy
combination.
Note Heavy combination—see s 8.
light vehicle means a motor vehicle or trailer that is not a
heavy vehicle.
Note Heavy vehicle—see s 7.
511 Regulations—may
apply certain documents etc
(1) A regulation may apply—
(a) a publication of the National Transport Commission approved, or of
matters approved, by the Australian Transport Council as in force from time to
time; or
(b) any other instrument as in force from time to time.
Note 1 The text of an applied, adopted or incorporated law or
instrument, whether applied as in force from time to time or at a particular
time, is taken to be a notifiable instrument if the operation of the Legislation
Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2 A notifiable instrument must be notified under the
Legislation Act.
(2) For a regulation, a regulation may define a term defined by this Act
(or apply the definition of a term in an instrument mentioned in
subsection (1))—
(a) in the same (or in substantially the same) way as it is defined by
this Act; or
(b) by reference to a matter included in the term as defined by this Act;
or
(c) by reference to a combination of matters included in the term as
defined by this Act and in any other term defined by this Act; or
(d) for applying a publication of the National Transport Commission
approved, or of matters approved, by the Australian Transport Council—in
the same way as it is defined in the publication despite anything in this Act or
other road transport legislation.
(3) In this section:
Australian Transport Council—see the National
Transport Commission Act 2003 (Cwlth), section 4.
National Transport Commission means the National Transport
Commission established by the National Transport Commission Act 2003
(Cwlth).
publication of the National Transport Commission
includes—
(a) a document published by or for the National Transport Commission under
the National Transport Commission Act 2003 (Cwlth); and
(b) a document published for the National Transport Commission.
512 Legislation
amended—sch 1
This Act amends the legislation mentioned in schedule 1.
(1) The following legislation is repealed:
• Road Transport (Dimensions and Mass) Act 1990
(A1990-13)
• Road Transport (Dimensions and Mass) Regulation 2000
(SL2000-7).
(2) All other legislative instruments under the Road Transport
(Dimensions and Mass) Act 1990 (A1990-13) are repealed.
In this chapter:
commencement day means the day this Act, section 6
(Objects of Act) commences.
repealed Act means the Road Transport (Dimensions and
Mass) Act 1990.
601 Transitional—unattended
vehicle notices
(1) This section applies if a notice under the repealed Act,
section 43 (Unattended vehicles) is in force for a person immediately
before the commencement day.
(2) The notice is, on the commencement day, taken to be a notice under
this Act, section 311 (Directions to move vehicles and
combinations—exercise of other power).
602 Transitional—load
directions
(1) This section applies if a direction under the repealed Act,
section 45 (Directions related to loads) is in force for a person
immediately before the commencement day.
(2) The direction is, on the commencement day, taken to be a direction
under whichever one of the following sections in this Act the direction could be
given if it were given after the commencement day:
(a) section 126 (Minor risk breaches—directions to stop and
rectify);
(b) section 127 (Minor risk breaches—directions to move and
rectify);
(c) section 130 (Substantial risk breaches—directions to stop
and rectify);
(d) section 131 (Substantial risk breaches—directions to move
and rectify);
(e) section 134 (Severe risk breaches—directions to stop and
rectify);
(f) section 135 (Severe risk breaches—directions to move and
rectify).
603 Transitional
regulations
(1) A regulation may prescribe transitional matters necessary or
convenient to be prescribed because of the enactment of this Act.
(2) A regulation may modify this chapter (including in relation to another
territory law) to make provision in relation to anything that, in the
Executive’s opinion, is not, or is not adequately or appropriately, dealt
with in this chapter.
(3) A regulation under subsection (2) has effect despite anything
elsewhere in this Act.
This chapter expires 2 years after the day it commences.
Schedule
1 Consequential
amendments
(see s 512)
Part
1.1 Magistrates Court Act
1930
substitute
(2) In this section:
road transport legislation means the following:
(a) the Road Transport (Driver Licensing) Act 1999;
(b) the Road Transport (General) Act 1999;
(c) the Road Transport (Mass, Dimensions and Loading)
Act 2009;
(d) the Road Transport (Public Passenger Services) Act
2001;
(e) the Road Transport (Safety and Traffic Management)
Act 1999;
(f) the Road Transport (Vehicle Registration) Act 1999;
(g) any other Act or any regulation prescribed by regulation.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
Part
1.2 Road Transport (Alcohol and Drugs)
Act 1977
substitute
Note 2 Other road transport legislation includes the
following:
• Road Transport (Driver Licensing) Act 1999
• Road Transport (General) Act 1999
• Road Transport (Mass, Dimensions and Loading) Act
2009
• Road Transport (Public Passenger Services) Act
2001
• Road Transport (Safety and Traffic Management) Act
1999
• Road Transport (Third-Party Insurance) Act 2008
• Road Transport (Vehicle Registration) Act 1999.
Part
1.3 Road Transport (Driver Licensing)
Act 1999
substitute
Note 2 Other road transport legislation includes the
following:
• Road Transport (Alcohol and Drugs) Act 1977
• Road Transport (General) Act 1999
• Road Transport (Mass, Dimensions and Loading) Act
2009
• Road Transport (Public Passenger Services) Act
2001
• Road Transport (Safety and Traffic Management) Act
1999
• Road Transport (Third-Party Insurance) Act 2008
• Road Transport (Vehicle Registration) Act 1999.
[1.4] Section 31,
new notes
insert
Note 1 The offences in this section do not apply to a police
officer, authorised person or authorised assistant who is driving a heavy
vehicle or heavy combination under the Road Transport (Mass, Dimensions and
Loading) Act 2009, s 318. Under that section, a heavy vehicle or heavy
combination may be moved if it is on a road or road related area, is unattended
or broken-down and is causing (or is likely to cause) either serious harm to
public safety, the environment or road infrastructure or an obstruction to
traffic.
Note 2 The offences in this section do not apply to a person who is
running the engine of a heavy vehicle or heavy combination under the Road
Transport (Mass, Dimensions and Loading) Act 2009, s 339. Under that
section, a person may run the engine of a heavy vehicle or heavy combination to
assist with powers of enforcement.
Part
1.4 Road Transport (Driver Licensing)
Regulation 2000
substitute
(b) to drive a motor vehicle in contravention of the Road Transport
(Mass, Dimensions and Loading) Act 2009; or
[1.6] Section 23,
new notes
insert
Note 3 However, the offences in relation to pars (a) to (d) do not
apply to a police officer, authorised person or authorised assistant who is
driving a heavy vehicle or heavy combination under the Road Transport (Mass,
Dimensions and Loading) Act 2009, s 319. Under that section, a heavy
vehicle or heavy combination may be moved if it is on a road or road related
area, is unattended or broken-down and is causing (or is likely to cause) either
serious harm to public safety, the environment or road infrastructure or an
obstruction to traffic.
Note 4 Also, the offences in relation to pars (a) to (d) do not
apply to a person who is running the engine of a heavy vehicle or heavy
combination under the Road Transport (Mass, Dimensions and Loading) Act
2009, s 340. Under that section, a person may run the engine of a
heavy vehicle or heavy combination to assist with powers of
enforcement.
[1.7] Section 87,
new note
insert
Note 2 A court may also order licence variation, suspension and
cancellation under the Road Transport (Mass, Dimensions and Loading)
Act 2009, s 204.
Part
1.5 Road Transport (General) Act
1999
substitute
Note 2 Other road transport legislation includes the
following:
• Road Transport (Alcohol and Drugs) Act 1977
• Road Transport (Driver Licensing) Act 1999
• Road Transport (Mass, Dimensions and Loading) Act
2009
• Road Transport (Public Passenger Services) Act
2001
• Road Transport (Safety and Traffic Management) Act
1999
• Road Transport (Third-Party Insurance) Act 2008
• Road Transport (Vehicle Registration) Act 1999.
substitute
6 What is the road transport
legislation?
In this Act, the road transport legislation means the
following:
(a) this Act;
(b) the Road Transport (Alcohol and Drugs) Act 1977;
(c) the Road Transport (Driver Licensing) Act 1999;
(d) the Road Transport (Mass, Dimensions and Loading)
Act 2009;
(e) the Road Transport (Public Passenger Services) Act
2001;
(f) the Road Transport (Safety and Traffic Management)
Act 1999;
(g) the Road Transport (Third-Party Insurance) Act 2008;
(h) the Road Transport (Vehicle Registration) Act 1999;
(i) any other Act or any regulation prescribed by regulation.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
[1.10] Section 10,
new note
insert
Note 2 A wider definition of responsible person for a heavy vehicle
or heavy combination applies under the Road Transport (Mass, Dimensions and
Loading) Act 2009, s 12.
substitute
(1) The road transport authority must issue an authorised person with an
identity card that states the person is an authorised person for the road
transport legislation, or stated provisions of the road transport legislation,
and shows—
(a) a recent photograph of the person; and
(b) the name of the person or the particulars that are identifying
particulars for the person (or both); and
(c) the date of issue of the card; and
(d) a date of expiry for the card; and
(e) the name and signature of the person who issued the card;
and
(f) anything else prescribed by regulation.
Note Under the Road Transport (Mass, Dimensions and Loading) Act
2009, s 22, the road transport authority may designate a card issued to
a person under a corresponding heavy vehicle road law as an identity card for
the Act.
[1.12] New
section 20 (3)
insert
(3) In this section:
identifying particulars, for a person, means:
(a) for a person authorised by the administering authority for an
infringement notice offence to serve infringement or reminder notices—the
unique number given to the person by the administering authority under the
Road Transport (Offences) Regulation 2005, section 11; and
(b) for any other authorised person—the unique number given to the
person by the road transport authority; and
(c) any other particulars prescribed by regulation.
[1.13] Section
21, new note
insert
Note Under the Road Transport (Mass, Dimensions and Loading) Act
2009, s 22, the road transport authority may designate a card issued to
a person under a corresponding heavy vehicle road law as an identity card for
the Act.
substitute
(3) It is a defence to a prosecution for an offence against
subsection (2) (a) if the defendant—
(a) is not the driver of a heavy vehicle, or heavy combination, when
required to produce the licence; and
(b) has a reasonable excuse for failing to produce the licence when
required to do so; and
(c) within 3 days after being required to produce the licence, produces
the licence at a place prescribed by regulation or as directed by the police
officer or authorised person.
insert
58A Police officer or authorised person may require
heavy vehicle or combination instructor’s driver
licence
(1) This section applies if—
(a) a police officer or authorised person requires a driver to produce his
or her driver licence under section 58 (1) (a); and
(b) the driver is the driver of a heavy vehicle or heavy combination;
and
(c) the driver is the holder of a learner licence; and
(d) there is a person (an instructor) occupying a seat next
to the driver.
(2) A police officer or authorised person may require the instructor to
produce his or her Australian driver licence or external driver
licence.
(3) The instructor must not fail to produce his or her Australian driver
licence or external driver licence when required to do so under
subsection (2).
Maximum penalty: 20 penalty units.
Note It is an offence to produce false or misleading documents (see
Criminal Code, s 339).
(4) In this section:
learner licence—see the Road Transport (Driver
Licensing) Act 1999, dictionary.
[1.16] Section 64,
new note
insert
Note A court may also order that a driver is disqualified from
obtaining or holding an Australian driver licence under the Road Transport
(Mass, Dimensions and Loading) Act 2009, s 204.
Part
1.6 Road Transport (General)
Regulation 2000
omit
[1.18] Schedule
1, part 1.2
omit
[1.19] Schedule
1, new part 1.6A
insert
Part 1.6A Road Transport (Mass, Dimensions
and Loading) Act 2009
column 1
item
|
column 2
provision
|
column 3
decision
|
1
|
194 (1)
|
authorised person or police officer—issue improvement
notice
|
2
|
194 (3)
|
authorised person or police officer—method to achieve remedy under
improvement notice
|
3
|
195 (2)
|
authorised person or police officer—refuse to extend due date for
improvement notice
|
4
|
197 (3)
|
authorised person or police officer—amend improvement
notice
|
5
|
199 (1)
|
authorised person or police officer—refuse to issue clearance
certificate
|
Part
1.7 Road Transport (Offences)
Regulation 2005
substitute
(b) part 1.8A (Road Transport (Mass, Dimensions and Loading) Act
2009);
[1.21] Schedule
1, part 1.4
omit
[1.22] Schedule
1, new part 1.8A
insert
Part 1.8A Road Transport (Mass, Dimensions
and Loading) Act 2009
column 1
item
|
column 2
offence provision and, if relevant,
case
|
column 3
short description
|
column 4
offence penalty (pu)
|
column 5
infringement penalty
($)
|
column 6
demerit points
|
1
|
127
|
|
|
|
|
1.1
|
• direction under s 126
|
fail to comply with direction to stop and rectify—minor risk breach
of mass/dimension/loading requirement
|
50
|
$1 000
|
|
1.2
|
• direction under s 127
|
fail to comply with direction to move and rectify—minor risk breach
of mass/dimension/loading requirement
|
50
|
$1 000
|
|
2
|
131
|
|
|
|
|
2.1
|
• direction under s 130
|
fail to comply with direction to stop and rectify—substantial risk
breach of mass/dimension/loading requirement
|
50
|
$1 000
|
|
2.2
|
• direction under s 131
|
fail to comply with direction to move and rectify—substantial risk
breach of mass/ dimension/loading requirement
|
50
|
$1 000
|
|
3
|
135
|
|
|
|
|
3.1
|
• direction under s 134
|
fail to comply with direction to stop and rectify—severe risk breach
of mass/dimension/loading requirement
|
50
|
$1 000
|
|
3.2
|
• direction under s 135
|
fail to comply with direction to move and rectify—severe risk breach
of mass/dimension/loading requirement
|
50
|
$1 000
|
|
4
|
138
|
fail to comply with condition of authorisation
|
50
|
$1 000
|
|
5
|
141 (1)
|
consignor—minor risk breach of mass requirement
|
20
|
$400
|
|
6
|
141 (2)
|
consignor—substantial risk breach of mass requirement
|
40
|
$800
|
|
7
|
142 (1)
|
consignor—severe risk breach of mass
requirement—intention
|
200pu/ 6 months prison/both
|
|
|
8
|
142 (2)
|
consignor—severe risk breach of mass
requirement—recklessness
|
150pu/ 6 months prison/both
|
|
|
9
|
142 (3)
|
consignor—severe risk breach of mass
requirement—negligence
|
100
|
|
|
10
|
143
|
consignor—container weight exceeds maximum gross weight marked on
container/plate
|
50
|
|
|
11
|
144 (1)
|
consignor—minor risk breach of dimension/loading
requirement
|
15
|
$300
|
|
12
|
144 (2)
|
consignor—substantial risk breach of dimension/loading
requirement
|
30
|
$600
|
|
13
|
145 (1)
|
consignor—severe risk breach of dimension/loading
requirement—intention
|
200pu/ 6 months prison/both
|
|
|
14
|
145 (2)
|
consignor—severe risk breach of dimension/loading
requirement—recklessness
|
150pu/ 6 months prison/both
|
|
|
15
|
145 (3)
|
consignor—severe risk breach of dimension/loading
requirement—negligence
|
100
|
|
|
16
|
146 (1)
|
packer—minor risk breach of mass requirement
|
20
|
$400
|
|
17
|
146 (2)
|
packer—substantial risk breach of mass requirement
|
40
|
$800
|
|
18
|
147 (1)
|
packer—severe risk breach of mass
requirement—intention
|
200pu/ 6 months prison/both
|
|
|
19
|
147 (2)
|
packer—severe risk breach of mass
requirement—recklessness
|
150pu/ 6 months prison/both
|
|
|
20
|
147 (3)
|
packer—severe risk breach of mass
requirement—negligence
|
100
|
|
|
21
|
148
|
packer—container weight exceeds maximum gross weight marked on
container/plate
|
50
|
|
|
22
|
149 (1)
|
packer—minor risk breach of dimension/loading requirement
|
15
|
$300
|
|
23
|
149 (2)
|
packer—substantial risk breach of dimension/loading
requirement
|
30
|
$600
|
|
24
|
150 (1)
|
packer—severe risk breach of dimension/loading
requirement—intention
|
200pu/ 6 months prison/both
|
|
|
25
|
150 (2)
|
packer—severe risk breach of dimension/loading
requirement—recklessness
|
150pu/ 6 months prison/both
|
|
|
26
|
150 (3)
|
packer—severe risk breach of dimension/loading
requirement—negligence
|
100
|
|
|
27
|
151 (1)
|
loader—minor risk breach of mass requirement
|
20
|
$400
|
|
28
|
151 (2)
|
loader—substantial risk breach of mass requirement
|
40
|
$800
|
|
29
|
152 (1)
|
loader—severe risk breach of mass
requirement—intention
|
200pu/ 6 months prison/both
|
|
|
30
|
152 (2)
|
loader—severe risk breach of mass
requirement—recklessness
|
150pu/ 6 months prison/both
|
|
|
31
|
152 (3)
|
loader—severe risk breach of mass
requirement—negligence
|
100
|
|
|
32
|
153 (1)
|
loader—minor risk breach of dimension/loading requirement
|
15
|
$300
|
|
33
|
153 (2)
|
loader—substantial risk breach of dimension/loading
requirement
|
30
|
$600
|
|
34
|
154 (1)
|
loader—severe risk breach of dimension/loading
requirement—intention
|
200pu/ 6 months prison/both
|
|
|
35
|
154 (2)
|
loader—severe risk breach of dimension/loading
requirement—recklessness
|
150pu/ 6 months prison/both
|
|
|
36
|
154 (3)
|
loader—severe risk breach of dimension/loading
requirement—negligence
|
100
|
|
|
37
|
155 (1)
|
operator—minor risk breach of mass requirement
|
20
|
$400
|
|
38
|
155 (2)
|
operator—substantial risk breach of mass requirement
|
40
|
$800
|
|
39
|
156 (1)
|
operator—severe risk breach of mass
requirement—intention
|
200pu/ 6 months prison/both
|
|
|
40
|
156 (2)
|
operator—severe risk breach of mass
requirement—recklessness
|
150pu/ 6 months prison/both
|
|
|
41
|
156 (3)
|
operator—severe risk breach of mass
requirement—negligence
|
100
|
|
|
42
|
157 (1)
|
operator—minor risk breach of dimension/loading requirement
|
15
|
$300
|
|
43
|
157 (2)
|
operator—substantial risk breach of dimension/loading
requirement
|
30
|
$600
|
|
44
|
158 (1)
|
operator—severe risk breach of dimension/loading
requirement—intention
|
200pu/ 6 months prison/both
|
|
|
45
|
158 (2)
|
operator—severe risk breach of dimension/loading
requirement—recklessness
|
150pu/ 6 months prison/both
|
|
|
46
|
158 (3)
|
operator—severe risk breach of dimension/loading
requirement—negligence
|
100
|
|
|
47
|
159 (1)
|
driver—minor risk breach of mass requirement
|
20
|
$400
|
|
48
|
159 (2)
|
driver—substantial risk breach of mass requirement
|
40
|
$800
|
|
49
|
160 (1)
|
driver—severe risk breach of mass
requirement—intention
|
200pu/ 6 months prison/both
|
|
|
50
|
160 (2)
|
driver—severe risk breach of mass
requirement—recklessness
|
150pu/ 6 months prison/both
|
|
|
51
|
160 (3)
|
driver—severe risk breach of mass
requirement—negligence
|
100
|
|
|
52
|
161 (1)
|
driver—minor risk breach of dimension/loading requirement
|
15
|
$300
|
|
53
|
161 (2)
|
driver—substantial risk breach of dimension/loading
requirement
|
30
|
$600
|
|
54
|
162 (1)
|
driver—severe risk breach of dimension/loading
requirement—intention
|
200pu/ 6 months prison/both
|
|
|
55
|
162 (2)
|
driver—severe risk breach of dimension/loading
requirement—recklessness
|
150pu/ 6 months prison/both
|
|
|
56
|
162 (3)
|
driver—severe risk breach of dimension/loading
requirement—negligence
|
100
|
|
|
57
|
163 (1)
|
consignee engage in conduct resulting/likely to result in
inducing/rewarding breach of mass/dimension/loading
requirement—intention
|
200pu/ 6 months prison/both
|
|
|
58
|
163 (2)
|
consignee engage in conduct resulting/likely to result in
inducing/rewarding breach of mass/dimension/loading
requirement—recklessness
|
150pu/ 6 months prison/both
|
|
|
59
|
163 (3)
|
consignee engage in conduct resulting/likely to result in
inducing/rewarding breach of mass/dimension/loading
requirement—negligence
|
100
|
|
|
60
|
170 (1)
|
responsible entity for freight container fail to give driver/operator
complying container weight declaration
|
50
|
$1 000
|
|
61
|
171 (1)
|
operator fail to ensure driver given complying container weight
declaration
|
50
|
$1 000
|
|
62
|
171 (4)
|
operator fail to ensure other carrier given complying container weight
declaration/ particulars
|
50
|
$1 000
|
|
63
|
172 (1)
|
drive vehicle/combination with freight container without container weight
declaration
|
50
|
$1 000
|
|
64
|
172 (2)
|
drive vehicle/combination with freight container without keeping container
weight declaration in vehicle/combination or accessible
|
50
|
$1 000
|
|
65
|
173
|
consignee engage in conduct resulting/ likely to result in
inducing/rewarding breach of mass/dimension/loading requirement and knew/ought
to have known container weight declaration not provided/false or
misleading
|
100
|
|
|
66
|
179 (2)
|
give transport/journey documentation that is false/misleading about
relevant matter
|
50
|
|
|
67
|
183
|
fail to comply with condition of mass, dimension or loading
concession
|
50
|
|
|
68
|
196 (1)
|
fail to comply with requirement of improvement notice
|
50
|
|
|
69
|
209
|
fail to comply with requirement of supervisory intervention order
|
100
|
|
|
70
|
212
|
fail to comply with prohibition in prohibition order
|
100
|
|
|
71
|
217
|
employer dismisses/victimises employee because employee
complained/assisted/ gave information
|
100
|
|
|
72
|
218
|
employer/prospective employer not offer employment to/treat unfavourably
prospective employee because prospective employee complained/assisted/gave
information
|
100
|
|
|
73
|
221 (1)
|
fail to comply with employment order
|
50
|
|
|
74
|
310 (1)
|
fail to comply with direction under s 309 to stop/not move
vehicle/combination or not interfere with vehicle/combination/
equipment/load
|
50
|
$1000
|
|
75
|
312
|
fail to comply with direction under s 311 to move
vehicle/combination
|
50
|
$1000
|
|
76
|
314
|
fail to comply with direction under s 313 to move
vehicle/combination
|
50
|
$1000
|
|
77
|
316
|
fail to comply with direction under s 315 to vacate driver’s
seat or leave/not enter vehicle/combination
|
50
|
$1000
|
|
78
|
322
|
fail to comply with direction under s 321 to produce a
record/device/thing
|
50
|
$1000
|
|
79
|
324
|
|
|
|
|
79.1
|
• direction under s 323 (2)
|
fail to comply with direction to give personal details
|
50
|
$1000
|
|
79.2
|
• direction under s 323 (3)
|
fail to comply with direction to produce evidence of correctness of
personal details
|
50
|
$1000
|
|
80
|
326
|
fail to comply with direction under s 325 to provide information about
vehicle/ combination/load/equipment
|
50
|
$1000
|
|
81
|
338
|
fail to comply with direction under s 337 to give assistance
|
50
|
$1000
|
|
82
|
346
|
do something/instruct someone else to do something forbidden by embargo
notice
|
50
|
|
|
83
|
347
|
fail to prevent someone doing something forbidden by embargo
notice
|
50
|
|
|
84
|
501 (2) (a)
|
make record of protected information about someone else
|
50pu/ 6 months prison/both
|
|
|
85
|
501 (2) (b)
|
divulge protected information about someone else
|
50pu/ 6 months prison/both
|
|
|
86
|
503 (1)
|
use record/information for other purpose
|
50
|
|
|
87
|
510 (1)
|
drive light vehicle/light combination in contravention of
mass/dimension/loading restriction in regulation
|
20
|
$400
|
|
Part
1.8 Road Transport (Public Passenger
Services) Act 2001
substitute
Note 2 Other road transport legislation includes the
following:
• Road Transport (Alcohol and Drugs) Act 1977
• Road Transport (Driver Licensing) Act 1999
• Road Transport (General) Act 1999
• Road Transport (Mass, Dimensions and Loading) Act
2009
• Road Transport (Safety and Traffic Management) Act
1999
• Road Transport (Third-Party Insurance) Act 2008
• Road Transport (Vehicle Registration) Act 1999.
Part
1.9 Road Transport (Safety and Traffic
Management) Act 1999
substitute
Note 2 Other road transport legislation includes the
following:
• Road Transport (Alcohol and Drugs) Act 1977
• Road Transport (Driver Licensing) Act 1999
• Road Transport (General) Act 1999
• Road Transport (Mass, Dimensions and Loading) Act
2009
• Road Transport (Public Passenger Services) Act
2001
• Road Transport (Third-Party Insurance) Act 2008
• Road Transport (Vehicle Registration) Act 1999.
Part
1.10 Road Transport (Safety and
Traffic Management) Regulation 2000
[1.25] Division
2.2.1 heading, note 3, item 7
substitute
7
|
311 (1) (c)
|
Road Transport (Mass, Dimensions and Loading) Act 2009
|
[1.26] Section
33 (1), definition of oversize vehicle
substitute
oversize vehicle means a vehicle with a dimension that,
including the dimension of any load, exceeds a relevant dimension limit
under—
(a) the Road Transport (Mass, Dimensions and Loading)
Act 2009; or
(b) the Road Transport (Vehicle Registration) Regulation
2000.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
Part
1.11 Road Transport (Third-party
Insurance) Act 2008
substitute
Note 2 Other road transport legislation includes the
following:
• Road Transport (Alcohol and Drugs) Act 1977
• Road Transport (Driver Licensing) Act 1999
• Road Transport (General) Act 1999
• Road Transport (Mass, Dimensions and Loading) Act
2009
• Road Transport (Public Passenger Services) Act
2001
• Road Transport (Safety and Traffic Management) Act
1999
• Road Transport (Vehicle Registration) Act 1999.
Part
1.12 Road Transport (Vehicle
Registration) Act 1999
substitute
Note 2 Other road transport legislation includes the
following:
• Road Transport (Alcohol and Drugs) Act 1977
• Road Transport (Driver Licensing) Act 1999
• Road Transport (General) Act 1999
• Road Transport (Mass, Dimensions and Loading) Act
2009
• Road Transport (Public Passenger Services) Act
2001
• Road Transport (Safety and Traffic Management) Act
1999
• Road Transport (Third-Party Insurance) Act 2008
Part
1.13 Road Transport (Vehicle
Registration) Regulation 2000
substitute
163 Application of the Road Transport (Mass,
Dimensions and Loading) Act
(1) A person or vehicle is exempted from a dimension limit or any other
requirement of this regulation if the person or vehicle is exempted from the
limit or requirement under the Road Transport (Mass, Dimensions and Loading)
Act 2009.
Note 1 A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
Note 2 The Road Transport (Mass, Dimensions and Loading)
Regulation 2009 exempts vehicles from requirements in this
regulation.
(2) A breach of this regulation is to be disregarded in a prosecution if
it is to be disregarded under the Road Transport (Mass, Dimensions and
Loading) Act 2009.
(3) In this section:
dimension limit means a provision of this regulation that
limits or otherwise regulates the dimensions of a registrable vehicle (or a load
or projection of the vehicle).
[1.30] Schedule 1,
section 1.65 (4)
substitute
(4) Subsections (1), (2) and (3) do not apply to the extent of any
inconsistency with a notice or permit under the Road Transport (Mass,
Dimensions and Loading) Act 2009 that applies to the combination.
Note 1 A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
Note 2 The Road Transport (Mass, Dimensions and Loading)
Regulation 2009 provides for notices and permits.
[1.31] Schedule
1, part 1.7, note
omit
Road Transport (Dimensions and Mass) Act 1990
substitute
Road Transport (Mass, Dimensions and Loading) Act 2009
(see s 3)
Note 1 The Legislation Act contains definitions and other
provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• chief police officer
• contravene
• corporation
• Corporations Act
• document
• entity
• exercise
• fail
• function
• infringement notice
• night
• police officer
• road transport authority
• territory law
• the Territory
• under
• working day.
another jurisdiction means a jurisdiction other than the
ACT.
approved road transport compliance scheme means a scheme,
agreement or arrangement that—
(a) is prescribed by regulation; and
(b) makes provision for compliance with, and enforcement of, an Australian
heavy vehicle road law.
Example
a scheme, agreement or arrangement that provides for—
• a system of accreditation-based compliance; or
• an intelligent transport system; or
• a system applying alternative legal entitlements to the
entitlements otherwise applicable, such as one based on performance based
standards.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
associate, of another person, for part 2.4 (Additional
sanctions for heavy vehicle offences)—see section 191.
at premises includes in or on the premises.
Australian driver licence—see the Road Transport
(Driver Licensing) Act 1999, dictionary.
Australian heavy vehicle road law means—
(a) a heavy vehicle road law; or
(b) a corresponding heavy vehicle road law.
Australian heavy vehicle road law offence means an offence
against an Australian heavy vehicle road law.
Australian police officer means—
(a) a police officer; or
(b) a member (however described) of the police force or police service of
another jurisdiction.
authorised—
(a) to drive a vehicle or combination, for part 3.1 (Investigation
powers)—see section 303 (1); and
(b) to run the engine of a vehicle or combination for part 3.1
(Investigation powers)—see section 303 (2).
authorised person, for a provision of this Act,
means—
(a) a person who is appointed as an authorised person under the Road
Transport (General) Act 1999, section 19 for the provision;
or
(b) a person who is prescribed by regulation as an authorised person for
the provision.
Note A references to an authorised person includes a
reference to the road transport authority (see s 23).
authorised police officer, for division 2.4.2 (Improvement
notices)—see section 193.
authority—see road transport
authority.
base, of a driver of a vehicle or combination—see
section 10.
broken-down, for a motor vehicle, trailer or combination, for
part 3.1 (Investigation powers)—see section 306.
capabilities, of a vehicle—
(a) means the functional capabilities of the vehicle or any of the
vehicle’s components, as decided by—
(i) the vehicle’s manufacturer; or
(ii) the road transport authority; or
(iii) a corresponding road transport authority; and
(b) includes the vehicle’s—
(i) GCM and GVM; and
(ii) speed capabilities.
combination means a group consisting of a motor vehicle
connected to 1 or more other vehicles.
commercial benefits penalty order—see
section 202.
compliance purposes, in relation to a power to give a
direction to a person, for part 3.1 (Investigation powers)—see
section 307.
complying container weight declaration, for division 2.2.6
(Container weight declarations)—see section 169.
condition—
(a) includes a restriction; and
(b) of a mass, dimension or load restraint concession, for
division 2.2.9 (Concessions)—see section 182.
conduct means an act, an omission to perform an act or a
state of affairs.
connected, with an offence, for part 3.2 (Enforcement
powers)—see section 332.
consignee, of goods—see section 14.
consignor, of goods—see section 13.
container weight declaration, for a freight
container—see section 168.
contractor, for division 2.5.3 (Victimisation of people for
reporting breaches and assisting with investigations)—see section
216.
corresponding heavy vehicle road law means a law of another
jurisdiction that is—
(a) corresponding, or substantially corresponding, to a heavy vehicle road
law; or
(b) declared by regulation to be a corresponding heavy vehicle road
law.
corresponding law means—
(a) a law of another jurisdiction corresponding, or substantially
corresponding, to this Act; or
(b) a law of another jurisdiction that is prescribed by regulation to be a
corresponding law, whether or not the law corresponds, or substantially
corresponds, to this Act.
corresponding road transport authority means—
(a) if a person is prescribed by regulation as the corresponding road
transport authority for another jurisdiction for this Act—the person
prescribed; or
(b) the road transport authority as defined in a corresponding heavy
vehicle road law.
deficiency in a vehicle or combination, for division 2.3.2
(Other exceptions to offences)—see section 187.
depot includes a base of operations.
dimension requirement, for chapter 2 (Mass, dimensions and
loading requirements for vehicles)—see section 102.
divulge, for part 5.1 (Secrecy and information
sharing)—see section 500.
drive, for a vehicle or combination, includes
be in control of the vehicle or combination.
driver—
(a) of a vehicle or combination—see section 9; and
(b) of a disconnected trailer, for part 3.1 (Investigation
powers)—see section 305.
driver licence—see the Road Transport (Driver
Licensing) Act 1999, dictionary.
due date, for an improvement notice, for division 2.4.2
(Improvement notices)—see section 194.
employee—
(a) means an individual who works under a contract of employment,
apprenticeship or training; and
(b) for division 2.5.3 (Victimisation of people for reporting breaches and
assisting with investigations)—see section 216.
employer means a person who employs people
under—
(a) contracts of employment, apprenticeship or training; or
(b) contracts for services.
engage in conduct means—
(a) do an act; or
(b) fail to do an act.
equipment, in relation to a vehicle or combination, includes
tools, devices and accessories in the vehicle or combination.
extract, from a record, device or other thing, means a copy
of any information contained in the record, device or other thing.
fit, to drive a vehicle or combination, or run its engine,
for part 3.1 (Investigation powers)—see section 302.
formal warning, for chapter 2 (Mass, dimensions and loading
requirements for vehicles)—see section 200.
freight container—see section 15.
garage address, of a vehicle, means—
(a) if the vehicle is normally kept at a depot when not in use—the
main depot of the vehicle; or
(b) if the vehicle is not normally kept at a depot when not in
use—
(i) if the vehicle has only 1 registered operator—the home
address of the registered operator; or
(ii) if the vehicle has more than 1 registered operator—each of the
home addresses of the registered operators.
GCM (or gross combination mass), of a
vehicle, means the greatest possible sum of the maximum loaded mass of the
vehicle and of any vehicles that may be towed by it at the one
time—
(a) specified by the manufacturer on an identification plate on the motor
vehicle; or
(b) as specified by the road transport authority if—
(i) there is no specification by the manufacturer on an identification
plate on the motor vehicle; or
(ii) the specification is not appropriate because the motor vehicle has
been modified.
goods—
(a) includes—
(i) animals (whether alive or dead); and
(ii) a container (whether empty or not); but
(b) does not include—
(i) people; or
(ii) for a vehicle or combination—fuel, water, lubricants and
equipment required for the normal operation of the vehicle or
combination.
GVM (or gross vehicle mass), of a
vehicle, means the maximum loaded mass of the vehicle—
(a) specified by the manufacturer on an identification plate on the
vehicle; or
(b) if there is no specification by the manufacturer on an identification
plate on the vehicle—certified by the road transport authority;
or
(c) if the manufacturer’s specification is not appropriate because
the motor vehicle has been modified—certified by the road transport
authority.
heavy combination—see section 8.
heavy vehicle—see section 7.
heavy vehicle road law means the following—
(a) this Act;
(b) any other provision of the road transport
legislation prescribed by regulation.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any regulation (see
Legislation Act, s 104).
heavy vehicle road law offence means an offence against a
heavy vehicle road law.
home address, of a person, means—
(a) for an individual—the address of the place where the person
usually lives; or
(b) for a corporation that has a registered office in Australia—the
address of the registered office; or
(c) in any other case—the address of the person’s principal or
only place of business in Australia.
imminent, loss or shifting of a load, for part 2.2 (Mass,
dimension and loading requirements for heavy vehicles and heavy
combinations)—see section 105.
improvement notice, for division 2.4.2 (Improvement
notices)—see section 194.
in, a vehicle or combination, includes on the vehicle or
combination.
intelligent transport system means a system involving the use
of electronic or other technology (whether located in a vehicle or combination,
or on or near a road, or elsewhere) that has the capacity and capability to
monitor, collect, store, display, analyse, transmit or report information
relating to—
(a) the following:
(i) a vehicle or combination or its equipment or load;
(ii) the driver of a vehicle or combination;
(iii) the operator of a fleet of vehicles or combinations;
(iv) someone else involved in road transport; and
(b) without limiting paragraph (a), the operation of a vehicle or
combination in relation to its legal entitlements.
journey documentation—see section 19.
jurisdiction means a State, the Commonwealth or an internal
Territory, including the ACT.
learner licence—see the Road Transport (Driver
Licensing) Act 1999, dictionary.
legal entitlements, of a vehicle or combination (or component
of a vehicle or combination)—
(a) means the particulars of the entitlements under an Australian heavy
vehicle road law that authorise the vehicle or combination (or component) to be
operated on a road or road related area; and
(b) includes entitlements arising under or as affected by—
(i) a permit, authorisation, approval, exemption, notice or anything else
given or issued in writing under the law; and
(ii) restrictions, or the application of restrictions, under an Australian
heavy vehicle road law or other laws; and
Example
1 sign-posted mass limits for bridges
2 hazardous weather condition permits
3 special road protection limits
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(iii) an approved road transport compliance scheme.
load, of a vehicle or combination, or in a vehicle or
combination—
(a) means—
(i) all the goods, passengers and drivers in the vehicle or combination;
and
(ii) all fuel, water, lubricants and readily removable equipment carried
in the vehicle or combination and required for the vehicle’s or
combination’s normal operation; and
(iii) personal items used by a driver of the vehicle or combination;
and
(iv) anything that is normally removed from the vehicle or combination
when not in use; and
(b) includes a part of a load.
loader, of goods—see section 17.
loading requirement, for chapter 2 (Mass, dimensions and
loading requirements for vehicles)—see section 103.
lower limit, for a breach of a mass, dimension or loading
requirement, for chapter 2 (Mass, dimensions and loading requirements for
vehicles)—see section 100.
mass, dimension or loading concession, for division 2.2.9
(Concessions)—see section 181.
mass, dimension or loading requirement means any of the
following:
(a) a mass requirement;
(b) a dimension requirement;
(c) a loading requirement.
Note A regulation may impose mass, dimension or loading requirements
about the use of roads or road related areas by vehicles
(see s 509).
mass requirement, for chapter 2 (Mass, dimensions and loading
requirements for vehicles)—see section 101.
minor risk breach, of a mass, dimension or loading
requirement, for chapter 2 (Mass, dimensions and loading requirements for
vehicles)—see section 109.
motor vehicle means a vehicle built to be propelled by a
motor that forms part of the vehicle.
occupier, of premises, a vehicle or combination, for part 3.2
(Enforcement powers)—see section 332.
offence, for part 3.2 (Enforcement powers)—see section
332.
operator, of a vehicle or combination—see
section 11.
owner—
(a) for a vehicle (including a vehicle in a combination), means a person
who—
(i) is the sole owner, a joint owner or a part owner of the vehicle;
or
(ii) has possession or use of the vehicle under a credit, hire-purchase,
lease or other agreement, other than an agreement requiring the vehicle to be
registered in the name of someone else; or
(b) for a combination, means a person who—
(i) is the sole owner, a joint owner or a part owner of the towing vehicle
in the combination; or
(ii) has possession or use of the towing vehicle in the combination under
a credit, hire-purchase, lease or other agreement, other than an agreement
requiring the vehicle to be registered in the name of someone else.
package, of goods—see section 16.
packer, of goods for transport by road—see
section 16.
particular RTA instructions, for division 2.2.3 (Enforcement
powers)—see section 123.
passenger, for a vehicle or combination, does not include a
driver of the vehicle or combination or anyone necessary for the normal
operation of the vehicle or combination.
police officer—see section 23.
premises includes any structure, building, vessel or place
(whether built on or not), and any part of the structure, building, vessel or
place.
prohibition order, for chapter 2 (Mass, dimensions and
loading requirements for vehicles)—see section 210.
protected information, for part 5.1 (Secrecy and information
sharing)—see section 500.
public agency, for division 2.5.3 (Victimisation of people
for reporting breaches and assisting with investigations)—see
section 216.
public authority means—
(a) an Australian government in any capacity; or
(b) a body established under a law, or the holder of an office established
under a law, for a public purpose, including a local government authority;
or
(c) a police force or police service.
public place means a place which is open to members of the
public (with or without payment) but does not include—
(a) a track that, at the relevant time, is being used as a course for
racing or testing motor vehicles and from which other traffic is excluded during
the use; or
(b) a road or road related area; or
(c) a place exempted by regulation.
public safety means the safety of people or property,
including the safety of—
(a) the drivers of and passengers in vehicles and combinations;
and
(b) people in or near (or likely to be in or near) roads, road related
areas, road infrastructure and public places; and
(c) vehicles and combinations and any loads in them.
qualified, to drive a vehicle or combination or run its
engine, for part 3.1 (Investigation powers)—see
section 301.
reasonable steps exception means—
(a) for an offence—the exception mentioned in section 185;
and
(b) for the operator or driver of a heavy vehicle or heavy combination for
an offence involving a breach of a mass requirement—the exception
mentioned in section 186.
reciprocal powers agreement—see
section 20.
records means any documents, documentation or records,
whether in paper, electronic or any other form.
registered operator means—
(a) for a vehicle (including a vehicle in a combination)—
(i) for a vehicle registered under the Road Transport (Vehicle
Registration) Act 1999—a person recorded in the registrable vehicles
register kept under that act as a registered operator of the vehicle;
or
(ii) for a vehicle registered under the law of another
jurisdiction—a person recorded in the register of the other jurisdiction
corresponding to the registrable vehicles register as a registered operator
(however described) of the vehicle; or
(b) for a combination—
(i) if the towing vehicle is registered under the Road Transport
(Vehicle Registration) Act 1999—a person recorded in the registrable
vehicles register kept under that act as a registered operator of the towing
vehicle; or
(ii) if the towing vehicle is registered under the law of another
jurisdiction—a person recorded in the register of the other jurisdiction
corresponding to the registrable vehicles register as a registered operator
(however described) of the towing vehicle.
registration, of a heavy vehicle, means registration of the
vehicle under an Australian heavy vehicle road law.
responsible entity, for a freight
container—see section 167.
responsible person, for a heavy vehicle or heavy
combination—see section 12.
road—
(a) means an area that is open to or used by the public and is developed
for, or has as 1 of its main uses, the driving or riding of motor vehicles;
but
(b) does not include an area that would otherwise be a road as far as a
declaration under the Road Transport (General) Act 1999, section 12
(Power to include or exclude areas in road transport legislation) declares that
this Act does not apply to the area.
road infrastructure—
(a) includes—
(i) a road, or road related area, including its surface or pavement;
and
(ii) anything under or supporting a road, or road related area, or its
surface or pavement and maintained by the territory; and
(iii) any bridge, tunnel, causeway, road-ferry, ford or other work or
structure forming part of a road system, or road related area system, or
supporting a road or road related area; and
(iv) any bridge or other work or structure located above, in or on a road
or road related area and maintained by the territory; and
(v) any traffic control devices, railway or tramway equipment, electricity
equipment, emergency telephone systems or any other facilities (whether of the
same or a different kind) in, on, over, under or connected with anything
mentioned in subparagraphs (i) to (iv); and
(vi) anything else prescribed by regulation as road infrastructure;
but
(b) does not include anything prescribed by regulation as not road
infrastructure.
road related area—
(a) means—
(i) an area that divides a road; or
(ii) a footpath or nature strip adjacent to a road; or
(iii) an area that is open to the public and is designated for use by
cyclists or animals; or
(iv) an area that is not a road and that is open to or used by the public
for driving, riding or parking vehicles; or
(v) a shoulder of a road; and
(b) includes any other area that is open to or used by the public as far
as a declaration under the Road Transport (General) Act 1999,
section 12 (Power to include or exclude areas in road transport
legislation) declares that this Act applies to the area; and
(c) does not include an area that would otherwise be a road related area
as far as a declaration under the Road Transport (General) Act 1999,
section 12, declares that this Act does not apply to the area.
roads compensation order—see
section 404.
road transport means the transport of goods or passengers by
road by means of a vehicle or combination.
road transport legislation—see the Road Transport
(General) Act 1999, section 6.
run, the engine of a vehicle or combination, includes to
start or stop the engine.
severe risk breach, of a mass, dimension or loading
requirement, for chapter 2 (Mass, dimensions and loading requirements for
vehicles)—see section 111.
specifications, of a vehicle, means the physical dimensions
and other physical attributes of the vehicle and its fittings.
substantial risk breach, of a mass, dimension or loading
requirement, for chapter 2 (Mass, dimensions and loading requirements for
vehicles)—see section 110.
suitable location, for a police officer or authorised person
giving a direction, for division 2.2.3 (Enforcement powers)—see
section 123.
supervisory intervention order, for chapter 2 (Mass,
dimensions and loading requirements for vehicles)—see
section 206.
traffic includes vehicle traffic, pedestrian traffic, and all
other forms of road traffic.
trailer—
(a) means a vehicle that, whether or not its movement is aided by another
power source—
(i) is built to be towed, or is towed, by another vehicle; and
(ii) is not capable of being propelled in the course of normal use on a
road without being towed by another vehicle; but
(b) does not include—
(i) a motor vehicle being towed; or
(ii) anything excluded by regulation.
transport by road—see road
transport.
transport documentation—see section 18.
unattended, for a vehicle or combination, for part 3.1
(Investigation powers)—see section 304.
use, a vehicle, includes drive, park or stop the vehicle on a
road or road related area.
vehicle means—
(a) a vehicle on wheels, other than a vehicle used on railways or
tramways; or
(b) any other vehicle prescribed by regulation; or
(c) anything else that, under a regulation, is to be taken to be a
vehicle.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2009.
2 Notification
Notified under the Legislation Act on 2009.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2009
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