2009

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Transport)

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)

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.

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).

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.

(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.

In this Act:

heavy combination means—

(a) a combination that includes a heavy vehicle; or

(b) a combination prescribed by regulation.

(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.

(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.

(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.

(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;

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.

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.

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.

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.

(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.

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).

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).

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).

(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).

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).

Note Authorised people are appointed and issued with identity cards under the Road Transport (General) Act 1999, s 19 and s 20.

(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.

(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.

(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.

(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.

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.

(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.

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.

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.

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).

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.

(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.

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.

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.

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.

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.

(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:

(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.

(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:

(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).

(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).

(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).

(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.

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).

(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.

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.

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).

(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).

(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).

(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.

(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.

(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.

(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.)

(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.

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.

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).

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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

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.

Note Consignor, of goods—see s 13.

(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.

(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.

(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.

(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.

(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.

Note Packer, of goods for transport by road—see s 16.

(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.

(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.

(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.

(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.

(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.

Note Loader, of goods—see s 17.

(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.

(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.

(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.

(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.

Note Operator, of a vehicle or combination—see s 11.

(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.

(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.

(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.

(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).

Note Driver, of a vehicle or combination—see s 9.

(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.

(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.

(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.

(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.

Note Consignee, of goods—see s 14.

(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.

(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.

(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.

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.

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.

(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.

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.

(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.

(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.

(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.

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.

(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).

(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).

(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).

(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.

(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.

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.

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.

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.

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.

(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.

(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.

(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.

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.

(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).

(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).

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).

(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).

(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.

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.

(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.

(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).

(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.

(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.

(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.

(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.

(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.

(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.

(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.

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.

(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).

(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.

(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;

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).

(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.

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.

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.

(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.

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.

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.

(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).

(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).

(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.

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.

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.

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.

(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.

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.

(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.

Note Other enforcement powers are in div 2.2.3.

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.

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.

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).

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.

(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.

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.

(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.

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.

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.

(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.

(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.

(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.

(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.

(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).

(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.

(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).

(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.

(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.

(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.

(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.

(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).

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.

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.

(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.

(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).

(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.

(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).

(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.

(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).

(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.

(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).

(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).

(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.

(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.

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.

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).

(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