ROAD TRANSPORT (MASS, DIMENSIONS AND LOADING) ACT 2009 (NO. 22 OF 2009)

Australian Capital Territory Numbered Acts

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ROAD TRANSPORT (MASS, DIMENSIONS AND LOADING) ACT 2009 (NO. 22 OF 2009)

TABLE OF PROVISIONS

Long Title

CHAPTER 1--PRELIMINARY

PART 1.1--INTRODUCTION

1. Name of Act
2. Commencement
3. Dictionary
4. Notes
5. Offences against Act—application of Criminal Code etc
6. Objects of Act

PART 1.2--IMPORTANT CONCEPTS

7. Meaning of heavy vehicle
8. Meaning of heavy combination
9. Meaning of driver of vehicle or combination
10. Meaning of base of driver of vehicle or combination
11. Meaning of operator of vehicle or combination
12. Meaning of responsible person for heavy vehicle or heavy
13. Meaning of consignor of goods
14. Meaning of consignee of goods
15. Meaning of freight container
16. Meaning of package of goods and packer
17. Meaning of loader of goods
18. Meaning of transport documentation
19. Meaning of journey documentation

PART 1.3--AUTHORISED PEOPLE

20. Reciprocal powers agreements
21. Reciprocal powers agreements—functions
22. Road transport authority may designate other jurisdiction card as identity
23. Road transport authority may exercise functions of police officers and authorised

CHAPTER 2--MASS, DIMENSIONS AND LOADING REQUIREMENTS FOR VEHICLES

PART 2.1--DEFINITIONS--CH 2

100. Definitions—ch 2
101. Meaning of mass requirement—ch 2
102. Meaning of dimension requirement—ch 2
103. Meaning of loading requirement—ch 2

PART 2.2--MASS, DIMENSIONS AND LOADING REQUIREMENTS FOR HEAVY VEHICLES AND HEAVY COMBINATIONS

Division 2.2.1--Preliminary

104. Purpose and operation—pt 2.2
105. Meaning of imminent loss or shifting of load—pt 2.2
106. Deciding whether breach involves appreciable risk of harm
107. Movement of people not shifting or loss of load

Division 2.2.2--Categorisation of breaches

Subdivision 2.2.2.1--Categories of breaches

108. Categories generally
109. Meaning of minor risk breach—ch 2
110. Meaning of substantial risk breach—ch 2
111. Meaning of severe risk breach—ch 2
112. Lower limits—breach of mass requirements
113. Lower limits—breach of dimension requirements—load
114. Lower limits—breach of dimension requirements—overall
115. Lower limits—breach of dimension requirements—height
116. Lower limits—breach of dimension requirements—length

Subdivision 2.2.2.3--Some breaches taken to be higher category breaches

117. Lower limits—some width breaches higher category breaches
118. Lower limits—some length breaches higher category breaches
119. Lower limits—some dimension breaches higher category
120. Regulation may increase lower limits
121. Requirement breaches relating to dangerous

Division 2.2.3--Enforcement powers

Subdivision 2.2.3.1--Application and definitions

122. Application—div 2.2.3
123. Definitions—div 2.2.3

Subdivision 2.2.3.2--Minor risk breaches

124. Minor risk breaches—authorisation and directions
125. Minor risk breaches—authorisation to proceed
126. Minor risk breaches—directions to stop and rectify
127. Minor risk breaches—directions to move and rectify
128. Offence—minor risk breaches—fail to comply with directions

Subdivision 2.2.3.3--Substantial risk breaches

129. Substantial risk breaches—directions
130. Substantial risk breaches—directions to stop and rectify
131. Substantial risk breaches—directions to move and rectify
132. Offence—substantial risk breaches—fail to comply with directions

Subdivision 2.2.3.4--Severe risk breaches

133. Severe risk breaches—directions
134. Severe risk breaches—directions to stop and rectify
135. Severe risk breaches—directions to move and rectify
136. Offence—severe risk breaches—fail to comply with directions

Subdivision 2.2.3.5--Miscellaneous

137. Authorisation to continue journey if minor risk breach
138. Offence—fail to comply with authorisation to continue journey
139. Operation of directions for combinations
140. Directions and authorisations to be in writing

Division 2.2.4--Liability for breaches of mass, dimensions and loading requirements

Subdivision 2.2.4.1--Liability of consignors

141. Offence—liability of consignors—minor and substantial mass breaches
142. Offence—liability of consignors—severe mass breaches
143. Offence—liability of consignors—weight exceeds marked weight
144. Offence—liability of consignors—minor and substantial dimension and loading
145. Offence—liability of consignors—severe dimension and loading breaches

Subdivision 2.2.4.2--Liability of packers

146. Offence—liability of packers—minor and substantial mass breaches
147. Offence—liability of packers—severe mass breaches
148. Offence—liability of packers—weight exceeds marked weight
149. Offence—liability of packers—minor and substantial dimensions and loading
150. Offence—liability of packers—severe dimensions and loading breaches

Subdivision 2.2.4.3--Liability of loaders

151. Offence—liability of loaders—minor and substantial mass breaches
152. Offence—liability of loaders—severe mass breaches
153. Offence—liability of loaders—minor and substantial dimension and loading
154. Offence—liability of loaders—severe dimension and loading breaches

Subdivision 2.2.4.4--Liability of operators

155. Offence—liability of operators—minor and substantial mass breaches
156. Offence—liability of operators—severe mass breaches
157. Offence—liability of operators—minor and substantial dimension and loading
158. Offence—liability of operators—severe dimension and loading breaches

Subdivision 2.2.4.5--Liability of drivers

159. Offence—liability of drivers—minor and substantial mass breaches
160. Offence—liability of drivers—severe mass breaches
161. Offence—liability of drivers—minor and substantial dimensions and loading
162. Offence—liability of drivers—severe dimensions and loading breaches

Subdivision 2.2.4.6--Liability of consignees

163. Offence—liability of consignees

Division 2.2.5--Sanctions

164. Matters to be taken into consideration by courts
165. Default categorisation

Division 2.2.6--Container weight declarations

166. Application—div 2.2.6
167. Meaning of responsible entity for freight container
168. Meaning of container weight declaration
169. Meaning of complying container weight
170. Offence—duty of responsible entities for freight containers
171. Offence—duty of operators of vehicles and combinations
172. Offence—duty of drivers of vehicles and combinations
173. Offence—liability of consignees

Division 2.2.7--Recovery of losses—container weight declarations not given or inaccurate

174. Recovery of losses—container weight declaration not given
175. Recovery of losses—container weight declaration inaccurate
176. Recovery of losses by responsible entity for freight container
177. Assessment of amount or attributable amount
178. Costs—div 2.2.7

Division 2.2.8--False and misleading transport and journey documentation

179. Offence—provide false or misleading transport and journey documentation

Division 2.2.9--Concessions

180. Operation—div 2.2.9
181. Meaning of mass, dimension or loading
182. Meaning of condition—div 2.2.9
183. Offence—fail to comply with concession conditions
184. Effect of fail to comply with concession conditions—prosecutions

PART 2.3--GENERAL EXCEPTIONS TO OFFENCES

Division 2.3.1--Reasonable steps exception

185. Reasonable steps exception
186. Reasonable steps exception—reliance on container weight

Division 2.3.2--Other exceptions to offences

187. Meaning of deficiency in a vehicle or
188. Exception for owners and operators
189. Exception for drivers
190. Exception if complying with direction

PART 2.4--ADDITIONAL SANCTIONS FOR HEAVY VEHICLE OFFENCES

Division 2.4.1--Preliminary

191. Meaning of associate—pt 2.4
192. Penalties imposed by courts

Division 2.4.2--Improvement notices

193. Definitions—div 2.4.2
194. Improvement notices
195. Extensions of time to comply with improvement notices
196. Offence—fail to comply with improvement notice
197. Amendment of improvement notices
198. Cancellation of improvement notices
199. Clearance certificates

Division 2.4.3--Formal warnings

200. Formal warnings
201. Withdrawal of formal warnings

Division 2.4.4--Commercial benefits penalty orders

202. Commercial benefits penalty orders
203. Commercial benefits penalty orders—estimating gross commercial

Division 2.4.5--Licensing and registration sanctions

204. Sanctions involving driver licences
205. Sanctions involving heavy vehicle registration

Division 2.4.6--Supervisory intervention orders

206. Supervisory intervention orders
207. Supervisory intervention orders—compliance reports
208. Supervisory intervention orders—amendment and revocation
209. Offence—fail to comply with supervisory intervention order

Division 2.4.7--Prohibition orders

210. Prohibition orders
211. Prohibition orders—amendment and revocation
212. Offence—fail to comply with prohibition order

PART 2.5--OTHER PROVISIONS ABOUT MASS, DIMENSIONS AND LOADING REQUIREMENTS

Division 2.5.1--Mutual recognition

213. Effect of prescribed administrative actions of authorities of other
214. Effect of court orders of other jurisdictions

Division 2.5.2--Declared zones and declared routes

215. Minister may declare zones and routes

Division 2.5.3--Victimisation of people for reporting breaches and assisting with investigations

216. Definitions—div 2.5.3
217. Offence—victimisation of employees for reporting breaches or assisting with
218. Offence—victimisation of prospective employees for reporting breaches or assisting with
219. Victimisation offences—order for compensation
220. Victimisation offences—order for re-employment etc
221. Offence—fail to comply with employment order

CHAPTER 3--INVESTIGATION AND ENFORCEMENT

PART 3.1--INVESTIGATION POWERS

Division 3.1.1--Preliminary

300. Definitions—pt 3.1
301. Meaning of qualified to drive or run engine—pt 3.1
302. Meaning of fit to drive or run engine—pt 3.1
303. Meaning of authorised to drive or run engine—pt 3.1
304. Meaning of unattended vehicle or combination—pt 3.1
305. Meaning of driver of disconnected trailer—pt 3.1
306. Meaning of broken-down motor vehicle, trailer or combination—pt
307. Exercise of power for compliance purposes—pt 3.1

Division 3.1.2--Directions to stop, move and leave heavy vehicles and heavy combinations

308. Application—div 3.1.2
309. Directions to stop vehicles and combinations
310. Offence—fail to comply with direction to stop vehicle or combination
311. Directions to move vehicles and combinations—exercise of other
312. Offence—fail to comply with direction to move vehicle or combination—exercise of other
313. Directions to move vehicles and combinations—harm or obstruction
314. Offence—fail to comply with direction to move vehicle or combination—harm or
315. Directions to leave vehicles and combinations
316. Offence—fail to comply with direction to leave vehicle or combination

Division 3.1.3--Power to move unattended and broken-down vehicles and combinations

317. Moving unattended vehicles and combinations—exercise other
318. Moving unattended and broken-down vehicles and combinations—harm or
319. Moving unattended and broken-down vehicles and combinations—harm or
320. Driving vehicles and combinations—div 3.1.3—driver need not be

Division 3.1.4--Directions to provide records, information, etc

321. Directions to produce records, devices, etc
322. Offence—fail to comply with direction to produce records, devices, etc
323. Direction to give name etc
324. Offence—fail to comply with direction to give name etc
325. Directions to provide information
326. Offence—fail to comply with direction to provide information

Division 3.1.5--Provisions about directions

327. How directions may be given
328. Directions to state time for compliance
329. Amendment and revocation of directions and conditions
330. Directions may be given under more than 1 provision
331. Protection from incrimination

PART 3.2--ENFORCEMENT POWERS

Division 3.2.1--Preliminary

332. Definitions—pt 3.2

Division 3.2.2--Powers of authorised people

333. Power to enter premises, vehicles and combinations
334. Production of identity card
335. Consent to entry
336. General powers on entry to premises, vehicles and combinations
337. Directions to give assistance
338. Offence—fail to comply with direction to give assistance
339. Assistance with running engine
340. Protection for people assisting with running engine
341. Use of assistants and equipment
342. Use of equipment to examine and process things
343. Use and seizure of electronic equipment
344. Power to seize things

Division 3.2.3--Embargo notices

345. Embargo notices
346. Offence—fail to comply with embargo notice
347. Offence—fail to prevent someone else doing something forbidden by embargo
348. Revocation of embargo notice

Division 3.2.4--Search warrants

349. Warrants generally
350. Warrants—application made other than in person
351. Search warrants—announcement before entry
352. Details of search warrant to be given to occupier etc
353. Occupier entitled to be present during search etc

Division 3.2.5--Return and forfeiture of things seized

354. Receipt for things seized
355. Moving things to another place for examination or processing under search
356. Access to things seized
357. Return of things seized
358. Forfeiture of seized things
359. Application for order disallowing seizure
360. Order for return of seized thing

PART 3.3--MISCELLANEOUS

361. Damage etc to be minimised
362. Restoring vehicle, premises etc to original condition after action
363. Compensation for exercise of enforcement powers
364. Only police officers to use force against people

CHAPTER 4--COURT PROCEEDINGS

PART 4.1--LIABILITY FOR OFFENCES

400. Criminal liability of executive officers of corporations
401. Offence—partners etc taken to have committed offences of other partners
402. Offence—managers etc of unincorporated associations taken to have committed offences of other
403. Offence—registered operators taken to have committed offences of operators

PART 4.2--ROADS COMPENSATION ORDERS FOR DAMAGE TO ROAD INFRASTRUCTURE

404. Roads compensation orders—making
405. Roads compensation orders—application
406. Roads compensation orders—assessment
407. Roads compensation orders—certificates
408. Roads compensation orders—limits on amount
409. Roads compensation orders—costs
410. Roads compensation orders—enforcement
411. Roads compensation orders—other orders and awards

PART 4.3--EVIDENCE

412. Proof of appointments unnecessary
413. Averments
414. Evidence—measuring and weighing
415. Evidence—mass of vehicle or combination
416. Evidence—manufacturer's ratings
417. Evidence—vehicle or combination not heavy vehicle or heavy combination
418. Evidence—transport documentation and journey documentation

CHAPTER 5--MISCELLANEOUS

PART 5.1--SECRECY AND INFORMATION SHARING

500. Definitions—pt 5.1
501. Secrecy
502. Information sharing guidelines
503. Offence—information not to be used for other purposes
504. Road transport authority may give seized records etc to other
505. Road transport authority may give information to other

PART 5.2--OTHER MISCELLANEOUS PROVISIONS

506. Contracting out prohibited
507. Regulation-making power
508. Regulations—exemptions
509. Regulations—mass, dimension and loading restrictions on use of vehicles
510. Offence—drive light vehicle in breach of mass, dimension or loading restriction in
511. Regulations—may apply certain documents etc
512. Legislation amended—sch 1
513. Legislation repealed

CHAPTER 6--TRANSITIONAL

600. Definitions—ch 6
601. Transitional—unattended vehicle notices
602. Transitional—load directions
603. Transitional regulations
604. Expiry—ch 6
SCHEDULE 1
DICTIONARY
ENDNOTES

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