This legislation has been repealed.
- As at 10 February 2014 - Act 11 of 2005 TABLE OF PROVISIONS Long Title CHAPTER 1 - PRELIMINARY PART 1.1 - INTRODUCTORY Note 1. Name of Act 2. Commencement 3. Definitions 4. Notes 5-7. (Repealed) 8. Act to bind Crown 9. Contracting out prohibited PART 1.2 - REGULATIONS 10. Regulations 11. Regulations relating to mass, dimension, load restraint and access requirements 11A. Regulations relating to intelligent transport systems 11B. Regulations relating to fatigue management 11C. Regulations relating to speeding compliance 12. Regulations may provide that Roads Act 1993 does not apply in certain circumstances 13. Regulations may exclude vehicles, animals and persons from this Act or the regulations CHAPTER 2 - (Repealed) None CHAPTER 3 - MASS, DIMENSION AND LOAD RESTRAINT REQUIREMENTS FOR VEHICLES PART 3.1 - PRELIMINARY 19. Operation of this Chapter 20. Definitions 21. Operators 22. Driver's base 23. Associates 24. Determining whether a breach "involves" risk 25. Meaning of "imminent" loss or shifting of load PART 3.2 - MASS, DIMENSION, LOAD RESTRAINT AND OTHER RESTRICTIONS FOR VEHICLES 26. Use of vehicle in contravention of mass, dimension or load restraint requirements 27. Excess permits 28. Mass requirements on certain roads and bridges etc 28A. Incremental pricing schemes PART 3.3 - SPECIAL PROVISIONS--MASS, DIMENSION AND LOAD RESTRAINT REQUIREMENTS FOR HEAVY VEHICLES Division 1 - Preliminary 29. Operation of this Part Division 2 - Categorisation of breaches Subdivision 1 - Categories of breaches 30. Categories generally 31. Minor risk breaches 32. Substantial risk breaches 33. Severe risk breaches Subdivision 2 - Lower limits (for substantial or severe risk breaches of mass or dimension requirements) 34. Lower limits--mass breaches 35. Lower limits--width breaches 36. Lower limits--width breaches: overall width of vehicle or combination 37. Lower limits--height breaches 38. Lower limits--overall length breaches Subdivision 3 - Recategorisation of certain breaches 39. Lower limits--width breaches: recategorisation of certain breaches 40. Lower limits--overall length breaches: recategorisation of certain breaches involving rear projections 41. Lower limits--dimension breaches: recategorisation of certain breaches involving dangerous projections Subdivision 4 - Miscellaneous 42. Regulations for increasing lower limits 43. Special categorisation of breaches of requirements relating to dangerous projections 44. Other provisions for categorisation to prevail Division 3 - Enforcement powers Note 45. Minor risk breaches 46. Substantial risk breaches 47. Severe risk breaches 48. Detention of vehicles 49. Authorisation to continue journey where only minor risk breaches 50. Operation of directions in relation to combinations 51. Directions and authorisations to be in writing 52. Application of Division in relation to other directions Division 4 - Liability for breaches of mass, dimension or load restraint requirements 53. Liability of consignor 54. Liability of packer 55. Liability of loader 56. Liability of operator 57. Liability of driver 58. Liability of consignee 59. Penalty levels: offences referred to in Table to Division Table of penalties for mass, dimension and load restraint breaches Division 5 - Sanctions 60. Matters to be taken into consideration by courts 61. Default categorisation Division 6 - Container weight declarations 62. Application of Division 63. Meaning of "responsible entity" 64. Container weight declarations 65. Complying container weight declarations 66. Duty of responsible entity 67. Duty of operator 68. Duty of driver 69. Liability of consignee--knowledge of matters relating to container weight declaration Division 7 - Recovery of losses resulting from non-provision of or inaccurate container weight declarations 70. Recovery of losses for non-provision of container weight declaration 71. Recovery of losses for provision of inaccurate container weight declaration 72. Recovery of amount by responsible entity 73. Assessment of monetary value or attributable amount 74. Costs Division 8 - Transport documentation 75. False or misleading transport documentation: liability of consignor, packer, loader, receiver and others Division 9 - Concessions 76. Definitions 77. Offence of contravening condition 78. Effect of contravening condition--prosecutions or other action 79. Operation of Division PART 3.4 - PROCEEDINGS FOR OFFENCES FOR MASS, LOADING AND DIMENSION REQUIREMENTS Division 1 - Liability of registered operators and owners 80. Liability of registered operators and owners 81. Complicity and common purpose (aiding and abetting) 82. Causing or permitting 83. Coercing, inducing or offering incentive Division 2 - Defences 84. Sudden or extraordinary emergency 85. Lawful authority 86. Other defences Division 3 - Reasonable steps defence 87. Reasonable steps defence for mass requirements: drivers, operators and owners 88. Reasonable steps defence for other mass, dimension and load restraint requirements 89. Reasonable steps defence--reliance on container weight declaration 90. Defence of mistaken and reasonable belief not available for specified offences Division 4 - Other special defences 91. Meaning of "deficiency concerning a vehicle or combination" 92. Special defence for all owners or operators 93. Special defence for drivers, owners and operators of light vehicles 94. Special defence for drivers 95. Special defence of compliance with direction Division 5 - Fines 96. Provisions relating to first offences and second or subsequent offences PART 3.5 - ADDITIONAL SANCTIONS FOR HEAVY VEHICLE OFFENCES Division 1 - Preliminary 97. Operation of Part 98. Penalties imposed by courts Division 2 - Improvement notices 99. Definition 100. Improvement notices 101. Contravention of improvement notice 102. Amendment of improvement notices 103. Cancellation of improvement notices 104. Clearance certificates Division 3 - Formal warnings 105. Formal warnings 106. Withdrawal of formal warnings Division 4 - Commercial benefits penalty orders 107. Commercial benefits penalty orders Division 5 - Registration sanctions 108. Power to affect vehicle registration Division 6 - Supervisory intervention orders 109. Supervisory intervention orders 110. Contravention of supervisory intervention order Division 7 - Prohibition orders 111. Prohibition orders 112. Contravention of prohibition order PART 3.6 - GENERAL 113. Effect of administrative actions of authorities of other jurisdictions 114. Effect of court orders of other jurisdictions 115. Declared zones and routes 116. Dismissal or other victimisation of employee or contractor assisting with or reporting breaches 117. Confidentiality 118. False or misleading information provided to responsible persons 119. Authority may provide information to TfNSW and corresponding Authorities 120. Exemption from liability CHAPTER 4 - INVESTIGATION POWERS PART 4.1 - (Repealed) None PART 4.2 - INVESTIGATION POWERS FOR CERTAIN LAWS Division 1 - Preliminary 130. Application of Part 131. Meaning of qualified, fit or authorised to drive or run engine 132. Meaning of unattended vehicle or combination and driver of disconnected trailer 133. Meaning of broken down vehicle or combination 134. Meaning of compliance purposes Division 2 - Directions to stop, move or leave vehicles or combinations 135. Application of Division 136. Direction to stop vehicle or combination: to enable exercise of other powers 137. Direction to move vehicle or combination: to enable exercise of other powers 138. Direction to move vehicle or combination: where danger or obstruction 139. Direction to leave vehicle or combination 140. Manner of giving directions under this Division Division 3 - Power to move unattended or broken down vehicles or combinations 141. Moving unattended vehicle or combination: to enable exercise of other functions 142. Moving unattended or broken down vehicle or combination: where danger or obstruction 143. Operator's authorisation not required for driving under this Division Division 4 - Powers of inspection and search Note 144. Power to inspect vehicle or combination on a road, public place or certain official premises 145. Power to search vehicle or combination on a road, public place or certain official premises 146. Additional vehicle search powers relating to fatigue offences 147. Power to inspect premises 148. Power to search premises 149. Residential purposes Division 5 - Other directions 150. Direction to produce records, devices or other things 151. Direction to give name and other personal details in cases relating to heavy vehicle offences 152. Direction to provide information 153. Direction to provide reasonable assistance for powers of inspection and search 154. Provisions relating to running engine 154A. Directions relating to driver fatigue 155. Manner of giving directions under this Division 156. Directions to state when to be complied with Division 6 - Search warrants 157. Warrants Division 7 - Other provisions regarding inspections and searches 158. Use of assistants and equipment 159. Use of equipment to examine or process things 160. Use or seizure of electronic equipment Division 8 - Other provisions regarding seizure 161. Receipt for and access to seized material 162. Embargo notices Division 9 - Miscellaneous 163. Power to use force against persons to be exercised only by police officers 164. Consent 165. Directions may be given under more than one provision 166. Restoring vehicle, combination or premises to original condition after action taken 167. Protection from incrimination 168. Providing evidence to other authorities 169, 170. (Repealed) PART 4.3 - (Repealed) None CHAPTER 5 - CRIMINAL RESPONSIBILITY FOR APPLICABLE ROAD LAW OFFENCES 176, 177. (Repealed) 178. Liability of directors, partners, employers and others for offences by bodies corporate, partnerships, associations and employees 179-238. (Repealed) CHAPTER 6 - MISCELLANEOUS 239-243. (Repealed) 244. Unpaid charges and fees 244A. Application of work health and safety legislation 244B. (Repealed) 245. Savings, transitional and other provisions 246, 247. (Repealed) 248. Review of Act 249-267. (Repealed) SCHEDULE 1 Schedule 3 (Repealed)