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Amendment (Load Restraint) Bill
1998
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
(a)
to amend the Roads Act 1993 to enable officers of the Roads and
Traffic Authority, police officers and other authorised officers to give
directions concerning heavy vehicles and commercial vehicles with
unstable or otherwise unsafe loads and to enable action to be taken to
detain any such vehicle until its load is safe, and
(b)
to amend the Traffic Act 1909 to create new offences relating to the use
of vehicles in cases where the use of vehicles that are loaded unsafely
results in death or personal injury or damage to property.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 is a formal provision giving effect to the amendments to the Roads
Act 1993 set out in Schedule 1.
Clause 4 is a formal provision giving effect to the amendments to the Traffic
Act 1909 set out in Schedule 2.
Schedule 1
Amendment of Roads Act 1993
Schedule 1 [l] makes it clear that authorised officers have power to stop
vehicles for the purpose of checking the safety of vehicle loads.
Schedule 1 [5] amends a provision empowering authorised officers to give
directions relating to vehicles that have loads exceeding maximum weight
limits. The amendment will extend the defence of it not being possible to
comply, or secure compliance, with a direction to a direction requiring the
vehicle to be driven to another location. Currently, the defence applies only
to directions requiring loads to be removed or adjusted.
Schedule 1 [6] inserts proposed section 231A. The proposed section
empowers an authorised officer (that is, an RTA employee or an employee of
another roads authority, authorised to exercise the functions of an authorised
officer, a police officer or any other person prescribed as an authorised officer
by the regulations) to give certain directions if the authorised officer is of the
opinion that a load on a heavy vehicle, or a vehicle used for business or
commercial purposes, is not safe. Directions that may be given include
directions prohibiting the vehicle from being driven until the load is stable
and safe, requiring particular action to be taken to secure, remove or adjust
the load, prohibiting the depositing of the load or part of it in a particular
place and requiring the vehicle to be driven to another location so that it is
not on a road or road related area. It will be an offence to breach such a
direction with a maximum penalty of $3,300. It will be a defence, in the case
of failure to comply with directions relating to the securing, removal or
adjustment of loads or the moving of vehicles, if a defendant establishes that
it was impossible to comply, or to secure compliance, with any such
direction.
Existing provisions relating to the enforcement of directions will also apply
to such directions, including an authorised officer's power to take possession
of and detain a vehicle if a direction is not complied with and provisions
relating to the form and manner of giving directions.
Schedule 1 [2], [3], [4] and [7] make consequential amendments.
Explanatory note page 2
Schedule 1 [8] enables an authorised officer who has given a direction
relating to the load carried by a vehicle to detain the vehicle until the load is
stable or safe or secured in such a way that it is not likely to fall or be
dislodged or is appropriately secured.
Schedule 1 [9] enables savings and transitional regulations to be made
consequent on the enactment of the amendments made by Schedule 1 to the
proposed Act.
Schedule 2 Amendment of Traffic Act 1909
Schedule 2 [l] inserts proposed section 8C. The proposed section creates
new offences relating to unsafe loads on motor vehicles and trailers. A person
will be guilty of an offence if the person:
(a) drives or stands, or causes or permits to be driven or to stand, a motor
vehicle or trailer on a road or road related area, the person knows or
reasonably ought to know that the vehicle or trailer is loaded unsafely
and death or personal injury to a person, or damage to property, occurs
because it is loaded unsafely, or
(b) is the owner of a motor vehicle or trailer that is driven or stood on a
road or road related area while loaded unsafely, the person knows or
reasonably ought to know that the motor vehicle or trailer is loaded
unsafely and death or personal injury to a person, or damage to
property, occurs because it is loaded unsafely, or
(c) is a director of, or a person concerned in the management of, a
corporation that is the owner of a motor vehicle or trailer that is driven
or stood on a road or road related area while loaded unsafely, the
person knows or reasonably ought to know that the motor vehicle or
trailer is loaded unsafely and death or personal injury to a person, or
damage to property, occurs because it is loaded unsafely.
The maximum penalty for the offence will be $5,500 or 12 months'
imprisonment, or both, in the case of an individual or $11,000 in the case of a
corporation. It will be a defence to an offence under the proposed section if a
person proves that the person was not in a position to prevent the motor
vehicle or trailer from being driven or stood on a road or road related area
while loaded unsafely.
Schedule 2 [2] enables savings and transitional regulations to be made
consequent on the enactment of the amendment made by Schedule 2 [ l ] to
the proposed Act.
Explanatory note page 3