New South Wales Consolidated Acts

ROAD TRANSPORT (GENERAL) ACT 2005 - SECT 47

47 Severe risk breaches

(cf model provisions, s 84)

(1) Application of section This section applies to a vehicle or combination, where an authorised officer believes on reasonable grounds that the vehicle or combination is the subject of one or more severe risk breaches.

(2) Direction The officer must:

(a) direct the driver or operator of the vehicle or combination not to proceed until specified breaches of mass, dimension or load restraint requirements are rectified, or

(b) if the officer believes on reasonable grounds that:

(i) particular circumstances exist warranting the moving of the vehicle or combination to another location, or

(ii) particular instructions have been given authorising or requiring the moving of the vehicle or combination to another location,

direct the driver or operator of the vehicle or combination to move it or cause it to be moved to the nearest safe location as specified by the officer, and not to proceed from there until specified breaches of mass, dimension or load restraint requirements are rectified.

(3) Particular circumstances Particular circumstances warranting the moving of a vehicle or combination exist only:

(a) where there is an appreciable risk of harm to public safety, the environment, road infrastructure or public amenity, or

(b) where there is a risk to the welfare of people or live animals in or on the vehicle or combination.

(4) Particular instructions Particular instructions authorising or requiring the moving of a vehicle or combination are specific instructions or standing instructions given by the Authority (orally or in writing, or by telephone, facsimile, electronic mail, radio, or in any other manner) authorising or requiring the moving of the vehicle or combination in the relevant circumstances.

(5) Conditions A direction may be given under this section unconditionally or subject to conditions imposed by the officer.

(6) Offences A person is guilty of an offence if:

(a) the person is subject to a direction under subsection (2), and

(b) the person engages in conduct that results in a contravention of the direction (including any condition of the direction).

Maximum penalty:

(a) first offence-30 penalty units (in the case of an individual) or 150 penalty units (in the case of a corporation), or

(b) subsequent offence-60 penalty units (in the case of an individual) or 300 penalty units (in the case of a corporation).

(7) Definitions In this section:
"risk of harm to public safety" does not (subject to subsection (9)) include risk of harm to the safety of the vehicle or combination or any load in or on it, but does include risk of harm to the safety of people or live animals in or on it.

Note: Subsection (9) ensures that the officer may take excluded matters into account in particular circumstances.

"safe location" means a location that the officer believes on reasonable grounds poses a reduced risk or no appreciable risk of harm to public safety, the environment, road infrastructure or public amenity.

(8) Nothing in the definition of "risk of harm to public safety" in subsection (7), or in any other provision of this section, prevents the officer from taking into account the safety of the vehicle or combination or any load in or on it if the officer 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.