New South Wales Consolidated Acts

ROAD TRANSPORT (GENERAL) ACT 2005 - SECT 49

49 Authorisation to continue journey where only minor risk breaches

(cf model provisions, s 85)

(1) Application of section This section applies to a vehicle or combination, where an authorised officer believes on reasonable grounds that:

(a) the vehicle or combination is the subject of one or more minor risk breaches of mass, dimension or load restraint requirements, and

(b) the vehicle or combination is not or is no longer the subject of a substantial risk breach or a severe risk breach, and

(c) the driver is not or is no longer the subject of a direction for the rectification of the minor risk breach or any of the minor risk breaches.

(2) Authorisation to continue journey The officer may authorise the driver of the vehicle or combination to continue its journey.

(3) Conditions An authorisation may be granted under this section unconditionally or subject to conditions imposed by the officer.

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

(a) the person is granted an authorisation under this section, and

(b) the authorisation is subject to a condition, and

(c) the person engages in conduct that results in a contravention of the condition.

Maximum penalty:

(a) first offence-30 penalty units, or

(b) subsequent offence-60 penalty units.