New South Wales Consolidated Regulations

ROAD TRANSPORT (GENERAL) REGULATION 2005 - REG 79

79 Malfunctioning odometers

(1) It is a defence for an offence against clause 76 (4) (d) for the driver to prove that:

(a) at the time of the offence, the odometer was malfunctioning, and

(b) within 2 business days after the offence, the driver had complied with subclause (3).

(2) The owner of a regulated heavy vehicle must ensure that an odometer that is fitted to the vehicle is maintained to the standard approved by the Australian Transport Council by notice published in the Commonwealth Government Gazette.

Maximum penalty:

(a) in the case of an individual-15 penalty units, and

(b) in the case of a corporation-75 penalty units.

(3) If the driver of a regulated heavy vehicle becomes aware or reasonably suspects that an odometer fitted to the vehicle is malfunctioning, the driver must inform the following persons of that as soon as practicable (but within 2 business days):

(a) the owner of the vehicle, and

(b) if the driver is an employed driver-the driver’s employer, and

(c) the operator of the vehicle.

Maximum penalty:

(a) in the case of an individual-15 penalty units, and

(b) in the case of a corporation-75 penalty units.

(4) As soon as is practicable after being informed under subclause (3), the owner of the regulated heavy vehicle must ensure that the odometer is examined and brought into working order.

Maximum penalty:

(a) in the case of an individual-15 penalty units, and

(b) in the case of a corporation-75 penalty units.

(5) The driver’s employer and the operator of the vehicle must ensure that the owner complies with subclause (4).

Maximum penalty:

(a) in the case of an individual-15 penalty units, and

(b) in the case of a corporation-75 penalty units.

(6) A person accused of an offence under this clause has the benefit of the reasonable steps defence.