TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 84A Driving of motor vehicles carrying placard loads in tunnels

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 84A

84A Driving of motor vehicles carrying placard loads in tunnels

(1) A person must not drive a motor vehicle carrying a placard load in a tunnel that has a sign (a
"placard load prohibited sign" ) complying with subsection (2) at or before the entrance to the tunnel.

Penalty—

Maximum penalty—

(a) if the contravention results in harm to a person, property or the environment—200 penalty units or 1 year’s imprisonment; or

(b) otherwise—100 penalty units.

(2) The placard load prohibited sign must—

(a) indicate that transporting a placard load in the tunnel is prohibited; and

(b) be clearly visible to a person entering the tunnel.

(3) In the absence of proof to the contrary—

(a) a motor vehicle is proved to be carrying a placard load if there is evidence of a placard, or a thing purporting to be a placard, placed on the vehicle or on a thing carried by the vehicle; and

(b) a placard load prohibited sign at or before the entrance to a tunnel is taken to be clearly visible to a person entering the tunnel; and

(c) a motor vehicle is proved to have been driven in a tunnel if there is evidence, in the form of an image or video made by a photographic detection device, of—

(i) the motor vehicle facing the tunnel on the entry road for the tunnel; or

(ii) the motor vehicle facing away from the tunnel on the exit road from the tunnel.

(4) For subsection (3) (a) , it is immaterial whether an image or video of a motor vehicle showing a placard or a thing purporting to be a placard—

(a) is in colour or black and white; or

(b) shows the dimensions of the placard or the thing purporting to be a placard.

(5) Also, for a proceeding for an offence against subsection (1) , evidence, in the form of an image or video made by a photographic detection device, of a trailer at a place is taken to be evidence of a motor vehicle including the trailer at the place.

(6) In this section—


"entry road" , to a tunnel, means the part of a road leading into the tunnel after the last exit from the road before the tunnel.


"exit road" , from a tunnel, means the part of a road leading out of the tunnel before the first exit from the road after the tunnel.


"explosive" see the Explosives Act 1999 , schedule 2 .


"placard" means a placard required under this Act or another Act, or by a condition of a licence or other authority granted under an Act, to be used in transporting dangerous goods, explosives or radioactive substances.

Notes—

1 See the dangerous goods regulation.

2 See the Explosives Act 1999 , section 50 (2) (a) .

3 See the Radiation Safety Act 1999 , section 75 (4) .

"placard load" means a load of dangerous goods, explosives or radioactive substances that may be transported by a motor vehicle only if a placard about the load is placed on the vehicle or on a thing carried by the vehicle.


"place" , on a motor vehicle or on a thing carried by a motor vehicle, includes attach to, or stencil or print on, the vehicle or the thing.


"radioactive substance" see the Radiation Safety Act 1999 , schedule 2 .