Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
HEAVY VEHICLE ROAD TRANSPORT BILL 2008
__________
CONTENTS
PART 1 PRELIMINARY
Division 1 Introduction
1. Short title
2. Commencement
3. Objects of Act
4. Act binds Crown
5. Application of Act
Division 2 Interpretation and associated concepts
6. Interpretation
7. Examples
8. Notes
9. Relationship of this Act to other laws
10. Operators
11. Driver's base
12. Associates
PART 2 ENFORCEMENT OFFICERS
13. Exercise of powers by authorised officers
14. Delegation
15. Identification cards
16. Production of identification
[Bill 83]-VII
17. Return of identification cards
18. Reciprocal powers of officers
19. Authority may exercise powers of authorised officers
PART 3 GENERAL ENFORCEMENT POWERS
Division 1 Preliminary
20. Meaning of qualified, fit or authorised to drive or run engine
21. Meaning of unattended vehicle or combination and driver of
disconnected trailer
22. Meaning of broken down vehicle or combination
23. Meaning of compliance purposes
Division 2 Directions to stop, move or leave vehicles or combinations
24. Application of Division
25. Direction to stop vehicle or combination to enable exercise of
other powers
26. Direction to move vehicle or combination to enable exercise of
other powers
27. Direction to move vehicle or combination in case of danger or
obstruction
28. Direction to leave vehicle or combination
29. Manner of giving directions under this Division
Division 3 Power to move unattended or broken down vehicles or
combinations
30. Moving unattended vehicle or combination: to enable exercise of
other powers
31. Moving unattended or broken down vehicle or combination
where danger or obstruction
32. Operator's authorisation not required for driving under this Part
Division 4 Powers of inspection and search
33. Power to inspect vehicle or combination on public street, public
place or certain official premises
34. Power to search vehicle or combination on public street, public
place or certain official premises
35. Power to inspect premises
2
36. Power to search premises
37. Residential purposes
Division 5 Directions
38. Direction to produce records, devices or other things
39. Direction to provide information
40. Direction to provide reasonable assistance for powers of
inspection and search
41. Provisions relating to running engine
42. Manner of giving directions under this Division
43. Directions to state when to be complied with
Division 6 Warrants
44. Warrants
Division 7 Other provisions regarding inspections and searches
45. Use of assistants and equipment
46. Use of equipment to examine or process things
47. Use or seizure of electronic equipment
Division 8 Other provisions regarding seizure
48. Receipt for and access to seized material
49. Embargo notices
Division 9 Miscellaneous
50. Power to use force against persons to be exercised only by police
officers
51. Consent
52. Directions may be given under more than one provision
53. Restoring vehicle, combination or premises to original condition
after action taken
54. Self-incrimination no excuse
55. Providing evidence to other authorities
56. Obstructing or hindering officers
57. Impersonating authorised officers
3
PART 4 MASS, DIMENSION AND LOAD RESTRAINT
REQUIREMENTS
Division 1 Preliminary
58. Purpose and operation of this Part
59. Definitions
60. Determining whether a breach involves risk
Division 2 Categorisation of breaches
61. Meaning of minor, substantial or severe risk breaches
Division 3 Enforcement powers
62. Minor risk breaches
63. Substantial risk breaches
64. Severe risk breaches
65. Authorisation to continue journey where only minor risk
breaches
66. Operation of directions in relation to combinations
67. Directions and authorisations to be in writing
68. Application of Division in relation to other directions
Division 4 Reasonable steps defence
69. Reasonable steps defence
70. Reasonable steps defence reliance on container weight
declaration
Division 5 Liability for breaches of mass, dimension or load restraint
requirements
71. Liability of consignor
72. Liability of packer
73. Liability of loader
74. Liability of operator
75. Liability of driver
76. Liability of consignee
77. Penalty levels
Division 6 Sanctions
78. Matters to be taken into consideration by courts
4
79. Default categorisation
Division 7 Container weight declarations
80. Application of Division
81. Definition
82. Container weight declarations
83. Complying container weight declarations
84. Duty of responsible entity
85. Duty of operator
86. Duty of driver
87. Liability of consignee knowledge of matters relating to
container weight declaration
Division 8 Recovery of losses resulting from non-provision of or inaccurate
container weight declarations
88. Recovery of losses for non-provision of container weight
declaration
89. Recovery of losses for provision of inaccurate container weight
declaration
90. Recovery of amount by responsible entity
91. Assessment of monetary value or attributable amount
92. Costs
Division 9 Transport documentation
93. False or misleading transport documentation: liability of
consignor, packer, loader, receiver and others
Division 10 Concessions
94. Definitions
95. Offence of contravening condition
96. Effect of contravening condition prosecutions or other action
97. Operation of Division
PART 5 GENERAL ADMINISTRATIVE SANCTIONS
Division 1 Improvement notices
98. Definition
99. Improvement notices
5
100. Contravention of improvement notice
101. Amendment of improvement notices
102. Cancellation of improvement notices
103. Clearance certificates
Division 2 Formal warnings
104. Formal warnings
105. Withdrawal of formal warnings
PART 6 GENERAL COURT-BASED SANCTIONS
Division 1 Proceedings for offences
106. Proceedings for offences
107. Period within which proceedings for offences may be
commenced
Division 2 Available sanctions
108. Penalties imposed by courts
Division 3 Fines
109. Provisions relating to first offences and subsequent offences
Division 4 Commercial benefits penalty orders
110. Commercial benefits penalty orders
Division 5 Registration sanctions
111. Power to affect vehicle registration
Division 6 Supervisory intervention orders
112. Supervisory intervention orders
113. Contravention of supervisory intervention order
Division 7 Prohibition orders
114. Prohibition orders
115. Contravention of prohibition order
PART 7 GENERAL COMPENSATION ORDERS
116. Compensation orders for damage to road infrastructure
117. Assessment of compensation
118. Service of certificates
6
119. Limits on amount of compensation
120. Costs
121. Enforcement of compensation order and costs
122. Relationship with orders or awards of other courts and tribunals
PART 8 GENERAL LIABILITY AND EVIDENTIARY PROVISIONS
Division 1 Basis of liability for road law offences
123. Multiple offenders
124. Double jeopardy
125. Liability of directors, partners, employers and others for offences
by bodies corporate, partnerships, associations and employees
126. Liability of registered operators
127. Complicity and common purpose (aiding and abetting)
128. Causing or permitting
129. Coercing, inducing or offering incentive
Division 2 General defences
130. Sudden or extraordinary emergency
131. Lawful authority
132. Other defences
Division 3 Special defences
133. Meaning of "deficiency concerning a vehicle or combination"
134. Special defence for owners or operators
135. Special defence for drivers
136. Special defence of compliance with direction
Division 4 General evidentiary provisions
137. Vicarious responsibility
138. Averments
139. Certificate evidence
140. Evidence regarding measurement
141. Evidence regarding weighing
142. Evidence regarding manufacturer's ratings
143. Evidence not affected by nature of vehicle or combination
7
144. Proof of appointments and signatures unnecessary
145. Transport documentation and journey documentation
PART 9 MISCELLANEOUS
Division 1 Indemnities
146. Indemnity for authorised officers
147. Indemnity for persons authorised by authorised officers
148. Indemnity for persons authorised by police officers
149. Indemnity not affected by certain matters
150. Other indemnities not affected
Division 2 Mutual recognition
151. Effect of administrative actions of authorities of other
jurisdictions
152. Effect of court orders of other jurisdictions
Division 3 General
153. Other powers not affected
154. Declared zones and routes
155. Dismissal or other victimisation of employee or contractor
assisting with or reporting breaches
156. Confidentiality
157. False or misleading statements or records provided to Authority
or officials
158. False or misleading information provided to responsible persons
159. Amendment or revocation of directions or conditions
160. Review of decisions
161. Contracting out prohibited
162. Authority may provide information to corresponding Authorities
163. Regulations
164. Administration of Act
SCHEDULE 1 PROVISIONS WITH RESPECT TO WARRANTS
8
HEAVY VEHICLE ROAD TRANSPORT BILL 2008
(Brought in by the Minister for Infrastructure, the Honourable
Graeme Lindsay Sturges)
A BILL FOR
An Act to provide for the administration and enforcement
of nationally consistent road transport laws, to make
further provision with respect to the use of heavy vehicles
on public streets and for related purposes
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 PRELIMINARY
Division 1 Introduction
1. Short title
This Act may be cited as the Heavy Vehicle
Road Transport Act 2008.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
3. Objects of Act
(1) The general objects of this Act are
[Bill 83] 9
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 3 Part 1 Preliminary
(a) to improve road transport safety; and
(b) to minimise adverse impacts of road
transport on roads, bridges and road
infrastructure, the environment and the
community; and
(c) to promote the effective and efficient
observance of the requirements of road
transport law.
(2) The particular objects of this Act are
(a) to provide a system that encourages
effective and efficient compliance with
the requirements of road transport law;
and
(b) to provide a system that
(i) promotes improved outcomes for
road safety, the environment,
road infrastructure and traffic
management; and
(ii) reduces unfair competitive
advantage
through improved compliance with and
accountability for the requirements of
road transport law; and
(c) to provide an effective, efficient and
equitable scheme for the enforcement of
the requirements of road transport law;
and
10
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 1 Preliminary s. 4
(d) to recognise a chain of responsibility of
parties who have a role in the transport of
goods or passengers by road and to make
the parties accountable for their acts and
omissions; and
(e) to confer powers to promote safety in the
use of vehicles in road transport.
(3) It is the intention of Parliament that the objects
of this Act will be achieved in the context of
nationally consistent road transport laws, and in
particular in the context of nationally consistent
compliance and enforcement laws, having regard
to regional differences.
4. Act binds Crown
This Act binds the Crown in right of Tasmania
and, so far as the legislative power of Parliament
permits, in all its other capacities.
5. Application of Act
(1) This Act contains provisions relating to
compliance with and enforcement of certain
Australian road laws in this jurisdiction, so far as
those laws relate to heavy vehicles or heavy
combinations, or both.
(2) Accordingly, in this Act (except in the
provisions referred to in subsection (3))
references to vehicles or combinations are taken
11
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 6 Part 1 Preliminary
to be references to heavy vehicles or heavy
combinations.
(3) The excepted provisions are as follows:
(a) the definitions of garage address, motor
vehicle and trailer in section 6
(Interpretation);
(b) section 138 (Averments);
(c) section 139 (Certificate evidence);
(d) section 143 (Evidence not affected by
nature of vehicle or combination);
(e) section 149 (Indemnity not affected by
certain matters);
(f) provisions specified in regulations made
for the purposes of this subsection.
(4) References in this Act to a vehicle include a
heavy vehicle that forms part of a combination
of heavy vehicles and light vehicles.
Division 2 Interpretation and associated concepts
6. Interpretation
(1) In this Act, unless the contrary intention
appears
"approved road transport compliance
scheme" means a scheme, agreement or
arrangement that
12
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 1 Preliminary s. 6
(a) is prescribed by the regulations;
or
(b) is identified by, or is of a class
identified by, the regulations
and that makes provision for compliance
with and enforcement of any Australian
road laws, including (for example) a
scheme, agreement or arrangement that
provides for
(c) a system of accreditation-based
compliance; or
(d) an intelligent transport system; or
(e) a system applying alternative
legal entitlements to those
otherwise applicable, such as one
based on performance-based
standards;
"Australian authorised officer" means an
authorised officer or a person appointed
as an authorised officer under a
corresponding law;
"Australian Authority" means the Authority
or a corresponding Authority;
"Australian driver licence" has the same
meaning as in the Vehicle and Traffic Act
1999;
"Australian police officer" means
(a) a police officer; or
13
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 6 Part 1 Preliminary
(b) a member (however described) of
the police force or police service
of another jurisdiction;
"Australian road law" means a road law or a
corresponding road law;
"Australian road law offence" means an
offence against an Australian road law;
"authorised officer" means a person
authorised by the Authority under section
9(2) of the Traffic Act 1925;
"Authority" means the Transport
Commission incorporated under the
Transport Act 1981;
"base" of a driver see section 11 (Driver's
base);
"body corporate" includes the Crown in any
capacity and any body or entity that is
not an individual;
"capabilities" of a vehicle means the
functional capabilities of the vehicle or
any of its components, as determined by
the vehicle's manufacturer or by an
Australian Authority, and includes
(a) its GCM and GVM; and
(b) its speed capabilities;
"combination" means a motor vehicle
connected to one or more trailers;
14
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 1 Preliminary s. 6
"commercial benefits penalty order" means
an order under Division 4 of Part 6;
"compensation order" means an order under
Part 7;
"condition" includes a restriction;
"conduct" means an act, an omission to
perform an act or a state of affairs;
"consignee" of goods means a person who
(a) with the person's authority, is
named or otherwise identified as
the intended consignee of the
goods in the transport
documentation relating to the
transport of the goods by road; or
(b) actually receives the goods after
completion of their transport by
road
but does not include a person who
merely unloads the goods;
"consignor" of goods means
(a) a person who, with the person's
authority, is named or otherwise
identified as the consignor of the
goods in the transport
documentation relating to the
transport of the goods by road; or
(b) if paragraph (a) does not apply,
the person who
15
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 6 Part 1 Preliminary
(i) engages an operator of a
vehicle or combination,
either directly or
indirectly or through an
agent or other
intermediary, to transport
the goods by road; or
(ii) has possession of, or
control over, the goods
immediately before the
goods are transported by
road; or
(iii) loads a vehicle with the
goods, for transport by
road, at a place where
goods in bulk are stored
or temporarily held and
that is unattended (except
by a driver of the vehicle,
a trainee driver or any
person necessary for the
normal operation of the
vehicle) during loading;
or
(c) if paragraphs (a) and (b) do not
apply, and the goods are imported
into Australia, the person who
imports the goods;
"container weight declaration" see
section 59;
"corresponding Authority" means
16
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 1 Preliminary s. 6
(a) the Authority as defined in a
corresponding road law (except
in the case of a jurisdiction for
which a person is prescribed
under paragraph (b)); or
(b) a person prescribed by the
regulations as the corresponding
Authority for another jurisdiction
for the purposes of this Act;
"corresponding law" means
(a) a law of another jurisdiction
corresponding, or substantially
corresponding, to this Act; or
(b) a law of another jurisdiction that
is declared under the regulations
to be a corresponding law,
whether or not the law
corresponds, or substantially
corresponds, to this Act;
"corresponding road law" means
(a) a law of another jurisdiction
corresponding, or substantially
corresponding, to a road law; or
(b) a law of another jurisdiction that
is declared under the regulations
to be a corresponding road law,
whether or not the law
corresponds, or substantially
corresponds, to a road law;
17
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 6 Part 1 Preliminary
"declared route" means a public street, or a
part of a public street, declared under
section 154 (Declared zones and routes)
to be a declared route for the purposes of
this Act;
"declared zone" means a zone declared under
section 154 (Declared zones and routes)
to be a declared zone for the purposes of
this Act;
"depot" includes a base of operations;
"dimension requirement" means a
requirement of an Australian road law
that relates to the dimensions of a vehicle
or combination, or a load or component
of a vehicle or combination, including
(for example)
(a) the dimensions of a vehicle or
combination, disregarding its
load (if any); and
(b) the dimensions of a vehicle or
combination including its load;
and
(c) the dimensions of the load on a
vehicle or combination; and
(d) the internal measurements of a
vehicle or combination, including
(for example) the distance
between
18
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 1 Preliminary s. 6
(i) components of a vehicle
or combination; and
(ii) vehicles in a combination;
and
(iii) a vehicle in a combination
and a component of
another vehicle in the
combination;
"drive" includes to be in control of a vehicle
or combination;
"driver" of a vehicle or combination
includes
(a) a two-up driver of the vehicle or
combination who is present in or
near the vehicle or combination;
and
(b) a person who is driving the
vehicle or combination as a driver
under instruction or under an
appropriate learner licence or
learner permit;
"employee" means an individual who works
under a contract of employment,
apprenticeship or training;
"employed driver" means a driver who is
employed by someone else to drive a
heavy vehicle;
19
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 6 Part 1 Preliminary
"employer" means a person who employs
another person under
(a) a contract of employment,
apprenticeship or training; or
(b) a contract for services;
"engage in conduct" means
(a) do an act; or
(b) omit to do an act;
"equipment", in relation to a vehicle or
combination, includes tools, devices and
accessories in or on the vehicle or
combination;
"extract" from a record, device or other thing
means a copy of any information
contained in the record, device or other
thing;
"formal warning" means a warning under
Division 2 of Part 5;
"freight container" means
(a) a re-usable container of the kind
referred to in Australian/New
Zealand Standard AS/NZS
3711.1:2000, Freight containers -
Classification, dimensions and
ratings, that is designed for
repeated use for the transport of
goods by one or more modes of
transport; or
20
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 1 Preliminary s. 6
(b) a re-usable container of the same
or a similar design and
construction to a container
referred to in paragraph (a)
though of different dimensions;
or
(c) a container of a kind prescribed
by the regulations
but does not include anything prescribed
by the regulations to be excluded from
this definition;
"garage address" of a vehicle means
(a) in the case of a heavy vehicle that
is normally kept at a depot when
not in use, the principal depot of
the vehicle; or
(b) in the case of a heavy vehicle that
is not normally kept at a depot
when not in use
(i) where the vehicle has
only one registered
operator, the home
address of the registered
operator; or
(ii) where the vehicle has
more than one registered
operator, each of the
home addresses of the
registered operators;
21
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 6 Part 1 Preliminary
"GCM (gross combination mass)" of a
vehicle means the greatest possible sum
of the maximum loaded mass of the
vehicle and of any vehicles that may be
towed by it at the one time
(a) as specified by the vehicle's
manufacturer on an identification
plate on the vehicle; or
(b) as specified by the Authority if
(i) a sum is not specified by
the vehicle's
manufacturer on an
identification plate on the
vehicle; or
(ii) a sum so specified on an
identification plate is no
longer appropriate
because the vehicle has
been modified;
"goods" includes
(a) animals (whether alive or dead);
and
(b) a container (whether empty or
not)
but does not include people, fuel, water,
lubricants and equipment required for the
normal operation of the vehicle or
combination in which they are carried;
22
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 1 Preliminary s. 6
"GVM (gross vehicle mass)" of a vehicle
means the maximum loaded mass of the
vehicle
(a) as specified by the vehicle's
manufacturer on an identification
plate on the vehicle; or
(b) as specified by the Authority if
(i) a mass is not specified by
the vehicle's
manufacturer on an
identification plate on the
vehicle; or
(ii) a mass so specified on an
identification plate is no
longer appropriate
because the vehicle has
been modified;
"heavy combination" means a combination
that includes a heavy vehicle;
"heavy vehicle" means a motor vehicle or
trailer that has a GVM greater than 4.5
tonnes, and includes
(a) a special-purpose vehicle that has
such a GVM; and
(b) a passenger-carrying vehicle that
has such a GVM;
"home address" of a person means
23
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 6 Part 1 Preliminary
(a) in the case of an individual, the
person's residential address or
place of abode in Australia; or
(b) in the case of a body corporate
that has a registered office in
Australia, the address of the
registered office; or
(c) in any other case, the address of
the person's principal or only
place of business in Australia;
"improvement notice" means an
improvement notice under Division 1 of
Part 5;
"individual" means a natural person;
"intelligent transport system" means a
system involving the use of electronic or
other technology (whether located in or
on a vehicle or combination, or on or
near a public street, or elsewhere) that
has the capacity and capability to
monitor, collect, store, display, analyse,
transmit or report information relating
to
(a) a vehicle or combination or its
equipment or load, the driver of a
vehicle or combination, the
operator of a fleet of vehicles or
combinations or another person
involved in road transport; and
24
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 1 Preliminary s. 6
(b) without limiting the above, the
operation of a vehicle or
combination in relation to its
legal entitlements;
"journey documentation" means any
documentation (other than transport
documentation) directly or indirectly
associated with
(a) the actual or proposed physical
transport of goods or passengers
by road or any previous transport
of the goods or passengers by any
mode; or
(b) goods or passengers themselves
so far as the documentation is
relevant to their actual or
proposed physical transport
whether the documentation is in paper,
electronic or any other form, and whether
or not the documentation has been
transmitted physically, electronically or
in any other manner, and whether or not
the documentation relates to a particular
journey or to journeys generally, and
includes (for example) any of the
following:
(c) records kept, used or obtained by
a responsible person in
connection with the transport of
the goods or passengers;
25
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 6 Part 1 Preliminary
(d) workshop, maintenance and
repair records relating to a
vehicle or combination used, or
claimed to be used, for the
transport of the goods or
passengers;
(e) a subcontractor's payment advice
relating to the goods or
passengers or the transport of the
goods or passengers;
(f) records kept, used or obtained by
the driver of the vehicle or
combination used, or claimed to
be used, for the transport of the
goods or passengers, including
(for example) a driver's run
sheet, a logbook entry, a fuel
docket or receipt, a food receipt,
a tollway receipt, pay records and
mobile or other phone records;
(g) information reported through the
use of an intelligent transport
system;
(h) driver manuals and instruction
sheets;
(i) advice in any form from check
weighing performed before,
during or after a journey;
"jurisdiction" means the Commonwealth or a
State or Territory;
26
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 1 Preliminary s. 6
"legal entitlements" of a vehicle or
combination (or component of a vehicle
or combination) means the particulars of
the entitlements, conferred by or under
an Australian road law, that authorise the
vehicle or combination (or component) to
be operated on a road, and includes
(a) any entitlements arising under or
as affected by a permit,
authorisation, approval,
exemption, notice or anything
else given or issued in writing
under such a law; and
(b) any entitlements arising under or
as affected by restrictions, or by
the application of restrictions,
under an Australian road law or
other laws (for example, sign-
posted mass limits for bridges,
hazardous weather condition
permits, and special road-
protection limits); and
(c) any entitlements arising under or
as affected by an approved road
transport compliance scheme;
"load" of a vehicle or combination, or in or
on a vehicle or combination, means
(a) all the goods, passengers and
drivers in or on the vehicle or
combination; and
27
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 6 Part 1 Preliminary
(b) all fuel, water, lubricants and
readily removable equipment
carried in or on the vehicle or
combination and required for its
normal operation; and
(c) personal items used by a driver of
the vehicle or combination; and
(d) anything that is normally
removed from the vehicle or
combination when not in use
and includes a part of a load as so
defined;
"load restraint requirement" means a
requirement of an Australian road law
that relates to the restraint or positioning
of a load or any part of a load on a
vehicle or combination;
"loader" means a person who
(a) loads a vehicle or combination
with goods for transport by road;
or
(b) loads a vehicle or combination
with a freight container (whether
or not containing goods) for
transport by road; or
(c) without limiting the above, loads
a freight container already in or
on a vehicle or combination with
goods for transport by road; or
28
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 1 Preliminary s. 6
(d) supervises an activity referred to
in paragraph (a), (b) or (c); or
(e) manages or controls an activity
referred to in paragraph (a), (b),
(c) or (d);
"mass requirement" means a requirement of
an Australian road law that relates to the
mass of a vehicle or combination or the
mass of or on any component of a vehicle
or combination, and includes
(a) a requirement of an Australian
road law concerning mass limits
relating to
(i) the unladen mass of a
vehicle or combination
(that is, the actual mass of
the vehicle or
combination excluding
any load in or on the
vehicle or combination);
or
(ii) the gross mass of a
vehicle or combination
(that is, the unladen mass
of the vehicle or
combination together with
any load in or on the
vehicle or combination);
or
29
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 6 Part 1 Preliminary
(iii) the mass of the load in or
on a vehicle or
combination; or
(iv) the mass on a tyre, an axle
or an axle group of the
vehicle or combination;
and
(b) a requirement of an Australian
road law concerning mass limits
relating to axle spacing; and
(c) a mass limit set out on a sign
erected or displayed under an
Australian road law (for example,
a signposted bridge limit);
"motor vehicle" has the same meaning as in
the Vehicle and Traffic Act 1999;
"night" means the period between sunset on
one day and sunrise on the next day;
"officer" means an authorised officer or a
police officer;
"operator" see section 10 (Operators);
"owner"
(a) in relation to a vehicle (including
a vehicle in a combination),
means a person who
(i) is the sole owner, a joint
owner or a part owner of
the vehicle; or
30
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 1 Preliminary s. 6
(ii) has possession or use of
the vehicle under a credit,
hire-purchase, lease or
other agreement, except
an agreement requiring
the vehicle to be
registered in the name of
someone else; or
(b) in relation to a combination,
means a person who
(i) is the sole owner, a joint
owner or a part owner of
the towing vehicle in the
combination; or
(ii) has possession or use of
the towing vehicle in the
combination under a
credit, hire-purchase,
lease or other agreement,
except an agreement
requiring the vehicle to be
registered in the name of
someone else;
"package" of goods means the complete
product of the packing of the goods for
transport by road, consisting of the goods
and their packaging;
"packaging" of goods means the container
(including a freight container) in which
the goods are received or held for
transport by road, and includes anything
31
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 6 Part 1 Preliminary
that enables the container to receive or
hold the goods or to be closed;
"packer" of goods means a person who
(a) puts the goods in packaging for
transport by road; or
(b) assembles the goods in an outer
packaging or unit load for
transport by road; or
(c) supervises an activity referred to
in paragraph (a) or (b); or
(d) manages or controls an activity
referred to in paragraph (a), (b) or
(c);
"passenger", in relation to a vehicle or
combination, does not include a driver of
the vehicle or combination or any person
necessary for the normal operation of the
vehicle or combination;
"passenger-carrying vehicle" means a
vehicle where the primary purpose for
which it was built, or permanently
modified, was the carriage of passengers;
"premises" includes any structure, building,
vessel or place (whether built on or not),
and any part of any such structure,
building, vessel or place;
"prescribed distance" means
32
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 1 Preliminary s. 6
(a) a distance (travelling in any
direction) within a radius of 30
kilometres of the location of the
vehicle or combination when the
direction is given; or
(b) any point along the forward route
of the journey, if the direction is
given in the course of a journey
of the vehicle or combination;
"prohibition order" means an order under
Division 7 of Part 6;
"public authority" means
(a) the Crown in any capacity; or
(b) a body established by or under
law, or the holder of an office
established by or under law, for a
public purpose, including a local
government authority; or
(c) a police force or police service;
"public safety" means the safety of persons
or property, including the safety of
(a) the drivers of and passengers in
vehicles and combinations; and
(b) persons on or in the vicinity of
(or likely to be on or in the
vicinity of) roads, road
infrastructure and public places;
and
33
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 6 Part 1 Preliminary
(c) vehicles and combinations and
any loads in or on them;
"public street" has the same meaning as in
the Traffic Act 1925;
"records" means any documents,
documentation or records, whether in
paper, electronic or any other form;
"registered operator"
(a) in relation to a vehicle (including
a vehicle in a combination),
means the person recorded as the
person responsible for that
vehicle on a register maintained
in accordance with
(i) the Vehicle and Traffic
Act 1999; or
(ii) a law of another State or a
Territory dealing with the
use of motor vehicles and
trailers on roads; or
(b) in relation to a combination,
means the person recorded as the
person responsible for the towing
vehicle in the combination on a
register maintained in accordance
with
(i) the Vehicle and Traffic
Act 1999; or
34
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 1 Preliminary s. 6
(ii) a law of another State or a
Territory dealing with the
use of motor vehicles and
trailers on roads; or
(c) if the registration of a vehicle has
expired, or been cancelled, the
person last recorded as the person
responsible for that vehicle under
paragraph (a) or (b), unless that
person has notified the relevant
Australian Authority that he or
she is no longer responsible for
that vehicle;
"registration" of a vehicle means registration
of the vehicle under
(a) the Vehicle and Traffic Act 1999;
or
(b) a law of another State or a
Territory dealing with the use of
motor vehicles and trailers on
roads;
"regulations" means regulations made and in
force under this Act;
"responsible entity", in relation to a freight
container, see section 81 (Definition);
"responsible person" means any person
having, at a relevant time, a role or
responsibilities associated with road
transport, and includes any of the
following:
35
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 6 Part 1 Preliminary
(a) an owner of a vehicle or
combination or of a vehicle in a
combination;
(b) a driver of a vehicle or
combination;
(c) an operator or registered operator
of a vehicle or combination;
(d) a person in charge or apparently
in charge of a vehicle or
combination;
(e) a person in charge or apparently
in charge of the garage address of
a vehicle or combination or the
base of the driver or drivers of a
vehicle or combination;
(f) a person appointed under an
approved road transport
compliance scheme to have
monitoring or other
responsibilities under the scheme,
including (for example)
responsibilities for certifying,
monitoring or approving vehicles
or combinations under the
scheme;
(g) an operator of an intelligent
transport system;
(h) a person in charge of premises
entered by an officer under this
Act;
36
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 1 Preliminary s. 6
(i) a person who consigns goods for
transport by road;
(j) a person who packs goods in a
freight container or other
container or in a package or on a
pallet for transport by road;
(k) a person who loads goods or a
container on a vehicle or
combination for transport by
road;
(l) a person who unloads goods or a
container containing goods
consigned for transport by road;
(m) a person to whom goods are
consigned for transport by road;
(n) a person who receives goods
packed outside Australia in a
freight container or other
container or on a pallet for
transport by road in Australia;
(o) an owner or operator of a
weighbridge, or weighing facility,
used to weigh vehicles or
combinations or an occupier of
premises where such a
weighbridge or weighing facility
is located;
(p) a responsible entity for a freight
container;
37
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 6 Part 1 Preliminary
(q) a person who controls or directly
influences the loading or
operation of a vehicle or
combination;
(r) an agent, employer, employee or
subcontractor of any person
referred to in a preceding
paragraph of this definition;
"road authority" means
(a) a public authority that is
responsible for the care, control
or management of roads; or
(b) any person or body (whether or
not a public authority) prescribed
by the regulations for the
purposes of this definition, in
relation to specified roads or
specified classes of roads;
"road infrastructure" includes
(a) a road, including its surface or
pavement; and
(b) anything under or supporting a
road or its surface or pavement
and maintained by a road
authority; and
(c) any bridge, tunnel, causeway,
ford or other work or structure
forming part of a road system or
supporting a road; and
38
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 1 Preliminary s. 6
(d) any bridge or other work or
structure located above, in or on a
road and maintained by a road
authority; and
(e) any traffic control devices,
railway or tramway equipment,
electricity equipment, emergency
telephone systems or any other
facilities (whether of the same or
a different kind) in, on, over,
under or connected with anything
referred to in paragraph (a), (b),
(c) or (d); and
(f) anything declared by the
regulations to be included in this
definition
but does not include anything declared
by the regulations to be excluded from
this definition;
"road law" means
(a) this Act; and
(b) regulations made under this Act;
and
(c) any other legislation prescribed
by the regulations for the
purposes of this definition;
"road law offence" means an offence against
a road law;
39
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 6 Part 1 Preliminary
"road transport" or "transport by road"
means the transport of goods or
passengers by road by means of a vehicle
or combination;
"run", in relation to the engine of a vehicle or
combination, includes to start or stop the
engine;
"self-employed driver" means a driver who
is not an employed driver;
"special-purpose vehicle" means
(a) a vehicle that has been built, or
permanently modified, to be used
primarily for a purpose other than
the carriage of passengers or
goods; or
(b) a vehicle declared by the
regulations under the Vehicle and
Traffic Act 1999 to be a special
purpose vehicle for the purposes
of the definition of special
purpose vehicle in Schedule 2 of
that Act;
"specifications" of a vehicle means the
physical dimensions and other physical
attributes of the vehicle and its fittings;
"suitable location", in relation to a direction
given by an officer, means a location that
the officer believes on reasonable
grounds to be suitable for the purpose of
complying with the direction, having
40
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 1 Preliminary s. 6
regard to any matters the officer
considers relevant in the circumstances;
"supervisory intervention order" means an
order under Division 6 of Part 6;
"this jurisdiction" means Tasmania;
"traffic" includes vehicular traffic, pedestrian
traffic and all other forms of road traffic;
"trailer" has the same meaning as in the
Vehicle and Traffic Act 1999;
"transport documentation" means
(a) any contractual documentation
directly or indirectly associated
with
(i) a transaction for or
relating to the actual or
proposed transport of
goods or passengers by
road or any previous
transport of the goods or
passengers by any mode;
or
(ii) goods or passengers
themselves so far as the
documentation is relevant
to their actual or proposed
transport; or
(b) any associated documentation
41
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 6 Part 1 Preliminary
(i) contemplated in the
contractual
documentation; or
(ii) required by law, or
customarily provided, in
connection with the
contractual
documentation or with the
transaction
whether the documentation is in paper,
electronic or any other form, and whether
or not the documentation has been
transmitted physically, electronically or
in any other manner, and includes (for
example) an invoice, vendor declaration,
delivery order, consignment note, load
manifest, export receival advice, bill of
lading, contract of carriage, sea carriage
document or container weight
declaration, relating to the goods or
passengers;
"two-up driver" means a person
accompanying a driver of a vehicle or
combination on a journey or part of a
journey, who has been, is or will be
sharing the task of driving the vehicle or
combination during the journey;
"unit load" means a load of packaged goods
that are
(a) wrapped in plastic, and strapped
or otherwise secured to a pallet or
42
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 1 Preliminary s. 6
other base and to each other, for
transport; or
(b) placed together in a protective
outer container (except a freight
container) for transport; or
(c) secured together in a sling for
transport;
"vehicle" includes a trailer;
"work record" means a work diary or a
record of work time, rest time and
driving time required to be kept by a
driver in accordance with regulations
under the Vehicle and Traffic Act 1999.
(2) Nothing in the definition of "suitable location" in
subsection (1), or in any other provision of this
Act, prevents
(a) the intended destination of the journey
concerned; or
(b) the depot of the vehicle, or of a vehicle in
the combination, concerned
from being the nearest suitable location.
(3) A reference in this Act to a mass, dimension or
load restraint requirement is a reference to a
mass requirement, a dimension requirement or a
load restraint requirement.
43
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 7 Part 1 Preliminary
7. Examples
(1) An example (however expressed) in this Act is
part of this Act.
(2) If this Act includes an example (however
expressed) of the operation of a provision of this
Act
(a) the example is not exhaustive; and
(b) the example does not limit, but may
extend, the meaning of the provision.
8. Notes
A note in this Act is explanatory and is not part
of this Act.
9. Relationship of this Act to other laws
(1) The provisions of this Act are in addition to, and
do not limit or derogate from, the provisions of
any other law of this State.
(2) Evidence of a relevant contravention of this Act
or the regulations is admissible in any
proceedings for an offence against the
Workplace Health and Safety Act 1995 or any
regulations made under that Act.
(3) Compliance with this Act or the regulations, or
with any requirement imposed under this Act or
the regulations, is not, in itself, evidence that a
person complied with the Workplace Health and
44
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 1 Preliminary s. 10
Safety Act 1995 or any regulations made under
that Act or with a common law duty of care.
10. Operators
(1) For the purposes of this Act, a person is an
operator of a vehicle or combination if
(a) in the case of a vehicle (including a
vehicle in a combination), the person is
responsible for controlling or directing
the operations of the vehicle; or
(b) in the case of a combination, the person
is responsible for controlling or directing
the operations of the towing vehicle in
the combination.
(2) A person is not an operator merely because the
person does any or all of the following:
(a) owns a vehicle or combination;
(b) drives a vehicle or combination;
(c) maintains or arranges for the
maintenance of a vehicle or combination;
(d) arranges for the registration of a vehicle.
Note Section 126 (Liability of registered operators) contains
provisions relating to the liability of registered operators in
connection with offences committed by persons who are
operators of vehicles or combinations.
45
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 11 Part 1 Preliminary
11. Driver's base
(1) For the purposes of this Act, the base of a driver
of a vehicle or combination is
(a) the place recorded for the time being as
the driver's base in the work records of
the driver; or
(b) if no place is recorded as specified in
paragraph (a), the garage address of the
vehicle or towing vehicle of the
combination, as recorded by an
Australian Authority; or
(c) if no place is recorded as specified in
paragraph (a) or (b), the place from
which the driver normally works and
receives instructions.
(2) For the purposes of this section, if a driver is a
self-employed driver and an employed driver at
different times, the driver may have one base as
a self-employed driver and another base as an
employed driver.
(3) For the purposes of this section, if a driver has 2
or more employers, the driver may have a
different base in relation to each employer.
12. Associates
(1) For the purposes of this Act, a person is an
associate of another if
46
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 1 Preliminary s. 12
(a) one is a spouse, parent, brother, sister or
child of the other; or
(b) they are members of the same household;
or
(c) they are partners; or
(d) they are both trustees or beneficiaries of
the same trust, or one is a trustee and the
other is a beneficiary of the same trust; or
(e) one is a body corporate and the other is a
director or member of the governing
body of the body corporate; or
(f) one is a body corporate (other than a
public company whose shares are listed
on a stock exchange) and the other is a
shareholder in the body corporate; or
(g) they are related bodies corporate within
the meaning of the Corporations Act
2001 of the Commonwealth; or
(h) a chain of relationships can be traced
between them under any one or more of
the above paragraphs.
(2) For the purposes of subsection (1), a beneficiary
of a trust includes an object of a discretionary
trust.
47
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 13 Part 2 Enforcement Officers
PART 2 ENFORCEMENT OFFICERS
13. Exercise of powers by authorised officers
(1) An authorised officer has the powers conferred
on authorised officers by a road law.
(2) However, the Authority may, by instrument in
writing applicable to a specified authorised
officer or each authorised officer of a specified
class
(a) provide that the authorised officer may
not exercise specified powers; or
(b) provide that the authorised officer may
exercise specified powers only; or
(c) otherwise restrict the powers that the
authorised officer may exercise,
including (for example) by limiting the
circumstances in which the authorised
officer may exercise any powers
conferred on the authorised officer.
(3) In addition, the regulations may identify powers
that may only be exercised by an authorised
officer, or a class of authorised officers,
specifically empowered by the Authority under
subsection (2)(b) to exercise them.
(4) Nothing in this Act is to be taken as limiting any
functions or powers conferred on an authorised
officer under any other Act.
48
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 2 Enforcement Officers s. 14
14. Delegation
(1) The Authority may, by instrument in writing,
delegate all or any of its powers under this Act
(other than this power of delegation) to specified
authorised officers or authorised officers of
specified classes.
(2) The Commissioner of Police may, by instrument
in writing, delegate all or any of the
Commissioner's powers under this Act (other
than this power of delegation) to specified police
officers or police officers of specified classes.
(3) A delegate may sub-delegate a delegated power,
but only if and to the extent that the instrument
of delegation authorises the sub-delegation of the
power.
(4) Nothing in this section affects any other Act or
law by or under which powers may be delegated
by the Authority or the Commissioner of Police
or by or under which powers of the Authority or
the Commissioner of Police may otherwise be
exercised by other persons.
15. Identification cards
(1) The Authority may
(a) issue an authorised officer with an
identification card; or
(b) designate a card, issued to an authorised
officer by another person, body or
authority (whether or not of this
49
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 15 Part 2 Enforcement Officers
jurisdiction), as an identification card for
the purposes of this Act.
(2) An identification card issued by the Authority
must
(a) contain a photograph of the authorised
officer, the name of the Authority and
either
(i) the name and signature of the
authorised officer; or
(ii) a unique number that has been
assigned to the authorised officer
by the Authority; and
(b) identify the authorised officer as an
authorised officer.
(3) The Authority must not designate a card issued
to an authorised officer by another person, body
or authority as an identification card for the
purposes of this Act unless the card
(a) contains a photograph of the authorised
officer, the name of the other person,
body or authority and either
(i) the name and signature of the
authorised officer; or
(ii) a unique number that has been
assigned to the authorised officer
by the other person, body or
authority; and
50
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 2 Enforcement Officers s. 16
(b) identifies in some way (however
expressed) the authorised officer as an
authorised officer under another law or
as having official functions under another
law.
16. Production of identification
(1) This section applies to powers conferred on
authorised officers or police officers by or under
a road law, but only where the physical presence
of an officer at the scene is necessary for the
exercise of the power.
(2) An authorised officer must not exercise a power
unless an identification card has been issued to
or designated for the authorised officer.
(3) An authorised officer who is exercising or about
to exercise a power is required to comply with a
request to identify himself or herself, by
producing his or her identification card.
(4) A police officer who is exercising or about to
exercise a power is required to comply with a
request to identify himself or herself, by either of
the following methods (at the police officer's
choice):
(a) producing his or her police identification;
(b) stating orally or in writing his or her
name, rank and place of duty.
(5) An officer is required to comply with a
requirement under subsection (3) or (4)
51
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 17 Part 2 Enforcement Officers
(a) immediately; or
(b) if it is not practicable to comply with the
requirement immediately, as soon as
practicable.
(6) An officer need only identify himself or herself
once to a particular person during the course of
an incident, even though more than one power is
being exercised during the course of the incident.
(7) In this section
"incident" means
(a) a single incident; or
(b) a connected series of incidents
involving the same or
substantially the same parties and
occurring during a period of 72
hours;
"power" means a power under an Australian
road law;
"request", in relation to the exercise of a
power, means a request made by a person
(if any) in respect of whom the power is
being or is about to be exercised.
17. Return of identification cards
(1) A person commits an offence if
52
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 2 Enforcement Officers s. 18
(a) the Authority has issued an identification
card to the person; and
(b) the person was but is no longer an
authorised officer; and
(c) the Authority has requested the person to
return the card to the Authority within a
specified period; and
(d) the person did not return the card during
the period.
Penalty: Fine not exceeding 20 penalty units.
(2) It is a defence in proceedings for an offence
under subsection (1) if the defendant establishes
that he or she has a reasonable excuse.
18. Reciprocal powers of officers
(1) This section has effect in relation to another
jurisdiction while the corresponding law of the
other jurisdiction contains provisions
corresponding to this section.
(2) The Minister may enter into an agreement with a
Minister of the other jurisdiction for the
purposes of this section, and amend or revoke
any such agreement.
(3) To the extent envisaged by such an agreement
(a) authorised officers or police officers of
this jurisdiction may, in this jurisdiction
or the other jurisdiction, exercise powers
53
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 19 Part 2 Enforcement Officers
conferred respectively on authorised
officers or police officers of the other
jurisdiction by or under the
corresponding law of the other
jurisdiction; and
(b) authorised officers or police officers of
the other jurisdiction may, in this
jurisdiction or the other jurisdiction,
exercise powers conferred respectively
on authorised officers or police officers
by or under this Act.
(4) Anything done or omitted to be done by an
officer of this jurisdiction under
subsection (3)(a) is taken to have been done or
omitted to be done under this Act as well as
under the corresponding law.
(5) The regulations may make provision for or with
respect to the exercise of powers under this
section.
19. Authority may exercise powers of authorised
officers
(1) The Authority may exercise any power conferred
by or under a road law on an authorised officer,
other than a power that requires the physical
presence of an authorised officer.
(2) Accordingly, in this Act (except this Part)
references to an authorised officer include
references to the Authority.
54
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 3 General Enforcement Powers s. 20
PART 3 GENERAL ENFORCEMENT POWERS
Division 1 Preliminary
20. Meaning of qualified, fit or authorised to drive or
run engine
(1) For the purposes of this Part, a person is
"qualified" to drive a vehicle or combination (or
to run its engine) if the person
(a) holds an Australian driver licence of the
appropriate class to drive it and the
Australian driver licence is not
suspended; and
(b) is not prevented by or under a law
(including, for example, by the
conditions of the licence) from driving it
at the relevant time.
(2) For the purposes of this Part, a person is fit to
drive a vehicle or combination (or to run its
engine) if the person
(a) is apparently physically and mentally fit
to drive the vehicle or combination; and
(b) (without limiting the above) is not
apparently affected by alcohol or drugs.
(3) For the purposes of this Part, a person is
"authorised"
55
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 21 Part 3 General Enforcement Powers
(a) to drive a vehicle or combination if the
person is its operator or has the authority
of the operator to drive it; or
(b) to run the engine of a vehicle or
combination if the person is its operator
or has the authority of the operator to
drive it or to run the engine
whether or not the person is qualified to drive
the vehicle or combination (or run its engine) as
referred to in subsection (1).
21. Meaning of unattended vehicle or combination and
driver of disconnected trailer
(1) For the purposes of this Part, a vehicle or a
combination is "unattended" if
(a) where the officer concerned
(i) is present at the scene, there is,
after inspection and enquiry by
the officer that is reasonable in
the circumstances, apparently no
person in, on or in the vicinity of
the vehicle or the combination
who appears to be a driver of the
vehicle or the combination; or
(ii) is not present at the scene but is
able to inspect the scene by
means of a camera or other
remote surveillance system, there
is, after inspection by the officer
56
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 3 General Enforcement Powers s. 22
that is reasonable in the
circumstances, apparently no
person in, on or in the vicinity of
the vehicle or the combination
who appears to be a driver of the
vehicle or the combination; or
(b) where there is apparently such a person
in, on or in the vicinity of the vehicle or
combination, the officer believes on
reasonable grounds that
(i) the person is not qualified, not fit
or not authorised to drive it; or
(ii) the person is or appears to be
unwilling to drive it; or
(iii) the person is subject to a
direction under section 28
(Direction to leave vehicle or
combination) in relation to the
vehicle or combination.
(2) A reference in this Part to the driver of a vehicle
is, in a case where the vehicle is a trailer and is
not connected (either directly or by one or more
other trailers) to a towing vehicle, a reference to
the driver of the towing vehicle to which the
trailer was or apparently was last connected.
22. Meaning of broken down vehicle or combination
For the purposes of this Part
57
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 23 Part 3 General Enforcement Powers
(a) a motor vehicle is "broken down" if it is
not possible to drive the vehicle because
it is disabled through damage,
mechanical failure, lack of fuel or any
similar reason; and
(b) a vehicle that is a trailer is "broken
down" if it is not connected (either
directly or by one or more other trailers)
to a towing vehicle, whether or not the
trailer is also disabled through damage,
mechanical failure or any similar reason;
and
(c) a combination is "broken down" if it is
not possible to drive the combination
because the combination or a vehicle
comprised in the combination is disabled
through damage, mechanical failure, lack
of fuel or any similar reason.
23. Meaning of compliance purposes
For the purposes of this Part, a power to give a
direction to a person is exercised "for
compliance purposes" if the power is exercised
(a) to find out whether the Australian road
laws or an approved road transport
compliance scheme are being complied
with by that or any other person; or
(b) to investigate a breach or suspected
breach of an Australian road law or an
58
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 3 General Enforcement Powers s. 24
approved road transport compliance
scheme by that or any other person.
Division 2 Directions to stop, move or leave vehicles or
combinations
24. Application of Division
(1) This Division applies to a vehicle or
combination located
(a) on a public street; or
(b) in or on a public place; or
(c) in or on premises occupied or owned by
the Authority or by any other public
authority; or
(d) in or on premises where the officer is
lawfully present after entry under this
Part.
(2) This Division applies to the driver of a vehicle or
combination who is apparently in, on or in the
vicinity of the vehicle or combination.
25. Direction to stop vehicle or combination to enable
exercise of other powers
(1) An officer may, for the purpose of or in
connection with exercising other powers under
this Act, direct
59
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 25 Part 3 General Enforcement Powers
(a) the driver of a vehicle or combination to
stop the vehicle or combination; or
(b) the driver of a vehicle or combination or
any other person not to do any one or
more of the following:
(i) move the vehicle or combination;
(ii) interfere with it or any equipment
in or on it;
(iii) interfere with its load.
(2) A direction to stop a vehicle or combination may
require that it be stopped without delay, or that it
be stopped at the nearest place for it to be safely
stopped as indicated by the officer.
(3) A direction to stop the vehicle or combination,
or not to move it, or not to interfere with it or
any equipment in or on it or with its load, does
not prevent an officer from giving the driver or
another person any later inconsistent directions
under other provisions of the road laws.
(4) A direction ceases to be operative to the extent
that an officer
(a) gives the driver or other person a later
inconsistent direction; or
(b) indicates to the driver or other person
that the direction is no longer operative.
(5) A person commits an offence if
60
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 3 General Enforcement Powers s. 26
(a) the person is subject to a direction under
subsection (1); and
(b) the person engages in conduct that results
in a contravention of the direction.
Penalty: Fine not exceeding 60 penalty units.
(6) An offence against subsection (5) is an offence
of strict liability.
(7) In this section
"stop", in relation to a vehicle or
combination, means to stop the vehicle or
combination and keep it stationary.
26. Direction to move vehicle or combination to enable
exercise of other powers
(1) An officer may, for the purpose of or in
connection with the exercise of other powers
under this Act
(a) direct the driver or operator of a vehicle
or combination to move it or cause it to
be moved to the nearest suitable location
that is within the prescribed distance and
specified by the officer; and
(b) direct the driver or operator of a vehicle
or combination or any other person not to
interfere with
(i) the vehicle or combination or any
equipment in or on it; or
61
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 26 Part 3 General Enforcement Powers
(ii) the vehicle's or combination's
load.
(2) A person commits an offence if
(a) the person is subject to a direction under
subsection (1); and
(b) the person engages in conduct that results
in a contravention of the direction.
Penalty: Fine not exceeding 60 penalty units.
(3) Subject to subsection (4), an offence against
subsection (2) is an offence of strict liability.
(4) It is a defence in proceedings for an offence
under subsection (2) if the defendant establishes
that
(a) it was not possible to move the vehicle or
combination concerned because it was
broken down; and
(b) the breakdown occurred for a physical
reason beyond the driver's or operator's
control; and
(c) the breakdown could not be readily
rectified in a way that would enable the
direction to be complied with within a
reasonable time.
62
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 3 General Enforcement Powers s. 27
27. Direction to move vehicle or combination in case of
danger or obstruction
(1) This section applies where an officer believes on
reasonable grounds that a vehicle or combination
is
(a) causing serious harm, or creating an
imminent risk of serious harm, to public
safety, the environment or road
infrastructure; or
(b) causing or likely to cause an obstruction
to traffic.
(2) The officer may direct the driver or operator of
the vehicle or combination to do either or both of
the following:
(a) to move it, or cause it to be moved, to the
extent necessary to avoid the harm or
obstruction;
(b) to do anything else reasonably required
by the officer, or to cause anything else
reasonably required by the officer to be
done, to avoid the harm or obstruction.
(3) A person commits 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.
Penalty: Fine not exceeding 60 penalty units.
63
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 28 Part 3 General Enforcement Powers
(4) Subject to subsection (5), an offence against
subsection (3) is an offence of strict liability.
(5) It is a defence in proceedings for an offence
under subsection (3) if the defendant establishes
that
(a) it was not possible to move the vehicle or
combination concerned because it was
broken down; and
(b) the breakdown occurred for a physical
reason beyond the driver's or operator's
control; and
(c) the breakdown could not be readily
rectified in a way that would enable the
direction to be complied with within a
reasonable time.
28. Direction to leave vehicle or combination
(1) This section applies where
(a) the driver of a vehicle or combination
fails to comply with a direction given by
an officer under another provision of this
Division; or
(b) an officer believes on reasonable grounds
that the driver of a vehicle or
combination is not qualified, is not fit or
is not authorised to drive the vehicle or
combination in order to comply with
such a direction.
64
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 3 General Enforcement Powers s. 28
(2) The officer may direct the driver to do any one
or more of the following:
(a) to vacate the driver's seat;
(b) to leave the vehicle or combination;
(c) not to occupy the driver's seat until
permitted to do so by an officer;
(d) not to enter the vehicle or combination
until permitted to do so by an officer.
(3) The officer may direct any other person to do
either or both of the following:
(a) to leave the vehicle or combination;
(b) not to enter the vehicle or combination
until permitted to do so by an officer.
(4) A person commits an offence if
(a) the person is subject to a direction under
subsection (2) or (3); and
(b) the person engages in conduct that results
in a contravention of the direction.
Penalty: Fine not exceeding 60 penalty units.
(5) An offence against subsection (4) is an offence
of strict liability.
65
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 29 Part 3 General Enforcement Powers
29. Manner of giving directions under this Division
(1) A direction under this Division may be given to
a driver orally or by means of a sign or signal
(electronic or otherwise), or in any other manner.
(2) A direction under this Division may be given to
an operator orally or by telephone, facsimile,
electronic mail or radio, or in any other manner.
Division 3 Power to move unattended or broken down
vehicles or combinations
30. Moving unattended vehicle or combination: to
enable exercise of other powers
(1) This section applies where an officer
(a) believes on reasonable grounds that a
vehicle or combination is unattended on
a public street; and
(b) is seeking to exercise other powers under
this Act; and
(c) believes on reasonable grounds that the
vehicle or combination should be moved
to enable or facilitate the exercise of
those powers.
(2) The officer may
(a) move the vehicle or combination (by
driving or towing it or otherwise); or
66
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 3 General Enforcement Powers s. 31
(b) authorise another person to move it (by
driving or towing it or otherwise)
to the extent reasonably necessary to enable or
facilitate the exercise of the powers concerned.
(3) The officer may enter the vehicle or
combination, or authorise another person to enter
it, for the purpose of moving the vehicle or
combination.
(4) The officer or person authorised by the officer
may use reasonable force to do any or all of the
following:
(a) to open unlocked doors and other
unlocked panels and objects;
(b) to gain access to the vehicle or
combination, or its engine or other
mechanical components, to enable the
vehicle or combination to be moved;
(c) to enable the vehicle or combination to
be towed.
(5) The officer or person authorised by the officer
may drive the vehicle or combination only if
qualified and fit to drive it.
31. Moving unattended or broken down vehicle or
combination where danger or obstruction
(1) This section applies where an officer believes on
reasonable grounds that
67
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 31 Part 3 General Enforcement Powers
(a) a vehicle or combination on a public
street is unattended or broken down; and
(b) the vehicle or combination is causing
serious harm, or creating an imminent
risk of serious harm, to public safety, the
environment or road infrastructure, or is
causing or likely to cause an obstruction
to traffic.
(2) The officer may
(a) move the vehicle or combination or any
vehicle forming part of the combination
(by driving or towing it or otherwise); or
(b) authorise another person to move it (by
driving or towing it or otherwise)
to the extent reasonably necessary to avoid the
harm or obstruction.
(3) The officer may
(a) enter the vehicle or combination, or
authorise another person to enter it, for
the purpose of moving the vehicle; or
(b) separate any or all of the vehicles
forming part of the combination, or
authorise another person to separate
them, for the purpose of moving any or
all of the vehicles.
(4) The officer may drive the vehicle or combination
even though the officer is not qualified to drive
it, if the officer believes on reasonable grounds
68
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 3 General Enforcement Powers s. 32
that there is no other person in, on or in the
vicinity of the vehicle or combination who is
more capable of driving it than the officer and
who is fit and willing to drive it.
(5) The person authorised by the officer may drive
the vehicle or combination even though the
authorised person is not qualified to drive it, if
the officer believes on reasonable grounds that
there is no other person in, on or in the vicinity
of the vehicle or combination who is more
capable of driving it than the authorised person
and who is fit and willing to drive it.
(6) The officer or person driving a vehicle or
combination under the authority of this section is
exempt from any other road law to the extent
that the other law would require him or her to be
licensed or otherwise authorised to drive it.
(7) The officer or person authorised by the officer
may use reasonable force to the extent
reasonably necessary to avoid the harm or
obstruction.
32. Operator's authorisation not required for driving
under this Part
It is immaterial that the officer or person driving
a vehicle or combination under the authority of
this Part is not authorised to drive it (as referred
to in section 20(3)).
69
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 33 Part 3 General Enforcement Powers
Division 4 Powers of inspection and search
Note This Division authorises:
- premises of operators and a range of other premises to be
inspected and searched
- vehicles or combinations to be inspected in or on any such
premises and on roads, public places and certain official
premises.
33. Power to inspect vehicle or combination on public
street, public place or certain official premises
(1) This section applies to a vehicle or combination
located
(a) on a public street; or
(b) in or on a public place; or
(c) in or on premises occupied or owned by
the Authority or by any other public
authority
whether or not the vehicle or combination is
unattended.
(2) An officer may inspect a vehicle or combination
for compliance purposes.
(3) The officer may enter the vehicle or combination
for the purpose of or in connection with
conducting the inspection.
(4) The officer may exercise powers under this
section at any time, and without the consent of
the driver or other person apparently in charge of
the vehicle or combination or any other person.
70
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 3 General Enforcement Powers s. 33
(5) Without limiting the above, the power to inspect
a vehicle or combination under this section
includes any or all of the following:
(a) the power to weigh, test, measure or take
photographs of the vehicle or
combination or any part of it or its
equipment or load;
(b) the power to check the existence or
details of, or take photographs of,
placards or other information required by
or under an Australian road law or by or
under an approved road transport
compliance scheme to be displayed in or
on the vehicle or combination, including
placards or other information relating to
its specifications, capabilities or legal
entitlements;
(c) the power to inspect and take copies of or
extracts from any records that are located
in or on the vehicle or combination and
that are required to be carried in or on the
vehicle or combination by or under an
Australian road law or by or under an
approved road transport compliance
scheme;
(d) the power to access or download
information that is required to be kept by
or under an Australian road law or by or
under an approved road transport
compliance scheme and that is
71
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 34 Part 3 General Enforcement Powers
(i) stored electronically in equipment
located in or on the vehicle; or
(ii) accessible electronically from
equipment located in or on the
vehicle.
(6) This section does not authorise the use of force,
but the officer may under this section do any or
all of the following:
(a) open unlocked doors and other unlocked
panels and objects;
(b) inspect anything that has been opened or
otherwise accessed under the power to
use reasonable force in the exercise of a
power to enter or move a vehicle or
combination under Division 3;
(c) move but not take away anything that is
not locked up or sealed.
34. Power to search vehicle or combination on public
street, public place or certain official premises
(1) This section applies to a vehicle or combination
located
(a) on a public street; or
(b) in or on a public place; or
(c) in or on premises occupied or owned by
the Authority or by any other public
authority
72
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 3 General Enforcement Powers s. 34
whether or not the vehicle or combination is
unattended.
(2) An officer may search a vehicle or combination
for compliance purposes, if the officer believes
on reasonable grounds that
(a) the vehicle or combination has been, is
being, or is likely to be used in the
commission of an Australian road law
offence or in the commission of a breach
of an approved road transport compliance
scheme; or
(b) the vehicle or combination has been or
may have been involved in an incident
involving death or personal injury or
damage to property.
(3) The officer may form the necessary belief during
or after an inspection or independently of an
inspection.
(4) The officer may enter the vehicle or combination
for the purpose of or in connection with
conducting the search.
(5) The officer may exercise powers under this
section at any time, and without the consent of
the driver or other person apparently in charge of
the vehicle or combination or any other person.
(6) Without limiting the above, the power to search
a vehicle or combination under this section
includes any or all of the following:
73
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 34 Part 3 General Enforcement Powers
(a) the power to search for evidence of an
Australian road law offence or a breach
of an approved road transport compliance
scheme;
(b) the power to search for and inspect any
records, devices or other things that
relate to the vehicle or combination or
any part of its equipment or load and that
are located in or on the vehicle or
combination;
(c) the power to take copies of or extracts
from any or all of the following:
(i) any records that are located in or
on the vehicle or combination and
that are required to be carried in
or on the vehicle or combination
by or under an Australian road
law or by or under an approved
road transport compliance
scheme;
(ii) any transport documentation or
journey documentation located in
or on the vehicle or combination;
(iii) any other records, or any readout
or other data obtained from any
device or thing, located in or on
the vehicle or combination that
the officer believes on reasonable
grounds provide, or may on
further inspection provide,
evidence of an Australian road
74
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 3 General Enforcement Powers s. 35
law offence or a breach of an
approved road transport
compliance scheme;
(d) any powers that may be exercised during
an inspection of a vehicle or combination
under section 33(5).
(7) The power to search a vehicle or combination
under this section does not include a power to
search a person.
(8) The officer may seize and remove any records,
devices or other things from the vehicle or
combination that the officer believes on
reasonable grounds provide, or may on further
inspection provide, evidence of an Australian
road law offence or a breach of an approved road
transport compliance scheme.
(9) The officer may use reasonable force in the
exercise of powers under this section.
35. Power to inspect premises
(1) This section applies to the following premises:
(a) any premises at or from which a
responsible person carries on business, or
that are occupied by a responsible person
in connection with such a business, or
that are a registered office of a
responsible person;
(b) the garage address of a vehicle or
combination;
75
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 35 Part 3 General Enforcement Powers
(c) the base of the driver or drivers of a
vehicle or combination;
(d) any premises where records required to
be kept by or under an Australian road
law or by or under an approved road
transport compliance scheme are located
or where any such records are required to
be located.
(2) An officer may inspect premises for compliance
purposes.
(3) The officer may enter the premises for the
purpose of conducting the inspection.
(4) Without limiting the above, the officer may
inspect, or enter and inspect, any vehicle or
combination at the premises.
(5) The inspection may be made
(a) at any time with the consent of the
occupier or other person apparently in
charge of the premises; or
(b) if a business is carried on at the premises,
at any time during the usual business
operating hours applicable at the
premises (whether or not the premises
are actually being used for that purpose),
and without consent.
(6) This section does not authorise, without consent,
the entry or inspection of
76
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 3 General Enforcement Powers s. 35
(a) premises that are apparently unattended,
unless the officer believes on reasonable
grounds that the premises are not
unattended; or
(b) premises that are, or any part of premises
that is, used predominantly for residential
purposes.
(7) Without limiting the above, the power to inspect
premises under this section includes any or all of
the following:
(a) the power to inspect and take copies of or
extracts from any records located at the
premises and required to be kept by or
under an Australian road law or by or
under an approved road transport
compliance scheme;
(b) the power to check for the existence of
and inspect any devices (including
weighing, measuring, recording or
monitoring devices) required to be
installed, used or maintained by or under
an Australian road law or by or under an
approved road transport compliance
scheme, and to inspect and take copies of
or extracts from any readout or other data
obtained from any such device;
(c) the power to exercise with respect to a
vehicle or combination located at the
premises any powers that may be
exercised during an inspection of a
77
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 36 Part 3 General Enforcement Powers
vehicle or combination under
section 33(5);
(d) the power to use photocopying
equipment on the premises free of charge
for the purpose of copying any records or
other material under paragraph (a) or (b).
(8) This section does not authorise the use of force,
but the officer may under this section do any or
all of the following:
(a) open unlocked doors and other unlocked
panels and objects;
(b) inspect anything that has been opened or
otherwise accessed under the power to
use reasonable force in the exercise of a
power to enter or move a vehicle or
combination under Division 3;
(c) move but not take away anything that is
not locked up or sealed.
36. Power to search premises
(1) This section applies to the following premises:
(a) any premises at or from which a
responsible person carries on business, or
that are occupied by a responsible person
in connection with such a business, or
that are a registered office of a
responsible person;
78
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 3 General Enforcement Powers s. 36
(b) the garage address of a vehicle or
combination;
(c) the base of the driver or drivers of a
vehicle or combination;
(d) any premises where records required to
be kept by or under an Australian road
law or by or under an approved road
transport compliance scheme are located
or where any such records are required to
be located;
(e) any premises where the officer concerned
believes on reasonable grounds that
(i) a vehicle or combination is or has
been located; or
(ii) transport documentation or
journey documentation is located.
(2) An officer may search premises for compliance
purposes, if the officer believes on reasonable
grounds
(a) that there may be at the premises records,
devices or other things that may provide
evidence of an Australian road law
offence or of the commission of a breach
of an approved road transport compliance
scheme; or
(b) that
(i) a vehicle or combination has been
or may have been involved in an
79
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 36 Part 3 General Enforcement Powers
incident involving death or
personal injury or damage to
property; and
(ii) the vehicle or combination is
connected with the premises.
(3) For the purposes of this section, a vehicle or
combination is "connected" with the premises
if
(a) the premises are the garage address of the
vehicle or combination; or
(b) the vehicle or combination is, or has
within the past 72 hours been, located at
the premises; or
(c) the premises are or may be otherwise
connected (directly or indirectly) with the
vehicle or combination or any part of its
equipment or load.
(4) The officer may form the necessary belief during
or after an inspection under section 35 or
independently of such an inspection.
(5) The officer may enter the premises for the
purpose of conducting the search.
(6) Without limiting the above, the officer may
search, or enter and search, any vehicle or
combination at the premises.
(7) The search may be conducted
(a) at any time under the authority of a
warrant under this Act; or
80
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 3 General Enforcement Powers s. 36
(b) at any time with the consent of the
occupier or other person apparently in
charge of the premises; or
(c) if a business is carried on at the premises,
at any time during the ordinary business
hours applicable at the premises (whether
or not the premises are actually being
used for that purpose), and without a
warrant and without the consent of the
occupier or other person apparently in
charge of the premises or any other
person; or
(d) if the officer believes on reasonable
grounds that subsection (2)(b) applies, at
any time, and without a warrant and
without the consent of the occupier or
other person apparently in charge of the
premises or any other person.
(8) This section does not authorise, without a
warrant or consent, the entry or searching of
(a) premises that are unattended, unless the
officer believes on reasonable grounds
that the premises are not unattended; or
(b) premises that are, or any part of premises
that is, used predominantly for residential
purposes.
(9) Without limiting the above, the power to search
premises under this section includes any or all of
the following:
81
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 36 Part 3 General Enforcement Powers
(a) the power to search for evidence of an
Australian road law offence or a breach
of an approved road transport compliance
scheme;
(b) the power to search for and inspect any
records, devices or other things that
relate to a vehicle or combination or any
part of its equipment or load and that are
located at the premises;
(c) the power to take copies of or extracts
from any or all of the following:
(i) any records that are located at the
premises and are required to be
kept by or under an Australian
road law or by or under an
approved road transport
compliance scheme;
(ii) any transport documentation or
journey documentation located at
the premises;
(iii) any other records, or any readout
or other data obtained from any
device or thing, located at the
premises that the officer believes
on reasonable grounds provide, or
may on further inspection
provide, evidence of an
Australian road law offence or a
breach of an approved road
transport compliance scheme;
82
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 3 General Enforcement Powers s. 37
(d) the power to use photocopying
equipment on the premises free of charge
for the purpose of copying any records or
other material under paragraph (c);
(e) the power to exercise with respect to a
vehicle or combination located at the
premises any powers that may be
exercised during a search of a vehicle or
combination under section 34(6);
(f) any powers that may be exercised during
an inspection of premises under
section 35(7).
(10) The power to search premises under this section
does not include a power to search a person.
(11) The officer may seize and remove any records,
devices or other things from the premises that
the officer believes on reasonable grounds
provide, or may on further inspection provide,
evidence of an Australian road law offence or a
breach of an approved road transport compliance
scheme.
(12) The officer may use reasonable force in the
exercise of powers under this section.
37. Residential purposes
For the purposes of this Division, premises are,
or any part of premises is, taken not to be used
for residential purposes merely because
temporary or casual sleeping or other
83
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 38 Part 3 General Enforcement Powers
accommodation is provided there for drivers of
vehicles or combinations.
Division 5 Directions
38. Direction to produce records, devices or other
things
(1) An officer may, for compliance purposes, direct
any responsible person to produce
(a) any records required to be kept by or
under an Australian road law; or
(b) any records comprising transport
documentation or journey documentation
in the person's possession or under the
person's control; or
(c) any records, or any devices or other
things that contain or may contain
records, in the person's possession or
under the person's control relating to or
indicating
(i) the use, performance or condition
of a vehicle or combination; or
(ii) ownership, insurance or
registration of a vehicle or
combination; or
(iii) any load or equipment carried or
intended to be carried by a
vehicle or combination (including
84
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 3 General Enforcement Powers s. 38
insurance of any such load or
equipment); or
(d) any records, or any devices or other
things that contain or may contain
records, in the person's possession or
under the person's control demonstrating
that a vehicle's garage address recorded
in the relevant register is the vehicle's
actual garage address.
(2) The direction must
(a) specify the records, devices or other
things or the classes of records, devices
or other things that are to be produced;
and
(b) state where and to whom the records,
devices or other things are to be
produced.
Note Section 43 (Directions to state when to be complied with)
deals with the time for compliance.
(3) The officer may do any or all of the following:
(a) inspect records, devices or other things
that are produced;
(b) make copies of, or take extracts from,
records, devices or other things that are
produced;
(c) seize and remove records, devices or
other things that are produced that the
officer believes on reasonable grounds
85
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 39 Part 3 General Enforcement Powers
may on further inspection provide
evidence of an Australian road law
offence.
(4) A person commits an offence if
(a) the person is subject to a direction under
subsection (1); and
(b) the person engages in conduct that results
in a contravention of the direction.
Penalty: In the case of
(a) an individual, a fine not
exceeding 40 penalty units; or
(b) a body corporate, a fine not
exceeding 200 penalty units.
(5) Subject to subsection (6), an offence against
subsection (4) is an offence of strict liability.
(6) It is a defence in proceedings for an offence
under subsection (4) if the defendant establishes
that he or she has a reasonable excuse.
39. Direction to provide information
(1) An officer may, for compliance purposes, direct
a responsible person to provide information to
the officer about a vehicle or combination or any
load or equipment carried or intended to be
carried by a vehicle or combination.
86
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 3 General Enforcement Powers s. 39
(2) Without limiting the above, a direction under
subsection (1) may require a responsible person
who is associated with a particular vehicle or
combination to do any or all of the following:
(a) to state the name, home address and
business address of
(i) other responsible persons of
specified types who are
associated with the vehicle or
combination; and
(ii) if so requested, in the case of a
combination, the registered
operator of each vehicle in the
combination;
(b) to provide information about the current
or intended trip of the vehicle or
combination, including
(i) the location of the start or
intended start of the trip; and
(ii) the route or intended route of the
trip; and
(iii) the location of the destination or
intended destination of the trip.
(3) A person commits an offence if
(a) the person is subject to a direction under
subsection (1); and
(b) the person engages in conduct that results
in a contravention of the direction.
87
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 39 Part 3 General Enforcement Powers
Penalty: In the case of
(a) an individual, a fine not
exceeding 40 penalty units; or
(b) a body corporate, a fine not
exceeding 200 penalty units.
(4) A person commits an offence if
(a) the person is subject to a direction under
subsection (1); and
(b) the person provides any information that
is false or misleading in a material
particular in purported response to the
direction.
Penalty: In the case of
(a) an individual, a fine not
exceeding 100 penalty units; or
(b) a body corporate, a fine not
exceeding 500 penalty units.
(5) Subject to subsections (6) and (7), an offence
against this section is an offence of strict
liability.
(6) It is a defence in proceedings for an offence of
contravening a direction under subsection (1) if
the defendant establishes that he or she did not
know and could not reasonably be expected to
have known or ascertained the required
information.
88
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 3 General Enforcement Powers s. 40
(7) It is a defence in proceedings for an offence of
contravening a direction under subsection (1), in
relation to a failure to state another person's
business address, if the defendant establishes
that
(a) the other person did not have a business
address; or
(b) the other person's business address was
not connected (directly or indirectly)
with road transport involving vehicles or
combinations.
40. Direction to provide reasonable assistance for
powers of inspection and search
(1) An officer may direct a responsible person to
provide assistance to the officer to enable the
officer to effectively exercise a power under
section 33, 34, 35 or 36.
(2) Without limiting the above, the assistance may
include helping the officer to do any or all of the
following:
(a) to find and gain access to any records or
information relating to a vehicle or
combination, including but not limited
to
(i) records and information required
to be kept in or on a vehicle or
combination (including records
and information indicating its
89
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 40 Part 3 General Enforcement Powers
performance, specifications,
capabilities or legal entitlements);
or
(ii) records and information
(including records and
information relating to its
performance, specifications,
capabilities or legal entitlements)
in a useable form for the purpose
of ascertaining its compliance
with requirements imposed by or
under an Australian road law;
(b) to find and gain access to electronically
stored information;
(c) to weigh or measure
(i) the whole or any part of a vehicle
or combination, including an axle
or axle group; or
(ii) the whole or any part of its
equipment or load;
(d) to operate equipment or facilities for a
purpose relevant to the power being or
proposed to be exercised;
(e) to access photocopying equipment free of
charge for the purpose of copying any
records or other material.
(3) This section authorises the giving of a direction
to run the engine of a vehicle or combination,
90
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 3 General Enforcement Powers s. 40
but not otherwise to drive the vehicle or
combination.
(4) A direction
(a) can only be given in relation to a power
under section 33, 34, 35 or 36 while the
power can lawfully be exercised; and
(b) ceases to be operative if the power ceases
to be exercisable.
Note Accordingly, a direction cannot be given under this section, or
remain operative, in relation to the exercise of a power under
Division 4 where consent is required for the exercise of the
power, unless unwithdrawn consent is given for the exercise
of the power or the power can lawfully be exercised without
consent.
(5) A person commits an offence if
(a) the person is subject to a direction under
subsection (1); and
(b) the person engages in conduct that results
in a contravention of the direction.
Penalty: In the case of
(a) an individual, a fine not
exceeding 60 penalty units; or
(b) a body corporate, a fine not
exceeding 300 penalty units.
(6) Subject to subsection (7), an offence against
subsection (5) is an offence of strict liability.
91
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 41 Part 3 General Enforcement Powers
(7) It is a defence to proceedings under
subsection (5) if the defendant establishes that
(a) the direction was unreasonable; or
(b) without limiting the above, the direction
or its subject matter is outside the scope
of the business or other activities of the
person.
(8) If the responsible person to whom a direction to
run the engine of a vehicle or combination is
given under this section fails to comply with the
direction or no responsible person is available or
willing to do so, the officer may
(a) enter the vehicle or combination and run
its engine; or
(b) authorise any other person to do so.
41. Provisions relating to running engine
(1) This section applies to a person (in this section
referred to as the "authorised person") who is
(a) a responsible person to whom a direction
is given under section 40 to run the
engine of a vehicle or combination; or
(b) an officer authorised by section 40(8) to
run the engine of a vehicle or
combination; or
92
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 3 General Enforcement Powers s. 42
(c) a person authorised by an officer under
section 40(8) to run the engine of a
vehicle or combination.
(2) The authorised person may run the engine even
though the person is not qualified to drive the
vehicle or combination, if the officer believes on
reasonable grounds that there is no other person
in, on or in the vicinity of the vehicle or
combination who is more capable of running the
engine than the authorised person and who is fit
and willing to run the engine.
(3) The authorised person may use reasonable force
in complying with the direction to run the engine
or when acting under the authority of
section 40(8) to run the engine.
(4) It is immaterial that the authorised person does
not have the authority of the registered operator
to run the engine.
(5) The authorised person is, in complying with the
direction to run the engine or when acting under
the authority of section 40(8) to run the engine,
exempt from any other road law to the extent
that the other law would require him or her to be
licensed or otherwise authorised to do so.
42. Manner of giving directions under this Division
(1) A direction under this Division may be given
orally, in writing or in any other manner.
93
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 43 Part 3 General Enforcement Powers
(2) A direction not given in person may be sent or
transmitted by post, telephone, facsimile,
electronic mail, radio or in any other manner.
43. Directions to state when to be complied with
(1) If given orally, a direction under this Division
must state whether it is to be complied with
immediately or within a specified period.
(2) If given in writing, a direction under this
Division must specify the period within which it
is to be complied with.
Division 6 Warrants
44. Warrants
(1) This section applies where an officer believes on
reasonable grounds that
(a) there may be at particular premises, then
or within the next 72 hours, records,
devices or other things that may provide
evidence of an Australian road law
offence; or
(b) a vehicle or combination has been or may
have been involved in an incident
involving death or personal injury or
damage to property and
94
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 3 General Enforcement Powers s. 44
(i) the vehicle or combination is or
has been located at particular
premises; or
(ii) particular premises are or may be
otherwise connected (directly or
indirectly) with the vehicle or
combination or any part of its
equipment or load.
(2) The officer may apply to a magistrate for a
warrant authorising the officer to exercise a
power to enter and search the premises under
section 36.
(3) A search warrant authorises an officer
(a) to enter premises; and
(b) to search premises in accordance with
section 36; and
(c) to seize any property found in the course
of the search that the officer believes, on
reasonable grounds, provides evidence of
an Australian road law offence of the
kind specified in the warrant.
(4) Nothing in this section limits any other statutory
law relating to search warrants.
(5) Schedule 1 has effect in relation to the issue,
execution, effect and expiry of warrants for the
purposes of this section.
95
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 45 Part 3 General Enforcement Powers
Division 7 Other provisions regarding inspections and
searches
45. Use of assistants and equipment
(1) An officer may exercise powers under this Part
with the aid of such assistants and equipment as
the officer considers reasonably necessary in the
circumstances.
(2) Powers that may be exercised by an officer
under this Part may be exercised by an assistant
authorised and supervised by the officer, but
only if the officer considers that it is reasonably
necessary in the circumstances that an assistant
exercise the powers.
46. Use of equipment to examine or process things
(1) Without limiting section 45 (Use of assistants
and equipment), an officer exercising a power
under this Part may bring to, or on to, a vehicle,
combination or premises any equipment
reasonably necessary for the examination or
processing of things found in, on or at the
vehicle, combination or premises in order to
determine whether they are things that may be
seized.
(2) If
(a) it is not practicable to examine or process
the things at the vehicle, combination or
premises; or
96
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 3 General Enforcement Powers s. 47
(b) the occupier of the vehicle, combination
or premises consents in writing
the things may be moved to another place so that
the examination or processing can be carried out
in order to determine whether they are things
that may be seized.
(3) The officer, or a person assisting the officer, may
operate equipment already in, on or at the
vehicle, combination or premises to carry out the
examination or processing of a thing found in,
on or at the vehicle, combination or premises in
order to determine whether it is a thing that may
be seized, if the officer or person assisting
believes on reasonable grounds that
(a) the equipment is suitable for the
examination or processing; and
(b) the examination or processing can be
carried out without damage to the
equipment or the thing.
47. Use or seizure of electronic equipment
(1) If
(a) a thing found by an officer in, on or at a
vehicle, combination or premises is, or
includes, a disk, tape or other device for
the storage of information; and
(b) equipment in, on or at the vehicle,
combination or premises may be used
97
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 47 Part 3 General Enforcement Powers
with the disk, tape or other storage
device; and
(c) the officer concerned believes on
reasonable grounds that the information
stored on the disk, tape or other storage
device is relevant to determine whether
an Australian road law or approved road
transport compliance scheme has been
contravened
the officer or a person assisting the officer may
operate the equipment to access the information.
(2) If the officer or a person assisting the officer
finds that a disk, tape or other storage device in,
on or at the vehicle, combination or premises
contains information of a kind referred to in
subsection (1)(c), he or she may
(a) put the information in documentary form
and seize the documents so produced; or
(b) copy the information to another disk,
tape or other storage device and remove
that storage device from the vehicle,
combination or premises; or
(c) if it is not practicable to put the
information in documentary form or to
copy the information, seize the disk, tape
or other storage device and the
equipment that enables the information
to be accessed.
(3) An officer or a person assisting an officer must
not operate or seize equipment for the purpose
98
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 3 General Enforcement Powers s. 48
referred to in this section unless the officer or
person assisting believes on reasonable grounds
that the operation or seizure of the equipment
can be carried out without damage to the
equipment.
Division 8 Other provisions regarding seizure
48. Receipt for and access to seized material
If a record, device or other thing is seized and
removed under this Part, the officer concerned
must
(a) give a receipt for it to the person from
whom it is seized and removed; and
(b) if practicable, allow the person who
would normally be entitled to possession
of it reasonable access to it.
49. Embargo notices
(1) This section applies where
(a) an officer is authorised to seize any
record, device or other thing under this
Part; and
(b) the record, device or other thing cannot,
or cannot readily, be physically seized
and removed.
(2) The officer may issue an embargo notice under
this section.
99
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 49 Part 3 General Enforcement Powers
(3) An "embargo notice" is a notice forbidding the
movement, sale, leasing, transfer, deletion of
information from or other dealing with the
record, device or other thing, or any part of it,
without the written consent of the officer, the
Authority or the Commissioner of Police.
(4) The embargo notice
(a) must be in the form, or contain the
particulars, required by the regulations;
and
(b) must list the activities that it forbids; and
(c) must set out a copy of subsection (8).
(5) The officer may issue the embargo notice
(a) by causing a copy of the notice to be
served on the occupier of the vehicle,
combination or premises concerned; or
(b) if that person cannot be located after all
reasonable steps have been taken to do
so, by affixing a copy of the notice to the
record, device or other thing in a
prominent position.
(6) A person commits an offence if
(a) the person knows that an embargo notice
relates to a record, device or other thing;
and
(b) the person
100
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 3 General Enforcement Powers s. 49
(i) does anything that is forbidden by
the embargo notice under this
section; or
(ii) instructs any other person to do
anything that is forbidden by the
embargo notice under this section
or to do anything that the person
is forbidden to do by the notice.
Penalty: In the case of
(a) an individual, a fine not
exceeding 80 penalty units; or
(b) a body corporate, a fine not
exceeding 400 penalty units.
(7) It is a defence in proceedings for an offence
against subsection (6) if the defendant
establishes that he or she
(a) moved the record, device or other thing,
or part of it, for the purpose of protecting
or preserving it; and
(b) notified the officer who issued the
embargo notice of the move, and of the
new location of the record, device or
other thing or part of it, within 48 hours
after the move.
(8) A person commits an offence if
(a) an embargo notice has been served on the
person; and
101
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 50 Part 3 General Enforcement Powers
(b) the person fails to take reasonable steps
to prevent any other person from doing
anything forbidden by the notice.
Penalty: In the case of
(a) an individual, a fine not
exceeding 80 penalty units; or
(b) a body corporate, a fine not
exceeding 400 penalty units.
(9) Despite anything in any other Act, a sale, lease
or transfer or other dealing with a record, device
or other thing, or part of it, in contravention of
this section is void.
(10) Subject to subsection (7), an offence against this
section is an offence of strict liability.
Division 9 Miscellaneous
50. Power to use force against persons to be exercised
only by police officers
A provision of this Part that authorises a person
to use reasonable force does not authorise a
person who is not a police officer to use force
against a person.
51. Consent
(1) Before obtaining the consent of a person for the
purposes of a provision of this Part, the officer
102
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 3 General Enforcement Powers s. 52
concerned must inform the person that he or she
may refuse to give consent.
(2) An entry by or the exercise of any other power
under this Part by an officer by virtue of the
consent of a person is not lawful unless the
person voluntarily consented to the entry.
(3) Consent may be withdrawn after it has been
given, and if it is withdrawn the power
concerned must no longer be exercised by virtue
of the consent.
52. Directions may be given under more than one
provision
(1) An officer may, on the same occasion, give
directions under one or more provisions of this
Part.
(2) Without limiting the above, an officer may, in
the course of exercising powers under a
provision of this Part, give
(a) further directions under the provision; or
(b) directions under one or more other
provisions of this Part
or both.
53. Restoring vehicle, combination or premises to
original condition after action taken
If
103
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 54 Part 3 General Enforcement Powers
(a) an officer or a person authorised by the
officer takes any action in the exercise or
purported exercise of any power under
this Part in relation to a vehicle or
combination or its equipment or load or
in relation to any premises; and
(b) damage is caused by the unreasonable
exercise of the power or by the use of
force that was not authorised under this
Part
the officer must take reasonable steps to return
the vehicle, combination, equipment, load or
premises to the condition it was in immediately
before the action was taken.
54. Self-incrimination no excuse
(1) Subject to subsections (2) and (3)
(a) a person is not excused from producing a
record, or a device or other thing that
contains or may contain a record, under
section 38 (Direction to produce records,
devices or other things) on the ground
that it (or the information in it) might
incriminate the person; and
(b) a person is not excused from providing
any information under section 39
(Direction to provide information) on the
ground that the information might
incriminate the person; and
104
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 3 General Enforcement Powers s. 54
(c) a person is not excused from providing
any assistance under section 40
(Direction to provide reasonable
assistance for powers of inspection and
search) on the ground that the assistance
may result in information being provided
that might incriminate the person.
(2) It is a defence in proceedings for an offence of
failing to comply with a direction under
section 39 or 40 if the defendant establishes
that
(a) the defendant, in complying with the
direction, would have been required to
answer a question; and
(b) the defendant objected to complying with
the direction on the ground that the
answer might incriminate the defendant;
and
(c) there were reasonable grounds for the
objection.
(3) It is a defence in proceedings for an offence of
failing to comply with a direction under
section 38, 39 or 40 if the defendant establishes
that
(a) the defendant, in complying with the
direction, would have been required
(i) to locate, identify or reveal the
whereabouts of a record; or
105
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 54 Part 3 General Enforcement Powers
(ii) to explain the contents of a
record; and
(b) the defendant had objected to complying
with the direction on the ground that the
record (or the information in it) might
incriminate the defendant; and
(c) there were reasonable grounds for the
objection.
(4) Subsection (2) does not apply
(a) to a body corporate; or
(b) in relation to
(i) a record that is required to be
kept by law; or
(ii) any information in such a
record
whether or not the record has been kept
properly or has been kept at all.
(5) Subsection (3) does not apply
(a) to a body corporate; or
(b) in relation to
(i) a record that is required to be
kept by law; or
(ii) any information in such a
record
106
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 3 General Enforcement Powers s. 55
whether or not the record has been kept
properly or has been kept at all; or
(c) in relation to locating, identifying or
revealing the whereabouts of a record, or
a record of a class, that was specifically
identified in the direction concerned.
55. Providing evidence to other authorities
(1) Any records, devices or other things seized
under this Act, or any information obtained
under this Act, may, for the purposes of law
enforcement, be given to any public authority of
any jurisdiction (including any corresponding
Authority) considered appropriate by the
Authority or the Commissioner of Police, but
only after consultation with the public authority
concerned.
(2) This section has effect subject to the Personal
Information Protection Act 2004.
56. Obstructing or hindering officers
(1) Subject to subsection (2), a person commits an
offence if
(a) an officer is exercising a power under
this Act; and
(b) the person obstructs or hinders the officer
in the exercise of the power.
107
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 57 Part 3 General Enforcement Powers
Penalty: In the case of
(a) an individual, a fine not
exceeding 80 penalty units; or
(b) a body corporate, a fine not
exceeding 400 penalty units.
(2) An offence is not committed under this section
in relation to a power under Division 4 unless it
is established that the power
(a) was being exercised lawfully; and
(b) without limiting paragraph (a), was
(i) exercisable without consent; or
(ii) being exercised under the
authority of a warrant.
(3) The onus of proof of a matter set out in
subsection (2) lies on the prosecution in
proceedings for an offence under this section.
(4) An offence against subsection (1) is an offence
of strict liability.
57. Impersonating authorised officers
(1) A person commits an offence if the person
impersonates an authorised officer.
Penalty: Fine not exceeding 100 penalty units.
(2) An offence against subsection (1) is an offence
of strict liability.
108
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 4 Mass, Dimension and Load Restraint Requirements s. 58
PART 4 MASS, DIMENSION AND LOAD RESTRAINT
REQUIREMENTS
Division 1 Preliminary
58. Purpose and operation of this Part
(1) The principal purpose of this Part is to make
provision for compliance with, and enforcement
of, Australian road laws in circumstances where
a load is or may be a factor in a breach or
apprehended breach of a mass, dimension or
load restraint requirement.
(2) Except where expressly provided, nothing in this
Part limits the operation of other Parts of this
Act, or any other road laws, in relation to a
breach or apprehended breach of a mass,
dimension or load restraint requirement.
Note A laden vehicle or combination could also be subject to
compliance and enforcement provisions of other road laws
because the vehicle or combination might contravene
legislative provisions regarding mass or dimension even when
the load is disregarded.
59. Definitions
For the purposes of this Part
"container weight declaration" means a
declaration referred to in Division 7 of
Part 4, and includes a copy of such a
declaration or a version of such a
declaration in electronic or other form;
109
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 60 Part 4 Mass, Dimension and Load Restraint Requirements
"minor risk breach" of a mass, dimension or
load restraint requirement see
section 61;
"reasonable steps defence" see sections 69
and 70;
"severe risk breach" of a mass, dimension or
load restraint requirement see
section 61;
"substantial risk breach" of a mass,
dimension or load restraint requirement
see section 61.
60. Determining whether a breach involves risk
For the purposes of this Part, in determining
whether or not a breach of a mass, dimension or
load restraint requirement involves an
appreciable risk of harm to public safety, the
environment, road infrastructure or public
amenity, regard is to be had to
(a) the nature and severity of the breach; and
(b) the consequences or likely consequences
of the breach; and
(c) any other relevant factors.
110
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 4 Mass, Dimension and Load Restraint Requirements s. 61
Division 2 Categorisation of breaches
61. Meaning of minor, substantial or severe risk
breaches
For the purposes of this Act, a breach of a mass,
dimension or load restraint requirement is a
(a) minor risk breach if the breach is
categorised as a minor risk breach under
the regulations; or
(b) substantial risk breach if the breach is
categorised as a substantial risk breach
under the regulations; or
(c) severe risk breach if the breach is
categorised as a severe risk breach under
the regulations.
Division 3 Enforcement powers
Note The enforcement powers provided by this Division vary
according to the risk category involved. The principal
features are as follows:
Minor risk breaches
The officer may authorise the driver to continue the journey
(conditionally or unconditionally), but in particular
circumstances the officer may direct the driver to rectify
breaches then and there or to move the vehicle or combination
to a suitable location (within a limited distance) and not
proceed until breaches are rectified.
Substantial risk breaches
The officer must direct the driver not to proceed until breaches
are rectified, but in particular circumstances (or acting under
particular instructions) the officer may direct the driver to
111
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 62 Part 4 Mass, Dimension and Load Restraint Requirements
move the vehicle or combination to the nearest suitable
location and not proceed until breaches are rectified.
Severe risk breaches
The officer must direct the driver not to proceed until breaches
are rectified, but in limited particular circumstances (or acting
under particular instructions) the officer may direct the driver
to move the vehicle or combination to the nearest safe location
and not proceed until breaches are rectified.
Directions may instead be given to the operator of the vehicle
or combination, who is required to ensure that the direction is
carried out.
62. Minor risk breaches
(1) This section applies to a vehicle or combination,
where an 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 the
subject of a substantial risk breach or a
severe risk breach.
(2) The officer may
(a) if the officer does not give a direction
under paragraph (b), authorise the driver
of the vehicle or combination to continue
its journey under section 65
(Authorisation to continue journey where
only minor risk breaches); or
112
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 4 Mass, Dimension and Load Restraint Requirements s. 62
(b) if the officer believes on reasonable
grounds that particular circumstances
exist warranting the giving of a direction
under this paragraph, direct the driver or
operator of the vehicle or combination
(i) to rectify specified breaches of
mass, dimension or load restraint
requirements then and there; or
(ii) if the officer also believes on
reasonable grounds that the
vehicle or combination should be
moved to another location, to
move it or cause it to be moved to
a specified suitable location that
is within the prescribed distance,
and not to proceed from there
until specified breaches of mass,
dimension or load restraint
requirements are rectified.
Note Section 65 enables the officer to permit the vehicle or
combination to continue its journey (conditionally or
unconditionally) if only minor risk breaches exist and no
direction to rectify the breaches has been given or remains in
force.
(3) Without limiting the above, particular
circumstances warranting the giving of a
direction exist where
(a) rectification is reasonable and can be
carried out easily; or
(b) rectification is necessary in the public
interest to avoid potential risk of harm to
113
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 62 Part 4 Mass, Dimension and Load Restraint Requirements
public safety, the environment, road
infrastructure or public amenity.
(4) A direction may be given under this section
unconditionally or subject to conditions imposed
by the officer.
(5) A person commits 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.
Penalty: In the case of
(a) an individual
(i) for a first offence, a
fine not exceeding 30
penalty units; or
(ii) for a subsequent
offence, a fine not less
than 12 penalty units
and not exceeding 60
penalty units; or
(b) a body corporate
(i) for a first offence, a
fine not exceeding 150
penalty units; or
(ii) for a subsequent
offence, a fine not less
than 12 penalty units
114
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 4 Mass, Dimension and Load Restraint Requirements s. 62
and not exceeding 300
penalty units.
(6) A person commits an offence if
(a) the person is subject to a direction under
subsection (2); and
(b) the direction is subject to a condition;
and
(c) the person engages in conduct that results
in a contravention of the condition.
Penalty: In the case of
(a) an individual
(i) for a first offence, a
fine not exceeding 30
penalty units; or
(ii) for a subsequent
offence, a fine not less
than 12 penalty units
and not exceeding 60
penalty units; or
(b) a body corporate
(i) for a first offence, a
fine not exceeding 150
penalty units; or
(ii) for a subsequent
offence, a fine not less
than 12 penalty units
115
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 63 Part 4 Mass, Dimension and Load Restraint Requirements
and not exceeding 300
penalty units.
(7) An offence against this section is an offence of
strict liability.
63. Substantial risk breaches
(1) This section applies to a vehicle or combination,
where an officer believes on reasonable grounds
that
(a) the vehicle or combination is the subject
of one or more substantial risk breaches;
and
(b) the vehicle or combination is not the
subject of a severe risk breach.
(2) 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
116
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 4 Mass, Dimension and Load Restraint Requirements s. 63
(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
suitable 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) Without limiting the above, particular
circumstances warranting the moving of a
vehicle or combination exist where moving the
vehicle or combination is necessary in the public
interest to avoid potential risk of harm to public
safety, the environment, road infrastructure or
public amenity.
(4) 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 or radio,
or in any other manner) authorising or requiring
the moving of the vehicle or combination in the
relevant circumstances.
(5) A direction may be given under this section
unconditionally or subject to conditions imposed
by the officer.
(6) A person commits an offence if
117
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 63 Part 4 Mass, Dimension and Load Restraint Requirements
(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.
Penalty: In the case of
(a) an individual
(i) for a first offence, a
fine not exceeding 30
penalty units; or
(ii) for a subsequent
offence, a fine not less
than 12 penalty units
and not exceeding 60
penalty units; or
(b) a body corporate
(i) for a first offence, a
fine not exceeding 150
penalty units; or
(ii) for a subsequent
offence, a fine not less
than 12 penalty units
and not exceeding 300
penalty units.
(7) A person commits an offence if
(a) the person is subject to a direction under
subsection (2); and
118
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 4 Mass, Dimension and Load Restraint Requirements s. 63
(b) the direction is subject to a condition;
and
(c) the person engages in conduct that results
in a contravention of the condition.
Penalty: In the case of
(a) an individual
(i) for a first offence, a
fine not exceeding 30
penalty units; or
(ii) for a subsequent
offence, a fine not less
than 12 penalty units
and not exceeding 60
penalty units; or
(b) a body corporate
(i) for a first offence, a
fine not exceeding 150
penalty units; or
(ii) for a subsequent
offence, a fine not less
than 12 penalty units
and not exceeding 300
penalty units.
(8) An offence against this section is an offence of
strict liability.
119
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 64 Part 4 Mass, Dimension and Load Restraint Requirements
64. Severe risk breaches
(1) This section applies to a vehicle or combination,
where an officer believes on reasonable grounds
that the vehicle or combination is the subject of
one or more severe risk breaches.
(2) 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.
120
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 4 Mass, Dimension and Load Restraint Requirements s. 64
(3) 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 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 or radio,
or in any other manner) authorising or requiring
the moving of the vehicle or combination in the
relevant circumstances.
(5) A direction may be given under this section
unconditionally or subject to conditions imposed
by the officer.
(6) A person commits 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.
Penalty: In the case of
(a) an individual
121
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 64 Part 4 Mass, Dimension and Load Restraint Requirements
(i) for a first offence, a
fine not exceeding 30
penalty units; or
(ii) for a subsequent
offence, a fine not less
than 12 penalty units
and not exceeding 60
penalty units; or
(b) a body corporate
(i) for a first offence, a
fine not exceeding 150
penalty units; or
(ii) for a subsequent
offence, a fine not less
than 12 penalty units
and not exceeding 300
penalty units.
(7) A person commits an offence if
(a) the person is subject to a direction under
subsection (2); and
(b) the direction is subject to a condition;
and
(c) the person engages in conduct that results
in a contravention of the condition.
Penalty: In the case of
(a) an individual
122
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 4 Mass, Dimension and Load Restraint Requirements s. 64
(i) for a first offence, a
fine not exceeding 30
penalty units; or
(ii) for a subsequent
offence, a fine not less
than 12 penalty units
and not exceeding 60
penalty units; or
(b) a body corporate
(i) for a first offence, a
fine not exceeding 150
penalty units; or
(ii) for a subsequent
offence, a fine not less
than 12 penalty units
and not exceeding 300
penalty units.
(8) An offence against this section is an offence of
strict liability.
(9) In this section
"risk of harm to public safety" does not
(subject to subsection (10)) include risk
of harm to the safety of the vehicle or
combination or any load in or on it;
"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
123
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 65 Part 4 Mass, Dimension and Load Restraint Requirements
environment, road infrastructure or
public amenity.
Note Subsection (10) ensures that the officer may take excluded
matters into account in particular circumstances.
(10) Nothing in the definition of "risk of harm to
public safety" in subsection (9), 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.
65. Authorisation to continue journey where only
minor risk breaches
(1) This section applies to a vehicle or combination,
where an 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
124
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 4 Mass, Dimension and Load Restraint Requirements s. 65
of the minor risk breach or any of the
minor risk breaches.
(2) The officer may authorise the driver of the
vehicle or combination to continue its journey.
(3) An authorisation may be granted under this
section unconditionally or subject to conditions
imposed by the officer.
(4) A person commits 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.
Penalty: In the case of
(a) an individual
(i) for a first offence, a
fine not exceeding 30
penalty units; or
(ii) for a subsequent
offence, a fine not less
than 12 penalty units
and not exceeding 60
penalty units; or
(b) a body corporate
125
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 66 Part 4 Mass, Dimension and Load Restraint Requirements
(i) for a first offence, a
fine not exceeding 150
penalty units; or
(ii) for a subsequent
offence, a fine not less
than 12 penalty units
and not exceeding 300
penalty units.
(5) An offence against subsection (4) is an offence
of strict liability.
66. Operation of directions in relation to combinations
(1) This section applies where a direction is given
under this Division in relation to a combination.
(2) Subject to subsection (3), nothing in this
Division prevents a component vehicle of the
combination from being separately driven or
moved if
(a) the component vehicle is not itself the
subject of a breach of a mass, dimension
or load restraint requirement; and
(b) it is not otherwise unlawful for the
component vehicle to be driven or
moved.
(3) Subsection (2) does not apply where a condition
of the direction prevents the component vehicle
from being separately driven or moved.
(4) In this section
126
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 4 Mass, Dimension and Load Restraint Requirements s. 67
"component vehicle" of a combination means
a towing vehicle or trailer of the
combination.
67. Directions and authorisations to be in writing
A direction or authorisation under this Division
is to be in writing, except
(a) in the case of a direction to move a
vehicle or combination, where the
moving is carried out in the presence of,
or under the supervision of, an officer; or
(b) in other circumstances prescribed by the
regulations.
68. Application of Division in relation to other
directions
This Division applies to a vehicle or
combination regardless of whether or not the
vehicle or combination is, has been or becomes
the subject of a direction under Part 3.
Division 4 Reasonable steps defence
69. Reasonable steps defence
(1) If a provision of this Part states that a person has
the benefit of the "reasonable steps defence" for
an offence, it is a defence to a charge for the
127
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 69 Part 4 Mass, Dimension and Load Restraint Requirements
offence concerned if the person charged
establishes that
(a) the person did not know, and could not
reasonably be expected to have known,
of the contravention concerned; and
(b) either
(i) the person had taken all
reasonable steps to prevent the
contravention; or
(ii) there were no steps that the
person could reasonably be
expected to have taken to prevent
the contravention.
(2) Without limiting the above, in determining
whether things done or omitted to be done by the
person charged constitute reasonable steps, a
court may have regard to
(a) the circumstances of the alleged offence,
including (where relevant) the risk
category to which the breach concerned
belongs; and
(b) without limiting paragraph (a), the
measures available and measures taken
for any or all of the following:
(i) to accurately and safely weigh or
measure the vehicle or
combination or its load or to
safely restrain the load in or on
the vehicle or combination;
128
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 4 Mass, Dimension and Load Restraint Requirements s. 69
(ii) to provide and obtain sufficient
and reliable evidence from which
the weight or measurement of the
vehicle or combination or its load
might be calculated;
(iii) to manage, reduce or eliminate a
potential breach arising from the
location of the vehicle or
combination, or from the location
of the load in or on the vehicle or
combination, or from the location
of goods in the load;
(iv) to manage, reduce or eliminate a
potential breach arising from
weather and climatic conditions,
or from potential weather and
climatic conditions, affecting or
potentially affecting the weight or
measurement of the load;
(v) to exercise supervision or control
over other persons involved in
activities leading to the breach;
and
(c) the measures available and measures
taken for any or all of the following:
(i) to include compliance assurance
conditions in relevant commercial
arrangements with other
responsible persons;
(ii) to provide information,
instruction, training and
129
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 69 Part 4 Mass, Dimension and Load Restraint Requirements
supervision to employees to
enable compliance with relevant
laws;
(iii) to maintain equipment and work
systems to enable compliance
with relevant laws;
(iv) to address and remedy similar
compliance problems that may
have occurred in the past; and
(d) whether the person charged had, either
personally or through an agent or
employee, custody or control of the
vehicle or combination, or of its load, or
of any of the goods included or to be
included in the load; and
(e) the personal expertise and experience
that the person charged had or ought to
have had or that an agent or employee of
the person charged had or ought to have
had.
(3) In this section
"risk category" means one of the following
categories of offences:
(a) minor risk breach;
(b) substantial risk breach;
(c) severe risk breach.
130
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 4 Mass, Dimension and Load Restraint Requirements s. 70
70. Reasonable steps defence reliance on container
weight declaration
(1) This section applies where the operator or driver
of a vehicle or combination is charged with an
offence involving a breach of a mass
requirement and is seeking to establish the
reasonable steps defence in relation to the
offence.
(2) To the extent that the weight of a freight
container together with its contents is relevant to
the offence, the person charged may rely on the
weight stated in the relevant container weight
declaration, unless it is established that the
person knew or ought reasonably to have known
that
(a) the stated weight was lower than the
actual weight; or
(b) the distributed weight of the container
and its contents, together with
(i) the mass or location of any other
load; or
(ii) the mass of the vehicle or
combination or any part of it
would cause one or more breaches of
mass requirements.
131
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 71 Part 4 Mass, Dimension and Load Restraint Requirements
Division 5 Liability for breaches of mass, dimension or
load restraint requirements
71. Liability of consignor
(1) A person commits an offence if
(a) a breach of a mass, dimension or load
restraint requirement occurs; and
(b) the person is the consignor of any goods
that are in or on the vehicle or
combination concerned.
Penalty: In the case of
(a) a minor risk breach of a mass
requirement, Level 1 penalty;
or
(b) a substantial risk breach of a
mass requirement, Level 2
penalty; or
(c) a severe risk breach of a mass
requirement, Level 3 penalty;
or
(d) a minor risk breach of a
dimension or load restraint
requirement, Level 4 penalty;
or
(e) a substantial risk breach of a
dimension or load restraint
requirement, Level 5 penalty;
or
132
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 4 Mass, Dimension and Load Restraint Requirements s. 71
(f) a severe risk breach of a
dimension or load restraint
requirement, Level 6 penalty.
(2) A person commits an offence if
(a) the weight of a freight container
containing goods consigned for road
transport exceeds the maximum gross
weight as marked on the container or on
the container's safety approval plate; and
(b) the person is the consignor of any of the
goods contained in the freight container.
Penalty: In the case of
(a) an individual
(i) for a first offence, a
fine not exceeding 50
penalty units; or
(ii) for a subsequent
offence, a fine not less
than 20 penalty units
and not exceeding 100
penalty units; or
(b) a body corporate
(i) for a first offence, a
fine not exceeding 250
penalty units; or
(ii) for a subsequent
offence, a fine not less
than 20 penalty units
133
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 72 Part 4 Mass, Dimension and Load Restraint Requirements
and not exceeding 500
penalty units.
(3) Subject to subsection (4), an offence against this
section is an offence of absolute liability.
(4) A person charged under this section has the
benefit of the reasonable steps defence for an
offence under this section.
72. Liability of packer
(1) A person commits an offence if
(a) a breach of a mass, dimension or load
restraint requirement occurs; and
(b) the person is the packer of any goods that
are in or on the vehicle or combination
concerned.
Penalty: In the case of
(a) a minor risk breach of a mass
requirement, Level 1 penalty;
or
(b) a substantial risk breach of a
mass requirement, Level 2
penalty; or
(c) a severe risk breach of a mass
requirement, Level 3 penalty;
or
134
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 4 Mass, Dimension and Load Restraint Requirements s. 72
(d) a minor risk breach of a
dimension or load restraint
requirement, Level 4 penalty;
or
(e) a substantial risk breach of a
dimension or load restraint
requirement, Level 5 penalty;
or
(f) a severe risk breach of a
dimension or load restraint
requirement, Level 6 penalty.
(2) A person commits an offence if
(a) the weight of a freight container
containing goods consigned for road
transport exceeds the maximum gross
weight as marked on the container or on
the container's safety approval plate; and
(b) the person is the packer of any of the
goods contained in the freight container.
Penalty: In the case of
(a) an individual
(i) for a first offence, a
fine not exceeding 50
penalty units; or
(ii) for a subsequent
offence, a fine not less
than 20 penalty units
135
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 73 Part 4 Mass, Dimension and Load Restraint Requirements
and not exceeding 100
penalty units; or
(b) a body corporate
(i) for a first offence, a
fine not exceeding 250
penalty units; or
(ii) for a subsequent
offence, a fine not less
than 20 penalty units
and not exceeding 500
penalty units.
(3) Subject to subsection (4), an offence against this
section is an offence of absolute liability.
(4) A person charged under this section has the
benefit of the reasonable steps defence for an
offence under this section.
73. Liability of loader
(1) A person commits an offence if
(a) a breach of a mass, dimension or load
restraint requirement occurs; and
(b) the person is the loader of any goods that
are in or on the vehicle or combination
concerned.
Penalty: In the case of
136
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 4 Mass, Dimension and Load Restraint Requirements s. 74
(a) a minor risk breach of a mass
requirement, Level 1 penalty;
or
(b) a substantial risk breach of a
mass requirement, Level 2
penalty; or
(c) a severe risk breach of a mass
requirement, Level 3 penalty;
or
(d) a minor risk breach of a
dimension or load restraint
requirement, Level 4 penalty;
or
(e) a substantial risk breach of a
dimension or load restraint
requirement, Level 5 penalty;
or
(f) a severe risk breach of a
dimension or load restraint
requirement, Level 6 penalty.
(2) Subject to subsection (3), an offence against this
section is an offence of absolute liability.
(3) The person charged has the benefit of the
reasonable steps defence for an offence under
this section.
74. Liability of operator
(1) A person commits an offence if
137
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 74 Part 4 Mass, Dimension and Load Restraint Requirements
(a) a breach of a mass, dimension or load
restraint requirement occurs; and
(b) the person is the operator of the vehicle
or combination concerned.
Penalty: In the case of
(a) a minor risk breach of a mass
requirement, Level 1 penalty;
or
(b) a substantial risk breach of a
mass requirement, Level 2
penalty; or
(c) a severe risk breach of a mass
requirement, Level 3 penalty;
or
(d) a minor risk breach of a
dimension or load restraint
requirement, Level 4 penalty;
or
(e) a substantial risk breach of a
dimension or load restraint
requirement, Level 5 penalty;
or
(f) a severe risk breach of a
dimension or load restraint
requirement, Level 6 penalty.
(2) Subject to subsections (3) and (4), an offence
against this section is an offence of absolute
liability.
138
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 4 Mass, Dimension and Load Restraint Requirements s. 75
(3) If the breach concerned is a minor risk breach,
the person charged has the benefit of the
reasonable steps defence for an offence under
this section.
(4) If the breach concerned is a substantial risk
breach or a severe risk breach, the person
charged has the benefit of the reasonable steps
defence for an offence under this section, but
only so far as it relates to reliance on the weight
stated in a container weight declaration.
75. Liability of driver
(1) A person commits an offence if
(a) a breach of a mass, dimension or load
restraint requirement occurs; and
(b) the person is the driver of the vehicle or
combination concerned.
Penalty: In the case of
(a) a minor risk breach of a mass
requirement, Level 1 penalty;
or
(b) a substantial risk breach of a
mass requirement, Level 2
penalty; or
(c) a severe risk breach of a mass
requirement, Level 3 penalty;
or
139
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 76 Part 4 Mass, Dimension and Load Restraint Requirements
(d) a minor risk breach of a
dimension or load restraint
requirement, Level 4 penalty;
or
(e) a substantial risk breach of a
dimension or load restraint
requirement, Level 5 penalty;
or
(f) a severe risk breach of a
dimension or load restraint
requirement, Level 6 penalty.
(2) Subject to subsections (3) and (4), an offence
against this section is an offence of absolute
liability.
(3) If the breach concerned is a minor risk breach,
the person charged has the benefit of the
reasonable steps defence for an offence under
this section.
(4) If the breach concerned is a substantial risk
breach or a severe risk breach, the person
charged has the benefit of the reasonable steps
defence for an offence under this section, but
only so far as it relates to reliance on the weight
stated in a container weight declaration.
76. Liability of consignee
(1) A person who is a consignee of goods consigned
for road transport commits an offence if
(a) the person engages in conduct; and
140
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 4 Mass, Dimension and Load Restraint Requirements s. 76
(b) that conduct results or is likely to result
in inducing or rewarding a breach of a
relevant mass, dimension or load
restraint requirement; and
(c) the person intends that result.
Penalty: In the case of
(a) an individual
(i) for a first offence, a
fine not exceeding 50
penalty units; or
(ii) for a subsequent
offence, a fine not less
than 20 penalty units
and not exceeding 100
penalty units; or
(b) a body corporate
(i) for a first offence, a
fine not exceeding 250
penalty units; or
(ii) for a subsequent
offence, a fine not less
than 20 penalty units
and not exceeding 500
penalty units.
Note Section 87 (Liability of consignee knowledge of matters
relating to container weight declaration) provides that a
consignee is taken to have intended the result referred to in
subsection (1) if the consignee knew or ought reasonably to
have known that a container weight declaration was not
provided as required or that a container weight declaration
141
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 76 Part 4 Mass, Dimension and Load Restraint Requirements
contained false or misleading information about the weight of
a freight container.
(2) A person who is a consignee of goods consigned
for road transport commits an offence if
(a) the person engages in conduct; and
(b) that conduct results or is likely to result
in inducing or rewarding a breach of a
relevant mass, dimension or load
restraint requirement; and
(c) the person is reckless as to the matter
referred to in paragraph (b).
Penalty: In the case of
(a) an individual
(i) for a first offence, a
fine not exceeding 50
penalty units; or
(ii) for a subsequent
offence, a fine not less
than 20 penalty units
and not exceeding 100
penalty units; or
(b) a body corporate
(i) for a first offence, a
fine not exceeding 250
penalty units; or
(ii) for a subsequent
offence, a fine not less
142
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 4 Mass, Dimension and Load Restraint Requirements s. 76
than 20 penalty units
and not exceeding 500
penalty units.
(3) A person who is a consignee of goods consigned
for road transport commits an offence if
(a) the person engages in conduct; and
(b) that conduct results or is likely to result
in inducing or rewarding a breach of a
relevant mass, dimension or load
restraint requirement; and
(c) the person is negligent as to the matter
referred to in paragraph (b).
Penalty: In the case of
(a) an individual
(i) for a first offence, a
fine not exceeding 50
penalty units; or
(ii) for a subsequent
offence, a fine not less
than 20 penalty units
and not exceeding 100
penalty units; or
(b) a body corporate
(i) for a first offence, a
fine not exceeding 250
penalty units; or
143
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 77 Part 4 Mass, Dimension and Load Restraint Requirements
(ii) for a subsequent
offence, a fine not less
than 20 penalty units
and not exceeding 500
penalty units.
77. Penalty levels
(1) For the purposes of this Division, a reference in
a penalty provision to a level is a reference to the
level of the penalty as described in this section.
(2) Level 1 means, in the case of
(a) an individual
(i) for a first offence, a fine not
exceeding 10 penalty units; or
(ii) for a subsequent offence, a fine
not less than 3 penalty units and
not exceeding 20 penalty units; or
(b) a body corporate
(i) for a first offence, a fine not
exceeding 50 penalty units; or
(ii) for a subsequent offence, a fine
not less than 4 penalty units and
not exceeding 100 penalty units.
(3) Level 2 means, in the case of
(a) an individual
144
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 4 Mass, Dimension and Load Restraint Requirements s. 77
(i) for a first offence, a fine not
exceeding 20 penalty units; or
(ii) for a subsequent offence, a fine
not less than 6 penalty units and
not exceeding 40 penalty units; or
(b) a body corporate
(i) for a first offence, a fine not
exceeding 100 penalty units; or
(ii) for a subsequent offence, a fine
not less than 6 penalty units and
not exceeding 200 penalty units.
(4) Level 3 means, in the case of
(a) an individual for a first offence, a fine
not exceeding 50 penalty units plus a
maximum of 5 penalty units for each
additional 1% over 120% overload; or
(b) an individual for a subsequent offence
(i) a fine not less than 20 penalty
units plus a maximum of 2
penalty units for each additional
1% over 120% overload; and
(ii) a fine not exceeding 100 penalty
units plus a maximum of 10
penalty units for each additional
1% over 120% overload; or
(c) a body corporate for a first offence, a fine
not exceeding 250 penalty units plus a
145
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 77 Part 4 Mass, Dimension and Load Restraint Requirements
maximum of 25 penalty units for each
additional 1% over 120% overload; or
(d) a body corporate for a subsequent
offence
(i) a fine not less than 20 penalty
units plus a maximum of 2
penalty units for each additional
1% over 120% overload; and
(ii) a fine not exceeding 500 penalty
units plus a maximum of 50
penalty units for each additional
1% over 120% overload.
(5) Level 4 means, in the case of
(a) an individual
(i) for a first offence, a fine not
exceeding 7.5 penalty units; or
(ii) for a subsequent offence, a fine of
not less than 2.5 penalty units and
not exceeding 15 penalty units; or
(b) a body corporate
(i) for a first offence, a fine not
exceeding 37.5 penalty units; or
(ii) for a subsequent offence, a fine of
not less than 2.5 penalty units and
not exceeding 75 penalty units.
(6) Level 5 means, in the case of
146
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 4 Mass, Dimension and Load Restraint Requirements s. 77
(a) an individual
(i) for a first offence, a fine not
exceeding 15 penalty units; or
(ii) for a subsequent offence, a fine
not less than 5 penalty units and
not exceeding 30 penalty units; or
(b) a body corporate
(i) for a first offence, a fine not
exceeding 75 penalty units; or
(ii) for a subsequent offence, a fine of
not less than 5 penalty units and
not exceeding 150 penalty units.
(7) Level 6 means, in the case of
(a) an individual
(i) for a first offence, a fine not
exceeding 50 penalty units; or
(ii) for a subsequent offence, a fine of
not less than 20 penalty units and
not exceeding 100 penalty units;
or
(b) a body corporate
(i) for a first offence, a fine not
exceeding 250 penalty units; or
(ii) for a subsequent offence, a fine of
not less than 20 penalty units and
not exceeding 500 penalty units.
147
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 78 Part 4 Mass, Dimension and Load Restraint Requirements
Division 6 Sanctions
78. Matters to be taken into consideration by courts
(1) The purpose of this section is to bring to the
attention of courts the general implications and
consequences of breaches of mass, dimension or
load restraint requirements when determining the
kinds and levels of sanctions to be imposed.
(2) In determining the sanctions (including the level
of fine) that are to be imposed in respect of
breaches of mass, dimension or load restraint
requirements, courts are to take into
consideration the following matters:
(a) minor risk breaches involve either or
both of the following:
(i) an appreciable risk of accelerated
road wear;
(ii) an appreciable risk of unfair
commercial advantage;
(b) substantial risk breaches involve one or
more of the following:
(i) a substantial risk of accelerated
road wear;
(ii) an appreciable risk of damage to
road infrastructure;
(iii) an appreciable risk of increased
traffic congestion;
148
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 4 Mass, Dimension and Load Restraint Requirements s. 78
(iv) an appreciable risk of diminished
public amenity;
(v) a substantial risk of unfair
commercial advantage;
(c) severe risk breaches involve one or more
of the following:
(i) an appreciable risk of harm to
public safety or the environment;
(ii) a serious risk of accelerated road
wear;
(iii) a serious risk of harm to road
infrastructure;
(iv) a serious risk of increased traffic
congestion;
(v) a serious risk of diminished
public amenity;
(vi) a serious risk of unfair
commercial advantage.
(3) Nothing in this section affects any other matters
that may or must be taken into consideration by
a court.
(4) Nothing in this section authorises or requires a
court to assign the breach to a different category
of breach.
(5) Nothing in this section requires evidence to be
adduced in relation to the matters that are to be
149
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 79 Part 4 Mass, Dimension and Load Restraint Requirements
taken into consideration by a court pursuant to
this section.
79. Default categorisation
(1) If a court is satisfied that there has been a breach
of a mass, dimension or load restraint
requirement but is not satisfied that the breach is
a substantial risk breach or a severe risk breach,
it may treat the breach as a minor risk breach.
(2) If a court is satisfied that there has been a breach
of a mass, dimension or load restraint
requirement and that the breach is at least a
substantial risk breach but is not satisfied that the
breach is a severe risk breach, it may treat the
breach as a substantial risk breach.
Division 7 Container weight declarations
80. Application of Division
This Division applies to a freight container that
is consigned for transport by road, either for the
whole of its journey or for part of its journey.
81. Definition
For the purposes of this Division
"responsible entity", in relation to a freight
container, means
150
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 4 Mass, Dimension and Load Restraint Requirements s. 82
(a) the person who consigned the
container for transport by road in
this jurisdiction if the person was
in Australia at the time of
consignment; or
(b) if there is no person as described
in paragraph (a), the person who
in Australia, on behalf of the
consignor, arranged for the
transport by road of the container
in this jurisdiction; or
(c) if there is no person as described
in paragraph (a) or (b), the person
who in Australia physically
offered the container for transport
by road in this jurisdiction.
82. Container weight declarations
(1) A container weight declaration for a freight
container is a declaration that states or purports
to state the weight of the freight container and its
contents.
(2) A container weight declaration
(a) may be comprised in one or more
documents or other formats, including in
electronic form; or
(b) may be as prescribed; or
(c) without limiting the above, may be
comprised wholly or partly in a placard
151
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 83 Part 4 Mass, Dimension and Load Restraint Requirements
attached or affixed to the freight
container.
83. Complying container weight declarations
(1) A container weight declaration for a freight
container complies with this Division (known as
a "complying container weight declaration") if it
contains the following additional information:
(a) the number and other particulars of the
freight container necessary to identify the
container;
(b) the name, home address or business
address in Australia of the responsible
entity;
(c) the date of the declaration;
(d) any other information required by the
regulations.
(2) However, a container weight declaration does
not comply with this Division if
(a) the contents of the container weight
declaration are not readily available to an
officer who seeks to ascertain its
contents, there and then in the presence
of the freight container (whether by
examining documents located in or on
the vehicle or combination or by
obtaining the information by radio or
mobile telephone or by any other means);
or
152
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 4 Mass, Dimension and Load Restraint Requirements s. 84
(b) it is not in a form that can be used or
adapted for evidentiary purposes; or
(c) it is not in a form that satisfies
requirements prescribed by the
regulations.
84. Duty of responsible entity
(1) This section applies where a responsible entity
offers a freight container to an operator for
transport in this jurisdiction by a vehicle or
combination.
(2) The responsible entity must ensure that the
operator or driver of the vehicle or combination
is provided, before the start of the transport of
the freight container in this jurisdiction, with a
complying container weight declaration relating
to the freight container.
(3) The responsible entity is guilty of an offence if
the responsible entity engages in conduct that
contravenes subsection (2).
Penalty: In the case of
(a) an individual, a fine not
exceeding 40 penalty units; or
(b) a body corporate, a fine not
exceeding 200 penalty units.
(4) Subject to subsection (5), an offence against this
section is an offence of absolute liability.
153
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 85 Part 4 Mass, Dimension and Load Restraint Requirements
(5) The person charged with an offence under this
section has the benefit of the reasonable steps
defence.
85. Duty of operator
(1) This section applies where an operator arranges
for a freight container to be transported in this
jurisdiction by a vehicle or combination.
(2) The operator must ensure that the driver of the
vehicle or combination is provided, before the
start of the driver's journey in the course of the
transport of the freight container in this
jurisdiction, with a complying container weight
declaration relating to the freight container.
(3) If the freight container is to be transported by
another road or rail carrier, the operator must
ensure that the other carrier is provided with a
complying container weight declaration relating
to the freight container (or with the prescribed
particulars contained in the declaration) by the
time the other carrier receives the freight
container.
(4) If the driver does not have a complying container
weight declaration (or the prescribed particulars
contained in the declaration), the operator is
taken to have contravened subsection (2) unless
the operator establishes that the driver was
provided with the declaration (or the prescribed
particulars).
154
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 4 Mass, Dimension and Load Restraint Requirements s. 86
(5) The operator is guilty of an offence if the
operator engages in conduct that contravenes
subsection (2) or (3).
Penalty: In the case of
(a) an individual, a fine not
exceeding 60 penalty units; or
(b) a body corporate, a fine not
exceeding 300 penalty units.
(6) Subject to subsection (7), an offence against this
section is an offence of absolute liability.
(7) The person charged with an offence under this
section has the benefit of the reasonable steps
defence.
(8) Any or all of subsections (2), (3) and (4) do not
apply in circumstances prescribed by the
regulations.
86. Duty of driver
(1) A person must not drive a vehicle or
combination loaded with a freight container on a
public street in this jurisdiction without first
having been provided with the relevant container
weight declaration.
(2) If a container weight declaration relating to a
freight container is provided to a driver of a
vehicle or combination with the container, the
driver must, during the course of a journey in
this jurisdiction, keep the declaration in or about
155
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 87 Part 4 Mass, Dimension and Load Restraint Requirements
the vehicle or combination or in a manner that
enables it to be readily accessed from the vehicle
or combination.
(3) The driver is guilty of an offence if the driver
engages in conduct that contravenes
subsection (1) or (2).
Penalty: Fine not exceeding 60 penalty units.
(4) Subject to subsection (5), an offence against this
section is an offence of absolute liability.
(5) The person charged with an offence under this
section has the benefit of the reasonable steps
defence.
87. Liability of consignee knowledge of matters
relating to container weight declaration
Without limiting section 76 (Liability of
consignee), a consignee of goods is taken to
have intended the result referred to in
section 76(1)(b) if
(a) the conduct concerned related to a freight
container; and
(b) the person knew or ought reasonably to
have known that
(i) a container weight declaration for
the container was not provided as
required by this Act; or
156
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 4 Mass, Dimension and Load Restraint Requirements s. 88
(ii) a container weight declaration
provided for the container
contained information about the
weight of the container and its
contents that was false or
misleading in a material
particular.
Note Section 76(1) provides that a person who is a consignee of
goods consigned for road transport is guilty of an offence if
the person engages in conduct that results or is likely to result
in inducing or rewarding a breach of a relevant mass,
dimension or load restraint requirement and the person intends
that result.
Division 8 Recovery of losses resulting from non-provision
of or inaccurate container weight declarations
88. Recovery of losses for non-provision of container
weight declaration
(1) This section applies where
(a) a container weight declaration has not
been provided as required; and
(b) a person suffered loss as a result of the
non-provision of the declaration.
(2) Any person (the "plaintiff") has a right to
recover under this Act, from the responsible
entity for a freight container, the monetary value
of any loss incurred by the plaintiff and
consequent on the non-provision of the container
weight declaration relating to that freight
container.
157
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 89 Part 4 Mass, Dimension and Load Restraint Requirements
(3) Losses that may be recovered include any or all
of the following:
(a) any loss incurred from delays in the
delivery of the freight container or any
goods contained in it or of other goods;
(b) any loss incurred from the spoiling of or
damage to the goods;
(c) any loss incurred from the need to
provide another vehicle or combination,
and any loss incurred from any delay in
the provision of another vehicle or
combination;
(d) any costs or expenses incurred in
weighing the freight container or any of
its contents or both.
(4) The plaintiff may enforce that right by bringing
proceedings in a court of competent jurisdiction
for an order for payment of the monetary value
of the loss.
89. Recovery of losses for provision of inaccurate
container weight declaration
(1) This section applies where
(a) a container weight declaration has been
provided as required; and
(b) the declaration contains information
about a freight container
158
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 4 Mass, Dimension and Load Restraint Requirements s. 89
(i) that is false or misleading in a
material particular by
understating the weight of the
container; or
(ii) that is otherwise false or
misleading in a material
particular by indicating that the
weight of the container is lower
than its actual weight; and
(c) a breach of a mass requirement occurred
as a result of the reliance, by an operator
or driver of a vehicle or combination, on
the information in the declaration when
transporting the container by road
(whether or not enforcement action has
been or may be taken in relation to the
breach); and
(d) the operator or driver of the vehicle or
combination
(i) had at the time a reasonable
belief that the vehicle or
combination concerned was not
in breach of a mass requirement;
and
(ii) did not know, and could not
reasonably have known, at the
time that the minimum weight
stated in the declaration was
lower than the actual weight of
the container; and
159
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 89 Part 4 Mass, Dimension and Load Restraint Requirements
(e) a person suffered loss as a result of the
provision of the declaration.
(2) Any person (the "plaintiff") has a right to
recover under this Act, from the responsible
entity for the freight container, the monetary
value of any loss incurred by the plaintiff and
consequent on the provision of the container
weight declaration.
(3) Losses that may be recovered include any or all
of the following:
(a) any fine, infringement penalty or other
penalty imposed on the plaintiff under an
Australian road law;
(b) any fine, infringement penalty or other
penalty imposed on an agent or employee
of the plaintiff under an Australian road
law and reimbursed by the plaintiff;
(c) any loss incurred from delays in the
delivery of the freight container or any
goods contained in it or of other goods;
(d) any loss incurred from the spoiling of or
damage to the goods;
(e) any loss incurred from the need to
provide another vehicle or combination,
and any loss incurred from any delay in
the provision of another vehicle or
combination;
160
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 4 Mass, Dimension and Load Restraint Requirements s. 90
(f) any costs or expenses incurred in
weighing the freight container or any of
its contents or both.
(4) The plaintiff may enforce that right by bringing
proceedings in a court of competent jurisdiction
for an order for payment of the monetary value
of the loss.
90. Recovery of amount by responsible entity
(1) This section applies where an order under
section 89 (Recovery of losses for provision of
inaccurate container weight declaration) has
been made or is being sought against a
responsible entity for payment of the monetary
value of any loss incurred by a person.
(2) The responsible entity has a right to recover
under this Act, from a person (the "information
provider") who provided the responsible entity
with all or any of the information that was false
or misleading, so much (the "attributable
amount") of the monetary value paid or payable
by the responsible entity under the order as is
attributable to that information.
(3) The responsible entity may enforce that right
by
(a) joining or seeking the joinder of the
information provider in the proceedings
for the order under section 89 and
applying to the court for an order for
payment of the attributable amount to be
161
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 91 Part 4 Mass, Dimension and Load Restraint Requirements
made when the order is made under that
section; or
(b) bringing separate proceedings in a court
of competent jurisdiction for an order for
payment of the attributable amount.
91. Assessment of monetary value or attributable
amount
(1) In making an order under this Division, a court
may assess
(a) the monetary value of any loss, as
referred to in
(i) section 88 (Recovery of losses for
non-provision of container weight
declaration); or
(ii) section 89 (Recovery of losses for
provision of inaccurate container
weight declaration); or
(b) the attributable amount, as referred to in
section 90 (Recovery of amount by
responsible entity)
in such manner as the court considers
appropriate.
(2) In making such an assessment, the court may
take into account such matters as it considers
relevant, including any evidence adduced in
connection with any prosecution brought for a
breach referred to in section 89.
162
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 4 Mass, Dimension and Load Restraint Requirements s. 92
92. Costs
(1) A court may award costs in relation to the
proceedings for an order under this Division.
(2) A court may, in proceedings for an order under
this Division, order payment of any costs or
expenses incurred in weighing a freight
container or any of its contents, or both, where
(a) the minimum weight stated in the
container weight declaration concerned
was lower than the actual weight; or
(b) a container weight declaration was not
provided.
(3) An order under subsection (2) may be made in
favour of a party to the proceedings, an
Australian Authority or a public authority of this
or any other jurisdiction.
Division 9 Transport documentation
93. False or misleading transport documentation:
liability of consignor, packer, loader, receiver and
others
(1) This section applies where
(a) goods are consigned for transport by
road, or for transport partly by road and
partly by some other means; and
(b) all or any part of the transport by road
occurs or is to occur in this jurisdiction.
163
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 93 Part 4 Mass, Dimension and Load Restraint Requirements
(2) A person is guilty of an offence if
(a) the transport documentation relating to
the consignment is false or misleading in
a material particular relating to the mass,
dimension or load restraint of any or all
of the goods consigned; and
(b) the person is the consignor of the goods.
Penalty: In the case of
(a) an individual
(i) for a first offence, a
fine not exceeding 50
penalty units; or
(ii) for a subsequent
offence, a fine not less
than 20 penalty units
and not exceeding 100
penalty units; or
(b) a body corporate
(i) for a first offence, a
fine not exceeding 250
penalty units; or
(ii) for a subsequent
offence, a fine not less
than 20 penalty units
and not exceeding 500
penalty units.
(3) A person is guilty of an offence if
164
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 4 Mass, Dimension and Load Restraint Requirements s. 93
(a) the goods are packed in Australia in a
freight container or other container or in
a package or on a pallet for transport by
road; and
(b) the transport documentation relating to
the consignment is false or misleading in
a material particular relating to the mass,
dimension or load restraint of any or all
of the goods consigned; and
(c) the person is the packer of the goods.
Penalty: In the case of
(a) an individual
(i) for a first offence, a
fine not exceeding 50
penalty units; or
(ii) for a subsequent
offence, a fine not less
than 20 penalty units
and not exceeding 100
penalty units; or
(b) a body corporate
(i) for a first offence, a
fine not exceeding 250
penalty units; or
(ii) for a subsequent
offence, a fine not less
than 20 penalty units
165
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 93 Part 4 Mass, Dimension and Load Restraint Requirements
and not exceeding 500
penalty units.
(4) A person is guilty of an offence if
(a) the goods are loaded on a vehicle or
combination for transport by road; and
(b) the transport documentation relating to
the consignment is false or misleading in
a material particular relating to the mass,
dimension or load restraint of any or all
of the goods consigned; and
(c) the person is the loader of the goods.
Penalty: In the case of
(a) an individual
(i) for a first offence, a
fine not exceeding 50
penalty units; or
(ii) for a subsequent
offence, a fine not less
than 20 penalty units
and not exceeding 100
penalty units; or
(b) a body corporate
(i) for a first offence, a
fine not exceeding 250
penalty units; or
(ii) for a subsequent
offence, a fine not less
166
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 4 Mass, Dimension and Load Restraint Requirements s. 93
than 20 penalty units
and not exceeding 500
penalty units.
(5) A person is guilty of an offence if
(a) the goods are packed outside Australia in
a freight container or other container or
in a package or on a pallet for transport
by road; and
(b) the transport documentation relating to
the consignment is false or misleading in
a material particular relating to the mass,
dimension or load restraint of any or all
of the goods consigned; and
(c) the person is the receiver of the goods in
Australia.
Penalty: In the case of
(a) an individual
(i) for a first offence, a
fine not exceeding 50
penalty units; or
(ii) for a subsequent
offence, a fine not less
than 20 penalty units
and not exceeding 1000
penalty units; or
(b) a body corporate
167
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 93 Part 4 Mass, Dimension and Load Restraint Requirements
(i) for a first offence, a
fine not exceeding 250
penalty units; or
(ii) for a subsequent
offence, a fine not less
than 20 penalty units
and not exceeding 500
penalty units.
(6) A person is guilty of an offence if
(a) a container weight declaration provided
to an operator of a vehicle or
combination contains information that is
false or misleading in a material
particular; and
(b) the person is the responsible entity who
offered the freight container concerned to
the operator for transport.
Penalty: In the case of
(a) an individual
(i) for a first offence, a
fine not exceeding 50
penalty units; or
(ii) for a subsequent
offence, a fine not less
than 20 penalty units
and not exceeding 100
penalty units; or
(b) a body corporate
168
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 4 Mass, Dimension and Load Restraint Requirements s. 93
(i) for a first offence, a
fine not exceeding 250
penalty units; or
(ii) for a subsequent
offence, a fine not less
than 20 penalty units
and not exceeding 500
penalty units.
(7) A person is guilty of an offence if
(a) a container weight declaration provided
to a driver of a vehicle or combination
contains information that is false or
misleading in a material particular; and
(b) the person is the operator of the vehicle
or combination who arranged for the
freight container concerned to be
transported in this jurisdiction.
Penalty: In the case of
(a) an individual
(i) for a first offence, a
fine not exceeding 50
penalty units; or
(ii) for a subsequent
offence, a fine not less
than 20 penalty units
and not exceeding 100
penalty units; or
(b) a body corporate
169
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 93 Part 4 Mass, Dimension and Load Restraint Requirements
(i) for a first offence, a
fine not exceeding 250
penalty units; or
(ii) for a subsequent
offence, a fine not less
than 20 penalty units
and not exceeding 500
penalty units.
(8) Information in a container weight declaration is
not false or misleading for the purposes of this
Act merely because it overstates the actual
weight of the freight container and its contents.
(9) Subject to subsection (10), an offence against
this section is an offence of absolute liability.
(10) A person charged with an offence under this
section has the benefit of the reasonable steps
defence.
Note Section 70 (Reasonable steps defence reliance on container
weight declaration) makes provision for reliance on a
container weight declaration where an operator or driver is
charged with an offence involving a breach of a mass
requirement and is seeking to rely on the reasonable steps
defence.
(11) In this section
"receiver" of goods in Australia means
(a) the person who first receives
them in Australia, otherwise than
the person who merely unloads
them; or
170
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 4 Mass, Dimension and Load Restraint Requirements s. 94
(b) the person who unpacks the
goods after they are first
unloaded in Australia
but does not include a class of persons
declared by the regulations to be
excluded from this definition.
Division 10 Concessions
94. Definitions
In this Division
"condition" of a mass, dimension or load
restraint concession means a term or
condition specified in or otherwise
applicable to the concession, being
(a) a term or condition that imposes a
different requirement in place of
a requirement contained in the
provision of a road law from
which the holder of the
concession is exempted; or
(b) any other term or condition
subject to which the concession
has effect;
"mass, dimension or load restraint
concession" means a permit,
authorisation, approval, exemption,
notice or anything else that is granted or
issued in writing under a road law and
that exempts a person from a provision of
171
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 95 Part 4 Mass, Dimension and Load Restraint Requirements
a road law in relation to a mass,
dimension or load restraint requirement.
95. Offence of contravening condition
A person is guilty of an offence if
(a) the person holds a mass, dimension or
load restraint concession; and
(b) the person engages in conduct that results
in the contravention of a condition of that
mass, dimension or load restraint
concession.
Penalty: In the case of
(a) an individual
(i) for a first offence, a
fine not exceeding 30
penalty units; or
(ii) for a subsequent
offence, a fine not less
than 12 penalty units
and not exceeding 60
penalty units; or
(b) a body corporate
(i) for a first offence, a
fine not exceeding 150
penalty units; or
172
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 4 Mass, Dimension and Load Restraint Requirements s. 96
(ii) for a subsequent
offence, a fine not less
than 12 penalty units
and not exceeding 300
penalty units.
96. Effect of contravening condition prosecutions or
other action
(1) If a person engages in conduct that contravenes a
condition of a mass, dimension or load restraint
concession
(a) the concession does not, while the
contravention continues, operate in the
person's favour; and
(b) accordingly, the concession is to be
disregarded in determining whether there
has been a breach of a mass, dimension
or load restraint requirement and in
determining the risk category to which
the breach belongs.
(2) Where, by virtue of subsection (1), a person is
guilty of an offence against the provision of a
road law from which the person was exempted
by the concession concerned, the person may be
proceeded against either for that offence or for
the offence under section 95 (Offence of
contravening condition) of engaging in conduct
that contravenes a condition of the concession.
173
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 97 Part 4 Mass, Dimension and Load Restraint Requirements
97. Operation of Division
This Division has effect subject to the provisions
of the road law under which the mass, dimension
or load restraint concession concerned was
granted or issued and to the terms of the
concession itself.
174
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 5 General Administrative Sanctions s. 98
PART 5 GENERAL ADMINISTRATIVE SANCTIONS
Note In addition to the sanctions under this Part, an infringement
notice may be issued for an offence under this Act if that
offence is a prescribed offence under Part IVB of the Traffic
Act 1925.
Division 1 Improvement notices
98. Definition
In this Division
"approved officer" means
(a) an authorised officer, or an
authorised officer of a class, for
the time being nominated by the
Authority as an approved officer
or class of approved officers for
the purposes of this Division; or
(b) a police officer, or a police
officer of a class, for the time
being nominated by the
Commissioner of Police (or by a
police officer authorised by the
Commissioner to make
nominations for the purposes of
this section) as an approved
officer or class of approved
officers for the purposes of this
Division.
175
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 99 Part 5 General Administrative Sanctions
99. Improvement notices
(1) This section applies where an approved officer is
of the opinion that any person has contravened,
is contravening or is likely to contravene any
provision of an Australian road law.
(2) The approved officer may serve on the person an
improvement notice requiring the person to
remedy the contravention or likely
contravention, or the matters or activities
occasioning the contravention or likely
contravention, within the period specified in the
notice.
(3) The period within which the person is required
by the improvement notice to comply with the
notice must be at least 7 days after service of the
notice.
(4) However, the approved officer may specify a
shorter period if satisfied that it is reasonably
practicable for the person to comply with the
notice by the end of the shorter period.
(5) The improvement notice must
(a) state that the approved officer is of the
opinion referred to in subsection (1); and
(b) state the reasons for that opinion; and
(c) specify the provisions of the Australian
road laws in respect of which that
opinion is held; and
176
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 5 General Administrative Sanctions s. 100
(d) include information about obtaining a
review of the notice; and
(e) state that it is issued under this section.
(6) The improvement notice may but need not
specify the method by which the alleged
contravention or likely contravention, or the
matters or activities occasioning the alleged
contravention or likely contravention, are to be
remedied.
100. Contravention of improvement notice
(1) A person commits an offence if
(a) the person is subject to an improvement
notice; and
(b) the person engages in conduct that results
in a contravention of a requirement of the
improvement notice.
Penalty: In the case of
(a) an individual, a fine not
exceeding 100 penalty units; or
(b) a body corporate, a fine not
exceeding 500 penalty units.
(2) It is a defence in proceedings for an offence
under subsection (1) if the defendant establishes
that he or she has a reasonable excuse.
177
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 101 Part 5 General Administrative Sanctions
(3) It is a defence in proceedings for an offence
under subsection (1) if the defendant establishes
that
(a) the alleged contravention or likely
contravention; or
(b) the matters or activities occasioning the
alleged contravention or likely
contravention
were remedied within the period specified in the
notice, though by a method different from that
specified in the improvement notice.
(4) Subject to subsections (2) and (3), an offence
against subsection (1) is an offence of strict
liability.
101. Amendment of improvement notices
(1) An improvement notice served by an approved
officer who is an authorised officer may be
amended by any approved officer who is an
authorised officer.
(2) An improvement notice served by an approved
officer who is a police officer may be amended
by any approved officer who is a police officer.
(3) An amendment of an improvement notice is
effected by service on the person affected of a
notice stating the terms of the amendment.
(4) An amendment of an improvement notice is
ineffective if it purports to deal with a
178
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 5 General Administrative Sanctions s. 102
contravention of a different provision of an
Australian road law from that dealt with in the
improvement notice as first served.
(5) A notice of an amendment of an improvement
notice must
(a) state the reasons for the amendment; and
(b) include information about obtaining a
review of the notice; and
(c) state that it is issued under this section.
102. Cancellation of improvement notices
(1) An improvement notice served by an approved
officer who is an authorised officer may be
cancelled by
(a) the Authority; or
(b) an approved officer who is an authorised
officer and who is senior in rank to the
approved officer who served the notice.
(2) An improvement notice served by an approved
officer who is a police officer may be cancelled
by
(a) the Commissioner of Police; or
(b) an approved officer who is a police
officer and who is senior in rank to the
approved officer who served the notice.
179
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 103 Part 5 General Administrative Sanctions
(3) Notice of cancellation of an improvement notice
is required to be served on the person affected.
(4) The regulations may make provision for or with
respect to identifying or determining the
seniority in rank of approved officers for the
purposes of this section.
103. Clearance certificates
(1) An approved officer may issue a clearance
certificate to the effect that all or any specified
requirements of an improvement notice have
been complied with.
(2) A requirement of an improvement notice ceases
to be operative on receipt, by the person on
whom the notice was served, of a clearance
certificate to the effect that
(a) all requirements of the notice have been
complied with; or
(b) that specific requirement has been
complied with.
Division 2 Formal warnings
104. Formal warnings
(1) An officer may, instead of taking proceedings
against a person for a contravention of a road
law, formally warn the person if the officer
believes
180
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 5 General Administrative Sanctions s. 105
(a) the person had taken reasonable steps to
prevent the contravention and was
unaware of the contravention; and
(b) the contravention is appropriate to be
dealt with by way of a formal warning
under this section.
(2) A formal warning must be in writing.
(3) A formal warning may not be given for a
substantial risk breach or a severe risk breach of
a mass, dimension or load restraint requirement.
(4) In this section
"proceedings" includes action by way of an
infringement notice.
105. Withdrawal of formal warnings
(1) A formal warning may be withdrawn by a
prescribed person or a person of a prescribed
class by serving on the alleged offender a written
notice of withdrawal within 21 days after the
formal warning was given.
(2) After the formal warning has been withdrawn,
proceedings may be taken against the person for
the contravention.
(3) In this section
"proceedings" includes action by way of an
infringement notice.
181
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 106 Part 6 General Court-Based Sanctions
PART 6 GENERAL COURT-BASED SANCTIONS
Division 1 Proceedings for offences
106. Proceedings for offences
Proceedings for an offence under this Act or the
regulations may be dealt with summarily.
107. Period within which proceedings for offences may
be commenced
(1) This section applies to road law offences, other
than
(a) offences prescribed by the regulations for
the purposes of this section; and
(b) offences in respect of which proceedings
may only be commenced within a period
of less than 2 years after their alleged
commission.
(2) Despite anything to the contrary in any other
Act, proceedings for a road law offence to which
this section applies may be commenced within
(a) the period of 2 years after the
commission of the alleged offence; or
(b) a further period of one year commencing
on the day on which the Authority, an
authorised officer or a police officer first
obtained evidence of the commission of
the alleged offence considered
182
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 6 General Court-Based Sanctions s. 108
reasonably sufficient by the Authority or
officer to warrant commencing
proceedings.
(3) For the purposes of subsection (2), a certificate
purporting to have been issued by the Authority,
an authorised officer or a police officer as to the
date when the Authority or an officer first
obtained evidence considered reasonably
sufficient by the Authority or officer to warrant
commencing proceedings is admissible in any
proceedings and is prima facie evidence of the
matters stated.
Division 2 Available sanctions
108. Penalties imposed by courts
(1) Without affecting a court's discretion, the court
is required to take into consideration, when
imposing more than one of the penalties, the
combined effect of the penalties imposed.
(2) Nothing in this Part affects any discretions or
powers that a court or other person or body has
apart from this Part.
(3) If one or more courts make orders under this Part
that result in both a supervisory intervention
order and a prohibition order being in force at
the same time in relation to the same person, the
supervisory intervention order has no effect
while the prohibition order has effect.
183
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 109 Part 6 General Court-Based Sanctions
Division 3 Fines
109. Provisions relating to first offences and subsequent
offences
(1) This section has effect for the purpose of
determining whether an offence is a first offence
or a subsequent offence.
(2) A person is found guilty of a subsequent offence
if and only if the occasion in respect of which
the subsequent offence occurred was different
from the occasion in respect of which the first
offence for which the person was found guilty
occurred.
(3) It is immaterial in which order the offences were
committed.
(4) In the case of offences relating to mass,
dimension or load restraint requirements, it is
immaterial whether the breaches concerned are
of the same risk category or of different risk
categories.
(5) If the court is satisfied that a person is guilty of
an offence but is unable to ascertain (from the
information available to the court) whether or
not the offence is a first offence for which the
person was found guilty, the court may only
impose a penalty for the offence as if it were a
first offence.
(6) In determining whether a person has been found
guilty of an offence previously under a provision
of a road law, regard is to be had to a finding of
184
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 6 General Court-Based Sanctions s. 110
guilt for offences committed under
corresponding provisions of the road laws of
other jurisdictions.
(7) The regulations may make provision for or with
respect to determining what are or are not to be
treated as corresponding provisions of the road
laws of other jurisdictions.
Division 4 Commercial benefits penalty orders
110. Commercial benefits penalty orders
(1) The court that finds a person guilty of a road law
offence may, on the application of the prosecutor
or the Authority, make an order under this
section.
(2) The court may make a commercial benefits
penalty order requiring the person to pay, as a
fine, an amount not exceeding 3 times the
amount estimated by the court to be the gross
commercial benefit that
(a) was received or receivable, by the person
or by an associate of the person, from the
commission of the offence; and
(b) in the case of a journey that was
interrupted or not commenced because of
action taken by an officer in connection
with the commission of the offence,
would have been received or receivable,
by the person or by an associate of the
185
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 110 Part 6 General Court-Based Sanctions
person, from the commission of the
offence had the journey been completed.
(3) In estimating the gross commercial benefit that
was or would have been received or receivable
from the commission of the offence, the court
may take into account
(a) benefits of any kind, whether monetary
or otherwise; and
(b) any other matters that it considers
relevant, including (for example)
(i) the value of any goods involved
in the offence; and
(ii) the distance over which any such
goods were or were to be carried.
(4) However, in estimating the gross commercial
benefit that was or would have been received or
receivable from the commission of the offence,
the court is required to disregard any costs,
expenses or liabilities incurred by the person or
by an associate of the person.
(5) Nothing in this section prevents the court from
ordering payment of an amount that is
(a) less than 3 times the estimated gross
commercial benefit; or
(b) less than the estimated gross commercial
benefit.
186
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 6 General Court-Based Sanctions s. 111
Division 5 Registration sanctions
111. Power to affect vehicle registration
(1) This section applies to
(a) a road law offence that was committed in
relation to a vehicle or combination,
other than a road law offence that
involved a breach of a mass, dimension
or load restraint requirement; or
(b) a road law offence that was committed in
relation to a vehicle or combination and
that involved a severe risk breach of a
mass, dimension or load restraint
requirement.
(2) The court that finds a person guilty of a road law
offence to which this section applies may make
an order that the registration of a vehicle in
relation to which the offence was committed and
of which the person is a registered operator is
(a) cancelled; or
(b) suspended for a specified period.
(3) If the court makes an order under subsection (2)
cancelling or suspending the registration of a
vehicle of which the person found guilty is a
registered operator, it may also make an order
that the person, or an associate of the person, is
disqualified from registering the vehicle for a
specified period.
187
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 112 Part 6 General Court-Based Sanctions
(4) If the court considers that another person who is
not present in court may be substantially affected
by an order under this section, the court may
issue a summons to that other person to show
cause why the order should not be made.
(5) An order under this section operates and takes
effect immediately or from a later specified date.
Division 6 Supervisory intervention orders
112. Supervisory intervention orders
(1) The court that finds a person guilty of a road law
offence may, on the application of the prosecutor
or the Authority, if the court considers the
person to be a systematic or persistent offender
against the Australian road laws, make an order
under this section.
(2) The court may make a supervisory intervention
order requiring the person (at the person's own
expense and for a specified period not exceeding
one year) to do any or all of the following:
(a) to do specified things that the court
considers will improve the person's
compliance with road laws or specified
aspects of road laws, including (for
example) the following:
(i) appointing or removing staff to or
from particular activities or
positions;
(ii) training and supervising staff;
188
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 6 General Court-Based Sanctions s. 112
(iii) obtaining expert advice as to
maintaining appropriate
compliance;
(iv) installing monitoring,
compliance, managerial or
operational equipment (including,
for example, intelligent transport
system equipment);
(v) implementing monitoring,
compliance, managerial or
operational practices, systems or
procedures;
(b) to conduct specified monitoring,
compliance, managerial or operational
practices, systems or procedures subject
to the direction of the Authority or a
person nominated by the Authority;
(c) to furnish compliance reports to the
Authority or the court or both as
specified in the order;
(d) to appoint a person to have
responsibilities
(i) to assist the person in improving
compliance with road laws or
specified aspects of road laws;
and
(ii) to monitor the person's
performance in complying with
road laws or specified aspects of
189
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 112 Part 6 General Court-Based Sanctions
road laws and in complying with
the requirements of the order; and
(iii) to furnish compliance reports to
the Authority or the court, or
both, as specified in the order.
(3) The court may specify matters that are to be
dealt with in compliance reports and the form,
manner and frequency in which compliance
reports are to be prepared and furnished.
(4) The court may require that compliance reports or
aspects of compliance reports be made public,
and may specify the form, manner and frequency
in which they are to be made public.
(5) The court may only make a supervisory
intervention order if it is satisfied that the order
is capable of improving the person's ability or
willingness to comply with the road laws, having
regard to
(a) the Australian road law offences of
which the person has been previously
found guilty; and
(b) the Australian road law offences for
which the person has been proceeded
against by way of unwithdrawn
infringement notices; and
(c) any other offences or other matters that
the court considers to be relevant to the
conduct of the person in connection with
road transport.
190
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 6 General Court-Based Sanctions s. 112
(6) The order may direct that any other penalty or
sanction imposed for the offence by the court is
suspended until the court determines that there
has been a substantial failure to comply with the
order.
(7) A court that has power to make supervisory
intervention orders may revoke or amend a
supervisory intervention order on the application
of
(a) the Authority; or
(b) the person in respect of whom the order
was made, but in that case only if the
court is satisfied that there has been a
change of circumstances warranting
revocation or amendment.
(8) In this section
"compliance report", in relation to a person
in respect of whom a supervisory
intervention order is made, means a
report relating to
(a) the performance of the person in
complying with
(i) the road laws or aspects
of the road laws specified
in the order; and
(ii) the requirements of the
order; and
(b) without limiting the above
191
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 113 Part 6 General Court-Based Sanctions
(i) things done by the person
to ensure that any failure
by the person to comply
with the road laws or the
specified aspects of the
road laws does not
continue; and
(ii) the results of those things
having been done.
113. Contravention of supervisory intervention order
A person commits an offence if
(a) the person is subject to a requirement of
a supervisory intervention order; and
(b) the person engages in conduct that results
in a contravention of the requirement.
Penalty: In the case of
(a) an individual, a fine not
exceeding 100 penalty units; or
(b) a body corporate, a fine not
exceeding 500 penalty units.
Division 7 Prohibition orders
114. Prohibition orders
(1) The court that finds a person guilty of a road law
offence may, on the application of the prosecutor
192
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 6 General Court-Based Sanctions s. 114
or the Authority, if the court considers the
person to be a systematic or persistent offender
against the Australian road laws, make an order
under this section.
(2) For the purpose of restricting opportunities for
the person to commit or be involved in the
commission of further Australian road law
offences, the court may make a prohibition order
prohibiting the person, for a specified period,
from having a specified role or responsibilities
associated with road transport.
(3) The court cannot make a prohibition order that
prohibits the person from driving or registering a
vehicle.
(4) The court may only make an order under this
section if it is satisfied that the person should not
continue the things that are the subject of the
proposed order and that a supervisory
intervention order is not appropriate, having
regard to
(a) the Australian road law offences of
which the person has been previously
found guilty; and
(b) the Australian road law offences for
which the person has been proceeded
against by way of unwithdrawn
infringement notices; and
(c) any other offences or other matters that
the court considers to be relevant to the
conduct of the person in connection with
road transport.
193
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 115 Part 6 General Court-Based Sanctions
(5) A court that has power to make prohibition
orders may revoke or amend a prohibition order
on the application of
(a) the Authority; or
(b) the person in respect of whom the order
was made, but in that case only if the
court is satisfied that there has been a
change of circumstances warranting
revocation or amendment.
115. Contravention of prohibition order
A person commits an offence if
(a) the person is subject to a prohibition
contained in a prohibition order; and
(b) the person engages in conduct that results
in a contravention of the prohibition.
Penalty: In the case of
(a) an individual, a fine not
exceeding 100 penalty units; or
(b) a body corporate, a fine not
exceeding 500 penalty units.
194
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 7 General Compensation Orders s. 116
PART 7 GENERAL COMPENSATION ORDERS
116. Compensation orders for damage to road
infrastructure
(1) The court that finds a person guilty of a road law
offence may make an order under this Part.
(2) The court may make a compensation order
requiring the offender to pay a road authority
such amount by way of compensation as the
court thinks fit for damage to any road
infrastructure that the road authority has incurred
or is likely to incur in consequence of the
offence.
(3) A compensation order may be made on the
application of the prosecutor, the road authority
or the Authority.
(4) A compensation order may only be made in
favour of the road authority.
(5) The court may make a compensation order
where it is satisfied on the balance of
probabilities that the commission of the offence
caused or contributed to the damage.
(6) The court may make a compensation order when
it finds the offender guilty of the offence or at
any time afterwards, but not later than the period
within which a prosecution for the offence could
have been commenced.
195
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 117 Part 7 General Compensation Orders
117. Assessment of compensation
(1) In making a compensation order, the court may
assess the amount of compensation in such
manner as it considers appropriate, including
(for example) the estimated cost of remedying
the damage.
(2) In assessing the amount of compensation, the
court may take into account such matters as it
considers relevant, including
(a) any evidence adduced in connection with
the prosecution of the offence; and
(b) any evidence not adduced in connection
with the prosecution of the offence but
adduced in connection with the making
of the proposed order; and
(c) any certificate of the road authority
stating that the road authority maintains
the public street concerned; and
(d) any other certificate of the road authority,
such as a certificate
(i) estimating the monetary value of
all or any part of the road
infrastructure or of the damage to
it; or
(ii) estimating the cost of remedying
the damage; or
196
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 7 General Compensation Orders s. 118
(iii) estimating the extent of the
offender's contribution to the
damage.
118. Service of certificates
(1) If a road authority proposes to use a certificate
referred to in section 117 in proceedings, the
road authority must serve a copy of the
certificate on the defendant at least 28 working
days before the day on which the matter is set
down for hearing.
(2) Such a certificate cannot be used in the
proceedings unless a copy of the certificate has
been served in accordance with this section.
(3) A defendant who wishes to challenge a
statement in such a certificate must serve a
notice of intention in writing on the road
authority at least 14 working days before the day
on which the matter is set down for hearing.
(4) The notice of intention must specify the matters
in the certificate that are intended to be
challenged.
(5) If the defendant is intending to challenge the
accuracy of any measurement, analysis or
reading in the certificate, the defendant must
specify the reason why the defendant alleges that
it is inaccurate and must specify the
measurement, analysis or reading that the
defendant considers to be correct.
197
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 119 Part 7 General Compensation Orders
(6) The defendant cannot challenge any matter in
the certificate if the requirements of this section
have not been complied with in relation to the
certificate, unless the court gives leave to do so
in the interests of justice.
119. Limits on amount of compensation
(1) If, in making a compensation order, the court is
satisfied that the commission of the offence
concerned contributed to the damage but that
other factors not connected with the commission
of the offence also contributed to the damage,
the court must limit the amount of the
compensation payable by the offender to the
amount it assesses as being the offender's
contribution to the damage.
(2) The maximum amount of compensation cannot
exceed the monetary jurisdictional limit of the
court in civil proceedings.
(3) The court may not include in the order any
amount for
(a) personal injury or death; or
(b) loss of income (whether sustained by a
road authority or any other person or
organisation); or
(c) damage to any property (including a
vehicle) that is not part of the road
infrastructure.
198
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 7 General Compensation Orders s. 120
120. Costs
The court has the same power to award costs in
relation to the proceedings for a compensation
order as it has in relation to civil proceedings,
and the relevant provisions of laws applying to
costs in relation to civil proceedings apply with
any necessary adaptations to costs in relation to
the proceedings for the compensation order.
121. Enforcement of compensation order and costs
A compensation order, and any award of costs,
are enforceable as if they were a judgment of the
court in civil proceedings.
122. Relationship with orders or awards of other courts
and tribunals
(1) A compensation order may not be made if
another court or tribunal has awarded
compensatory damages or compensation in civil
proceedings in respect of the damage based on
the same or similar facts, and, if a court purports
to make an order under this Part in those
circumstances
(a) the order is void to the extent that it
covers the same matters as those covered
by the other award; and
(b) any payments made under the order to
the extent to which it is void must be
repaid by the road authority.
199
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 122 Part 7 General Compensation Orders
(2) The making of a compensation order does not
prevent another court or tribunal from afterwards
awarding damages or compensation in civil
proceedings in respect of the damage based on
the same or similar facts, but the court or
tribunal must take the order into account when
awarding damages or compensation.
200
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 8 General Liability and Evidentiary Provisions s. 123
PART 8 GENERAL LIABILITY AND EVIDENTIARY
PROVISIONS
Division 1 Basis of liability for road law offences
123. Multiple offenders
(1) This section applies where a provision of a road
law provides (expressly or impliedly) that each
of 2 or more persons is liable for a road law
offence.
(2) Proceedings may be taken against all or any of
the persons.
(3) Proceedings may be taken against any of the
persons
(a) regardless of whether or not proceedings
have been commenced against any of the
other persons; and
(b) if proceedings have been commenced
against any of the other persons,
regardless of whether or not the
proceedings have been concluded; and
(c) if proceedings have been concluded
against any of the other persons,
regardless of the outcome of the
proceedings.
(4) This section has effect subject to section 124
(Double jeopardy) and to any express provisions
of a road law.
201
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 124 Part 8 General Liability and Evidentiary Provisions
124. Double jeopardy
(1) A person may be punished only once in relation
to the same failure to comply with a particular
road law of this jurisdiction, even if the person is
liable in more than one capacity.
(2) Despite subsection (1), a person may be
punished for more than one breach of a
requirement where the breaches relate to
different parts of the same vehicle or
combination.
125. Liability of directors, partners, employers and
others for offences by bodies corporate,
partnerships, associations and employees
(1) If a body corporate commits a road law offence,
each director of the body corporate, and each
person concerned in the management of the body
corporate, is taken to have committed the
offence and is punishable accordingly.
(2) If a person who is a partner in a partnership
commits a road law offence in the course of the
activities of the partnership, each other person
who is a partner in the partnership, and each
other person concerned in the management of
the partnership, is taken to have committed the
offence and is punishable accordingly.
(3) If a person who is concerned in the management
of an unincorporated association commits a road
law offence in the course of the activities of the
unincorporated association, each other person
202
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 8 General Liability and Evidentiary Provisions s. 125
concerned in the management of the
unincorporated association is taken to have
committed the offence and is punishable
accordingly.
(4) If an employee commits a road law offence, the
employer is taken to have committed the offence
and is punishable accordingly.
(5) This section does not affect the liability of the
person who actually committed the offence.
(6) A person may be proceeded against and found
guilty of an offence arising under this section
whether or not the body corporate or other
person who actually committed the offence has
been proceeded against or been found guilty of
the offence.
(7) It is a defence to a charge for an offence arising
under subsection (1) if the defendant establishes
that
(a) the defendant was not in a position to
influence the conduct of the body
corporate in relation to the actual
offence; or
(b) the defendant, being in such a position,
took reasonable precautions and
exercised due diligence to prevent the
commission of the actual offence.
(8) It is a defence to a charge for an offence arising
under subsection (2) or (3) if the defendant
establishes that
203
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 126 Part 8 General Liability and Evidentiary Provisions
(a) the defendant was not in a position to
influence the conduct of the person who
actually committed the offence; or
(b) the defendant, being in such a position,
took reasonable precautions and
exercised due diligence to prevent the
commission of the actual offence.
(9) It is a defence to a charge for an offence arising
under subsection (4) if the defendant establishes
that
(a) the defendant had no knowledge of the
actual offence; and
(b) the defendant had taken reasonable
precautions and exercised due diligence
to prevent the commission of the actual
offence.
126. Liability of registered operators
(1) This section applies to a road law offence, where
the offence is expressed to be committed by an
operator of a vehicle or combination (whether or
not any other person can also commit the
offence).
(2) If an offence to which this section applies is
committed
(a) with respect to a vehicle not forming part
of a combination at the relevant time, the
registered operator of the vehicle is taken
204
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 8 General Liability and Evidentiary Provisions s. 126
to have committed the offence and is
punishable accordingly; or
(b) with respect to a whole combination or
with respect to the towing vehicle of a
combination, the registered operator of
the towing vehicle of the combination is
taken to have committed the offence and
is punishable accordingly; or
(c) with respect to a trailer forming part of a
combination at the relevant time, the
registered operator of the towing vehicle
and the registered operator (if any) of the
trailer are each taken to have committed
the offence and are punishable
accordingly.
(3) The registered operator has the benefit of any
defences available to the operator.
(4) Subsection (2) does not apply if, during the
prescribed period and in the prescribed manner,
the registered operator gives the Authority a
statutory declaration containing prescribed
information, including the name and address of
the operator of the vehicle or combination at the
time of the offence.
(5) This section does not affect the liability of the
principal offender.
205
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 127 Part 8 General Liability and Evidentiary Provisions
127. Complicity and common purpose (aiding and
abetting)
(1) A person who aids, abets, counsels or procures
the commission of a road law offence by another
person is taken to have committed that offence
and is punishable accordingly.
(2) For the person to be guilty
(a) the person's conduct must have in fact
aided, abetted, counselled or procured the
commission of the offence by the other
person; and
(b) the offence must have been committed
by the other person.
(3) For the person to be guilty, the person must have
intended that
(a) his or her conduct would aid, abet,
counsel or procure the commission of
any offence of the type the other person
committed; or
(b) his or her conduct would aid, abet,
counsel or procure the commission of an
offence and have been reckless about the
commission of the offence that the other
person in fact committed.
(4) Subsection (3) has effect subject to subsection
(8).
(5) A person cannot be found guilty of aiding,
abetting, counselling or procuring the
206
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 8 General Liability and Evidentiary Provisions s. 127
commission of an offence if, before the offence
was committed, the person
(a) terminated his or her involvement; and
(b) took reasonable steps to prevent the
commission of the offence.
(6) This section does not affect the liability of the
principal offender.
(7) A person may be found guilty of aiding,
abetting, counseling or procuring the
commission of an offence even if the principal
offender has not been prosecuted or has not been
found guilty.
(8) Any special liability provisions that apply to an
offence apply also to the offence of aiding,
abetting, counselling or procuring the
commission of that offence.
(9) In this section
"special liability provision" means
(a) a provision that provides that
absolute liability applies to one or
more (but not all) of the elements
of an offence; or
(b) a provision that provides that, in a
prosecution for an offence, it is
not necessary to prove that the
defendant knew a particular
thing; or
207
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 128 Part 8 General Liability and Evidentiary Provisions
(c) a provision that provides that, in a
prosecution for an offence, it is
not necessary to prove that the
defendant knew or believed a
particular thing.
128. Causing or permitting
(1) A person who causes or permits another person
to commit a road law offence is taken to have
committed that offence and is punishable
accordingly.
(2) This section does not affect the liability of the
person who actually committed the offence.
(3) This section does not apply in relation to
directions given by officers under road laws.
129. Coercing, inducing or offering incentive
(1) A person who urges another person to commit a
road law offence is guilty of an offence.
Penalty: In the case of
(a) an individual, a fine not
exceeding 100 penalty units; or
(b) a body corporate, a fine not
exceeding 500 penalty units.
(2) Without limiting the above, a person urges
another person to commit a road law offence if
the person threatens, intimidates, coerces,
208
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 8 General Liability and Evidentiary Provisions s. 130
induces or offers an incentive to the other person
to commit the road law offence.
(3) This section does not affect the liability of the
person who actually committed the road law
offence.
Division 2 General defences
130. Sudden or extraordinary emergency
(1) It is a defence in proceedings for an offence
under a road law if the defendant carried out the
conduct constituting the offence in response to
circumstances of sudden or extraordinary
emergency.
(2) This section applies if and only if the person
carrying out the conduct reasonably believed
that
(a) circumstances of sudden or extraordinary
emergency existed; and
(b) committing the offence was the only
reasonable way to deal with the
emergency; and
(c) the conduct was a reasonable response to
the emergency.
131. Lawful authority
It is a defence in proceedings for an offence
under a road law if the defendant establishes that
209
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 132 Part 8 General Liability and Evidentiary Provisions
the conduct constituting the offence is authorised
or excused by or under a law.
132. Other defences
Nothing in this Act affects defences available
under other laws of this jurisdiction.
Division 3 Special defences
133. Meaning of "deficiency concerning a vehicle or
combination"
In this Division
"deficiency concerning a vehicle or
combination" means
(a) a deficiency in or of the vehicle
or combination or in or of any
equipment carried in or on the
vehicle or combination; or
(b) a deficiency constituted by the
absence of particular equipment
that is required to be carried in or
on the vehicle or combination.
134. Special defence for owners or operators
(1) It is a defence to a charge for a road law offence
alleged to have been committed by a person in
the capacity of an owner or operator of a vehicle
210
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 8 General Liability and Evidentiary Provisions s. 134
or combination if the defendant establishes that
the vehicle or combination was being used at the
relevant time by
(a) another person not entitled (whether by
express or implied authority or
otherwise) to use it, other than an
employee or agent of the alleged
offender; or
(b) an employee of the alleged offender who
was acting at the relevant time outside
the scope of the employment; or
(c) an agent (in any capacity) of the alleged
offender who was acting at the relevant
time outside the scope of the agency.
(2) If the offence relates to a breach of a road law in
connection with alleged deficiencies concerning
the vehicle or combination, the defence is not
available unless the alleged offender establishes
that
(a) the vehicle or combination had not,
before it ceased to be under the alleged
offender's control, been driven on a road
in Australia in breach of an Australian
road law arising in connection with all or
any of those alleged deficiencies; and
(b) one or more material changes, resulting
in the alleged breach, had been made
after the vehicle or combination had
ceased to be under the alleged offender's
control.
211
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 135 Part 8 General Liability and Evidentiary Provisions
135. Special defence for drivers
(1) This section applies to a road law offence
involving deficiencies concerning a vehicle or
combination if the offence is alleged to have
been committed by a person as the driver of the
vehicle or combination.
(2) It is a defence in proceedings for an offence
under subsection (1) if the defendant establishes
that he or she (whether as driver or otherwise)
(a) did not cause or contribute to the
deficiencies concerning the vehicle or
combination and had no responsibility
for or control over the maintenance of the
vehicle or combination or its equipment
at any relevant time; and
(b) did not know and could not reasonably
be expected to have known of the
deficiencies; and
(c) could not reasonably be expected to have
sought to ascertain whether there were or
were likely to be deficiencies concerning
the vehicle or combination.
136. Special defence of compliance with direction
It is a defence in proceedings for an offence
under a road law if the defendant establishes that
the conduct constituting the offence was done in
compliance with a direction given by
(a) an officer; or
212
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 8 General Liability and Evidentiary Provisions s. 137
(b) an Australian Authority or a delegate of
an Australian Authority.
Division 4 General evidentiary provisions
137. Vicarious responsibility
(1) If, in proceedings for a road law offence, it is
necessary to establish the state of mind of a body
corporate in relation to particular conduct, it is
sufficient to show
(a) that the conduct was engaged in by a
director, employee or agent of the body
corporate within the scope of his or her
actual or apparent authority; and
(b) that the director, employee or agent had
the relevant state of mind.
(2) For the purposes of a prosecution for a road law
offence, conduct engaged in on behalf of a body
corporate by a director, employee or agent of the
body corporate within the scope of his or her
actual or apparent authority is taken to have been
engaged in also by the body corporate, unless the
body corporate establishes that it took reasonable
precautions and exercised due diligence to avoid
such conduct.
(3) If, in proceedings for a road law offence, it is
necessary to establish the state of mind of a
person other than a body corporate ("the
employer") in relation to particular conduct, it is
sufficient to show
213
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 137 Part 8 General Liability and Evidentiary Provisions
(a) that the conduct was engaged in by an
employee or agent of the employer
within the scope of his or her actual or
apparent authority; and
(b) that the employee or agent had the
relevant state of mind.
(4) For the purposes of a prosecution for a road law
offence, conduct engaged in on behalf of a
person other than a body corporate ("the
employer") by an employee or agent of the
employer within the scope of his or her actual or
apparent authority is taken to have been engaged
in also by the employer, unless the employer
establishes that the employer took reasonable
precautions and exercised due diligence to avoid
such conduct.
(5) In this section
"director" of a body corporate includes a
constituent member of a body corporate
incorporated for a public purpose by a
law of any jurisdiction;
"state of mind" of a person includes
(a) the knowledge, intention,
opinion, belief or purpose of the
person; and
(b) the person's reasons for the
intention, opinion, belief or
purpose.
214
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 8 General Liability and Evidentiary Provisions s. 138
138. Averments
(1) In proceedings for a road law offence, a
statement or allegation in a complaint or charge
made by the person bringing the proceedings
that, at a specified time or during a specified
period
(a) a specified vehicle or combination was a
heavy vehicle or heavy combination; or
(b) a specified vehicle or combination was of
a particular class of heavy vehicle or
heavy combination; or
(c) a specified person was the registered
operator of a heavy vehicle; or
(d) a specified person was a member of or
participant in an approved road transport
compliance scheme; or
(e) a specified location was, or was part of, a
public street; or
(f) a specified location was subject to a
specified prohibition, restriction or other
requirement regarding the operation or
use of vehicles or specified classes of
vehicles (including, for example, a
temporary restriction on load limits
during wet weather)
is prima facie evidence of that matter.
(2) In a prosecution for a road law offence, a
statement or allegation in a complaint or charge
215
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 139 Part 8 General Liability and Evidentiary Provisions
made by the person bringing the proceedings
that the offence was committed in a specified
place, at a specified time, on a specified date or
during a specified period is prima facie evidence
of that matter.
139. Certificate evidence
(1) A statement in a certificate purporting to have
been issued by an Australian Authority, an
Australian authorised officer or an Australian
police officer that, at a specified time or during a
specified period
(a) a specified vehicle or combination was or
was not a heavy vehicle or heavy
combination; or
(b) a specified vehicle or combination was or
was not of a particular class of heavy
vehicle or heavy combination; or
(c) a specified person was or was not the
registered operator of a heavy vehicle; or
(d) a specified person was or was not a
member of or participant in an approved
road transport compliance scheme; or
(e) a specified location was or was not, or
was or was not part of, a public street; or
(f) a specified location was or was not
subject to a specified prohibition,
restriction or other requirement regarding
the operation or use of vehicles or
216
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 8 General Liability and Evidentiary Provisions s. 139
specified classes of vehicles (including,
for example, a temporary restriction on
load limits during wet weather); or
(g) a specified vehicle was or was not
registered under an Australian road law;
or
(h) a specified vehicle was or was not
insured to cover third-party personal
injury or death either generally or during
a specified period or in a specified
situation or specified circumstances; or
(i) any specified specifications, capabilities
or legal entitlements or other information
relating to a specified vehicle or
combination (or a specified component
of a specified vehicle or combination)
were or were not recorded in an
Australian Authority's records, or were
or were not displayed on the vehicle or
combination in accordance with an
Australian road law; or
(j) a specified person was or was not the
holder of an Australian driver licence
that was of a specified class, or that was
subject to specified conditions, and that
authorised the person to drive a vehicle
or combination or a vehicle or
combination of a specified class; or
(k) a specified person was or was not the
holder of an Australian driver licence
that authorised the person to drive a
217
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 139 Part 8 General Liability and Evidentiary Provisions
vehicle or combination of a specified
class either generally or at a specified
time or during a specified period or on a
specified route or in a specified area or
subject to specified conditions; or
(l) a specified person was or was not the
holder of a permit under an Australian
road law to drive or operate a specified
vehicle or combination or a vehicle or
combination of a specified class either
generally or subject to specified
conditions; or
(m) a specified penalty, fee or charge was or
was not, or is or is not, payable under an
Australian road law by a specified
person; or
(n) a specified infringement notice under an
Australian road law was served on a
specified person in a specified way on a
specified date; or
(o) a specified infringement notice under an
Australian road law was served in
relation to a specified vehicle or
combination; or
(p) a specified infringement notice under an
Australian road law has or has not been
withdrawn or amended; or
(q) a specified infringement notice under an
Australian road law has been amended in
a specified way on a specified date; or
218
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 8 General Liability and Evidentiary Provisions s. 139
(r) a specified person had or had not paid a
specified infringement penalty under an
Australian road law; or
(s) a specified person had or had not notified
the Australian Authority
(i) of any change of address or of a
specified change of address; or
(ii) that the person suffered from any
prescribed medical condition or
from any specified prescribed
medical condition; or
(t) a specified person, vehicle or
combination was or was not subject to a
specified registration, licence, permit,
authorisation, approval, exemption or
notice under an Australian road law; or
(u) a specified registration, licence, permit,
authorisation, approval, exemption or
notice was or was not varied, suspended,
cancelled or revoked under an Australian
road law; or
(v) a specified person, vehicle or
combination had or did not have
specified legal entitlements; or
(w) a specified document was or was not
lodged, or a specified fee was or was not
paid, by a specified person; or
219
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 139 Part 8 General Liability and Evidentiary Provisions
(x) a specified person was or was not an
authorised officer under an Australian
road law; or
(y) a specified identification card was an
identification card issued or designated
by the Australian Authority and was or
was not current; or
(z) a specified authorised officer was
authorised to exercise a specified power,
and
(i) was not restricted by an
Australian Authority in the
exercise of the power; or
(ii) was not restricted in a specified
way in the exercise of the power;
or
(za) a specified person was a nominated
police officer and thereby authorised to
exercise a specified power; or
(zb) a specified person was a police officer
authorised to nominate police officers to
exercise a specified power; or
(zc) a specified person or body was an
Australian Authority; or
(zd) a specified person was an approved
officer under Division 1 of Part 5; or
(ze) specified terms and conditions were the
terms and conditions on which a
220
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 8 General Liability and Evidentiary Provisions s. 139
specified person was an approved officer
under Division 1 of Part 5; or
(zf) a specified public street, or a specified
part of a specified public street, was a
declared route; or
(zg) a specified area was a declared zone; or
(zh) a specified vehicle or combination (or
specified component of a specified
vehicle or combination) was weighed by
or in the presence of a specified officer
on a specified weighbridge or weighing
facility or by the use of a specified
weighing device and that a specified
mass was the mass of the vehicle or
combination (or component)
is admissible in any proceedings and is prima
facie evidence of the matters stated.
(2) Without limiting subsection (1), a statement in a
certificate purporting to have been issued by an
Australian Authority, an Australian authorised
officer or an Australian police officer as to any
matter that appears in or can be calculated from
records kept or accessed by the Australian
Authority or officer is admissible in any
proceedings and is prima facie evidence of the
matters stated.
221
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 140 Part 8 General Liability and Evidentiary Provisions
140. Evidence regarding measurement
(1) In any proceedings in a court, a certificate
certifying a measurement in accordance with this
Act is admissible in evidence and, in the absence
of proof to the contrary, is proof of the accuracy
of that measurement.
(2) A certificate signed by a person authorised by
the Secretary of the Department that, at a
specified time on a specified date, a weighing
device or other measuring instrument
(a) was in proper working order; and
(b) was accurate; and
(c) had been tested in accordance with this
Act; and
(d) was marked with the number specified in
the certificate
is admissible in evidence of the matter so
certified and, in the absence of evidence to the
contrary, as proof of those matters.
(3) A certificate or copy of a certificate issued under
the regulations and signed by an officer who
inspected a vehicle or combination is evidence
of the matters contained in the certificate, in
particular
(a) the mass of a vehicle or combination
with or without its load; and
222
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 8 General Liability and Evidentiary Provisions s. 141
(b) the wheel load, single-axle load, axle-
group load, aggregate axle load or mass
on a tyre
and, in the absence of evidence to the contrary, is
proof of those matters.
(4) A certificate signed by an officer certifying that
a wheel, axle or tyre of a vehicle or combination
is of a specified type or class is evidence of that
matter and, in the absence of evidence to the
contrary, is proof of that matter.
141. Evidence regarding weighing
Evidence of a record made by
(a) the operator of a weighbridge or
weighing facility; or
(b) an employee of the operator of a
weighbridge or weighing facility
of the mass of a vehicle or combination (or
component of a vehicle or combination) weighed
at the weighbridge or facility is admissible in
any proceedings and is prima facie evidence of
the mass of the vehicle or combination (or
component) at the time it was weighed.
142. Evidence regarding manufacturer's ratings
(1) Evidence of a written statement purporting to be
made by the manufacturer of a vehicle or
223
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 142 Part 8 General Liability and Evidentiary Provisions
component of a vehicle regarding the mass
rating of the vehicle or component determined
by the manufacturer is admissible in any
proceedings and is prima facie evidence
(a) of the mass rating; and
(b) of any conditions to which the rating is
subject that are included in the statement;
and
(c) that the statement was made by the
manufacturer of the vehicle or
component.
(2) Evidence of a written statement purporting to be
made by the manufacturer of load restraint
equipment designed for use on a vehicle or
combination (or a component of a vehicle or
combination) regarding the strength or
performance rating of the equipment determined
by the manufacturer is admissible in any
proceedings and is prima facie evidence
(a) of the strength or performance rating;
and
(b) that the equipment was designed for that
use; and
(c) of any conditions to which the rating is
subject that are included in the statement;
and
(d) that the statement was made by the
manufacturer of the equipment.
224
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 8 General Liability and Evidentiary Provisions s. 143
143. Evidence not affected by nature of vehicle or
combination
Evidence obtained in relation to a vehicle or
combination in consequence of the exercise of
powers under this Act is not affected merely
because the vehicle or combination is not a
heavy vehicle or heavy combination.
144. Proof of appointments and signatures unnecessary
(1) For the purposes of this Act, it is not necessary
to prove the appointment of an office holder.
(2) For the purposes of this Act, a signature
purporting to be the signature of an office holder
is evidence of the signature it purports to be.
(3) In this section
"office holder" means
(a) the Commissioner for Transport;
or
(b) the Registrar of Motor Vehicles
appointed or employed under
section 5 of the Vehicle and
Traffic Act 1999; or
(c) the chief executive or equivalent
office of any other Australian
Authority; or
(d) the Commissioner of Police; or
225
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 145 Part 8 General Liability and Evidentiary Provisions
(e) the head of the police force or
police service of any other
jurisdiction; or
(f) an authorised officer; or
(g) any other Australian authorised
officer; or
(h) a police officer; or
(i) any other Australian police
officer.
145. Transport documentation and journey
documentation
(1) Transport documentation or journey
documentation is admissible in any proceedings
under or for the purposes of the road law and is
prima facie evidence of
(a) the identity and status of the parties to
the transaction to which it relates; and
(b) the destination or intended destination of
the load to which it relates.
(2) The reference in subsection (1) to the status of
parties includes a reference to their status as
responsible persons in relation to the transaction.
226
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 9 Miscellaneous s. 146
PART 9 MISCELLANEOUS
Division 1 Indemnities
146. Indemnity for authorised officers
(1) An authorised officer does not incur civil
liability for an act or omission done honestly and
in good faith in the course of exercising his or
her powers under the road law.
(2) A liability that would, apart from subsection (1),
attach to an authorised officer attaches instead
to
(a) the Authority, if the authorised officer
was at the relevant time subject to the
control and direction of the Authority in
connection with the exercise of the
power concerned; or
(b) another Australian Authority, if the
authorised officer was at the relevant
time subject to the control and direction
of the other Australian Authority in
connection with the exercise of the
power concerned; or
(c) the authorised officer's employer, if the
authorised officer was at the relevant
time
(i) not subject to the control and
direction of an Australian
Authority in connection with the
227
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 147 Part 9 Miscellaneous
exercise of the power concerned;
and
(ii) acting in the capacity of an
employee of a person or body; or
(d) in any other case, the Crown in right of
this jurisdiction.
(3) If
(a) a prescribed corresponding law of
another jurisdiction provides that a
liability that would, apart from a
provision of that law, attach to an
authorised officer of that jurisdiction
attaches instead to the Authority; and
(b) the authorised officer was at the relevant
time subject to the control and direction
of the Authority in connection with the
exercise of the power concerned
the liability accordingly attaches to the Authority
by force of this section.
Note Subsection (3) is intended to complement and give effect to a
provision of a corresponding law that transfers liability to the
Authority of this jurisdiction, but only where the
corresponding law is prescribed by the regulations.
147. Indemnity for persons authorised by authorised
officers
(1) A protected person does not incur civil liability
for an act or omission done honestly and in good
faith when acting under the authorisation.
228
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 9 Miscellaneous s. 147
(2) A liability that would, apart from subsection (1),
attach to the protected person attaches instead
to
(a) the Authority, if the authorised officer
concerned was at the relevant time
subject to the control and direction of the
Authority in connection with the exercise
of the power with respect to which the
authorisation was given to the protected
person; or
(b) another Australian Authority, if the
authorised officer concerned was at the
relevant time subject to the control and
direction of the other Australian
Authority in connection with the exercise
of the power with respect to which the
authorisation was given to the protected
person; or
(c) the authorised officer's employer, if the
authorised officer concerned was at the
relevant time
(i) not subject to the control and
direction of an Australian
Authority in connection with the
exercise of the power with
respect to which the authorisation
was given to the protected
person; and
(ii) acting in the capacity of an
employee of a person or body; or
229
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 147 Part 9 Miscellaneous
(d) in any other case, the Crown in right of
this jurisdiction.
(3) If
(a) a prescribed corresponding law of
another jurisdiction provides that a
liability that would, apart from a
provision of that law, attach to a person
who is a protected person within the
meaning of that law, attaches instead to
the Authority; and
(b) the authorised officer concerned of the
other jurisdiction was at the relevant time
subject to the control and direction of the
Authority in connection with the exercise
of the power concerned
the liability accordingly attaches to the Authority
by force of this section.
Note Subsection (3) is intended to complement and give effect to a
provision of a corresponding law that transfers liability to the
Authority of this jurisdiction, but only where the
corresponding law is prescribed by the regulations.
(4) In this section
"protected person" means a person who is
authorised under this Act by an
authorised officer to do or to omit to do
something.
230
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 9 Miscellaneous s. 148
148. Indemnity for persons authorised by police officers
(1) A protected person does not incur civil liability
for an act or omission done honestly and in good
faith when acting under the authorisation.
(2) A liability that would, apart from this section,
attach to the protected person attaches instead to
the Crown in right of this jurisdiction.
(3) In this section
"protected person" means a person who is
authorised under this Act by a police
officer to do or to omit to do something.
149. Indemnity not affected by certain matters
(1) An indemnity under this Division is not affected
merely because a vehicle or combination was in
fact not a heavy vehicle or heavy combination.
(2) An indemnity under this Division is not affected
merely because a vehicle or combination was in
fact not subject to a particular category of breach
of a mass, dimension or load restraint
requirement.
150. Other indemnities not affected
This Division does not affect any other
indemnity provided under another law, if the
other indemnity is not inconsistent with an
indemnity provided under this Division.
231
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 151 Part 9 Miscellaneous
Division 2 Mutual recognition
151. Effect of administrative actions of authorities of
other jurisdictions
(1) An administrative action of an administrative
authority under or in connection with a
corresponding road law has the same effect in
this jurisdiction as it has in the other jurisdiction.
(2) Nothing in this section gives an administrative
action effect in this jurisdiction or in a particular
place in this jurisdiction
(a) in so far as the action is incapable of
having effect in or in relation to this
jurisdiction or that place; or
(b) if any terms of the action expressly
provide that the action does not extend or
apply to or in relation to this jurisdiction
or that place; or
(c) if any terms of the action expressly
provide that the action has effect only in
the other jurisdiction or a specified place
in the other jurisdiction.
(3) This section applies only to administrative
actions of kinds prescribed by the regulations.
(4) In this section
"administrative action" means an action of
an administrative nature, as in force from
time to time;
232
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 9 Miscellaneous s. 152
"administrative authority" means
(a) a corresponding Authority; or
(b) a person holding an office
constituted by or under the law of
another jurisdiction and
prescribed by the regulations; or
(c) a body constituted by or under
the law of another jurisdiction
and prescribed by the regulations.
152. Effect of court orders of other jurisdictions
(1) An order of a court or tribunal of another
jurisdiction under or in connection with a
corresponding road law has the same effect in
this jurisdiction as it has in the other jurisdiction.
(2) Nothing in this section gives an order effect in
this jurisdiction or in a particular place in this
jurisdiction
(a) in so far as the order is incapable of
having effect in or in relation to this
jurisdiction or that place; or
(b) if any terms of the order expressly
provide that the order does not extend or
apply to or in relation to this jurisdiction
or that place; or
(c) if any terms of the order expressly
provide that the order has effect only in
233
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 153 Part 9 Miscellaneous
the other jurisdiction or a specified place
in the other jurisdiction.
(3) This section applies only to orders of kinds
prescribed by the regulations.
(4) In this section
"order" means an order in any judicial or
other proceedings, civil or criminal, as in
force from time to time.
Division 3 General
153. Other powers not affected
(1) Except where expressly provided in this Act,
nothing in this Act affects any power that a
court, a tribunal, the Authority or an officer has
apart from this Act.
(2) Without limiting the above, nothing in this Act
affects a power or obligation under another law
to modify, suspend, cancel or otherwise deal
with any licence or registration.
154. Declared zones and routes
(1) The Minister may, by notice in the Gazette,
declare
(a) a specified area to be a declared zone for
the purposes of this Act; or
234
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 9 Miscellaneous s. 155
(b) a specified public street, or a specified
part of a specified public street, to be a
declared route for the purposes of this
Act.
(2) A notice under subsection (1) is not a statutory
rule for the purposes of the Rules Publication
Act 1953.
155. Dismissal or other victimisation of employee or
contractor assisting with or reporting breaches
(1) An employer must not dismiss an employee or
contractor, injure in any way an employee or
contractor in his or her employment or alter an
employee's or contractor's position to his or her
detriment because the employee or contractor
(a) has assisted or has given any information
to a public agency in respect of a breach
or alleged breach of an Australian road
law; or
(b) has made a complaint about a breach or
alleged breach of an Australian road law
to the employer, a fellow employee or
fellow contractor, a trade union or a
public agency.
(2) An employer or prospective employer must not
refuse or deliberately omit to offer employment
to a prospective employee or prospective
contractor or treat a prospective employee or
prospective contractor less favourably than
another prospective employee or prospective
235
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 155 Part 9 Miscellaneous
contractor would be treated in relation to the
terms on which employment is offered because
the first-mentioned prospective employee or
contractor
(a) has assisted or has given any information
to a public agency in respect of a breach
or alleged breach of an Australian road
law; or
(b) has made a complaint about a breach or
alleged breach of an Australian road law
to a former employer, a former fellow
employee or former fellow contractor, a
trade union or a public agency.
(3) A person commits an offence if
(a) the person engages in conduct that results
in a contravention of subsection (1); and
(b) the person is an employer of the person
concerned.
Penalty: In the case of
(a) an individual, a fine not
exceeding 100 penalty units; or
(b) a body corporate, a fine not
exceeding 500 penalty units.
(4) A person commits an offence if
(a) the person engages in conduct that results
in a contravention of subsection (2); and
236
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 9 Miscellaneous s. 155
(b) the person is an employer or prospective
employer of the person concerned.
Penalty: In the case of
(a) an individual, a fine not
exceeding 100 penalty units; or
(b) a body corporate, a fine not
exceeding 500 penalty units.
(5) In proceedings for an offence under this section,
if all the facts constituting the offence other than
the reason for the defendant's action are proved,
the onus of proving that the defendant's action
was not actuated by the reason alleged in the
charge lies on the defendant.
(6) If a person is found guilty of an offence under
this section, the court may, in addition to
imposing a penalty on the offender, make either
or both of the following orders:
(a) an order that the offender pay within a
specified period to the employee or
contractor or to the prospective employee
or prospective contractor such damages
as it thinks fit by way of compensation;
(b) an order that
(i) the employee or contractor be
reinstated or re-employed in the
employee's or contractor's
former position or (if that
position is not available) in a
similar position; or
237
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 155 Part 9 Miscellaneous
(ii) the prospective employee or
prospective contractor be
employed in the position for
which the prospective employee
or prospective contractor had
applied or (if that position is not
available) in a similar position.
(7) The maximum amount of damages cannot
exceed the monetary jurisdictional limit of the
court in civil proceedings.
(8) An order for payment of damages is enforceable
as if it were a judgment of the court sitting in
civil proceedings.
(9) A person commits an offence if
(a) the person is subject to an order under
subsection (6)(b); and
(b) the person engages in conduct that results
in a contravention of that order.
Penalty: In the case of
(a) an individual, a fine not
exceeding 100 penalty units; or
(b) a body corporate, a fine not
exceeding 500 penalty units.
(10) An offence against subsection (9) is an offence
of strict liability.
(11) In this section
238
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 9 Miscellaneous s. 156
"contractor" means an individual who works
under a contract for services;
"public agency" means an Australian
Authority, an Australian authorised
officer, an Australian police officer or
any other public authority of any
jurisdiction.
156. Confidentiality
(1) This section applies to a person engaged or
previously engaged in the administration of this
Act and (without limiting the foregoing) to
(a) a person who is or was a delegate of the
Authority; or
(b) a person who is or was employed by, or
engaged to provide services to or on
behalf of, the Authority; or
(c) a person who is or was employed by, or
engaged to provide services to, a person
or body engaged to provide services to
the Authority.
(2) A person to whom this section applies must not
divulge or communicate information obtained
(whether by that person or otherwise) in the
administration of this Act except
(a) as required or authorised by or under this
or any other Act; or
239
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 156 Part 9 Miscellaneous
(b) with the consent of the person from
whom the information was obtained or to
whom the information relates; or
(c) in connection with the administration of
a road law; or
(d) to an Australian Authority, an Australian
authorised officer or an Australian police
officer; or
(e) to a prescribed public authority of any
jurisdiction; or
(f) to a public authority of any jurisdiction
for law enforcement purposes; or
(g) to a court or in connection with any legal
proceedings; or
(h) in accordance with guidelines approved
by the Minister.
(3) Information that has been disclosed under
subsection (2) for a particular purpose must not
be used for any other purpose by
(a) the person to whom the information was
disclosed; or
(b) any other person who gains access to the
information (whether properly or
improperly and whether directly or
indirectly) as a result of that disclosure.
(4) A person commits an offence if the person
engages in conduct that results in a
contravention of subsection (2) or (3).
240
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 9 Miscellaneous s. 157
Penalty: In the case of
(a) an individual, a fine not
exceeding 100 penalty units; or
(b) a body corporate, a fine not
exceeding 500 penalty units.
(5) An offence against subsection (4) is an offence
of strict liability.
(6) Nothing in this section prevents information
from being used
(a) to assist a person in deciding whether or
not to withdraw a formal warning for any
offence; or
(b) to enable the Authority to accumulate
aggregate data and to enable the
Authority to authorise use of the
aggregate data for the purposes of
research or education.
157. False or misleading statements or records provided
to Authority or officials
(1) A person commits an offence if
(a) the person makes a statement to the
Authority or to an official who is
exercising a power under a road law; and
(b) the person knows that the statement is
false or misleading in a material
particular.
241
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 157 Part 9 Miscellaneous
Penalty: In the case of
(a) an individual, a fine not
exceeding 100 penalty units; or
(b) a body corporate, a fine not
exceeding 500 penalty units.
(2) A person commits an offence if
(a) the person makes a statement to the
Authority or to an official who is
exercising a power under a road law; and
(b) the statement is false or misleading in a
material particular; and
(c) the person is reckless as to whether the
statement is false or misleading in a
material particular.
Penalty: In the case of
(a) an individual, a fine not
exceeding 100 penalty units; or
(b) a body corporate, a fine not
exceeding 500 penalty units.
(3) A person commits an offence if
(a) the person gives a record to the Authority
or to an official who is exercising a
power under a road law; and
(b) the person knows that the record is false
or misleading in a material particular.
242
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 9 Miscellaneous s. 157
Penalty: In the case of
(a) an individual, a fine not
exceeding 100 penalty units; or
(b) a body corporate, a fine not
exceeding 500 penalty units.
(4) Subsection (3) does not apply if, at the time the
person gave the record to the Authority or
official, the person informed the Authority or
official that the record was false or misleading in
a material particular and specified in what
respect it was false or misleading.
(5) A person is guilty of an offence if
(a) the person gives a record to the Authority
or to an official who is exercising a
power under a road law; and
(b) the record is false or misleading in a
material particular; and
(c) the person is reckless as to whether the
record is false or misleading in a material
particular.
Penalty: In the case of
(a) an individual, a fine not
exceeding 100 penalty units; or
(b) a body corporate, a fine not
exceeding 500 penalty units.
243
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 158 Part 9 Miscellaneous
(6) The penalty for an offence under this section
committed in relation to an official exercising a
power under a road law is
(a) if there is one offence under the
provision of the road law under which
the power is exercised, the penalty for
that offence; or
(b) if there is more than one offence under
that provision, the penalties for those
offences if the penalties are the same, or
the lower or lowest of the penalties if
they are different; or
(c) if there is no offence under that
provision, a penalty of 100 penalty units.
(7) In this section
"official" means an officer or a person who is
assisting an officer.
158. False or misleading information provided to
responsible persons
(1) A responsible person must not provide to
another responsible person information in oral or
written form that is false or misleading in a
material particular if
(a) the person providing the information
either knows that, or is reckless as to
whether, the information is false or
misleading in a material particular; and
244
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 9 Miscellaneous s. 159
(b) the material particular relates to an
Australian road law offence that is or
could be committed by any other
responsible person if that person were to
rely on the material particular; and
(c) the person receiving the information does
not know and could not reasonably be
expected to know or ascertain that the
information is false or misleading in that
particular.
Penalty: In the case of
(a) an individual, a fine not
exceeding 100 penalty units; or
(b) a body corporate, a fine not
exceeding 500 penalty units.
(2) Subsection (1) does not apply if, at the time the
person gave the information to another
responsible person in written form, the person
informed the other responsible person that the
information was false or misleading in a material
particular and specified in what respect it was
false or misleading.
159. Amendment or revocation of directions or
conditions
(1) An authorised officer may amend or revoke a
direction given, or conditions imposed, by an
authorised officer under this Act.
245
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 160 Part 9 Miscellaneous
(2) A police officer may amend or revoke a
direction given, or conditions imposed, by a
police officer or an authorised officer under this
Act.
160. Review of decisions
The regulations may provide a system for review
of decisions made under this Act and identified
in the regulations.
161. Contracting out prohibited
A term of any contract or agreement that
purports to exclude, limit or modify the
operation of this Act or of any provision of this
Act is void to the extent that it would otherwise
have that effect.
162. Authority may provide information to
corresponding Authorities
(1) The Authority may provide information to a
corresponding Authority about
(a) any action taken by the Authority under
any road law; or
(b) any information obtained under this Act,
including any information contained in
any records, devices or other things
inspected or seized under this Act.
246
Heavy Vehicle Road Transport Act 2008
Act No. of
Part 9 Miscellaneous s. 163
(2) This section has effect subject to the Personal
Information Protection Act 2004.
(3) This section neither affects nor is affected by
section 55 (Providing evidence to other
authorities).
163. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) Without limiting the generality of subsection (1),
the regulations may
(a) make provision for or with respect to the
provision of specified information to
specified public authorities about
specified action taken under this Act; and
(b) incorporate or adopt by reference, with or
without modifications, provisions of
other legislation and other documents.
(3) The regulations may be made so as to apply
differently according to such factors as are
specified in the regulations.
(4) The regulations may
(a) provide that a contravention of any of the
regulations is an offence; and
(b) in respect of such an offence, provide for
the imposition of a fine not exceeding
100 penalty units.
247
Heavy Vehicle Road Transport Act 2008
Act No. of
s. 164 Part 9 Miscellaneous
(5) The regulations may authorise any matter to be
from time to time determined, applied or
regulated by the Authority.
(6) The regulations may rescind or revoke other
regulations or other subordinate legislation.
(7) The regulations may contain provisions of a
savings or transitional nature consequent on the
enactment of this Act or complementary
legislation.
(8) Regulations made under subsection (7) may take
effect on the day on which this Act commences
or a later date as specified in the regulations,
whether the day so specified is before or after
the day on which the regulations are made.
164. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990
(a) the administration of this Act is assigned
to the Minister for Infrastructure; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of
Infrastructure, Energy and Resources.
248
Heavy Vehicle Road Transport Act 2008
Act No. of
sch. 1
SCHEDULE 1 PROVISIONS WITH RESPECT TO
WARRANTS
Section 44
1. Definitions
In this Schedule
"issuing magistrate", in relation to a warrant,
means the magistrate who issues the
warrant;
"occupier" includes a person in charge of
premises.
2. Application for warrant in standard situation
(1) An application to a magistrate for a warrant is to
be in writing.
(2) The magistrate may issue the warrant if satisfied
that there are reasonable grounds for doing so.
(3) However, the magistrate must not issue the
warrant unless
(a) the application for the warrant sets out
the grounds for seeking the warrant; and
(b) the applicant for the warrant has given
the magistrate, either orally or in writing,
any further information that the
magistrate requires concerning the
grounds for seeking the warrant; and
249
Heavy Vehicle Road Transport Act 2008
Act No. of
sch. 1
(c) the information given by the applicant
is
(i) made in person, verified before
the magistrate on oath or by
affidavit; or
(ii) made by the applicant over the
phone, verified by a statement to
the magistrate that the
information is true.
(4) The warrant is to be in such form as the issuing
magistrate determines, but it must at least
specify
(a) when the warrant is issued; and
(b) the premises it authorises to be entered;
and
(c) whether entry is authorised to be made at
any time or only during certain hours;
and
(d) a description of the kind of property
authorised to be seized under the
warrant; and
(e) any conditions that the warrant is subject
to; and
(f) when the warrant ceases to have effect.
250
Heavy Vehicle Road Transport Act 2008
Act No. of
sch. 1
3. Warrant may be applied for and issued by
telephone, &c., in urgent situation
(1) Despite clause 2, a police officer of or above the
rank of sergeant may apply to a magistrate for a
warrant by telephone or radio if the police
officer believes that the urgency of the situation
requires it.
(2) The magistrate may complete and sign the
warrant in the same way as for a warrant applied
for in person if satisfied that
(a) there are reasonable grounds for issuing
the warrant urgently; and
(b) it is not practicable in the circumstances
for the police officer to apply for the
warrant in person.
(3) The issuing magistrate is to
(a) inform the police officer of
(i) the terms of the warrant; and
(ii) the date on which, and the time at
which, the warrant was signed;
and
(iii) the date on which, and the time at
which, the warrant ceases to have
effect; and
(b) record on the warrant the reasons for
issuing it.
(4) The police officer is to
251
Heavy Vehicle Road Transport Act 2008
Act No. of
sch. 1
(a) complete a form of warrant in the same
terms as the warrant signed by the
issuing magistrate; and
(b) write on the form
(i) the name of the issuing
magistrate; and
(ii) the date on which, and the time at
which, the warrant was signed;
and
(c) send the completed form of warrant to
the issuing magistrate not later than the
day after the warrant is executed or
ceases to have effect.
(5) On receipt of the form of warrant, the issuing
magistrate is to attach it to the warrant that the
magistrate signed.
(6) The form of warrant completed by the police
officer has the same force as the warrant signed
by the issuing magistrate.
4. Record of proceedings before issuing magistrate
A magistrate who issues a warrant is to cause a
record to be made of all relevant particulars of
the grounds the magistrate has relied on to
justify the issue of the warrant.
252
Heavy Vehicle Road Transport Act 2008
Act No. of
sch. 1
5. Expiry of warrant
A warrant ceases to have effect
(a) on the date specified in the warrant as the
date on which it ceases to have effect; or
(b) if it is withdrawn before that date by the
issuing magistrate; or
(c) after it has been executed; or
(d) if the person to whom it is issued ceases
to be an officer
whichever occurs first.
6. Report to issuing magistrate following execution of
warrant, &c.
(1) An officer who is issued with a warrant must
furnish a report in writing to the issuing
magistrate
(a) stating whether or not the warrant has
been executed; and
(b) if the warrant has been executed, setting
out briefly the result of the execution of
the warrant, including a brief description
of anything seized; and
(c) if the warrant has not been executed,
setting out briefly the reasons why it has
not been executed.
253
Heavy Vehicle Road Transport Act 2008
Act No. of
sch. 1
(2) The report is to be furnished within 10 days after
the warrant has been executed or otherwise
ceases to have effect, whichever occurs first.
7. Death, absence, &c., of issuing magistrate
If the magistrate who issued a warrant has died,
has ceased to be a magistrate or is absent, a
report that is required to be furnished to that
magistrate
(a) must still be made; but
(b) may be furnished to any other magistrate.
8. Duty to show warrant
An officer who is executing a warrant must
produce it for inspection by an occupier of the
premises if requested to do so by that occupier.
9. Assistance and use of force in executing warrant
(1) An officer may execute a warrant using such
assistance as the officer considers necessary.
(2) Except as may be otherwise provided by the
terms of the warrant or this Act, an officer may
execute a warrant using such force as may
reasonably be required in the circumstances.
254
Heavy Vehicle Road Transport Act 2008
Act No. of
sch. 1
10. Defect in warrant
A warrant is not invalidated by any defect that
does not affect its substance in a material
particular.
Government Printer, Tasmania 255