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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Road Traffic (Vehicles) Bill 2007
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used in this Act 2
Part 2 -- Licensing of vehicles
4. Vehicle licences 13
5. Applications for grant, renewal, transfer and
variation of vehicle licences 14
6. Regulations for the grant, renewal and variation of
vehicle licences 16
7. Charges for vehicle licences 17
8. Licence obtained by means of a dishonoured
cheque of no effect 18
9. Cancellation, suspension of vehicle licence in
certain circumstances 18
10. Transfer of vehicle licences 19
11. Requirement to make declaration on applying for
grant or transfer of vehicle licence 21
12. Change of nominated owner 21
13. Permits, etc., for unlicensed vehicles 22
14. Register of vehicle licences 23
15. Registration labels 24
16. Effect of licence suspension order, disqualification 24
17. Classification of vehicle licences 25
18. Applicable charges in case of amendment 25
19. Minister may require vehicles to be inspected 26
251--1 page i
Road Traffic (Vehicles) Bill 2007
Contents
Part 3 -- Overseas motor vehicles
when temporarily in Australia
20. Meaning of "overseas vehicle" 27
21. Application of this Part 27
22. Free vehicle licences for certain overseas vehicles 27
23. Vehicle licence for overseas vehicle granted in
another jurisdiction has effect in this State 28
24. Free extension or renewal of vehicle licences for
certain overseas vehicles 29
25. Free licence or renewal ceases to have effect in
certain cases 30
26. Registration label to be granted with each licence
or renewal of licence 30
27. Number plates on overseas vehicles 31
28. Regulations 32
Part 4 -- Mass, dimension and
loading requirements
Division 1 -- Terms used in this Part
29. Meaning of "person connected" 33
Division 2 -- Mass, dimension and loading
offences and modification of mass or
dimension requirements
Subdivision 1 -- Mass, dimension and loading
offences and penalties
30. Mass, dimension and loading requirements to be
complied with 33
31. Reasonable steps defence for certain s. 30(1)
offences 36
32. Offences by consignees 37
Subdivision 2 -- Modification of mass or dimension
requirements for certain vehicles
33. Terms used in this Subdivision 38
34. Modification of mass or dimension requirements
for prescribed vehicles 38
35. Order or permit for modification 39
36. Application of modified mass or dimension
requirement 39
37. Offences in relation to orders or permits 40
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Road Traffic (Vehicles) Bill 2007
Contents
38. Regulations about modifying mass or dimension
requirements 41
Division 3 -- Access restrictions on certain
vehicles that comply with mass or
dimension requirements
39. Terms used in this Division 41
40. Restriction on access of complying restricted
access vehicles to certain roads 42
41. Access approvals 42
42. Order or permit for access approval 43
43. Application of access approvals 43
44. Regulations about giving access approvals 44
Division 4 -- Accreditation
45. Accreditation of persons in relation to certain
heavy vehicles 44
46. Regulations about accreditation 45
47. Effect of suspension or cancellation of
accreditation on modification or access approval 46
Part 5 -- Categories of breach of
mass, dimension or loading
requirements
Division 1 -- The categories of breach
48. Categories of breach 48
Division 2 -- Mass requirements: categories of
breach
49. Mass requirements: minor risk breaches 48
50. Mass requirements: substantial risk breaches 48
51. Mass requirements: severe risk breaches 49
Division 3 -- Dimension requirements:
categories of breach
52. Terms used in this Division 49
53. Dimension requirements: minor risk breaches 49
54. Dimension requirements: substantial risk breaches 50
55. Dimension requirements: severe risk breaches 50
56. Dangerous projections 51
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Road Traffic (Vehicles) Bill 2007
Contents
Division 4 -- Loading requirements: categories
of breach
57. Determining whether breach of a loading
requirement gives rise to certain risks 52
58. Meaning of "imminent", "load becoming displaced
or unsecured" 52
59. Loading requirements: minor risk breaches 53
60. Loading requirements: substantial risk breaches 53
61. Loading requirements: severe risk breaches 54
Part 6 -- Directions as to MDLR
breaches, defect notices and
improvement notices
Division 1 -- General
62. Application of Part in relation to other directions 55
Division 2 -- Rectification of breaches of mass,
dimension or loading requirements
63. Meaning of "rectification action" 55
64. Minor risk breaches 55
65. Substantial risk breaches 57
66. Severe risk breaches 58
67. Directions etc. to be complied with 59
68. Authorisation to continue journey if only minor
risk breaches 59
69. Operation of directions in relation to detachable
vehicles 60
70. Directions and authorisations to be in writing 60
Division 3 -- Defect notices
71. Terms used in this Division 61
72. Notices in relation to vehicle defects 61
73. Form and content of defect notices 62
74. Service of defect notices 62
75. Duration of defect notice 63
76. Defect notices and directions to be complied with 64
77. Powers of vehicle examiners 64
Division 4 -- Improvement notices
78. Terms used in this Division 65
79. Improvement notices 65
80. Form and content of improvement notices 66
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Road Traffic (Vehicles) Bill 2007
Contents
81. Improvement notice to be complied with 67
82. Amendment of improvement notices 67
83. Cancellation of improvement notices 68
84. Clearance certificates 68
Part 7 -- Container weight
declarations
Division 1 -- Obligations in relation to
container weight declarations
85. Terms used in this Division 70
86. Form of container weight declaration 71
87. Duty of responsible entity 71
88. Duty of responsible person 71
89. Duty of driver 72
Division 2 -- Recovery of losses resulting from
not providing accurate container weight
declarations
90. Recovery of losses if container weight declaration
not provided 73
91. Recovery of losses for provision of inaccurate
container weight declaration 74
92. Recovery of amount by responsible entity 75
93. Assessment of monetary value or attributable
amount 76
94. Costs 76
Part 8 -- Other MDLR offences
Division 1 -- False or misleading transport
documentation offences
95. Terms used in this Division 78
96. Consignors: transport documentation 78
97. Packers: transport documentation 78
98. Loaders: transport documentation 79
99. Receivers: transport documentation 79
100. Responsible entity: container weight declaration 80
101. Responsible person for vehicle: container weight
declaration 80
102. Container weight declaration: certain information
not necessarily false or misleading 80
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Road Traffic (Vehicles) Bill 2007
Contents
103. Reasonable steps defence 80
Division 2 -- Miscellaneous MDLR offences
104. Weight of freight container: consignors' duties 81
105. Weight of freight container: packers' duties 81
106. Dismissal or other victimisation of employee or
contractor assisting with or reporting breaches 81
107. Coercing, inducing or offering incentive 83
108. Certain false or misleading information not to be
provided to involved persons 84
Part 9 -- Liability for MDLR
offences committed by other
persons
109. Liability of the officers of bodies corporate 85
110. Liability of partners and persons managing
partnerships 86
111. Liability of persons managing unincorporated
associations 87
112. Liability of employers 87
113. Liability of offender not affected 88
Part 10 -- Defences
Division 1 -- Reasonable steps defences
114. Reasonable steps defence 89
Division 2 -- Other defences
115. Defence for responsible persons 91
116. Defence for drivers 91
Part 11 -- Court imposed sanctions
Division 1 -- Terms used in this Part
117. Meaning of "associate" 93
Division 2 -- General matters as to sentencing
for MDLR offences
118. Sentencing principles 94
119. Default categorisation 94
120. Matters to be considered by courts when
sentencing 94
121. Prohibition order has priority 95
122. Previous convictions of MDLR offences 96
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Road Traffic (Vehicles) Bill 2007
Contents
Division 3 -- Commercial benefits penalty
orders
123. Commercial benefits penalty orders 96
Division 4 -- Driver and vehicle licence
sanctions
124. Power to affect driver's licence 97
125. Power to affect vehicle licence 99
Division 5 -- Supervisory intervention orders
126. Supervisory intervention orders 100
127. Supervisory intervention order to be complied with 102
Division 6 -- Prohibition orders
128. Prohibition orders 103
129. Prohibition order to be complied with 104
Part 12 -- Miscellaneous
130. Substitution of vehicle in certain circumstances 105
131. Motor vehicle pools and insurance 105
Part 13 -- Regulations
132. Regulations 107
133. Exemptions from regulations about vehicle
standards etc. 109
134. Exemptions from regulations in emergencies 109
135. Regulations about exemptions 110
136. Schemes for optional number plates 110
137. Regulations may refer to published documents 111
138. Minister's declarations that specified regulations
do not apply to specified persons or vehicles 112
Part 14 -- Transitional provisions
Division 1 -- Transitional provisions arising
from certain amendments made to the
Road Traffic Act 1974 by the Road Traffic
(Consequential Provisions) Act 2007
139. Terms used in this Division 113
140. Application of the Interpretation Act 1984 113
141. Vehicle licences, applications 113
142. Transfer of vehicle licences 114
143. Change of nominated owner 114
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Road Traffic (Vehicles) Bill 2007
Contents
144. Permits, etc., for unlicensed vehicles 115
145. Register of vehicle licences, registration labels 115
146. Minister may require vehicles to be inspected 115
147. Overseas vehicles temporarily in Australia 116
148. Vehicle examiners and inspection stations 116
149. Transitional regulations 117
Defined Terms
page viii
Western Australia
LEGISLATIVE ASSEMBLY
Road Traffic (Vehicles) Bill 2007
A Bill for
An Act to provide for the licensing and standards of vehicles and for
mass, dimension and loading requirements for vehicles used for
transporting goods and passengers by road and for related matters.
The Parliament of Western Australia enacts as follows:
page 1
Road Traffic (Vehicles) Bill 2007
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Road Traffic (Vehicles) Act 2007.
2. Commencement
5 This Act comes into operation as follows:
(a) sections 1 and 2 -- on the day on which this Act
receives the Royal Assent;
(b) the rest of the Act, on the day fixed under the Road
Traffic (Administration) Act 2007 section 2(b).
10 3. Terms used in this Act
(1) In this Act, unless the contrary intention appears --
"base", in relation to the driver of a vehicle, means a place from
which the driver normally works and receives instructions
and for the purposes of this definition --
15 (a) if the 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; and
(b) if the driver has 2 or more employers, the driver may
20 have a different base in relation to each employer;
"consignee", in relation to goods, means --
(a) a person who, with the person's authority, is named
or otherwise identified as the intended consignee of
the goods in the transport documentation relating to
25 the transport of the goods by road; or
(b) a person who actually receives the goods after their
road transport is completed,
but does not include a person who merely unloads the
goods;
30 "consignor", in relation to goods, means --
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Road Traffic (Vehicles) Bill 2007
Preliminary Part 1
s. 3
(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
5 (b) if there is no person to whom paragraph (a)
applies --
(i) a person who engages a responsible person for
a vehicle, either directly or indirectly or
through an agent or other intermediary, to
10 transport the goods by road; or
(ii) a person who has possession of, or control
over, the goods immediately before the goods
are transported by road; or
(iii) a loader in relation to a vehicle that is to
15 transport the goods by road, who loads the
vehicle at a place where goods in bulk are
stored or temporarily held and the vehicle is
unattended during loading except by the
driver or co-driver of the vehicle, or any
20 person necessary for the normal operation of
the vehicle;
or
(c) if there is no person to whom paragraph (a) or (b)
applies and the goods are imported into Australia, the
25 person who imports the goods;
"dimension requirement" --
(a) means a prescribed requirement that relates to the
dimensions of --
(i) a vehicle; or
30 (ii) a vehicle's load; or
(iii) a vehicle and its load;
or
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Road Traffic (Vehicles) Bill 2007
Part 1 Preliminary
s. 3
(b) if, in a particular case, a requirement mentioned in
paragraph (a) is modified under Part 4 Division 2
Subdivision 2 means, in that case, the requirement as
modified;
5 "employee" means an individual who works under a contract of
employment, apprenticeship or training;
"employer" means a person who --
(a) employs a person under a contract of employment,
apprenticeship or training; or
10 (b) engages a person under a contract for services;
"equipment", in relation to a vehicle, includes tools, devices
and accessories in or on the vehicle;
"freight container" means a container of a prescribed class of
container;
15 "GCM" (which stands for "gross combination mass"), in
relation to a vehicle, means the greatest possible sum of the
maximum loaded masses 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; or
20 (b) as specified by the relevant authority if --
(i) the manufacturer has not specified the sum of
the maximum loaded mass; or
(ii) the manufacturer cannot be identified; or
(iii) the vehicle has been modified to the extent
25 that the manufacturer's specification is no
longer appropriate;
"goods" --
(a) includes --
(i) animals (whether alive or dead); and
30 (ii) a container (whether empty or not);
(b) does not include --
(i) people; or
page 4
Road Traffic (Vehicles) Bill 2007
Preliminary Part 1
s. 3
(ii)fuel, water, lubricant or equipment that is
being carried in or on a vehicle for the normal
operation of the vehicle;
"GVM" (which stands for "gross vehicle mass"), in relation to
5 a vehicle, means the maximum loaded mass of the
vehicle --
(a) as specified by the manufacturer; or
(b) as specified by the relevant authority if --
(i) the manufacturer has not specified a
10 maximum loaded mass; or
(ii) the manufacturer cannot be identified; or
(iii) the vehicle has been modified to the extent
that the manufacturer's specification is no
longer appropriate;
15 "heavy vehicle" means a vehicle with a GVM of more
than 4.5 t;
"involved person" means a person who is involved in the
transport of goods by road by means of a vehicle, and
includes --
20 (a) an owner of the vehicle; and
(b) the driver of the vehicle; and
(c) a co-driver of the vehicle; and
(d) a responsible person for the vehicle; and
(e) a person in charge or apparently in charge of the
25 vehicle; and
(f) a person in charge or apparently in charge of a base
of the driver of the vehicle; and
(g) a person who is --
(i) accredited under Part 4 Division 4 in relation
30 to the vehicle; or
page 5
Road Traffic (Vehicles) Bill 2007
Part 1 Preliminary
s. 3
(ii) responsible for performing a function of a
prescribed kind in relation to the vehicle by
way of complying with a requirement of
accreditation;
5 and
(h) a person in charge of premises entered by a police
officer under a road law in relation to the vehicle or
goods; and
(i) the consignor and the consignee of the goods; and
10 (j) a loader in relation to the vehicle; and
(k) a packer of the goods; and
(l) in the case where the goods were packed, or put on a
vessel, outside Australia a person who, in Australia,
receives the goods for road transport; and
15 (m) an owner or operator of a weighbridge, or weighing
facility, used to weigh the vehicle, or an occupier of
premises where such a weighbridge or weighing
facility is located; and
(n) a responsible entity for a freight container in which
20 the goods are contained; and
(o) a person who controls or directly influences the
loading or operation of the vehicle or goods for road
transport; and
(p) an agent, employer, employee or subcontractor of a
25 person mentioned in another paragraph of this
definition;
"journey documentation" means any documentation, except
transport documentation, that is directly or indirectly
associated with --
30 (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
page 6
Road Traffic (Vehicles) Bill 2007
Preliminary Part 1
s. 3
(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
5 other form, and whether or not the documentation relates to
a particular journey or to journeys generally, and
includes --
(c) records kept, used or obtained by an involved person
in connection with the transport of the goods; and
10 (d) workshop, maintenance and repair records relating to
a vehicle used or claimed to be used, for the transport
of the goods or passengers; and
(e) a subcontractor's payment advice relating to the
vehicle used or claimed to be used, goods, passengers
15 or the transport of the goods or passengers; and
(f) records kept, used or obtained by the driver or a
co-driver of the vehicle used for the transport of the
goods or passengers, including (for example) the
driver's run sheet, a log book entry, a fuel docket or
20 receipt, a food receipt, a tollway receipt, pay records
and mobile or other phone records; and
(g) driver manuals and instruction sheets; and
(h) advice in any form from check weighing performed
before, during or after a journey;
25 "light vehicle" means a vehicle with a GVM of 4.5 t or less;
"load", when used as a noun in relation to a vehicle, means --
(a) the vehicle's driver and co-drivers and their personal
items; and
(b) the goods and passengers in or on the vehicle; and
30 (c) the fuel, water, lubricant or equipment that is being
carried in or on the vehicle for the normal operation
of the vehicle; and
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Road Traffic (Vehicles) Bill 2007
Part 1 Preliminary
s. 3
(d) anything that is normally removed from the vehicle
when not in use;
"loader", in relation to a vehicle, means a person who --
(a) loads the vehicle with goods for road transport; or
5 (b) loads the vehicle with a freight container (whether or
not containing goods) for road transport; or
(c) loads a freight container that is already in or on the
vehicle with goods for road transport; or
(d) supervises an activity mentioned in paragraph (a), (b)
10 or (c); or
(e) manages or controls an activity mentioned in
paragraph (a), (b), (c) or (d);
"loading requirement" means a prescribed requirement that
relates to the placing or securing of a vehicle's load;
15 "mass, dimension or loading requirement" means a mass
requirement, a dimension requirement or a loading
requirement;
"mass or dimension requirement" means a mass requirement
or a dimension requirement;
20 "mass requirement" --
(a) means a prescribed requirement that relates to the
mass of --
(i) a vehicle; or
(ii) a vehicle's load; or
25 (iii) a vehicle and its load;
or
(b) if, in a particular case, a requirement mentioned in
paragraph (a) is modified under Part 4 Division 2
Subdivision 2 means, in that case, the requirement as
30 modified;
page 8
Road Traffic (Vehicles) Bill 2007
Preliminary Part 1
s. 3
"minor risk breach" --
(a) in relation to a mass requirement, has the meaning
given by section 49;
(b) in relation to a dimension requirement, has the
5 meaning given by section 53 or 56(1);
(c) in relation to a loading requirement, has the meaning
given by section 59;
"night" means the period between sunset on one day and
sunrise on the next day;
10 "number plate" means an identification tablet or number plate
bearing numerals, or letters, or numerals and letters;
"packaging", in relation to goods for road transport, means the
container (including a freight container) in which the goods
are received or held for road transport, and includes
15 anything that enables the container to receive or hold the
goods or to be closed;
"packer", in relation to goods, means a person who --
(a) puts the goods in packaging for road transport; or
(b) assembles the goods for road transport as packaged
20 goods in an outer packaging; or
(c) assembles the goods for road transport as a load of
packaged goods that are --
(i) wrapped then strapped or otherwise secured to
a pallet or other base and to each other, for
25 transport; or
(ii) placed together in a protective outer container,
except a freight container, for transport; or
(iii) secured together in a sling for transport;
or
30 (d) supervises an activity mentioned in paragraph (a), (b)
or (c); or
page 9
Road Traffic (Vehicles) Bill 2007
Part 1 Preliminary
s. 3
(e) manages or controls an activity mentioned in
paragraph (a), (b), (c) or (d);
"passenger", in relation to a vehicle, does not include the driver
or a co-driver of the vehicle;
5 "prohibition order" means an order made under section 128;
"reasonable steps defence" means the defence described in
section 114;
"relevant authority", in relation to a vehicle, means --
(a) if the vehicle has never been licensed or registered
10 but the vehicle is used or is intended to be used in this
State -- the CEO; or
(b) if the vehicle was last licensed in this State -- the
CEO; or
(c) if the vehicle was last licensed or registered in
15 another jurisdiction -- the corresponding authority in
that jurisdiction;
"responsible entity", in relation to a freight container, is --
(a) the consignor of the container for road transport in
this State if the consignor was in Australia at the time
20 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 of the container
by road in this State; or
25 (c) if there is no person as described in paragraph (a)
or (b) -- the person who in Australia offers the
container for road transport in this State;
"road transport" means the transport of goods or passengers
by road by means of a vehicle;
30 "severe risk breach" --
(a) in relation to a mass requirement, has the meaning
given by section 51;
page 10
Road Traffic (Vehicles) Bill 2007
Preliminary Part 1
s. 3
(b) in relation to a dimension requirement, has the
meaning given by section 55;
(c) in relation to a loading requirement, has the meaning
given by section 61;
5 "substantial risk breach" --
(a) in relation to a mass requirement, has the meaning
given by section 50;
(b) in relation to a dimension requirement, has the
meaning given by section 54 or 56(2);
10 (c) in relation to a loading requirement, has the meaning
given by section 60;
"supervisory intervention order" means an order made under
section 126;
"transport documentation" means --
15 (a) 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
20 passengers by any mode; or
(ii) goods or passengers themselves so far as the
documentation is relevant to their actual or
proposed transport;
or
25 (b) documentation associated with contractual
documentation mentioned in paragraph (a) and
that is --
(i) contemplated, mentioned or incorporated, in
the contractual documentation; or
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Road Traffic (Vehicles) Bill 2007
Part 1 Preliminary
s. 3
(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
5 other form, and includes 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 as
defined in section 85, relating to the goods or passengers.
10 (2) The Road Traffic (Administration) Act 2007 Part 1 Division 2
provides for the meanings of some terms and abbreviations in
this Act.
page 12
Road Traffic (Vehicles) Bill 2007
Licensing of vehicles Part 2
s. 4
Part 2 -- Licensing of vehicles
4. Vehicle licences
(1) A vehicle licence is required for a vehicle of a prescribed class.
(2) A responsible person for a vehicle and each person who uses the
5 vehicle on a road commits an offence if, at the time the vehicle
is used on the road --
(a) a vehicle licence is required for the vehicle; and
(b) a licence has not been granted in respect of the vehicle
or a licence has been granted in respect of the vehicle
10 but is not current.
Penalty: a fine of 10 PU, and in addition, the court is to order
the accused to pay a further penalty equal to the charges
payable under this Act for the grant of a vehicle licence for
the vehicle concerned for a period of 6 months.
15 (3) A person does not commit an offence under subsection (2)
arising out of the use of a vehicle within a period after the
expiry of the licence that is --
(a) prescribed by regulations made under section 6(2)(b) as
a period within which the licence may be renewed; and
20 (b) prescribed for the purposes of this subsection.
(4) A person does not commit an offence under subsection (2)
arising out of the use of a vehicle while it is used on a road --
(a) under and in accordance with a permit issued under
section 13(1); or
25 (b) with number plates mentioned in section 13(2) and in
accordance with each requirement applying to the use of
the number plates.
(5) A person does not commit an offence under subsection (2)
arising out of the use of a vehicle while its use on a road is
30 authorised under the law of another jurisdiction unless a
page 13
Road Traffic (Vehicles) Bill 2007
Part 2 Licensing of vehicles
s. 5
responsible person for the vehicle is ordinarily resident within
this State.
(6) A person is not to be convicted of an offence under
subsection (2) if the person has already been convicted of, or
5 charged with and acquitted of, an offence under the Motor
Vehicle (Third Party Insurance) Act 1943 section 4(3)(a), and
both those offences or alleged offences were committed
simultaneously.
5. Applications for grant, renewal, transfer and variation of
10 vehicle licences
(1) An owner of a vehicle may apply for the grant, renewal, transfer
or variation of a licence for a vehicle by --
(a) submitting an application in a form approved by the
CEO; and
15 (b) paying the amount of --
(i) any fee or charge that would be required by
section 7; and
(ii) the duty, and any penalty tax, payable under the
Duties Act 2007 on the grant or transfer of the
20 licence.
(2) On the payment of --
(a) a sum ordered under section 10(7) to be paid; or
(b) a sum specified under the Road Traffic (Administration)
Act 2007 section 81(2) in an infringement notice,
25 an application for a transfer under subsection (1) is to be taken
to have been made, and the payment is to be taken to have been
a payment under subsection (1)(b).
(3) Upon an application under subsection (1) the CEO, in
accordance with the regulations, is to grant, renew, transfer or
30 vary a licence for a vehicle if --
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Road Traffic (Vehicles) Bill 2007
Licensing of vehicles Part 2
s. 5
(a) the vehicle meets the prescribed standards and
requirements for that vehicle and is otherwise fit for the
purpose for which the licence is required; and
(b) the vehicle does not meet a prescribed standard or
5 requirement for that vehicle but the vehicle is of a
prescribed class or is used in a prescribed manner or
otherwise complies with each requirement prescribed for
the purposes of this paragraph; and
(c) in the case of an application by an individual, the
10 applicant has attained any minimum age prescribed by
regulations under section 132(2)(g) and provided any
proof of age and identity required by those regulations;
and
(d) the applicant has complied with any applicable
15 provisions of the Duties Act 2007 relating to the grant or
transfer of motor vehicles; and
(e) the CEO is satisfied that --
(i) the vehicle is kept primarily in this State; or
(ii) the vehicle is not kept primarily in any
20 jurisdiction;
and
(f) if the vehicle were to be kept primarily in another
jurisdiction, the applicant would not be prevented by or
under the law of another jurisdiction from holding a
25 licence for, or being registered in respect of, the vehicle.
(4) A vehicle cannot be licensed in the name of more than one
person at a particular time.
(5) Any one of 2 or more owners may apply for the grant or transfer
of a licence and the application is to be signed by each of them.
30 (6) An application under subsection (5) is to be regarded as notice
of the nomination of the applicant for the purposes of the Road
Traffic (Administration) Act 2007 section 5(2).
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Road Traffic (Vehicles) Bill 2007
Part 2 Licensing of vehicles
s. 6
(7) Nothing in this section authorises or permits the CEO to grant,
renew or vary a vehicle licence contrary to any provision of the
Motor Vehicle (Third Party Insurance) Act 1943 or any other
provision of this Act or the regulations.
5 (8) The CEO is to refund any amount paid by a person in
connection with --
(a) an application under this section that is refused; or
(b) an application for the transfer of a licence upon which
the licence is not transferred but cancelled.
10 6. Regulations for the grant, renewal and variation of vehicle
licences
(1) The regulations may provide for the grant, renewal or variation
of a vehicle licence by the CEO to the extent that a matter is not
provided for in section 5.
15 (2) Without limiting subsection (1), the regulations may --
(a) fix the periods for which a vehicle licence may be
granted or renewed; and
(b) fix a period, whether before or after the expiry of a
licence, within which the licence may be renewed; and
20 (c) provide that renewal of a vehicle licence within a
specified period after the expiry continues the licence;
and
(d) provide that a vehicle licence that is renewed within a
specified period after the expiry of the licence is to be
25 taken as having effect from a specified time which may
be immediately after that expiry; and
(e) empower the CEO to provide for 3 or more vehicle
licences held by the same person to expire on the same
day.
30 (3) A regulation made under subsection (2)(c) or (d) does not
operate to provide a defence in a prosecution of an offence
under section 4(2).
page 16
Road Traffic (Vehicles) Bill 2007
Licensing of vehicles Part 2
s. 7
7. Charges for vehicle licences
(1) The prescribed recording fee is to be paid to the CEO for the
grant, renewal or variation of any licence for a vehicle (other
than under Part 3), irrespective of whether the whole or any part
5 of a vehicle licence charge is also payable for the grant, renewal
or variation of the licence.
(2) The prescribed transfer fee is to be paid to the CEO for effecting
the transfer of any licence for a vehicle.
(3) Subject to any reduction, waiver, refund or deferral provided for
10 in the regulations, the appropriate prescribed charge is to be
paid to the CEO for granting, renewing or varying any licence
for a vehicle.
(4) If a vehicle licence is granted free of charge or upon the
payment of a reduced vehicle licence charge and --
15 (a) a condition imposed on the licence is not complied with;
or
(b) the ownership of the vehicle changes to that of a person
who would not be granted a licence free of charge or at a
reduced charge; or
20 (c) the vehicle is put to a use for which the licence would
not be granted free of charge or at a reduced charge,
for the purposes of section 4(2) the vehicle licence is to be taken
to be not current unless the vehicle licence charge, or the
difference between the vehicle licence charge and the reduced
25 vehicle licence charge, is paid.
(5) If a vehicle licence is granted under this Act and the fees or
charges paid in respect of the licence are subsequently found to
be in excess of the fees or charges which are properly payable in
respect of the licence, the CEO is to refund the amount of the
30 excess to the person to whom the licence was granted as soon as
practicable after a written demand for the amount.
page 17
Road Traffic (Vehicles) Bill 2007
Part 2 Licensing of vehicles
s. 8
(6) If a vehicle licence is granted under this Act and the fees or
charges paid in respect of the licence are subsequently found to
be less than the fees or charges which are properly payable in
respect of the licence, and if the person to whom the licence was
5 granted fails to pay the deficiency to the CEO within 7 days
after the amount of the deficiency has been demanded in writing
from the person, the CEO may recover the deficiency in a court
of competent jurisdiction from the person.
8. Licence obtained by means of a dishonoured cheque of no
10 effect
(1) Where the fees or charges for the grant or renewal of a vehicle
licence ("the licence") are paid by a cheque which is not
honoured by the financial institution on which it is drawn, the
licence has no effect as from the time of grant or renewal, as is
15 applicable in the case.
(2) The person granted the licence must, on written demand made
by or on behalf of the CEO, deliver the licence document and
the number plates relating to the licence to the CEO by the time
specified in the demand.
20 Penalty: a fine of 6 PU.
(3) A person to whom a demand is made under subsection (2) must
not use or continue to use the licence document or the number
plates relating to the licence.
Penalty: a fine of 6 PU.
25 9. Cancellation, suspension of vehicle licence in certain
circumstances
(1) The CEO may cancel the licence in respect of any vehicle if --
(a) the applicable fees and charges have not been paid; or
(b) the vehicle does not meet the prescribed standards and
30 requirements for that vehicle; or
page 18
Road Traffic (Vehicles) Bill 2007
Licensing of vehicles Part 2
s. 10
(c) a responsible person for the vehicle has failed to present
it for inspection when directed to do so by the CEO
under a road law; or
(d) the licence for the vehicle is surrendered in accordance
5 with the Motor Vehicle Dealers Act 1973 section 28A.
(2) The CEO may, in circumstances described in
subsection (1)(a), (b) or (c), suspend the licence in respect of a
vehicle until the circumstances giving rise to the suspension are
remedied.
10 10. Transfer of vehicle licences
(1) A person to whom a licence in respect of a vehicle has been
granted must, within 7 days after ceasing to be the owner of the
vehicle --
(a) give notice in writing to the CEO of the name and
15 address of the new owner of the vehicle; and
(b) return the licence document and the related number
plates to the CEO if --
(i) the licence was granted free of charge or upon
the payment of a reduced vehicle licence charge;
20 and
(ii) the vehicle licence charge, or the difference
between the vehicle licence charge and the
reduced vehicle licence charge, has not been
paid.
25 Penalty: a fine of 10 PU.
(2) A person who becomes the owner of a vehicle in respect of
which a licence has been granted must, within 14 days after
becoming the owner, give notice in writing to the CEO of that
fact.
30 Penalty: a fine of 10 PU.
(3) As soon as practicable after receiving notice under
subsection (1)(a) or (2), or otherwise, of a change in the
page 19
Road Traffic (Vehicles) Bill 2007
Part 2 Licensing of vehicles
s. 10
ownership of a vehicle in respect of which a licence has been
granted --
(a) if the CEO reasonably suspects that the vehicle does not
meet a prescribed standard or requirement relating to the
5 security of the vehicle, the CEO may issue to the new
owner a notice requiring that the vehicle be modified so
that it does meet the prescribed standard or requirement;
or
(b) if the CEO is satisfied that the licence may be
10 transferred under section 5(3) and no application has
been made under section 5(1), the CEO may issue to the
new owner a notice requiring that an application for the
transfer of the licence be made under section 5.
(4) In subsection (3) --
15 "new owner", in relation to a vehicle, means a person who,
according to the notice received by the CEO, has become a
new owner of the vehicle and, if there is more than one
such person, each or any of them.
(5) If a vehicle has not been modified in accordance with a notice
20 issued under subsection (3)(a) within 28 days after the notice is
issued, or any longer period that the CEO allows, the CEO is to
cancel the licence in respect of the vehicle.
(6) A person to whom a notice is issued under subsection (3)(b)
commits an offence if an application for the transfer of the
25 licence for the vehicle is not made within 28 days after the
notice is issued, or any longer period that the CEO allows,
unless it can be shown that --
(a) the person did not agree to becoming an owner of the
vehicle and has notified the CEO in writing accordingly;
30 or
(b) another person has been nominated for the purposes of
the Road Traffic (Administration) Act 2007 section 5(2);
or
page 20
Road Traffic (Vehicles) Bill 2007
Licensing of vehicles Part 2
s. 11
(c) there is more than one owner of the vehicle and there is
good reason why a person was not nominated under the
Road Traffic (Administration) Act 2007 section 5(2); or
(d) there was some other good reason that the application
5 for the transfer of the licence was not made.
Penalty: a fine of 50 PU.
(7) The court convicting a person of an offence under
subsection (6) must, whether imposing a penalty or not, order
the person to pay the sum of --
10 (a) the prescribed transfer fee; and
(b) the amount payable under a taxation Act, as defined in
the Taxation Administration Act 2003 Glossary, in
respect of the transfer of the licence.
(8) The other subsections of this section do not apply if a person to
15 whom a licence in respect of a vehicle has been granted dies,
and in that case the CEO, on an application under section 5, if
any, by the executor or administrator of the estate of that person,
is to endorse on the licence the transfer of the licence to that
executor or administrator.
20 11. Requirement to make declaration on applying for grant or
transfer of vehicle licence
(1) Regulations may require an applicant for the grant or transfer of
a licence in respect of a vehicle to declare in writing that the
vehicle meets any prescribed standard or requirement relating to
25 the security of vehicles that applies to that vehicle.
(2) If the applicant does not comply with a requirement of
regulations made for the purposes of subsection (1), it may be
taken for the purposes of section 5(3)(a) that the vehicle
concerned does not meet the prescribed standard or requirement.
30 12. Change of nominated owner
(1) If a person is the owner of a vehicle as the result of a
nomination for the purposes of the Road Traffic
page 21
Road Traffic (Vehicles) Bill 2007
Part 2 Licensing of vehicles
s. 13
(Administration) Act 2007 section 5(2), the person may apply to
the CEO, in a form approved by the CEO, to cancel the
nomination.
(2) The application is to include a statement, signed by each person
5 who would be an owner if there had been no nomination, to the
effect that they agree to another of them being the owner of the
vehicle for the purposes of this Act.
(3) If the CEO approves the application and the applicant pays the
prescribed fee, if any --
10 (a) the current nomination ceases to have effect; and
(b) the statement under subsection (2) is to be treated as
being a nomination for the purposes of the Road Traffic
(Administration) Act 2007 section 5(2); and
(c) the CEO is to vary the licence by changing the name of
15 the person to whom the licence is granted in accordance
with the application.
13. Permits, etc., for unlicensed vehicles
(1) The CEO may grant to a person a permit ("permit") authorising
the driving of an unlicensed motor vehicle or the towing of an
20 unlicensed motor vehicle in accordance with any requirements
specified by the CEO in the permit --
(a) to or from any place at which the CEO grants vehicle
licences or examines vehicles in connection with the
granting of vehicle licences or to or from any place at
25 which the vehicle is to be or has been repaired; or
(b) for a purpose that is specified by the CEO in the permit;
or
(c) for a prescribed purpose.
(2) The CEO may issue to a person of a prescribed class number
30 plates ("number plates") which may be used on an unlicensed
motor vehicle in accordance with any requirement specified in
writing by the CEO.
page 22
Road Traffic (Vehicles) Bill 2007
Licensing of vehicles Part 2
s. 14
(3) Without limiting any power to make regulations under this Act,
the regulations may prescribe --
(a) the fees for the grant of a permit; and
(b) the requirements that are to be taken to apply to all
5 permits or permits of a class specified in the regulations;
and
(c) the fees for the issue and use of number plates; and
(d) the requirements that are to be taken to apply to the use
and return of number plates on all unlicensed motor
10 vehicles or to the use and return of number plates on
unlicensed motor vehicles of a class specified in the
regulations; and
(e) a deposit to be paid on the issue of, and in respect of,
number plates, and the circumstances in which that
15 deposit is forfeited or refunded.
(4) The CEO may, by notice in writing, cancel a permit if the
vehicle in respect of which it was granted is driven or towed
otherwise than in accordance with the permit.
(5) A notice in writing mentioned in subsection (4) --
20 (a) is to be signed by a person authorised so to do by the
CEO; and
(b) is to be served on the person to whom the permit was
granted; and
(c) is to come into operation when it is served or, if a later
25 time is specified in the notice, at that time.
14. Register of vehicle licences
The CEO is to keep a register of vehicle licences, and enter in it
particulars of each vehicle licence that is granted.
page 23
Road Traffic (Vehicles) Bill 2007
Part 2 Licensing of vehicles
s. 15
15. Registration labels
(1) Upon the grant or renewal of each vehicle licence, the CEO is to
issue to the applicant a registration label as evidence of the
currency of the licence.
5 (2) A registration label is not evidence of the currency of a licence
that is no longer current.
(3) The licence holder who is issued a registration label --
(a) must within 21 days after the grant or renewal of the
vehicle licence affix the registration label to the vehicle
10 in the manner and place in or on the vehicle that are
prescribed; and
(b) must at all times during the currency of the vehicle
licence keep the registration label affixed to the vehicle
in the manner and place in or on the vehicle that are
15 prescribed.
Penalty: a fine of 32 PU.
(4) A registration label is not required to be issued in respect of a
vehicle --
(a) that is licensed in the name of a public authority; and
20 (b) affixed to which are prescribed number plates.
16. Effect of licence suspension order, disqualification
(1) Where a licence suspension order is made under the Fines,
Penalties and Infringement Notices Enforcement Act 1994 in
respect of a person, a licence held by that person in respect of a
25 vehicle specified in the order or in respect of any vehicle (as the
order directs) is, by force of this section, suspended so long as
the licence suspension order continues in force and during that
period is of no effect.
(2) Subsection (1) does not operate to extend the period for which a
30 vehicle licence may be current or effective beyond the
page 24
Road Traffic (Vehicles) Bill 2007
Licensing of vehicles Part 2
s. 17
expiration of the period for which the licence was expressed to
be granted or renewed.
(3) A vehicle licence obtained by a person who is disqualified from
holding or obtaining a vehicle licence is, by force of this
5 section, of no effect.
17. Classification of vehicle licences
Despite any other provision of this Part, regulations may
prescribe classes of vehicle licences and by those regulations --
(a) specify the vehicles or classes of vehicle to which any
10 class of licence is to apply; and
(b) provide for licences of any particular class to be granted
for a limited period or limited periods; and
(c) empower the CEO to impose limitations on the use of a
vehicle for which a particular class of licence is granted.
15 18. Applicable charges in case of amendment
(1) In this section --
"commencement day", in relation to regulations, means the
day from which, under the Interpretation Act 1984
section 41, those regulations take effect and have the force
20 of law;
"specified day", in relation to regulations, means the day
prescribed in the regulations as the specified day for the
purposes of this section, being a day not less than 30 days
after the commencement day of those regulations.
25 (2) If regulations made under section 7(3) in relation to charges for
granting or renewing a vehicle licence are amended or replaced,
the regulations as in force immediately before the
commencement day of the amending or replacing regulations
continue to apply in relation to --
30 (a) the grant of a vehicle licence if that licence is granted
before the specified day; and
page 25
Road Traffic (Vehicles) Bill 2007
Part 2 Licensing of vehicles
s. 19
(b) the renewal of a vehicle licence if, in accordance with
regulations made under section 6, that renewal has
effect, or is to be taken to have effect, on and from a day
that precedes the specified day.
5 19. Minister may require vehicles to be inspected
(1) The Minister may, by order published in the Gazette, prohibit
the grant, renewal or transfer of any vehicle licence, in respect
of a vehicle unless and until the vehicle has been examined and
a certificate of inspection has been issued under this Act that the
10 vehicle meets the prescribed standards and requirements for that
vehicle and that the vehicle is fit for the purpose for which the
licence is desired.
(2) The Minister may, in an order under subsection (1), declare that
the provisions of the order --
15 (a) apply in respect of vehicles generally or in respect of
vehicles of a class specified in the order; or
(b) apply throughout the State or in a part of the State
specified in the order; or
(c) do not apply in a case, or cases of a class, specified in
20 the order.
page 26
Road Traffic (Vehicles) Bill 2007
Overseas motor vehicles when temporarily in Australia Part 3
s. 20
Part 3 -- Overseas motor vehicles when temporarily
in Australia
20. Meaning of "overseas vehicle"
In this Part --
5 "overseas vehicle" means a motor vehicle that is imported for
temporary use in Australia from any other country and
is --
(a) landed in this State direct from that country; or
(b) brought to this State from another jurisdiction.
10 21. Application of this Part
The provisions of this Part do not affect --
(a) Part 2 relating to the licensing of vehicles; or
(b) the provisions of the regulations made under this Act
relating to the licensing of vehicles, except to the extent
15 expressly provided; or
(c) the provisions of the Transport Co-ordination Act 1966.
22. Free vehicle licences for certain overseas vehicles
(1) A person may apply to the CEO to be granted, free of charge, a
vehicle licence for an overseas vehicle if the person is an owner
20 of the vehicle and is not ordinarily resident in Australia.
(2) On an application the CEO is to grant, free of charge, a vehicle
licence for the overseas vehicle if the CEO is satisfied that --
(a) there is in force a vehicle licence or registration effected
in relation to that vehicle under the law of the country in
25 which the owner is ordinarily resident; and
(b) there is in force a contract of insurance with respect to
the vehicle as provided in the Motor Vehicle (Third
Party Insurance) Act 1943 section 4; and
page 27
Road Traffic (Vehicles) Bill 2007
Part 3 Overseas motor vehicles when temporarily in Australia
s. 23
(c) there is documentary evidence establishing that the
owner has given to the Australian Government
department that has responsibility for customs a
guarantee that the vehicle is to be subsequently taken
5 out of Australia; and
(d) either --
(i) the overseas vehicle meets the prescribed
standards and requirements for that vehicle and
is otherwise fit for the purpose for which the
10 licence is required; or
(ii) the overseas vehicle does not meet a prescribed
standard or requirement for that vehicle but the
vehicle is of a prescribed class or is used in a
prescribed manner or otherwise complies with a
15 requirement prescribed for the purposes of
section 5(3)(b).
(3) The period of a vehicle licence granted under this section must
not go beyond --
(a) 12 months from the day when the vehicle was landed in
20 this State; or
(b) the day of the expiry of the licence or registration
effected under the law of the country mentioned in
subsection (2)(a); or
(c) the day of the expiry of the contract of insurance
25 mentioned in subsection (2)(b).
23. Vehicle licence for overseas vehicle granted in another
jurisdiction has effect in this State
For the purpose of this Part a licence granted or a registration
effected by any licensing or registering authority of another
30 jurisdiction in relation to an overseas vehicle is to be taken to be
a vehicle licence under this Act in respect of the vehicle when it
is used on any road within the State --
(a) during the currency of the licence or registration; and
page 28
Road Traffic (Vehicles) Bill 2007
Overseas motor vehicles when temporarily in Australia Part 3
s. 24
(b) so long as a contract of insurance with respect to that
vehicle as provided in the Motor Vehicle (Third Party
Insurance) Act 1943 section 3(4) or 4 is in force.
24. Free extension or renewal of vehicle licences for certain
5 overseas vehicles
(1) A person may apply to the CEO to be granted, free of charge, an
extension or renewal of a vehicle licence granted under
section 22 that has expired.
(2) On an application the CEO is to grant, free of charge, an
10 extension or renewal of the licence if the CEO is satisfied
that --
(a) the vehicle is being used in this State; and
(b) there is in force a vehicle licence or registration effected
in relation to that vehicle under the law of the country in
15 which the owner is ordinarily resident; and
(c) there is in force a contract of insurance with respect to
the vehicle as provided in the Motor Vehicle (Third
Party Insurance) Act 1943 section 4; and
(d) there is documentary evidence establishing that the
20 owner has given to the Australian Government
department that has responsibility for customs a
guarantee that the vehicle is to be subsequently taken
out of Australia; and
(e) either --
25 (i) the overseas vehicle meets the prescribed
standards and requirements for that vehicle and
is otherwise fit for the purpose for which the
licence is required; or
(ii) the overseas vehicle does not meet a prescribed
30 standard or requirement for that vehicle but the
vehicle is of a prescribed class or is used in a
prescribed manner or otherwise complies with a
page 29
Road Traffic (Vehicles) Bill 2007
Part 3 Overseas motor vehicles when temporarily in Australia
s. 25
requirement prescribed for the purposes of
section 5(3)(b).
(3) The period for which a vehicle licence is extended or renewed
under this section must not go beyond --
5 (a) 12 months from the day when the vehicle was landed in
Australia; or
(b) the day of the expiry of the licence or registration
effected under the law of the country mentioned in
subsection (2)(b); or
10 (c) the day of the expiry of the contract of insurance
mentioned in subsection (2)(c).
25. Free licence or renewal ceases to have effect in certain cases
A vehicle licence is that is granted under section 22 or extended
or renewed under section 24 ceases to have effect when --
15 (a) the vehicle's owner becomes ordinarily resident in
Australia; or
(b) the vehicle is transferred to a person who is ordinarily
resident in Australia.
26. Registration label to be granted with each licence or renewal
20 of licence
(1) On the grant of a vehicle licence under section 22 or the
extension or renewal of a vehicle licence under section 24 the
CEO is to issue to the owner of the vehicle, free of charge, a
registration label as evidence of the currency of the licence.
25 (2) A registration label is not evidence of the currency of a licence
that is no longer current.
(3) The owner of a vehicle in respect of which a vehicle licence is
granted under section 22 or extended or renewed under
section 24 must --
30 (a) as soon as practicable after the most recently issued
registration label is issued, affix the label to the vehicle
page 30
Road Traffic (Vehicles) Bill 2007
Overseas motor vehicles when temporarily in Australia Part 3
s. 27
in the manner and place in or on the vehicle that are
prescribed for ordinary registration labels; and
(b) at all times during the currency of the vehicle licence
keep the registration label affixed to the vehicle in the
5 manner and place in or on the vehicle that are prescribed
for ordinary registration labels.
Penalty: a fine of 32 PU.
27. Number plates on overseas vehicles
(1) If --
10 (a) on its arrival in this State, an overseas vehicle is
equipped with one or more number plates in accordance
with the law of the country or jurisdiction from which it
was landed or brought; and
(b) a vehicle licence is granted under section 22 or extended
15 or renewed under section 24 in relation to the vehicle,
the number plates are to be taken to have been issued under this
Act during the currency of the vehicle licence and while the
vehicle is being used temporarily within Australia.
(2) If --
20 (a) on its arrival in this State, an overseas vehicle is not
equipped with any number plates or has a number plate
that is so mutilated that any material part is obscured,
obliterated or indistinct; and
(b) a vehicle licence is granted under section 22 or extended
25 or renewed under section 24 in relation to the vehicle,
the CEO, on payment of the prescribed fee, is to issue to the
vehicle's owner a temporary plate or plates which are to be
affixed to the vehicle in the manner and place in or on the
vehicle that are prescribed for ordinary number plates.
page 31
Road Traffic (Vehicles) Bill 2007
Part 3 Overseas motor vehicles when temporarily in Australia
s. 28
28. Regulations
The regulations may provide for --
(a) matters relating to applications under section 22 or 24;
and
5 (b) matters relating to the application for the issue of, and
the use and return of, temporary number plates; and
(c) matters relating to the use on roads in this State of
overseas vehicles that have the steering apparatus on the
left-hand side of the vehicle; and
10 (d) matters relating to the issue and use of plates that
identify to other road users vehicles mentioned in
paragraph (c); and
(e) the fees for plates mentioned in paragraphs (a) and (d);
and
15 (f) the nature and kind of information and particulars
owners of overseas vehicles are to give the CEO at any
specified time or from time to time, relating to the
vehicle.
page 32
Road Traffic (Vehicles) Bill 2007
Mass, dimension and loading requirements Part 4
Terms used in this Part Division 1
s. 29
Part 4 -- Mass, dimension and loading requirements
Division 1 -- Terms used in this Part
29. Meaning of "person connected"
In this Part --
5 "person connected" with a vehicle means a person who is --
(a) the driver of the vehicle; or
(b) a co-driver of the vehicle; or
(c) a responsible person for the vehicle; or
(d) a consignor of goods that are in or on the vehicle; or
10 (e) a loader in relation to the vehicle; or
(f) a packer of goods that are in or on the vehicle.
Division 2 -- Mass, dimension and loading offences and
modification of mass or dimension requirements
Subdivision 1 -- Mass, dimension and loading offences and penalties
15 30. Mass, dimension and loading requirements to be complied
with
(1) A person connected with a vehicle commits an offence if --
(a) the vehicle is on a road; and
(b) a mass, dimension or loading requirement that applies to
20 the vehicle or its load or to the vehicle and its load is not
being complied with.
(2) If a person is convicted of an offence under subsection (1) that
involves a failure to comply with a mass or dimension
requirement that is modified under Division 2 Subdivision 2, the
25 penalty for the offence is that which would have applied if the
requirement had not been modified.
(3) The penalty for an offence under subsection (1) that involves a
failure to comply with a mass requirement in relation to a heavy
page 33
Road Traffic (Vehicles) Bill 2007
Part 4 Mass, dimension and loading requirements
Division 2 Mass, dimension and loading offences and modification of
mass or dimension requirements
s. 30
vehicle is the fine set out in the Table to this subsection
corresponding to the amount of mass in excess of the amount of
the maximum mass permitted under the requirement, expressed
as a percentage of the amount of the maximum mass, but the
5 minimum penalty is the minimum fine set out in the Table
corresponding to the amount of the excess mass.
Table -- Heavy vehicles -- breach of mass requirement
Mass in excess of
maximum permitted
mass (%)
Above or Less than Fine Minimum
(except in fine
the case of
0%) equal
to
% % PU PU
0 5 20 4
5 10 40 6
10 15 60 10
15 20 80 12
20 25 120 18
25 30 140 20
30 35 160 24
35 40 180 28
40 45 200 32
45 50 220 36
50% or more 300 40
(4) The penalty for an offence under subsection (1) that involves a
failure to comply with a mass requirement in relation to a light
10 vehicle is the fine set out in the Table to this subsection
corresponding to the amount of mass in excess of the amount of
the maximum mass permitted under the requirement, expressed
as a percentage of the amount of the maximum mass, but the
page 34
Road Traffic (Vehicles) Bill 2007
Mass, dimension and loading requirements Part 4
Mass, dimension and loading offences and modification of Division 2
mass or dimension requirements
s. 30
minimum penalty is the minimum fine set out in the Table
corresponding to the amount of the excess mass.
Table -- Light vehicles -- breach of mass requirement
Mass in excess of
maximum permitted
mass (%)
Above or Less than Fine Minimum
(except in fine
the case of
0%) equal
to
% % PU PU
0 5 8 2
5 10 12 3
10 15 16 4
15 20 20 5
20 25 24 6
25 30 28 7
30 35 32 8
35 40 40 10
40 45 48 12
45 50 56 14
50% or more 64 16
(5) The penalty for an offence under subsection (1) that is not
5 mentioned in subsection (3) or (4) is --
(a) in the case of a minor risk breach, a fine of 20 PU but
the minimum penalty is a fine of 6 PU; or
(b) in the case of a substantial risk breach, a fine of 40 PU
but the minimum penalty is a fine of 10 PU; or
10 (c) in the case of a severe risk breach, a fine of 100 PU but
the minimum penalty is a fine of 20 PU.
page 35
Road Traffic (Vehicles) Bill 2007
Part 4 Mass, dimension and loading requirements
Division 2 Mass, dimension and loading offences and modification of
mass or dimension requirements
s. 31
31. Reasonable steps defence for certain s. 30(1) offences
(1) In a prosecution for an offence under section 30(1) the person
charged, if alleged to be a consignor, loader or packer has the
benefit of the reasonable steps defence.
5 (2) Subsection (1) does not apply if the person charged is also the
driver or a co-driver of, or a responsible person for, the vehicle.
(3) In a prosecution for an offence under section 30(1) that involves
a failure to comply with a mass requirement that, if proved,
would be a minor risk breach, the person charged, if alleged to
10 be the driver or a co-driver of, or a responsible person for, the
vehicle, has the benefit of the reasonable steps defence.
(4) In a prosecution for an offence under section 30(1) that involves
a failure to comply with a mass requirement that, if proved,
would be a substantial or severe risk breach, the person charged,
15 if alleged to be the driver or a co-driver of, or a responsible
person for, the vehicle, has the benefit of the reasonable steps
defence.
(5) A person charged as mentioned in subsection (4) has the benefit
of the reasonable steps defence in that case only to the extent
20 that the defence relates to reliance on the weight stated in a
container weight declaration, in which case the person charged
may rely on the weight stated in the relevant container weight
declaration, unless it is proved that the person knew or ought
reasonably to have known that --
25 (a) the weight stated in the container weight declaration was
lower than the weight of the freight container and its
contents; or
(b) the distributed weight of the freight container and its
contents, together with --
30 (i) the mass or placement of any other load would
result in the breach of a mass or loading
requirement; or
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Road Traffic (Vehicles) Bill 2007
Mass, dimension and loading requirements Part 4
Mass, dimension and loading offences and modification of Division 2
mass or dimension requirements
s. 32
(ii) the mass of the vehicle or any part of it would
result in a breach of a mass requirement.
32. Offences by consignees
(1) A person who is a consignee of goods consigned for road
5 transport commits an offence if --
(a) the person engages in conduct that results, or is likely to
result, in inducing or rewarding the commission of a
breach of a mass, dimension or loading requirement; and
(b) the person either --
10 (i) intends the result mentioned in paragraph (a); or
(ii) is negligent or reckless as to whether the result
mentioned in paragraph (a) occurs.
Penalty: a fine of 200 PU.
(2) A consignee of goods is to be taken to have intended the result
15 mentioned in subsection (1)(a) if --
(a) the conduct concerned relates to a freight container
consigned for road transport, or for transport partly by
road and partly by some other means; and
(b) the person knew or ought reasonably to have known
20 that --
(i) a container weight declaration for the freight
container was not provided as required under
Part 7; or
(ii) a container weight declaration provided for the
25 container contained information about the weight
of the container and its contents that was false or
misleading in a material particular.
(3) For the purposes of subsection (2)(b)(ii), information in a
container weight declaration is not false or misleading in a
30 material particular just because it overstates the weight of the
freight container and its contents.
page 37
Road Traffic (Vehicles) Bill 2007
Part 4 Mass, dimension and loading requirements
Division 2 Mass, dimension and loading offences and modification of
mass or dimension requirements
s. 33
Subdivision 2 -- Modification of mass or dimension requirements for
certain vehicles
33. Terms used in this Subdivision
In this Subdivision --
5 "order" means an order mentioned in section 35(1)(a) by which
a mass or dimension requirement is modified;
"permit" means a permit mentioned in section 35(1)(b) by
which a mass or dimension requirement is modified;
"vehicle" means a vehicle of a class prescribed for the purposes
10 of this definition.
34. Modification of mass or dimension requirements for
prescribed vehicles
(1) The Commissioner of Main Roads may modify a mass or
dimension requirement that applies to --
15 (a) a vehicle; or
(b) the load of a vehicle; or
(c) a vehicle and its load.
(2) A modification of a mass requirement may impose a higher
maximum mass than that permitted under the requirement but
20 the higher maximum mass must not exceed the GCM, the GVM
or any other mass limit specified by the manufacturer.
(3) A modification of a dimension requirement may impose a
higher maximum width, height or length than that permitted
under the requirement.
25 (4) The Commissioner of Main Roads is not to modify a mass or
dimension requirement that applies to a vehicle that is also a
heavy vehicle of a prescribed class or its load unless on or
before the day on which the modification takes effect there is a
person who is accredited under Division 4 in relation to the
30 vehicle.
page 38
Road Traffic (Vehicles) Bill 2007
Mass, dimension and loading requirements Part 4
Mass, dimension and loading offences and modification of Division 2
mass or dimension requirements
s. 35
(5) The Minister may declare, in writing in accordance with the
regulations, that subsection (4) does not apply to a vehicle, or
vehicles of a class, specified by the Minister in the declaration.
(6) A modification of a mass or dimension requirement has effect
5 for the term specified in the order or permit.
35. Order or permit for modification
(1) A modification of a mass or dimension requirement --
(a) if made on the volition of the Commissioner of Main
Roads, is to be by order published in the Gazette; or
10 (b) if made on the application of a person, is to be by permit
issued to the applicant.
(2) The driver of a vehicle in respect of which, or in respect of the
load of which, a mass or dimension requirement has been
modified under a permit --
15 (a) must carry in the vehicle a copy of the permit; and
(b) must produce a copy of the permit if directed by a police
officer to do so.
Penalty: a fine of 20 PU.
36. Application of modified mass or dimension requirement
20 (1) An order or permit may specify that a modified mass or
dimension requirement applies or does not apply --
(a) to a specified vehicle or to each vehicle of a specified
class; or
(b) on a specified road; or
25 (c) in a specified part of the State; or
(d) if a specified requirement is complied with; or
(e) in other specified circumstances.
(2) In subsection (1) --
"specified" means specified in the order or permit.
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Road Traffic (Vehicles) Bill 2007
Part 4 Mass, dimension and loading requirements
Division 2 Mass, dimension and loading offences and modification of
mass or dimension requirements
s. 37
(3) The regulations may prescribe matters that are to be taken to
apply, or to not apply to --
(a) all orders or orders of a class specified in the
regulations; or
5 (b) all permits or permits of a class specified in the
regulations.
37. Offences in relation to orders or permits
(1) A person connected with a vehicle in respect of which, or in
respect of the load of which, a mass or dimension requirement
10 has been modified under an order or permit must comply with
the order or permit.
Penalty:
(a) for failure to comply with a provision of an order or
permit specified under section 36(1)(b), the penalty is
15 that which would have applied to an offence under
section 30(1) if the mass or dimension requirement
had not been modified; or
(b) for failure to comply with a provision of an order or
permit specified under section 36(1)(a), (c), (d) or (e)
20 that does not otherwise relate to a road on which the
vehicle can or cannot be driven, a fine of 100 PU, but
the minimum penalty is a fine of 12 PU.
(2) A person who is convicted of an offence under section 30(1)
that involves not complying with a mass or dimension
25 requirement modified under an order or permit cannot also be
convicted of an offence under subsection (1) that has the penalty
mentioned in subsection (1)(b) if the offence arises out of a
failure to comply with a provision of the order or permit.
page 40
Road Traffic (Vehicles) Bill 2007
Mass, dimension and loading requirements Part 4
Access restrictions on certain vehicles that comply with mass Division 3
or dimension requirements
s. 38
38. Regulations about modifying mass or dimension
requirements
The regulations may provide for --
(a) applications for mass or dimension requirements to be
5 modified; and
(b) the submission of information and documentation in
support of applications; and
(c) the grounds for modifying mass or dimension
requirements; and
10 (d) the content of orders and permits; and
(e) applications for, and other matters relating to, the
variation of the modification of a mass or dimension
requirement; and
(f) the suspension or cancellation of a modification of a
15 mass or dimension requirement; and
(g) fees for applications mentioned in paragraphs (a)
and (e).
Division 3 -- Access restrictions on certain vehicles that comply
with mass or dimension requirements
20 39. Terms used in this Division
In this Division --
"access approval" means an approval given by the
Commissioner of Main Roads under section 41;
"complying restricted access vehicle" means a vehicle that --
25 (a) conforms with each mass or dimension requirement
applying to the vehicle or its load or to the vehicle
and its load; and
(b) is prescribed as a vehicle that cannot be on a road
without an access approval;
30 "order" means an order mentioned in section 42(1)(a) by which
an access approval is given;
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Road Traffic (Vehicles) Bill 2007
Part 4 Mass, dimension and loading requirements
Division 3 Access restrictions on certain vehicles that comply with mass
or dimension requirements
s. 40
"permit" means a permit mentioned in section 42(1)(b) by
which an access approval is given;
"road" includes part of a road.
40. Restriction on access of complying restricted access vehicles
5 to certain roads
(1) A person connected with a complying restricted access vehicle
commits an offence if the vehicle is on a road without an access
approval for the vehicle to be on the road.
Penalty: a fine of 100 PU, but the minimum penalty is a fine
10 of 20 PU.
(2) In a prosecution for an offence under subsection (1) the person
charged has the benefit of the reasonable steps defence.
(3) A person connected with a complying restricted access vehicle
must comply with an order or permit relating to the vehicle.
15 Penalty: a fine of 100 PU, but the minimum penalty is a fine
of 12 PU.
41. Access approvals
(1) The Commissioner of Main Roads may give an access approval
for a complying restricted access vehicle to be on a road.
20 (2) The Commissioner of Main Roads is not to give an access
approval for a complying restricted access vehicle that is also a
heavy vehicle of a prescribed class or its load unless on or
before the day on which the access approval takes effect there is
a person who is accredited under Division 4 in relation to the
25 vehicle.
(3) The Minister may declare, in writing in accordance with the
regulations, that subsection (2) does not apply to a vehicle, or
vehicles of a class, specified by the Minister in the declaration.
(4) An access approval has effect for the term specified in the order
30 or permit.
page 42
Road Traffic (Vehicles) Bill 2007
Mass, dimension and loading requirements Part 4
Access restrictions on certain vehicles that comply with mass Division 3
or dimension requirements
s. 42
42. Order or permit for access approval
(1) An access approval --
(a) if given on the volition of the Commissioner of Main
Roads, is to be by order published in the Gazette; or
5 (b) if given on the application of a person, is to be by permit
issued to the applicant.
(2) The driver of a vehicle in respect of which an access approval
has been given under a permit --
(a) must carry in the vehicle a copy of the permit; and
10 (b) must produce a copy of the permit if directed by a police
officer to do so.
Penalty: a fine of 20 PU.
43. Application of access approvals
(1) An order or permit may specify that an access approval applies
15 or does not apply --
(a) to a specified complying restricted access vehicle or to
each complying restricted access vehicle of a specified
class; or
(b) to a specified road or each specified road; or
20 (c) at a specified time or during specified periods; or
(d) if a specified requirement is complied with; or
(e) in other specified circumstances.
(2) In subsection (1) --
"specified" means specified in the order or permit.
25 (3) The regulations may prescribe matters that are to be taken to
apply, or to not apply to --
(a) all orders or orders of a class specified in the
regulations; or
(b) all permits or permits of a class specified in the
30 regulations.
page 43
Road Traffic (Vehicles) Bill 2007
Part 4 Mass, dimension and loading requirements
Division 4 Accreditation
s. 44
44. Regulations about giving access approvals
The regulations may provide for --
(a) applications for access approvals to be given; and
(b) the submission of information and documentation in
5 support of applications; and
(c) the grounds for giving access approvals; and
(d) the content of orders and permits; and
(e) applications for, and other matters relating to, the
variation of an access approval; and
10 (f) the suspension or cancellation of an access approval;
and
(g) fees for applications mentioned in paragraphs (a)
and (e).
Division 4 -- Accreditation
15 45. Accreditation of persons in relation to certain heavy vehicles
(1) The regulations are to provide for the accreditation of persons
by the Commissioner of Main Roads for the purposes of
sections 34(4) and 41(2).
(2) A person cannot be accredited in relation to a vehicle unless the
20 person --
(a) controls or directs the operation of the vehicle; or
(b) is of a prescribed class of person in relation to the
vehicle.
(3) A person mentioned in subsection (2)(a) or (b) may, but need
25 not, be a person connected with the vehicle.
(4) A person is not to be accredited under the regulations unless the
Commissioner of Main Roads is satisfied that the person has in
place systems that, to the extent that is reasonably practicable in
the circumstances --
page 44
Road Traffic (Vehicles) Bill 2007
Mass, dimension and loading requirements Part 4
Accreditation Division 4
s. 46
(a) comply with prescribed standards about ensuring and
demonstrating compliance with mass, dimension or
loading requirements; and
(b) ensure and demonstrate compliance with provisions of
5 this Act about standards of vehicles mentioned in
subsection (2); and
(c) ensure and demonstrate compliance with any written
law that is relevant to the driving or operation of
vehicles mentioned in subsection (2).
10 46. Regulations about accreditation
The regulations may provide for --
(a) applications for persons to be accredited; and
(b) the submission of information and documentation in
support of applications; and
15 (c) the form and content of accreditation documentation,
including the issue of certificates; and
(d) the duration of accreditation; and
(e) the action to be taken by or on behalf of an accredited
person so as to continue to be accredited including --
20 (i) providing the Commissioner of Main Roads
with, or allowing the Commissioner of Main
Roads access to, information and
documentation --
(I) that is in an accredited person's
25 possession and is relevant to whether
the person should continue to be
accredited; or
(II) that is required to be held or kept under
a written law about drivers or operators
30 of vehicles mentioned in section 45(2);
and
page 45
Road Traffic (Vehicles) Bill 2007
Part 4 Mass, dimension and loading requirements
Division 4 Accreditation
s. 47
(ii) conducting internal reviews or independent
auditing of management systems; and
(iii) training drivers or operators of vehicles
mentioned in section 45(2) and personnel
5 involved in management systems;
and
(f) the keeping and production of records; and
(g) the qualifications, knowledge or experience to be
attained and maintained by persons who conduct
10 internal reviews or independent auditing of management
systems; and
(h) applications for, and other matters relating to, the
renewal or variation of accreditation; and
(i) the suspension or cancellation of accreditation if action
15 required to be taken by or on behalf of an accredited
person is not taken or a person is no longer fit to be
accredited; and
(j) fees for applications mentioned in paragraphs (a)
and (h).
20 47. Effect of suspension or cancellation of accreditation on
modification or access approval
(1) If --
(a) section 34(4) or 41(2) requires a person to be accredited
for a mass or dimension requirement to be modified or
25 for an access approval to be given; and
(b) the accreditation is subsequently cancelled under the
regulations,
the modification or approval is of no effect on and from the day
of the cancellation of the accreditation.
page 46
Road Traffic (Vehicles) Bill 2007
Mass, dimension and loading requirements Part 4
Accreditation Division 4
s. 47
(2) If --
(a) section 34(4) or 41(2) requires a person to be accredited
for a mass or dimension requirement to be modified or
for an access approval to be given; and
5 (b) the accreditation is subsequently suspended under the
regulations,
the modification or approval is of no effect for the period of the
suspension.
(3) If a mass or dimension requirement has been modified, or an
10 access approval has been given, under an order and no longer
has effect because of subsection (1) or (2), the Commissioner of
Main Roads is to publish in the Gazette notice of the effect of
the suspension or cancellation of the accreditation.
(4) If a mass or dimension requirement has been modified, or an
15 access approval has been given, under a permit and no longer
has effect because of subsection (1) or (2), the Commissioner of
Main Roads is to give the person who applied for the permit or
access approval written notice of the effect of the suspension or
cancellation of the accreditation.
page 47
Road Traffic (Vehicles) Bill 2007
Part 5 Categories of breach of mass, dimension or loading
requirements
Division 1 The categories of breach
s. 48
Part 5 -- Categories of breach of mass, dimension or
loading requirements
Division 1 -- The categories of breach
48. Categories of breach
5 For the purposes of this Act, a breach of a mass, dimension or
loading requirement is categorised as --
(a) a minor risk breach; or
(b) a substantial risk breach; or
(c) a severe risk breach.
10 Division 2 -- Mass requirements: categories of breach
49. Mass requirements: minor risk breaches
(1) A breach of a mass requirement that relates to the GVM of a
vehicle is a minor risk breach if the extent of the breach is less
than the greater of --
15 (a) the amount of the maximum mass permitted under the
requirement, plus 5% of that amount, rounded up to the
nearest 0.1 t; or
(b) 0.5 t.
(2) A breach of any other kind of mass requirement is a minor risk
20 breach if the extent of the breach is less than the amount of the
maximum mass permitted under the requirement, plus 5% of
that amount, rounded up to the nearest 0.1 t.
50. Mass requirements: substantial risk breaches
A breach of a mass requirement is a substantial risk breach if
25 the extent of the breach is --
(a) equal to or greater than the limit set out in section 49(1)
or (2) as is applicable in the case; and
page 48
Road Traffic (Vehicles) Bill 2007
Categories of breach of mass, dimension or loading Part 5
requirements
Dimension requirements: categories of breach Division 3
s. 51
(b) less than the amount of the maximum mass permitted
under the requirement, plus 20% of that amount,
rounded up to the nearest 0.1 t.
51. Mass requirements: severe risk breaches
5 A breach of a mass requirement is a severe risk breach if the
extent of the breach is equal to or greater than the amount of the
maximum mass permitted under the requirement, plus 20% of
that amount, rounded up to the nearest 0.1 t.
Division 3 -- Dimension requirements: categories of breach
10 52. Terms used in this Division
In this Division --
"dangerous projection requirement" means a prescribed
requirement to the effect that a load on a vehicle must not
project in a way that is dangerous to a person or property,
15 even if all applicable dimension requirements and warning
requirements are complied with at the relevant time;
"warning requirement" means a prescribed requirement that
relates to warning signals for a load.
53. Dimension requirements: minor risk breaches
20 A breach of a dimension requirement is a minor risk breach if
the extent of the breach --
(a) in the case of the width of a vehicle or a vehicle and its
load, is less than 40 mm over the maximum width
permitted under the requirement; and
25 (b) in the case of the height of a vehicle or a vehicle and its
load, is less than 150 mm over the maximum height
permitted under the requirement; and
(c) in the case of the length of a vehicle or a vehicle and its
load, is less than 350 mm over the maximum length
30 permitted under the requirement.
page 49
Road Traffic (Vehicles) Bill 2007
Part 5 Categories of breach of mass, dimension or loading
requirements
Division 3 Dimension requirements: categories of breach
s. 54
54. Dimension requirements: substantial risk breaches
(1) A breach of a dimension requirement is a substantial risk breach
if the extent of the breach --
(a) in the case of the width of a vehicle or a vehicle and its
5 load, is at least 40 mm but less than 80 mm over the
maximum width permitted under the requirement; and
(b) in the case of the height of a vehicle or a vehicle and its
load, is at least 150 mm but less than 300 mm over the
maximum height permitted under the requirement; and
10 (c) in the case of the length of a vehicle or a vehicle and its
load, is at least 350 mm but less than 600 mm over the
maximum length permitted under the requirement.
(2) A breach of a dimension requirement that would otherwise be a
minor risk breach under section 53(a) is a substantial risk breach
15 if the breach is committed --
(a) at night; or
(b) in weather conditions causing reduced visibility.
(3) A breach of a dimension requirement that would otherwise be a
minor risk breach under section 53(c) is a substantial risk breach
20 if an applicable warning requirement is not being complied with
at the time of the breach.
(4) A breach of a dimension requirement that would otherwise be a
minor risk breach under section 53(a), (b) or (c) is a substantial
risk breach if an applicable dangerous projection requirement is
25 not being complied with at the time of the breach.
55. Dimension requirements: severe risk breaches
(1) A breach of a dimension requirement is a severe risk breach if
the extent of the breach --
(a) in the case of the width of a vehicle or a vehicle and its
30 load, is 80 mm or more over the maximum width
permitted under the requirement; and
page 50
Road Traffic (Vehicles) Bill 2007
Categories of breach of mass, dimension or loading Part 5
requirements
Dimension requirements: categories of breach Division 3
s. 56
(b) in the case of the height of a vehicle or a vehicle and its
load, is 300 mm or more over the maximum height
permitted under the requirement; and
(c) in the case of the length of a vehicle or a vehicle and its
5 load, is 600 mm or more over the maximum length
permitted under the requirement.
(2) A breach of a dimension requirement that would otherwise be a
substantial risk breach under section 54(1)(a) is a severe risk
breach if the breach is committed --
10 (a) at night; or
(b) in weather conditions causing reduced visibility.
(3) A breach of a dimension requirement that would otherwise be a
substantial risk breach under section 54(1)(c) is a severe risk
breach if an applicable warning requirement is not being
15 complied with at the time of the breach.
(4) A breach of a dimension requirement that would otherwise be a
substantial risk breach under section 54(1)(a), (b) or (c) is a
severe risk breach if an applicable dangerous projection
requirement is not being complied with at the time of the
20 breach.
56. Dangerous projections
(1) A breach of a dangerous projection requirement in the case
where there is no breach of a dimension requirement or a
warning requirement, is to be taken to be a minor risk breach of
25 a dimension requirement if the breach is not committed --
(a) at night; or
(b) in weather conditions causing reduced visibility.
(2) A breach of a dangerous projection requirement in the case
where there is no breach of a dimension requirement or a
30 warning requirement, is to be taken to be a substantial risk
breach of a dimension requirement if the breach is
committed --
page 51
Road Traffic (Vehicles) Bill 2007
Part 5 Categories of breach of mass, dimension or loading
requirements
Division 4 Loading requirements: categories of breach
s. 57
(a) at night; or
(b) in weather conditions causing reduced visibility.
Division 4 -- Loading requirements: categories of breach
57. Determining whether breach of a loading requirement gives
5 rise to certain risks
For the purposes of this Division, in determining whether or not
a breach of a loading requirement gives rise to an appreciable
risk of harm to public safety, the environment, road
infrastructure or public amenity, regard is to be had to --
10 (a) the nature and extent of the breach; and
(b) the consequences or potential consequences of the
breach; and
(c) any other relevant factors.
58. Meaning of "imminent", "load becoming displaced or
15 unsecured"
(1) For the purposes of this Division, a load's becoming displaced
or unsecured is imminent if, in the opinion of the police officer
or court concerned, the load is likely to become displaced or
unsecured during the journey that is being, or is about to be,
20 undertaken by which the load is being or is to be transported,
having regard to --
(a) the nature and condition of the vehicle; and
(b) the nature, condition, placement and securing of the
load; and
25 (c) the length of the journey; and
(d) the nature and condition of the route of the journey; and
(e) any other relevant factors.
(2) For the purposes of this Division, the disembarkation of persons
from, or the movement of persons on, a vehicle does not
30 constitute the vehicles load's becoming displaced or unsecured.
page 52
Road Traffic (Vehicles) Bill 2007
Categories of breach of mass, dimension or loading Part 5
requirements
Loading requirements: categories of breach Division 4
s. 59
59. Loading requirements: minor risk breaches
A breach of a loading requirement is a minor risk breach if --
(a) the load concerned has not become displaced or
unsecured; and
5 (b) the load's becoming displaced or unsecured is not
imminent; and
(c) in the opinion of the police officer or court concerned,
the load's becoming displaced or unsecured would not
give rise to an appreciable risk of harm to public safety,
10 the environment, road infrastructure or public amenity.
60. Loading requirements: substantial risk breaches
(1) A breach of a loading requirement is a substantial risk breach
if --
(a) the load concerned has become displaced or unsecured;
15 or
(b) the load's becoming displaced or unsecured is imminent,
but, in the opinion of the police officer or court concerned, the
load's becoming displaced or unsecured does not or would not
give rise to an appreciable risk of harm to public safety, the
20 environment, road infrastructure or public amenity.
(2) A breach of a loading requirement is a substantial risk breach
if --
(a) the load concerned has not become displaced or
unsecured; or
25 (b) the load's becoming displaced or unsecured is not
imminent,
but, in the opinion of the police officer or court concerned, the
load's becoming displaced or unsecured is likely to occur,
although not imminently, and would give rise to an appreciable
30 risk of harm to public safety, the environment, road
infrastructure or public amenity.
page 53
Road Traffic (Vehicles) Bill 2007
Part 5 Categories of breach of mass, dimension or loading
requirements
Division 4 Loading requirements: categories of breach
s. 61
61. Loading requirements: severe risk breaches
A breach of a loading requirement is a severe risk breach if --
(a) the load concerned has become displaced or unsecured;
or
5 (b) the load's becoming displaced or unsecured is imminent,
and, in the opinion of the police officer or court concerned, the
load's becoming displaced or unsecured gives rise to an
appreciable risk of harm to public safety, the environment, road
infrastructure or public amenity.
page 54
Road Traffic (Vehicles) Bill 2007
Directions as to MDLR breaches, defect notices and Part 6
improvement notices
General Division 1
s. 62
Part 6 -- Directions as to MDLR breaches, defect
notices and improvement notices
Division 1 -- General
62. Application of Part in relation to other directions
5 This Part applies to a person regardless of whether or not the
person is, has been or becomes the subject of a direction under
the Road Traffic (Administration) Act 2007 Part 4.
Division 2 -- Rectification of breaches of mass, dimension or
loading requirements
10 63. Meaning of "rectification action"
In this Division --
"rectification action", in relation to a vehicle that a police
officer reasonably believes is involved in the commission
of a minor risk breach, a substantial risk breach or a severe
15 risk breach of a mass, dimension or loading requirement
means action that --
(a) stops the vehicle being involved in the commission of
the breach; or
(b) renders the vehicle unlikely to be involved in the
20 commission of a further and imminent breach of a
similar kind.
64. Minor risk breaches
(1) A police officer may give a direction under subsection (2) or (3)
if the officer reasonably believes that a vehicle is involved in the
25 commission of a minor risk breach, but not a substantial risk
breach or a severe risk breach, of a mass, dimension or loading
requirement and that --
(a) in the circumstances --
page 55
Road Traffic (Vehicles) Bill 2007
Part 6 Directions as to MDLR breaches, defect notices and
improvement notices
Division 2 Rectification of breaches of mass, dimension or loading
requirements
s. 64
(i) it is reasonable to take rectification action in
relation to the vehicle; and
(ii) the rectification action can be carried out easily;
or
5 (b) rectification action is necessary in the public interest to
minimise the potential risk of harm to public safety, the
environment, road infrastructure or public amenity
arising from the breach; or
(c) other circumstances justify the giving of the direction.
10 (2) A police officer to whom subsection (1) applies may, having
specified the alleged minor risk breach, direct the driver or a
co-driver of, or a responsible person for, the vehicle to there and
then take rectification action in relation to the vehicle.
(3) A police officer to whom subsection (1) applies and who also
15 reasonably believes that the vehicle should be moved to another
location may, having specified the alleged minor risk breach,
direct the driver or a co-driver of, or a responsible person for,
the vehicle --
(a) to move the vehicle or cause it to be moved to a location
20 specified by the officer that the officer reasonably
believes is suitable for the purpose of complying with
the direction, having regard to any matters the officer
considers relevant in the circumstances and --
(i) that is within a distance of 30 km from the
25 location of the vehicle when the direction is
given; or
(ii) if the direction is given in the course of a journey
of the vehicle, that is along the forward route of
the journey;
30 and
(b) to ensure that the vehicle remains at the specified
location until rectification action is taken in relation
to it.
page 56
Road Traffic (Vehicles) Bill 2007
Directions as to MDLR breaches, defect notices and Part 6
improvement notices
Rectification of breaches of mass, dimension or loading Division 2
requirements
s. 65
65. Substantial risk breaches
(1) A police officer must give a direction under subsection (2) if the
officer reasonably believes that a vehicle is involved in the
commission of a substantial risk breach, but not a severe risk
5 breach, of a mass, dimension or loading requirement and that --
(a) moving the vehicle to another location is necessary in
the public interest to minimise the potential risk of harm
to public safety, the environment, road infrastructure or
public amenity arising from the breach; or
10 (b) specific instructions or standing instructions have been
given by the CEO that require the moving of the vehicle
in the relevant circumstances; or
(c) other circumstances justify the moving of the vehicle to
another location.
15 (2) A police officer to whom subsection (1) applies must, having
specified the alleged substantial risk breach, direct the driver or
a co-driver of, or a responsible person for, the vehicle --
(a) to move the vehicle or cause it to be moved to a location
specified by the officer that the officer reasonably
20 believes is suitable for the purpose of complying with
the direction, having regard to any matters the officer
considers relevant in the circumstances; and
(b) to ensure that the vehicle remains at the specified
location until rectification action is taken in relation
25 to it.
(3) A location specified under subsection (2) may, but need not,
be --
(a) the intended destination of the journey concerned; or
(b) the base of the driver of the vehicle concerned.
30 (4) A police officer must give a direction under subsection (5) if the
officer reasonably believes that a vehicle is involved in the
commission of a substantial risk breach, but not a severe risk
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Road Traffic (Vehicles) Bill 2007
Part 6 Directions as to MDLR breaches, defect notices and
improvement notices
Division 2 Rectification of breaches of mass, dimension or loading
requirements
s. 66
breach, of a mass, dimension or loading requirement and does
not have a reasonable belief in relation to a matter mentioned in
subsection (1)(a), (b) or (c).
(5) A police officer to whom subsection (4) applies must, having
5 specified the alleged substantial risk breach, direct the driver or
a co-driver of, or a responsible person for, the vehicle to ensure
that the vehicle remains at the location where the direction is
given until rectification action is taken in relation to it.
66. Severe risk breaches
10 (1) A police officer must give a direction under subsection (3) if the
officer reasonably believes that a vehicle is involved in the
commission of a severe risk breach of a mass, dimension or
loading requirement and that --
(a) moving the vehicle to another location is justified in the
15 circumstances because --
(i) there is a risk to the welfare of people or live
animals in or on the vehicle; or
(ii) there is an appreciable risk of harm to public
safety, the environment, road infrastructure or
20 public amenity;
or
(b) specific instructions or standing instructions have been
given by the CEO that require the moving of the vehicle
in the relevant circumstances.
25 (2) In deciding whether there is an appreciable risk of harm to
public safety, the environment, road infrastructure or public
amenity the police officer may take into account the safety of
the vehicle or any load in or on it but is to give greater weight to
the welfare of people or live animals in or on the vehicle and the
30 safety of other property or of people, the environment, road
infrastructure or public amenity.
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Directions as to MDLR breaches, defect notices and Part 6
improvement notices
Rectification of breaches of mass, dimension or loading Division 2
requirements
s. 67
(3) A police officer to whom subsection (1) applies must, having
specified the alleged severe risk breach, direct the driver or a
co-driver of, or a responsible person for, the vehicle --
(a) to move the vehicle or cause it to be moved to a location
5 specified by the officer at which the officer reasonably
believes the vehicle would pose a reduced risk or no
appreciable risk of harm to public safety, the
environment, road infrastructure or public amenity; and
(b) to ensure that the vehicle remains at the specified
10 location until rectification action is taken in relation
to it.
(4) A police officer must give a direction under subsection (5) if the
officer reasonably believes that a vehicle is involved in the
commission of a severe risk breach of a mass, dimension or
15 loading requirement and does not have a reasonable belief in
relation to a matter mentioned in subsection (1)(a) or (b).
(5) A police officer to whom subsection (4) applies must, having
specified the alleged severe risk breach, direct the driver or a
co-driver of, or a responsible person for, the vehicle to ensure
20 that the vehicle remains at the location where the direction is
given until rectification action is taken in relation to it.
67. Directions etc. to be complied with
A person to whom a direction is given under section 64(2)
or (3), 65(2) or (5) or 66(3) or (5) must not, without reasonable
25 excuse, fail to comply with the direction.
Penalty: a fine of 100 PU.
68. Authorisation to continue journey if only minor risk
breaches
(1) This section applies if, in the course of a journey, a vehicle is
30 involved in the commission of a breach of a mass, dimension or
loading requirement and the continuation of the journey would
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Road Traffic (Vehicles) Bill 2007
Part 6 Directions as to MDLR breaches, defect notices and
improvement notices
Division 2 Rectification of breaches of mass, dimension or loading
requirements
s. 69
involve the continuation of or a further breach of a mass,
dimension or loading requirement.
(2) A police officer may authorise the continuation of the journey
if --
5 (a) the officer reasonably believes that the continuation
would not involve the commission of a substantial risk
breach or a severe risk breach of a mass, dimension or
loading requirement; and
(b) any direction given to take rectification action in relation
10 to the vehicle has been complied with.
69. Operation of directions in relation to detachable vehicles
A direction given under section 64(2) or (3), 65(2) or (5)
or 66(3) or (5) in relation to a vehicle to which is attached
another vehicle does not apply to the attached vehicle unless --
15 (a) the direction --
(i) requires rectification action to be taken in
relation to the attached vehicle; or
(ii) prevents the attached vehicle from being
separately driven or moved;
20 or
(b) moving the attached vehicle when detached would in
itself involve the contravention of a road law.
70. Directions and authorisations to be in writing
(1) A direction under section 64(2) or (3), 65(2) or (5) or 66(3)
25 or (5) and an authorisation under section 68(2) is to be in
writing.
(2) Subsection (1) does not apply --
(a) in the case of a direction to move a vehicle, if the
moving is carried out in the presence of, or under the
30 supervision of, a police officer; or
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Directions as to MDLR breaches, defect notices and Part 6
improvement notices
Defect notices Division 3
s. 71
(b) in prescribed circumstances.
Division 3 -- Defect notices
71. Terms used in this Division
In this Division --
5 "defect", in relation to a vehicle, means a respect in which the
vehicle does not comply with a requirement under a
regulation made under section 132(2)(b)(i), (ii), (iii), (iv)
or (vii) that applies to the vehicle;
"defect notice" means a notice mentioned in section 72(1);
10 "inspection station" means premises at which vehicles are
examined and tested for the purposes of this Act and that
are operated by --
(a)the CEO; or
(b)a person authorised by the CEO to establish such
15 premises;
"vehicle examiner" means --
(a) a public service officer who holds an office, post or
position in the department principally assisting the
Minister in the administration of this Act and whose
20 principal function is to examine and test vehicles for
the purposes of this Act; or
(b) a person authorised by the CEO as a person to
examine and test vehicles for the purposes of
this Act.
25 72. Notices in relation to vehicle defects
(1) A police officer who reasonably believes that a vehicle has a
defect may issue a notice (a "defect notice") for the vehicle
containing a direction that --
(a) the vehicle is not to be driven at all; or
30 (b) the vehicle is not to be driven except at a time or during
a period specified in the direction; or
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Part 6 Directions as to MDLR breaches, defect notices and
improvement notices
Division 3 Defect notices
s. 73
(c) the vehicle is not to be driven except by a route,
specified in the direction, to the nearest police station,
inspection station, place where repairs can be carried out
or other suitable place; or
5 (d) the vehicle is not to be driven except in accordance with
any reasonable condition specified in the direction.
(2) If a police officer issues a defect notice for a vehicle, the police
officer may, where appropriate, give reasonable directions to the
driver or a co-driver of the vehicle about moving the vehicle to
10 a safer or more convenient place until the vehicle can be
removed from the road or otherwise dealt with in accordance
with the notice.
73. Form and content of defect notices
A defect notice is to --
15 (a) be in writing in a form approved by the CEO; and
(b) specify the alleged defect; and
(c) set out each direction given under section 72(1) and, if
relevant, section 72(2); and
(d) state when the notice comes into force, being either --
20 (i) when the notice is issued; or
(ii) a later time.
74. Service of defect notices
(1) A person who issues a defect notice for a vehicle must serve the
notice --
25 (a) by serving a copy of the defect notice personally on the
driver of the vehicle and affixing, in a conspicuous place
on the vehicle, a sticker in a form approved by the CEO
indicating that a defect notice is in force for the vehicle;
or
30 (b) by affixing a copy of the defect notice to the vehicle in a
conspicuous place.
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Directions as to MDLR breaches, defect notices and Part 6
improvement notices
Defect notices Division 3
s. 75
(2) While a defect notice is in force, a person must not --
(a) damage or destroy the notice or a copy of it; or
(b) remove from the vehicle a sticker affixed to the vehicle
under subsection (1)(a); or
5 (c) if a copy of the notice is affixed to the vehicle under
subsection (1)(b), remove the copy from the vehicle
except for the purpose of ensuring that the notice is
complied with.
Penalty: a fine of 40 PU.
10 (3) Subsection (2)(b) does not apply to a person who is repairing a
vehicle if --
(a) it is reasonably necessary to remove the sticker in order
to rectify a defect specified in the notice; and
(b) the person re-affixes the undamaged sticker to the
15 vehicle when the defect has been rectified; and
(c) the vehicle is not driven on a road until the undamaged
sticker has been re-affixed.
75. Duration of defect notice
(1) A defect notice has effect from the time stated in the notice.
20 (2) A defect notice ceases to have effect when --
(a) a vehicle examiner, or an authorised police officer, finds
that each defect specified in the notice has been
rectified; or
(b) a vehicle examiner issues a further defect notice in
25 respect of a defect of the vehicle.
(3) In subsection (2) --
"authorised police officer", in relation to a defect of a vehicle,
means a police officer, or a police officer of a class,
authorised by the CEO to examine defects of that type.
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Road Traffic (Vehicles) Bill 2007
Part 6 Directions as to MDLR breaches, defect notices and
improvement notices
Division 3 Defect notices
s. 76
76. Defect notices and directions to be complied with
(1) If there is affixed to a vehicle --
(a) under section 74(1)(a), a sticker; or
(b) under section 74(1)(b), a copy of a defect notice,
5 a person must not, without reasonable excuse, drive the vehicle,
or cause or permit the vehicle to be driven, on a road unless the
vehicle is driven in accordance with the applicable defect
notice.
(2) A person does not commit an offence under subsection (1) if the
10 vehicle is driven solely for the purpose of taking the vehicle
directly from the place where a defect specified in the notice
was rectified to the nearest available vehicle examiner or
inspection station.
(3) A person to whom a direction is given under section 72(2) must
15 not, without reasonable excuse, fail to comply with the
direction.
Penalty applicable to subsections (1) and (3): a fine of 50 PU.
77. Powers of vehicle examiners
A vehicle examiner has, in relation to a vehicle submitted for
20 examination by the owner of the vehicle, the CEO or a police
officer --
(a) all the powers that a police officer has under this
Division; and
(b) all the powers that a police officer has under the Road
25 Traffic (Administration) Act 2007 in relation to the
exercise of those powers.
page 64
Road Traffic (Vehicles) Bill 2007
Directions as to MDLR breaches, defect notices and Part 6
improvement notices
Improvement notices Division 4
s. 78
Division 4 -- Improvement notices
78. Terms used in this Division
In this Division --
"approved officer" means --
5 (a) a warden nominated by the CEO as an approved
officer for the purposes of this Division; or
(b) a warden of a class of wardens nominated by the
CEO as approved officers for the purposes of this
Division; or
10 (c) a police officer nominated as an approved officer for
the purposes of this Division by --
(i) the Commissioner of Police; or
(ii) a police officer authorised by the
Commissioner to make nominations for the
15 purposes of this definition;
or
(d) a police officer of a class of police officers nominated
as approved officers for the purposes of this Division
by --
20 (i) the Commissioner of Police; or
(ii) a police officer authorised by the
Commissioner to make nominations for the
purposes of this definition;
"improvement notice" means a notice mentioned in
25 section 79(1) or (2);
"warden" means a person authorised under the Road Traffic
(Administration) Act 2007 section 22 to perform a function
that can be performed by a warden.
79. Improvement notices
30 (1) An approved officer who reasonably believes that a person is
involved in the commission of a breach of a mass, dimension or
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Road Traffic (Vehicles) Bill 2007
Part 6 Directions as to MDLR breaches, defect notices and
improvement notices
Division 4 Improvement notices
s. 80
loading requirement in the course of a commercial operation
may give the person a notice requiring the person to take action
that --
(a) stops the person being involved in the commission of
5 the breach; or
(b) renders the person unlikely to be involved in the
commission of a further breach of a similar kind.
(2) An approved officer who reasonably believes that a person is
likely to become involved in the commission of a breach of a
10 mass, dimension or loading requirement in the course of a
commercial operation may give the person a notice requiring the
person to take action that renders the person unlikely to become
involved in the commission of the breach.
80. Form and content of improvement notices
15 (1) An improvement notice must --
(a) be in writing; and
(b) state that it is given under section 79(1) or (2), as is
applicable in the case; and
(c) state that the approved officer is of the belief mentioned
20 in section 79(1) or (2), as is applicable in the case; and
(d) state the grounds for the belief; and
(e) specify the mass, dimension or loading requirement in
respect of which the belief is held; and
(f) state the time before which the person is required to
25 comply with the notice which --
(i) may be less than 7 days after service of the
notice if the approved officer is satisfied that it is
reasonably practicable for the person to comply
with the notice by the end of that time; or
30 (ii) must be at least 7 days after service of the notice
if subparagraph (i) does not apply;
and
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Road Traffic (Vehicles) Bill 2007
Directions as to MDLR breaches, defect notices and Part 6
improvement notices
Improvement notices Division 4
s. 81
(g) include information about obtaining a review of the
notice.
(2) The improvement notice may but need not specify the action to
be taken.
5 81. Improvement notice to be complied with
(1) A person who is given an improvement notice must not, without
reasonable excuse, fail to comply with the notice.
Penalty: a fine of 200 PU.
(2) In a prosecution for an offence under subsection (1) it is a
10 defence for the person charged to prove that, by the time stated
in the improvement notice for compliance with the notice,
action had been taken that --
(a) stopped the person being involved in the commission of
the breach; or
15 (b) rendered the person unlikely to be involved in the
commission of a further breach of a similar kind; or
(c) rendered the person unlikely to become involved in the
commission of the breach,
as is applicable in the case, even though the action was different
20 from that specified in the notice.
82. Amendment of improvement notices
(1) An improvement notice given by an approved officer who is a
warden may be amended by another approved officer who is a
warden.
25 (2) An improvement notice given by an approved officer who is a
police officer may be amended by another approved officer who
is a police officer.
(3) An improvement notice cannot be amended in relation to a
mass, dimension or loading requirement that is not the subject
30 of the improvement notice.
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Road Traffic (Vehicles) Bill 2007
Part 6 Directions as to MDLR breaches, defect notices and
improvement notices
Division 4 Improvement notices
s. 83
(4) An amendment of an improvement notice is made by giving
notice of the amendment to the person who was given the
improvement notice.
(5) Notice of an amendment of an improvement notice must --
5 (a) be in writing; and
(b) state that it is given under this section; and
(c) state the terms of the amendment; and
(d) state the reasons for the amendment; and
(e) include information about obtaining a review of the
10 notice.
83. Cancellation of improvement notices
(1) An improvement notice given by an approved officer who is a
warden may be cancelled by the CEO.
(2) An improvement notice given by an approved officer who is a
15 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 officer who gave the notice.
(3) Notice of cancellation of an improvement notice must be in
20 writing and given to the person who was given the improvement
notice.
(4) The regulations may make provision for or with respect to
determining the seniority in rank of officers for the purposes of
this section.
25 84. 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.
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Directions as to MDLR breaches, defect notices and Part 6
improvement notices
Improvement notices Division 4
s. 84
(2) An approved officer may issue a clearance certificate in respect
of an improvement notice given by another approved officer
whether the other approved officer is a police officer or a
warden.
5 (3) A clearance certificate to the effect that all requirements of an
improvement notice have been complied with is conclusive
evidence of compliance with all the requirements.
(4) A clearance certificate to the effect that a specific requirement
of an improvement notice has been complied with is conclusive
10 evidence of compliance with that requirement.
page 69
Road Traffic (Vehicles) Bill 2007
Part 7 Container weight declarations
Division 1 Obligations in relation to container weight declarations
s. 85
Part 7 -- Container weight declarations
Division 1 -- Obligations in relation to container
weight declarations
85. Terms used in this Division
5 In this Division --
"complying container weight declaration" means a container
weight declaration for a consigned freight container --
(a) that sets out --
(i) the number and such other particulars of the
10 consigned freight container as are necessary to
identify the container; and
(ii) the name and home address, and in the case of
an individual the business address, in
Australia of the responsible entity for the
15 consigned freight container; and
(iii) the date of the declaration; and
(iv) any other information required by the
regulations;
and
20 (b) the contents of which declaration are readily
available to a police officer who seeks to ascertain its
contents, there and then in the presence of the
consigned freight container, whether by examining
documents located in or on the vehicle or by
25 obtaining the information by other means; and
(c) in a form that complies with prescribed requirements;
"consigned freight container" means a freight container that is
consigned for road transport, or for transport partly by road
and partly by some other means;
30 "container weight declaration", in relation to a consigned
freight container, means a declaration that states or purports
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Road Traffic (Vehicles) Bill 2007
Container weight declarations Part 7
Obligations in relation to container weight declarations Division 1
s. 86
to state the weight of the container and its contents and
includes a copy or a version of such a declaration in any
form.
86. Form of container weight declaration
5 A container weight declaration may be --
(a) in one or more documents or other formats, including in
electronic form; or
(b) wholly or partly in a placard attached or affixed to the
consigned freight container; or
10 (c) in a form that complies with prescribed requirements.
87. Duty of responsible entity
(1) A responsible entity who offers a consigned freight container to
a responsible person for a vehicle for transport in this State by
the vehicle must ensure that, before the start of the transport of
15 the container in this State --
(a) the responsible person is provided with a complying
container weight declaration relating to the container; or
(b) the driver or a co-driver of the vehicle is provided with a
complying container weight declaration relating to the
20 container.
Penalty: a fine of 50 PU.
(2) In a prosecution for an offence under subsection (1) the person
charged has the benefit of the reasonable steps defence.
88. Duty of responsible person
25 (1) A responsible person for a vehicle who arranges for a consigned
freight container to be transported in this State by the vehicle
must ensure that, before the start of the journey in the course of
the transport of the container in this State, the driver or a
co-driver of the vehicle is provided with a complying container
30 weight declaration relating to the container.
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Road Traffic (Vehicles) Bill 2007
Part 7 Container weight declarations
Division 1 Obligations in relation to container weight declarations
s. 89
(2) A responsible person for a vehicle who arranges for a consigned
freight container to be transported in this State by the vehicle
and another road or rail carrier must ensure that, by the time the
other carrier receives the container, the other carrier is provided
5 with a complying container weight declaration relating to the
container.
Penalty applicable to subsections (1) and (2): a fine of 50 PU.
(3) A responsible person for a vehicle is to be taken to have
committed an offence under subsection (1) if neither the driver
10 nor any co-driver has a complying container weight declaration
relating to the consigned freight container unless the responsible
person proves that the driver or a co-driver was provided with
the declaration.
(4) In a prosecution for an offence under subsection (1) or (2) the
15 person charged has the benefit of the reasonable steps defence.
89. Duty of driver
(1) A person must not drive, or be a co-driver of, a vehicle loaded
with a consigned freight container on a road in this State
without ensuring that the driver or a co-driver of the vehicle has
20 been provided with a complying container weight declaration
relating to the container.
(2) A person who is the driver or a co-driver of a vehicle loaded
with a consigned freight container who has been provided with
a complying container weight declaration relating to the
25 container must, during the course of a journey in this State, keep
the declaration in or about the vehicle or in a form that enables
the declaration to be readily accessed from the vehicle.
Penalty applicable to subsections (1) and (2): a fine of 50 PU.
(3) In a prosecution for an offence under subsection (1) or (2) the
30 person charged has the benefit of the reasonable steps defence.
page 72
Road Traffic (Vehicles) Bill 2007
Container weight declarations Part 7
Recovery of losses resulting from not providing accurate Division 2
container weight declarations
s. 90
Division 2 -- Recovery of losses resulting from not providing
accurate container weight declarations
90. Recovery of losses if container weight declaration not
provided
5 (1) A person who suffers loss as a result of a container weight
declaration not being provided as required under
section 87(1)(a) or 88(1) or (2) --
(a) has, by virtue of this section, a right to recover, from the
responsible entity for the relevant consigned freight
10 container, the monetary value of any loss incurred by the
person as a result of a container weight declaration
relating to the container not being provided; and
(b) may enforce that right by bringing proceedings in a
court of competent jurisdiction for an order for payment
15 of the monetary value of the loss.
(2) Losses that may be recovered include any or all of the
following --
(a) any loss incurred from delays in the delivery of the
consigned freight container or any goods contained in it
20 or of other goods;
(b) any loss incurred as a result of the goods being spoiled
or damaged;
(c) any loss incurred from the need to provide another
vehicle, and any loss incurred from any delay in the
25 provision of another vehicle;
(d) any costs or expenses incurred in weighing the
consigned freight container or any of its contents or
both.
page 73
Road Traffic (Vehicles) Bill 2007
Part 7 Container weight declarations
Division 2 Recovery of losses resulting from not providing accurate
container weight declarations
s. 91
91. Recovery of losses for provision of inaccurate container
weight declaration
(1) This section applies if --
(a) a container weight declaration relating to a consigned
5 freight container is provided as required under
section 87(1)(a) or 88(1) or (2); and
(b) the declaration contains information --
(i) that is false or misleading in a material particular
by understating the weight of the container; or
10 (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 occurs as a result of the
15 reliance, by a responsible person for a vehicle or the
driver or co-driver of a vehicle, on the information in the
declaration when transporting the container by vehicle
by road (whether or not enforcement action has been or
may be taken in relation to the breach); and
20 (d) at the time of the breach a responsible person for the
vehicle or the driver or co-driver of the vehicle, as is
relevant to the case --
(i) reasonably believed that the vehicle was not in
breach of a mass requirement; and
25 (ii) did not know, and could not reasonably be
expected to know, that the weight stated or
indicated in the declaration was lower than the
actual weight of the container;
and
30 (e) a person suffers loss as a result of the reliance
mentioned in paragraph (c).
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Road Traffic (Vehicles) Bill 2007
Container weight declarations Part 7
Recovery of losses resulting from not providing accurate Division 2
container weight declarations
s. 92
(2) A person mentioned in subsection (1)(e) --
(a) has, by virtue of this section, a right to recover, from the
responsible entity for the consigned freight container,
the monetary value of any loss incurred by the person as
5 a result of the reliance mentioned in subsection (1)(c);
and
(b) 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.
10 (3) Losses that may be recovered by a person mentioned in
subsection (1)(e) include any or all of the following --
(a) any fine, penalty under an infringement notice or other
penalty imposed on the person for an MDLR offence;
(b) any fine, penalty under an infringement notice or other
15 penalty imposed on an agent or employee of the person
for an MDLR offence and reimbursed by the person;
(c) any loss incurred from delays in the delivery of the
consigned freight container or any goods contained in it
or of other goods;
20 (d) any loss incurred as a result of the goods being spoiled
or damaged;
(e) any loss incurred from the need to provide another
vehicle, and any loss incurred from any delay in the
provision of another vehicle;
25 (f) any costs or expenses incurred in weighing the
consigned freight container or any of its contents or
both.
92. Recovery of amount by responsible entity
(1) This section applies if an order under section 91 has been made
30 or is being sought against a responsible entity for payment of
the monetary value of any loss incurred by a person.
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Road Traffic (Vehicles) Bill 2007
Part 7 Container weight declarations
Division 2 Recovery of losses resulting from not providing accurate
container weight declarations
s. 93
(2) The responsible entity has, by virtue of this section, a right to
recover, 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
5 "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
10 provider in the proceedings for the order under
section 91 and applying to the court for an order for
payment of the attributable amount to be made when the
order is made under that section; or
(b) bringing separate proceedings in a court of competent
15 jurisdiction for an order for payment of the attributable
amount.
93. Assessment of monetary value or attributable amount
(1) In making an order under this Division, a court may assess in
the manner that it considers appropriate --
20 (a) the monetary value of any loss, as mentioned in
section 90 or 91; or
(b) the attributable amount, as mentioned in section 92.
(2) In making such an assessment, the court may take into account
any matter that it considers relevant, including evidence
25 adduced in connection with a prosecution brought for a breach
mentioned in section 91(1)(c).
94. Costs
(1) A court may award costs in relation to the proceedings for an
order under this Division.
30 (2) A court may, in proceedings for an order under this Division,
order payment of any costs or expenses incurred in weighing a
consigned freight container or any of its contents or both, if --
page 76
Road Traffic (Vehicles) Bill 2007
Container weight declarations Part 7
Recovery of losses resulting from not providing accurate Division 2
container weight declarations
s. 94
(a) the weight stated or indicated in the container weight
declaration concerned was lower than the actual weight
of the container; or
(b) a container weight declaration was not provided.
5 (3) An order under subsection (2) may be made in favour of a party
to the proceedings, the CEO or a public authority of this or any
other jurisdiction.
page 77
Road Traffic (Vehicles) Bill 2007
Part 8 Other MDLR offences
Division 1 False or misleading transport documentation offences
s. 95
Part 8 -- Other MDLR offences
Division 1 -- False or misleading transport
documentation offences
95. Terms used in this Division
5 In this Division --
"in the State", in relation to road transport, includes road
transport in the State as part of a journey that is also partly
outside the State;
"road transport" includes transport partly by road and partly
10 by some other means.
96. Consignors: transport documentation
A person who is a consignor of goods commits an offence if the
transport documentation relating to the consignment of the
goods for road transport in the State is false or misleading in a
15 material particular relating to a mass, dimension or loading
requirement that is applicable to any or all of the goods.
Penalty: a fine of 200 PU.
97. Packers: transport documentation
A person who is a packer of goods commits an offence if --
20 (a) the goods are packed in Australia in a freight container
or other container or in a package or on a pallet for road
transport; and
(b) the transport documentation relating to the consignment
of the goods for road transport in the State is false or
25 misleading in a material particular relating to a mass,
dimension or loading requirement that is applicable to
any or all of the goods.
Penalty: a fine of 200 PU.
page 78
Road Traffic (Vehicles) Bill 2007
Other MDLR offences Part 8
False or misleading transport documentation offences Division 1
s. 98
98. Loaders: transport documentation
A person who is a loader in relation to a vehicle commits an
offence if --
(a) goods are loaded on the vehicle for road transport; and
5 (b) the transport documentation relating to the consignment
of the goods for road transport in the State is false or
misleading in a material particular relating to a mass,
dimension or loading requirement that is applicable to
any or all of the goods.
10 Penalty: a fine of 200 PU.
99. Receivers: transport documentation
(1) In this section --
"receiver" of goods in Australia means the person who is the
first person to either --
15 (a) receive the goods in Australia otherwise than as a
person who merely unloads them; or
(b) unpack the goods after they are first unloaded in
Australia,
but does not include a person of a class declared by the
20 regulations to be excluded from this definition.
(2) A person who is a receiver of the goods in Australia commits an
offence if --
(a) the goods are packed outside Australia in a freight
container or other container or in a package or on a
25 pallet for road transport; and
(b) the transport documentation relating to the consignment
of the goods for road transport in the State is false or
misleading in a material particular relating to a mass,
dimension or loading requirement that is applicable to
30 any or all of the goods.
Penalty: a fine of 200 PU.
page 79
Road Traffic (Vehicles) Bill 2007
Part 8 Other MDLR offences
Division 1 False or misleading transport documentation offences
s. 100
100. Responsible entity: container weight declaration
A responsible entity mentioned in section 87(1) commits an
offence if the container weight declaration provided in
accordance with that provision contains information that is false
5 or misleading in a material particular.
Penalty: a fine of 200 PU.
101. Responsible person for vehicle: container weight declaration
A responsible person for a vehicle who is mentioned in
section 88(1) or (2) commits an offence if the container weight
10 declaration provided in accordance with the respective provision
contains information that is false or misleading in a material
particular.
Penalty: a fine of 200 PU.
102. Container weight declaration: certain information not
15 necessarily false or misleading
For the purposes of this Part, information in a container weight
declaration is not false or misleading in a material particular just
because it overstates the weight of the freight container and its
contents.
20 103. Reasonable steps defence
In a prosecution for an offence under section 96, 97, 98, 99(2),
100 or 101 the person charged has the benefit of the reasonable
steps defence.
page 80
Road Traffic (Vehicles) Bill 2007
Other MDLR offences Part 8
Miscellaneous MDLR offences Division 2
s. 104
Division 2 -- Miscellaneous MDLR offences
104. Weight of freight container: consignors' duties
(1) A person who is a consignor of any of the goods in a freight
container that are consigned for road transport commits an
5 offence if the weight of the freight container exceeds the
maximum gross weight as marked on the container or on the
container's safety approval plate.
Penalty: a fine of 100 PU.
(2) In a prosecution for an offence under subsection (1) the person
10 charged has the benefit of the reasonable steps defence.
105. Weight of freight container: packers' duties
(1) A person who is a packer of any goods in a freight container
that are consigned for road transport commits an offence if the
weight of the freight container exceeds the maximum gross
15 weight as marked on the container or on the container's safety
approval plate.
Penalty: a fine of 100 PU.
(2) In a prosecution for an offence under subsection (1) the person
charged has the benefit of the reasonable steps defence.
20 106. Dismissal or other victimisation of employee or contractor
assisting with or reporting breaches
(1) In this section --
"contractor" means an individual who works under a contract
for services;
25 "public agency" means the CEO, a corresponding authority, an
Australian police officer, a warden or any other public
authority of any jurisdiction.
(2) An employer must not dismiss an employee or contractor, injure
an employee or contractor in his or her employment or alter an
page 81
Road Traffic (Vehicles) Bill 2007
Part 8 Other MDLR offences
Division 2 Miscellaneous MDLR offences
s. 106
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 an MDLR offence or an alleged
5 MDLR offence; or
(b) has made a complaint about an MDLR offence or an
alleged MDLR offence to the employer, a fellow
employee or fellow contractor, a trade union or a public
agency.
10 Penalty: a fine of 200 PU.
(3) 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
15 prospective employee or prospective 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
20 agency in respect of an MDLR offence or an alleged
MDLR offence; or
(b) has made a complaint about an MDLR offence or an
alleged MDLR offence to a former employer, a former
fellow employee or former fellow contractor, a trade
25 union or a public agency.
Penalty: a fine of 200 PU.
(4) In a prosecution for an offence under subsection (2) or (3), if all
the facts constituting the offence other than the reason for the
accused's action are proved, the accused has the onus of proving
30 that the accused's action was not actuated by the reason alleged
in the charge.
(5) If a person is found guilty of an offence under subsection (2)
or (3), the court may, in addition to imposing a penalty on the
offender, make either or both of the following orders --
page 82
Road Traffic (Vehicles) Bill 2007
Other MDLR offences Part 8
Miscellaneous MDLR offences Division 2
s. 107
(a) an order that the offender pay, within a period specified
by the court, the employee or contractor or the
prospective employee or prospective contractor such
damages as the court thinks fit by way of compensation;
5 (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
10 (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.
15 (6) The maximum amount of damages awarded under
subsection (5) is not to exceed the monetary jurisdictional limit
of the court in civil proceedings.
(7) An order for payment of damages under subsection (5) is
enforceable as if it were a judgment of the court in its civil
20 jurisdiction.
(8) A person must comply with an order under subsection (5).
Penalty: a fine of 200 PU.
107. Coercing, inducing or offering incentive
(1) In this section --
25 "urge another person to commit an MDLR offence" includes
to threaten, intimidate, coerce, induce or offer an incentive
to another person to commit the offence.
(2) A person must not urge another person to commit an
MDLR offence.
30 Penalty: a fine of 200 PU.
page 83
Road Traffic (Vehicles) Bill 2007
Part 8 Other MDLR offences
Division 2 Miscellaneous MDLR offences
s. 108
(3) This section does not affect the liability of the person who
actually committed the offence.
108. Certain false or misleading information not to be provided
to involved persons
5 (1) An involved person must not provide to another involved 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
10 misleading in a material particular; and
(b) the material particular relates to an MDLR offence that
is or could be committed by any other involved person if
that person were to rely on the material particular; and
(c) the person receiving the information does not know and
15 could not reasonably be expected to know or ascertain
that the information is false or misleading in that
particular.
Penalty: a fine of 200 PU.
(2) In a prosecution for an offence under subsection (1) in which it
20 is alleged that the information was given in written form, it is a
defence for the person charged to prove that at the time the
person gave the information to the other involved person, the
person charged informed the other involved person that the
information was false or misleading in a material particular and
25 specified in what respect it was false or misleading.
(3) For the purposes of this section, information in a container
weight declaration is not false or misleading in a material
particular just because it overstates the weight of the freight
container and its contents.
page 84
Road Traffic (Vehicles) Bill 2007
Liability for MDLR offences committed by other persons Part 9
s. 109
Part 9 -- Liability for MDLR offences committed by
other persons
109. Liability of the officers of bodies corporate
(1) In this section --
5 "officer", in relation to a body corporate, has the meaning given
in the Corporations Act 2001 of the Commonwealth but
does not include an employee of the body unless the
employee is concerned in the management of the body.
(2) If a body corporate is charged with an MDLR offence, every
10 person who was an officer of the body at the time the offence is
alleged to have been committed may also be charged with the
offence.
(3) If a body corporate and an officer are charged as permitted by
subsection (2) and the body corporate is convicted of the
15 offence, the officer is to be taken to have also committed the
offence, subject to subsection (6).
(4) If a body corporate commits an MDLR offence, then, although
the body is not charged with the offence, every person who was
an officer of the body at the time the offence is alleged to have
20 been committed may be charged with the offence.
(5) If an officer is charged as permitted by subsection (4) and it is
proved that the body corporate committed the offence, the
officer is to be taken to have also committed the offence, subject
to subsection (6).
25 (6) An officer who is charged under this section with an offence has
the benefit of the reasonable steps defence in a prosecution for
the offence.
page 85
Road Traffic (Vehicles) Bill 2007
Part 9 Liability for MDLR offences committed by other persons
s. 110
110. Liability of partners and persons managing partnerships
(1) In this section --
"MDLR offence" means an MDLR offence committed or
alleged to have been committed in the course of the
5 activities of the relevant partnership;
"partner", in relation to a partnership, includes each person
who is concerned in the management of the partnership.
(2) If a person who is a partner in a partnership is charged with an
MDLR offence, every person who was a partner of the person at
10 the time the offence is alleged to have been committed may also
be charged with the offence.
(3) If a person and a partner are charged as permitted by
subsection (2) and the person is convicted of the offence, the
partner is to be taken to have also committed the offence,
15 subject to subsection (6).
(4) If a person who is a partner in a partnership commits an MDLR
offence then, although the person is not charged with the
offence, every person who was a partner of the person at the
time the offence is alleged to have been committed may be
20 charged with the offence.
(5) If a partner is charged as permitted by subsection (4) and it is
proved that the first-mentioned person committed the offence,
the partner is to be taken to have also committed the offence,
subject to subsection (6).
25 (6) A partner who is charged under this section with an offence has
the benefit of the reasonable steps defence in a prosecution for
the offence.
page 86
Road Traffic (Vehicles) Bill 2007
Liability for MDLR offences committed by other persons Part 9
s. 111
111. Liability of persons managing unincorporated associations
(1) In this section --
"MDLR offence" means an MDLR offence committed or
alleged to have been committed in the course of the
5 activities of the relevant unincorporated association.
(2) If a person who is concerned in the management of an
unincorporated association ("person 1") is charged with an
MDLR offence, every other person who was concerned in the
management of the unincorporated association at the time the
10 offence is alleged to have been committed may also be charged
with the offence.
(3) If person 1 and another person are charged as permitted by
subsection (2) and person 1 is convicted of the offence, the
other person is to be taken to have also committed the offence,
15 subject to subsection (6).
(4) If a person who is concerned in the management of an
unincorporated association ("person 1") commits an MDLR
offence then, although person 1 is not charged with the offence,
every other person who was concerned in the management of
20 the unincorporated association at the time the offence is alleged
to have been committed may be charged with the offence.
(5) If a person is charged as permitted by subsection (4) and it is
proved that person 1 committed the offence, the person charged
is to be taken to have also committed the offence, subject to
25 subsection (6).
(6) A person who is charged under this section with an offence has
the benefit of the reasonable steps defence in a prosecution for
the offence.
112. Liability of employers
30 (1) If a person is charged with an MDLR offence, the person's
employer at the time the offence is alleged to have been
committed may also be charged with the offence.
page 87
Road Traffic (Vehicles) Bill 2007
Part 9 Liability for MDLR offences committed by other persons
s. 113
(2) If a person and the person's employer are charged as permitted
by subsection (1) and the first-mentioned person is convicted of
the offence, the employer is to be taken to have also committed
the offence, subject to subsection (5).
5 (3) If a person commits an MDLR offence then, although the
person is not charged with the offence, the person's employer at
the time the offence is alleged to have been committed may be
charged with the offence.
(4) If an employer is charged as permitted by subsection (3) and it
10 is proved that the person first-mentioned in that subsection
committed the offence, the employer is to be taken to have also
committed the offence, subject to subsection (5).
(5) An employer who is charged under this section with an offence
has the benefit of the reasonable steps defence in a prosecution
15 for the offence.
113. Liability of offender not affected
Nothing in this Part affects the liability of the person who
actually committed an MDLR offence with which another
person may be charged under this Part.
page 88
Road Traffic (Vehicles) Bill 2007
Defences Part 10
Reasonable steps defences Division 1
s. 114
Part 10 -- Defences
Division 1 -- Reasonable steps defences
114. Reasonable steps defence
(1) If this Act gives a person charged with an offence the benefit of
5 the reasonable steps defence, the person has a defence if it is
proved that --
(a) the person did not know, and could not reasonably be
expected to have known, that the offence was
committed; and
10 (b) either --
(i) the person had taken all reasonable steps to
prevent the commission of the offence; or
(ii) there were no steps that the person could
reasonably be expected to have taken to prevent
15 the commission of the offence.
(2) Without limiting the above, in determining whether things done
or omitted to be done by a person mentioned in subsection (1)
constitute reasonable steps, a court may have regard to any of
the following --
20 (a) the circumstances of the alleged offence, including, if
relevant, whether the breach is a minor, substantial or
severe risk breach;
(b) the measures available and measures taken for any or all
of the following --
25 (i) to accurately and safely weigh or measure the
vehicle or its load or to safely secure the load in
or on the vehicle;
(ii) to provide and obtain sufficient and reliable
evidence from which the weight or measurement
30 of the vehicle or its load might be calculated;
page 89
Road Traffic (Vehicles) Bill 2007
Part 10 Defences
Division 1 Reasonable steps defences
s. 114
(iii) to manage, reduce or eliminate a potential breach
arising from the location of the vehicle, or from
the placement of the load in or on the vehicle, or
from the location of goods in the load;
5 (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;
10 (v) to exercise supervision or control over others
involved in activities leading to the breach;
(c) the measures available and measures taken for any or all
of the following --
(i) to include compliance assurance conditions in
15 relevant commercial arrangements with other
involved persons;
(ii) to provide information, instruction, training and
supervision to employees to enable compliance
with relevant laws;
20 (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;
(d) whether the person charged had, either personally or
25 through an agent or employee, custody or control of the
vehicle, or of its load, or of any of the goods included or
to be included in the load;
(e) the personal expertise and experience that the person
charged had or ought to have had or that an agent or
30 employee of the person charged had or ought to have
had.
page 90
Road Traffic (Vehicles) Bill 2007
Defences Part 10
Other defences Division 2
s. 115
Division 2 -- Other defences
115. Defence for responsible persons
(1) In a prosecution for an MDLR offence alleged to have been
committed by a person in the capacity of a responsible person
5 for a vehicle, it is a defence for the person charged to prove that
the vehicle was being used at the relevant time by --
(a) a person who --
(i) did not have express or implied authority to use
the vehicle; and
10 (ii) was not an employee or agent of the person
charged;
or
(b) an employee of the person charged who was acting at
the relevant time outside the scope of the employment;
15 or
(c) an agent, in any capacity, of the person charged who
was acting at the relevant time outside the scope of the
agency.
(2) The defence mentioned in subsection (1) is not available if the
20 offence involves an alleged defect in relation to a vehicle, unless
the person charged also proves that --
(a) before the vehicle ceased to be under the person's
control, it had not been involved in the commission of a
breach of a road law relating to the defect; and
25 (b) after the vehicle ceased to be under the person's control,
a material change was made that resulted in the alleged
defect.
116. Defence for drivers
In a prosecution for an MDLR offence involving an alleged
30 defect in relation to a vehicle and that is alleged to have been
committed by a person in the capacity of the driver or a
page 91
Road Traffic (Vehicles) Bill 2007
Part 10 Defences
Division 2 Other defences
s. 116
co-driver of the vehicle, it is a defence for the person charged to
prove that the person, whether as driver or otherwise --
(a) did not cause or contribute to the defect and had no
responsibility for or control over the maintenance of the
5 vehicle or its equipment at any relevant time; and
(b) did not know and could not reasonably be expected to
have known of the defect; and
(c) could not reasonably be expected to have sought to
ascertain whether there was or was likely to be a defect
10 relating to the vehicle.
page 92
Road Traffic (Vehicles) Bill 2007
Court imposed sanctions Part 11
Terms used in this Part Division 1
s. 117
Part 11 -- Court imposed sanctions
Division 1 -- Terms used in this Part
117. Meaning of "associate"
In this Part --
5 "associate", of a person ("person 1"), means a person
who is --
(a) person 1's spouse; or
(b) a parent, sibling or child of person 1; or
(c) a member of the same household as person 1; or
10 (d) a partner of person 1; or
(e) a co-trustee or co-beneficiary (including a co-object
of a discretionary trust) of person 1; or
(f) a trustee of a trust in which person 1 is a beneficiary
or, in the case of a discretionary trust, an object; or
15 (g) a beneficiary (including an object of a discretionary
trust) of a trust of which person 1 is a trustee; or
(h) a body corporate of which person 1 is a director or
member of the governing body of the body corporate;
or
20 (i) a director or member of the governing body of
person 1 if person 1 is a body corporate; or
(j) a body corporate (other than a public company whose
shares are listed on a stock exchange) in which
person 1 is a shareholder; or
25 (k) a shareholder in person 1 if person 1 is a body
corporate (other than a public company whose shares
are listed on a stock exchange); or
(l) a related body corporate within the meaning of the
Corporations Act 2001 of the Commonwealth; or
30 (m) traceable to person 1 by a chain of relationships
under any one or more of paragraphs (a) to (l).
page 93
Road Traffic (Vehicles) Bill 2007
Part 11 Court imposed sanctions
Division 2 General matters as to sentencing for MDLR offences
s. 118
Division 2 -- General matters as to sentencing for
MDLR offences
118. Sentencing principles
(1) An order under this Part may be made in conjunction with any
5 sentencing option available under a road law or any other
written law to a court sentencing a person who is found guilty of
an MDLR offence.
(2) An order under this Part forms part of the sentence.
(3) Nothing in this Part affects the duties or powers that a court or
10 other person or body has apart from this Part.
119. Default categorisation
(1) If a court is satisfied that there has been a breach of a mass,
dimension or loading requirement but is not satisfied that the
breach is a substantial risk breach or a severe risk breach, it may
15 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 loading 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
20 breach.
120. Matters to be considered by courts when sentencing
(1) When a court is determining the kind and level of sanction to be
imposed in respect of a breach of a mass, dimension or loading
requirement it is to have regard to each of the following
25 propositions relating to the breach --
(a) that a minor risk breach may give rise to either or both
of the following --
(i) an appreciable risk of accelerated road wear;
(ii) an appreciable risk of unfair commercial
30 advantage;
page 94
Road Traffic (Vehicles) Bill 2007
Court imposed sanctions Part 11
General matters as to sentencing for MDLR offences Division 2
s. 121
(b) that a substantial risk breach may give rise to one or
more of the following --
(i) a substantial risk of accelerated road wear;
(ii) an appreciable risk of damage to road
5 infrastructure;
(iii) an appreciable risk of increased traffic
congestion;
(iv) an appreciable risk of diminished public amenity;
(v) a substantial risk of unfair commercial
10 advantage;
(c) that a severe risk breach may give rise to one or more of
the following --
(i) an appreciable risk of harm to public safety or
the environment;
15 (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.
20 (2) It is not necessary to adduce evidence in support of a
proposition mentioned in subsection (1) but a court may require
or consider evidence in relation to the relevance and
significance of the proposition in a particular case.
(3) Nothing in this section affects any other matter that may or must
25 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.
121. Prohibition order has priority
If one or more courts make orders under this Part that result in
30 both a supervisory intervention order and a prohibition order
being in force at the same time in relation to the same person,
page 95
Road Traffic (Vehicles) Bill 2007
Part 11 Court imposed sanctions
Division 3 Commercial benefits penalty orders
s. 122
the supervisory intervention order has no effect while the
prohibition order has effect.
122. Previous convictions of MDLR offences
For the purpose of determining whether a person has been
5 previously convicted of an MDLR offence --
(a) it is immaterial whether the breaches concerned are of
the same risk category or of different risk categories;
and
(b) a person against whom a finding of guilt has been made
10 in another jurisdiction for an offence under a law of the
other jurisdiction that is prescribed as a law
corresponding to a provision mentioned in the definition
of "MDLR offence" is to be taken to be convicted of the
MDLR offence.
15 Division 3 -- Commercial benefits penalty orders
123. Commercial benefits penalty orders
(1) The court that finds a person guilty of an MDLR offence may,
on the application of the prosecutor or the CEO, make an order
under this section.
20 (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 --
(a) that was received or receivable, by the person or by an
25 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 a police officer
or warden in connection with the commission of the
30 offence, that would have been received or receivable, by
the person or by an associate of the person, from the
page 96
Road Traffic (Vehicles) Bill 2007
Court imposed sanctions Part 11
Driver and vehicle licence sanctions Division 4
s. 124
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
5 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 --
(i) the value of any goods involved in the offence;
10 and
(ii) the distance over which any such goods were or
were to be carried.
(4) In estimating the gross commercial benefit that was or would
have been received or receivable from the commission of the
15 offence, the court is 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 --
20 (a) less than 3 times the estimated gross commercial
benefit; or
(b) less than the estimated gross commercial benefit.
Division 4 -- Driver and vehicle licence sanctions
124. Power to affect driver's licence
25 (1) In this section --
"MDLR offence by driver" means an MDLR offence that --
(a) was committed in relation to a vehicle by the driver
or a co-driver of the vehicle; and
(b) gave rise to a severe risk breach of a mass, dimension
30 or loading requirement;
page 97
Road Traffic (Vehicles) Bill 2007
Part 11 Court imposed sanctions
Division 4 Driver and vehicle licence sanctions
s. 124
"specified" means specified by the court.
(2) The court that finds a person guilty of an MDLR offence by
driver may make one or either of the following orders --
(a) that for a specified term not exceeding 5 years the
5 person is disqualified from obtaining or holding a
driver's licence, either generally or of a specified kind;
(b) that for a specified term not exceeding 5 years, the
person is disqualified from driving on a road a motor
vehicle of a class of a specified kind.
10 (3) An order under this section --
(a) operates by force of this Act and takes effect
immediately or from a specified later date; and
(b) may be made in relation to a driver's licence despite the
class or classes of vehicles to which it applies.
15 (4) A term mentioned in subsection (2)(a) or (b) is concurrent
with --
(a) any other term for which the person is disqualified from
obtaining or holding a driver's licence; or
(b) any term for which the person's driver's licence is or
20 may be suspended,
unless the court orders that the term is to be cumulative on those
terms.
(5) The court must ensure that the details of the MDLR offence by
driver and the order are sent to the CEO.
25 (6) This section does not affect --
(a) the operation of the Motor Vehicle (Third Party
Insurance) Act 1943 section 18; or
(b) any power that the court has under the Sentencing
Act 1995 section 105; or
30 (c) any other right or duty of a court to disqualify a person
from holding or obtaining a driver's licence.
page 98
Road Traffic (Vehicles) Bill 2007
Court imposed sanctions Part 11
Driver and vehicle licence sanctions Division 4
s. 125
125. Power to affect vehicle licence
(1) In this section --
"MDLR offence by vehicle licence holder" means an MDLR
offence that --
5 (a) was committed in relation to a vehicle by a person to
whom a licence in respect of the vehicle has been
granted; and
(b) gave rise to a severe risk breach of a mass, dimension
or loading requirement;
10 "specified" means specified by the court.
(2) The court that finds a person guilty of an MDLR offence by
vehicle licence holder may order --
(a) that the licence of the vehicle is cancelled; and
(b) that for a specified term not exceeding 5 years the
15 person is disqualified from holding or obtaining a
vehicle licence in respect of the vehicle.
(3) If the court makes an order under subsection (2) it may also
make an order that for a specified term an associate of the
person is disqualified from holding or obtaining a vehicle
20 licence in respect of the vehicle.
(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.
25 (5) An order under this section operates by force of this Act and
takes effect immediately or from a later specified date.
(6) A term mentioned in subsection (2)(b) or (3) is concurrent with
any other term for which the person is disqualified from holding
or obtaining a vehicle licence in respect of the vehicle, unless
30 the court orders that the term is to be cumulative on those terms.
page 99
Road Traffic (Vehicles) Bill 2007
Part 11 Court imposed sanctions
Division 5 Supervisory intervention orders
s. 126
(7) The court must ensure that the details of the MDLR offence by
vehicle licence holder and the order are sent to the CEO.
(8) This section does not affect the operation of the Fines, Penalties
and Infringement Notices Enforcement Act 1994 section 19
5 or 43.
Division 5 -- Supervisory intervention orders
126. Supervisory intervention orders
(1) In this section --
"compliance report", in relation to a person in respect of
10 whom a supervisory intervention order is made, means a
report relating to --
(a) the performance of the person in complying with --
(i) the breached laws or the provisions of this Act
specified in the order; and
15 (ii) the requirements of the order;
and
(b) without limiting the above --
(i) things done by the person to ensure that any
failure by the person to comply in future with
20 the breached laws or the specified provisions
of this Act does not continue; and
(ii) the results of those things having been done.
(2) The court that finds a person guilty of an MDLR offence may,
on the application of the prosecutor or the CEO, make a
25 supervisory intervention order if the court considers that the
person systematically or persistently commits MDLR offences.
(3) A supervisory intervention order may require 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 --
page 100
Road Traffic (Vehicles) Bill 2007
Court imposed sanctions Part 11
Supervisory intervention orders Division 5
s. 126
(a) to do specified things that the court considers will assist
the person to comply in future with the breached
provisions, including any of the following --
(i) appointing or removing staff to or from
5 particular activities or positions;
(ii) training and supervising staff;
(iii) obtaining expert advice as to compliance;
(iv) installing monitoring, compliance, managerial or
operational equipment;
10 (v) implementing monitoring, compliance,
managerial or operational practices, systems or
procedures;
(b) to conduct specified monitoring, compliance,
managerial or operational practices, systems or
15 procedures subject to the direction of the CEO or a
person nominated by the CEO;
(c) to furnish compliance reports to the CEO or the court or
both as specified in the order;
(d) to appoint a person to have responsibilities --
20 (i) to assist the person to comply in future with the
breached laws or specified provisions of this Act;
and
(ii) to monitor the person's performance in
complying with the breached laws or specified
25 provisions of this Act and in complying with the
requirements of the order; and
(iii) to furnish compliance reports to the CEO or the
court or both as specified in the order.
(4) The court may specify matters that are to be dealt with in
30 compliance reports and the form, manner and frequency in
which compliance reports are to be prepared and furnished.
page 101
Road Traffic (Vehicles) Bill 2007
Part 11 Court imposed sanctions
Division 5 Supervisory intervention orders
s. 127
(5) 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.
(6) The court must not make a supervisory intervention order unless
5 it is satisfied that the order is capable of improving the person's
ability or willingness to comply in the future with the breached
provisions, having regard to --
(a) the MDLR offences for which the person has been
convicted; and
10 (b) any other offences or other matters that the court
considers to be relevant to the conduct of the person in
connection with road transport.
(7) The order may direct that any other penalty or sanction imposed
for the offence by the court is suspended until the court
15 determines that there has been a substantial failure to comply
with the order.
(8) A court that has power to make supervisory intervention orders
may revoke or amend a supervisory intervention order on the
application of --
20 (a) the CEO; 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 the
revocation or amendment.
25 127. Supervisory intervention order to be complied with
A person who is subject to a supervisory intervention order
must not, without reasonable excuse, fail to comply with the
order.
Penalty: a fine of 200 PU.
page 102
Road Traffic (Vehicles) Bill 2007
Court imposed sanctions Part 11
Prohibition orders Division 6
s. 128
Division 6 -- Prohibition orders
128. Prohibition orders
(1) The court that finds a person guilty of an MDLR offence may,
on the application of the prosecutor or the CEO, make a
5 prohibition order if the court considers that the person
systematically or persistently commits MDLR offences.
(2) A prohibition order may, for the purpose of restricting
opportunities for the person to commit or be involved in the
commission of further offences under the breached provisions,
10 prohibit 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 a vehicle or holding or obtaining a vehicle
licence in respect of a vehicle.
15 (4) The court must not make a prohibition order unless it is satisfied
that the person should not continue the things the subject of the
proposed order and that a supervisory intervention order is not
appropriate, having regard to --
(a) the MDLR offences for which the person has been
20 convicted; and
(b) any other offences or other matters that the court
considers to be relevant to the conduct of the person in
connection with road transport.
(5) A court that has power to make a prohibition order may revoke
25 or amend a prohibition order on the application of --
(a) the CEO; 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 the
30 revocation or amendment.
page 103
Road Traffic (Vehicles) Bill 2007
Part 11 Court imposed sanctions
Division 6 Prohibition orders
s. 129
129. Prohibition order to be complied with
A person who is subject to a prohibition order must not, without
reasonable excuse, fail to comply with the order.
Penalty: a fine of 200 PU.
page 104
Road Traffic (Vehicles) Bill 2007
Miscellaneous Part 12
s. 130
Part 12 -- Miscellaneous
130. Substitution of vehicle in certain circumstances
(1) In this section --
"omnibus" means a vehicle that is equipped to seat more than
5 8 adult persons, including the driver, and that is used for
the carriage of passengers for hire or reward.
(2) A vehicle licence for an omnibus authorises a person to whom
the licence has been granted, with the previous written consent
of the CEO, to substitute another vehicle for the omnibus during
10 any time that the omnibus is under repair, and to operate the
other vehicle during the time that the omnibus is under repair
and not being operated.
(3) The CEO is not to give consent for the purposes mentioned in
subsection (2) unless the licensee pays the prescribed fee.
15 131. Motor vehicle pools and insurance
(1) For the purposes of any contract of insurance, a motor vehicle is
not to be taken to be used for the carriage of passengers for hire,
fare or reward by reason only of the carriage of passengers
under a motor vehicle pooling arrangement.
20 (2) For the purposes of subsection (1), a carriage of passengers is
under a motor vehicle pooling arrangement if the carriage --
(a) is incidental to the main purpose of the journey; and
(b) is not the result of touting for passengers by the driver or
any other person; and
25 (c) is under an arrangement for the carriage of the
passengers for a consideration limited to --
(i) an undertaking by or on behalf of the passenger
to carry the driver or a member of the driver's
family on a similar journey; or
30 (ii) the payment of an amount which does not
contain any element of profit in respect of the
page 105
Road Traffic (Vehicles) Bill 2007
Part 12 Miscellaneous
s. 131
operation of the motor vehicle or the motor
vehicle pool or any recompense for the time of
the driver.
page 106
Road Traffic (Vehicles) Bill 2007
Regulations Part 13
s. 132
Part 13 -- Regulations
132. Regulations
(1) The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
5 necessary or convenient to be prescribed for giving effect to the
purposes of this Act.
(2) Without limiting subsection (1), regulations may --
(a) provide for the duties, obligations, conduct and
behaviour of owners, responsible persons, and persons
10 in charge of, vehicles or of any class of vehicle; and
(b) prescribe standards or other requirements in respect of
vehicles, including standards or requirements relating
to --
(i) the design, construction, efficiency and
15 performance of, and the equipment to be carried
on, vehicles; and
(ii) the attachment of operational or safety devices;
and
(iii) roadworthiness; and
20 (iv) safety, emissions and noise; and
(v) the coupling of trailers and motor vehicles; and
(vi) the identification of vehicles or components of
vehicles; and
(vii) security of vehicles and the equipment to be
25 fitted to vehicles for the purposes of security;
and
(c) provide for the examination and testing of vehicles
including --
(i) providing for matters relating to the authorisation
30 of persons to establish inspection stations or as
page 107
Road Traffic (Vehicles) Bill 2007
Part 13 Regulations
s. 132
vehicle examiners and the fees to be paid by
those persons; and
(ii) requiring the payment of fees for the
examination and testing of vehicles for the
5 purposes of this Act; and
(iii) empowering a vehicle examiner to issue or to
refuse to issue a certificate of inspection in
relation to the inspection of a vehicle;
and
10 (d) provide for the issue, return, retrieval and destruction of
number plates except number plates issued under
section 13(2) or 27(2) or optional number plates as
defined in section 136; and
(e) prohibit or regulate the manufacture, sale or supply
15 of --
(i) replicas or imitations of number plates; or
(ii) articles similar to number plates,
and provide for the confiscation and disposal of such
replicas, imitations or articles; and
20 (f) enable vehicles to be driven and tested; and
(g) prescribe a minimum age at which an individual may
apply for the grant or transfer of a vehicle licence and
providing for the applicant to provide proof of age and
identity; and
25 (h) provide for matters relating to vehicles that are used to
warn other road users of the presence of other vehicles;
and
(i) impose penalties not exceeding a fine of 24 PU for a
first offence, and not exceeding a fine of 48 PU for any
30 subsequent offence, under a regulation; and
(j) define the previous offences that are to be taken into
account in determining whether an offence is a first or
subsequent offence for the purpose of a regulation; and
page 108
Road Traffic (Vehicles) Bill 2007
Regulations Part 13
s. 133
(k) prescribe matters for or in respect of which fees may be
charged or charges may be made under this Act and
prescribing the amounts of such fees or charges; and
(l) require a statutory declaration to be made about a
5 matter.
(3) The regulations may make it an offence to contravene a
condition imposed by or under the regulations, but this
subsection does not limit the other consequences that the
regulations may attach to a contravention.
10 (4) For the purposes of subsection (2)(k), a reference in the
Interpretation Act 1984 section 45(1)(f) and (2) to a reduction is
to be read as if it included a reference to a deferral.
(5) Without limiting the Interpretation Act 1984 section 45(2), the
regulations may provide that a reduction, waiver, refund or
15 deferral of a charge for granting, renewing or varying any
licence for a vehicle applies subject to conditions imposed by
the CEO that are specified in the licence.
133. Exemptions from regulations about vehicle standards etc.
The regulations may provide for the CEO to grant exemptions
20 from regulations made under section 132(2)(b).
134. Exemptions from regulations in emergencies
The regulations may provide for the Commissioner of Main
Roads to exempt a vehicle or its load or a vehicle and its load
from the application of a mass, dimension or loading
25 requirement in an emergency area as defined in the Emergency
Management Act 2005 section 3 if --
(a) the vehicle is being used, or is intended to be used, to
protect life or property, or to restore communications or
the supply of energy or water or services such as sewage
30 disposal; and
(b) the exemption does not present an unreasonable danger
to other road users.
page 109
Road Traffic (Vehicles) Bill 2007
Part 13 Regulations
s. 135
135. Regulations about exemptions
(1) In this section --
"exemption" means an exemption granted under a regulation
mentioned in section 133 or 134.
5 (2) The regulations may provide for --
(a) applications for exemptions to be granted; and
(b) the submission of information and documentation in
support of applications; and
(c) the grounds for granting exemptions; and
10 (d) the form, content and publication of the documents by
which exemptions are made; and
(e) the duration of exemptions; and
(f) without limiting the application of the Interpretation
Act 1984 section 50(2)(b), the conditions to which
15 exemptions are, or may be, subject; and
(g) the effect of exemptions and failing to comply with
conditions of exemptions; and
(h) applications for, and other matters relating to, the
variation of exemptions; and
20 (i) the suspension or cancellation of an exemption; and
(j) fees for applications mentioned in paragraphs (a)
and (h).
136. Schemes for optional number plates
(1) The regulations may provide for schemes under which
25 the CEO --
(a) allocates number plates ("optional number plates") to
persons wishing to reserve the right to use those number
plates instead of number plates that would otherwise be
issued under this Act; or
30 (b) supplies and, if necessary, replaces optional number
plates; or
page 110
Road Traffic (Vehicles) Bill 2007
Regulations Part 13
s. 137
(c) permits the transfer from one person to another of the
right to use optional number plates; or
(d) gives directions as to which vehicle optional number
plates are to be used; or
5 (e) is given the power to cancel, with or without
compensation, a person's right to use optional number
plates if charges due and payable in respect of that right
remain unpaid for a prescribed period.
(2) The rights may be for a specified period or otherwise.
10 (3) A scheme may be designed to be operated commercially but --
(a) the sale of the rights allocated is to be --
(i) by public auction or public tender; or
(ii) if the Treasurer authorises the sale to be by
private treaty or any other means, by the means
15 authorised;
and
(b) any other charge under a scheme is to be prescribed in
the regulations.
(4) The amount of a charge that may be prescribed under
20 subsection (3)(b) is not limited to the amount needed to recover
costs even though it is for a matter for which only a fee could be
prescribed if the number plates were not optional number plates.
(5) The regulations may deal with matters that it is necessary or
convenient to deal with for the purposes of, or in connection
25 with, schemes relating to optional number plates.
137. Regulations may refer to published documents
(1) Regulations made for the purposes of this Act may adopt the
text of any published document specified in the regulations --
(a) as that text exists at a particular date; or
30 (b) as that text may from time to time be amended.
page 111
Road Traffic (Vehicles) Bill 2007
Part 13 Regulations
s. 138
(2) The text may be adopted --
(a) wholly or in part; or
(b) as modified by the regulations.
(3) The adoption may be direct (by reference made in the
5 regulations), or indirect (by reference made in any text that is
itself directly or indirectly adopted).
(4) The adoption of text is of no effect unless --
(a) the adopted text; and
(b) if text is adopted as it may be amended from time to
10 time, either --
(i) the amendments to the text; or
(ii) the text as amended,
can at all reasonable times be inspected or purchased by the
public.
15 138. Minister's declarations that specified regulations do not
apply to specified persons or vehicles
Regulations may provide for the Minister to declare, in writing
in accordance with the regulations, that a requirement of the
regulations that is specified by the Minister does not apply to a
20 person or vehicle specified by the Minister.
page 112
Road Traffic (Vehicles) Bill 2007
Transitional provisions Part 14
Transitional provisions arising from certain amendments made Division 1
to the Road Traffic Act 1974 by the Road Traffic
(Consequential Provisions) Act 2007
s. 139
Part 14 -- Transitional provisions
Division 1 -- Transitional provisions arising from certain
amendments made to the Road Traffic Act 1974 by the Road
Traffic (Consequential Provisions) Act 2007
5 139. Terms used in this Division
In this Division --
"amending Act" means the Road Traffic (Consequential
Provisions) Act 2007;
"commencement day" means the day on which the Road
10 Traffic (Consequential Provisions) Act 2007 Part 2 comes
into operation;
"RT Act" means the Road Traffic Act 1974 as in force
immediately before commencement day.
140. Application of the Interpretation Act 1984
15 The provisions of this Division do not prejudice or affect the
application of the Interpretation Act 1984 to and in relation to
the repeals of provisions of the RT Act effected by the
amending Act.
141. Vehicle licences, applications
20 (1) A vehicle licence that is granted, renewed or transferred under
the RT Act section 17(2) and that was in effect immediately
before commencement day is, on and from commencement day,
to be taken to be a vehicle licence that is granted, renewed or
transferred, as is relevant to the case, under regulations made
25 under section 5(3).
(2) An application that was made under the RT Act section 17(1)
before commencement day but not decided before
commencement day is, on and from commencement day, to be
taken to be an application made under section 5(1).
page 113
Road Traffic (Vehicles) Bill 2007
Part 14 Transitional provisions
Division 1 Transitional provisions arising from certain amendments made
to the Road Traffic Act 1974 by the Road Traffic
(Consequential Provisions) Act 2007
s. 142
142. Transfer of vehicle licences
(1) If, before commencement day --
(a) a notice under the RT Act section 24(1)(a) had been
given to the Director General; and
5 (b) the Director General had not taken action under the
RT Act section 24(2a),
on and from commencement day, the notice is to be taken to be
a notice given under section 10(1)(a).
(2) If, before commencement day --
10 (a) a notice under the RT Act section 24(2) had been given
to the Director General; and
(b) the Director General had not taken action under the
RT Act section 24(2a),
on and from commencement day, the notice is to be taken to be
15 a notice given under section 10(2).
(3) A notice under the RT Act section 24(2a)(a) that was in effect
immediately before commencement day is, on and from
commencement day, to be taken to be a notice under
section 10(3)(a).
20 (4) A notice under the RT Act section 24(2a)(b) that was in effect
immediately before commencement day is, on and from
commencement day, to be taken to be a notice under
section 10(3)(b).
143. Change of nominated owner
25 If, before commencement day --
(a) an application is made under the RT Act section 24B(1);
and
page 114
Road Traffic (Vehicles) Bill 2007
Transitional provisions Part 14
Transitional provisions arising from certain amendments made Division 1
to the Road Traffic Act 1974 by the Road Traffic
(Consequential Provisions) Act 2007
s. 144
(b) the application is not approved or refused,
on and from commencement day, the application is to be taken
to be an application made under section 12(1).
144. Permits, etc., for unlicensed vehicles
5 (1) A permit under the RT Act section 26(1) that was in effect
immediately before commencement day is, on and from
commencement day, to be taken to be a permit under
section 13(1).
(2) Number plates issued under the RT Act section 26(2) that were
10 in effect immediately before commencement day are, on and
from commencement day, to be taken to be number plates
issued under section 13(2).
(3) A notice under the RT Act section 26(5) that was in effect
immediately before commencement day is, on and from
15 commencement day, to be taken to be a notice under
section 13(5).
145. Register of vehicle licences, registration labels
(1) A register under the RT Act section 27(1) that was in effect
immediately before commencement day is, on and from
20 commencement day, to be taken to be a register under
section 14.
(2) A registration label issued under the RT Act section 27(1) that
was in effect immediately before commencement day is, on and
from commencement day, to be taken to be a registration label
25 issued under section 15(1).
146. Minister may require vehicles to be inspected
A notice published under the RT Act section 29(1) that was in
effect immediately before commencement day is, on and from
commencement day, to be taken to be an order published under
30 section 19(1).
page 115
Road Traffic (Vehicles) Bill 2007
Part 14 Transitional provisions
Division 1 Transitional provisions arising from certain amendments made
to the Road Traffic Act 1974 by the Road Traffic
(Consequential Provisions) Act 2007
s. 147
147. Overseas vehicles temporarily in Australia
(1) An application that was made under the RT Act section 31
before commencement day but not decided before
commencement day is, on and from commencement day, to be
5 taken to be an application made under section 22(1).
(2) The grant, under the RT Act section 31, of a vehicle licence for
a vehicle without payment of the vehicle licence charge that was
in effect immediately before commencement day is, on and
from commencement day, to be taken to be a grant under
10 section 22(2).
(3) An application that was made under the RT Act section 33
before commencement day but not decided before
commencement day is, on and from commencement day, to be
taken to be an application made under section 24(1).
15 (4) A registration label issued under the RT Act section 38(1) that
was in effect immediately before commencement day is, on and
from commencement day, to be taken to be a registration label
issued under section 26(1).
(5) A temporary plate issued under the RT Act section 39(2) that
20 was in use immediately before commencement day is, on and
from commencement day, to be taken to be a temporary plate
issued under section 27(2).
148. Vehicle examiners and inspection stations
(1) A person in respect of whom there was in effect, immediately
25 before commencement day, an authority under the Road Traffic
(Licensing) Regulations 1975 regulation 3A(1)(a) to examine
and test vehicles is, for the purposes of paragraph (b) of the
definition of "vehicle examiner" in section 71, on and from
commencement day, to be taken to be a person authorised by
30 the CEO to examine and test vehicles for the purposes of this
Act on the same terms and conditions that applied immediately
before commencement day.
page 116
Road Traffic (Vehicles) Bill 2007
Transitional provisions Part 14
Transitional provisions arising from certain amendments made Division 1
to the Road Traffic Act 1974 by the Road Traffic
(Consequential Provisions) Act 2007
s. 149
(2) A person in respect of whom there was in effect, immediately
before commencement day, an authority under the Road Traffic
(Licensing) Regulations 1975 regulation 3A(1)(b) to establish
premises as an inspection station is, for the purposes of
5 paragraph (b) of the definition of "inspection station" in
section 71, on and from commencement day, to be taken to be a
person authorised by the CEO to establish premises at which
vehicles are examined and tested for the purposes of this Act, on
the same terms and conditions that applied immediately before
10 commencement day.
(3) Subsections (1) and (2) do not apply to a public service officer
who, on commencement day, holds an office, post or position in
the department principally assisting the Minister in the
administration of this Act.
15 149. Transitional regulations
The regulations may contain provisions that are necessary or
convenient for dealing with matters concerning the transition
from the provisions of any written law applying before
commencement day to the provisions of this Act, including
20 regulations made under this Act, applying after
commencement day.
page 117
Road Traffic (Vehicles) Bill 2007
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
access approval .............................................................................................. 39
amending Act............................................................................................... 139
approved officer ............................................................................................. 78
associate....................................................................................................... 117
attributable amount.....................................................................................92(2)
authorised police officer .............................................................................75(3)
base............................................................................................................. 3(1)
commencement day............................................................................18(1), 139
compliance report.....................................................................................126(1)
complying container weight declaration .......................................................... 85
complying restricted access vehicle................................................................. 39
consigned freight container............................................................................. 85
consignee .................................................................................................... 3(1)
consignor .................................................................................................... 3(1)
container weight declaration ........................................................................... 85
contractor.................................................................................................106(1)
dangerous projection requirement ................................................................... 52
defect ............................................................................................................. 71
defect notice.........................................................................................71, 72(1)
dimension requirement ................................................................................ 3(1)
employee..................................................................................................... 3(1)
employer ..................................................................................................... 3(1)
equipment ................................................................................................... 3(1)
exemption ................................................................................................135(1)
freight container .......................................................................................... 3(1)
GCM........................................................................................................... 3(1)
goods .......................................................................................................... 3(1)
GVM .......................................................................................................... 3(1)
heavy vehicle .............................................................................................. 3(1)
improvement notice........................................................................................ 78
in the State ..................................................................................................... 95
information provider...................................................................................92(2)
inspection station............................................................................................ 71
involved person ........................................................................................... 3(1)
journey documentation ................................................................................ 3(1)
light vehicle ................................................................................................ 3(1)
load............................................................................................................. 3(1)
page 118
Road Traffic (Vehicles) Bill 2007
Defined Terms
loader.......................................................................................................... 3(1)
loading requirement..................................................................................... 3(1)
mass or dimension requirement.................................................................... 3(1)
mass requirement ........................................................................................ 3(1)
mass, dimension or loading requirement ...................................................... 3(1)
MDLR offence ............................................................................ 110(1), 111(1)
MDLR offence by driver ..........................................................................124(1)
MDLR offence by vehicle licence holder ..................................................125(1)
minor risk breach......................................................................................... 3(1)
new owner..................................................................................................10(4)
night ........................................................................................................... 3(1)
number plate ............................................................................................... 3(1)
number plates.............................................................................................13(2)
officer ......................................................................................................109(1)
omnibus ...................................................................................................130(1)
optional number plates..............................................................................136(1)
order ........................................................................................................ 33, 39
overseas vehicle ............................................................................................. 20
packaging.................................................................................................... 3(1)
packer ......................................................................................................... 3(1)
partner......................................................................................................110(1)
passenger .................................................................................................... 3(1)
permit ............................................................................................ 13(1), 33, 39
person 1 ...............................................................................111(2), 111(4), 117
person connected............................................................................................ 29
prohibition order.......................................................................................... 3(1)
public agency ...........................................................................................106(1)
reasonable steps defence.............................................................................. 3(1)
receiver ......................................................................................................99(1)
rectification action.......................................................................................... 63
relevant authority ........................................................................................ 3(1)
responsible entity ........................................................................................ 3(1)
road................................................................................................................ 39
road transport .........................................................................................3(1), 95
RT Act ......................................................................................................... 139
severe risk breach........................................................................................ 3(1)
specified.................................................................. 36(2), 43(2), 124(1), 125(1)
specified day ..............................................................................................18(1)
substantial risk breach ................................................................................. 3(1)
supervisory intervention order ..................................................................... 3(1)
the licence ................................................................................................... 8(1)
transport documentation .............................................................................. 3(1)
urge another person to commit an MDLR offence .....................................107(1)
vehicle ........................................................................................................... 33
vehicle examiner ............................................................................................ 71
page 119
Road Traffic (Vehicles) Bill 2007
Defined Terms
warden ........................................................................................................... 78
warning requirement....................................................................................... 52
page 120
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