Heavy Vehicle National Law Application (Infringements) Regulations 2013 (Vic)

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Version No. 006

Heavy Vehicle National Law Application (Infringements) Regulations 2013

S.R. No. 152/2013

Version incorporating amendments as at


1 April 2020

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Definitions

5Prescribed offences

Schedule

═══════════════

Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 006

Heavy Vehicle National Law Application (Infringements) Regulations 2013

S.R. No. 152/2013

Version incorporating amendments as at


1 April 2020

1Objective

The objective of these Regulations is to prescribe offences to be infringement offences under the Heavy Vehicle National Law (Victoria).

2Authorising provision

These Regulations are made under section 54 of the Heavy Vehicle National Law Application Act 2013.

3Commencement

These Regulations come into operation on the day on which section 4 of the Heavy Vehicle National Law Application Act 2013 comes into operation.

4Definitions

In these Regulations—

the FM Regulation means the Heavy Vehicle (Fatigue Management) National Regulation;

Note

The FM Regulation is a national regulation made by the Queensland Governor in accordance with section 730 of the Heavy Vehicle National Law (Victoria) and published on the NSW legislation website in accordance with section 733 of the Heavy Vehicle National Law (Victoria).

the MDL Regulation means the Heavy Vehicle (Mass, Dimension and Loading) National Regulation;

Note

The MDL Regulation is a national regulation made by the Queensland Governor in accordance with section 730 of the Heavy Vehicle National Law (Victoria) and published on the NSW legislation website in accordance with section 733 of the Heavy Vehicle National Law (Victoria).

the National Law means the Heavy Vehicle National Law (Victoria).

5Prescribed offences

For the purposes of section 591 of the National Law, an offence specified in column 2 of the Schedule is a prescribed offence.

Schedule

Regulation 5

Infringements—Prescribed offences

Part 1—Offences under the Heavy Vehicle National Law (Victoria)

Column 1

Item No.

Column 2

Prescribed infringement offence
1 An offence against section 25A(l) of the National Law.
1A An offence against section 25A(2) of the National Law.
1B An offence against section 60(1) of the National Law constituted by conduct other than that described in paragraph (b) of the maximum penalty.
2 An offence against section 60(1) of the National Law constituted by conduct described in paragraph (b) of the maximum penalty.
3 An offence against section 79(2) of the National Law.
4 An offence against section 81(1) of the National Law.
5 An offence against section 81(2) of the National Law.
6 An offence against section 81(3) of the National Law.
7 An offence against section 82(2) of the National Law.
8 An offence against section 82(3) of the National Law.
9 An offence against section 83(1) of the National Law.
10 An offence against section 83(2) of the National Law.
11 An offence against section 83(3) of the National Law.
12 An offence against section 85(1) of the National Law.
13 An offence against section 85(2) of the National Law.
14 An offence against section 86(2) of the National Law.
14A An offence against section 87A(1) of the National Law.
15 An offence against section 89(1) of the National Law.
16 An offence against section 90(1) of the National Law.
17 An offence against section 90(2) of the National Law.
18 An offence against section 90(3) of the National Law.
19 An offence against section 92(2) of the National Law.
20 An offence against section 96(1) of the National Law constituted by a minor risk breach.
21 An offence against section 96(1) of the National Law constituted by a substantial risk breach.
22 An offence against section 102(1)(a) of the National Law.
23 An offence against section 102(1)(b) of the National Law constituted by a minor risk breach.
24 An offence against section 102(1)(b) of the National Law constituted by a substantial risk breach.
25 An offence against section 109(2)(a) of the National Law.
26 An offence against section 109(2)(b) of the National Law.
27 An offence against section 111(1) of the National Law constituted by a minor risk breach.
28 An offence against section 111(1) of the National Law constituted by a substantial risk breach.
29 An offence against section 129(1) of the National Law.
30 An offence against section 129(2) of the National Law.
31 An offence against section 129(3) of the National Law.
32 An offence against section 130(2) of the National Law.
          *           *           *           *             *
34 An offence against section 131(1)(a) of the National Law.
35 An offence against section 131(1)(b) of the National Law.
36 An offence against section 131(1)(c) of the National Law.
37 An offence against section 132(2) of the National Law.
38 An offence against section 132(3) of the National Law.
39 An offence against section 133(1) of the National Law.
40 An offence against section 133(2) of the National Law.
41 An offence against section 133(3) of the National Law.
42 An offence against section 134(1) of the National Law.
43 An offence against section 134(2) of the National Law.
44 An offence against section 137 of the National Law.
45 An offence against section 150(1) of the National Law.
46 An offence against section 151(2) of the National Law.
47 An offence against section 151(3) of the National Law.
48 An offence against section 152(1) of the National Law.
49 An offence against section 152(2) of the National Law.
50 An offence against section 152(3) of the National Law.
          *           *           *           *             *
52A An offence against section 153A(1) of the National Law.
53 An offence against section 181(3) of the National Law.
          *           *           *           *             *
75 An offence against section 184(1) of the National Law.
76 An offence against section 185(1) of the National Law.
77 An offence against section 185(2) of the National Law.
78 An offence against section 190(1) of the National Law.
79 An offence against section 191(1) of the National Law.
80 An offence against section 191(3) of the National Law.
81 An offence against section 192(1) of the National Law.
82 An offence against section 192(2) of the National Law.
          *           *           *           *             *
104 An offence against section 250(1)(a) of the National Law that is a minor risk breach.
105 An offence against section 250(1)(b) of the National Law that is a minor risk breach.
106 An offence against section 250(1)(a) of the National Law that is a substantial risk breach.
107 An offence against section 250(1)(b) of the National Law that is a substantial risk breach.
107A An offence against section 250(1)(a) of the National Law that is a severe risk breach.
107B An offence against section 250(1)(b) of the National Law that is a severe risk breach.
108 An offence against section 251(1)(a) of the National Law that is a minor risk breach.
109 An offence against section 251(1)(b) of the National Law that is a minor risk breach.
110 An offence against section 251(1)(a) of the National Law that is a substantial risk breach.
111 An offence against section 251(1)(b) of the National Law that is a substantial risk breach.
111A An offence against section 251(1)(a) of the National Law that is a severe risk breach.
111B An offence against section 251(1)(b) of the National Law that is a severe risk breach.
112 An offence against section 254(1)(a) of the National Law that is a minor risk breach.
113 An offence against section 254(1)(b) of the National Law that is a minor risk breach.
114 An offence against section 254(1)(a) of the National Law that is a substantial risk breach.
115 An offence against section 254(1)(b) of the National Law that is a substantial risk breach.
115A An offence against section 254(1)(a) of the National Law that is a severe risk breach.
115B An offence against section 254(1)(b) of the National Law that is a severe risk breach.
116 An offence against section 256(1)(a) of the National Law that is a minor risk breach.
117 An offence against section 256(1)(b) of the National Law that is a minor risk breach.
118 An offence against section 256(1)(a) of the National Law that is a substantial risk breach.
119 An offence against section 256(1)(b) of the National Law that is a substantial risk breach.
119A An offence against section 256(1)(a) of the National Law that is a severe risk breach.
119B An offence against section 256(1)(b) of the National Law that is a severe risk breach.
120 An offence against section 258(1)(a) of the National Law that is a minor risk breach.
121 An offence against section 258(1)(b) of the National Law that is a minor risk breach.
122 An offence against section 258(1)(a) of the National Law that is a substantial risk breach.
123 An offence against section 258(1)(b) of the National Law that is a substantial risk breach.
124 An offence against section 260(1)(a) of the National Law that is a minor risk breach.
125 An offence against section 260(1)(b) of the National Law that is a minor risk breach.
126 An offence against section 260(1)(a) of the National Law that is a substantial risk breach.
127 An offence against section 260(1)(b) of the National Law that is a substantial risk breach.
128 An offence against section 263(1) of the National Law.
129 An offence against section 284(2) of the National Law.
130 An offence against section 286(1) of the National Law.
131 An offence against section 287(2) of the National Law.
132 An offence against section 287(3) of the National Law.
133 An offence against section 288(1) of the National Law.
134 An offence against section 288(2) of the National Law.
135 An offence against section 288(3) of the National Law.
136 An offence against section 293(1) of the National Law.
137 An offence against section 296(1) of the National Law.
138 An offence against section 297(2) of the National Law.
139 An offence against section 298(1) of the National Law.
140 An offence against section 299 of the National Law.
141 An offence against section 301 of the National Law.
142 An offence against section 302 of the National Law.
143 An offence against section 303 of the National Law.
144 An offence against section 305(1) of the National Law.
145 An offence against section 305(2) of the National Law.
146 An offence against section 305(3) of the National Law.
147 An offence against section 306 of the National Law.
148 An offence against section 307(2) of the National Law.
148A An offence against section 307(3) of the National Law.
149 An offence against section 308(1) of the National Law.
150 An offence against section 309(2) of the National Law.
151 An offence against section 310(2) of the National Law.
151A An offence against section 312(3) of the National Law.
152 An offence against section 319(1) of the National Law.
152A An offence against section 319A(2) of the National Law.
153 An offence against section 321(1) of the National Law.
154 An offence against section 321(3) of the National Law.
155 An offence against section 322(2) of the National Law.
156 An offence against section 323(2) of the National Law.
156AA An offence against section 324(2) of the National Law.
156A An offence against section 324A(2) of the National Law.
157 An offence against section 341(1) of the National Law.
158 An offence against section 341(2) of the National Law.
159 An offence against section 341(3) of the National Law.
160 An offence against section 341(4) of the National Law.
160AA An offence against section 341(5) of the National Law.
160A An offence against section 341(7) of the National Law.
161 An offence against section 354(3) of the National Law.
162 An offence against section 354(5) of the National Law.
163 An offence against section 355(2) of the National Law.
164 An offence against section 355(4) of the National Law.
165 An offence against section 355(6) of the National Law.
166 An offence against section 373(2) of the National Law.
167 An offence against section 375 of the National Law.
168 An offence against section 376(2) of the National Law.
169 An offence against section 376(3) of the National Law.
170 An offence against section 377 of the National Law.
171 An offence against section 392(2) of the National Law.
172 An offence against section 395 of the National Law.
173 An offence against section 396(2) of the National Law.
174 An offence against section 399(2) of the National Law.
174A An offence against section 466(2A) of the National Law.
174B An offence against section 466(2B) of the National Law.
175 An offence against section 467 of the National Law.
176 An offence against section 468(1) of the National Law.
177 An offence against section 468(3) of the National Law.
178 An offence against section 469(2) of the National Law.
179 An offence against section 470(3) of the National Law.
180 An offence against section 470(8) of the National Law.
181 An offence against section 471(2) of the National Law.
182 An offence against section 471(3) of the National Law.
183 An offence against section 476(2) of the National Law.
184 An offence against section 488 of the National Law.
185 An offence against section 513(4) of the National Law.
186 An offence against section 514(3) of the National Law.
187 An offence against section 516(3) of the National Law.
188 An offence against section 517(4) of the National Law.
189 An offence against section 522(5) of the National Law.
190 An offence against section 524(5) of the National Law.
191 An offence against section 526(4) of the National Law.
192 An offence against section 528(3) of the National Law.
193 An offence against section 529(a) of the National Law in respect of a vehicle defect notice that is a minor defect notice.
194 An offence against section 529(a) of the National Law in respect of a vehicle defect notice that is a major defect notice.
194AA An offence against section 529(b) of the National Law in respect of a vehicle defect notice that is a self-clearing defect notice.
194A An offence against section 531(4) of the National Law.
          *           *           *           *             *
195 An offence against section 533(7) of the National Law.
196 An offence against section 534(5) of the National Law.
197 An offence against section 567(4) of the National Law.
197A An offence against section 568(3) of the National Law constituted by conduct described in paragraph (a) of the maximum penalty.
198 An offence against section 568(3)(b) of the National Law.
199 An offence against section 568(7) of the National Law.
200 An offence against section 569(2) of the National Law.
201 An offence against section 569(7) of the National Law.

Part 2¾Offences under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation

Column 1

Item No.

Column 2

Prescribed infringement offence
          *           *           *           *             *
203 An offence against section 16(2) of the MDL Regulation.
204 An offence against section 28 of the MDL Regulation.
205 An offence against section 34(2) of the MDL Regulation.
          *           *           *           *             *

Part 3—Offences under the Heavy Vehicle (Fatigue Management) National Regulation

Column 1

Item No.

Column 2

Prescribed infringement offence
207 An offence against section 18A(1) of the FM Regulation.

═══════════════

Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Heavy Vehicle National Law Application (Infringements) Regulations 2013, S.R. No. 152/2013 were made on 3 December 2013 by the Governor in Council under section 54 of the Heavy Vehicle National Law Application Act 2013, No. 30/2013 and came into operation on 10 February 2014: regulation 3.

The Heavy Vehicle National Law Application (Infringements) Regulations 2013 will sunset 10 years after the day of making on 3 December 2023 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after


1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.


This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 


See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after


1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.


See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after


1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Heavy Vehicle National Law Application (Infringements) Regulations 2013 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Heavy Vehicle National Law Application (Infringements) Amendment Regulations 2016, S.R. No. 25/2016

Date of Making: 12.4.16
Date of Commencement: 12.4.16

Heavy Vehicle National Law Application (Infringements) Amendment Regulations 2017, S.R. No. 75/2017

Date of Making: 11.7.17
Date of Commencement: 21.7.17: reg. 3

Heavy Vehicle National Law Application (Infringements) Amendment Regulations 2018, S.R. No. 165/2018

Date of Making: 16.10.18
Date of Commencement: 22.10.18: reg. 3

Heavy Vehicle National Law Application (Infringements) Amendment Regulations 2019, S.R. No. 67/2019

Date of Making: 30.7.19
Date of Commencement: 1.8.19: reg. 3

Heavy Vehicle National Law Application (Infringements) Amendment Regulations 2020, S.R. No. 22/2020

Date of Making: 31.3.20
Date of Commencement: 1.4.20: reg. 3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

4   Explanatory details

Penalties

These Regulations are made under section 54 of the Heavy Vehicle National Law Application Act 2013 to prescribe offences that are to be infringement offences in Victoria for the purposes of section 591 of the Heavy Vehicle National Law (Victoria).

In terms of the penalties for each offence listed in these Regulations, it was agreed by the Standing Council on Transport and Infrastructure on 25 February 2013 that it is 10% of the maximum penalty for the offence.

This penalty for the infringement offences is stated in section 25 of the Heavy Vehicle National Law Application Act 2013.

Section 737 of the Heavy Vehicle National Law (Victoria) sets out the method for increasing a penalty amount each 1 July. The new penalties that apply to an offence under the Heavy Vehicle National Law (Victoria) will be published under section 737(4) on the Regulator's website.

Since section 25 of the Heavy Vehicle National Law Application Act 2013 provides that the infringement penalty is always 10% of the maximum penalty for the offence, amended regulations are not required to set the applicable infringement penalty as this is by force of the National Law.

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