Heavy Vehicle National Law Application (Infringements) Regulations 2023 (Vic)

Version No. 001

Heavy Vehicle National Law Application (Infringements) Regulations 2023

S.R. No. 118/2023

Version as at

2 December 2023

TABLE OF PROVISIONS

Regulation Page

1Objective
2Authorising provision
3Commencement
4Revocations
5Definitions
6Prescribed offences

Schedule 1—Prescribed offences

Schedule 2—Revocations

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Endnotes

1 General information

2 Table of Amendments

3 Explanatory details

Version No. 001

Heavy Vehicle National Law Application (Infringements) Regulations 2023

S.R. No. 118/2023

Version as at

2 December 2023

1Objective
The objective of these Regulations is to prescribe offences for which infringement notices may be served 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 2 December 2023.
4Revocations
The Regulations set out in Schedule 2 are revoked.
5Definitions
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 National Law and published on the NSW legislation website in accordance with section 733 of the National Law.
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 National Law and published on the NSW legislation website in accordance with section 733 of the National Law.
the National Law means the Heavy Vehicle National Law (Victoria).

6Prescribed offences
For the purposes of section 591 of the National Law, an offence specified in Column 2 of a Table in Schedule 1 is a prescribed offence.

SCHEDULE 1—PRESCRIBED OFFENCES

Regulation 6

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

Table

Column 1 Item No.	Column 2 Prescribed offence
1	An offence against section 25A(l) of the National Law.
2	An offence against section 25A(2) of the National Law.
3	An offence against section 60(1) of the National Law constituted by conduct other than conduct described in paragraph (b) of the maximum penalty for that offence.
4	An offence against section 60(1) of the National Law constituted by conduct described in paragraph (b) of the maximum penalty for that offence.
5	An offence against section 79(2) of the National Law.
6	An offence against section 81(1) of the National Law.
7	An offence against section 81(2) of the National Law.
8	An offence against section 81(3) of the National Law.
9	An offence against section 82(2) of the National Law.
10	An offence against section 82(3) of the National Law.
11	An offence against section 83(1) of the National Law.
12	An offence against section 83(2) of the National Law.
13	An offence against section 83(3) of the National Law.
14	An offence against section 85(1) of the National Law.
15	An offence against section 85(2) of the National Law.
16	An offence against section 86(2) of the National Law.
17	An offence against section 87A(1) of the National Law.
18	An offence against section 89(1) of the National Law.
19	An offence against section 90(1) of the National Law.
20	An offence against section 90(2) of the National Law.
21	An offence against section 90(3) of the National Law.
22	An offence against section 92(2) of the National Law.
23	An offence against section 96(1) of the National Law constituted by a minor risk breach.
24	An offence against section 96(1) of the National Law constituted by a substantial risk breach.
25	An offence against section 102(1) of the National Law in the circumstances described in paragraph (a) of the maximum penalty for that offence.
26	An offence against section 102(1) of the National Law constituted by a minor risk breach in the circumstances described in paragraph (b) of the maximum penalty for that offence.
27	An offence against section 102(1) of the National Law constituted by a substantial risk breach in the circumstances described in paragraph (b) of the maximum penalty for that offence.
28	An offence against section 109(2) of the National Law.
29	An offence against section 111(1) of the National Law constituted by a minor risk breach.
30	An offence against section 111(1) of the National Law constituted by a substantial risk breach.
31	An offence against section 129(1) of the National Law.
32	An offence against section 129(2) of the National Law.
33	An offence against section 129(3) of the National Law.
34	An offence against section 130(2) of the National Law.
35	An offence against section 131(1) of the National Law.
36	An offence against section 132(2) of the National Law.
37	An offence against section 132(3) of the National Law.
38	An offence against section 133(1) of the National Law.
39	An offence against section 133(2) of the National Law.
40	An offence against section 133(3) of the National Law.
41	An offence against section 134(1) of the National Law.
42	An offence against section 134(2) of the National Law.
43	An offence against section 137 of the National Law.
44	An offence against section 150(1) of the National Law.
45	An offence against section 151(2) of the National Law.
46	An offence against section 151(3) of the National Law.
47	An offence against section 152(1) of the National Law.
48	An offence against section 152(2) of the National Law.
49	An offence against section 152(3) of the National Law.
50	An offence against section 153A(1) of the National Law.
51	An offence against section 181(3) of the National Law.
52	An offence against section 184(1) of the National Law.
53	An offence against section 185(1) of the National Law.
54	An offence against section 185(2) of the National Law.
55	An offence against section 190(1) of the National Law.
56	An offence against section 191(1) of the National Law.
57	An offence against section 191(3) of the National Law.
58	An offence against section 192(1) of the National Law.
59	An offence against section 192(2) of the National Law.
60	An offence against section 250(1) of the National Law constituted by a minor risk breach.
61	An offence against section 250(1) of the National Law constituted by a substantial risk breach.
62	An offence against section 250(1) of the National Law constituted by a severe risk breach.
63	An offence against section 251(1) of the National Law constituted by a minor risk breach.
64	An offence against section 251(1) of the National Law constituted by a substantial risk breach.
65	An offence against section 251(1) of the National Law constituted by a severe risk breach.
66	An offence against section 254(1) of the National Law constituted by a minor risk breach.
67	An offence against section 254(1) of the National Law constituted by a substantial risk breach.
68	An offence against section 254(1) of the National Law constituted by a severe risk breach.
69	An offence against section 256(1) of the National Law constituted by a minor risk breach.
70	An offence against section 256(1) of the National Law constituted by a substantial risk breach.
71	An offence against section 256(1) of the National Law constituted by a severe risk breach.
72	An offence against section 258(1) of the National Law constituted by a minor risk breach.
73	An offence against section 258(1) of the National Law constituted by a substantial risk breach.
74	An offence against section 260(1) of the National Law constituted by a minor risk breach.
75	An offence against section 260(1) of the National Law constituted by a substantial risk breach.
76	An offence against section 263(1) of the National Law.
77	An offence against section 284(2) of the National Law.
78	An offence against section 286(1) of the National Law.
79	An offence against section 287(2) of the National Law.
80	An offence against section 287(3) of the National Law.
81	An offence against section 288(1) of the National Law.
82	An offence against section 288(2) of the National Law.
83	An offence against section 288(3) of the National Law.
84	An offence against section 293(1) of the National Law.
85	An offence against section 296(1) of the National Law.
86	An offence against section 297(2) of the National Law.
87	An offence against section 298(1) of the National Law.
88	An offence against section 299 of the National Law.
89	An offence against section 301 of the National Law.
90	An offence against section 302 of the National Law.
91	An offence against section 303 of the National Law.
92	An offence against section 305(1) of the National Law.
93	An offence against section 305(2) of the National Law.
94	An offence against section 305(3) of the National Law.
95	An offence against section 306 of the National Law.
96	An offence against section 307(2) of the National Law.
97	An offence against section 307(3) of the National Law.
98	An offence against section 308(1) of the National Law.
99	An offence against section 309(2) of the National Law.
100	An offence against section 310(2) of the National Law.
101	An offence against section 312(3) of the National Law.
102	An offence against section 319(1) of the National Law.
103	An offence against section 319A(2) of the National Law.
104	An offence against section 321(1) of the National Law.
105	An offence against section 321(3) of the National Law.
106	An offence against section 322(2) of the National Law.
107	An offence against section 323(2) of the National Law.
108	An offence against section 324(2) of the National Law.
109	An offence against section 324A(2) of the National Law.
110	An offence against section 341(1) of the National Law.
111	An offence against section 341(2) of the National Law.
112	An offence against section 341(3) of the National Law.
113	An offence against section 341(4) of the National Law.
114	An offence against section 341(5) of the National Law.
115	An offence against section 341(7) of the National Law.
116	An offence against section 354(3) of the National Law.
117	An offence against section 354(5) of the National Law.
118	An offence against section 355(2) of the National Law.
119	An offence against section 355(4) of the National Law.
120	An offence against section 355(6) of the National Law.
121	An offence against section 373(2) of the National Law.
122	An offence against section 375 of the National Law.
123	An offence against section 376(2) of the National Law.
124	An offence against section 376(3) of the National Law.
125	An offence against section 377 of the National Law.
126	An offence against section 392(2) of the National Law.
127	An offence against section 395 of the National Law.
128	An offence against section 396(2) of the National Law.
129	An offence against section 399(2) of the National Law.
130	An offence against section 466(2A) of the National Law.
131	An offence against section 466(2B) of the National Law.
132	An offence against section 467 of the National Law.
133	An offence against section 468(1) of the National Law.
134	An offence against section 468(3) of the National Law.
135	An offence against section 469(2) of the National Law.
136	An offence against section 470(3) of the National Law.
137	An offence against section 470(8) of the National Law.
138	An offence against section 471(2) of the National Law.
139	An offence against section 471(3) of the National Law.
140	An offence against section 476(2) of the National Law.
141	An offence against section 488 of the National Law.
142	An offence against section 513(4) of the National Law.
143	An offence against section 514(3) of the National Law.
144	An offence against section 516(3) of the National Law.
145	An offence against section 517(4) of the National Law.
146	An offence against section 522(5) of the National Law.
147	An offence against section 524(5) of the National Law.
148	An offence against section 526(4) of the National Law.
149	An offence against section 528(3) of the National Law.
150	An offence against section 529 of the National Law in respect of a vehicle defect notice that is a minor defect notice.
151	An offence against section 529 of the National Law in respect of a vehicle defect notice that is a major defect notice.
152	An offence against section 529 of the National Law in respect of a vehicle defect notice that is a self-clearing defect notice.
153	An offence against section 531(4) of the National Law.
154	An offence against section 533(7) of the National Law.
155	An offence against section 534(5) of the National Law.
156	An offence against section 567(4) of the National Law.
157	An offence against section 568(3) of the National Law constituted by conduct described in paragraph (a) of the maximum penalty for that offence.
158	An offence against section 568(3) of the National Law constituted by conduct described in paragraph (b) of the maximum penalty for that offence.
159	An offence against section 568(7) of the National Law.
160	An offence against section 569(2) of the National Law.
161	An offence against section 569(7) of the National Law.

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

Table

Column 1 Item No.	Column 2 Prescribed offence
162	An offence against section 16(2) of the MDL Regulation.
163	An offence against section 28 of the MDL Regulation.
164	An offence against section 34(2) of the MDL Regulation.

PART 3—OFFENCES UNDER THE HEAVY VEHICLE (FATIGUE MANAGEMENT) NATIONAL REGULATION

Table

Column 1 Item No.	Column 2 Prescribed offence
165	An offence against section 18A(1) of the FM Regulation.

Column 1

Item No.

Column 2

Prescribed offence

165

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

SCHEDULE 2—REVOCATIONS

Regulation 4

S.R. No.	Title
152/2013	Heavy Vehicle National Law Application (Infringements) Regulations 2013
25/2016	Heavy Vehicle National Law Application (Infringements) Amendment Regulations 2016
75/2017	Heavy Vehicle National Law Application (Infringements) Amendment Regulations 2017
165/2018	Heavy Vehicle National Law Application (Infringements) Amendment Regulations 2018
67/2019	Heavy Vehicle National Law Application (Infringements) Amendment Regulations 2019
22/2020	Heavy Vehicle National Law Application (Infringements) Amendment Regulations 2020

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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 2023, S.R. No. 118/2023 were made on 14 November 2023 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 2 December 2023: regulation 3.

The Heavy Vehicle National Law Application (Infringements) Regulations 2023 will sunset 10 years after the day of making on 14 November 2033 (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

There are no amendments made to the Heavy Vehicle National Law Application (Infringements) Regulations 2023 by statutory rules, subordinate instruments and Acts.

3 Explanatory details

Penalties

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

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

This penalty for a prescribed offence is stated in section 25 of the Heavy Vehicle National Law Application Act 2013.

Section 737 of the Heavy Vehicle National Law (Victoria) provides for a method for penalties to increase each year on 1 July. The new penalties that apply to an offence under the Heavy Vehicle National Law (Victoria) are 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 a prescribed offence, regulations are not required to set the infringement penalty for each prescribed offence.