Heavy Vehicle National Law (Consequential Amendments) Act 2013 (ACT)
Heavy Vehicle National Law (Consequential Amendments) Act 2013
A2013-52
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Legislation amended 2
4 Legislation repealed 3
Part 2Freedom of Information Regulation 1991
5 New section 2B 4
Part 3Legislation Act 2001
6 Dictionary, part 1, new definition of Heavy Vehicle National Law (ACT) 5
Part 4Magistrates Court Act 1930
7 Meaning of prescribed offence for pt 3.7New section 116AA (1) (ab) 6
8 Section 116AA (2), definition of road transport legislation, paragraph (c) 6
Part 5Road Transport (Alcohol and Drugs) Act 1977
9 Name of ActSection 1, note 2 7
10 Section 1, note 3 7
11 Meaning of special driverSection 4B (3), definition of heavy vehicle 7
Part 6Road Transport (Driver Licensing) Act 1999
12 Name of ActSection 1, note 2 8
13 Section 1, note 3 8
14 Driver must be licensedSection 31 (10), notes 9
Part 7Road Transport (Driver Licensing) Regulation 2000
15 Vehicles authorised to be driven by licence classesSection 9 (3) (b) 10
16 Heavy vehicle learnersSection 23, notes 3 and 4 10
17 When authority may vary, suspend or cancel driver licencesSection 87, note 2 11
Part 8Road Transport (General) Act 1999
18 Name of ActSection 1, note 2 12
19 Section 1, note 3 12
20 What is the road transport legislation?Section 6 (d) 12
21 Sections 20 (1) and 21, notes 12
22 Definitions—pt 3Section 21A, new definition of heavy vehicle infringement notice offence 12
23 Infringement noticesSection 24 (1) and (2) 13
24 New section 24 (5) 13
25 Infringement notice—payment of penalty etcSection 26, note 3 14
26 Action on service of reminder notice—payment of penalty etcSection 28, note 2 14
27 Time for beginning prosecution for infringement notice offenceSection 31 14
28 Section 31, new note 15
29 Infringement notice—effect of penalty payment etcSection 39 (1) (a) (iii) (B) 15
30 Section 39 (1) (c) (iii) (B) 15
31 Suspension for nonpayment of infringement notice penaltiesSection 44 (1) (a) 15
32 Section 44 (1) (a), new note 15
33 Procedure if liability disputedSection 53 (2) 16
34 Section 53 (4) 16
35 Section 53 (5) 16
36 Section 53 (6) and note 17
37 Authorised people for infringement notice offencesSection 53A (1) 17
38 Section 53A (1), new note 17
39 Section 53A (2) 17
40 Section 53A (3) 18
41 Delegation of administering authority’s functionsNew section 54 (1) (d) 19
42 Police officer or authorised person may require name, date of birth, address and driver licence—driver or riderSection 58 (1), new note 19
43 Police officer or authorised person may require people to disclose identity of driverSection 60 (1), new note 19
44 Court may order disqualification for other offencesSection 64, note 19
45 Determination of fees, charges and other amountsSection 96 (5), new definition of road transport legislation 20
46 Dictionary, new definition of heavy vehicle infringement notice offence 20
47 Dictionary, definition of infringement notice 20
Part 9Road Transport (General) Regulation 2000
48 Internally reviewable decisionsSchedule 1, parts 1.6A and 1.6B 21
Part 10Road Transport (Offences) Regulation 2005
49 Identifying particulars for authorised person for infringement notice offence—pt 2New section 4D, definition of identifying particulars, paragraph (c) 22
50 Infringement notice penalties—Act, dict, def infringement notice penalty, par (a)Section 6 (2) 22
51 Administering authority—Act, dict, def administering authoritySection 8 (1) (c) (i) and (ii) 22
52 New section 8 (3) and (4) 23
53 Sections 9 to 11 23
54 Infringement notices—service—Act, s 24 (2)Section 12 (2) (b) (ii) and (3) (b) (ii) 24
55 Infringement notices—contents—Act, s 25Section 14A (2) (f) 24
56 Section 14A (2) (g) 25
57 Reminder notices—contents—Act, s 27 (3)Section 14B (1) (p) 25
58 Section 14B (1) (q) 25
59 Short descriptions, penalties and demerit pointsSchedule 1, new parts 1.2A and 1.2B 26
60 Schedule 1, parts 1.8A and 1.8B 61
Part 11Road Transport (Public Passenger Services) Act 2001
61 Name of ActSection 1, note 2 62
62 Section 1, note 3 62
Part 12 Road Transport (Safety and Traffic Management) Act 1999
63 Name of ActSection 1, note 2 63
64 Section 1, note 3 63
Part 13Road Transport (Safety and Traffic Management) Regulation 2000
65 GeneralDivision 2.2.1 heading, note 3, table, item 8, column 3 64
66 ARR dict—definitions for dictionarySection 33 (1), definition of oversize vehicle, paragraph (a) 64
Part 14Road Transport (Third-Party Insurance) Act 2008
67 Name of ActSection 1, note 2 65
68 Section 1, note 3 65
Part 15Road Transport (Vehicle Registration) Act 1999
69 Name of ActSection 1, note 2 66
70 Section 1, note 3 66
71 Dictionary, definition of vehicle standard 66
Heavy Vehicle National Law (Consequential Amendments) Act 2013
A2013-52
An Act to amend legislation because of the enactment of the Heavy Vehicle National Law (ACT) Act 2013, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Part 1Preliminary
Name of Act
This Act is the Heavy Vehicle National Law (Consequential Amendments) Act 2013.
Commencement
This Act commences on the commencement of the Heavy Vehicle National Law (ACT) Act 2013, section 7 (Application of Heavy Vehicle National Law).
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Legislation amended
This Act amends the following legislation:
· Freedom of Information Regulation 1991
· Legislation Act 2001
· Magistrates Court Act 1930
· Road Transport (Alcohol and Drugs) Act 1977
· Road Transport (Driver Licensing) Act 1999
· Road Transport (Driver Licensing) Regulation 2000
· Road Transport (General) Act 1999
· Road Transport (General) Regulation 2000
· Road Transport (Offences) Regulation 2005
· Road Transport (Public Passenger Services) Act 2001
· Road Transport (Safety and Traffic Management) Act 1999
· Road Transport (Safety and Traffic Management) Regulation 2000
· Road Transport (Third-Party Insurance) Act 2008
· Road Transport (Vehicle Registration) Act 1999.
Legislation repealed
(1)The following legislation is repealed:
· Road Transport (Mass, Dimensions and Loading) Act 2009 (A2009-22)
· Road Transport (Mass, Dimensions and Loading) Regulation 2010 (SL2010-4)
· Road Transport (General) (Restricted Access Vehicle Route Access Permit Fees) Determination 2010 (No 1) (DI2010-23).
(2)All other legislative instruments under the Road Transport (Mass, Dimensions and Loading) Act 2009 are repealed.
Part 2Freedom of Information Regulation 1991
New section 2B
insert
2BRegulator and Board not prescribed authorities—Act, dict, def prescribed authority, par (a) (ii)
(1)The Regulator and Board are not prescribed authorities.
(2)In this section:
Board—see the Heavy Vehicle National Law (ACT), section 5.
Regulator—see the Heavy Vehicle National Law (ACT), section 5.
Part 3Legislation Act 2001
Dictionary, part 1, new definition of Heavy Vehicle National Law (ACT)
insert
Heavy Vehicle National Law (ACT) means the provisions applying in the ACT because of the Heavy Vehicle National Law (ACT) Act 2013, section 7 (Application of Heavy Vehicle National Law).
Part 4Magistrates Court Act 1930
Meaning of prescribed offence for pt 3.7
New section 116AA (1) (ab)insert
(ab)for an offence against the Heavy Vehicle National Law (ACT)—the maximum fine that can be imposed on the person for the offence is $3 000 or another amount prescribed by regulation; or
Section 116AA (2), definition of road transport legislation, paragraph (c)
omit
Part 5Road Transport (Alcohol and Drugs) Act 1977
Name of Act
Section 1, note 2omit
· Road Transport (Mass, Dimensions and Loading) Act 2009
Section 1, note 3
substitute
Note 3Other laws dealing with road transport include the Dangerous Goods (Road Transport) Act 2009 and the Heavy Vehicle National Law (ACT).
Note 4A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Meaning of special driver
Section 4B (3), definition of heavy vehiclesubstitute
heavy vehicle—see the Heavy Vehicle National Law (ACT), section 5.
Part 6Road Transport (Driver Licensing) Act 1999
Name of Act
Section 1, note 2omit
· Road Transport (Mass, Dimensions and Loading) Act 2009
Section 1, note 3
substitute
Note 3Other laws dealing with road transport include the Dangerous Goods (Road Transport) Act 2009 and the Heavy Vehicle National Law (ACT).
Note 4A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Driver must be licensed
Section 31 (10), notessubstitute
Note 1The offences in this section do not apply to an authorised officer (including a police officer) or authorised assistant who drives a heavy vehicle under the Heavy Vehicle National Law (ACT), s 519 (Moving unattended heavy vehicle on road if causing harm etc.).
Note 2The offences in this section do not apply to an authorised officer (including a police officer) or authorised assistant who starts or stops a heavy vehicle’s engine under the Heavy Vehicle National Law (ACT), s 523 (Starting or stopping heavy vehicle engine). Under that section, an authorised officer or assistant may start or stop a heavy vehicle’s engine to assist with the exercise of powers under that Law.
Note 3The offences in this section do not apply to a person who is required by an authorised officer (including a police officer) under the Heavy Vehicle National Law (ACT), s 577 (Power to require reasonable help) to start or stop a heavy vehicle’s engine.
Part 7Road Transport (Driver Licensing) Regulation 2000
Vehicles authorised to be driven by licence classes
Section 9 (3) (b)substitute
(b)to drive a motor vehicle in contravention of the Heavy Vehicle National Law (ACT); or
Heavy vehicle learners
Section 23, notes 3 and 4substitute
Note 3However, the offences in relation to s (3) (a) to (d) do not apply to an authorised officer (including a police officer) or authorised assistant who drives a heavy vehicle under the Heavy Vehicle National Law (ACT), s 519 (Moving unattended heavy vehicle on road if causing harm etc.).
Note 4Also, the offences in relation to s (3) (a) to (d) do not apply to a person who starts or stops a heavy vehicle’s engine under the Heavy Vehicle National Law (ACT), s 523 (Starting or stopping heavy vehicle engine). Under that section, an authorised officer or authorised assistant may start or stop a heavy vehicle’s engine to assist with the exercise of powers under that Law.
Note 5Also, the offences in relation to s (3) (a) to (d) do not apply to a person who is required by an authorised officer under the Heavy Vehicle National Law (ACT), s 577 (Power to require reasonable help) to start or stop a heavy vehicle’s engine.
When authority may vary, suspend or cancel driver licences
Section 87, note 2substitute
Note 2A court may also order licence variation, suspension and cancellation under the Heavy Vehicle National Law (ACT), s 598A.
Part 8Road Transport (General) Act 1999
Name of Act
Section 1, note 2omit
· Road Transport (Mass, Dimensions and Loading) Act 2009
Section 1, note 3
substitute
Note 3Other laws dealing with road transport include the Dangerous Goods (Road Transport) Act 2009 and the Heavy Vehicle National Law (ACT).
Note 4A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
What is the road transport legislation?
Section 6 (d)omit
Sections 20 (1) and 21, notes
omit
Definitions—pt 3
Section 21A, new definition of heavy vehicle infringement notice offenceinsert
heavy vehicle infringement notice offence means an infringement notice offence against the Heavy Vehicle National Law (ACT).
Infringement notices
Section 24 (1) and (2)substitute
(1)Subsection (2) applies if an authorised person reasonably believes that a person has committed an infringement notice offence (other than a heavy vehicle infringement notice offence).
(2)A notice for the offence may be served on the person.
NoteAn authorised officer under the Heavy Vehicle National Law (ACT) may serve a person with a notice if the officer reasonably believes the person has committed a heavy vehicle infringement notice offence (see Heavy Vehicle National Law (ACT), s 591 (1)).
(2A) An infringement notice must be served in the way prescribed by regulation.
Note The Heavy Vehicle National Law (ACT), s 591 (2) provides that the procedures to be followed in connection with a heavy vehicle infringement notice are to be the procedures prescribed under the Infringement Notice Offences Law for the territory (see also s 5, def Infringement Notice Offences Law and Heavy Vehicle National Law (ACT) Act 2013, s 13).
New section 24 (5)
insert
(5)In this section:
infringement notice means—
(a)a notice mentioned in subsection (2); and
(b)a notice mentioned in the Heavy Vehicle National Law (ACT), section 591 (1) (Infringement Notices).
Infringement notice—payment of penalty etc
Section 26, note 3substitute
Note 3If a person disputes liability for an infringement notice offence (other than a heavy vehicle infringement notice offence), the administering authority may lay an information in the Magistrates Court against the person for the offence (see s 53). For proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT), s 707.
Action on service of reminder notice—payment of penalty etc
Section 28, note 2substitute
Note 2If a person disputes liability for an infringement notice offence (other than a heavy vehicle infringement notice offence), the administering authority may lay an information in the Magistrates Court against the person for the offence (see s 53). For proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT), s 707.
Time for beginning prosecution for infringement notice offence
Section 31after
infringement notice offence
insert
(other than a heavy vehicle infringement notice offence)
Section 31, new note
insert
NoteFor proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT), s 707.
Infringement notice—effect of penalty payment etc
Section 39 (1) (a) (iii) (B)substitute
(B)a proceeding had not been brought against the person for the offence; or
Section 39 (1) (c) (iii) (B)
substitute
(B)a proceeding had not been brought against a responsible person for the vehicle for the offence.
Suspension for nonpayment of infringement notice penalties
Section 44 (1) (a)after
part
insert
or the Heavy Vehicle National Law (ACT)
Section 44 (1) (a), new note
insert
NoteA notice may be served on a person by an authorised officer for a heavy vehicle infringement notice offence (see Heavy Vehicle National Law (ACT), s 591 (1)).
Procedure if liability disputed
Section 53 (2)substitute
(2)The administering authority may—
(a)for a heavy vehicle infringement notice offence—bring a proceeding against the person under the Heavy Vehicle National Law (ACT) within 60 days after being given the notice; or
NoteFor proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT), s 707.
(b)in any other case—lay an information in the Magistrates Court against the person for the offence within 60 days after being given the notice.
Section 53 (4)
omit everything after
after
substitute
a proceeding or information mentioned in subsection (2) had been brought or laid against the person for the offence.
Section 53 (5)
omit
lay an information in the Magistrates Court
substitute
bring a proceeding or lay an information mentioned in subsection (2)
Section 53 (6) and note
substitute
(6)To remove any doubt, subsection (2) does not permit the administering authority to bring a proceeding or lay an information against a person for an offence after the end of the time within which, apart from this section, a prosecution may be brought against the person for the offence.
NoteFor the time within which a prosecution for an infringement notice offence other than a heavy vehicle infringement notice offence must be begun, see s 31. For proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT), s 707.
Authorised people for infringement notice offences
Section 53A (1)after
infringement notice offence
insert
(other than a heavy vehicle infringement notice offence)
Section 53A (1), new note
insert
Note 3Infringement notices for heavy vehicle infringement notice offences are served by authorised officers within the meaning of the Heavy Vehicle National Law (ACT) (see Law, s 591 (1)).
Section 53A (2)
after
infringement notice offences
insert
, other than a heavy vehicle infringement notice offence
Section 53A (3)
substitute
(3)In this part:
authorised person means—
(a)for an infringement notice or a reminder notice for a heavy vehicle infringement notice offence—an authorised officer under the Heavy Vehicle National Law (ACT); or
NoteAn authorised officer for the Heavy Vehicle National Law (ACT) means a police officer or any other person appointed under the Law, s 481 (see also Law, s 5, def authorised officer).
(b)in any other case—
(i)for an infringement notice for an infringement notice offence—
(A)the administering authority; or
(B)a person who is appointed under subsection (1) by the administering authority to serve an infringement notice for the offence; or
(C)anyone else who, under the regulations, may serve an infringement notice for the offence; or
(ii)for a reminder notice for an infringement notice offence—
(A)the administering authority; or
(B)a person who is appointed under subsection (1) by the administering authority to serve a reminder notice for the offence; or
(C)anyone else who, under the regulations, may serve a reminder notice for the offence.
Delegation of administering authority’s functions
New section 54 (1) (d)before the note, insert
(d)an authorised officer under the Heavy Vehicle National Law (ACT).
Police officer or authorised person may require name, date of birth, address and driver licence—driver or rider
Section 58 (1), new noteinsert
NoteAn authorised officer (within the meaning of the Heavy Vehicle National Law (ACT)) may require a driver of a heavy vehicle to produce the driver’s driver licence (see Law, s 567A).
Police officer or authorised person may require people to disclose identity of driver
Section 60 (1), new noteafter the penalty, insert
NoteThe responsible person for, or possessor of, a heavy vehicle must disclose the identity of the driver of the heavy vehicle if required under the Heavy Vehicle National Law (ACT), s 567B.
Court may order disqualification for other offences
Section 64, notesubstitute
NoteA court may also order that a driver is disqualified from obtaining or holding an Australian driver licence under the Heavy Vehicle National Law (ACT), s 598A.
Determination of fees, charges and other amounts
Section 96 (5), new definition of road transport legislationinsert
road transport legislation includes the Heavy Vehicle National Law (ACT).
Dictionary, new definition of heavy vehicle infringement notice offence
insert
heavy vehicle infringement notice offence, for part 3 (Infringement notices for certain offences)—see section 21A.
Dictionary, definition of infringement notice
omit
section 24 (2)
substitute
section 24 (5)
Part 9Road Transport (General) Regulation 2000
Internally reviewable decisions
Schedule 1, parts 1.6A and 1.6Bomit
Part 10Road Transport (Offences) Regulation 2005
Identifying particulars for authorised person for infringement notice offence—pt 2
New section 4D, definition of identifying particulars, paragraph (c)insert
(c)for an authorised officer under the Heavy Vehicle National Law (ACT) other than a police officer—the identification number allocated to the officer under the Law, section 486.
Infringement notice penalties—Act, dict, def infringement notice penalty, par (a)
Section 6 (2)substitute
(2)However, if the infringement notice offence—
(a)is a heavy vehicle infringement notice offence and the person is a corporation, the penalty payable by the person for the infringement notice offence is P x 5; or
(b)is a camera-detected offence and the person is a corporation, the penalty payable by the person for the infringement notice offence is the amount worked out as follows:
(P × 5) - 120
Administering authority—Act, dict, def administering authority
Section 8 (1) (c) (i) and (ii)omit
New section 8 (3) and (4)
insert
(3)The Regulator under the Heavy Vehicle National Law (ACT) is the administering authority for heavy vehicle infringement notice offences.
(4)However, the Regulator is taken to have delegated the Regulator’s functions in relation to the administration of infringement notice management plans (including applications for the plans) for heavy vehicle infringement notice offences to the road transport authority.
Sections 9 to 11
substitute
Authorised people for infringement notices other than heavy vehicle infringement notices—Act, s 53A (2)
A police officer may serve an infringement notice for any infringement notice offence (other than a heavy vehicle infringement notice offence).
NoteA police officer may also serve infringement notices for heavy vehicle infringement notice offences (see Heavy Vehicle National Law (ACT), s 5, def authorised officer and s 591 (1) and the Act, s 53A (3) (a)).
Authorised people for reminder notices other than heavy vehicle infringement notices—Act, s 53A (2)
A police officer may serve a reminder notice for any infringement notice offence (other than a heavy vehicle infringement notice offence).
NoteA police officer may also serve reminder notices for heavy vehicle infringement notice offences (see Heavy Vehicle National Law (ACT), s 5, def authorised officer and s 591 (1) and the Act, s 53A (3) (a)).
People authorised for infringement notices (other than heavy vehicle infringement notices) etc to have unique number
The administering authority for an infringement notice offence (other than a heavy vehicle infringement notice offence) must give a unique number to each person who is authorised by the administering authority to serve infringement or reminder notices for the offence.
NoteFor heavy vehicle infringement notice offences, the Regulator under the Heavy Vehicle National Law (ACT) allocates an identification number to authorised officers under the Law, s 486.
Infringement notices—service—Act, s 24 (2)
Section 12 (2) (b) (ii) and (3) (b) (ii)after
road transport legislation
insert
, Heavy Vehicle National Law (ACT)
Infringement notices—contents—Act, s 25
Section 14A (2) (f)substitute
(f)a statement to the effect that, if the person wants to dispute liability for the offence—
(i)for a heavy vehicle infringement notice offence—a proceeding may be brought against the person under the Heavy Vehicle National Law (ACT); or
NoteFor proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT), s 707.
(ii)in any other case—the issue may be referred to the Magistrates Court;
Section 14A (2) (g)
omit everything before subparagraph (i), substitute
(g)a statement to the effect that, if a proceeding or issue mentioned in paragraph (f) had been brought or referred, the person may be—
Reminder notices—contents—Act, s 27 (3)
Section 14B (1) (p)substitute
(p)a statement to the effect that, if the person wants to dispute liability for the offence—
(i)for a heavy vehicle infringement notice offence—a proceeding may be brought against the person under the Heavy Vehicle National Law (ACT); or
NoteFor proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT), s 707.
(ii)in any other case—the issue may be referred to the Magistrates Court;
Section 14B (1) (q)
omit everything before subparagraph (i), substitute
(q)a statement to the effect that, if a proceeding or issue mentioned in paragraph (p) had been brought or referred, the person may be—
Short descriptions, penalties and demerit points
Schedule 1, new parts 1.2A and 1.2Binsert
Part 1.2AHeavy Vehicle National Law (ACT)
| column 1 item | column 2 offence provision and, if relevant, case | column 3 short description | column 4 offence penalty ($) | column 5 infringement penalty ($) | column 6 demerit points |
| 1 | 60 (1) | ||||
| 1.1 | · if heavy vehicle standard relates to speed limiter | use of heavy vehicle that contravenes heavy vehicle standard | 6 000 | 600 | |
| 1.2 | · in any other case | use of heavy vehicle that contravenes heavy vehicle standard | 3 000 | 300 | |
| 2 | 79 (2) | not return as required amended/cancelled vehicle standards exemption (permit) | 4 000 | 400 | |
| 3 | 80 (1) | not apply as required for replacement for defaced/destroyed/lost/stolen permit for vehicle standards exemption (permit) | 4 000 | ||
| 4 | 81 (1) | contravene condition of vehicle standards exemption | 3 000 | 300 | |
| 5 | 81 (2) | use/permit to be used/heavy vehicle that contravenes condition of vehicle standards exemption | 3 000 | 300 | |
| 6 | 81 (3) | use/permit to be used/heavy vehicle in way that contravenes condition of vehicle standards exemption | 3 000 | 300 | |
| 7 | 82 (2) | driver of heavy vehicle fail to comply with condition of vehicle standards exemption (notice) that must keep relevant document in driver’s possession | 3 000 | 300 | |
| 8 | 82 (3) | each relevant party for driver of heavy vehicle commits offence if driver commits offence against s 82 (2) | 3 000 | 300 | |
| 9 | 83 (1) | driver of heavy vehicle not keep copy of permit for vehicle standards exemption (permit) in driver’s possession | 3 000 | 300 | |
| 10 | 83 (2) | driver of heavy vehicle not return copy of permit for vehicle standards exemption (permit) to relevant party for driver on stopping working for relevant party | 3 000 | 300 | |
| 11 | 83 (3) | each relevant party for driver of heavy vehicle commits offence if driver commits offence against s 83 (1) | 3 000 | 300 | |
| 12 | 85 (1) | unapproved modification of heavy vehicle | 3 000 | 300 | |
| 13 | 85 (2) | use/permit to be used unapproved modified heavy vehicle | 3 000 | 300 | |
| 14 | 86 (2) | approved vehicle examiner who approves modification of heavy vehicle not give certificate approving modification as required and not ensure complying plate/label fitted/affixed to vehicle | 3 000 | 300 | |
| 15 | 89 (1) | use/permit to be used unsafe heavy vehicle | 6 000 | 600 | |
| 16 | 90 (1) | use/permit to be used heavy vehicle not fitted with emission control system if required by heavy vehicle standard | 3 000 | 300 | |
| 17 | 90 (2) | use/permit to be used heavy vehicle fitted with emission control system not operating as designed | 3 000 | 300 | |
| 18 | 90 (3) | use/permit to be used heavy vehicle fitted with emission control system and operate system in way causes non-compliance with heavy vehicle standard | 3 000 | 300 | |
| 19 | 91 (1) | tamper with emission control system fitted to heavy vehicle | 10 000 | ||
| 20 | 91 (2) | operator of heavy vehicle use/permit to be used vehicle fitted with tampered emission control system | 10 000 | ||
| 21 | 92 (2) | use/permit to be used incorrect warning sign on heavy vehicle | 3 000 | 300 | |
| 22 | 93 (1) | tamper with speed limiter fitted to heavy vehicle | 10 000 | ||
| 23 | 93 (2) | fit tampered speed limiter to heavy vehicle | 10 000 | ||
| 24 | 93 (3) | operator of heavy vehicle use vehicle fitted with tampered speed limiter | 10 000 | ||
| 25 | 96 (1) | ||||
| 25.1 | · minor risk breach | drive heavy vehicle if vehicle (with load) not comply with mass requirements applying to vehicle—minor risk breach | 4 000 | 400 | |
| 25.2 | · substantial risk breach | drive heavy vehicle if vehicle (with load) not comply with mass requirements applying to vehicle—substantial risk breach | 6 000 | 600 | |
| 25.3 | · severe risk breach | drive heavy vehicle if vehicle (with load) not comply with mass requirements applying to vehicle—severe risk breach | 10 000-30 000 | ||
| 26 | 102 (1) | ||||
| 26.1 | · heavy vehicle not have goods or passengers | drive heavy vehicle if vehicle (with load) not comply with dimension requirements applying to vehicle without goods or passengers | 3 000 | 300 | |
| 26.2 | · heavy vehicle has goods or passengers and minor risk breach | drive heavy vehicle if vehicle (with load) not comply with dimension requirements applying to vehicle with goods or passengers—minor risk breach | 3 000 | 300 | |
| 26.3 | · heavy vehicle has goods or passengers and substantial risk breach | drive heavy vehicle if vehicle (with load) not comply with dimension requirements applying to vehicle with goods or passengers—substantial risk breach | 5 000 | 500 | |
| 26.4 | · heavy vehicle has goods or passengers and severe risk breach | drive heavy vehicle if vehicle (with load) not comply with dimension requirements applying to vehicle with goods or passengers—severe risk breach | 10 000 | ||
| 27 | 109 (2) | use heavy vehicle with stated projecting load without warning signal fixed to back of load | 3 000 | 300 | |
| 28 | 111 (1) | ||||
| 28.1 | · minor risk breach | drive heavy vehicle if vehicle not comply with loading requirements—minor risk breach | 3 000 | 300 | |
| 28.2 | · substantial risk breach | drive heavy vehicle if vehicle not comply with loading requirements—substantial risk breach | 5 000 | 500 | |
| 28.3 | · severe risk breach | drive heavy vehicle if vehicle not comply with loading requirements—severe risk breach | 10 000 | ||
| 29 | 129 (1) | driver/operator of heavy vehicle contravene condition of mass or dimension exemption | 6 000 | 600 | |
| 30 | 129 (2) | use/permit to be used heavy vehicle that contravenes condition of mass or dimension exemption | 6 000 | 600 | |
| 31 | 129 (3) | use heavy vehicle in way that contravenes condition of mass or dimension exemption | 6 000 | 600 | |
| 32 | 130 (2) | driver of pilot/escort vehicle accompanying heavy vehicle not comply with conditions of mass or dimension exemption about use of pilot/escort vehicle | 6 000 | 600 | |
| 33 | 130 (3) | operator of heavy vehicle commits offence if driver of pilot/escort vehicle commits offence against s 130 (2) | 6 000 | 600 | |
| 34 | 131 (1) | driver of pilot vehicle accompanies heavy vehicle that contravenes condition of mass or dimension exemption | 6 000 | 600 | |
| 35 | 132 (2) | driver of class 1/class 3 heavy vehicle fail to comply with condition of mass or dimension exemption (notice) that must keep relevant document in driver’s possession | 3 000 | 300 | |
| 36 | 132 (3) | each relevant party for driver of class 1/class 3 heavy vehicle commits offence if driver commits offence against s 132 (2) | 3 000 | 300 | |
| 37 | 133 (1) | driver of class 1/class 3 heavy vehicle not keep copy of permit for mass or dimension exemption (permit) in driver’s possession | 3 000 | 300 | |
| 38 | 133 (2) | driver of class 1/class 3 heavy vehicle not return copy of permit for mass or dimension exemption (permit) to relevant party for driver on stopping working for relevant party | 4 000 | 400 | |
| 39 | 133 (3) | each relevant party for driver of class 1/class 3 heavy vehicle commits offence if driver commits offence against s 133 (1) | 3 000 | 300 | |
| 40 | 134 (1) | display heavy vehicle warning sign on heavy vehicle not under dimension exemption | 3 000 | 300 | |
| 41 | 134 (2) | display pilot vehicle warning sign on pilot vehicle not being used as pilot vehicle for heavy vehicle used under dimension exemption | 3 000 | 300 | |
| 42 | 137 | not use class 2 heavy vehicle in accordance with class 2 heavy vehicle authorisation | 6 000 | 600 | |
| 43 | 150 (1) | driver/operator of class 2 heavy vehicle contravene condition of class 2 heavy vehicle authorisation | 6 000 | 600 | |
| 44 | 151 (2) | driver of class 2 heavy vehicle not comply with condition of class 2 heavy vehicle authorisation (notice) that must keep relevant document in driver’s possession | 3 000 | 300 | |
| 45 | 151 (3) | each relevant party for driver of class 2 heavy vehicle commits offence if driver commits offence against s 151 (2) | 3 000 | 300 | |
| 46 | 152 (1) | driver of class 2 heavy vehicle not keep copy of class 2 heavy vehicle authorisation (permit) in driver’s possession | 3 000 | 300 | |
| 47 | 152 (2) | driver of class 2 heavy vehicle not return copy of permit for class 2 heavy vehicle authorisation (permit) to relevant party for driver on stopping working for relevant party | 4 000 | 400 | |
| 48 | 152 (3) | each relevant party for driver of class 2 heavy vehicle commits offence if driver commits offence against s 152 (1) | 3 000 | 300 | |
| 49 | 153 (1) | driver of class 2 PBS heavy vehicle not keep copy of PBS vehicle approval in driver’s possession | 3 000 | 300 | |
| 50 | 153 (2) | each relevant party for driver of class 2 PBS heavy vehicle commits offence if driver commits offence against s 153 (1) | 3 000 | 300 | |
| 51 | 181 (3) | not return as required amended/cancelled mass or dimension authority permit | 4 000 | 400 | |
| 52 | 182 (1) | not apply as required for replacement for defaced/destroyed/lost/stolen mass or dimension authority permit | 4 000 | ||
| 53 | 183 (2) | ||||
| 53.1 | by contravening: · 96—mass requirements: minor risk breach | employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 96—minor risk breach | 4 000 | 400 | |
| 53.2 | by contravening: · 96—mass requirements: substantial risk breach | employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 96—substantial risk breach | 6 000 | 600 | |
| 53.3 | by contravening: · 96—mass requirements: severe risk breach | employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 96—severe risk breach | 10 000-30 000 | ||
| 53.4 | by contravening: · 102—dimension requirements: heavy vehicle without goods or passengers | employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 102—applying to vehicle without goods or passengers | 3 000 | 300 | |
| 53.5 | by contravening: · 102—dimension requirements: minor risk breach | employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 102—minor risk breach | 3 000 | 300 | |
| 53.6 | by contravening: · 102—dimension requirements: substantial risk breach | employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 102—substantial risk breach | 5 000 | 500 | |
| 53.7 | by contravening: · 102—dimension requirements: severe risk breach | employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 102—severe risk breach | 10 000 | ||
| 53.8 | by contravening: · 111—loading requirements: minor risk breach | employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 111—minor risk breach | 3 000 | 300 | |
| 53.9 | by contravening: · 111—loading requirements: substantial risk breach | employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 111—substantial risk breach | 5 000 | 500 | |
| 53.10 | by contravening: · 111—loading requirements: severe risk breach | employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 111—severe risk breach | 10 000 | ||
| 54 | 184 (1) | drive heavy vehicle towing more than 1 other vehicle | 3 000 | 300 | |
| 55 | 185 (1) | use heavy combination with trailer in combination not securely coupled to vehicle in front | 6 000 | 600 | |
| 56 | 185 (2) | use heavy combination with components of coupling not compatible/properly connected | 6 000 | 600 | |
| 57 | 186 (2) | each consignor of goods commits offence if false/misleading transport documentation for mass, dimension or loading of goods | 10 000 | ||
| 58 | 186 (3) | each packer of goods commits offence if goods packed for road transport and if false/misleading transport documentation for mass, dimension or loading of goods | 10 000 | ||
| 59 | 186 (4) | each loading manager/loader of goods commits offence if goods loaded for road transport and if false/misleading transport documentation for mass, dimension or loading of goods | 10 000 | ||
| 60 | 186 (5) | each receiver of goods commits offence if goods packed for road transport and if false/misleading transport documentation for mass, dimension or loading of goods | 10 000 | ||
| 61 | 187 (2) | responsible entity for freight container gives container to operator of heavy vehicle with false/misleading container weight declaration | 10 000 | ||
| 62 | 187 (3) | operator of heavy vehicle commits offence if freight container to be transported and false/misleading container weight declaration | 10 000 | ||
| 63 | 190 (1) | responsible entity permits operator/driver of heavy vehicle to transport freight container without complying container weight declaration | 6 000 | 600 | |
| 64 | 191 (1) | operator permits driver of heavy vehicle to transport freight container without complying container weight declaration | 6 000 | 600 | |
| 65 | 191 (3) | operator of heavy vehicle gives freight container to carrier without complying container weight declaration or prescribed particulars in complying container weight declaration | 6 000 | 600 | |
| 66 | 192 (1) | drive heavy vehicle with freight container without complying container weight declaration | 6 000 | 600 | |
| 67 | 192 (2) | driver of heavy vehicle not keep as required complying container weight declaration while transporting freight container | 3 000 | 300 | |
| 68 | 193 (2) | each consignor/packer commits offence if weight of freight container exceeds maximum gross weight marked on container/container’s safety approval plate | 10 000 | ||
| 69 | 194 (1) | consignee of goods by act or omission induces or rewards contravention of mass, dimension or loading requirement | 10 000 | ||
| 70 | 488 | authorised officer not return identity card as required | 3 000 | 300 | |
| 71 | 513 (4) | driver of heavy vehicle fail to comply with authorised officer’s direction to stop | 6 000 | 600 | |
| 72 | 514 (3) | driver of heavy vehicle fail to comply with authorised officer’s direction not to move vehicle/interfere with vehicle or equipment/interfere with vehicle load | 6 000 | 600 | |
| 73 | 516 (3) | driver/operator of heavy vehicle fail to comply with authorised officer’s direction to move stationary/stopped vehicle | 6 000 | 600 | |
| 74 | 517 (4) | driver/operator of heavy vehicle fail to comply with authorised officer’s direction to move vehicle/or do anything else to avoid harm/obstruction | 6 000 | 600 | |
| 75 | 522 (5) | person in charge/registered operator/owner of heavy vehicle not produce vehicle for inspection as required by authorised officer’s notice | 6 000 | 600 | |
| 76 | 524 (5) | ||||
| 76.1 | · direction under s 524 (2) | driver of heavy vehicle fail to comply with authorised officer’s direction to vacate/not occupy driver’s seat or leave/not enter vehicle | 6 000 | 600 | |
| 76.2 | · direction under s 524 (3) | person accompanying driver fail to comply with authorised officer’s direction to leave/ not enter vehicle | 3 000 | 300 | |
| 77 | 526 (4) | driver of heavy vehicle not give defect notice to operator as required | 3 000 | 300 | |
| 78 | 528 (3) | remove/deface defective vehicle label attached to heavy vehicle | 3 000 | 300 | |
| 79 | 529 | ||||
| 79.1 | · minor defect | use/permit to be used heavy vehicle in contravention of vehicle defect notice—minor defect | 3 000 | 300 | 1 (NS) |
| 79.2 | · major defect | use/permit to be used heavy vehicle in contravention of vehicle defect notice—major defect | 3 000 | 300 | 3 (NS) |
| 80 | 533 (7) | driver/operator of heavy vehicle fail to comply with authorised officer’s direction in relation to stated minor risk breach of mass, dimension or loading requirements | 10 000 | 1 000 | |
| 81 | 534 (5) | driver/operator of heavy vehicle fail to comply with authorised officer’s direction in relation to stated substantial risk breach of mass, dimension or loading requirements | 10 000 | 1 000 | |
| 82 | 535 (5) | driver/operator of heavy vehicle fail to comply with authorised officer’s direction in relation to stated severe risk breach of mass, dimension or loading requirements | 10 000 | ||
| 83 | 553 (3) | fail to comply with authorised officer’s requirement to enable seizure of thing | 10 000 | ||
| 84 | 558 (1) | fail to comply with embargo notice | 10 000 | ||
| 85 | 558 (3) | not take reasonable steps to stop someone else from contravening embargo notice | 10 000 | ||
| 86 | 559 (3) | fail to comply with authorised officer’s requirement to seal/restrict access to/make inoperable embargoed thing | 10 000 | ||
| 87 | 559 (4) | tamper with restricted access/embargoed thing without authorised officer’s approval | 10 000 | ||
| 88 | 559 (5) | enter restricted place/tamper with anything used to restrict access to place without authorised officer’s approval | 10 000 | ||
| 89 | 567 (4) | not state/give evidence of name/address/date of birth when required by authorised officer | 3 000 | 300 | |
| 90 | 567A | driver of heavy vehicle not give licence when required by authorised officer | 20pu | 135 | |
| 91 | 567B | responsible person/possessor not give particulars of driver/written signed statement required by authorised officer | 20pu | 203 | |
| 92 | 568 (3) | driver of heavy vehicle not give document/device/other thing when required by authorised officer | an amount equal to amount of maximum penalty for offence of failing to keep document/ device/other thing in driver’s possession | 300 | |
| 93 | 568 (7) | person responsible for keeping document not certify copy or entry in document when required by authorised officer | 3 000 | 300 | |
| 94 | 569 (2) | responsible person for heavy vehicle not make available or produce stated document for inspection when required by authorised officer | 6 000 | 600 | |
| 95 | 569 (7) | person responsible for keeping document not certify copy or entry in document when required by authorised officer | 3 000 | 300 | |
| 96 | 570 (3) | responsible person for heavy vehicle fail to comply with authorised officer’s requirement to give stated information/details to officer | 6 000 | ||
| 97 | 573 (1) | fail to comply with improvement notice | 10 000 | ||
| 98 | 577 (4) | occupier or person at place/driver of heavy vehicle fail to comply with authorised officer’s requirement to give officer reasonable help | 10 000 | ||
| 99 | 584 (1) | obstruct authorised officer/helper/assistant exercising power | 10 000 | ||
| 100 | 585 | impersonate authorised officer | 10 000 | ||
| 101 | 604 | fail to comply with supervisory intervention order | 10 000 | ||
| 102 | 610 | fail to comply with prohibition order | 10 000 | ||
| 103 | 697 (3) | make improper use of position/information because of exercise of functions under Heavy Vehicle National Law (ACT) | 10 000 | ||
| 104 | 699 (1) | employer dismisses/prejudices employee for giving information/making complaint about contravention of Heavy Vehicle National Law (ACT) | 10 000 | ||
| 105 | 699 (2) | employer not offer employment/treat prospective employee less favourably for giving information/making complaint about contravention of Heavy Vehicle National Law (ACT) | 10 000 | ||
| 106 | 700 (4) | employer not comply with court order for reinstatement of employee or employment of prospective employee | 10 000 | ||
| 107 | 701 (1) | knowingly make false/misleading statement to official | 10 000 | ||
| 108 | 701 (2) | recklessly make false/misleading statement to official | 8 000 | ||
| 109 | 702 (1) | knowingly give official document containing false/misleading information | 10 000 | ||
| 110 | 702 (3) | recklessly give official document containing false/misleading information | 8 000 | ||
| 111 | 703 (1) | responsible person for heavy vehicle knowingly gives another responsible person false/misleading information | 10 000 | ||
| 112 | 703 (2) | responsible person for heavy vehicle recklessly gives another responsible person false/misleading information | 8 000 | ||
| 113 | 704 (1) | falsely represent heavy vehicle authority granted/operating under heavy vehicle authority | 10 000 | ||
| 114 | 704 (2) | represent operating under heavy vehicle authority no longer in force | 10 000 | ||
| 115 | 704 (3) | possess document that falsely purports to be accreditation certificate etc | 10 000 | ||
| 116 | 728 (1) | disclose protected information | 20 000 | ||
| 117 | 729 (1) | use protected information other than for authorised use | 20 000 | ||
| 118 | 729 (3) | use disclosed protected information other than for authorised use | 20 000 |
Part 1.2BHeavy Vehicle (Mass, Dimension and Loading) National Regulation
| column 1 item | column 2 offence provision and, if relevant, case | column 3 short description | column 4 offence penalty ($) | column 5 infringement penalty ($) | column 6 demerit points |
| 1 | 11 (1) | drive CML heavy vehicle under concessional mass limit without relevant accreditation label maintained as required | 3 000 | 300 | |
| 2 | 16 (2) | use/permit to be used/HML heavy vehicle in area/on route in contravention of condition of HML declaration | 3 000 | 300 | |
| 3 | 28 | driver/operator of HML heavy vehicle contravene condition of HML permit | 3 000 | 300 | |
| 4 | 34 (2) | not return amended/cancelled HML permit as required | 4 000 | 400 | |
| 5 | 35 (1) | not apply for replacement for defaced/destroyed/lost/stolen HML permit as required | 4 000 | ||
| 6 | 36 (2) | drive HML heavy vehicle under higher mass limit without relevant accreditation maintained as required | 3 000 | 300 |
Schedule 1, parts 1.8A and 1.8B
omit
Part 11Road Transport (Public Passenger Services) Act 2001
Name of Act
Section 1, note 2omit
· Road Transport (Mass, Dimensions and Loading) Act 2009
Section 1, note 3
substitute
Note 3Other laws dealing with road transport include the Dangerous Goods (Road Transport) Act 2009 and the Heavy Vehicle National Law (ACT).
Note 4A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Part 12Road Transport (Safety and Traffic Management) Act 1999
Name of Act
Section 1, note 2omit
· Road Transport (Mass, Dimensions and Loading) Act 2009
Section 1, note 3
substitute
Note 3Other laws dealing with road transport include the Dangerous Goods (Road Transport) Act 2009 and the Heavy Vehicle National Law (ACT).
Note 4A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Part 13Road Transport (Safety and Traffic Management) Regulation 2000
General
Division 2.2.1 heading, note 3, table, item 8, column 3omit
Road Transport (Mass, Dimensions and Loading) Act 2009
substitute
Heavy Vehicle National Law (ACT)
ARR dict—definitions for dictionary
Section 33 (1), definition of oversize vehicle, paragraph (a)substitute
(a)the Heavy Vehicle National Law (ACT); or
Part 14Road Transport (Third-Party Insurance) Act 2008
Name of Act
Section 1, note 2omit
· Road Transport (Mass, Dimensions and Loading) Act 2009
Section 1, note 3
substitute
Note 3Other laws dealing with road transport include the Dangerous Goods (Road Transport) Act 2009 and the Heavy Vehicle National Law (ACT).
Note 4A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Part 15Road Transport (Vehicle Registration) Act 1999
Name of Act
Section 1, note 2omit
· Road Transport (Mass, Dimensions and Loading) Act 2009
Section 1, note 3
substitute
Note 3Other laws dealing with road transport include the Dangerous Goods (Road Transport) Act 2009 and the Heavy Vehicle National Law (ACT).
Note 4A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Dictionary, definition of vehicle standard
substitute
vehicle standard—
(a)includes a standard or other requirement relating to the construction, design or equipment of a registrable vehicle; but
(b)does not include a heavy vehicle standard within the meaning of the Heavy Vehicle National Law (ACT).
Endnotes
Presentation speech
Presentation speech made in the Legislative Assembly on 24 October 2013.
Notification
Notified under the Legislation Act on 9 December 2013.
Republications of amended laws
For the latest republication of amended laws, see certify that the above is a true copy of the Heavy Vehicle National Law (Consequential Amendments) Bill 2013, which was passed by the Legislative Assembly on 28 November 2013.
Clerk of the Legislative Assembly
© Australian Capital Territory 2013
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