Heavy Vehicle National Law (South Australia) (Expiation Fees) Variation Regulations 2016 (SA)
South Australia
Heavy Vehicle National Law (South Australia) (Expiation Fees) Variation Regulations 2016
under the Heavy Vehicle National Law (South Australia) Act 2013
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Variation provisions
Part 2—Variation of Heavy Vehicle National Law (South Australia) (Expiation Fees) Regulations 2013
4 Variation of regulation 4—Prescribed offences and expiation fees
5 Substitution of Schedule 1
Schedule 1—Offences, prescribed offences and expiation fees
Part 1—Offences against the local application provisions of the Act
Part 2—Prescribed offences against the Heavy Vehicle National Law (South Australia)
Division 1—Prescribed offences for purposes of section 591 of the Law
Division 2—Prescribed offences peculiar to South Australia
Part 3—Prescribed offences against the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (South Australia)
Part 4—Prescribed offences against the Heavy Vehicle (Fatigue Management) National Regulation (South Australia)
Part 1—Preliminary
1—Short title
These regulations may be cited as the Heavy Vehicle National Law (South Australia) (Expiation Fees) Variation Regulations 2016.
2—Commencement
These regulations will come into operation on 1 July 2016.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.
Part 2—Variation of Heavy Vehicle National Law (South Australia) (Expiation Fees) Regulations 2013
4—Variation of regulation 4—Prescribed offences and expiation fees
Regulation 4—after subregulation (3) insert:
(4)Pursuant to section 28(3)(g) of the Act—
(a)an offence against the Heavy Vehicle (Fatigue Management) National Regulation (South Australia) referred to in a column headed "Regulation" in the table in Part 4 of Schedule 1 is a prescribed offence for the purposes of section 591 of the Law; and
(b)the expiation fees set out in a column headed "Fee" in the table in Part 4 of Schedule 1 are the penalties fixed in accordance with section 737 of the Law for alleged prescribed offences against those national regulations and are included for convenience purposes only.
Note—
See for the Regulator's list of penalties and see regulation 5.
5—Substitution of Schedule 1
Schedule 1—delete the Schedule and substitute:
Schedule 1—Offences, prescribed offences and expiation fees
Part 1—Offences against the local application provisions of the Act
| Section | Description of offence | Fee |
| 19(2) | Failure to comply with a direction given under section 19(1) | $600 |
| 21(1) | Sale or other disposal of a heavy vehicle in respect of which a vehicle defect notice is in force | $300 |
Part 2—Prescribed offences against the Heavy Vehicle National Law (South Australia)
Division 1—Prescribed offences for purposes of section 591 of the Law
| Section | Description of offence | Fee |
| 60(1) | Using, or permitting the use of, a heavy vehicle that contravenes a heavy vehicle standard— | |
| (a) if the heavy vehicle standard relates to a speed limiter | $640 | |
| (b) in any other case | $320 | |
| 79(2) | Failure to comply with notice to return vehicle standards exemption (permit) to Regulator within specified period | $426 |
| 81(1) | Contravening a condition of a vehicle standards exemption | $426 |
| 81(2) | Using, or permitting the use of, a heavy vehicle that contravenes a condition of a vehicle standards exemption | $426 |
| 81(3) | Using or permitting the use of a heavy vehicle in a way that contravenes a condition of a vehicle standards exemption | $426 |
| 82(2) | Failure of driver to comply with condition under vehicle standards exemption (notice) to keep relevant document in driver's possession | $320 |
| 82(3) | Offence for relevant party if driver commits an offence against section 82(2) | $320 |
| 83(1) | Failure of driver to keep a copy of vehicle standards exemption (permit) in driver's possession | $320 |
| 83(2) | Failure of driver to return copy of vehicle standards exemption (permit) to relevant party when driver stops working | $320 |
| 83(3) | Offence for relevant party if driver commits an offence against section 83(1) | $320 |
| 85(1) | Modifying a heavy vehicle without approval by approved vehicle examiner or Regulator | $320 |
| 85(2) | Using or permitting the use of a heavy vehicle that has been modified without approval by approved vehicle examiner or Regulator | $320 |
| 86(2) | Failure of approved vehicle examiner to give approved certificate and ensure plate or label is fitted or affixed to vehicle | $320 |
| 87A(1) | Tampering with plate or label fitted to or affixed to a heavy vehicle under section 86(2) or 87(3) | $320 |
| 89(1) | Using or permitting the use of an unsafe heavy vehicle | $640 |
| 90(1) | Using or permitting the use of a heavy vehicle not fitted with emission control system for each relevant emission | $320 |
| 90(2) | Using or permitting the use of emission control system that is not operating in accordance with manufacturer's design | $320 |
| 90(3) | Using or permitting the use of an emission control system resulting in a failure to comply with heavy vehicle standard | $320 |
| 92(2) | Using or permitting the use of a heavy vehicle displaying a warning sign where the sign is not required to be displayed | $320 |
| 96(1) | Driving a heavy vehicle where vehicle or components do not comply with mass requirements— | |
| (a) for a minor risk breach | $426 | |
| (b) for a substantial risk breach | $640 | |
| 102(1)(a) | Driving a heavy vehicle that does not comply with dimension requirements where vehicle does not have goods or passengers in it | $320 |
| 102(1)(b) | Driving a heavy vehicle that does not comply with dimension requirements where vehicle has goods or passengers in it— | |
| (a) for a minor risk breach | $320 | |
| (b) for a substantial risk breach | $533 | |
| 109(2) | Using or permitting the use of a heavy vehicle without fixing the required flag or light to back of the load | $320 |
| 111(1) | Driving a heavy vehicle that does not comply, or whose load does not comply, with loading requirements— | |
| (a) for a minor risk breach | $320 | |
| (b) for a substantial risk breach | $533 | |
| 129(1) | Driver or operator of heavy vehicle contravening a condition of a mass or dimension exemption | $640 |
| 129(2) | Using or permitting the use of a heavy vehicle that contravenes a condition of a mass or dimension exemption | $640 |
| 129(3) | Using or permitting the use of a heavy vehicle in a way that contravenes a condition of a mass or dimension exemption | $640 |
| 130(2) | Failure of driver of pilot or escort vehicle to comply with conditions of a mass or dimension exemption | $640 |
| 130(3) | Offence for operator of a heavy vehicle if driver of pilot or escort vehicle commits an offence against section 130(2) | $640 |
| 131(1) | Failure of driver of a pilot vehicle to ensure that the accompanying heavy vehicle is not contravening a condition of exemption | $640 |
| 132(2) | Failure of driver of class 1 or class 3 heavy vehicle to comply with condition under mass or dimension exemption (notice) to keep relevant document in driver's possession | $320 |
| 132(3) | Offence for relevant party if driver of class 1 or class 3 heavy vehicle commits an offence against section 132(2) | $320 |
| 133(1) | Failure of driver of a class 1 or class 3 heavy vehicle to keep a copy of a mass or dimension exemption (permit) in driver's possession | $320 |
| 133(2) | Failure of driver of a class 1 or class 3 heavy vehicle to return copy of mass or dimension exemption (permit) to relevant party when driver stops working | $426 |
| 133(3) | Offence for relevant party if driver of class 1 or class 3 heavy vehicle commits an offence against section 133(1) | $320 |
| 134(1) | Displaying a heavy vehicle warning sign on a heavy vehicle not being used under a dimension exemption | $320 |
| 134(2) | Displaying a pilot vehicle warning sign on a vehicle not being used as a pilot vehicle for a heavy vehicle being used under a dimension exemption | $320 |
| 137 | Using or permitting the use of a class 2 heavy vehicle other than in accordance with a class 2 heavy vehicle authorisation | $640 |
| 150(1) | Driver or operator of a class 2 heavy vehicle contravening a condition of a class 2 heavy vehicle authorisation | $640 |
| 151(2) | Failure of driver of a class 2 heavy vehicle to comply with a condition of a class 2 heavy vehicle authorisation (notice) to keep relevant document in driver's possession | $320 |
| 151(3) | Offence for a relevant party if driver commits an offence against section 151(2) | $320 |
| 152(1) | Failure of driver of a class 2 heavy vehicle to keep copy of class 2 heavy vehicle authorisation (permit) in driver's possession | $320 |
| 152(2) | Failure of driver to return copy of class 2 heavy vehicle authorisation (permit) to relevant party | $426 |
| 152(3) | Offence for relevant party if driver commits offence against section 152(1) | $320 |
| 153(1) | Failure of driver to keep copy of the PBS vehicle approval in driver's possession | $320 |
| 153(2) | Offence for relevant party if driver commits offence against section 153(1) | $320 |
| 153A(1) | Using or permitting the use of a restricted access vehicle on a road other than one on which the vehicle is allowed to be used under an applicable mass or dimension authority | $640 |
| 181(3) | Failure to comply with notice requiring return of permit for mass or dimension authority to Regulator within specified time | $426 |
| 183(2) | Offence for an employer, a prime contractor or an operator if a relevant offence is committed by the driver of a heavy vehicle— | |
| (a) for a mass requirement— | ||
| (i) for a minor risk breach | $426 | |
| (ii) for a substantial risk breach | $640 | |
| (b) for a dimension requirement— | ||
| (i) if not carrying any goods or passengers | $320 | |
| (ii) for a minor risk breach | $320 | |
| (iii) for a substantial risk breach | $533 | |
| (c) for a loading requirement— | ||
| (i) for a minor risk breach | $320 | |
| (ii) for a substantial risk breach | $533 | |
| 184(1) | Driving a heavy vehicle while towing more than 1 other vehicle other than as permitted by section 184(2) | $320 |
| 185(1) | Using or permitting the use of a trailer not securely coupled to the vehicle in front of it in a heavy combination | $640 |
| 185(2) | Using or permitting the use of incompatible or improperly connected components of a coupling in a heavy combination | $640 |
| 190(1) | Responsible entity permitting the transport of a freight container without providing the operator or driver of the heavy vehicle with a complying container weight declaration | $640 |
| 191(1) | Operator of a heavy vehicle permitting the driver of the vehicle to transport freight container without providing the driver with a complying container weight declaration | $640 |
| 191(3) | Failure of operator of a heavy vehicle to provide complying container weight declaration or prescribed particulars to carrier | $640 |
| 192(1) | Driving a heavy vehicle loaded with freight container without a complying container weight declaration for the container | $640 |
| 192(2) | Failure of driver of a heavy vehicle to keep the complying container weight declaration in or about the vehicle and in a way readily available to an authorised officer | $320 |
| 219(1) | Offence against section 219(1)— | |
| (a) driver of a heavy vehicle exceeding a speed limit of 50 km/h or 60 km/h | $320 | |
| (b) driver of a heavy vehicle exceeding a speed limit of 70 km/h or 80 km/h— | ||
| (i) by less than 15 km/h | $320 | |
| (ii) by 15 km/h or more | $533 | |
| (c) driver of a heavy vehicle other than a road train exceeding a speed limit of 90 km/h— | ||
| (i) by less than 15 km/h | $320 | |
| (ii) by 15 km/h or more | $533 | |
| (d) driver of a road train exceeding a speed limit of 90 km/h by less than 15 km/h | $533 | |
| (e) driver of a heavy vehicle exceeding speed limit of 100 km/h or more by less than 15 km/h | $533 | |
| 250(1) | Failure of solo driver of a fatigue‑regulated heavy vehicle to comply with standard hours— | |
| (a) for a minor risk breach | $426 | |
| (b) for a substantial risk breach | $640 | |
| 251(1) | Failure of two‑up driver of a fatigue‑regulated heavy vehicle to comply with standard hours— | |
| (a) for a minor risk breach | $426 | |
| (b) for a substantial risk breach | $640 | |
| 254(1) | Failure of solo driver of a fatigue‑regulated heavy vehicle to comply with BFM hours— | |
| (a) for a minor risk breach | $426 | |
| (b) for a substantial risk breach | $640 | |
| 256(1) | Failure of two‑up driver of a fatigue‑regulated heavy vehicle to comply with BFM hours— | |
| (a) for a minor risk breach | $426 | |
| (b) for a substantial risk breach | $640 | |
| 258(1) | Failure of driver of fatigue‑regulated heavy vehicle to comply with AFM hours— | |
| (a) for a minor risk breach | $426 | |
| (b) for a substantial risk breach | $640 | |
| 260(1) | Failure of driver of fatigue‑regulated heavy vehicle to comply with exemption hours— | |
| (a) for a minor risk breach | $426 | |
| (b) for a substantial risk breach | $640 | |
| 263(1) | Failure of driver of fatigue‑regulated heavy vehicle to comply with change of work and rest hours option requirements | $426 |
| 284(2) | Failure to comply with notice to return work and rest hours exemption (permit) to Regulator within specified period | $640 |
| 286(1) | Failure to comply with a condition of a work and rest hours exemption | $640 |
| 287(2) | Failure of driver of fatigue‑regulated heavy vehicle operating under a work and rest hours exemption (notice) to keep a relevant document in driver's possession | $320 |
| 287(3) | Offence for relevant party if driver commits an offence against section 287(2) | $320 |
| 288(1) | Failure of driver of a fatigue‑regulated heavy vehicle to keep a copy of work and rest hours exemption (permit) in the driver's possession | $320 |
| 288(2) | Failure of driver of a fatigue‑regulated heavy vehicle to return copy of work and rest hours exemption (permit) to relevant party in certain circumstances | $426 |
| 288(3) | Offence for relevant party if driver of a fatigue‑regulated heavy vehicle commits an offence against section 288(1) | $320 |
| 293(1) | Failure of driver of a fatigue‑regulated heavy vehicle to keep a work diary, record required information and keep the diary in the driver's possession | $640 |
| 296(1) | Failure of driver to record required information in work diary in the manner and at the time prescribed by the national regulations | $160 |
| 297(2) | Failure of driver to record required information immediately after starting work on a day | $640 |
| 298(1) | Failure of driver of a fatigue‑regulated heavy vehicle to record the odometer reading as required by the national regulations | $160 |
| 299 | Failure of two‑up driver to provide details prescribed by the national regulations as requested by the other driver | $320 |
| 301 | Failure of driver to comply with requirements for recording information in written work diary | $160 |
| 302 | Failure of driver to comply with requirements for recording information in electronic work diary | $160 |
| 303 | Failure of driver to record time in work diary according to the time zone of driver's base location | $160 |
| 305(1) | Failure of driver of fatigue‑regulated heavy vehicle to record required information in supplementary record | $640 |
| 305(2) | Failure to comply with requirements for recording information in supplementary record not in electronic form | $320 |
| 305(3) | Failure of driver to record time in supplementary record according to the time zone of driver's base location | $160 |
| 306 | Failure of driver of fatigue‑regulated heavy vehicle to notify the Regulator within 2 business days in the approved form when a written work diary has been filled up, destroyed, lost or stolen | $320 |
| 307(2) | Failure of driver to notify the Regulator within 2 business days in the approved form when an electronic work diary has been filled up, destroyed, lost or stolen or is not in working order | $320 |
| 307(3) | Failure of driver to ensure electronic work diary is examined and brought into working order within period required by Regulator | $320 |
| 308(1) | Failure of driver to comply with the requirements when an old work diary is found or returned | $320 |
| 309(2) | Failure to inform the driver's record keeper within 2 business days of becoming aware of a matter specified in section 309(1) | $320 |
| 310(2) | Failure to inform the driver's record keeper within 2 business days of becoming aware of matters specified in section 310(1) | $640 |
| 312(3) | Failure of record keeper to notify the Regulator within 2 business days of destroyed, lost or stolen electronic work diary | $640 |
| 319(1) | Failure of record keeper to comply with requirements specified in section 319(1) | $640 |
| 321(1) | Failure of record keeper to comply with requirements specified in section 321(1) | $640 |
| 321(3) | Failure of record keeper to record information required if driver is operating under BFM or AFM hours | $640 |
| 322(2) | Failure of driver to give copy of work diary entry or supplementary record to each record keeper within 21 days | $320 |
| 323(2) | Failure of driver to give new record keeper a copy of information recorded in a work diary relating to the 28 day period before the change to the new record keeper | $320 |
| 324A(2) | Failure of record keeper to give the driver a copy of the record or make the record available etc | $160 |
| 341(1) | Failure of record keeper to keep records required under Division 3 for 3 years after specified day | $640 |
| 341(2) | Failure of record keeper to keep records required under Division 9 or Division 10 for specified period | $640 |
| 341(3) | Failure of record keeper to ensure record (or copy) is readily available to an authorised officer at the record location | $320 |
| 341(4) | Failure of driver who is his or her own record keeper to ensure record (or copy) is readily available to an authorised officer at the record location | $320 |
| 341(7) | Failure of record keeper to ensure information recorded in an electronic work diary is maintained so as to comply with the Regulator's conditions and manufacturer's instructions | $160 |
| 354(3) | Failure of holder of an electronic recording system approval to comply with a direction of the Regulator | $640 |
| 354(5) | Failure of a person to whom a notice has been given of amended conditions of an electronic recording system approval to give a copy of the notice to each person supplied by that person with an electronic recording system or a device forming part of the system | $640 |
| 355(2) | Failure of holder of approval of an electronic recording system that constitutes a part or the whole of an electronic work diary to remove any electronic message on the system's visual display within the period required by the Regulator | $640 |
| 355(4) | Failure of holder of an approval to comply with a direction of the Regulator | $640 |
| 355(6) | Failure of person to whom a notice that the approval has been cancelled to give a notice to each other person to whom the person has supplied an electronic recording system the subject of the approval that the approval has been cancelled | $640 |
| 373(2) | Failure to comply with notice requiring return of work diary exemption (permit) to Regulator | $640 |
| 375 | Contravention of a condition of a work diary exemption | $640 |
| 376(2) | Failure of driver of a fatigue‑regulated heavy vehicle to comply with a condition under a work diary exemption (notice) to keep relevant document in driver's possession | $320 |
| 376(3) | Offence for relevant party if driver of a fatigue‑regulated heavy vehicle commits an offence against section 376(2) | $320 |
| 377 | Failure of a driver of a fatigue‑regulated heavy vehicle to keep a copy of work diary exemption (permit) in the driver's possession | $320 |
| 392(2) | Failure to comply with notice requiring return of fatigue record keeping exemption (permit) to Regulator | $640 |
| 395 | Contravention of a condition of a fatigue record keeping exemption | $640 |
| 396(2) | Failure of owner of a fatigue‑regulated heavy vehicle to maintain odometer in accordance with requirements prescribed by the national regulations | $640 |
| 399(2) | Driving or permitting a person to drive a fatigue‑regulated heavy vehicle without complying with section 398 | $640 |
| 467 | Failure of holder of BFM or AFM accreditation to comply with accreditation conditions | $640 |
| 468(1) | Failure of driver operating under BFM accreditation or AFM accreditation to keep certain documents in driver's possession | $320 |
| 468(3) | Offence for operator if driver commits an offence against section 468(1) | $320 |
| 469(2) | Failure of driver operating under a BFM accreditation or AFM accreditation to return document to operator as soon as reasonably practicable | $426 |
| 470(3) | Failure of operator to inform driver operating under AFM accreditation of the AFM hours applying under the accreditation | $640 |
| 470(8) | Failure of operator to comply with a requirement under section 470(7) | $320 |
| 471(2) | Failure of operator to give notice to driver or scheduler of amendment, suspension or cessation of heavy vehicle accreditation | $640 |
| 471(3) | Failure of driver to return to the operator any document relevant to the notice given to the driver by the operator for the purposes of section 468(1) | $426 |
| 476(2) | Failure to return accreditation certificate to Regulator within specified period | $640 |
| 488 | Failure to return identity card to Regulator within specified period | $426 |
| 513(4) | Failure to comply with a direction given under section 513(1) | $640 |
| 514(3) | Failure to comply with a direction given under section 514(1) | $640 |
| 516(3) | Failure to comply with a direction given under section 516(1) | $640 |
| 517(4) | Failure to comply with a direction given under section 517(2) | $640 |
| 522(5) | Failure to produce a heavy vehicle for inspection at the place and time stated in the notice | $640 |
| 524(5) | Failure to comply with a direction given under section 524(2) or (3) | $640 |
| 526(4) | Failure of driver of a heavy vehicle who is not the operator of the vehicle to give defect notice to operator | $320 |
| 528(3) | Removing or defacing a defective vehicle label attached to a heavy vehicle | $320 |
| 529 | Using or permitting the use of a heavy vehicle in contravention of a vehicle defect notice | $640 |
| 531(4) | Failure of person who is not the operator of a heavy vehicle who is given notice of an amendment or withdrawal to give the notice to the operator as soon as reasonably practicable | $320 |
| 533(7) | Failure to comply with a direction given under section 533 | $1 065 |
| 534(5) | Failure to comply with a direction given under section 534 | $1 065 |
| 567(4) | Failure to comply with a requirement made under section 567(2) or (3) | $320 |
| 568(3) | Failure to comply with a requirement made under section 568(2) | An amount equal to 10% of the amount of the maximum penalty for an offence of failing to keep the document, device or other thing in the driver's possession |
| 568(7) | Failure to comply with a requirement given under section 568(6) | $320 |
| 569(2) | Failure to comply with a requirement made under section 569(1) | $640 |
| 569(7) | Failure to comply with a requirement made under section 569(6) | $320 |
Division 2—Prescribed offences peculiar to South Australia
| Section | Description of offence | Fee |
| 183(2) | Offence for a consignor, packer, loading manager or loader if a relevant offence is committed by the driver of a heavy vehicle— | |
| (a) for a mass requirement— | ||
| (i) for a minor risk breach | $426 | |
| (ii) for a substantial risk breach | $640 | |
| (b) for a dimension requirement— | ||
| (i) for a minor risk breach | $320 | |
| (ii) for a substantial risk breach | $533 | |
| (c) for a loading requirement— | ||
| (i) for a minor risk breach | $320 | |
| (ii) for a substantial risk breach | $533 | |
| 261(2) | Offence for an employer, a prime contractor, an operator, a scheduler, a consignor or consignee, a loading manager, a loader or an unloader if relevant offence committed by the driver of a fatigue‑regulated heavy vehicle— | |
| (a) for a minor risk breach | $426 | |
| (b) for a substantial risk breach | $640 | |
| 322(4) | Failure of record keeper to ensure driver complies with section 322(2) | $320 |
| 577(4) | Failure to comply with a requirement made under section 577(1) or (2) | $1 065 |
Part 3—Prescribed offences against the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (South Australia)
| Section | Description of offence | Fee |
| 11(1) | Failure to maintain relevant accreditation label on CML heavy vehicle in way required by section 11(2), (3) and (4) | $320 |
| 16(2) | Using or permitting the use of HML heavy vehicle under higher mass limits in an area or on a route to which the HML declaration applies where vehicle is neither equipped for monitoring by an approved intelligent transport system nor covered by an intelligent access agreement | $320 |
| 28 | Driver or operator of HML heavy vehicle contravening a condition of HML permit | $320 |
| 34(2) | Failure to comply with a notice to return HML permit | $400 |
| 36(2) | Failure to maintain relevant accreditation label on HML heavy vehicle in way required by section 36(3) and (5) | $320 |
Part 4—Prescribed offences against the Heavy Vehicle (Fatigue Management) National Regulation (South Australia)
| Section | Description of offence | Fee |
| 18A(1) | Failure of driver on changing from 1 form of work diary to another to record certain information in compliance with subsection (2) | $160 |
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 23 June 2016
No 163 of 2016
MPOL16/10CS
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