Road Transport (Mass, Dimensions and Loading) Act 2009 (ACT)
Road Transport (Mass, Dimensions and Loading) Act 2009 (repealed)
A2009-22
Republication No 9 (RI)
Effective: 10 February 2014
Republication date: 10 February 2014
Reissued: 24 February 2014 because of High Court decision
in relation to A2013‑39
As repealed by A2013‑52 s 4 (1)
Unauthorised version prepared by ACT Parliamentary Counsel’s Office
About this republication
The republished law
This is a republication of the Road Transport (Mass, Dimensions and Loading) Act 2009 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting this republished law to 10 February 2014.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $140 for an individual and $700 for a corporation (see Legislation Act 2001, s 133).
Road Transport (Mass, Dimensions and Loading) Act 2009 (repealed)
Contents
Page
Chapter 1 Preliminary
Part 1.1 Introduction
1 Name of Act 2
3 Dictionary 3
4 Notes 3
5Offences against Act—application of Criminal Code etc 3
6 Objects of Act 4
Part 1.2 Important concepts
7 Meaning of heavy vehicle 6
8 Meaning of heavy combination 6
9 Meaning of driver of vehicle or combination 7
10 Meaning of base of driver of vehicle or combination 7
11 Meaning of operator of vehicle or combination 8
12 Meaning of responsible person for heavy vehicle or heavy combination 9
12A Rights, liabilities and obligations of multiple responsible people 11
13 Meaning of consignor of goods 11
14 Meaning of consignee of goods 12
15 Meaning of freight container 13
16 Meaning of package of goods and packer 13
17 Meaning of loader of goods 14
18 Meaning of transport documentation 15
19 Meaning of journey documentation 16
Part 1.3 Authorised people
20 Reciprocal powers agreements 18
21 Reciprocal powers agreements—functions 18
22 Road transport authority may designate other jurisdiction card as identity card 19
23 Road transport authority may exercise functions of police officers and authorised people 20
Chapter 2 Mass, dimensions and loading requirements for vehicles
Part 2.1 Definitions—ch 2
100 Definitions—ch 2 21
101 Meaning of mass requirement—ch 2 22
102 Meaning of dimension requirement—ch 2 23
103 Meaning of loading requirement—ch 2 23
Part 2.2 Mass, dimensions and loading requirements for heavy vehicles and heavy combinations
Division 2.2.1 Preliminary
104 Purpose and operation—pt 2.2 24
105 Meaning of imminent loss or shifting of load—pt 2.2 24
106 Deciding whether breach involves appreciable risk of harm 25
107 Movement of people not shifting or loss of load 25
Division 2.2.2 Categorisation of breaches
Subdivision 2.2.2.1 Categories of breaches
108 Categories generally 25
109 Meaning of minor risk breach—ch 2 26
110 Meaning of substantial risk breach—ch 2 27
111 Meaning of severe risk breach—ch 2 29
Subdivision 2.2.2.2 Lower limits for breaches
112 Lower limits—breach of mass requirements 30
113 Lower limits—breach of dimension requirements—load projection 31
114 Lower limits—breach of dimension requirements—overall width 32
115 Lower limits—breach of dimension requirements—height 33
116 Lower limits—breach of dimension requirements—length 34
Subdivision 2.2.2.3 Some breaches taken to be higher category breaches
117 Lower limits—some width breaches higher category breaches 35
118 Lower limits—some length breaches higher category breaches 36
119 Lower limits—some dimension breaches higher category breaches 36
Subdivision 2.2.2.4 Miscellaneous
120 Regulation may increase lower limits 37
121 Requirement breaches relating to dangerous projections—categorisation 37
Division 2.2.3 Enforcement powers
Subdivision 2.2.3.1 Application and definitions
122 Application—div 2.2.3 39
123 Definitions—div 2.2.3 39
Subdivision 2.2.3.2 Minor risk breaches
124 Minor risk breaches—authorisation and directions 39
125 Minor risk breaches—authorisation to proceed 41
126 Minor risk breaches—directions to stop and rectify 41
127 Minor risk breaches—directions to move and rectify 41
128 Offence—minor risk breaches—fail to comply with directions 42
Subdivision 2.2.3.3 Substantial risk breaches
129 Substantial risk breaches—directions 43
130 Substantial risk breaches—directions to stop and rectify 44
131 Substantial risk breaches—directions to move and rectify 44
132 Offence—substantial risk breaches—fail to comply with directions 45
Subdivision 2.2.3.4 Severe risk breaches
133 Severe risk breaches—directions 45
134 Severe risk breaches—directions to stop and rectify 46
135 Severe risk breaches—directions to move and rectify 47
136 Offence—severe risk breaches—fail to comply with directions 47
Subdivision 2.2.3.5 Miscellaneous
137 Authorisation to continue journey if minor risk breach 48
138 Offence—fail to comply with authorisation to continue journey 48
139 Operation of directions for combinations 49
140 Directions and authorisations to be in writing 49
Division 2.2.4 Liability for breaches of mass, dimensions and loading requirements
Subdivision 2.2.4.1 Liability of consignors
141 Offence—liability of consignors—minor and substantial mass breaches 50
142 Offence—liability of consignors—severe mass breaches 51
143 Offence—liability of consignors—weight exceeds marked weight 52
144 Offence—liability of consignors—minor and substantial dimension and loading breaches 52
145 Offence—liability of consignors—severe dimension and loading breaches 53
Subdivision 2.2.4.2 Liability of packers
146 Offence—liability of packers—minor and substantial mass breaches 54
147 Offence—liability of packers—severe mass breaches 55
148 Offence—liability of packers—weight exceeds marked weight 56
149 Offence—liability of packers—minor and substantial dimensions and loading breaches 56
150 Offence—liability of packers—severe dimensions and loading breaches 57
Subdivision 2.2.4.3 Liability of loaders
151 Offence—liability of loaders—minor and substantial mass breaches 58
152 Offence—liability of loaders—severe mass breaches 59
153 Offence—liability of loaders—minor and substantial dimension and loading breaches 60
154 Offence—liability of loaders—severe dimension and loading breaches 61
Subdivision 2.2.4.4 Liability of operators
155 Offence—liability of operators—minor and substantial mass breaches 62
156 Offence—liability of operators—severe mass breaches 63
157 Offence—liability of operators—minor and substantial dimension and loading breaches 64
158 Offence—liability of operators—severe dimension and loading breaches 65
Subdivision 2.2.4.5 Liability of drivers
159 Offence—liability of drivers—minor and substantial mass breaches 67
160 Offence—liability of drivers—severe mass breaches 68
161 Offence—liability of drivers—minor and substantial dimensions and loading breaches 69
162 Offence—liability of drivers—severe dimensions and loading breaches 70
Subdivision 2.2.4.6 Liability of consignees
163 Offence—liability of consignees 71
Division 2.2.5 Sanctions
164 Matters to be taken into consideration by courts 72
165 Default categorisation 73
Division 2.2.6 Container weight declarations
166 Application—div 2.2.6 74
167 Meaning of responsible entity for freight container 74
168 Meaning of container weight declaration 74
169 Meaning of complying container weight declaration—div 2.2.6 75
170 Offence—duty of responsible entities for freight containers 76
171 Offence—duty of operators of vehicles and combinations 76
172 Offence—duty of drivers of vehicles and combinations 78
173 Offence—liability of consignees 79
Division 2.2.7 Recovery of losses—container weight declarations not given or inaccurate
174 Recovery of losses—container weight declaration not given 80
175 Recovery of losses—container weight declaration inaccurate 81
176 Recovery of losses by responsible entity for freight container 83
177 Assessment of amount or attributable amount 84
178 Costs—div 2.2.7 84
Division 2.2.8 False and misleading transport and journey documentation
179 Offence—provide false or misleading transport and journey documentation 85
Division 2.2.9 Concessions
180 Operation—div 2.2.9 86
181 Meaning of mass, dimension or loading concession—div 2.2.9 87
182 Meaning of condition—div 2.2.9 87
183 Offence—fail to comply with concession conditions 87
184 Effect of fail to comply with concession conditions—prosecutions etc 88
Part 2.3 General exceptions to offences
Division 2.3.1 Reasonable steps exception
185 Reasonable steps exception 89
186 Reasonable steps exception—reliance on container weight declaration 91
Division 2.3.2 Other exceptions to offences
187 Meaning of deficiency in a vehicle or combination—div 2.3.2 92
188 Exception for owners and operators 92
189 Exception for drivers 93
190 Exception if complying with direction 94
Part 2.4 Additional sanctions for heavy vehicle offences
Division 2.4.1 Preliminary
191 Meaning of associate—pt 2.4 95
192 Penalties imposed by courts 96
Division 2.4.2 Improvement notices
193 Definitions—div 2.4.2 96
194 Improvement notices 97
195 Extensions of time to comply with improvement notices 98
196 Offence—fail to comply with improvement notice 98
197 Amendment of improvement notices 99
198 Cancellation of improvement notices 100
199 Clearance certificates 101
Division 2.4.3 Formal warnings
200 Formal warnings 101
201 Withdrawal of formal warnings 102
Division 2.4.4 Commercial benefits penalty orders
202 Commercial benefits penalty orders 102
203 Commercial benefits penalty orders—estimating gross commercial benefit 103
Division 2.4.5 Licensing and registration sanctions
204 Sanctions involving driver licences 104
205 Sanctions involving heavy vehicle registration 105
Division 2.4.6 Supervisory intervention orders
206 Supervisory intervention orders 106
207 Supervisory intervention orders—compliance reports 108
208 Supervisory intervention orders—amendment and revocation 109
209 Offence—fail to comply with supervisory intervention order 109
Division 2.4.7 Prohibition orders
210 Prohibition orders 110
211 Prohibition orders—amendment and revocation 111
212 Offence—fail to comply with prohibition order 111
Part 2.5 Other provisions about mass, dimensions and loading requirements
Division 2.5.1 Mutual recognition
213 Effect of prescribed administrative actions of authorities of other jurisdictions 112
214 Effect of court orders of other jurisdictions 113
Division 2.5.2 Declared zones and declared routes
215 Minister may declare zones and routes 114
Division 2.5.3 Victimisation of people for reporting breaches and assisting with investigations
216 Definitions—div 2.5.3 114
217 Offence—victimisation of employees for reporting breaches or assisting with investigations 115
218 Offence—victimisation of prospective employees for reporting breaches or assisting with investigations 116
219 Victimisation offences—order for compensation 117
220 Victimisation offences—order for re-employment etc 117
221 Offence—fail to comply with employment order 117
Chapter 3 Investigation and enforcement
Part 3.1 Investigation powers
Division 3.1.1 Preliminary
300 Definitions—pt 3.1 119
301 Meaning of qualified to drive or run engine—pt 3.1 120
302 Meaning of fit to drive or run engine—pt 3.1 120
303 Meaning of authorised to drive or run engine—pt 3.1 120
304 Meaning of unattended vehicle or combination—pt 3.1 121
305 Meaning of driver of disconnected trailer—pt 3.1 122
306 Meaning of broken-down motor vehicle, trailer or combination—pt 3.1 122
307 Exercise of power for compliance purposes—pt 3.1 123
Division 3.1.2 Directions to stop, move and leave heavy vehicles and heavy combinations
308 Application—div 3.1.2 123
309 Directions to stop vehicles and combinations 124
310 Offence—fail to comply with direction to stop vehicle or combination 125
311 Directions to move vehicles and combinations—exercise of other power 126
312 Offence—fail to comply with direction to move vehicle or combination—exercise of other power 127
313 Directions to move vehicles and combinations—harm or obstruction 127
314 Offence—fail to comply with direction to move vehicle or combination—harm or obstruction 128
315 Directions to leave vehicles and combinations 129
316 Offence—fail to comply with direction to leave vehicle or combination 130
Division 3.1.3 Power to move unattended and broken‑down vehicles and combinations
317 Moving unattended vehicles and combinations—exercise other functions 131
318 Moving unattended and broken-down vehicles and combinations—harm or obstruction 132
319 Moving unattended and broken-down vehicles and combinations—harm or obstruction—driver need not be qualified or licensed 133
320 Driving vehicles and combinations—div 3.1.3—driver need not be authorised 134
Division 3.1.4 Directions to provide records, information, etc
321 Directions to produce records, devices, etc 135
322 Offence—fail to comply with direction to produce records, devices, etc 136
323 Direction to give name etc 137
324 Offence—fail to comply with direction to give name etc 138
325 Directions to provide information 139
326 Offence—fail to comply with direction to provide information 140
Division 3.1.5 Provisions about directions
327 How directions may be given 141
328 Directions to state time for compliance 142
329 Amendment and revocation of directions and conditions 142
330 Directions may be given under more than 1 provision 142
331 Protection from incrimination 143
Part 3.2 Enforcement powers
Division 3.2.1 Preliminary
332 Definitions—pt 3.2 144
Division 3.2.2 Powers of authorised people
333 Power to enter premises, vehicles and combinations 145
334 Production of identity card 147
335 Consent to entry 148
336 General powers on entry to premises, vehicles and combinations 149
337 Directions to give assistance 151
338 Offence—fail to comply with direction to give assistance 153
339 Assistance with running engine 153
340 Protection for people assisting with running engine 154
341 Use of assistants and equipment 155
342 Use of equipment to examine and process things 155
343 Use and seizure of electronic equipment 156
344 Power to seize things 157
Division 3.2.3 Embargo notices
345 Embargo notices 159
346 Offence—fail to comply with embargo notice 160
347 Offence—fail to prevent someone else doing something forbidden by embargo notice 161
348 Revocation of embargo notice 161
Division 3.2.4 Search warrants
349 Warrants generally 161
350 Warrants—application made other than in person 165
351 Search warrants—announcement before entry 166
352 Details of search warrant to be given to occupier etc 167
353 Occupier entitled to be present during search etc 167
Division 3.2.5 Return and forfeiture of things seized
354 Receipt for things seized 168
355 Moving things to another place for examination or processing under search warrant 169
356 Access to things seized 170
357 Return of things seized 170
358 Forfeiture of seized things 171
359 Application for order disallowing seizure 171
360 Order for return of seized thing 172
Part 3.3 Miscellaneous
361 Damage etc to be minimised 173
362 Restoring vehicle, premises etc to original condition after action taken 173
363 Compensation for exercise of enforcement powers 174
364 Only police officers to use force against people 174
Chapter 4 Court proceedings
Part 4.1 Liability for offences
400 Criminal liability of executive officers of corporations 175
401 Offence—partners etc taken to have committed offences of other partners 177
402 Offence—managers etc of unincorporated associations taken to have committed offences of other managers etc 177
403 Offence—registered operators taken to have committed offences of operators 178
Part 4.2 Roads compensation orders for damage to road infrastructure
404 Roads compensation orders—making 180
405 Roads compensation orders—application 180
406 Roads compensation orders—assessment 181
407 Roads compensation orders—certificates 181
408 Roads compensation orders—limits on amount 182
409 Roads compensation orders—costs 183
410 Roads compensation orders—enforcement 183
411 Roads compensation orders—other orders and awards 183
Part 4.3 Evidence
412 Proof of appointments unnecessary 185
413 Averments 185
414 Evidence—measuring and weighing 186
415 Evidence—mass of vehicle or combination 187
416 Evidence—manufacturer’s ratings 187
417 Evidence—vehicle or combination not heavy vehicle or heavy combination 188
418 Evidence—transport documentation and journey documentation 188
Chapter 5 Miscellaneous
Part 5.1 Secrecy and information sharing
500 Definitions—pt 5.1 190
501 Secrecy 190
502 Information sharing guidelines 192
503 Offence—information not to be used for other purposes 193
504 Road transport authority may give seized records etc to other authorities 193
505 Road transport authority may give information to other authorities 194
Part 5.2 Other miscellaneous provisions
506 Contracting out prohibited 195
507 Regulation-making power 195
508 Regulations—exemptions 195
509 Regulations—mass, dimension and loading restrictions on use of vehicles 195
510 Offence—drive light vehicle in breach of mass, dimension or loading restriction in regulation 195
511 Regulations—may apply certain documents etc 196
Dictionary198
Endnotes
1 About the endnotes 215
2 Abbreviation key 215
3 Legislation history 216
4 Amendment history 218
5 Earlier republications 221
6 Expired transitional or validating provisions 223
Road Transport (Mass, Dimensions and Loading) Act 2009 (repealed)
An Act to provide for regulation of mass, dimensions and loading in relation to vehicles, and for other purposes
Chapter 1Preliminary
Part 1.1Introduction
Name of Act
This Act is the Road Transport (Mass, Dimensions and Loading) Act 2009.
Note 1This Act is part of the road transport legislation. See the Road Transport (General) Act 1999 for various provisions about the administration and enforcement of the road transport legislation generally.
Note 2Other road transport legislation includes the following:
· Road Transport (Alcohol and Drugs) Act 1977
· Road Transport (Driver Licensing) Act 1999
· Road Transport (General) Act 1999
· Road Transport (Public Passenger Services) Act 2001
· Road Transport (Safety and Traffic Management) Act 1999
· Road Transport (Third-Party Insurance) Act 2008
· Road Transport (Vehicle Registration) Act 1999.
Note 3A 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
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘road transport legislation—see the Road Transport (General) Act 1999, section 6.’ means that the term ‘road transport legislation’ is defined in that section and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (e.g. conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Objects of Act
(1)The general objects of this Act are—
(a)to improve road transport safety; and
(b)to minimise the adverse impact of road transport on roads, road related areas, bridges and other road infrastructure; and
(c)to minimise adverse impacts of road transport on the environment; and
(d)to minimise adverse impacts of road transport on the community; and
(e)to promote effective and efficient observance of requirements of road transport law.
(2)The particular objects of this Act are—
(a)to provide a system that encourages effective and efficient compliance with the requirements of road transport law; and
(b)to provide a system that, through improved compliance with, and accountability for, requirements of road transport law—
(i)promotes improved outcomes for road safety, the environment, road infrastructure and traffic management; and
(ii)reduces unfair competitive advantage; and
(c)to provide an effective, efficient and equitable scheme for the enforcement of requirements of road transport law; and
(d)to recognise a chain of responsibility of parties who have a role in the transport of goods or passengers by road and to make the parties accountable for their acts and omissions; and
(e)to provide powers to promote safety in the use of heavy vehicles in road transport.
(3)It is the Assembly’s intention that the objects of this Act will be achieved in the context of nationally consistent road transport laws, and in particular in the context of nationally consistent compliance and enforcement laws, having regard to regional differences.
Part 1.2Important concepts
Meaning of heavy vehicle
(1)In this Act:
heavy vehicle means—
(a)a motor vehicle, or trailer, with a GVM greater than 4.5t, and includes—
(i)a special purpose vehicle with a GVM greater than 4.5t, and
(ii)a passenger-carrying vehicle with a GVM greater than 4.5t; and
(b)a motor vehicle prescribed by regulation.
(2)In this section:
passenger-carrying vehicle means a vehicle if the primary purpose for which the vehicle was built, or permanently modified, was the carriage of passengers.
special purpose vehicle—
(a)means a vehicle if the primary purpose for which the vehicle was built, or permanently modified, was not the carriage of goods or passengers; and
(b)includes a vehicle prescribed by regulation; but
(c)does not include a vehicle exempted by regulation.
Meaning of heavy combination
In this Act:
heavy combination means—
(a)a combination that includes a heavy vehicle; or
(b)a combination prescribed by regulation.
Meaning of driver of vehicle or combination
(1)In this Act:
driver, of a vehicle or combination, includes—
(a)a two-up driver of the vehicle or combination who is present in or near the vehicle or combination; and
(b)a person driving the vehicle or combination as a driver under instruction or under a learner licence, or learner permit, that authorises the person to drive the vehicle or combination.
Note 1Driver, of a vehicle, means the person who is driving the vehicle (see Road Transport (General) Act 1999, dict).
Note 2Driver, of a disconnected trailer, for pt 3.1 (Investigation powers)—see s 305.
(2)In this section:
two-up driver means a person accompanying a driver of a vehicle or combination on a journey or part of a journey, who has been, is or will be sharing the task of driving the vehicle or combination during the journey.
Meaning of base of driver of vehicle or combination
(1)In this Act:
base, of a driver of a vehicle or combination, means—
(a)the place recorded for the time being as the driver’s base in the work diary kept by the driver; or
(b)if no place is recorded as mentioned in paragraph (a)—the garage address of the vehicle or towing vehicle of the combination, as recorded by the road transport authority or a corresponding road transport authority; or
(c)if no place is recorded as mentioned in paragraph (a) or (b)—the place from which the driver normally works and receives instructions.
(2)To remove any doubt, if a driver has 2 or more employers, the driver may have a different base in relation to each employer.
(3)To remove any doubt, if a driver is both a self-employed driver and an employed driver, the driver may have 1 base as a self-employed driver and another base as an employed driver.
Meaning of operator of vehicle or combination
(1)In this Act:
operator, of a vehicle or combination, means—
(a)for a vehicle (including a vehicle in a combination)—the person responsible for controlling or directing the operations of the vehicle; or
(b)for a combination—the person responsible for controlling or directing the operations of a towing vehicle in the combination.
(2)However, a person is not an operator of a vehicle or combination only because the person does any of the following:
(a)owns the vehicle or combination;
(b)drives the vehicle or combination;
(c)maintains or arranges for the maintenance of the vehicle or combination;
(d)arranges for the registration of the vehicle.
NoteSection 403 contains provisions about the liability of registered operators for offences committed by people who are operators of vehicles or combinations.
Meaning of responsible person for heavy vehicle or heavy combination
(1)In this Act:
responsible person, for a heavy vehicle or heavy combination—
(a)means anyone with, at a relevant time, a role or responsibilities associated with road transport involving the vehicle or combination; and
(b)includes a defined person for the vehicle or combination.
(2)In this section:
defined person means the following:
(a)an owner of the vehicle or combination or of a vehicle in the combination;
(b)a driver of the vehicle or combination;
(c)an operator or registered operator of the vehicle or combination;
(d)a person in charge, or apparently in charge, of the vehicle or combination;
(e)a person in charge, or apparently in charge, of—
(i)the garage address of the vehicle or combination; or
(ii)the base of the driver or drivers of the vehicle or combination;
NoteBase, of a driver of a vehicle or combination—see s 10.
(f)a person appointed under an approved road transport compliance scheme to have monitoring or other responsibilities under the scheme for the vehicle or combination;
Example
a person appointed to have responsibilities for certifying, monitoring or approving vehicles or combinations under the approved road transport compliance scheme
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(g)an operator of an intelligent transport system that applies in relation to the vehicle or combination;
(h)a person in charge of premises entered, in relation to the vehicle or combination, by a police officer or authorised person under this Act;
(i)a person who consigns goods for transport by road in the vehicle or combination;
(j)a person who packs goods in a freight container or other container or in a package or on a pallet for transport by road in the vehicle or combination;
(k)a person who loads goods or a container on the vehicle or combination for transport by road;
(l)a person who unloads goods, or a container containing goods, consigned for transport by road on the vehicle or combination;
(m)a person to whom goods are consigned for transport by road in the vehicle or combination;
(n)a person who receives goods packed outside Australia in a freight container, or other container, or on a pallet for transport by road in Australia on the vehicle or combination;
(o)an owner or operator of a weighbridge, or weighing facility, used to weigh the vehicle or combination, or an occupier of premises where the weighbridge or weighing facility is located;
(p)a responsible entity for a freight container for the vehicle or combination;
NoteResponsible entity, for a freight container—see s 167.
(q)a person who controls or directly influences the loading or operation of the vehicle or combination;
(r)an agent, employer, employee or subcontractor of anyone mentioned in this section.
12ARights, liabilities and obligations of multiple responsible people
(1)This section applies if there is more than 1 responsible person for a heavy vehicle or heavy combination at any time.
(2)In this Act, a reference to the responsible person for the heavy vehicle or heavy combination includes each responsible person for the heavy vehicle or heavy combination.
Meaning of consignor of goods
In this Act:
consignor, of goods, means—
(a)a person who, with the person’s authority, is named or otherwise identified as the consignor of the goods in the transport documentation for the transport of the goods by road; or
(b)if no-one is named or otherwise identified as mentioned in paragraph (a)—
(i)a person who engages an operator of a vehicle or combination, either directly or indirectly or through an agent or other intermediary, to transport the goods by road; or
(ii)a person who has possession of, or control over, the goods immediately before the goods are transported by road; or
(iii)if the goods are loaded on a vehicle for transport by road at a place for the storage or temporary holding of goods in bulk that is unattended during the loading (except by a driver of the vehicle, a trainee driver or anyone necessary for the normal operation of the vehicle)—a person who loads the goods; or
(c)if no-one can be identified as the consignor under paragraph (b) and the goods are imported into Australia—a person who imports the goods.
Meaning of consignee of goods
In this Act:
consignee, of goods—
(a)means a person who—
(i)with the person’s authority, is named or otherwise identified as the intended consignee of the goods in the transport documentation relating to the transport of the goods by road; or
(ii)actually receives the goods after completion of their transport by road; but
(b)does not include a person who only unloads the goods.
Meaning of freight container
In this Act:
freight container—
(a)means—
(i)a re-usable container of the kind mentioned in Australian Standard AS 3711.1:2000, Freight containers—Classification, dimensions and ratings, that is designed for repeated use for the transport of goods by 1 or more modes of transport; or
(ii)a re-usable container of the same or a similar design and construction to a container mentioned in subparagraph (i) though of different dimensions; and
(b)includes a container prescribed by regulation; but
(c)does not include anything exempted by regulation.
Meaning of package of goods and packer
(1)In this Act:
package, of goods, means the complete product of the packing of the goods for transport by road, consisting of the goods and their packaging.
packer, of goods for transport by road, means a person who—
(a)puts the goods in a packaging for transport by road; or
(b)assembles the goods as packaged goods in an outer packaging or unit load for transport by road; or
(c)supervises an activity mentioned in paragraph (a) or (b); or
(d)manages or controls an activity mentioned in paragraph (a), (b) or (c).
(2)In this section:
packaging, of goods for transport by road, means the container (including a freight container) in which the goods are received or held for transport by road, and includes anything that allows the container to receive or hold the goods or to be closed.
unit load means a load of packaged goods that are—
(a)wrapped in plastics, and strapped or otherwise secured to a pallet or other base and to each other, for transport; or
(b)placed together in a protective outer container (other than a freight container) for transport; or
(c)secured together in a sling for transport.
Meaning of loader of goods
In this Act:
loader, of goods, means a person who—
(a)loads a vehicle or combination with goods for transport by road; or
(b)loads a vehicle or combination with a freight container (whether or not containing goods) for transport by road; or
(c)without limiting paragraph (a) or (b), loads a freight container already in a vehicle or combination with goods for transport by road; or
(d)supervises an activity mentioned in paragraph (a), (b) or (c); or
(e)manages or controls an activity mentioned in paragraph (a), (b), (c) or (d).
Meaning of transport documentation
In this Act:
transport documentation means—
(a)any contractual documentation directly or indirectly associated with—
(i)a transaction for the actual or proposed transport of goods or passengers by road, or any previous transport of the goods or passengers by any method; or
(ii)goods or passengers themselves as far as the documentation is relevant to their actual or proposed transport; or
(b)any associated documentation—
(i)contemplated in the contractual documentation; or
(ii)required by law, or customarily given, in relation to the contractual documentation or with the transaction.
NoteTransport documentation may be recorded, produced, given, etc in electronic form (see Electronic Transactions Act 2001).
Examples—transport documentation
any of the following if it relates to the goods or passengers
· an invoice
· a vendor declaration
· a delivery order
· a consignment note
· a load manifest
· an export receival advice
· a bill of lading
· a contract of carriage
· a sea carriage document
· a container weight declaration
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Meaning of journey documentation
(1)In this Act:
journey documentation means documentation that—
(a)is not transport documentation; and
(b)is directly or indirectly associated with—
(i)the actual or proposed physical transport of goods or passengers by road, or any previous transport of the goods or passengers by any method; or
(ii)goods or passengers themselves as far as the documentation is relevant to their actual or proposed physical transport.
(2)To avoid any doubt, it does not matter whether the documentation relates to a particular journey or to journeys generally.
NoteJourney documentation may be recorded, produced, given, etc in electronic form (see Electronic Transactions Act 2001).
Examples—journey documentation
1 records kept, used or obtained by a responsible person for a heavy vehicle or heavy combination in relation to the transport of goods or passengers in the vehicle or combination
2 workshop, maintenance and repair records relating to a vehicle or combination used, or claimed to be used, for the transport of the goods or passengers
3 a subcontractor’s payment advice relating to the goods or passengers or the transport of the goods or passengers
4 records kept, used or obtained by the driver of the vehicle or combination used, or claimed to be used, for the transport of the goods or passengers, including, for example, a driver’s run sheet, a work diary entry, a fuel docket or receipt, a food receipt, a tollway receipt, pay records and mobile or other phone records
5 information reported through the use of an intelligent transport system
6 driver manuals and instruction sheets
7 advice in any form from check weighing performed before, during or after a journey
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Part 1.3Authorised people
NoteAuthorised people are appointed and issued with identity cards under the Road Transport (General) Act 1999, s 19 and s 20.
Reciprocal powers agreements
(1)This section has effect in relation to another jurisdiction if the corresponding law of the other jurisdiction contains provisions corresponding to this section.
(2)The Minister may enter into an agreement (a reciprocal powers agreement) with a Minister of the other jurisdiction—
(a)for section 21; and
(b)to amend or revoke the agreement.
(3)A reciprocal powers agreement is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Reciprocal powers agreements—functions
(1)To the extent anticipated by a reciprocal powers agreement with another jurisdiction—
(a)ACT authorised people and ACT police officers may, in the ACT or the other jurisdiction, exercise functions given respectively to authorised people (however described) or police officers of the other jurisdiction under the corresponding law of the other jurisdiction; and
(b)authorised people (however described) and police officers of the other jurisdiction may, in the ACT or the other jurisdiction, exercise functions given respectively to authorised people and police officers under this Act.
(2)Anything done or omitted to be done by an ACT police officer or an ACT authorised person under subsection (1) (a) is taken to have been done under this Act as well as under the corresponding law.
(3)A regulation may make provision for the exercise of functions under this section.
(4)Nothing in this section affects the road transport authority’s power under the Road Transport (General) Act 1999, section 19 (Authorised persons) to appoint an authorised person (however described) under a law of another jurisdiction as an authorised person for this Act.
Road transport authority may designate other jurisdiction card as identity card
(1)The road transport authority may designate a card issued to an authorised person under a corresponding heavy vehicle road law by a corresponding road transport authority as an identity card for this Act.
Note 1A 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).
Note 2Identity cards for this Act are issued under the Road Transport (General) Act 1999, s 20.
(2)However, the road transport authority must not designate an authorised person’s card under subsection (1) unless the card—
(a)identifies the person as an authorised person (however described) under a corresponding heavy vehicle road law; and
(b)shows the things mentioned in the Road Transport (General) Act 1999, section 20 (1) (a) and (b) (Identity cards).
(3)The designation of a card is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(4)To remove any doubt, a designated card for an authorised person is taken to be an identity card for the Road Transport (General) Act 1999, section 21 (Power not to be exercised before identity card shown) in relation to an exercise of a power under this Act.
Road transport authority may exercise functions of police officers and authorised people
(1)The road transport authority may exercise any function given under a heavy vehicle road law to a police officer or authorised person, other than a function that requires the physical presence of a police officer or authorised person.
NoteFunction includes authority, duty or power (see Legislation Act, dict).
(2)To remove any doubt, in this Act (except this part) references to a police officer or authorised person include references to the road transport authority.
Chapter 2Mass, dimensions and loading requirements for vehicles
Part 2.1Definitions—ch 2
Definitions—ch 2
In this chapter:
dimension requirement—see section 102.
formal warning—see section 200.
loading requirement—see section 103.
lower limit, for a breach of a mass, dimension or loading requirement, means a lower limit under subdivision 2.2.2.2 (Lower limits for breaches).
mass requirement—see section 101.
minor risk breach, of a mass, dimension or loading requirement—see section 109.
prohibition order—see section 210.
severe risk breach, of a mass, dimension or loading requirement—see section 111.
substantial risk breach, of a mass, dimension or loading requirement—see section 110.
supervisory intervention order—see section 206.
Meaning of mass requirement—ch 2
(1)In this chapter:
mass requirement—
(a)means a requirement of an Australian heavy vehicle road law that relates to the mass of a vehicle or combination or the mass of, or on any component of, a vehicle or combination; and
(b)includes a defined requirement.
(2)For this section, each of the following is a defined requirement:
(a)a requirement of an Australian heavy vehicle road law about mass limits relating to—
(i)the tare mass of a vehicle or combination; or
(ii)the gross vehicle mass of a vehicle or combination; or
(iii)the mass of the load in a vehicle or combination; or
(iv)the mass on a tyre, an axle or an axle group of the vehicle or combination;
(b)a requirement of an Australian heavy vehicle road law about mass limits relating to axle spacing;
(c)mass limits set out on signs erected or displayed under an Australian heavy vehicle road law.
Example—sign displayed under Australian heavy vehicle road law
a sign-posted bridge limit
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(3)In this section:
tare mass, for a motor vehicle—see the Road Transport (Vehicle Registration) Regulation 2000, dictionary.
Meaning of dimension requirement—ch 2
In this chapter:
dimension requirement means a requirement of an Australian heavy vehicle road law that relates to the dimensions of—
(a)a vehicle or combination; or
(b)a load; or
(c)a component of a vehicle or combination.
Examples
1 the dimensions of a vehicle or combination, disregarding its load (if any)
2 the dimensions of a vehicle or combination including its load
3 the dimensions of the load in a vehicle or combination
4 the internal measurements of a vehicle or combination, including, for example, the distance between—
(a)components of a vehicle or combination; or
(b)vehicles in a combination; or
(c)a vehicle in a combination and a component of another vehicle in the combination
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Meaning of loading requirement—ch 2
In this chapter:
loading requirement means a requirement of an Australian heavy vehicle road law that relates to the restraint or positioning of a load, or any part of a load, on a vehicle or combination.
Part 2.2Mass, dimensions and loading requirements for heavy vehicles and heavy combinations
Division 2.2.1 Preliminary
Purpose and operation—pt 2.2
(1)The main purpose of this part is to make provision for compliance with, and enforcement of, Australian heavy vehicle road laws in circumstances in which a load is, or may be, a factor in a breach or suspected breach of a mass, dimension or loading requirement.
(2)This part does not limit the operation of other provisions of this Act, or any other road transport legislation, in relation to a breach or suspected breach of a mass, dimension or loading requirement.
NoteA laden heavy vehicle or heavy combination could also be subject to other compliance and enforcement provisions under the road transport legislation because the vehicle or combination might fail to comply with legislative provisions about mass or dimensions even if the load is disregarded.
Meaning of imminent loss or shifting of load—pt 2.2
For this part:
imminent—the loss or shifting of a load in a vehicle or combination is imminent if it is likely to happen during the journey being, or about to be, undertaken by which the load is being, or is to be, transported, having regard to—
(a)the nature and condition of the vehicle or combination; and
(b)the nature, condition, placement and securing of the load; and
(c)the length of the journey; and
(d)the nature and condition of the route of the journey; and
(e)any other relevant factor.
Deciding whether breach involves appreciable risk of harm
For this part, in deciding whether a breach of a mass, dimension or loading requirement involves an appreciable risk of harm to public safety, the environment, road infrastructure or public amenity, regard must be had to—
(a)the nature and severity of the breach; and
(b)the consequences or likely consequences of the breach; and
(c)any other relevant factor.
Movement of people not shifting or loss of load
For this part, the disembarkation of people from, or the movement of people on, a vehicle or combination does not constitute a loss or shifting of the load of the vehicle or combination.
Division 2.2.2 Categorisation of breaches
Subdivision 2.2.2.1 Categories of breaches
Categories generally
For this Act, breaches of mass, dimension or loading requirements are categorised as follows:
(a)minor risk breaches;
(b)substantial risk breaches;
(c)severe risk breaches.
Meaning of minor risk breach—ch 2
(1)In this chapter:
minor risk breach, of a mass, dimension or loading requirement means any of the following:
(a)a minor risk breach—mass requirement;
(b)a minor risk breach—dimension requirement;
(c)a minor risk breach—loading requirement.
(2)In this section:
minor risk breach—dimension requirement—
(a)means a breach of a dimension requirement if the subject matter of the breach is smaller than the lower limit for a substantial risk breach of the dimension requirement; and
(b)includes a breach that is taken to be a minor risk breach under section 121 (Requirement breaches relating to dangerous projections—categorisation).
Note 1The lower limit for a substantial risk breach of a dimension requirement is dealt with in s 113, s 114, s 115 and s 116.
Note 2However, in some circumstances a minor risk breach is taken to be a substantial risk breach (see s 117, s 118 and s 119).
Note 3A breach of an Australian heavy vehicle road law about a load projecting dangerously may also be a minor risk breach of a dimension requirement (see s 121).
minor risk breach—loading requirement, for a load, means a breach of a loading requirement if loss or shifting of the load—
(a)has not happened and is not imminent; and
(b)would not involve (if it were to happen) an appreciable risk of harm to public safety, the environment, road infrastructure or public amenity.
Note 1For whether the loss or shifting of the load in a vehicle or combination is imminent—see s 105.
Note 2Whether a breach of a mass, dimension or loading requirement involves an appreciable risk of harm is dealt with in s 106.
minor risk breach—mass requirement means a breach of a mass requirement if the subject matter of the breach has less mass than the lower limit for a substantial risk breach of the mass requirement.
NoteThe lower limit for a substantial risk breach of a mass requirement is dealt with in s 112.
Meaning of substantial risk breach—ch 2
(1)In this chapter:
substantial risk breach, of a mass, dimension or loading requirement means any of the following:
(a)a substantial risk breach—mass requirement;
(b)a substantial risk breach—dimension requirement;
(c)a substantial risk breach—loading requirement.
(2)In this section:
substantial risk breach—dimension requirement—
(a)means a breach of a dimension requirement if the subject matter of the breach—
(i)is equal to or larger than the lower limit for a substantial risk breach of the dimension requirement; and
(ii)is smaller than the lower limit for a severe risk breach of the dimension requirement; and
(b)includes a breach that is taken to be a substantial risk breach under section 121 (Requirement breaches relating to dangerous projections—categorisation).
Note 1The lower limit for a substantial risk breach, and a severe risk breach, of a dimension requirement is dealt with in s 113, s 114, s 115 and s 116.
Note 2However, in some circumstances a substantial risk breach is taken to be a severe risk breach (see s 117, s 118 and s 119).
Note 3A breach of an Australian heavy vehicle road law about a load projecting dangerously may also be a substantial risk breach of a dimension requirement (see s 121).
substantial risk breach—loading requirement, for a load, means a breach of a loading requirement if—
(a)loss or shifting of the load—
(i)has already happened or is imminent; but
(ii)does not involve an appreciable risk of harm to public safety, the environment, road infrastructure or public amenity; or
(b)loss or shifting of the load—
(i)has not happened and is not imminent; but
(ii)would involve (if it were to happen) an appreciable risk of harm to public safety, the environment, road infrastructure or public amenity.
Note 1For whether the loss or shifting of the load in a vehicle or combination is imminent—see s 105.
Note 2Whether a breach of a mass, dimension or loading requirement involves an appreciable risk of harm is dealt with in s 106.
substantial risk breach—mass requirement means a breach of a mass requirement if the subject matter of the breach has a mass—
(a)equal to or more than the lower limit for a substantial risk breach of the mass requirement; and
(b)less than the lower limit for a severe risk breach of the mass requirement.
NoteThe lower limit for a substantial risk breach of a mass requirement is dealt with in s 112 (1). The lower limit for a severe risk breach of a mass requirement is dealt with in s 112 (2).
Meaning of severe risk breach—ch 2
(1)In this chapter:
severe risk breach, of a mass, dimension or loading requirement means any of the following:
(a)a severe risk breach—mass requirement;
(b)a severe risk breach—dimension requirement;
(c)a severe risk breach—loading requirement.
(2)In this section:
severe risk breach—dimension requirement means a breach of a dimension requirement if the subject matter of the breach is equal to or larger than the lower limit for a severe risk breach of the dimension requirement.
NoteThe lower limit for a severe risk breach of a dimension requirement is dealt with in s 113, s 114, s 115 and s 116.
severe risk breach—loading requirement, for a load, means a breach of a loading requirement if loss or shifting of the load—
(a)has already happened or is imminent; and
(b)involves an appreciable risk of harm to public safety, the environment, road infrastructure or public amenity.
Note 1For whether the loss or shifting of the load in a vehicle or combination is imminent—see s 105.
Note 2Whether a breach of a mass, dimension or loading requirement involves an appreciable risk of harm is dealt with in s 106.
severe risk breach—mass requirement means a breach of a mass requirement if the subject matter of the breach has a mass equal to or more than the lower limit for a severe risk breach of the mass requirement.
NoteThe lower limit for a severe risk breach of a mass requirement is dealt with in s 112 (2).
Subdivision 2.2.2.2 Lower limits for breaches
Lower limits—breach of mass requirements
(1)The lower limit for a substantial risk breach of a mass requirement is—
(a)for a mass requirement that relates to the gross mass of a heavy vehicle or heavy combination—the greater of the following:
(i)105% of the maximum permissible mass under the mass requirement, rounded up to the nearest 0.1t;
(ii)0.5t; or
(b)in any other case—105% of the maximum permissible mass under the mass requirement, rounded up to the nearest 0.1t.
Note105% of the maximum permissible mass is equivalent to the permissible mass plus an extra 5%.
(2)The lower limit for a severe risk breach of a mass requirement is 120% of the maximum permissible mass under the mass requirement, rounded up to the nearest 0.1t.
Note120% of the maximum permissible mass is equivalent to the permissible mass plus an extra 20%.
(3)In this section:
legislatively specified mass limit means a mass limit in a heavy vehicle road law or another territory law.
mass requirement means a mass requirement for a heavy vehicle or heavy combination, or any component of a heavy vehicle or heavy combination, or any load in a heavy vehicle or heavy combination, that is imposed by reference to—
(a)a legislatively specified mass limit; or
(b)a manufacturer’s mass rating; or
(c)the lower of—
(i)a legislatively specified mass limit; and
(ii)a manufacturer’s mass rating.
NoteA regulation may prescribe a lower limit that is higher (see s 120).
Lower limits—breach of dimension requirements—load projection
(1)The lower limit for a substantial risk breach of a projection requirement is 40mm over the maximum permissible dimension limit under the projection requirement.
NoteA regulation may prescribe a lower limit that is higher (see s 120).
(2)The lower limit for a severe risk breach of a projection requirement is 80mm over the maximum permissible dimension limit under the projection requirement.
NoteA regulation may prescribe a lower limit that is higher (see s 120).
(3)Nothing in this section affects a person’s liability for a breach of an overall width requirement under section 114.
(4)In this section:
projection requirement means a dimension requirement imposed by reference to the length of a projection of a load from either side of a heavy vehicle or heavy combination.
Example
a dimension requirement that a load in a heavy vehicle must not project more than 150mm from the outermost part of either side of the heavy vehicle
Note 1In some circumstances a minor risk breach is taken to be a substantial risk breach and a substantial risk breach is taken to be a severe risk breach (see s 117 and s 119).
Note 2An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Lower limits—breach of dimension requirements—overall width
(1)The lower limit for a substantial risk breach of an overall width requirement is 40mm measured from a side of the heavy vehicle or heavy combination.
NoteA regulation may prescribe a lower limit that is higher (see s 120).
(2)The lower limit for a severe risk breach of an overall width requirement is 80mm measured from a side of the heavy vehicle or heavy combination.
NoteA regulation may prescribe a lower limit that is higher (see s 120).
(3)A breach of an overall width requirement is categorised by reference to the length of the projection of the load from a side of the heavy vehicle or heavy combination.
Example
A load projects 50mm from the side of a heavy combination, so the 50mm is used to determine that, under s (3), the breach is a substantial risk breach.
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(4)If the load projects from both sides and the length of the projection from 1 side is more than the length of the projection from the other side, the breach must be categorised by reference to the longer projection.
(5)Nothing in this section affects a person’s liability for a breach of a projection requirement under section 113.
(6)In this section:
overall width requirement means a dimension requirement imposed by reference to the overall width of a heavy vehicle, or heavy combination, together with its load if the load is a factor in working out the overall width.
Example
a dimension requirement that a heavy vehicle (and its load) must not be over 2.5m wide
NoteIn some circumstances a minor risk breach is taken to be a substantial risk breach and a substantial risk breach is taken to be a severe risk breach (see s 117 and s 119).
Lower limits—breach of dimension requirements—height
(1)The lower limit for a substantial risk breach of a height requirement is 150mm over the maximum permissible height limit under the height requirement.
NoteA regulation may prescribe a lower limit that is higher (see s 120).
(2)The lower limit for a severe risk breach of a height requirement is 300mm over the maximum permissible height limit under the height requirement.
NoteA regulation may prescribe a lower limit that is higher (see s 120).
(3)In this section:
height requirement means a dimension requirement imposed by reference to the overall height of a heavy vehicle, or heavy combination, together with a load, if the load is a factor in working out the overall height.
NoteIn some circumstances a minor risk breach is taken to be a substantial risk breach and a substantial risk breach is taken to be a severe risk breach (see s 119).
Lower limits—breach of dimension requirements—length
(1)The lower limit for a substantial risk breach of a length requirement is 0.35m over the maximum permissible dimension limit under the length requirement.
(2)The lower limit for a severe risk breach of a length requirement is 0.6m over the maximum permissible dimension limit under the length requirement.
(3)In this section:
length requirement means a dimension requirement imposed by reference to the overall length of a heavy vehicle, or heavy combination, together with its load if the load is a factor in working out the overall length.
Note 1In some circumstances a minor risk breach is taken to be a substantial risk breach and a substantial risk breach is taken to be a severe risk breach (see s 118 and s 119).
Note 2A regulation may prescribe a lower limit that is higher (see s 120).
Subdivision 2.2.2.3 Some breaches taken to be higher category breaches
Lower limits—some width breaches higher category breaches
(1)This section applies to a breach of a dimension requirement to which section 113 or section 114 applies, if—
(a)the breach is committed—
(i)at night; or
(ii)in hazardous weather conditions that cause reduced visibility; or
(iii)on a declared route or in a declared zone; and
(b)the breach would be a minor risk breach or substantial risk breach because of lower limits applicable under section 113 or section 114.
(2)A breach that would, apart from this section, be a minor risk breach is taken to be a substantial risk breach.
(3)A breach that would, apart from this section, be a substantial risk breach is taken to be a severe risk breach.
(4)In this section:
declared route means a road or road related area, or part of a road or road related area, declared under section 215 to be a declared route.
declared zone means an area declared under section 215 to be a declared zone.
Lower limits—some length breaches higher category breaches
(1)This section applies to a breach, by a heavy vehicle or heavy combination, of a dimension requirement to which section 116 (Lower limits—breach of dimension requirements—length) applies, if—
(a)the rear of the load in the vehicle or combination fails to carry a warning signal required under the dimension requirement; and
(b)the breach would be a minor risk breach or substantial risk breach because of lower limits applicable under section 116.
(2)A breach that would, apart from this section, be a minor risk breach is taken to be a substantial risk breach.
(3)A breach that would, apart from this section, be a substantial risk breach is taken to be a severe risk breach.
Lower limits—some dimension breaches higher category breaches
(1)This section applies to a breach, by a heavy vehicle or heavy combination, of a dimension requirement to which section 113, section 114, section 115 or section 116 applies, if—
(a)the load in the vehicle or combination projects from the vehicle or combination in a way that is dangerous to people or property; and
(b)the breach would be a minor risk breach or substantial risk breach because of lower limits applicable under section 113, section 114, section 115 or section 116.
(2)A breach that would, apart from this section, be a minor risk breach is taken to be a substantial risk breach.
(3)A breach that would, apart from this section, be a substantial risk breach is taken to be a severe risk breach.
Subdivision 2.2.2.4 Miscellaneous
Regulation may increase lower limits
(1)A regulation may prescribe a different lower limit, or a different method of calculating a lower limit, for a substantial risk breach, or severe risk breach, of a mass, dimension or loading requirement to which a provision of subdivision 2.2.2.2 (Lower limits for breaches) applies.
(2)However, the regulation must not prescribe a limit that is lower than the limit provided by the relevant provision of subdivision 2.2.2.2.
NoteA power to make a statutory instrument includes power to make different provision in relation to different matters or different classes of matters (see Legislation Act, s 48.)
Requirement breaches relating to dangerous projections—categorisation
(1)This section applies to a breach of a requirement of an Australian heavy vehicle road law—
(a)to the effect that a load in a heavy vehicle or heavy combination must not project in a way that is dangerous to a person or property, even if all dimension, warning and other requirements are met; and
(b)that is not, apart from this section, a mass, dimension or loading requirement.
(2)For this Act, a breach to which this section applies is taken to be—
(a)a breach of a dimension requirement; and
(b)a minor risk breach of the requirement, unless subsection (3) applies.
(3)For this Act, a breach to which this section applies is taken to be a substantial risk breach if the breach is committed—
(a)at night; or
(b)in hazardous weather conditions that cause reduced visibility.
Division 2.2.3 Enforcement powers
Note 1Further enforcement powers are in ch 3.
Note 2The enforcement powers under this division vary according to the risk category involved. The main features are as follows:
(a)Minor risk breaches
A police officer or authorised person may authorise the driver to continue the journey (conditionally or unconditionally), but in particular circumstances the officer or person may direct the driver to rectify the breach before proceeding or to move the heavy vehicle or heavy combination to a suitable location (within a limited distance) and not proceed until the breach is rectified.
(b)Substantial risk breaches
A police officer or authorised person must direct the driver not to proceed until the breach is rectified, but in particular circumstances (or acting under particular RTA instructions) the officer or person may direct the driver to move the heavy vehicle or heavy combination to the nearest suitable location and not proceed until the breach is rectified.
(c)Severe risk breaches
A police officer or authorised person must direct the driver not to proceed until the breach is rectified, but in particular circumstances (or acting under particular RTA instructions) the officer or person may direct the driver to move the heavy vehicle or heavy combination to the nearest safe location and not proceed until the breach is rectified.
A direction may instead be given to the operator of the heavy vehicle or heavy combination, who is required to ensure that the direction is carried out.
Subdivision 2.2.3.1 Application and definitions
Application—div 2.2.3
This division applies to a heavy vehicle or heavy combination whether or not the vehicle or combination is, has been, or becomes, the subject of a direction under part 3.1 (Investigation powers).
Definitions—div 2.2.3
In this division:
particular RTA instructions, authorising or requiring the moving of a heavy vehicle or heavy combination, means specific instructions or standing instructions given by the road transport authority (orally, in writing, or in any other way) authorising or requiring the moving of the heavy vehicle or heavy combination in the stated circumstances.
NoteInstructions may be given in electronic form (see Electronic Transactions Act 2001).
suitable location, for a police officer or authorised person giving a direction, means a location that the officer or person believes on reasonable grounds is suitable for complying with the direction, having regard to any matter the officer or person considers relevant in the circumstances.
Subdivision 2.2.3.2 Minor risk breaches
Minor risk breaches—authorisation and directions
(1)This section applies if a police officer or authorised person believes on reasonable grounds that a heavy vehicle or heavy combination—
(a)is the subject of a minor risk breach of a mass, dimension or loading requirement; and
(b)is not the subject of a substantial risk breach, or severe risk breach, of the requirements.
(2)The police officer or authorised person must give a driver or operator of the heavy vehicle or heavy combination either—
(a)an authorisation to proceed under section 125; or
(b)if the officer or person has the belief mentioned in subsection (3)—a direction to stop and rectify the breach under section 126; or
(c)if the officer or person has the belief mentioned in subsection (4)—a direction to move and rectify the breach under section 127.
(3)The police officer or authorised person may give a direction under section 125 if the officer or person believes on reasonable grounds that circumstances exist that justify the giving of a direction under the section.
(4)The police officer or authorised person may give a direction under section 126 if the officer or person believes on reasonable grounds that—
(a)circumstances exist that justify the giving of a direction under the section; and
(b)the heavy vehicle or heavy combination should be moved to another location.
(5)Without limiting subsection (3) or (4), circumstances that justify the giving of a direction exist if—
(a)rectification is reasonable and can be carried out easily; or
(b)rectification is necessary in the public interest to avoid potential risk of harm to public safety, the environment, road infrastructure or public amenity.
Minor risk breaches—authorisation to proceed
(1)This section applies if, under section 124, a police officer or authorised person may give an authorisation under this section.
(2)The police officer or authorised person may give the driver of the heavy vehicle or heavy combination an authorisation to continue the journey under section 137 (Authorisation to continue journey if minor risk breach).
NoteSection 136 allows the police officer or authorised person to allow the heavy vehicle or heavy combination to continue its journey (conditionally or unconditionally) if only minor risk breaches exist and no direction to rectify the breaches has been given or remains in force.
Minor risk breaches—directions to stop and rectify
(1)This section applies if, under section 124, a police officer or authorised person may give a direction under this section.
(2)The police officer or authorised person may direct the driver or operator of the heavy vehicle or heavy combination not to proceed until stated breaches of mass, dimension or loading requirements are rectified.
(3)A direction may be conditional.
Minor risk breaches—directions to move and rectify
(1)This section applies if, under section 124, a police officer or authorised person may give a direction under this section.
(2)The police officer or authorised person may direct the driver or operator of the heavy vehicle or heavy combination to move the vehicle or combination, or cause the vehicle or combination to be moved, to a stated suitable location that is within the maximum distance, and not to proceed from there until stated breaches of mass, dimension or loading requirements are rectified.
NoteSuitable location, for a police officer or authorised person giving a direction—see s 123.
(3)A direction may be conditional.
(4)In this section:
maximum distance means a distance (in any direction) within a radius of 30km of—
(a)the location of the vehicle or combination when the direction is given; or
(b)any point along the forward route of the journey, if the direction is given during the journey of the vehicle or combination.
Offence—minor risk breaches—fail to comply with directions
(1)A person commits an offence if the person—
(a)is subject to a direction under section 126 or section 127; and
(b)fails to comply with the direction (including a condition of the direction).
Maximum penalty: 50 penalty units.
NoteThe registered operator may be taken to have committed this offence if the registered operator does not give the road transport authority the name of the operator of the vehicle or combination (see s 403).
(2)An offence against this section is a strict liability offence.
Subdivision 2.2.3.3 Substantial risk breaches
Substantial risk breaches—directions
(1)This section applies if a police officer or authorised person believes on reasonable grounds that a heavy vehicle or heavy combination—
(a)is the subject of a substantial risk breach of a mass, dimension or loading requirement; and
(b)is not the subject of a severe risk breach of a mass, dimension or loading requirement.
(2)The police officer or authorised person must give the driver or operator of the heavy vehicle or heavy combination either—
(a)a direction to stop and rectify the breach under section 130; or
(b)if the officer or person has the belief mentioned in subsection (3)—a direction to move and rectify the breach under section 130 (3).
(3)The police officer or authorised person must give a direction under section 130 (3) if the officer or person believes on reasonable grounds that—
(a)circumstances exist that justify the moving of the heavy vehicle or heavy combination to another location; or
(b)particular RTA instructions have been given authorising or requiring the moving of the heavy vehicle or heavy combination to another location.
NoteParticular RTA instructions, authorising or requiring the moving of a heavy vehicle or heavy combination—see s 123.
(4)Without limiting subsection (3), circumstances that justify the moving of a heavy vehicle or heavy combination exist if moving the heavy vehicle or heavy combination is necessary in the public interest to avoid potential risk of harm to public safety, the environment, road infrastructure or public amenity.
Substantial risk breaches—directions to stop and rectify
(1)This section applies if, under section 129, a police officer or authorised person must give a direction under this section.
(2)The police officer or authorised person must direct the driver or operator of the heavy vehicle or heavy combination not to proceed until stated breaches of mass, dimension or loading requirements are rectified.
(3)A direction may be conditional.
Substantial risk breaches—directions to move and rectify
(1)This section applies if, under section 129, a police officer or authorised person must give a direction under this section.
(2)The police officer or authorised person must direct the driver or operator of the heavy vehicle or heavy combination to move the vehicle or combination, or cause the vehicle or combination to be moved, to the stated nearest suitable location, and not to proceed from there until stated breaches of mass, dimension or loading requirements are rectified.
NoteSuitable location, for a police officer or authorised person giving a direction—see s 123.
(3)To avoid any doubt, nothing in this section prevents the following places from being the nearest suitable location for this section:
(a)the intended destination of the journey;
(b)the depot of the heavy vehicle or of a heavy vehicle in the heavy combination.
(4)A direction may be conditional.
Offence—substantial risk breaches—fail to comply with directions
(1)A person commits an offence if the person—
(a)is subject to a direction under section 130 or section 131; and
(b)fails to comply with the direction (including a condition of the direction).
Maximum penalty: 50 penalty units.
NoteThe registered operator may be taken to have committed this offence if the registered operator does not give the road transport authority the name of the operator of the vehicle or combination (see s 403).
(2)An offence against this section is a strict liability offence.
Subdivision 2.2.3.4 Severe risk breaches
Severe risk breaches—directions
(1)This section applies if a police officer or authorised person believes on reasonable grounds that a heavy vehicle or heavy combination is the subject of a severe risk breach of a mass, dimension or loading requirement.
(2)The police officer or authorised person must give the driver or operator of the heavy vehicle or heavy combination either—
(a)a direction to stop and rectify the breach under section 134; or
(b)if the officer or person has the belief mentioned in subsection (3)—a direction to move and rectify the breach under section 135.
(3)The police officer or authorised person must give a direction under section 134 if the officer or person believes on reasonable grounds that—
(a)circumstances exist that justify the moving of the heavy vehicle or heavy combination to another location; or
(b)particular RTA instructions have been given authorising or requiring the moving of the heavy vehicle or heavy combination to another location.
NoteParticular RTA instructions, authorising or requiring the moving of a heavy vehicle or heavy combination—see s 123.
(4)However, circumstances that justify the moving of a heavy vehicle or heavy combination exist only if there is—
(a)an appreciable risk of harm to public safety, the environment, road infrastructure or public amenity; or
(b)a risk to the welfare of people or live animals in the vehicle or combination.
(5)For this section, risk of harm to public safety does not (subject to subsection (6)) include risk of harm to the safety of the heavy vehicle or heavy combination or any load in the vehicle or combination, but does include risk of harm to the safety of people or live animals in the vehicle or combination.
(6)However, subsection (5) does not prevent the police officer or authorised person from taking into account the safety of the vehicle or combination, or any load in the vehicle or combination, if the officer or person believes on reasonable grounds he or she can do so without prejudicing the safety of other property or of people, the environment, road infrastructure or public amenity.
Severe risk breaches—directions to stop and rectify
(1)This section applies if, under section 133, a police officer or authorised person must give a direction under this section.
(2)The police officer or authorised person must direct the driver or operator of the heavy vehicle or heavy combination not to proceed until stated breaches of mass, dimension or loading requirements are rectified.
(3)A direction may be conditional.
Severe risk breaches—directions to move and rectify
(1)This section applies if, under section 133, a police officer or authorised person must give a direction under this section.
(2)The police officer or authorised person must direct the driver or operator of the heavy vehicle or heavy combination to move the vehicle or combination, or cause the vehicle or combination to be moved, to the stated nearest safe location, and not to proceed from there until stated breaches of mass, dimension or loading requirements are rectified.
(3)A direction may be conditional.
(4)In this section:
safe location means a location that the police officer or authorised person believes on reasonable grounds poses a reduced risk or no appreciable risk of harm to public safety, the environment, road infrastructure or public amenity.
(b)of a mass, dimension or load restraint concession, for division 2.2.9 (Concessions)—see section 182.
conduct means an act, an omission to perform an act or a state of affairs.
connected, with an offence, for part 3.2 (Enforcement powers)—see section 332.
consignee, of goods—see section 14.
consignor, of goods—see section 13.
container weight declaration, for a freight container—see section 168.
contractor, for division 2.5.3 (Victimisation of people for reporting breaches and assisting with investigations)—see section 216.
corresponding heavy vehicle road law means a law of another jurisdiction that is—
(a)corresponding, or substantially corresponding, to a heavy vehicle road law; or
(b)declared by regulation to be a corresponding heavy vehicle road law.
corresponding law means—
(a)a law of another jurisdiction corresponding, or substantially corresponding, to this Act; or
(b)a law of another jurisdiction that is prescribed by regulation to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this Act.
corresponding road transport authority means—
(a)if a person is prescribed by regulation as the corresponding road transport authority for another jurisdiction for this Act—the person prescribed; or
(b)the road transport authority as defined in a corresponding heavy vehicle road law.
deficiency in a vehicle or combination, for division 2.3.2 (Other exceptions to offences)—see section 187.
depot includes a base of operations.
dimension requirement, for chapter 2 (Mass, dimensions and loading requirements for vehicles)—see section 102.
divulge, for part 5.1 (Secrecy and information sharing)—see section 500.
drive, for a vehicle or combination, includes be in control of the vehicle or combination.
driver—
(a)of a vehicle or combination—see section 9; and
(b)of a disconnected trailer, for part 3.1 (Investigation powers)—see section 305.
driver licence—see the Road Transport (Driver Licensing) Act 1999, dictionary.
due date, for an improvement notice, for division 2.4.2 (Improvement notices)—see section 194.
employee—
(a)means an individual who works under a contract of employment, apprenticeship or training; and
(b)for division 2.5.3 (Victimisation of people for reporting breaches and assisting with investigations)—see section 216.
employer means a person who employs people under—
(a)contracts of employment, apprenticeship or training; or
(b)contracts for services.
engage in conduct means—
(a)do an act; or
(b)fail to do an act.
equipment, in relation to a vehicle or combination, includes tools, devices and accessories in the vehicle or combination.
extract, from a record, device or other thing, means a copy of any information contained in the record, device or other thing.
fit, to drive a vehicle or combination, or run its engine, for part 3.1 (Investigation powers)—see section 302.
formal warning, for chapter 2 (Mass, dimensions and loading requirements for vehicles)—see section 200.
freight container—see section 15.
garage address, of a vehicle, means—
(a)if the vehicle is normally kept at a depot when not in use—the main depot of the vehicle; or
(b)if the vehicle is not normally kept at a depot when not in use—
(i)if the vehicle has only 1 registered operator—the home address of the registered operator; or
(ii)if the vehicle has more than 1 registered operator—each of the home addresses of the registered operators.
GCM (or gross combination mass), of a vehicle, means the greatest possible sum of the maximum loaded mass of the vehicle and of any vehicles that may be towed by it at the one time—
(a)specified by the manufacturer on an identification plate on the motor vehicle; or
(b)as specified by the road transport authority if—
(i)there is no specification by the manufacturer on an identification plate on the motor vehicle; or
(ii)the specification is not appropriate because the motor vehicle has been modified.
goods—
(a)includes—
(i)animals (whether alive or dead); and
(ii)a container (whether empty or not); but
(b)does not include—
(i)people; or
(ii)for a vehicle or combination—fuel, water, lubricants and equipment required for the normal operation of the vehicle or combination.
GVM (or gross vehicle mass), of a vehicle, means the maximum loaded mass of the vehicle—
(a)specified by the manufacturer on an identification plate on the vehicle; or
(b)if there is no specification by the manufacturer on an identification plate on the vehicle—certified by the road transport authority; or
(c)if the manufacturer’s specification is not appropriate because the motor vehicle has been modified—certified by the road transport authority.
heavy combination—see section 8.
heavy vehicle—see section 7.
heavy vehicle road law means the following:
(a)this Act;
(b)any other provision of the road transport legislation prescribed by regulation.
NoteA 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).
heavy vehicle road law offence means an offence against a heavy vehicle road law.
home address, of a person, means—
(a)for an individual—the address of the place where the person usually lives; or
(b)for a corporation that has a registered office in Australia—the address of the registered office; or
(c)in any other case—the address of the person’s principal or only place of business in Australia.
imminent, loss or shifting of a load, for part 2.2 (Mass, dimension and loading requirements for heavy vehicles and heavy combinations)—see section 105.
improvement notice, for division 2.4.2 (Improvement notices)—see section 194.
in, a vehicle or combination, includes on the vehicle or combination.
intelligent transport system means a system involving the use of electronic or other technology (whether located in a vehicle or combination, or on or near a road, or elsewhere) that has the capacity and capability to monitor, collect, store, display, analyse, transmit or report information relating to—
(a)the following:
(i)a vehicle or combination or its equipment or load;
(ii)the driver of a vehicle or combination;
(iii)the operator of a fleet of vehicles or combinations;
(iv)someone else involved in road transport; and
(b)without limiting paragraph (a), the operation of a vehicle or combination in relation to its legal entitlements.
journey documentation—see section 19.
learner licence—see the Road Transport (Driver Licensing) Act 1999, dictionary.
legal entitlements, of a vehicle or combination (or component of a vehicle or combination)—
(a)means the particulars of the entitlements under an Australian heavy vehicle road law that authorise the vehicle or combination (or component) to be operated on a road or road related area; and
(b)includes entitlements arising under or as affected by—
(i)a permit, authorisation, approval, exemption, notice or anything else given or issued in writing under the law; and
(ii)restrictions, or the application of restrictions, under an Australian heavy vehicle road law or other laws; and
Example
1 sign-posted mass limits for bridges
2 hazardous weather condition permits
3 special road protection limits
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(iii)an approved road transport compliance scheme.
load, of a vehicle or combination, or in a vehicle or combination—
(a)means—
(i)all the goods, passengers and drivers in the vehicle or combination; and
(ii)all fuel, water, lubricants and readily removable equipment carried in the vehicle or combination and required for the vehicle’s or combination’s normal operation; and
(iii)personal items used by a driver of the vehicle or combination; and
(iv)anything that is normally removed from the vehicle or combination when not in use; and
(b)includes a part of a load.
loader, of goods—see section 17.
loading requirement, for chapter 2 (Mass, dimensions and loading requirements for vehicles)—see section 103.
lower limit, for a breach of a mass, dimension or loading requirement, for chapter 2 (Mass, dimensions and loading requirements for vehicles)—see section 100.
mass, dimension or loading concession, for division 2.2.9 (Concessions)—see section 181.
mass, dimension or loading requirement means any of the following:
(a)a mass requirement;
(b)a dimension requirement;
(c)a loading requirement.
NoteA regulation may impose mass, dimension or loading requirements about the use of roads or road related areas by vehicles (see s 509).
mass requirement, for chapter 2 (Mass, dimensions and loading requirements for vehicles)—see section 101.
minor risk breach, of a mass, dimension or loading requirement, for chapter 2 (Mass, dimensions and loading requirements for vehicles)—see section 109.
occupier, of premises, a vehicle or combination, for part 3.2 (Enforcement powers)—see section 332.
offence, for part 3.2 (Enforcement powers)—see section 332.
operator, of a vehicle or combination—see section 11.
owner—
(a)for a vehicle (including a vehicle in a combination), means a person who—
(i)is the sole owner, a joint owner or a part owner of the vehicle; or
(ii)has possession or use of the vehicle under a credit, hire‑purchase, lease or other agreement, other than an agreement requiring the vehicle to be registered in the name of someone else; or
(b)for a combination, means a person who—
(i)is the sole owner, a joint owner or a part owner of the towing vehicle in the combination; or
(ii)has possession or use of the towing vehicle in the combination under a credit, hire-purchase, lease or other agreement, other than an agreement requiring the vehicle to be registered in the name of someone else.
package, of goods—see section 16.
packer, of goods for transport by road—see section 16.
particular RTA instructions, for division 2.2.3 (Enforcement powers)—see section 123.
passenger, for a vehicle or combination, does not include a driver of the vehicle or combination or anyone necessary for the normal operation of the vehicle or combination.
police officer—see section 23.
premises includes any structure, building, vessel or place (whether built on or not), and any part of the structure, building, vessel or place.
prohibition order, for chapter 2 (Mass, dimensions and loading requirements for vehicles)—see section 210.
protected information, for part 5.1 (Secrecy and information sharing)—see section 500.
public agency, for division 2.5.3 (Victimisation of people for reporting breaches and assisting with investigations)—see section 216.
public authority means—
(a)an Australian government in any capacity; or
(b)a body established under a law, or the holder of an office established under a law, for a public purpose, including a local government authority; or
(c)a police force or police service.
public place means a place which is open to members of the public (with or without payment) but does not include—
(a)a track that, at the relevant time, is being used as a course for racing or testing motor vehicles and from which other traffic is excluded during the use; or
(b)a road or road related area; or
(c)a place exempted by regulation.
public safety means the safety of people or property, including the safety of—
(a)the drivers of and passengers in vehicles and combinations; and
(b)people in or near (or likely to be in or near) roads, road related areas, road infrastructure and public places; and
(c)vehicles and combinations and any loads in them.
qualified, to drive a vehicle or combination or run its engine, for part 3.1 (Investigation powers)—see section 301.
reasonable steps exception means—
(a)for an offence—the exception mentioned in section 185; and
(b)for the operator or driver of a heavy vehicle or heavy combination for an offence involving a breach of a mass requirement—the exception mentioned in section 186.
reciprocal powers agreement—see section 20.
records means any documents, documentation or records, whether in paper, electronic or any other form.
registered operator means—
(a)for a vehicle (including a vehicle in a combination)—
(i)for a vehicle registered under the Road Transport (Vehicle Registration) Act 1999—a person recorded in the registrable vehicles register kept under that act as a registered operator of the vehicle; or
(ii)for a vehicle registered under the law of another jurisdiction—a person recorded in the register of the other jurisdiction corresponding to the registrable vehicles register as a registered operator (however described) of the vehicle; or
(b)for a combination—
(i)if the towing vehicle is registered under the Road Transport (Vehicle Registration) Act 1999—a person recorded in the registrable vehicles register kept under that act as a registered operator of the towing vehicle; or
(ii)if the towing vehicle is registered under the law of another jurisdiction—a person recorded in the register of the other jurisdiction corresponding to the registrable vehicles register as a registered operator (however described) of the towing vehicle.
registration, of a heavy vehicle, means registration of the vehicle under an Australian heavy vehicle road law.
responsible entity, for a freight container—see section 167.
responsible person, for a heavy vehicle or heavy combination—see section 12.
road—
(a)means an area that is open to or used by the public and is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; but
(b)does not include an area that would otherwise be a road as far as a declaration under the Road Transport (General) Act 1999, section 12 (Power to include or exclude areas in road transport legislation) declares that this Act does not apply to the area.
road infrastructure—
(a)includes—
(i)a road, or road related area, including its surface or pavement; and
(ii)anything under or supporting a road, or road related area, or its surface or pavement and maintained by the territory; and
(iii)any bridge, tunnel, causeway, road-ferry, ford or other work or structure forming part of a road system, or road related area system, or supporting a road or road related area; and
(iv)any bridge or other work or structure located above, in or on a road or road related area and maintained by the territory; and
(v)any traffic control devices, railway or tramway equipment, electricity equipment, emergency telephone systems or any other facilities (whether of the same or a different kind) in, on, over, under or connected with anything mentioned in subparagraphs (i) to (iv); and
(vi)anything else prescribed by regulation as road infrastructure; but
(b)does not include anything prescribed by regulation as not road infrastructure.
road related area—
(a)means—
(i)an area that divides a road; or
(ii)a footpath or nature strip adjacent to a road; or
(iii)an area that is open to the public and is designated for use by cyclists or animals; or
(iv)an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles; or
(v)a shoulder of a road; and
(b)includes any other area that is open to or used by the public as far as a declaration under the Road Transport (General) Act 1999, section 12 (Power to include or exclude areas in road transport legislation) declares that this Act applies to the area; and
(c)does not include an area that would otherwise be a road related area as far as a declaration under the Road Transport (General) Act 1999, section 12, declares that this Act does not apply to the area.
roads compensation order—see section 404.
road transport means the transport of goods or passengers by road by means of a vehicle or combination.
run, the engine of a vehicle or combination, includes to start or stop the engine.
severe risk breach, of a mass, dimension or loading requirement, for chapter 2 (Mass, dimensions and loading requirements for vehicles)—see section 111.
specifications, of a vehicle, means the physical dimensions and other physical attributes of the vehicle and its fittings.
substantial risk breach, of a mass, dimension or loading requirement, for chapter 2 (Mass, dimensions and loading requirements for vehicles)—see section 110.
suitable location, for a police officer or authorised person giving a direction, for division 2.2.3 (Enforcement powers)—see section 123.
supervisory intervention order, for chapter 2 (Mass, dimensions and loading requirements for vehicles)—see section 206.
traffic includes vehicle traffic, pedestrian traffic, and all other forms of road traffic.
trailer—
(a)means a vehicle that, whether or not its movement is aided by another power source—
(i)is built to be towed, or is towed, by another vehicle; and
(ii)is not capable of being propelled in the course of normal use on a road without being towed by another vehicle; but
(b)does not include—
(i)a motor vehicle being towed; or
(ii)anything excluded by regulation.
transport by road—see road transport.
transport documentation—see section 18.
unattended, for a vehicle or combination, for part 3.1 (Investigation powers)—see section 304.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Road Transport (Mass, Dimensions and Loading) Act 2009 A2009‑22
notified LR 3 September 2009
s 1, s 2 commenced 3 September 2009 (LA s 75 (1))
remainder commenced 3 March 2010 (s 2 and LA s 79)as amended by
Justice and Community Safety Legislation Amendment Act 2010 A2010-13 sch 1 pt 1.6
notified LR 31 March 2010
s 1, s 2 commenced 31 March 2010 (LA s 75 (1))
s 3 commenced 1 April 2010 (LA s 75AA)
sch 1 pt 1.6 commenced 1 July 2010 (s 2 (3) (c))Statute Law Amendment Act 2010 A2010-18 sch 3 pt 3.16
notified LR 13 May 2010
s 1, s 2 commenced 13 May 2010 (LA s 75 (1))sch 3 pt 3.16 commenced 3 June 2010 (s 2)
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.136
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))sch 1 pt 1.136 commenced 1 July 2011 (s 2 (1))
Road Transport (General) Amendment Act 2012 (No 2) A2012-16 sch 1 pt 1.3
notified LR 15 May 2012
s 1, s 2 commenced 15 May 2012 (LA s 75 (1))
sch 1 pt 1.3 commenced 15 November 2012 (s 2 and LA s 79)Statute Law Amendment Act 2013 A2013-19 sch 3 pt 3.40
notified LR 24 May 2013
s 1, s 2 commenced 24 May 2013 (LA s 75 (1))sch 3 pt 3.40 commenced 14 June 2013 (s 2)
Marriage Equality (Same Sex) Act 2013 A2013-39 sch 2 pt 2.22
notified LR 4 November 2013
s 1, s 2 commenced 4 November 2013 (LA s 75 (1))
sch 2 pt 2.22 commenced 7 November 2013 (s 2 and CN2013-11)NoteThe High Court held this Act to be of no effect (see Commonwealth v Australian Capital Territory [2013] HCA 55)
as repealed by
Heavy Vehicle National Law (Consequential Amendments) Act 2013 A2013-52 s 4
notified LR 9 December 2013
s 1, s 2 commenced 9 December 2013 (LA s 75 (1))s 4 commenced 10 February 2014 (s 2 and see Heavy Vehicle National Law (ACT) Act 2013 A2013-51, s 2 (1) and CN2014-2)
Amendment history
Commencement
s 2om LA s 89 (4)
Rights, liabilities and obligations of multiple responsible people
s 12Ains A2012‑16 amdt 1.11
Meaning of associate—pt 2.4
s 191am A2013‑39 amdt 2.56 (A2013‑39 never effective (see Commonwealth v Australian Capital Territory [2013] HCA 55))
Consent to entry
s 335am A2010‑18 amdt 3.65
Warrants generally
s 349am A2010‑18 amdt 3.66
Return of things seized
s 357am A2011‑22 amdt 1.391
Forfeiture of seized things
s 358am A2011‑22 amdt 1.391
Application for order disallowing seizure
s 359am A2011‑22 amdt 1.391
Order for return of seized thing
s 360am A2011‑22 amdt 1.391
Proof of appointments unnecessary
s 412am A2011‑22 amdt 1.392
Evidence—measuring and weighing
s 414am A2010‑13 amdt 1.28, amdt 1.29
Regulations—may apply certain documents etc
s 511am A2010‑18 amdt 3.67
Legislation amended—sch 1
s 512om LA s 89 (3)
Legislation repealed
s 513om LA s 89 (3)
Transitional
ch 6 hdgexp 3 March 2012 (s 604)
Definitions—ch 6
s 600exp 3 March 2012 (s 604)
def commencement day exp 3 March 2012 (s 604)
def repealed Act exp 3 March 2012 (s 604)
Transitional—unattended vehicle notices
s 601exp 3 March 2012 (s 604)
Transitional—load directions
s 602exp 3 March 2012 (s 604)
Transitional regulations
s 603exp 3 March 2012 (s 604)
Expiry—ch 6
s 604exp 3 March 2012 (s 604)
Consequential amendments
sch 1 hdgom LA s 89 (3)
Magistrates Court Act 1930
sch 1 pt 1.1om LA s 89 (3)
Road Transport (Alcohol and Drugs) Act 1977
sch 1 pt 1.2om LA s 89 (3)
Road Transport (Driver Licensing) Act 1999
sch 1 pt 1.3om LA s 89 (3)
Road Transport (Driver Licensing) Regulation 2000
sch 1 pt 1.4om LA s 89 (3)
Road Transport (General) Act 1999
sch 1 pt 1.5om LA s 89 (3)
Road Transport (General) Regulation 2000
sch 1 pt 1.6om LA s 89 (3)
Road Transport (Offences) Regulation 2005
sch 1 pt 1.7om LA s 89 (3)
Road Transport (Public Passenger Services) Act 2001
sch 1 pt 1.8om LA s 89 (3)
Road Transport (Safety and Traffic Management) Act 1999
sch 1 pt 1.9om LA s 89 (3)
Road Transport (Safety and Traffic Management) Regulation 2000
sch 1 pt 1.10 om LA s 89 (3)
Road Transport (Third-Party Insurance) Act 2008
sch 1 pt 1.11om LA s 89 (3)
Road Transport (Vehicle Registration) Act 1999
sch 1 pt 1.12om LA s 89 (3)
Road Transport (Vehicle Registration) Regulation 2000
sch 1 pt 1.13om LA s 89 (3)
Dictionary
dictam A2010‑18 amdt 3.68, amdt 3.69; A2013‑19 amdt 3.424, A2013‑39 amdt 2.57 (A2013‑39 never effective (see Commonwealth v Australian Capital Territory [2013] HCA 55))
def another jurisdiction om A2010‑18 amdt 3.70
def authority om A2010‑18 amdt 3.71
def combination om A2010‑18 amdt 3.72
def jurisdiction om A2010‑18 amdt 3.73
def motor vehicle om A2010‑18 amdt 3.73
def road transport legislation om A2010‑18 amdt 3.73
def use om A2010‑18 amdt 3.73
def vehicle om A2013‑19 amdt 3.425
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
3 Mar 20103 Mar 2010–
2 June 2010not amended new Act R2
3 June 20103 June 2010–
30 June 2010A2010‑18 amendments by A2010‑18 R3*
1 July 20101 July 2010–
30 June 2011A2010‑18 amendments by A2010‑13 R4
1 July 20111 July 2011–
3 Mar 2012A2011‑22 amendments by A2011‑22 R5
4 Mar 20124 Mar 2012–
14 Nov 2012A2011‑22 expiry of transitional provisions (ch 6) R6
15 Nov 201215 Nov 2012–
13 June 2013A2012‑16 amendments by A2012‑16 R7
14 June 201314 June 2013–
6 Nov 2013A2013‑19 amendments by A2013‑19 R8
7 Nov 2013never effective A2013‑39 (never effective) amendments by A2013‑39 R8 (RI)
24 Feb 20147 Nov 2013–
9 Feb 2014A2013‑39 (never effective) reissue because of High Court decision in relation to A2013-39 R9
10 Feb 2014never effective A2013‑52 removed from LR because of High Court decision in relation to A2013‑39
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
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