Road Transport (Offences) Amendment Regulation 2016 (No 1) (ACT)
Case
Road Transport (Offences) Amendment Regulation 2016 (No 1)
Subordinate Law SL2016-1
The Australian Capital Territory Executive makes the following regulation under the Road Transport (General) Act 1999.
Dated 4 February 2016.
Shane Rattenbury
Minister
Meegan Fitzharris
Minister
Road Transport (Offences) Amendment Regulation 2016 (No 1)
Subordinate Law SL2016-1
made under the
Road Transport (General) Act 1999
Name of regulation
This regulation is the Road Transport (Offences) Amendment Regulation 2016 (No 1).
Commencement
This regulation commences on the later of—
(a)6 February 2016; and
(b)the day after its notification day.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Legislation amended
This regulation amends the Road Transport (Offences) Regulation 2005.
Schedule 1, parts 1.2A and 1.2B
substitute
Part 1.2AHeavy Vehicle National Law (ACT)
| column 1 item | column 2 offence provision and, if relevant, case | column 3 short description | column 4 offence penalty ($) | column 5 infringement penalty ($) | column 6 demerit points |
| 1 | 60 (1) | ||||
| 1.1 | · if heavy vehicle standard relates to speed limiter | use of heavy vehicle that contravenes heavy vehicle standard relating to speed limiter | 6 300 | 630 | |
| 1.2 | · in any other case | use of heavy vehicle that contravenes heavy vehicle standard not relating to speed limiter | 3 150 | 315 | |
| 2 | 79 (2) | not return as required amended/cancelled vehicle standards exemption (permit) | 4 200 | 420 | |
| 3 | 80 (1) | not apply as required for replacement for defaced/destroyed/lost/stolen permit for vehicle standards exemption (permit) | 4 200 | ||
| 4 | 81 (1) | contravene condition of vehicle standards exemption | 4 200 | 420 | |
| 5 | 81 (2) | use/permit to be used/heavy vehicle that contravenes condition of vehicle standards exemption | 4 200 | 420 | |
| 6 | 81 (3) | use/permit to be used/heavy vehicle in way that contravenes condition of vehicle standards exemption | 4 200 | 420 | |
| 7 | 82 (2) | driver of heavy vehicle fail to comply with condition of vehicle standards exemption (notice) that must keep relevant document in driver’s possession | 3 150 | 315 | |
| 8 | 82 (3) | each relevant party for driver of heavy vehicle commits offence if driver commits offence against s 82 (2) | 3 150 | 315 | |
| 9 | 83 (1) | driver of heavy vehicle not keep copy of permit for vehicle standards exemption (permit) in driver’s possession | 3 150 | 315 | |
| 10 | 83 (2) | driver of heavy vehicle not return copy of permit for vehicle standards exemption (permit) to relevant party for driver on stopping working for relevant party | 3 150 | 315 | |
| 11 | 83 (3) | each relevant party for driver of heavy vehicle commits offence if driver commits offence against s 83 (1) | 3 150 | 315 | |
| 12 | 85 (1) | unapproved modification of heavy vehicle | 3 150 | 315 | |
| 13 | 85 (2) | use/permit to be used unapproved modified heavy vehicle | 3 150 | 315 | |
| 14 | 86 (2) | approved vehicle examiner who approves modification of heavy vehicle not give certificate approving modification as required and not ensure complying plate/label fitted/affixed to vehicle | 3 150 | 315 | |
| 15 | 87A (1) | tamper with plate/label fitted/affixed to heavy vehicle | 3 150 | 315 | |
| 16 | 89 (1) | use/permit to be used unsafe heavy vehicle | 6 300 | 630 | |
| 17 | 90 (1) | use/permit to be used heavy vehicle not fitted with emission control system if required by heavy vehicle standard | 3 150 | 315 | |
| 18 | 90 (2) | use/permit to be used heavy vehicle fitted with emission control system not operating as designed | 3 150 | 315 | |
| 19 | 90 (3) | use/permit to be used heavy vehicle fitted with emission control system and operate system in way causes non-compliance with heavy vehicle standard | 3 150 | 315 | |
| 20 | 91 (1) | tamper with emission control system fitted to heavy vehicle | 10 490 | ||
| 21 | 91 (2) | operator of heavy vehicle use/permit to be used vehicle fitted with tampered emission control system | 10 490 | ||
| 22 | 92 (2) | use/permit to be used incorrect warning sign on heavy vehicle | 3 150 | 315 | |
| 23 | 93 (1) | tamper with speed limiter fitted to heavy vehicle | 10 490 | ||
| 24 | 93 (2) | fit tampered speed limiter to heavy vehicle | 10 490 | ||
| 25 | 93 (3) | operator of heavy vehicle use vehicle fitted with tampered speed limiter | 10 490 | ||
| 26 | 96 (1) | ||||
| 26.1 | · minor risk breach | drive heavy vehicle if vehicle (with load) not comply with mass requirements applying to vehicle—minor risk breach | 4 200 | 420 | |
| 26.2 | · substantial risk breach | drive heavy vehicle if vehicle (with load) not comply with mass requirements applying to vehicle—substantial risk breach | 6 300 | 630 | |
| 26.3 | · severe risk breach | drive heavy vehicle if vehicle (with load) not comply with mass requirements applying to vehicle—severe risk breach | 10 490-31 490 | ||
| 27 | 102 (1) | ||||
| 27.1 | · heavy vehicle not have goods or passengers | drive heavy vehicle if vehicle (with load) not comply with dimension requirements applying to vehicle without goods or passengers | 3 150 | 315 | |
| 27.2 | · heavy vehicle has goods or passengers and minor risk breach | drive heavy vehicle if vehicle (with load) not comply with dimension requirements applying to vehicle with goods or passengers—minor risk breach | 3 150 | 315 | |
| 27.3 | · heavy vehicle has goods or passengers and substantial risk breach | drive heavy vehicle if vehicle (with load) not comply with dimension requirements applying to vehicle with goods or passengers—substantial risk breach | 5 250 | 525 | |
| 27.4 | · heavy vehicle has goods or passengers and severe risk breach | drive heavy vehicle if vehicle (with load) not comply with dimension requirements applying to vehicle with goods or passengers—severe risk breach | 10 490 | ||
| 28 | 109 (2) | use heavy vehicle with stated projecting load without warning signal fixed to back of load | 3 150 | 315 | |
| 29 | 111 (1) | ||||
| 29.1 | · minor risk breach | drive heavy vehicle if vehicle not comply with loading requirements—minor risk breach | 3 150 | 315 | |
| 29.2 | · substantial risk breach | drive heavy vehicle if vehicle not comply with loading requirements—substantial risk breach | 5 250 | 525 | |
| 29.3 | · severe risk breach | drive heavy vehicle if vehicle not comply with loading requirements—severe risk breach | 10 490 | ||
| 30 | 129 (1) | driver/operator of heavy vehicle contravene condition of mass or dimension exemption | 6 300 | 630 | |
| 31 | 129 (2) | use/permit to be used heavy vehicle that contravenes condition of mass or dimension exemption | 6 300 | 630 | |
| 32 | 129 (3) | use heavy vehicle in way that contravenes condition of mass or dimension exemption | 6 300 | 630 | |
| 33 | 130 (2) | driver of pilot/escort vehicle accompanying heavy vehicle not comply with conditions of mass or dimension exemption about use of pilot/escort vehicle | 6 300 | 630 | |
| 34 | 130 (3) | operator of heavy vehicle commits offence if driver of pilot/escort vehicle commits offence against s 130 (2) | 6 300 | 630 | |
| 35 | 131 (1) | driver of pilot vehicle accompanies heavy vehicle that contravenes condition of mass or dimension exemption | 6 300 | 630 | |
| 36 | 132 (2) | driver of class 1/class 3 heavy vehicle fail to comply with condition of mass or dimension exemption (notice) that must keep relevant document in driver’s possession | 3 150 | 315 | |
| 37 | 132 (3) | each relevant party for driver of class 1/class 3 heavy vehicle commits offence if driver commits offence against s 132 (2) | 3 150 | 315 | |
| 38 | 133 (1) | driver of class 1/class 3 heavy vehicle not keep copy of permit for mass or dimension exemption (permit) in driver’s possession | 3 150 | 315 | |
| 39 | 133 (2) | driver of class 1/class 3 heavy vehicle not return copy of permit for mass or dimension exemption (permit) to relevant party for driver on stopping working for relevant party | 4 200 | 420 | |
| 40 | 133 (3) | each relevant party for driver of class 1/class 3 heavy vehicle commits offence if driver commits offence against s 133 (1) | 3 150 | 315 | |
| 41 | 134 (1) | display heavy vehicle warning sign on heavy vehicle not under dimension exemption | 3 150 | 315 | |
| 42 | 134 (2) | display pilot vehicle warning sign on pilot vehicle not being used as pilot vehicle for heavy vehicle used under dimension exemption | 3 150 | 315 | |
| 43 | 137 | not use class 2 heavy vehicle in accordance with class 2 heavy vehicle authorisation | 6 300 | 630 | |
| 44 | 150 (1) | driver/operator of class 2 heavy vehicle contravene condition of class 2 heavy vehicle authorisation | 6 300 | 630 | |
| 45 | 151 (2) | driver of class 2 heavy vehicle not comply with condition of class 2 heavy vehicle authorisation (notice) that must keep relevant document in driver’s possession | 3 150 | 315 | |
| 46 | 151 (3) | each relevant party for driver of class 2 heavy vehicle commits offence if driver commits offence against s 151 (2) | 3 150 | 315 | |
| 47 | 152 (1) | driver of class 2 heavy vehicle not keep copy of class 2 heavy vehicle authorisation (permit) in driver’s possession | 3 150 | 315 | |
| 48 | 152 (2) | driver of class 2 heavy vehicle not return copy of permit for class 2 heavy vehicle authorisation (permit) to relevant party for driver on stopping working for relevant party | 4 200 | 420 | |
| 49 | 152 (3) | each relevant party for driver of class 2 heavy vehicle commits offence if driver commits offence against s 152 (1) | 3 150 | 315 | |
| 50 | 153 (1) | driver of class 2 PBS heavy vehicle not keep copy of PBS vehicle approval in driver’s possession | 3 150 | 315 | |
| 51 | 153 (2) | each relevant party for driver of class 2 PBS heavy vehicle commits offence if driver commits offence against s 153 (1) | 3 150 | 315 | |
| 52 | 153A (1) | use/permit to be used restricted access vehicle on road not allowed under mass or dimension authority | 6 300 | 630 | |
| 53 | 181 (3) | not return as required amended/cancelled mass or dimension authority permit | 4 200 | 420 | |
| 54 | 182 (1) | not apply as required for replacement for defaced/destroyed/lost/stolen mass or dimension authority permit | 4 200 | ||
| 55 | 183 (2) | ||||
| 55.1 | by contravening: · 96—mass requirements: minor risk breach | employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 96—minor risk breach | 4 200 | 420 | |
| 55.2 | by contravening: · 96—mass requirements: substantial risk breach | employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 96—substantial risk breach | 6 300 | 630 | |
| 55.3 | by contravening: · 96—mass requirements: severe risk breach | employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 96—severe risk breach | 10 490-31 490 | ||
| 55.4 | by contravening: · 102—dimension requirements: heavy vehicle without goods or passengers | employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 102—applying to vehicle without goods or passengers | 3 150 | 315 | |
| 55.5 | by contravening: · 102—dimension requirements: minor risk breach | employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 102—minor risk breach | 3 150 | 315 | |
| 55.6 | by contravening: · 102—dimension requirements: substantial risk breach | employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 102—substantial risk breach | 5 250 | 525 | |
| 55.7 | by contravening: · 102—dimension requirements: severe risk breach | employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 102—severe risk breach | 10 490 | ||
| 55.8 | by contravening: · 111—loading requirements: minor risk breach | employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 111—minor risk breach | 3 150 | 315 | |
| 55.9 | by contravening: · 111—loading requirements: substantial risk breach | employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 111—substantial risk breach | 5 250 | 525 | |
| 55.10 | by contravening: · 111—loading requirements: severe risk breach | employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 111—severe risk breach | 10 490 | ||
| 56 | 184 (1) | drive heavy vehicle towing more than 1 other vehicle | 3 150 | 315 | |
| 57 | 185 (1) | use heavy combination with trailer in combination not securely coupled to vehicle in front | 6 300 | 630 | |
| 58 | 185 (2) | use heavy combination with components of coupling not compatible/properly connected | 6 300 | 630 | |
| 59 | 186 (2) | each consignor of goods commits offence if false/misleading transport documentation for mass, dimension or loading of goods | 10 490 | ||
| 60 | 186 (3) | each packer of goods commits offence if goods packed for road transport and if false/misleading transport documentation for mass, dimension or loading of goods | 10 490 | ||
| 61 | 186 (4) | each loading manager/loader of goods commits offence if goods loaded for road transport and if false/misleading transport documentation for mass, dimension or loading of goods | 10 490 | ||
| 62 | 186 (5) | each receiver of goods commits offence if goods packed for road transport and if false/misleading transport documentation for mass, dimension or loading of goods | 10 490 | ||
| 63 | 187 (2) | responsible entity for freight container gives container to operator of heavy vehicle with false/misleading container weight declaration | 10 490 | ||
| 64 | 187 (3) | operator of heavy vehicle commits offence if freight container to be transported and false/misleading container weight declaration | 10 490 | ||
| 65 | 190 (1) | responsible entity permits operator/driver of heavy vehicle to transport freight container without complying container weight declaration | 6 300 | 630 | |
| 66 | 191 (1) | operator permits driver of heavy vehicle to transport freight container without complying container weight declaration | 6 300 | 630 | |
| 67 | 191 (3) | operator of heavy vehicle gives freight container to carrier without complying container weight declaration or prescribed particulars in complying container weight declaration | 6 300 | 630 | |
| 68 | 192 (1) | drive heavy vehicle with freight container without complying container weight declaration | 6 300 | 630 | |
| 69 | 192 (2) | driver of heavy vehicle not keep as required complying container weight declaration while transporting freight container | 3 150 | 315 | |
| 70 | 193 (2) | each consignor/packer commits offence if weight of freight container exceeds maximum gross weight marked on container/container’s safety approval plate | 10 490 | ||
| 71 | 194 (1) | consignee of goods by act or omission induces or rewards contravention of mass, dimension or loading requirement | 10 490 | ||
| 72 | 488 | authorised officer not return identity card as required | 4 200 | 420 | |
| 73 | 513 (4) | driver of heavy vehicle fail to comply with authorised officer’s direction to stop | 6 300 | 630 | |
| 74 | 514 (3) | driver of heavy vehicle fail to comply with authorised officer’s direction not to move vehicle/interfere with vehicle or equipment/interfere with vehicle load | 6 300 | 630 | |
| 75 | 516 (3) | driver/operator of heavy vehicle fail to comply with authorised officer’s direction to move stationary/stopped vehicle | 6 300 | 630 | |
| 76 | 517 (4) | driver/operator of heavy vehicle fail to comply with authorised officer’s direction to move vehicle/or do anything else to avoid harm/obstruction | 6 300 | 630 | |
| 77 | 522 (5) | person in charge/registered operator/owner of heavy vehicle not produce vehicle for inspection as required by authorised officer’s notice | 6 300 | 630 | |
| 78 | 524 (5) | ||||
| 78.1 | · direction under 524 (2) | driver of heavy vehicle fail to comply with authorised officer’s direction to vacate/not occupy driver’s seat or leave/not enter vehicle | 6 300 | 630 | |
| 78.2 | · direction under 524 (3) | person accompanying driver fail to comply with authorised officer’s direction to leave/ not enter vehicle | 6 300 | 630 | |
| 79 | 526 (4) | driver of heavy vehicle not give defect notice to operator as required | 3 150 | 315 | |
| 80 | 528 (3) | remove/deface defective vehicle label attached to heavy vehicle | 3 150 | 315 | |
| 81 | 529 | ||||
| 81.1 | · minor defect | use/permit to be used heavy vehicle in contravention of vehicle defect notice—minor defect | 6 300 | 630 | 1 (NS) |
| 81.2 | · major defect | use/permit to be used heavy vehicle in contravention of vehicle defect notice—major defect | 6 300 | 630 | 3 (NS) |
| 82 | 531 (4) | person given notice of amendment/withdrawal fail to give notice to operator | 3 150 | 315 | |
| 83 | 533 (7) | driver/operator of heavy vehicle fail to comply with authorised officer’s direction in relation to stated minor risk breach of mass, dimension or loading requirements | 10 490 | 1 049 | |
| 84 | 534 (5) | driver/operator of heavy vehicle fail to comply with authorised officer’s direction in relation to stated substantial risk breach of mass, dimension or loading requirements | 10 490 | 1 049 | |
| 85 | 535 (5) | driver/operator of heavy vehicle fail to comply with authorised officer’s direction in relation to stated severe risk breach of mass, dimension or loading requirements | 10 490 | ||
| 86 | 553 (3) | fail to comply with authorised officer’s requirement to enable seizure of thing | 10 490 | ||
| 87 | 558 (1) | fail to comply with embargo notice | 10 490 | ||
| 88 | 558 (3) | not take reasonable steps to stop someone else from contravening embargo notice | 10 490 | ||
| 89 | 559 (3) | fail to comply with authorised officer’s requirement to seal/restrict access to/make inoperable embargoed thing | 10 490 | ||
| 90 | 559 (4) | tamper with restricted access/embargoed thing without authorised officer’s approval | 10 490 | ||
| 91 | 559 (5) | enter restricted place/tamper with anything used to restrict access to place without authorised officer’s approval | 10 490 | ||
| 92 | 567 (4) | not state/give evidence of name/address/date of birth when required by authorised officer | 3 150 | 315 | |
| 93 | 567A | driver of heavy vehicle not give licence when required by authorised officer | 20pu | 159 | |
| 94 | 567B | responsible person/possessor not give particulars of driver/written signed statement required by authorised officer | 20pu | 236 | |
| 95 | 568 (3) | driver of heavy vehicle not give document/device/other thing when required by authorised officer | an amount equal to amount of maximum penalty for offence of failing to keep document/ device/other thing in driver’s possession | an amount equal to 10% of amount of maximum penalty for offence of failing to keep document/ device/other thing in driver’s possession | |
| 96 | 568 (7) | driver of heavy vehicle not certify copy or entry in document when required by authorised officer | 3 150 | 315 | |
| 97 | 569 (2) | responsible person for heavy vehicle not make available or produce stated document for inspection when required by authorised officer | 6 300 | 630 | |
| 98 | 569 (7) | person responsible for keeping document not certify copy or entry in document when required by authorised officer | 3 150 | 315 | |
| 99 | 570 (3) | responsible person for heavy vehicle fail to comply with authorised officer’s requirement to give stated information/details to officer | 6 300 | ||
| 100 | 573 (1) | fail to comply with improvement notice | 10 490 | ||
| 101 | 577 (4) | occupier or person at place/driver of heavy vehicle fail to comply with authorised officer’s requirement to give officer reasonable help | 10 490 | ||
| 102 | 584 (1) | obstruct authorised officer/helper/assistant exercising power | 10 490 | ||
| 103 | 585 | impersonate authorised officer | 10 490 | ||
| 104 | 604 | fail to comply with supervisory intervention order | 10 490 | ||
| 105 | 610 | fail to comply with prohibition order | 10 490 | ||
| 106 | 636 (1) | executive officer of corporation knowingly authorise/permit offence by corporation | penalty for contravention of provision by individual | ||
| 107 | 636 (2) | executive officer of corporation know/ought reasonably to know of offence/substantial risk of offence by corporation | penalty for contravention of provision by individual | ||
| 108 | 637 (4) | partner knowingly authorise/permit offence/substantial risk of offence | penalty for contravention of provision by individual | ||
| 109 | 637 (5) | partner know/ought reasonably to know of offence/substantial risk of offence | penalty for contravention of provision by individual | ||
| 110 | 638 (4) | management member of unincorporated body knowingly authorise/permit offence | penalty for contravention of provision by individual | ||
| 111 | 638 (5) | management member of unincorporated body know/ought reasonably to know of offence/substantial risk of offence | penalty for contravention of provision by individual | ||
| 112 | 697 (3) | make improper use of position/information because of exercise of functions under Heavy Vehicle National Law (ACT) | 10 490 | ||
| 113 | 699 (1) | employer dismisses/prejudices employee for giving information/making complaint about contravention of Heavy Vehicle National Law (ACT) | 10 490 | ||
| 114 | 699 (2) | employer not offer employment/treat prospective employee less favourably for giving information/making complaint about contravention of Heavy Vehicle National Law (ACT) | 10 490 | ||
| 115 | 700 (4) | employer not comply with court order for reinstatement of employee or employment of prospective employee | 10 490 | ||
| 116 | 701 (1) | knowingly make false/misleading statement to official | 10 490 | ||
| 117 | 701 (2) | recklessly make false/misleading statement to official | 8 400 | ||
| 118 | 702 (1) | knowingly give official document containing false/misleading information | 10 490 | ||
| 119 | 702 (3) | recklessly give official document containing false/misleading information | 8 400 | ||
| 120 | 703 (1) | responsible person for heavy vehicle knowingly gives another responsible person false/misleading information | 10 490 | ||
| 121 | 703 (2) | responsible person for heavy vehicle recklessly gives another responsible person false/misleading information | 8 400 | ||
| 122 | 704 (1) | falsely represent heavy vehicle authority granted/operating under heavy vehicle authority | 10 490 | ||
| 123 | 704 (2) | represent operating under heavy vehicle authority no longer in force | 10 490 | ||
| 124 | 704 (3) | possess document that falsely purports to be accreditation certificate etc | 10 490 | ||
| 125 | 728 (1) | disclose protected information | 21 000 | ||
| 126 | 728A (1) | disclose electronic work diary information | 21 000 | ||
| 127 | 729 (1) | use protected information other than for authorised use | 21 000 | ||
| 128 | 729 (3) | use disclosed protected information other than for authorised use | 21 000 | ||
| 129 | 729A (1) | use electronic work diary protected information other than for authorised use | 21 000 | ||
| 130 | 729A (2) | use disclosed electronic work diary protected information other than for authorised use | 21 000 |
Part 1.2BHeavy Vehicle (Mass, Dimension and Loading) National Regulation
| column 1 item | column 2 offence provision and, if relevant, case | column 3 short description | column 4 offence penalty ($) | column 5 infringement penalty ($) | column 6 demerit points |
| 1 | 11 (1) | drive CML heavy vehicle under concessional mass limit without relevant accreditation label maintained as required | 3 150 | 315 | |
| 2 | 16 (2) | use/permit to be used/HML heavy vehicle in area/on route in contravention of condition of HML declaration | 3 150 | 315 | |
| 3 | 28 | driver/operator of HML heavy vehicle contravene condition of HML permit | 3 150 | 315 | |
| 4 | 34 (2) | not return amended/cancelled HML permit as required | 4 000 | 400 | |
| 5 | 35 (1) | not apply for replacement for defaced/destroyed/lost/stolen HML permit as required | 4 000 | ||
| 6 | 36 (2) | drive HML heavy vehicle under higher mass limit without relevant accreditation maintained as required | 3 150 | 315 |
Endnotes
Notification
Notified under the Legislation Act on 4 February 2016.
Republications of amended laws
For the latest republication of amended laws, see align="center">© Australian Capital Territory 2016
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