Road Transport (Offences) Amendment Regulation 2020 (No 2) (ACT)
Case
Road Transport (Offences) Amendment Regulation 2020 (No 2)
Subordinate Law SL2020-22
The Australian Capital Territory Executive makes the following regulation under the Road Transport (General) Act 1999.
Dated 24 June 2020.
Shane Rattenbury
Minister
Gordon Ramsay
Minister
Road Transport (Offences) Amendment Regulation 2020 (No 2)
Subordinate Law SL2020-22
made under the
Road Transport (General) Act 1999
Name of regulation
This regulation is the Road Transport (Offences) Amendment Regulation 2020 (No 2).
Commencement
This regulation commences on 1 July 2020.
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 to 1.2C
substitute
Part 1.2AHeavy Vehicle National Law (ACT)
NoteOffence penalties (other than penalties for s 567A and s 567B) are set under the Heavy Vehicle National Law (ACT), s 737 and the Heavy Vehicle (General) National Regulation (NSW), s 70. A summary of the penalties may be found on the National Heavy Vehicle Regulator website.
| column 1 item | column 2 offence provision and, if relevant, case | column 3 short description | column 4 offence penalty (see pt 1.2A, note) | column 5 infringement penalty ($) | column 6 demerit points |
| 1 | 25A (1) | keeping copy of PBS vehicle approval while driving | 341 | ||
| 2 | 25A (2) | keeping copy of PBS vehicle approval while driving | 341 | ||
| 3 | 26D (1) | duty of executive of legal entity | |||
| 4 | 26E (1) | prohibited requests and contracts | |||
| 5 | 26E (2) | prohibited requests and contracts | |||
| 6 | 26F (1) | category 1 offence | |||
| 7 | 26G | category 2 offence | |||
| 8 | 26H | category 3 offence | |||
| 9 | 60 (1) | ||||
| 9.1 | · heavy vehicle standard does not relate to speed limiter | compliance with heavy vehicle standards | 341 | ||
| 9.2 | · heavy vehicle standard relates to speed limiter | compliance with heavy vehicle standards—speed limiter | 685 | ||
| 10 | 79 (2) | return of permit | 454 | ||
| 11 | 80 (1) | replacement of defaced etc permit | |||
| 12 | 81 (1) | contravening condition of vehicle standards exemption | 454 | ||
| 13 | 81 (2) | contravening condition of vehicle standards exemption | 454 | ||
| 14 | 81 (3) | contravening condition of vehicle standards exemption | 454 | ||
| 15 | 82 (2) | keeping relevant document while driving under vehicle standards exemption (notice) | 341 | ||
| 16 | 82 (3) | keeping relevant document while driving under vehicle standards exemption (notice) | 341 | ||
| 17 | 83 (1) | keeping copy of permit while driving under vehicle standards exemption (permit) | 341 | ||
| 18 | 83 (2) | keeping copy of permit while driving under vehicle standards exemption (permit) | 341 | ||
| 19 | 83 (3) | keeping copy of permit while driving under vehicle standards exemption (permit) | 341 | ||
| 20 | 85 (1) | modifying heavy vehicle requires approval | 341 | ||
| 21 | 85 (2) | modifying heavy vehicle requires approval | 341 | ||
| 22 | 86 (2) | approval of modifications by approved vehicle examiners | 341 | ||
| 23 | 87A (1) | person must not tamper with plate or label | 341 | ||
| 24 | 89 (1) | safety requirement | 685 | ||
| 25 | 90 (1) | requirement about properly operating emission control system | 341 | ||
| 26 | 90 (2) | requirement about properly operating emission control system | 341 | ||
| 27 | 90 (3) | requirement about properly operating emission control system | 341 | ||
| 28 | 91 (1) | person must not tamper with emission control system fitted to heavy vehicle | |||
| 29 | 91 (2) | person must not tamper with emission control system fitted to heavy vehicle | |||
| 30 | 92 (2) | display of warning signs required by heavy vehicle standards on vehicles to which the requirement does not apply | 341 | ||
| 31 | 93 (1) | person must not tamper with speed limiter fitted to heavy vehicle | |||
| 32 | 93 (2) | person must not tamper with speed limiter fitted to heavy vehicle | |||
| 33 | 93 (3) | person must not tamper with speed limiter fitted to heavy vehicle | |||
| 34 | 96 (1) | ||||
| 34.1 | · minor risk breach | compliance with mass requirements—minor risk breach | 454 | ||
| 34.2 | · substantial risk breach | compliance with mass requirements—substantial risk breach | 685 | ||
| 34.3 | · severe risk breach | compliance with mass requirements—severe risk breach | |||
| 35 | 102 (1) | ||||
| 35.1 | · heavy vehicle without goods or passengers | compliance with dimension requirements | 341 | ||
| 35.2 | · heavy vehicle with goods or passengers—minor risk breach | compliance with dimension requirements—minor risk breach | 341 | ||
| 35.3 | · heavy vehicle with goods or passengers—substantial risk breach | compliance with dimension requirements—substantial risk breach | 571 | ||
| 35.4 | · heavy vehicle with goods or passengers—severe risk breach | compliance with dimension requirements—severe risk breach | |||
| 36 | 109 (2) | warning signals required for rear projection of loads | 341 | ||
| 37 | 111 (1) | ||||
| 37.1 | · minor risk breach | compliance with loading requirements—minor risk breach | 341 | ||
| 37.2 | · substantial risk breach | compliance with loading requirements—substantial risk breach | 571 | ||
| 37.3 | · severe risk breach | compliance with loading requirements—severe risk breach | |||
| 38 | 129 (1) | contravening condition of mass or dimension exemption generally | 685 | ||
| 39 | 129 (2) | contravening condition of mass or dimension exemption generally | 685 | ||
| 40 | 129 (3) | contravening condition of mass or dimension exemption generally | 685 | ||
| 41 | 130 (2) | contravening condition of mass or dimension exemption relating to pilot or escort vehicle | 685 | ||
| 42 | 130 (3) | contravening condition of mass or dimension exemption relating to pilot or escort vehicle | |||
| 43 | 131 (1) | using pilot vehicle with a heavy vehicle that contravenes certain conditions of mass or dimension exemption | 685 | ||
| 44 | 132 (2) | keeping relevant document while driving under mass or dimension exemption (notice) | 341 | ||
| 45 | 132 (3) | keeping relevant document while driving under mass or dimension exemption (notice) | 341 | ||
| 46 | 133 (1) | keeping copy of permit while driving under mass or dimension exemption (permit) | 341 | ||
| 47 | 133 (2) | keeping copy of permit while driving under mass or dimension exemption (permit) | 454 | ||
| 48 | 133 (3) | keeping copy of permit while driving under mass or dimension exemption (permit) | 341 | ||
| 49 | 134 (1) | displaying warning signs on vehicles if not required by dimension exemption | 341 | ||
| 50 | 134 (2) | displaying warning signs on vehicles if not required by dimension exemption | 341 | ||
| 51 | 137 | using class 2 heavy vehicle | 685 | ||
| 52 | 150 (1) | contravening condition of class 2 heavy vehicle authorisation | 685 | ||
| 53 | 151 (2) | keeping relevant document while driving under class 2 heavy vehicle authorisation (notice) | 341 | ||
| 54 | 151 (3) | keeping relevant document while driving under class 2 heavy vehicle authorisation (notice) | 341 | ||
| 55 | 152 (1) | keeping copy of permit while driving under class 2 heavy vehicle authorisation (permit) | 341 | ||
| 56 | 152 (2) | keeping copy of permit while driving under class 2 heavy vehicle authorisation (permit) | 454 | ||
| 57 | 152 (3) | keeping copy of permit while driving under class 2 heavy vehicle authorisation (permit) | 341 | ||
| 58 | 153A (1) | using restricted access vehicle | 685 | ||
| 59 | 181 (3) | return of permit | 454 | ||
| 60 | 182 (1) | replacement of defaced etc permit | |||
| 61 | 184 (1) | towing restriction | 341 | ||
| 62 | 185 (1) | requirements about coupling trailers | 685 | ||
| 63 | 185 (2) | requirements about coupling trailers | 685 | ||
| 64 | 186 (2) | false or misleading transport documentation for goods | |||
| 65 | 186 (3) | false or misleading transport documentation for goods | |||
| 66 | 186 (4) | false or misleading transport documentation for goods | |||
| 67 | 186 (5) | false or misleading transport documentation for goods | |||
| 68 | 187 (2) | false or misleading information in container weight declaration | |||
| 69 | 187 (3) | false or misleading information in container weight declaration | |||
| 70 | 190 (1) | duty of responsible entity | 685 | ||
| 71 | 191 (1) | duty of operator | 685 | ||
| 72 | 191 (3) | duty of operator | 685 | ||
| 73 | 192 (1) | duty of driver | 685 | ||
| 74 | 192 (2) | duty of driver | 341 | ||
| 75 | 193 (2) | weight of freight container exceeding weight stated on container or safety approval plate | |||
| 76 | 228 (1) | duty of driver to avoid driving while fatigued | 3 (NS) | ||
| 77 | 250 (1) | ||||
| 77.1 | · minor risk breach | operating under standard hours—solo drivers—minor risk breach | 454 | ||
| 77.2 | · substantial risk breach | operating under standard hours—solo drivers—substantial risk breach | 685 | ||
| 77.3 | · severe risk breach | operating under standard hours—solo drivers—severe risk breach | 1 139 | 3 (NS) | |
| 77.4 | · critical risk breach | operating under standard hours—solo drivers—critical risk breach | 4 (NS) | ||
| 78 | 251 (1) | ||||
| 78.1 | · minor risk breach | operating under standard hours—two-up drivers—minor risk breach | 454 | ||
| 78.2 | · substantial risk breach | operating under standard hours—two-up drivers—substantial risk breach | 685 | ||
| 78.3 | · severe risk breach | operating under standard hours—two-up drivers—severe risk breach | 1 139 | 3 (NS) | |
| 78.4 | · critical risk breach | operating under standard hours—two-up drivers—critical risk breach | 4 (NS) | ||
| 79 | 254 (1) | ||||
| 79.1 | · minor risk breach | operating under BFM hours—solo drivers—minor risk breach | 454 | ||
| 79.2 | · substantial risk breach | operating under BFM hours—solo drivers—substantial risk breach | 685 | ||
| 79.3 | · severe risk breach | operating under BFM hours—solo drivers—severe risk breach | 1 139 | 3 (NS) | |
| 79.4 | · critical risk breach | operating under BFM hours—solo drivers—critical risk breach | 4 (NS) | ||
| 80 | 256 (1) | ||||
| 80.1 | · minor risk breach | operating under BFM hours—two-up drivers—minor risk breach | 454 | ||
| 80.2 | · substantial risk breach | operating under BFM hours—two-up drivers—substantial risk breach | 685 | ||
| 80.3 | · severe risk breach | operating under BFM hours—two-up drivers—severe risk breach | 1 139 | 3 (NS) | |
| 80.4 | · critical risk breach | operating under BFM hours—two-up drivers—critical risk breach | 4 (NS) | ||
| 81 | 258 (1) | ||||
| 81.1 | · minor risk breach | operating under AFM hours—minor risk breach | 454 | ||
| 81.2 | · substantial risk breach | operating under AFM hours—substantial risk breach | 685 | ||
| 81.3 | · severe risk breach | operating under AFM hours—severe risk breach | 3 (NS) | ||
| 81.4 | · critical risk breach | operating under AFM hours—critical risk breach | 4 (NS) | ||
| 82 | 260 (1) | ||||
| 82.1 | · minor risk breach | operating under exemption hours—minor risk breach | 454 | ||
| 82.2 | · substantial risk breach | operating under exemption hours—substantial risk breach | 685 | ||
| 82.3 | · severe risk breach | operating under exemption hours—severe risk breach | 3 (NS) | ||
| 82.4 | · critical risk breach | operating under exemption hours—critical risk breach | 4 (NS) | ||
| 83 | 263 (1) | operating under new work and rest hours option after change | 454 | ||
| 84 | 264 (2) | duty of employer, prime contractor, operator and scheduler to ensure driver compliance | |||
| 85 | 284 (2) | return of permit | 685 | ||
| 86 | 285 (1) | replacement of defaced etc permit | |||
| 87 | 286 (1) | contravening condition of work and rest hours exemption | 685 | ||
| 88 | 287 (2) | keeping relevant document while operating under work and rest hours exemption (notice) | 341 | ||
| 89 | 287 (3) | keeping relevant document while operating under work and rest hours exemption (notice) | 341 | ||
| 90 | 288 (1) | keeping copy of permit while driving under work and rest hours exemption (permit) | 341 | ||
| 91 | 288 (2) | keeping copy of permit while driving under work and rest hours exemption (permit) | 454 | ||
| 92 | 288 (3) | keeping copy of permit while driving under work and rest hours exemption (permit) | 341 | ||
| 93 | 293 (1) | driver of fatigue-regulated heavy vehicle must carry work diary | 685 | ||
| 94 | 296 (1) | recording information under the national regulations—general | 171 | ||
| 95 | 297 (2) | information required to be recorded immediately after starting work | 685 | ||
| 96 | 298 (1) | failing to record information about odometer reading | 171 | ||
| 97 | 299 | two-up driver to provide details | 341 | ||
| 98 | 301 | recording information in written work diary | 171 | ||
| 99 | 302 | recording information in electronic work diary | 171 | ||
| 100 | 303 | time zone of driver’s base must be used | 171 | ||
| 101 | 305 (1) | driver must make supplementary records in particular circumstances | 685 | ||
| 102 | 305 (2) | driver must make supplementary records in particular circumstances | 341 | ||
| 103 | 305 (3) | driver must make supplementary records in particular circumstances | 171 | ||
| 104 | 306 | driver must notify regulator if written work diary filled up etc | 341 | ||
| 105 | 307 (2) | driver who is record keeper must notify regulator if electronic work diary filled up etc | 341 | ||
| 106 | 307 (3) | driver who is record keeper must notify regulator if electronic work diary filled up etc | 341 | ||
| 107 | 308 (1) | what driver must do if lost or stolen written work diary found or returned | 341 | ||
| 108 | 309 (2) | driver must notify record keeper if electronic work diary filled up etc | 341 | ||
| 109 | 310 (2) | intelligent access program reporting entity must notify record keeper if approved electronic recording system malfunctioning | 685 | ||
| 110 | 311 (2) | what record keeper must do if electronic work diary filled up | |||
| 111 | 312 (2) | what record keeper must do if electronic work diary destroyed, lost or stolen | |||
| 112 | 312 (3) | what record keeper must do if electronic work diary destroyed, lost or stolen | 685 | ||
| 113 | 313 (2) | what record keeper must do if electronic work diary not in working order or malfunctioning | |||
| 114 | 313 (3) | what record keeper must do if electronic work diary not in working order or malfunctioning | |||
| 115 | 314 (2) | how electronic work diary must be used | |||
| 116 | 314 (3) | how electronic work diary must be used | |||
| 117 | 315 (1) | ensuring driver complies with sdivs 1–4 | |||
| 118 | 319 (1) | records record keeper must have | 685 | ||
| 119 | 319A (2) | general requirements about driver recording and giving information to record keeper | 341 | ||
| 120 | 319A (5) | general requirements about driver recording and giving information to record keeper | |||
| 121 | 321 (1) | records record keeper must have | 685 | ||
| 122 | 321 (3) | records record keeper must have | 685 | ||
| 123 | 322 (2) | general requirements about driver giving information to record keeper | 341 | ||
| 124 | 322 (4) | general requirements about driver giving information to record keeper | |||
| 125 | 323 (2) | requirements about driver giving information to record keeper if driver changes record keeper | 341 | ||
| 126 | 323 (3) | requirements about driver giving information to record keeper if driver changes record keeper | |||
| 127 | 324 (2) | record keeper must give information from electronic work diary | 341 | ||
| 128 | 324A (2) | record keeper must give record to driver if requested | 171 | ||
| 129 | 325 (1) | false or misleading entries | |||
| 130 | 326 (1) | when possessing, or recording information in, more than 1 work diary relating to the same period is prohibited | |||
| 131 | 326 (2) | when possessing, or recording information in, more than 1 work diary relating to the same period is prohibited | |||
| 132 | 327 | possession of purported work records etc prohibited | |||
| 133 | 328 | false representation about work records prohibited | |||
| 134 | 329 | defacing or changing work records etc prohibited | |||
| 135 | 330 (1) | making entries in someone else’s work records prohibited | |||
| 136 | 331 | destruction of particular work records prohibited | |||
| 137 | 332 | offence to remove pages from written work diary | |||
| 138 | 335 (1) | person must not tamper with approved electronic recording system | |||
| 139 | 336 (1) | person using approved electronic recording system must not permit tampering with it | |||
| 140 | 336A (1) | reporting tampering or suspected tampering with electronic work diary | |||
| 141 | 337 (2) | intelligent access program reporting entity must not permit tampering with approved electronic recording system | |||
| 142 | 341 (1) | period for which, and way in which, records must be kept | 685 | ||
| 143 | 341 (2) | period for which, and way in which, records must be kept | 685 | ||
| 144 | 341 (3) | period for which, and way in which, records must be kept | 341 | ||
| 145 | 341 (4) | period for which, and way in which, records must be kept | 341 | ||
| 146 | 341 (5) | period for which, and way in which, records must be kept | 685 | ||
| 147 | 341 (7) | period for which, and way in which, records must be kept | 171 | ||
| 148 | 347 | prohibition on using electronic work diary if it is not, and is not a part of, an approved electronic recording system | |||
| 149 | 354 (3) | requirements if approval amended | 685 | ||
| 150 | 354 (5) | requirements if approval amended | 685 | ||
| 151 | 355 (2) | requirements if approval cancelled | 685 | ||
| 152 | 355 (4) | requirements if approval cancelled | 685 | ||
| 153 | 355 (6) | requirements if approval cancelled | 685 | ||
| 154 | 373 (2) | return of permit | 685 | ||
| 155 | 374 (1) | replacement of defaced etc permit | |||
| 156 | 375 | contravening condition of work diary exemption | 685 | ||
| 157 | 376 (2) | keeping relevant document while operating under work diary exemption (notice) | 341 | ||
| 158 | 376 (3) | keeping relevant document while operating under work diary exemption (notice) | 341 | ||
| 159 | 377 | keeping permit or copy while operating under work diary exemption (permit) | 341 | ||
| 160 | 392 (2) | return of permit | 685 | ||
| 161 | 393 (1) | replacement of defaced etc permit | |||
| 162 | 395 | contravening condition of fatigue record keeping exemption | 685 | ||
| 163 | 396 (2) | owner must maintain odometer | 685 | ||
| 164 | 397 (2) | driver must report malfunctioning odometer | |||
| 165 | 398 (2) | what owner must do if odometer malfunctioning | |||
| 166 | 399 (2) | what employer or operator must do if odometer malfunctioning | 685 | ||
| 167 | 404 (1) | offence to give false or misleading information to intelligent access program service provider | |||
| 168 | 404 (4) | offence to give false or misleading information to intelligent access program service provider | |||
| 169 | 405 (1) | advising vehicle driver of collection of information by intelligent access program service provider | |||
| 170 | 406 (1) | reporting system malfunctions to regulator | |||
| 171 | 406 (2) | reporting system malfunctions to regulator | |||
| 172 | 407 (1) | advising driver of driver’s obligations about reporting system malfunctions | |||
| 173 | 408 (1) | reporting system malfunctions to operator | |||
| 174 | 408 (2) | reporting system malfunctions to operator | |||
| 175 | 410 (1) | collecting intelligent access program information | |||
| 176 | 410 (2) | collecting intelligent access program information | |||
| 177 | 411 (1) | keeping records of intelligent access program information collected | |||
| 178 | 412 | protecting intelligent access program information | |||
| 179 | 413 (1) | making individuals aware of personal information held | |||
| 180 | 413 (2) | making individuals aware of personal information held | |||
| 181 | 414 (1) | giving individuals access to their personal information | |||
| 182 | 415 (2) | correcting errors etc | |||
| 183 | 415 (4) | correcting errors etc | |||
| 184 | 416 | general restriction on use and disclosure of intelligent access program information | |||
| 185 | 417 | giving intelligent access program auditor access to records | |||
| 186 | 419 (1) | keeping record of use or disclosure of intelligent access program information | |||
| 187 | 419 (3) | keeping record of use or disclosure of intelligent access program information | |||
| 188 | 420 (2) | keeping noncompliance report etc | |||
| 189 | 421 (1) | destroying intelligent access program information etc | |||
| 190 | 422 (2) | reporting relevant contraventions to regulator | |||
| 191 | 423 (1) | reporting tampering or suspected tampering with approved intelligent transport system | |||
| 192 | 423 (2) | reporting tampering or suspected tampering with approved intelligent transport system | |||
| 193 | 424 (1) | restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system | |||
| 194 | 424 (3) | restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system | |||
| 195 | 424 (4) | restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system | |||
| 196 | 427 (1) | collecting intelligent access program information | |||
| 197 | 427 (2) | collecting intelligent access program information | |||
| 198 | 428 | protecting intelligent access program information collected | |||
| 199 | 429 (1) | making individuals aware of personal information held | |||
| 200 | 429 (2) | making individuals aware of personal information held | |||
| 201 | 430 (1) | giving individuals access to their personal information | |||
| 202 | 431 (2) | correcting errors etc | |||
| 203 | 431 (5) | correcting errors etc | |||
| 204 | 432 | general restriction on use and disclosure of intelligent access program information | |||
| 205 | 434 | restriction about intelligent access program information that may be used or disclosed | |||
| 206 | 435 (1) | keeping record of use or disclosure of intelligent access program information | |||
| 207 | 435 (3) | keeping record of use or disclosure of intelligent access program information | |||
| 208 | 436 | keeping noncompliance reports | |||
| 209 | 437 (1) | destroying intelligent access program information or removing personal information from it | |||
| 210 | 438 (1) | reporting tampering or suspected tampering with, or malfunction or suspected malfunction of, approved intelligent transport system to regulator | |||
| 211 | 439 (1) | restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system | |||
| 212 | 439 (3) | restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system | |||
| 213 | 441 (1) | collecting intelligent access program information | |||
| 214 | 441 (2) | collecting intelligent access program information | |||
| 215 | 442 | protecting intelligent access program information collected | |||
| 216 | 443 (1) | making individuals aware of personal information held | |||
| 217 | 444 (1) | giving individuals access to their personal information | |||
| 218 | 445 (2) | correcting errors etc | |||
| 219 | 445 (4) | correcting errors etc | |||
| 220 | 446 | general restriction on use and disclosure of intelligent access program information | |||
| 221 | 448 | restriction about intelligent access program information that may be used or disclosed | |||
| 222 | 449 (1) | keeping record of use or disclosure of intelligent access program information | |||
| 223 | 449 (2) | keeping record of use or disclosure of intelligent access program information | |||
| 224 | 449 (3) | keeping record of use or disclosure of intelligent access program information | |||
| 225 | 450 (1) | destroying intelligent access program information or removing personal information from it | |||
| 226 | 451 | reporting contraventions by intelligent access program service providers to TCA | |||
| 227 | 452 | reporting tampering or suspected tampering with approved intelligent transport system to regulator or TCA | |||
| 228 | 453 (1) | restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system | |||
| 229 | 453 (2) | restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system | |||
| 230 | 454 (1) | offence to tamper with approved intelligent transport system | |||
| 231 | 454 (2) | offence to tamper with approved intelligent transport system | |||
| 232 | 466 (2A) | accreditation labels for maintenance management accreditation and mass management accreditation | 341 | ||
| 233 | 466 (2B) | accreditation labels for maintenance management accreditation and mass management accreditation | 341 | ||
| 234 | 467 | compliance with conditions of BFM accreditation or AFM accreditation | 685 | ||
| 235 | 468 (1) | driver operating under BFM accreditation or AFM accreditation must carry accreditation details | 341 | ||
| 236 | 468 (3) | driver operating under BFM accreditation or AFM accreditation must carry accreditation details | 341 | ||
| 237 | 469 (2) | driver must return particular documents if stops operating under BFM accreditation or AFM accreditation etc | 454 | ||
| 238 | 470 (2) | general requirements applying to operator with heavy vehicle accreditation | |||
| 239 | 470 (3) | general requirements applying to operator with heavy vehicle accreditation | 685 | ||
| 240 | 470 (4) | general requirements applying to operator with heavy vehicle accreditation | |||
| 241 | 470 (5) | general requirements applying to operator with heavy vehicle accreditation | |||
| 242 | 470 (6) | general requirements applying to operator with heavy vehicle accreditation | |||
| 243 | 470 (8) | general requirements applying to operator with heavy vehicle accreditation | 341 | ||
| 244 | 471 (2) | operator must give notice of amendment, suspension or ending of heavy vehicle accreditation | 685 | ||
| 245 | 471 (3) | operator must give notice of amendment, suspension or ending of heavy vehicle accreditation | 454 | ||
| 246 | 476 (2) | return of accreditation certificate | 685 | ||
| 247 | 477 (1) | replacement of defaced etc accreditation certificate | |||
| 248 | 478 (1) | offences relating to auditors | |||
| 249 | 478 (2) | offences relating to auditors | |||
| 250 | 478 (3) | offences relating to auditors | |||
| 251 | 478 (4) | offences relating to auditors | |||
| 252 | 488 | return of identity card | 454 | ||
| 253 | 513 (4) | direction to stop heavy vehicle to enable exercise of other powers | 685 | ||
| 254 | 514 (3) | direction not to move or interfere with heavy vehicle etc to enable exercise of other powers | 685 | ||
| 255 | 516 (3) | direction to move heavy vehicle to enable exercise of other powers | 685 | ||
| 256 | 517 (4) | direction to move heavy vehicle if causing harm etc | 685 | ||
| 257 | 522 (5) | power to order presentation of heavy vehicles for inspection | 685 | ||
| 258 | 524 (5) | direction to leave heavy vehicle | 685 | ||
| 259 | 526 (4) | issue of vehicle defect notice | 341 | ||
| 260 | 528 (3) | defective vehicle labels | 341 | ||
| 261 | 529 | ||||
| 261.1 | · minor defect | using defective heavy vehicles contrary to vehicle defect notice—minor defect | 685 | 1 (NS) | |
| 261.2 | · major defect | using defective heavy vehicles contrary to vehicle defect notice—major defect | 685 | 3 (NS) | |
| 261.3 | · self-clearing defect | using defective heavy vehicle contrary to vehicle defect notice—self-clearing defect | 341 | ||
| 262 | 531 (4) | amendment or withdrawal of vehicle defect notices | 341 | ||
| 263 | 533 (7) | powers for minor risk breach of mass, dimension or loading requirement | 1 139 | ||
| 264 | 534 (5) | powers for substantial risk breach of mass, dimension or loading requirement | 1 139 | ||
| 265 | 535 (5) | powers for severe risk breach of mass, dimension or loading requirement | |||
| 266 | 542 (1) | compliance with requirement under this division | |||
| 267 | 553 (3) | requirement of person in control of thing to be seized | |||
| 268 | 558 (1) | noncompliance with embargo notice | |||
| 269 | 558 (3) | noncompliance with embargo notice | |||
| 270 | 559 (3) | power to secure embargoed thing | |||
| 271 | 559 (4) | power to secure embargoed thing | |||
| 272 | 559 (5) | power to secure embargoed thing | |||
| 273 | 567 (4) | power to require name, address and date of birth | 341 | ||
| 274 | 567A | power to require production of driver licence | 20pu | 203 | |
| 275 | 567B | power to require people to disclose identity of driver | 20pu | 297 | |
| 276 | 568 (3) | ||||
| 276.1 | · requirement to produce driver licence | power to require production of document etc required to be in driver’s possession—driver licence | 685 | ||
| 276.2 | · requirement to produce document, device or other thing | power to require production of document etc required to be in driver’s possession—document, device or other thing | an amount equal to 10% of the amount of the maximum penalty for an offence of failing to keep the document device or other thing in the driver’s possession | ||
| 277 | 568 (7) | power to require production of document etc required to be in driver’s possession | 341 | ||
| 278 | 569 (2) | power to require production of documents etc generally | 685 | ||
| 279 | 569 (7) | power to require production of documents etc generally | 341 | ||
| 280 | 570 (3) | power to require information about heavy vehicles | |||
| 281 | 570A (5) | requiring information | |||
| 282 | 573 (1) | contravention of improvement notice | |||
| 283 | 576C | compliance with prohibition notice | |||
| 284 | 577 (4) | power to require reasonable help | |||
| 285 | 584 (1) | obstructing authorised officer | |||
| 286 | 585 | impersonating authorised officer | |||
| 287 | 590B (2) | effect of undertaking | |||
| 288 | 604 | contravention of supervisory intervention order | |||
| 289 | 610 | contravention of prohibition order | |||
| 290 | 636 (1) | liability of executive officers of corporation | |||
| 291 | 637 (4) | treatment of unincorporated partnerships | |||
| 292 | 638 (4) | treatment of other unincorporated bodies | |||
| 293 | 697 (3) | general duties of persons exercising functions under this law | |||
| 294 | 699 (1) | discrimination against or victimisation of employees | |||
| 295 | 699 (2) | discrimination against or victimisation of employees | |||
| 296 | 700 (4) | order for damages or reinstatement | |||
| 297 | 701 (1) | false or misleading statements | |||
| 298 | 701 (2) | false or misleading statements | |||
| 299 | 702 (1) | false or misleading documents | |||
| 300 | 702 (3) | false or misleading documents | |||
| 301 | 703 (1) | false or misleading information given by responsible person to another responsible person | |||
| 302 | 703 (2) | false or misleading information given by responsible person to another responsible person | |||
| 303 | 704 (1) | offence to falsely represent that heavy vehicle authority is held etc | |||
| 304 | 704 (2) | offence to falsely represent that heavy vehicle authority is held etc | |||
| 305 | 704 (3) | offence to falsely represent that heavy vehicle authority is held etc | |||
| 306 | 728 (1) | duty of confidentiality for protected information | |||
| 307 | 728A (1) | duty of confidentiality for electronic work diary protected information | |||
| 308 | 729 (1) | protected information only to be used for authorised use | |||
| 309 | 729 (3) | protected information only to be used for authorised use | |||
| 310 | 729A (1) | electronic work diary protected information only to be used for electronic work diary authorised use | |||
| 311 | 729A (2) | electronic work diary protected information only to be used for electronic work diary authorised use |
Part 1.2BHeavy Vehicle (Mass, Dimension and Loading) National Regulation
NoteOffence penalties are set under the Heavy Vehicle National Law (ACT), s 737 and the Heavy Vehicle (General) National Regulation (NSW), s 70. A summary of the penalties may be found on the National Heavy Vehicle Regulator website.
| column 1 item | column 2 offence provision and, if relevant, case | column 3 short description | column 4 offence penalty (see pt 1.2B, note) | column 5 infringement penalty ($) | column 6 demerit points |
| 1 | 16 (2) | contravening conditions applying to HML heavy vehicles being used in an area or on a route declared by an HML declaration | 341 | ||
| 2 | 28 | contravening conditions of HML permit | 341 | ||
| 3 | 34 (2) | return of HML permit | 454 | ||
| 4 | 35 (1) | replacement of defaced etc HML permit |
Part 1.2CHeavy Vehicle (Fatigue Management) National Regulation
NoteOffence penalties are set under the Heavy Vehicle National Law (ACT), s 737 and the Heavy Vehicle (General) National Regulation (NSW), s 70. A summary of the penalties may be found on the National Heavy Vehicle Regulator website.
| column 1 item | column 2 offence provision and, if relevant, case | column 3 short description | column 4 offence penalty (see pt 1.2C, note) | column 5 infringement penalty ($) | column 6 demerit points |
| 1 | 18A (1) | change between forms of work diary | 171 |
Endnotes
Notification
Notified under the Legislation Act on 25 June 2020.
Republications of amended laws
For the latest republication of amended laws, see align="center">© Australian Capital Territory 2020
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