Road Transport (Vehicle and Driver Management) Act 2005 (NSW)
An Act to provide for the management of heavy and other vehicles and drivers using such vehicles on roads and road related areas; and for other purposes.
This Act and the regulations under it form part of the
This Act is the Road Transport (Vehicle and Driver Management) Act 2005.
This Act commences on a day or days to be appointed by proclamation, except as provided by this section.
Schedule 3.33 [1]–[3] and [15]–[19] commence on the commencement of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 or on the commencement of this Act, whichever occurs later.
In this Act:
(a) Chapter 3 and Part 4.2, or
(b) regulations made under Chapter 3 or Part 4.2, or
(c) the Road Transport (Mass, Loading and Access) Regulation 2005, or
(d) regulations made under section 11B or 11C (except in Chapter 3, unless otherwise provided by the regulations), or
(e) any other provision of the road transport legislation prescribed by the regulations for the purposes of this definition.
(a) is prescribed by the regulations, or
(b) is identified by, or is of a class identified by, the regulations,
and that makes provision for compliance with and enforcement of any Australian applicable road laws, including (for example) a scheme, agreement or arrangement that provides for:
(c) a system of accreditation-based compliance, or
(d) an intelligent transport system, or
(e) a system applying alternative legal entitlements to those otherwise applicable, such as one based on performance-based standards.
(a) a police officer, or
(b) a member (however described) of the police force or police service of another jurisdiction.
(a) the NSW registrable vehicles register within the meaning of the Road Transport Act 2013, or
(b) a register maintained under the law of another jurisdiction that corresponds, or substantially corresponds, to the NSW registrable vehicles register within the meaning of the Road Transport Act 2013.
(a) its GCM and GVM, and
(b) its speed capabilities.
(a) the Authority as defined in a corresponding applicable road law (except in the case of a jurisdiction for which a person is prescribed under paragraph (b)), or
(b) a person prescribed by the regulations as the corresponding Authority for another jurisdiction for the purposes of this Act.
(a) a law of another jurisdiction corresponding, or substantially corresponding, to this Act or a specified provision or provisions of this Act, or
(b) a law of another jurisdiction that is declared under the regulations to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this Act or a specified provision or provisions of this Act.
(a) be in control of the steering, movement or propulsion of a vehicle,
(b) in relation to a trailer, draw or tow the trailer,
(c) ride a vehicle.
(a) a two-up driver of the vehicle or combination who is present in or near the vehicle or combination, and
(b) a person who is driving the vehicle or combination as a driver under instruction or under an appropriate learner licence or learner permit.
(a) an Australian driver licence, or
(b) a learner licence issued under a law in force in a State or internal Territory authorising the holder to drive a motor vehicle on a road.
(a) contracts of employment, apprenticeship or training, or
(b) contracts for services.
(a) do an act, or
(b) omit to perform an act.
(a) in the case of a heavy vehicle that is normally kept at a depot when not in use—the principal depot of the vehicle, or
(b) in the case of a heavy vehicle that is not normally kept at a depot when not in use:
(i) where the vehicle has only one registered operator—the home address of the registered operator, or
(ii) where the vehicle has more than one registered operator—each of the home addresses of the registered operators, or
(c) in the case of a vehicle that is not a heavy vehicle—the place nominated by the applicant for registration of the vehicle as the place where the vehicle is normally kept.
(a) as specified by the vehicle’s manufacturer on an identification plate on the vehicle, or
(b) as specified by the Authority if:
(i) a sum is not specified by the vehicle’s manufacturer on an identification plate on the vehicle, or
(ii) a sum so specified on an identification plate is no longer appropriate because the vehicle has been modified.
(a) animals (whether alive or dead), and
(b) a container (whether empty or not),
but does not include people, fuel, water, lubricants and equipment required for the normal operation of the vehicle or combination in which they are carried.
(a) as specified by the vehicle’s manufacturer on an identification plate on the vehicle, or
(b) as specified by the Authority if:
(i) a mass is not specified by the vehicle’s manufacturer on an identification plate on the vehicle, or
(ii) a mass so specified on an identification plate is no longer appropriate because the vehicle has been modified.
(a) a special purpose vehicle that has such a GVM, and
(b) a passenger-carrying vehicle that has such a GVM.
(a) in the case of an individual—the person’s residential address or place of abode in Australia, or
(b) in the case of a body corporate 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.
(a) a vehicle or combination or its equipment or load, the driver of a vehicle or combination, the operator of a fleet of vehicles or combinations or another person involved in road transport, and
(b) without limiting the above, the operation of a vehicle or combination in relation to its legal entitlements.
(a) the actual or proposed physical transport of goods or passengers by road or any previous transport of the goods or passengers by any mode, or
(b) goods or passengers themselves so far as the documentation is relevant to their actual or proposed physical transport,
whether the documentation is in paper, electronic or any other form, and whether or not the documentation has been transmitted physically, electronically or in any other manner, and whether or not the documentation relates to a particular journey or to journeys generally, and includes (without limiting this definition) any of the following:
(c) records kept, used or obtained by a responsible person for a vehicle in connection with the transport of the goods or passengers,
(d) 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,
(e) a subcontractor’s payment advice relating to the goods or passengers or the transport of the goods or passengers,
(f) 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 log book entry, a fuel docket or receipt, a food receipt, a tollway receipt, pay records and mobile or other phone records,
(g) information reported through the use of an intelligent transport system,
(h) driver manuals and instruction sheets,
(i) advice in any form from check weighing performed before, during or after a journey.
(a) any entitlements arising under or as affected by a permit, authorisation, approval, exemption, notice or anything else given or issued in writing under such a law, and
(b) any entitlements arising under or as affected by restrictions, or by the application of restrictions, under an Australian applicable road law or other laws (for example, sign-posted mass limits for bridges, hazardous weather condition permits, and special road protection limits), and
(c) any entitlements arising under or as affected by an approved road transport compliance scheme.
(a) all the goods, passengers and drivers in or on the vehicle or combination, and
(b) all fuel, water, lubricants and readily removable equipment carried in or on the vehicle or combination and required for its normal operation, and
(c) personal items used by a driver of the vehicle or combination, and
(d) anything that is normally removed from the vehicle or combination when not in use,
and includes a part of a load as so defined.
(a) in relation to 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, except an agreement requiring the vehicle to be registered in the name of someone else, or
(b) in relation to 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, except an agreement requiring the vehicle to be registered in the name of someone else.
(a) the Crown in any capacity, or
(b) a body established by or under law, or the holder of an office established by or under law, for a public purpose, including a local government authority, or
(c) a police force or police service.
(a) of public resort open to or used by the public as of right, or
(b) for the time being:
(i) used for a public purpose, or
(ii) open to access by the public,
whether on payment or otherwise, or
(c) open to access by the public by the express or tacit consent or sufferance of the owner of that place, whether the place is or is not always open to the public,
but does not include:
(d) a track that at the material time is being used as a course for racing or testing motor vehicles and from which other traffic is excluded during that use, or
(e) a road, or
(f) a place declared by the regulations not to be a public place.
(a) the drivers of and passengers in vehicles and combinations, and
(b) persons in or in the vicinity of (or likely to be in or in the vicinity of) roads, road infrastructure and public places, and
(c) vehicles and combinations and any loads in or on them.
(a) in relation to a vehicle (including a vehicle in a combination)—means the person recorded by an Australian Authority on a register maintained in accordance with an Australian applicable road law, or a person recorded in an Australian registrable vehicles register, as the person responsible for the vehicle, or
(b) in relation to a combination—means the person recorded by an Australian Authority on a register maintained in accordance with an Australian applicable road law, or a person recorded in an Australian registrable vehicles register, as the person responsible for the towing vehicle in the combination.
A wider definition of
(a) a road, including its surface or pavement, and
(b) anything under or supporting a road or its surface or pavement and maintained by a roads authority, and
(c) any bridge, tunnel, causeway, road-ferry, ford or other work or structure forming part of a road system or supporting a road, and
(d) any bridge or other work or structure located above, in or on a road and maintained by a roads authority, and
(e) 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 referred to in paragraphs (a)–(d), and
(f) anything declared by the regulations to be included in this definition,
but does not include anything declared by the regulations to be excluded from this definition.
(a) a vehicle (other than one declared by the regulations not to be a special purpose vehicle for the purposes of this definition) where the primary purpose for which it was built, or permanently modified, was not the carriage of goods or passengers, or
(b) a vehicle declared by the regulations to be a special purpose vehicle for the purposes of this definition.
(a) is built to be towed, or is towed, by a motor vehicle, and
(b) is not capable of being propelled in the course of normal use on roads without being towed by a motor vehicle,
whether or not its movement is aided by some other power source, but does not include:
(c) a motor vehicle being towed, or
(d) anything declared by the regulations to be excluded from this definition.
(a) any contractual documentation directly or indirectly associated with:
(i) a transaction for or relating to the actual or proposed transport of goods or passengers by road or any previous transport of the goods or passengers by any mode, or
(ii) goods or passengers themselves so 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 provided, in connection with the contractual documentation or with the transaction,
whether the documentation is in paper, electronic or any other form, and whether or not the documentation has been transmitted physically, electronically or in any other manner, and includes (without limiting this definition) an invoice, vendor declaration, delivery order, consignment note, load manifest, export receival advice, bill of lading, contract of carriage, sea carriage document, or container weight declaration, relating to the goods or passengers.
A reference in a provision of this Act relating to the road transport legislation (other than this Act or the regulations) to an expression that is defined in the legislation includes, for the purposes of the application of the provision to the legislation, the expression as defined in the legislation.
Each reference in this Act to a
Notes included in this Act are explanatory notes and do not form part of this Act.
For the purposes of comparison, a number of provisions of this Act contain bracketed notes in headings drawing attention (“cf”) to equivalent or comparable (though not necessarily identical) provisions of other Acts. For instance, the abbreviation “former Act” in the notes is a reference to the Road Transport (General) Act 1999 (as in force immediately before its repeal). A reference to “model provisions” is a reference to the Road Transport Reform (Compliance and Enforcement) Bill model provisions approved by the Australian Transport Council.
(Repealed)
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.
A term of any contract or agreement that purports to exclude, limit or modify the operation of this Act or of any provision of this Act is void to the extent that it would otherwise have that effect.
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Without limiting subsection (1), the regulations may make provision for or with respect to the following:
(a) (Repealed)
(b) the fixing of fees for services provided by the Authority under this Act or the regulations,
(c) the collection and recovery of fees fixed under this Act or the regulations,
(d) the refund, or partial refund, of fees fixed under this Act or the regulations,
(e) the waiver or postponement of fees fixed under this Act or the regulations.
The regulations may impose a fee in respect of services provided by the Authority under this Act or the regulations despite the fact that the fee may also comprise a tax.
The regulations may create offences punishable by a penalty not exceeding 30 penalty units.
The regulations may make provision for or with respect to mass, dimension, load restraint and access requirements with respect to the use of roads by vehicles and combinations and the enforcement of such requirements, including the following:
(a) the giving of rectification notices, the detention of vehicles pending rectification and powers of inspection,
(b) the issuing of excess permits or other permits or notices to authorise the use of vehicles and combinations despite such restrictions and fees payable in connection with such permits or notices,
(c) the imposition of such restrictions by means of the erection or display of signs,
(d) the exercise of inspection and other enforcement powers (including in relation to powers conferred by or under this Act) in relation to such requirements,
(e) the keeping and production of records and other specified information in connection with such requirements,
(f) the granting or conferral of exemptions from compliance with such requirements,
(g) the creation, approval or use of schemes for the mass management of vehicles or combinations in connection with such requirements.
This section applies to an intelligent transport system that is required or permitted to be used by or under an applicable road law or any exemption, authority or condition given or imposed by or under an applicable road law.
Regulations may be made for or with respect to the following matters relating to intelligent transport systems:
(a) conditions relating to intelligent transport systems,
(b) regulating or prohibiting the collection, storage, use and disclosure of information obtained by the use of an intelligent transport system, or obtained for the purposes of such a system or a proposed system,
(c) the records to be kept in relation to information obtained by the use of an intelligent transport system,
(d) the reports to be made in relation to the operation of, or any other matter relating to, an intelligent transport system,
(e) regulating or prohibiting tampering with intelligent transport systems,
(f) notification of persons about whom or in respect of whom information is obtained by the use of an intelligent transport system,
(g) certification of providers of intelligent transport systems or of intelligent transport systems,
(h) the functions of providers and auditors of intelligent transport systems,
(i) the operation of intelligent transport systems,
(j) without limiting paragraph (b), the use of information obtained by the use of an intelligent transport system for compliance or other law enforcement purposes,
(k) monitoring and auditing of intelligent transport systems, providers of intelligent transport systems and persons required or permitted to use intelligent transport systems,
(l) the use of certificates relating to the following matters as evidence in any proceedings before a court or tribunal:
(i) conditions relating to the use of intelligent transport systems imposed under this Act or the regulations,
(ii) vehicles, operators and drivers subject to conditions referred to in subparagraph (i),
(iii) operators, providers and auditors of intelligent transport systems,
(iv) information obtained by the use of intelligent transport systems,
(v) whether an intelligent transport system was or was not subject to any malfunction at a specified time,
(vi) the map used for the purposes of an intelligent transport system,
(vii) reports relating to intelligent transport systems,
(viii) the correct operation and functioning of an intelligent transport system,
(ix) the position of a vehicle on the surface of the earth at a particular time,
(x) mathematical (including statistical) procedures used in relation to information obtained by the use of an intelligent transport system,
(m) the use of reports generated by an intelligent transport system as evidence in any proceedings before a court or tribunal,
(n) evidentiary presumptions as to the correct operation and functioning of an intelligent transport system, other matters relating to the operation of an intelligent transport system and information obtained by using such a system,
(o) specifying the nature of the evidence that may or may not be used to rebut an evidentiary presumption established by a regulation made under paragraph (n).
A regulation made for the purposes of this section may create an offence punishable by a penalty not exceeding 200 penalty units.
Sections 16 and 18 of the Workplace Surveillance Act 2005 do not apply to or in respect of the operation of an intelligent transport system, except to the extent provided by the regulations under this Act.
This section is in addition to, and does not limit, any other regulation-making power contained in this Act or any other applicable road law.
In this section:
Regulations may be made for or with respect to the management and prevention of driver fatigue in connection with the driving of heavy vehicles and heavy combinations.
Without limiting the generality of subsection (1), regulations may be made for or with respect to the following:
(a) the duties of drivers of heavy vehicles and heavy combinations,
(b) the duties of employers of drivers of heavy vehicles and heavy combinations, prime contractors, operators, schedulers, consignors, consignees, loading managers, loaders and unloaders,
(c) the duties of other persons who make use of or engage in activities involving the use or operation of heavy vehicles or heavy combinations or who may do so,
(d) the periods that drivers of heavy vehicles and heavy combinations spend working and resting,
(e) the making, keeping, possession and inspection of records in respect of heavy vehicles or heavy combinations and their drivers,
(f) the medical examination of drivers of heavy vehicles and heavy combinations,
(g) risk management processes, principles and factors to be applied,
(h) reasonable steps defences or other defences for offences under regulations made under this section,
(i) the recognition of decisions in other jurisdictions in relation to the management of fatigue in drivers of heavy vehicles or heavy combinations,
(j) the accreditation of operator fatigue management systems and auditing of such systems.
A regulation made under this section may create an offence punishable by a penalty not exceeding 250 penalty units.
This section is in addition to, and does not limit, any other regulation-making power contained in this Act or any other applicable road law.
Regulations may be made for or with respect to the management and prevention of speeding in connection with heavy vehicles or heavy combinations.
Without limiting subsection (1), regulations may be made for or with respect to the following:
(a) the duties of employers of drivers of heavy vehicles and heavy combinations, prime contractors, schedulers, operators, consignors and consignees,
(b) the duties of other persons who make use of or engage in activities involving the use or operation of heavy vehicles or heavy combinations or who may do so.
A regulation made under this section may create an offence punishable by a penalty not exceeding 250 penalty units.
This section is in addition to, and does not limit, any other regulation-making power contained in this Act or any other applicable road law.
For the purpose of facilitating the administration and enforcement of the road transport legislation, the regulations may provide that any specified provision of the Roads Act 1993 (or any specified regulation made under any provision of that Act) does not apply to a vehicle, person or animal (or any class of vehicles, persons or animals) to the extent specified by the regulations.
The regulations may:
(a) exempt a vehicle, person or animal (or a class of vehicles, persons or animals of a kind) identified in the regulations from the operation of this Act or the regulations (or specified provisions of this Act or the regulations), or
(b) authorise the Authority to exempt a vehicle, person or animal (or a class of vehicles, persons or animals of a kind) identified in the regulations from the operation of this Act or the regulations (or specified provisions of this Act or the regulations).
An exemption granted by or under a regulation referred to in subsection (1) may be given unconditionally or on specified conditions.
The regulations may provide for the Authority:
(a) to suspend the operation of any regulation referred to in subsection (1) in such manner and in such circumstances as may be specified by the regulations, or
(b) to suspend the operation of an exemption given by it to any vehicle, person or animal in such manner and in such circumstances as may be specified by the regulations,
or both.
(Repealed)
Except where expressly provided, nothing in this Chapter limits the operation of other provisions of this Act, or any other road transport legislation, in relation to a breach or apprehended breach of a mass, dimension or load restraint requirement.
In this Chapter:
(a) 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
(b) actually receives the goods after completion of their transport by road,
but does not include a person who merely unloads the goods.
(a) with the person’s authority, is named or otherwise identified as the consignor of the goods in the transport documentation relating to the transport of the goods by road, or
(b) if paragraph (a) does not apply to the person or anyone else:
(i) 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) has possession of, or control over, the goods immediately before the goods are transported by road, or
(iii) loads a vehicle with the goods, for transport by road, at a place where goods in bulk are stored or temporarily held and that is unattended (except by a driver of the vehicle, a trainee driver or any person necessary for the normal operation of the vehicle) during loading, or
(c) if paragraphs (a) and (b) do not apply to the person or anyone else, and the goods are imported into Australia—imports the goods.
(a) the dimensions of a vehicle or combination, disregarding its load (if any), or
(b) the dimensions of a vehicle or combination including its load, or
(c) the dimensions of the load on a vehicle or combination, or
(d) the internal measurements of a vehicle or combination, including (for example) the distance between:
(i) components of a vehicle or combination, or
(ii) vehicles in a combination, or
(iii) a vehicle in a combination and a component of another vehicle in the combination.
(a) 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 one or more modes of transport, or
(b) a re-usable container of the same or a similar design and construction to a container referred to in paragraph (a) though of different dimensions, or
(c) a container of a kind prescribed by the regulations,
but does not include anything declared by the regulations to be excluded from this definition.
(a) a mass requirement specified in an applicable road law or in another law of this jurisdiction, or
(b) a mass requirement specified in writing under the authority of an applicable road law or of another law of this jurisdiction, or
(c) a mass requirement indicated by a sign erected or displayed under the authority of an applicable road law or of another law of this jurisdiction.
(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 the above, loads a freight container already in or on 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).
(a) a requirement of an Australian applicable road law concerning mass limits relating to:
(i) the tare mass of a vehicle or combination (that is, the actual mass of the vehicle or combination excluding any load in or on the vehicle or combination), or
(ii) the gross mass of a vehicle or combination (that is, the unladen mass of the vehicle or combination together with any load in or on the vehicle or combination), or
(iii) the mass of the load in or on a vehicle or combination, or
(iv) the mass on a tyre, an axle or an axle group of the vehicle or combination, and
(b) a requirement of an Australian applicable road law concerning mass limits relating to axle spacing, and
(c) mass limits set out on signs erected or displayed under an Australian applicable road law (for example, a sign-posted bridge limit).
(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).
(a) an owner of a vehicle or combination or of a vehicle in a combination,
(b) a driver of a vehicle or combination,
(c) an operator or registered operator of a vehicle or combination,
(d) a person in charge or apparently in charge of a vehicle or combination,
(e) a person in charge or apparently in charge of the garage address of a vehicle or combination or the base of the driver or drivers of a vehicle or combination,
(f) a person appointed under an approved road transport compliance scheme to have monitoring or other responsibilities under the scheme, including (for example) responsibilities for certifying, monitoring or approving vehicles or combinations under the scheme,
(g) an operator of an intelligent transport system,
(h) a person in charge of premises entered by an authorised officer under this Act,
(i) a person who consigns goods for transport by road,
(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,
(k) a person who loads goods or a container on a vehicle or combination for transport by road,
(l) a person who unloads goods or a container containing goods consigned for transport by road,
(m) a person to whom goods are consigned for transport by road,
(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,
(o) an owner or operator of a weighbridge, or weighing facility, used to weigh vehicles or combinations or an occupier of premises where such a weighbridge or weighing facility is located,
(p) a responsible entity for a freight container,
(q) a person who controls or directly influences the loading or operation of a vehicle or combination,
(r) an agent, employer, employee or subcontractor of any person referred to in the preceding paragraphs of this definition.
(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 (except a freight container) for transport, or
(c) secured together in a sling for transport.
For the purposes of this Chapter and Part 4.2, a person is an
(a) in the case of a vehicle (including a vehicle in a combination)—the person is responsible for controlling or directing the operations of the vehicle, or
(b) in the case of a combination—the person is responsible for controlling or directing the operations of the towing vehicle in the combination.
A person is not an operator merely because the person does any or all of the following:
(a) owns a vehicle or combination,
(b) drives a vehicle or combination,
(c) maintains or arranges for the maintenance of a vehicle or combination,
(d) arranges for the registration of a vehicle.
Section 80 (Liability of registered operators and owners) contains provisions relating to the liability of registered operators and owners in connection with offences committed by persons who are operators of vehicles or combinations.
For the purposes of this Chapter, the
(a) the place recorded for the time being as the driver’s base in the log book kept by the driver of the heavy vehicle or heavy combination, or
(b) if no place is recorded as specified in paragraph (a)—the garage address of the heavy vehicle or towing vehicle of the heavy combination, as recorded by an Australian Authority, or
(c) if no place is recorded as specified in paragraph (a) or (b)—the place from which the driver normally works and receives instructions.
For the purposes of this section, if a driver is a self-employed driver and an employed driver at different times, the driver may have one base as a self-employed driver and another base as an employed driver.
For the purposes of this section, if a driver has 2 or more employers, the driver may have a different base in relation to each employer.
For the purposes of this Chapter, a person is an
(a) one is a spouse, de facto partner, parent, brother, sister or child of the other, or
(b) they are members of the same household, or
(c) they are partners, or
(d) they are both trustees or beneficiaries of the same trust, or one is a trustee and the other is a beneficiary of the same trust, or
(e) one is a body corporate and the other is a director or member of the governing body of the body corporate, or
(f) one is a body corporate (other than a public company whose shares are listed on a stock exchange) and the other is a shareholder in the body corporate, or
(g) they are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth, or
(h) a chain of relationships can be traced between them under any one or more of the above paragraphs.
“De facto partner” is defined in section 21C of the Interpretation Act 1987.
In this section:
For the purposes of this Act, in determining whether or not a breach of a mass, dimension or load restraint requirement
(a) the nature and severity of the breach, and
(b) the consequences or likely consequences of the breach, and
(c) any other relevant factors.
For the purposes of this Chapter, the loss or shifting of the load of a vehicle or combination is
(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 factors.
For the purposes of this Act, the disembarkation of persons from, or the movement of persons on, a vehicle or combination does not constitute a loss or shifting of the load of the vehicle or combination.
(Repealed)
A person must not drive, or cause to be driven, along a road any vehicle that contravenes the mass, dimension or load restraint requirements imposed by regulations made for the purposes of section 11 otherwise than in accordance with an excess permit.
Maximum penalty: 30 penalty units.
Subsection (2) does not apply to a heavy vehicle or heavy combination.
Offences relating to breaches relating to heavy vehicles or heavy combinations are contained in regulations made under this Act and are also dealt with under Part 3.3.
The Authority may issue an excess permit in respect of a vehicle.
An excess permit may exempt a vehicle, either unconditionally or subject to conditions, from any specified mass, dimension, load restraint or access requirement imposed by an applicable road law.
Without limiting subsection (2), an excess permit may be made subject to conditions of the following kinds:
(a) a condition imposed by a regulation under section 28A,
(b) a condition imposing a maximum laden mass on the vehicle or any part of the vehicle,
(c) a condition imposing a maximum unladen mass on the vehicle or any part of the vehicle,
(d) a condition imposing a maximum mass on the vehicle’s load,
(e) a condition specifying the minimum or maximum dimensions of the vehicle or the vehicle’s load,
(f) a condition imposing a requirement as to the restraint or positioning of a load or any part of a load of the vehicle,
(g) a condition specifying any road or class of roads on which the vehicle may or may not be taken or area in which the vehicle may or may not be operated,
(h) a condition specifying a time, or period, when the vehicle may or may not be operated,
(i) a condition specifying signage or other warning or safety requirements, including conditions as to escort vehicles.
An excess permit remains in force for the period specified in the permit.
An application for an excess permit must be in a form approved by the Authority and accompanied by the application fee (if any) approved by the Authority.
An excess permit that is granted in connection with an incremental pricing scheme may also be subject to additional charges established under regulations made under section 28A.
The council of a local government area or the Authority may do either or both of the following things:
(a) it may, by means of notices conspicuously displayed on or adjacent to a road or any bridge or causeway forming part of a road, prohibit vehicles with a laden mass exceeding a specified maximum mass from passing along or over the road, bridge or causeway,
(b) it may, by means of notices conspicuously displayed on or adjacent to a road or any road-ferry maintained in connection with a road, prohibit vehicles with a laden mass exceeding a specified maximum mass from using the road-ferry.
Despite subsection (1) (a), the regulations may prescribe circumstances in which a notice displayed in accordance with that paragraph does not operate to prohibit a vehicle passing along or over a road, bridge or causeway.
The powers conferred by this section may only be exercised with respect to classified roads by the Authority.
Any person who fails to comply with the terms of a notice displayed for the purposes of this section is guilty of an offence.
Maximum penalty: 30 penalty units.
In this section,
Regulations may be made for or with respect to the following matters:
(a) conditions of mass, dimension, load restraint or access concessions relating to incremental pricing charges,
Note— See section 76 for the definition of
mass, dimension, load restraint or access concession .(b) the determination of incremental pricing charges,
(c) the notification of incremental pricing charges,
(d) conditions of mass, dimension, load restraint or access concessions relating to payment (including prepayment) of incremental pricing charges,
(e) the payment of money received by the Authority from incremental pricing charges to roads authorities and the use by roads authorities of that money,
(f) the use of information obtained by the use of an intelligent transport system or by other means for the purposes of incremental pricing schemes, including (but not limited to) the calculation of incremental pricing charges,
(g) the application of regulations made under section 11A to or in respect of the use, for the purposes of implementing and administering incremental pricing schemes, of information obtained by the use of an intelligent transport system,
(h) the monitoring and auditing of incremental pricing schemes and participants in such schemes,
(i) the records to be kept and information provided by such participants,
(j) regulating or prohibiting the collection, storage, use and disclosure of information obtained for the purposes of incremental pricing schemes or proposed schemes,
(k) without limiting paragraph (j), the use of information obtained for the purposes of an incremental pricing scheme for compliance or law enforcement purposes,
(l) the use of certificates relating to the following matters as evidence in any proceedings before a court or tribunal:
(i) conditions relating to incremental pricing schemes,
(ii) vehicles, operators and drivers subject to conditions referred to in subparagraph (i),
(iii) information obtained by the use of intelligent transport systems or by other means and used for the purposes of incremental pricing schemes,
(m) specifying the nature of the evidence that may or may not be used to rebut an evidentiary presumption established by a regulation made under paragraph (l),
(n) refunds of excess charges,
(o) any other matters ancillary or incidental to the operation of incremental pricing charges or schemes.
A regulation made for the purposes of this section may create an offence punishable by a penalty not exceeding 200 penalty units.
This section is in addition to, and does not limit, any other regulation-making power contained in this Act or any other applicable road law.
Words and expressions used in this section have the same meaning as they have in Division 9 of Part 3.3.
This Part applies to heavy vehicles or heavy combinations or both and, accordingly, in this Part references to vehicles or combinations are taken to be references to heavy vehicles or heavy combinations.
For the purposes of this Act, breaches of mass, dimension or load restraint requirements are categorised as follows:
(a) minor risk breaches,
(b) substantial risk breaches,
(c) severe risk breaches.
A breach of a mass requirement is a minor risk breach if the subject-matter of the breach is less than the lower limit for a substantial risk breach of the requirement.
A breach of a dimension requirement is a minor risk breach if the subject-matter of the breach is less than the lower limit for a substantial risk breach of the requirement.
A breach of a load restraint requirement is a minor risk breach if the loss or shifting of the load concerned:
(a) has not occurred and is not imminent, and
(b) is assessed by the officer or court concerned not to involve (if it were to occur) an appreciable risk of harm to public safety, the environment, road infrastructure or public amenity.
A breach of a mass requirement is a substantial risk breach if the subject-matter of the breach:
(a) is equal to or greater than the lower limit for a substantial risk breach of the requirement, and
(b) is less than the lower limit for a severe risk breach of the requirement.
A breach of a dimension requirement is a substantial risk breach if the subject-matter of the breach:
(a) is equal to or greater than the lower limit for a substantial risk breach of the requirement, and
(b) is less than the lower limit for a severe risk breach of the requirement.
A breach of a load restraint requirement is a substantial risk breach if:
(a) the loss or shifting of the load concerned:
(i) has already occurred or is imminent, and
(ii) is assessed by the officer or court concerned not to involve an appreciable risk of harm to public safety, the environment or road infrastructure, or
(b) the loss or shifting of the load concerned:
(i) has not occurred and is not imminent, and
(ii) is assessed by the officer or court concerned to involve an appreciable risk of harm to public safety, the environment, road infrastructure or public amenity.
A breach of a mass requirement is a severe risk breach if the subject-matter of the breach is equal to or greater than the lower limit for a severe risk breach of the requirement.
A breach of a dimension requirement is a severe risk breach if the subject-matter of the breach is equal to or greater than the lower limit for a severe risk breach of the requirement.
A breach of a load restraint requirement is a severe risk breach if the loss or shifting of the load concerned:
(a) has already occurred or is imminent, and
(b) is assessed by the officer or court concerned to involve an appreciable risk of harm to public safety, the environment, road infrastructure or public amenity.
This section applies to a mass requirement imposed by reference to:
(a) a legislatively specified mass requirement, or
(b) a manufacturer’s mass rating, or
(c) the lower of:
(i) a legislatively specified mass requirement, and
(ii) a manufacturer’s mass rating,
for a vehicle or combination, or for any component of a vehicle or combination, or for any load in or on a vehicle or combination.
The lower limit for a substantial risk breach of a mass requirement to which this section applies is:
(a) in the case of a mass requirement that relates to the gross mass of a vehicle or combination:
(i) 105% of the maximum permissible mass, rounded up to the nearest 0.1 tonne, or
(ii) 0.5 tonne,
whichever is the greater, or
(b) in any other case—105% of the maximum permissible mass, rounded up to the nearest 0.1 tonne.
105% of the maximum permissible mass is equivalent to the permissible mass plus an additional 5%.
The lower limit for a severe risk breach of a mass requirement to which this section applies is 120% of the maximum permissible mass, rounded up to the nearest 0.1 tonne.
120% of the maximum permissible mass is equivalent to the permissible mass plus an additional 20%.
This section applies to a dimension requirement imposed by reference to the length of a projection of a load from either side of a vehicle.
Nothing in this section affects a person’s liability for a breach of a dimension requirement to which section 36 (Lower limits—width breaches: overall width of vehicle or combination) applies.
The lower limit for a substantial risk breach of a dimension requirement to which this section applies is 40 millimetres over the maximum permissible dimension limit.
The lower limit for a severe risk breach of a dimension requirement to which this section applies is 80 millimetres over the maximum permissible dimension limit.
This section applies to a dimension requirement imposed by reference to the overall width of a vehicle or combination with or without a load.
In the case of a vehicle or combination with a load, a breach of a dimension requirement to which this section applies is categorised by reference to the length of the projection of the load from a side of the vehicle or combination.
If the load projects from both sides and the length of the projection from one side is greater than the length of the projection from the other side, the breach is to be categorised by reference to the longer projection.
Nothing in this section affects a person’s liability for a breach of a dimension requirement to which section 35 (Lower limits—width breaches) applies.
The lower limit for a substantial risk breach of a dimension requirement to which this section applies is:
(a) in the case of a vehicle or combination with a load projecting from a side of the vehicle or combination, 40 millimetres measured from a side of the vehicle or combination, or
(b) in any other case of a vehicle or combination with or without a load, 40 millimetres over the maximum permissible dimension limit.
The lower limit for a severe risk breach of a dimension requirement to which this section applies is:
(a) in the case of a vehicle or combination with a load projecting from a side of the vehicle or combination, 80 millimetres measured from a side of the vehicle or combination, or
(b) in any other case of a vehicle or combination with or without a load, 80 millimetres over the maximum permissible dimension limit.
This section applies to a dimension requirement imposed by reference to the overall height of a vehicle or combination with or without a load.
The lower limit for a substantial risk breach of a dimension requirement to which this section applies is 150 millimetres over the maximum permissible dimension limit.
The lower limit for a severe risk breach of a dimension requirement to which this section applies is 300 millimetres over the maximum permissible dimension limit.
This section applies to a dimension requirement imposed by reference to the overall length of a vehicle or combination with or without a load.
The lower limit for a substantial risk breach of a dimension requirement to which this section applies is 0.35 metre over the maximum permissible dimension limit.
The lower limit for a severe risk breach of a dimension requirement to which this section applies is 0.60 metre over the maximum permissible dimension limit.
This section applies to a breach of a dimension requirement to which section 35 (Lower limits—width breaches) or section 36 (Lower limits—width breaches: overall width of vehicle or combination) applies, where:
(a) the breach is committed:
(i) at night, or
(ii) in hazardous weather conditions causing reduced visibility, or
(iii) on a declared route or in a declared zone (within the meaning of Part 3.6), and
(b) the breach would, because of lower limits applicable under section 35 or 36 and apart from this Subdivision, be a minor risk breach or a substantial risk breach.
A breach to which this section applies that would, apart from this section, be a minor risk breach is taken to be a substantial risk breach.
A breach to which this section applies that would, apart from this section, be a substantial risk breach is taken to be a severe risk breach.
This section applies to a breach of a dimension requirement to which section 38 (Lower limits—overall length breaches) applies, where:
(a) the rear of a load on a vehicle or combination fails to carry a required warning signal, and
(b) the breach would, because of lower limits applicable under section 38 and apart from this Subdivision, be a minor risk breach or a substantial risk breach.
The Road Transport (Mass, Loading and Access) Regulation 2005 provides that the rear of a load on a vehicle must carry a warning signal if the load projects more than 1.2 metres behind the vehicle or in other specified circumstances.
A breach to which this section applies that would, apart from this section, be a minor risk breach is taken to be a substantial risk breach.
A breach to which this section applies that would, apart from this section, be a substantial risk breach is taken to be a severe risk breach.
This section applies to a breach of a dimension requirement to which a provision of Subdivision 2 applies, where:
(a) the load on a vehicle or combination projects from the vehicle or combination in a way that is dangerous to persons or property, and
(b) the breach would, because of lower limits applicable under those other provisions and apart from this Subdivision, be a minor risk breach or a substantial risk breach.
The Road Transport (Mass, Loading and Access) Regulation 2005 provides that a load on a vehicle must not project in a way that is dangerous to property, even if all dimension and warning requirements are met.
A breach to which this section applies that would, apart from this section, be a minor risk breach is taken to be a substantial risk breach.
A breach to which this section applies that would, apart from this section, be a substantial risk breach is taken to be a severe risk breach.
The regulations may specify a different lower limit, or a different method of calculating a lower limit, for a substantial risk breach or a severe risk breach of a mass, dimension or load restraint requirement to which a provision of Subdivision 2 applies.
The regulations must not specify a limit that is lower than that provided by the relevant provision of Subdivision 2.
The regulations may provide that a specified limit or method applies generally or in specified classes of cases.
This section enables higher breakpoints to be applied because of there being less risk associated with a particular breach.
This section applies to a breach of a requirement of an Australian applicable road law:
(a) to the effect that a load on a vehicle or combination must not project in a way that is dangerous to a person or property, even if all dimension, warning or other requirements are met, and
(b) that is not, apart from this section, a mass, dimension or load restraint requirement.
For the purposes of 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 that requirement, unless subsection (3) applies.
The breach is taken to be a substantial risk breach if the breach is committed:
(a) at night, or
(b) in hazardous weather conditions causing reduced visibility.
This Division has effect subject to any other provisions of the applicable road laws.
The enforcement powers provided by this Division vary according to the risk category involved. The principal features are as follows:
(a) Minor risk breaches An authorised officer may authorise the driver to continue the journey (conditionally or unconditionally), but in particular circumstances the officer may direct the driver to rectify breaches then and there or to move the vehicle or combination to a suitable location (within a limited distance) and not proceed until breaches are rectified.
(b) Substantial risk breaches An authorised officer must direct the driver not to proceed until breaches are rectified, but in particular circumstances (or acting under particular instructions) the officer may direct the driver to move the vehicle or combination to the nearest suitable location and not proceed until breaches are rectified.
(c) Severe risk breaches An authorised officer must direct the driver not to proceed until breaches are rectified, but in limited particular circumstances (or acting under particular instructions) the officer may direct the driver to move the vehicle or combination to the nearest safe location and not proceed until breaches are rectified.
Directions may instead be given to the operator of the vehicle or combination, who is required to ensure that the direction is carried out.
This section applies to a vehicle or combination, where an authorised officer believes on reasonable grounds that:
(a) the vehicle or combination is the subject of one or more minor risk breaches of mass, dimension or load restraint requirements, and
(b) the vehicle or combination is not the subject of a substantial risk breach or a severe risk breach.
The officer may:
(a) if the officer does not give a direction under paragraph (b)—authorise the driver of the vehicle or combination to continue its journey under section 49 (Authorisation to continue journey where only minor risk breaches), or
(b) if the officer believes on reasonable grounds that particular circumstances exist warranting the giving of a direction under this paragraph—direct the driver or operator of the vehicle or combination:
(i) to rectify specified breaches of mass, dimension or load restraint requirements then and there, or
(ii) if the officer also believes on reasonable grounds that the vehicle or combination should be moved to another location—to move it or cause it to be moved to a specified suitable location that is within the prescribed distance, and not to proceed from there until specified breaches of mass, dimension or load restraint requirements are rectified.
Section 49 enables the officer to permit the vehicle or 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.
Without limiting the above, particular circumstances warranting the giving of a direction exist where:
(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.
A direction may be given under this section unconditionally or subject to conditions imposed by the officer.
A person is guilty of an offence if:
(a) the person is subject to a direction under subsection (2), and
(b) the person engages in conduct that results in a contravention of the direction (including any condition of the direction).
Maximum penalty:
(a) first offence—30 penalty units (in the case of an individual) or 150 penalty units (in the case of a corporation), or
(b) subsequent offence—60 penalty units (in the case of an individual) or 300 penalty units (in the case of a corporation).
In this section:
(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 in the course of a journey of the vehicle or combination.
This section applies to a vehicle or combination, where an authorised officer believes on reasonable grounds that:
(a) the vehicle or combination is the subject of one or more substantial risk breaches, and
(b) the vehicle or combination is not the subject of a severe risk breach.
The officer must:
(a) direct the driver or operator of the vehicle or combination not to proceed until specified breaches of mass, dimension or load restraint requirements are rectified, or
(b) if the officer believes on reasonable grounds that:
(i) particular circumstances exist warranting the moving of the vehicle or combination to another location, or
(ii) particular instructions have been given authorising or requiring the moving of the vehicle or combination to another location,
direct the driver or operator of the vehicle or combination to move it or cause it to be moved to the nearest suitable location as specified by the officer, and not to proceed from there until specified breaches of mass, dimension or load restraint requirements are rectified.
Without limiting the above, particular circumstances warranting the moving of a vehicle or combination exist where moving the vehicle or combination is necessary in the public interest to avoid potential risk of harm to public safety, the environment, road infrastructure or public amenity.
Particular instructions authorising or requiring the moving of a vehicle or combination are specific instructions or standing instructions given by the Authority (orally or in writing, or by telephone, facsimile, electronic mail, radio, or in any other manner) authorising or requiring the moving of the vehicle or combination in the relevant circumstances.
A direction may be given under this section unconditionally or subject to conditions imposed by the officer.
A person is guilty of an offence if:
(a) the person is subject to a direction under subsection (2), and
(b) the person engages in conduct that results in a contravention of the direction (including any condition of the direction).
Maximum penalty:
(a) first offence—30 penalty units (in the case of an individual) or 150 penalty units (in the case of a corporation), or
(b) subsequent offence—60 penalty units (in the case of an individual) or 300 penalty units (in the case of a corporation).
In this section:
Nothing in subsection (7), or in any other provision of this section, prevents:
(a) the intended destination of the journey concerned, or
(b) the depot of the vehicle, or of a vehicle in the combination, concerned,
from being the nearest suitable location for the purposes of this section.
This section applies to a vehicle or combination, where an authorised officer believes on reasonable grounds that the vehicle or combination is the subject of one or more severe risk breaches.
The officer must:
(a) direct the driver or operator of the vehicle or combination not to proceed until specified breaches of mass, dimension or load restraint requirements are rectified, or
(b) if the officer believes on reasonable grounds that:
(i) particular circumstances exist warranting the moving of the vehicle or combination to another location, or
(ii) particular instructions have been given authorising or requiring the moving of the vehicle or combination to another location,
direct the driver or operator of the vehicle or combination to move it or cause it to be moved to the nearest safe location as specified by the officer, and not to proceed from there until specified breaches of mass, dimension or load restraint requirements are rectified.
Particular circumstances warranting the moving of a vehicle or combination exist only:
(a) where there is an appreciable risk of harm to public safety, the environment, road infrastructure or public amenity, or
(b) where there is a risk to the welfare of people or live animals in or on the vehicle or combination.
Particular instructions authorising or requiring the moving of a vehicle or combination are specific instructions or standing instructions given by the Authority (orally or in writing, or by telephone, facsimile, electronic mail, radio, or in any other manner) authorising or requiring the moving of the vehicle or combination in the relevant circumstances.
A direction may be given under this section unconditionally or subject to conditions imposed by the officer.
A person is guilty of an offence if:
(a) the person is subject to a direction under subsection (2), and
(b) the person engages in conduct that results in a contravention of the direction (including any condition of the direction).
Maximum penalty:
(a) first offence—30 penalty units (in the case of an individual) or 150 penalty units (in the case of a corporation), or
(b) subsequent offence—60 penalty units (in the case of an individual) or 300 penalty units (in the case of a corporation).
In this section:
Subsection (9) ensures that the officer may take excluded matters into account in particular circumstances.
Nothing in the definition of
This section applies if a direction is given under this Division.
An authorised officer may detain the vehicle or combination the subject of the direction until specified breaches of mass, dimension or load restraint requirements are rectified.
It is the duty of an authorised officer by whom a vehicle is detained under this section:
(a) to take all reasonable steps to promptly inform the driver of the vehicle, and any other person that the authorised officer considers should be informed, of where the vehicle is detained, and
(b) to ensure that access to the vehicle is not unreasonably withheld from any person entitled to access.
A person must not, without the consent of an authorised officer, remove a detained vehicle from the place where it is for the time being located.
Maximum penalty: 50 penalty units.
This section applies to a vehicle or combination, where an authorised officer believes on reasonable grounds that:
(a) the vehicle or combination is the subject of one or more minor risk breaches of mass, dimension or load restraint requirements, and
(b) the vehicle or combination is not or is no longer the subject of a substantial risk breach or a severe risk breach, and
(c) the driver is not or is no longer the subject of a direction for the rectification of the minor risk breach or any of the minor risk breaches.
The officer may authorise the driver of the vehicle or combination to continue its journey.
An authorisation may be granted under this section unconditionally or subject to conditions imposed by the officer.
A person is guilty of an offence if:
(a) the person is granted an authorisation under this section, and
(b) the authorisation is subject to a condition, and
(c) the person engages in conduct that results in a contravention of the condition.
Maximum penalty:
(a) first offence—30 penalty units, or
(b) subsequent offence—60 penalty units.
This section applies where a direction is given under this Division in relation to a combination.
Subject to subsection (3), nothing in this Division prevents a component vehicle of the combination from being separately driven or moved if:
(a) the component vehicle is not itself the subject of a breach of a mass, dimension or load restraint requirement, and
(b) it is not otherwise unlawful for the component vehicle to be driven or moved.
Subsection (2) does not apply where a condition of the direction prevents the component vehicle from being separately driven or moved.
In this section:
A direction or authorisation under this Division is to be in writing, except:
(a) in the case of a direction to move a vehicle or combination, where the moving is carried out in the presence of, or under the supervision of, any authorised officer, or
(b) in other circumstances prescribed by the regulations.
(d) section 147 (Power to inspect premises), or
(e) section 148 (Power to search premises).
Without limiting the above, the assistance may include helping the officer to do any or all of the following:
(a) to find and gain access to any records or information relating to a vehicle or combination, or the driving time, work time or resting time of a driver of the vehicle or combination, including but not limited to:
(i) records and information required to be kept in or on a vehicle or combination (including records and information indicating its performance, specifications, capabilities or legal entitlements), or
(ii) records and information (including records and information relating to its performance, specifications, capabilities or legal entitlements) in a useable form for the purpose of ascertaining its compliance with requirements imposed by or under an applicable road law,
(b) to find and gain access to electronically stored information,
(c) to weigh or measure:
(i) the whole or any part of a vehicle or combination, including an axle or axle group, or
(ii) the whole or any part of its equipment or load,
(d) to operate equipment or facilities for a purpose relevant to the power being or proposed to be exercised,
(e) to provide access free of charge to photocopying equipment for the purpose of copying any records or other material.
This section authorises the giving of a direction to run the engine of a vehicle or combination, but not otherwise to drive the vehicle or combination.
A direction:
(a) can only be given in relation to a power under section 144, 145, 146, 147 or 148 (the
principal power ) while the principal power can lawfully be exercised, and(b) ceases to be operative if the principal power ceases to be exercisable.
Accordingly, a direction cannot be given under this section, or remain operative, in relation to the exercise of a power under Division 4 where consent is required for the exercise of the power, unless unwithdrawn consent is given for the exercise of the power or the power can lawfully be exercised without consent.
A person is guilty of an offence if:
(a) the person is subject to a direction under subsection (1), and
(b) the person engages in conduct that results in a contravention of the direction.
Maximum penalty: 60 penalty units (in the case of an individual) or 300 penalty units (in the case of a corporation).
Subsection (5) does not apply if:
(a) the direction is unreasonable, or
(b) without limiting the above, the direction or its subject-matter is outside the scope of the business or other activities of the person.
The onus of proof of a matter set out in subsection (6) lies on the defendant in proceedings for an offence under this section.
If the responsible person to whom a direction to run the engine of a vehicle or combination is given under this section fails to comply with the direction or no responsible person is available or willing to do so, the officer may:
(a) enter the vehicle or combination and run its engine, or
(b) authorise any other person to do so.
This section applies to a person (in this section called the
(a) a responsible person to whom a direction is given under section 153 to run the engine of a vehicle or combination, or
(b) an officer authorised by section 153 (8) to run the engine of a vehicle or combination, or
(c) a person authorised by an officer under section 153 (8) to run the engine of a vehicle or combination.
The authorised person may run the engine even though the person is not qualified to drive the vehicle or combination, if the officer believes on reasonable grounds that there is no other person in, on or in the vicinity of the vehicle or combination who is more capable of running the engine than the authorised person and who is fit and willing to run the engine.
The authorised person may use reasonable force in complying with the direction to run the engine or when acting under the authority of section 153 (8) to run the engine.
It is immaterial that the authorised person is not authorised to run the engine.
The authorised person is, in complying with the direction to run the engine or when acting under the authority of section 153 (8) to run the engine, exempt from any other provision of the road transport legislation to the extent that the provision would require him or her to be licensed or otherwise authorised to do so.
An authorised officer may exercise powers under this section if the officer believes on reasonable grounds that a driver has committed a fatigue-related offence and:
(a) that the driver is impaired by fatigue that may have been caused by the occurrence of the offence, or
(b) that the commission of the offence occurred sufficiently recently that there is a risk that the driver may be impaired by fatigue.
The authorised officer may do any of the following:
(a) direct the driver to take rest immediately, or to take additional rest at the driver’s next required rest break,
(b) direct the driver to work reduced hours in the next relevant period to compensate for excess hours worked,
(c) direct the driver to take the next night rest time,
(d) direct the driver not to work for a specified period of time,
(e) if the officer has observed the driver driving in a way that the officer believes, on reasonable grounds, is dangerous, direct the driver to stop driving immediately, and authorise a qualified person to move the vehicle to a suitable rest place,
(f) if the driver fails to produce a specified record or document required to be kept in relation to fatigue management or the officer believes on reasonable grounds that any such record or document produced cannot be relied on, direct the driver not to work for a 24-hour period.
A person is guilty of an offence if:
(a) the person is subject to a direction under subsection (2), and
(b) the person engages in conduct that results in a contravention of the direction.
Maximum penalty: 60 penalty units.
In this section:
A direction under this Division may be given orally, in writing or in any other manner.
A direction not given in person may be sent or transmitted by post, telephone, facsimile, electronic mail, radio or in any other manner.
If given orally, a direction under this Division must state whether it is to be complied with then and there or within a specified period.
If given in writing, a direction under this Division must state the period within which it is to be complied with.
This section applies where an authorised officer believes on reasonable grounds that:
(a) there may be at particular premises, then or within the next 72 hours, records, devices or other things that may provide evidence of an offence under an applicable road law, or
(b) a vehicle or combination has been or may have been involved in an incident involving death or personal injury or damage to property and:
(i) the vehicle or combination is or has been located at particular premises, or
(ii) particular premises are or may be otherwise connected (directly or indirectly) with the vehicle or combination or any part of its equipment or load.
The officer may apply to an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 for a search warrant authorising the officer to exercise a power to enter and search the premises under section 148 (Power to search premises).
Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.
In this section,
An authorised officer may exercise powers under this Part with the aid of such assistants and equipment as the officer considers reasonably necessary in the circumstances.
Powers that may be exercised by an authorised officer under this Part may be exercised by an assistant authorised and supervised by the officer, but only if the officer considers that it is reasonably necessary in the circumstances that the powers be exercised by an assistant.
Without limiting section 158, an authorised officer exercising a power under this Part may bring to, or on to, a vehicle, combination or premises any equipment reasonably necessary for the examination or processing of things found in, on or at the vehicle, combination or premises in order to determine whether they are things that may be seized.
If:
(a) it is not practicable to examine or process the things at the vehicle, combination or premises, or
(b) the occupier of the vehicle, combination or premises consents in writing,
the things may be moved to another place so that the examination or processing can be carried out in order to determine whether they are things that may be seized.
The officer, or a person assisting the officer, may operate equipment already in, on or at the vehicle, combination or premises to carry out the examination or processing of a thing found in, on or at the vehicle, combination or premises in order to determine whether it is a thing that may be seized, if the officer or person assisting believes on reasonable grounds that:
(a) the equipment is suitable for the examination or the processing, and
(b) the examination or processing can be carried out without damage to the equipment or the thing.
If:
(a) a thing found in, on or at a vehicle, combination or premises is, or includes, a disk, tape or other device for the storage of information, and
(b) equipment in, on or at the vehicle, combination or premises may be used with the disk, tape or other storage device, and
(c) the authorised officer concerned believes on reasonable grounds that the information stored on the disk, tape or other storage device is relevant to determine whether a relevant applicable road law or approved road transport compliance scheme has been contravened,
the officer or a person assisting the officer may operate the equipment to access the information.
If the officer or a person assisting the officer finds that a disk, tape or other storage device in, on or at the vehicle, combination or premises contains information of a kind referred to in subsection (1) (c), he or she may:
(a) put the information in documentary form and seize the documents so produced, or
(b) copy the information to another disk, tape or other storage device and remove that storage device from the vehicle, combination or premises, or
(c) if it is not practicable to put the information in documentary form or to copy the information, seize the disk, tape or other storage device and the equipment that enables the information to be accessed.
An officer or a person assisting an officer must not operate or seize equipment for the purpose mentioned in this section unless the officer or person assisting believes on reasonable grounds that the operation or seizure of the equipment can be carried out without damage to the equipment.
If a record, device or other thing is seized and removed under this Part, the authorised officer concerned must:
(a) give a receipt for it to the person from whom it is seized and removed, and
(b) if practicable, allow the person who would normally be entitled to possession of it reasonable access to it.
This section applies where:
(a) an authorised officer is authorised to seize any record, device or other thing under this Part, and
(b) the record, device or other thing cannot, or cannot readily, be physically seized and removed.
The officer may issue an embargo notice under this section.
An
The embargo notice:
(a) must be in the form, or contain the particulars, required by the regulations, and
(b) must list the activities that it forbids, and
(c) must set out a copy of subsection (8).
The officer may issue the notice:
(a) by causing a copy of the notice to be served on the occupier of the vehicle, combination or premises concerned, or
(b) if that person cannot be located after all reasonable steps have been taken to do so, by affixing a copy of the notice to the record, device or other thing in a prominent position.
A person is guilty of an offence if:
(a) the person knows that an embargo notice relates to a record, device or other thing, and
(b) the person:
(i) does anything that is forbidden by the notice under this section, or
(ii) instructs any other person to do anything that is forbidden by the notice under this section or to do anything that the person is forbidden to do by the notice.
It is a defence to a prosecution for an offence against subsection (6) to establish that the defendant:
(a) moved the record, device or other thing, or part of it, for the purpose of protecting or preserving it, or
(b) notified the officer who issued the notice of the move, and of the new location of the record, device or other thing or part of it, within 48 hours after the move.
A person is guilty of an offence if:
(a) an embargo notice has been served on the person, and
(b) the person fails to take reasonable steps to prevent any other person from doing anything forbidden by the notice.
Despite anything in any other Act, a sale, lease or transfer or other dealing with a record, device or other thing, or part of it, in contravention of this section is void.
Maximum penalty (subsections (6) and (8)): 80 penalty units (in the case of an individual) or 400 penalty units (in the case of a corporation).
A provision of this Part that authorises a person to use reasonable force does not authorise a person who is not a police officer to use force against a person.
Before obtaining the consent of a person for the purposes of a provision of this Part, the authorised officer must inform the person that he or she may refuse to give consent.
An entry by or the exercise of any other power under this Part by an authorised officer by virtue of the consent of a person is not lawful unless the person voluntarily consented to the entry.
Consent may be withdrawn after it has been given, and the power concerned must no longer be exercised by virtue of the consent.
An authorised officer may, on the same occasion, give directions under one or more provisions of this Part.
Without limiting the above, an authorised officer may, in the course of exercising powers under a provision of this Part, give:
(a) further directions under the provision, or
(b) directions under one or more other provisions of this Part,
or both.
If:
(a) an authorised officer or a person authorised by the officer takes any action in the exercise or purported exercise of any power under this Part in relation to a vehicle or combination or its equipment or load or in relation to any premises, and
(b) damage was caused by the unreasonable exercise of the power or by the use of force that was not authorised under this Part,
the officer must take reasonable steps to return the vehicle, combination, equipment, load or premises to the condition it was in immediately before the action was taken.
A person is not excused from a requirement to comply with a direction under this Part on the ground that complying with the requirement might incriminate the person or make the person liable to a penalty.
However, any statement made or any information or answer given or furnished by a natural person in compliance with a direction under this Part is not admissible in evidence against the person in criminal proceedings (except proceedings for an offence under this Part) if:
(a) the person objected at the time to doing so on the ground that it might incriminate the person, or
(b) the person was not warned on that occasion that the person may object to making the statement or giving or furnishing the information or answer on the ground that it might incriminate the person.
Any document produced by a person in compliance with a direction under this Part is not inadmissible in evidence against the person in criminal proceedings on the ground that the document might incriminate the person.
Further information obtained as a result of a document produced, a statement made or information or answer given or furnished in compliance with a direction under this Part is not inadmissible on the ground:
(a) that the document, statement, information or answer had to be produced, made, given or furnished, or
(b) that the document, statement, information or answer might incriminate the person.
Any records, devices or other things seized under this Part, or any information obtained under this Part, may, for the purposes of law enforcement, be given to any public authority of any jurisdiction (including any corresponding Authority) considered appropriate by the Authority or the Commissioner of Police, but only after consultation with the public authority concerned.
This section has effect subject to the Privacy and Personal Information Protection Act 1998.
(Repealed)
(Repealed)
(Repealed)
If a body corporate commits an offence under an applicable road law, each director of the body corporate, and each person concerned in the management of the body corporate, is taken to have committed the offence and is punishable accordingly.
If a person who is a partner in a partnership commits an offence under an applicable road law in the course of the activities of the partnership, each other person who is a partner in the partnership, and each other person concerned in the management of the partnership, is taken to have committed the offence and is punishable accordingly.
If a person who is concerned in the management of an unincorporated association commits an applicable road law offence in the course of the activities of the unincorporated association, each other person concerned in the management of the unincorporated association is taken to have committed the offence and is punishable accordingly.
If an employee commits an applicable road law offence, the employer is taken to have committed the offence and is punishable accordingly.
Subsections (1), (2), (3) and (4) do not apply in respect of an offence under a provision of a regulation that is (or forms part of) an applicable road law that is declared by such a regulation to be an excluded provision for the purposes of this section.
This section does not affect the liability of the person who actually committed the offence.
A person may be proceeded against and found guilty of an offence arising under this section whether or not the body corporate or other person who actually committed the offence has been proceeded against or been found guilty of the offence.
It is a defence to a prosecution for an offence arising under subsection (1) if the defendant establishes that:
(a) the defendant was not in a position to influence the conduct of the body corporate in relation to the actual offence, or
(b) the defendant, being in such a position, took reasonable precautions and exercised due diligence to prevent the commission of the actual offence.
It is a defence to a prosecution for an offence arising under subsection (2) or (3) if the defendant establishes that:
(a) the defendant was not in a position to influence the conduct of the person who actually committed the offence, or
(b) the defendant, being in such a position, took reasonable precautions and exercised due diligence to prevent the commission of the actual offence.
It is a defence to a prosecution for an offence arising under subsection (4) if the defendant establishes that:
(a) the defendant had no knowledge of the actual offence, and
(b) the defendant took reasonable precautions and exercised due diligence to prevent the commission of the actual offence.
(Repealed)
(Repealed)
Any amount of unpaid charges or fees payable under this Act is a debt due to the Authority and may be recovered in a court of competent jurisdiction.
The provisions of an applicable road law do not preclude, or otherwise affect, the operation of the work health and safety legislation.
If the effect of complying with a requirement of an applicable road law would be to cause a person to contravene a provision of the work health and safety legislation, the person is not required to comply with the requirement of the applicable road law.
Where an act or omission constitutes an offence under an applicable road law and:
(a) under the work health and safety legislation, or
(b) under the Dangerous Goods (Road and Rail Transport) Act 2008,
the offender is not liable to be punished twice in relation to the offence.
In this section:
(a) the Work Health and Safety Act 2011,
(b) the Coal Mine Health and Safety Act 2002,
(c) the Mine Health and Safety Act 2004.
(Repealed)
Schedule 1 has effect.
(Repealed)
The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
(Repealed)
(Section 245)
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
In this Part:
If anything of a kind required or permitted to be done by or under a new provision was done or taken to be done by or under a corresponding provision of the former Act or the repealed heavy vehicles provisions and still had effect immediately before the commencement of the new provision, the thing continues in effect on and after that commencement as if:
(a) this Act had been in force when it was done, and
(b) it had been done by or under this Act.
If subclause (1) applies in relation to the execution, lodgment, issue or publication of a written instrument, any reference in the instrument to a corresponding provision of the former Act or the repealed heavy vehicles provisions is, for the purposes of that subclause, to be read as a reference to the new provision.
Without limiting subclauses (1) and (2), if a corresponding provision of the former Act or the repealed heavy vehicles provisions would, but for its repeal by this Act, have applied in relation to anything done or being done or in existence before the commencement of the relevant new provision, the new provision applies in relation to that thing, and so applies with any necessary adaptations.
This clause has effect subject to this Schedule and any regulations made under this Schedule.
Section 30 of the Interpretation Act 1987 also contains applicable general savings, including saving any right, privilege, obligation or liability incurred under the repealed provisions and also saving the operation of any savings and transitional provision contained in the repealed provisions.
The following regulations under the former Act as in force immediately before the repeal of that Act are taken to be regulations made under this Act:
• Road Transport (General) Regulation 1999
• Road Transport (General) (Penalty Notice Offences) Regulation 2002
The Road Transport (Mass, Loading and Access) Regulation 1996, as in force immediately before the repeal of section 264A of the Roads Act 1993, is taken to be a regulation made under this Act.
Except as provided by the regulations, the repeal of the former Act does not affect the operation of the following:
(a) any provision of Schedule 2 to that Act to the extent that it applies to matters done or taken to be done under the Road Transport (Safety and Traffic Management) Act 1999,
(b) any provision of that Schedule to the extent that it continues the operation of a repealed Act or any regulation, declaration or order made under any such Act,
and any such provision continues to have effect.
Division 3 of Part 5.4 applies in respect of a conviction for any offence committed before the commencement of that Division for which a declaration could be made under section 28 of the former Act immediately before the repeal of that section.
(Repealed)
Nothing in this Part prevents the amendment or revocation of any delegation, order, authorisation, approval or declaration made under the former Act or the repealed heavy vehicles provisions.
In this Part,
An amendment made to this Act by the amending Act does not apply to proceedings for an offence that were instituted before the commencement of the amendment.
An amendment made to this Act by the amending Act applies to proceedings for an offence that are instituted on or after the commencement of the amendment even if the proceedings involve an offence that was committed before that commencement.
An excess weight permit that was in force immediately before the substitution of section 27 by the Road Transport (General) Amendment (Heavy Vehicle User Charges) Act 2007 continues in force for the period for which it would have been in force if that section had not been substituted and is taken to be an excess permit granted under the section as so substituted.
In this Part:
An amendment made to section 218 by the amending Act does not apply to or in respect of a motor vehicle seized under section 218 as in force immediately before the commencement of the amendment.
Sections 219 and 219A, as substituted and inserted, respectively, by the amending Act, apply to and in respect of a motor vehicle used in connection with an offence under section 40 or 41 (2) of the Road Transport (Safety and Traffic Management) Act 1999 that is committed on or after the insertion of those sections.
However, if a motor vehicle was used in connection with an offence under section 40 or 41 (2) of the Road Transport (Safety and Traffic Management) Act 1999 for which a person was found guilty before the substitution of section 219, that finding may be taken into account in deciding whether the motor vehicle has been used in connection with a second or subsequent such offence for the purposes of determining any penalty that may be imposed by a court or the Authority under section 219.
In this Part,
Sections 205 and 206, as amended by Schedule 3 to the Amending Act, do not apply in relation to an alleged offence referred to in section 205 (1A) (b) or (1B), or 206 (2A) (b) or (2B) (as so amended) that occurred before those sections were so amended.
A suspension given by a police officer under section 205 or 206 and in force immediately before the amendment of those sections by Schedule 3 to the Amending Act is taken to be a suspension given by the police officer under section 205 or 206, respectively, as amended by the Amending Act.
Section 188A (as inserted by the amending Act) extends to a licence disqualification (an
(a) was imposed before the relevant day, and
(b) had commenced (or had not yet commenced) immediately before the relevant day.
If a disqualification orphan period in relation to an existing licence disqualification was already in existence immediately before the relevant day, section 188A (as inserted by the amending Act) applies in relation to that licence disqualification as if the disqualification orphan period for the purposes of that section had come into existence on the relevant day.
In this clause:
In this Part:
It is declared that:
(a) any reference in this Act to a registered operator of a vehicle has, on and from 30 September 2005, included a reference to a person recorded in an Australian registrable vehicles register as the person responsible for the vehicle, and
(b) any reference in this Act to the registration of a vehicle has, on and from 30 September 2005, included a reference to the registration of a vehicle in an Australian registrable vehicles register.
This Act (other than Schedule 3.33 [1]–[3] and [15]–[19] as originally enacted) commenced on 30 September 2005.
Accordingly, any enforcement action taken under this Act or any related legislation on and from 30 September 2005 that would have been validly taken had subclause (1) been in force when it was taken is (to the extent of any invalidity) taken to be, and always to have been, valid.
In this clause:
(a) any action taken in relation to a person by reason of the person being a registered operator of, or responsible person for, a vehicle within the meaning of this Act (including the issuing of a penalty notice or the commencement of proceedings for a contravention of a provision of an Act or statutory rule), and
(b) any action taken in relation to a person or vehicle by reason of the registration of a vehicle within the meaning of this Act (including the issuing of a penalty notice or the commencement of proceedings for a contravention of a provision of an Act or statutory rule).
(a) the Fines Act 1996, and
(b) any other Act or statutory rule (or a provision of any other Act or statutory rule) that imposes any obligation or liability, or that confers or imposes a function, on a person by reference to:
(i) the person or another person being a registered operator of, or responsible person for, a vehicle within the meaning of this Act, or
(ii) the registration of a vehicle (being registration of a vehicle within the meaning of this Act).
Section 202 (4) (as inserted by the amending Act) extends to any declaration of a habitual traffic offender that is in force under Division 3 of Part 5.4 immediately before the commencement of that subsection.
In this Part:
Division 2 of Part 5.5 of this Act, as in force immediately before the commencement of Schedule 1 to the amending Act, continues to apply to and in respect of a motor vehicle clamped under the provisions of that Division before that commencement.
Sections 218 and 219 (as inserted by the amending Act) do not apply to or in respect of the use of a motor vehicle in connection with a high range speed offence or an offence under section 51B of the Crimes Act 1900 that was committed before the insertion of those sections.
However, if a motor vehicle that was used in connection with an offence under a high range speed offence or section 51B of the Crimes Act 1900 for which a person was found guilty before the insertion of those sections, that finding may be taken into account in deciding whether the motor vehicle has been used in connection with a second or subsequent such offence for the purposes of determining any penalty that may be imposed by a court or the Authority under section 219 (as inserted by the amending Act).
Section 227 and the regulations made under that section, as in force immediately before the commencement of Schedule 2 [1] to the amending Act, continue to apply to and in respect of a motor vehicle impounded or forfeited under Division 2 of Part 5.5 before that commencement.
In this Part:
Section 179 (1A) (as inserted by the amending Act) applies in relation to camera recorded offences committed on or after the assent day.
Section 179 (5) (as amended by the amending Act) applies in relation to penalty notices issued on or after the assent day.
Section 179 (10) (as amended by the amending Act) applies in relation to designated offences committed (or alleged to have been committed) on or after the day on which the amendment to that subsection commences.
Section 179 (10B)–(10D) (as inserted by the amending Act) extend to a designated offence committed (or alleged to have been committed) before the assent day, but only if a relevant nomination document for the offence had not been supplied before that day.
Section 244B (Preliminary discovery of information for recovery of private car park fees) does not apply in respect of preliminary discovery pursuant to an order made before the commencement of that section but applies in respect of preliminary discovery pursuant to an order made after that commencement even if the application for the order was made before that commencement.
(Repealed)
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