Transport Operations (Road Use Management—Mass, Dimensions and Loading) and Other Legislation Amendment Regulation (No. 1) 2008 (Qld)

Queensland Transport Operations (Road Use Management—Mass, Dimensions and Loading) and Other Legislation Amendment Regulation (No. 1) 2008 Subordinate Legislation 2008 No. 313 made under the State Penalties Enforcement Act 1999 Transport Operations (Road Use Management) Act 1995 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 10 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of Transport Operations (Road UseManagement—Mass, Dimensions and Loading) Regulation2005 Regulation amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of s 5 (Application of pt 2) . . . . . . . . . . . . . . . . . . . . 4 Replacement of s 6 (Definition for pt 2) . . . . . . . . . . . . . . . . . . . . 5 6 Mass requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of s 7 (Compliance with requirements—vehicles) . . 5 Amendment of s 8 (Compliance with requirements—trailers) . . . 6 Amendment of s 9 (Compliance with requirements—combinations) ..................... 6 Amendment of s 18 (Way of stating GVM) . . . . . . . . . . . . . . . . . . 7 Replacement of s 21 (Information and extended liability offences) .................................. 8

Transport Operations (Road Use Management—Mass, Dimensions and Loading) and Other Legislation Amendment Regulation (No. 1) 2008 Contents 21 Offences against this part. . . . . . . . . . . . . . . . . . . . . . 8 11 Insertion of new pt 2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Part 2A Container weight declarations 21A Application of pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . 8 21B Meaning of complying container weight declaration. . 8 21C Duty of responsible entity . . . . . . . . . . . . . . . . . . . . . . 9 21D Duty of operator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 21E Duty of driver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12 Amendment of s 24 (Length—motor vehicles) . . . . . . . . . . . . . . . 11 13 Amendment of s 25 (Width) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 14 Amendment of s 26 (Height) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 15 Amendment of s 34 (Limits on projection of loads—motor vehicles other than motorbikes) . . . . . . . . . . . . . . . . . . . . . . . . . . 12 16 Replacement of pt 3, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Division 4 Information offences 37 Offences against this part. . . . . . . . . . . . . . . . . . . . . . 13 17 Amendment of s 39 (Definition for pt 4) . . . . . . . . . . . . . . . . . . . . 13 18 Amendment of s 40 (Compliance with requirements—vehicles) . 13 19 Amendment of s 41 (Compliance with requirements—trailers) . . 14 20 Amendment of s 42 (Compliance with requirements—combinations) . . . . . . . . . . . . . . . . . . . . 15 21 Amendment of s 43 (Proof of loading offences) . . . . . . . . . . . . . . 16 22 Replacement of s 44 (Information and extended liability offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 44 Offences against this part. . . . . . . . . . . . . . . . . . . . . . 16 23 Insertion of new pt 6B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Part 6B Reasonable steps defence 55ZU What is the reasonable steps defence . . . . . . . . . . . . 16 55ZV Matters court may consider for deciding whether person took all reasonable steps . . . . . . . . . . . . . . . . 17 55ZW Application of s 57E of Act to offences against this regulation ............................. 17 55ZX Application of s 57F of Act to offences against this regulation ............................. 17 24 Insertion of new pt 8, div 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 18 25 Replacement of s 59 hdg (Definition for pt 8) . . . . . . . . . . . . . . . . 18 26 Insertion of new pt 8, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Page 2 2008 SL No. 313

Transport Operations (Road Use Management—Mass, Dimensions and Loading) and Other Legislation Amendment Regulation (No. 1) 2008 Contents 27 Part 3 28 29 Division 2 Transitional provision for Transport Operations (Road Use Management—Mass, Dimensions and Loading) and Other Legislation Amendment Regulation (No. 1) 20088 62 Offences against pre-amended regulation . . . . . . . . . Amendment of sch 11 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . Amendment of State Penalties Enforcement Regulation2000 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 3 (Transport legislation) . . . . . . . . . . . . . . . . . 19 19 20 20 2008 SL No. 313 Page 3

Transport Operations (Road Use Management—Mass, Dimensions and Loading) and OtherLegislation Amendment Regulation (No. 1) 2008 Part 1 Preliminary [s 1] Part 1 Preliminary 1 Short title This regulation may be cited as the Transport Operations (Road Use Management—Mass, Dimensions and Loading) and Other Legislation Amendment Regulation (No. 1) 2008 . 2 Commencement This regulation commences on 29 September 2008. Part 2 Amendment of Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 3 Regulation amended in pt 2 This part amends the TransportOperations(RoadUseManagement—Mass,DimensionsandLoading)Regulation2005. 4 Amendment of s 5 (Application of pt 2) Section 5, from ‘the following’— omit, insert— ‘a heavy vehicle when on a road.’. Page 4 2008 SL No. 313

Transport Operations (Road Use Management—Mass, Dimensions and Loading) and OtherLegislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Transport Operations (Road Use Management—Mass, Dimensionsand Loading) Regulation 2005 [s 5] 5 Replacement of s 6 (Definition for pt 2) Section 6— omit, insert— ‘6 Mass requirements ‘Schedules 1 and 4 set out mass requirements applying to heavy vehicles.’. 6 Amendment of s 7 (Compliance with requirements—vehicles) (1) Section 7, penalty— omit, insert— ‘Maximum penalty— (a) for a minor risk breach—50 penalty units; or (b) for a substantial risk breach—80 penalty units; or (c) for an excessive overloading offence—50 penalty units; or (d) for a dangerous overloading offence—80 penalty units.’. (2) Section 7— insert— ‘(2) In a proceeding for an offence against subsection (1) in relation to a minor risk breach or an excessive overloading offence, the person charged has the benefit of the reasonable steps defence for the offence. ‘(3) In a proceeding for an offence against subsection (1) in relation to a substantial risk breach or a dangerous overloading offence, the person charged has the benefit of the reasonable steps defence for the offence but only so far as it relates to reliance on the weight stated in a container weight declaration. Editor’s note — See section 57G of the Act in relation to reliance on the container weight declaration.’. 2008 SL No. 313 Page 5

Transport Operations (Road Use Management—Mass, Dimensions and Loading) and OtherLegislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Transport Operations (Road Use Management—Mass, Dimensionsand Loading) Regulation 2005 [s 7] 7 Amendment of s 8 (Compliance with requirements—trailers) (1) Section 8, penalty— omit, insert— ‘Maximum penalty— (a) for a minor risk breach—50 penalty units; or (b) for a substantial risk breach—80 penalty units; or (c) for an excessive overloading offence—50 penalty units; or (d) for a dangerous overloading offence—80 penalty units.’. (2) Section 8— insert— ‘(2) In a proceeding for an offence against subsection (1) in relation to a minor risk breach or an excessive overloading offence, the person charged has the benefit of the reasonable steps defence for the offence. ‘(3) In a proceeding for an offence against subsection (1) in relation to a substantial risk breach or a dangerous overloading offence, the person charged has the benefit of the reasonable steps defence for the offence but only so far as it relates to reliance on the weight stated in a container weight declaration. Editor’s note — See section 57G of the Act in relation to reliance on the container weight declaration.’. 8 Amendment of s 9 (Compliance with requirements—combinations) (1) Section 9, penalty— omit, insert— Page 6 2008 SL No. 313

Transport Operations (Road Use Management—Mass, Dimensions and Loading) and OtherLegislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Transport Operations (Road Use Management—Mass, Dimensionsand Loading) Regulation 2005 [s 9] ‘Maximum penalty— (a) for a minor risk breach—50 penalty units; or (b) for a substantial risk breach—80 penalty units; or (c) for an excessive overloading offence—50 penalty units; or (d) for a dangerous overloading offence—80 penalty units.’. (2) Section 9— insert— ‘(2) In a proceeding for an offence against subsection (1) in relation to a minor risk breach or an excessive overloading offence, the person charged has the benefit of the reasonable steps defence for the offence. ‘(3) In a proceeding for an offence against subsection (1) in relation to a substantial risk breach or a dangerous overloading offence, the person charged has the benefit of the reasonable steps defence for the offence but only so far as it relates to reliance on the weight stated in a container weight declaration. Editor’s note — See section 57G of the Act in relation to reliance on the container weight declaration.’. 9 Amendment of s 18 (Way of stating GVM) Section 18— insert— ‘(d) if the GVM has not been stated in a way mentioned in paragraph (a), (b) or (c)—stated by the vehicle registration authority.’. 2008 SL No. 313 Page 7

Transport Operations (Road Use Management—Mass, Dimensions and Loading) and OtherLegislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Transport Operations (Road Use Management—Mass, Dimensionsand Loading) Regulation 2005 [s 10] 10 Replacement of s 21 (Information and extended liability offences) Section 21— omit, insert— ‘21 Offences against this part ‘An offence against this part is an information offence for the Act, section 50.’. 11 Insertion of new pt 2A After part 2— insert— ‘Part 2A Container weight declarations ‘21A Application of pt 2A ‘This part applies to a freight container that is consigned for transport by road, or for transport partly by road and partly by some other means. ‘21B Meaning of complying container weight declaration ‘A container weight declaration for a freight container is a complying container weight declaration if— (a) it contains the following additional information— (i) the number and other particulars of the freight container necessary to identify the container; (ii) the name and residential address or business address in Australia of the responsible entity for the freight container; (iii) the date of the declaration; and (b) it is written and easily legible; and Page 8 2008 SL No. 313

Transport Operations (Road Use Management—Mass, Dimensions and Loading) and OtherLegislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Transport Operations (Road Use Management—Mass, Dimensionsand Loading) Regulation 2005 [s 11] Note — Under the ActsInterpretationAct1954 , section 36, writing includes any mode of representing or reproducing words in a visible form. (c) the information in the container weight declaration is in a form that is readily available to an authorised officer who seeks to ascertain it while in the presence of the freight container, including, for example, by— (i) examining documents located in or on the heavy vehicle on which the freight container is loaded or to be loaded; or (ii) obtaining the information by radio or mobile telephone or by other means. ‘21C Duty of responsible entity ‘(1) This section applies in relation to the transport in Queensland of a freight container by a heavy vehicle. ‘(2) The responsible entity must not permit the operator or driver of the heavy vehicle to transport the freight container on a road in Queensland unless the operator or driver of the heavy vehicle has been provided with a complying container weight declaration for the freight container. Maximum penalty—80 penalty units. ‘(3) A person charged with an offence under this section has the benefit of the reasonable steps defence. ‘21D Duty of operator ‘(1) This section applies in relation to the transport in Queensland of a freight container by a heavy vehicle. ‘(2) The operator must not permit the driver of the heavy vehicle to transport the freight container on a road in Queensland unless the driver has been provided with a complying container weight declaration for the freight container. 2008 SL No. 313 Page 9

Transport Operations (Road Use Management—Mass, Dimensions and Loading) and OtherLegislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Transport Operations (Road Use Management—Mass, Dimensionsand Loading) Regulation 2005 [s 11] Maximum penalty—80 penalty units. ‘(3) If the freight container is to be transported by another carrier, the operator must not give the freight container to the carrier unless the carrier has been provided with a complying container weight declaration for the freight container (or the prescribed particulars contained in the declaration). Maximum penalty—80 penalty units. ‘(4) If the driver does not have the complying container weight declaration when transporting the freight container on a road in Queensland, the operator is taken to have contravened subsection (2) unless the operator establishes that the driver was provided with the declaration. ‘(5) A person charged with an offence under this section has the benefit of the reasonable steps defence. ‘(6) In this section— prescribed particulars , contained in a complying container weight declaration for a freight container, means— (a) information about the weight of the freight container and its contents; and (b) the information mentioned in section 21B(a). ‘21E Duty of driver ‘(1) A person must not drive a heavy vehicle loaded with a freight container on a road in Queensland unless the person has a container weight declaration for the container. Maximum penalty—80 penalty units. ‘(2) The driver of a heavy vehicle loaded with a freight container must, when driving the heavy vehicle on a road in Queensland, keep the complying container weight declaration for the container in or about the heavy vehicle in a way that enables the information in the container weight declaration to be readily available to an authorised officer who seeks to ascertain it while in the presence of the freight container. Page 10 2008 SL No. 313

Transport Operations (Road Use Management—Mass, Dimensions and Loading) and OtherLegislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Transport Operations (Road Use Management—Mass, Dimensionsand Loading) Regulation 2005 [s 12] Maximum penalty—80 penalty units. ‘(3) A person charged with an offence under subsection (1) or (2) has the benefit of the reasonable steps defence.’. 12 Amendment of s 24 (Length—motor vehicles) (1) Section 24, penalty— omit, insert— ‘Maximum penalty— (a) for a vehicle other than a heavy vehicle—40 penalty units; or (b) for a minor risk breach for a heavy vehicle—40 penalty units; or (c) for a substantial risk breach for a heavy vehicle—67 penalty units.’. (2) Section 24— insert— ‘(2) In a proceeding for an offence against subsection (1) in relation to a heavy vehicle, the person charged has the benefit of the reasonable steps defence for the offence.’. 13 Amendment of s 25 (Width) (1) Section 25(1), penalty— omit, insert— ‘Maximum penalty— (a) for a vehicle other than a heavy vehicle—40 penalty units; or (b) for a minor risk breach for a heavy vehicle—40 penalty units; or (c) for a substantial risk breach for a heavy vehicle—67 penalty units.’. 2008 SL No. 313 Page 11

Transport Operations (Road Use Management—Mass, Dimensions and Loading) and OtherLegislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Transport Operations (Road Use Management—Mass, Dimensionsand Loading) Regulation 2005 [s 14] (2) Section 25— insert— ‘(3) In a proceeding for an offence against subsection (1) in relation to a heavy vehicle, the person charged has the benefit of the reasonable steps defence for the offence. ‘(4) Nothing in this section affects a person’s liability for a contravention of section 34.’. 14 Amendment of s 26 (Height) (1) Section 26, penalty— omit, insert— ‘Maximum penalty— (a) for a vehicle other than a heavy vehicle—40 penalty units; or (b) for a minor risk breach for a heavy vehicle—40 penalty units; or (c) for a substantial risk breach for a heavy vehicle—67 penalty units.’. (2) Section 26— insert— ‘(2) In a proceeding for an offence against subsection (1) in relation to a heavy vehicle, the person charged has the benefit of the reasonable steps defence for the offence.’. 15 Amendment of s 34 (Limits on projection of loads—motor vehicles other than motorbikes) (1) Section 34(2), penalty— omit, insert— ‘Maximum penalty— (a) for a vehicle other than a heavy vehicle—20 penalty units; or Page 12 2008 SL No. 313

Transport Operations (Road Use Management—Mass, Dimensions and Loading) and OtherLegislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Transport Operations (Road Use Management—Mass, Dimensionsand Loading) Regulation 2005 [s 16] (b) for a minor risk breach for a heavy vehicle—34 penalty units; or (c) for a substantial risk breach for a heavy vehicle—67 penalty units.’. (2) Section 34— insert— ‘(5) In a proceeding for an offence against subsection (2) in relation to a heavy vehicle, the person charged has the benefit of the reasonable steps defence for the offence.’. 16 Replacement of pt 3, div 4 Part 3, division 4— omit, insert— ‘Division 4 Information offences ‘37 Offences against this part ‘An offence against this part is an information offence for the Act, section 50.’. 17 Amendment of s 39 (Definition for pt 4) Section 39, before ‘ loading requirement ’— insert— ‘ schedule 7 ’. 18 Amendment of s 40 (Compliance with requirements—vehicles) (1) Section 40, before ‘loading’— insert— ‘schedule 7’. 2008 SL No. 313 Page 13

Transport Operations (Road Use Management—Mass, Dimensions and Loading) and OtherLegislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Transport Operations (Road Use Management—Mass, Dimensionsand Loading) Regulation 2005 [s 19] (2) Section 40, penalty— omit, insert— ‘Maximum penalty— (a) for a private vehicle—20 penalty units; or (b) for a prescribed heavy vehicle other than a heavy vehicle—40 penalty units; or (c) for a minor risk breach for a heavy vehicle—40 penalty units; or (d) for a substantial risk breach for a heavy vehicle—67 penalty units.’. (3) Section 40— insert— ‘(2) In a proceeding for an offence against subsection (1) in relation to a heavy vehicle, the person charged has the benefit of the reasonable steps defence for the offence.’. 19 Amendment of s 41 (Compliance with requirements—trailers) (1) Section 41, before ‘loading’— insert— ‘schedule 7’. (2) Section 41, penalty— omit, insert— ‘Maximum penalty— (a) for a private vehicle—20 penalty units; or (b) for a prescribed heavy vehicle other than a heavy vehicle—40 penalty units; or (c) for a minor risk breach for a heavy vehicle—40 penalty units; or Page 14 2008 SL No. 313

Transport Operations (Road Use Management—Mass, Dimensions and Loading) and OtherLegislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Transport Operations (Road Use Management—Mass, Dimensionsand Loading) Regulation 2005 [s 20] (d) for a substantial risk breach for a heavy vehicle—67 penalty units.’. (3) Section 41— insert— ‘(2) In a proceeding for an offence against subsection (1) in relation to a heavy vehicle, the person charged has the benefit of the reasonable steps defence for the offence.’. 20 Amendment of s 42 (Compliance with requirements—combinations) (1) Section 42, before ‘loading’— insert— ‘schedule 7’. (2) Section 42, penalty— omit, insert— ‘Maximum penalty— (a) for a private vehicle—20 penalty units; or (b) for a prescribed heavy vehicle other than a heavy vehicle—40 penalty units; or (c) for a minor risk breach for a heavy vehicle—40 penalty units; or (d) for a substantial risk breach for a heavy vehicle—67 penalty units.’. (3) Section 42— insert— ‘(2) In a proceeding for an offence against subsection (1) in relation to a heavy vehicle, the person charged has the benefit of the reasonable steps defence for the offence.’. 2008 SL No. 313 Page 15

Transport Operations (Road Use Management—Mass, Dimensions and Loading) and OtherLegislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Transport Operations (Road Use Management—Mass, Dimensionsand Loading) Regulation 2005 [s 21] 21 Amendment of s 43 (Proof of loading offences) Section 43, before ‘loading’— insert— ‘schedule 7’. 22 Replacement of s 44 (Information and extended liability offences) Section 44— omit, insert— ‘44 Offences against this part ‘An offence against this part is an information offence for the Act, section 50.’. 23 Insertion of new pt 6B After part 6A— insert— ‘Part 6B Reasonable steps defence ‘55ZU What is the reasonable steps defence ‘If, under this regulation, a person has the benefit of the reasonable steps defence in relation to an offence against a provision of this regulation, it is a defence to a charge for an offence against the provision if the person charged establishes that — (a) the person did not know, and could not reasonably be expected to have known, of the contravention concerned; and (b) either— (i) the person took all reasonable steps to prevent the contravention; or Page 16 2008 SL No. 313

Transport Operations (Road Use Management—Mass, Dimensions and Loading) and OtherLegislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Transport Operations (Road Use Management—Mass, Dimensionsand Loading) Regulation 2005 [s 23] (ii) there were no steps the person could reasonably be expected to have taken to prevent the contravention. ‘55ZV Matters court may consider for deciding whether person took all reasonable steps ‘(1) This section applies in relation to proceedings for an offence against a provision of this regulation if the person charged has the benefit of the reasonable steps defence. ‘(2) Without limiting section 55ZU, in deciding whether things done or omitted to be done by the person charged with the offence to which the proceedings relate constitute reasonable steps, the court may have regard to the matters mentioned in section 57DA(1)(a) to (e) of the Act. ‘(3) For applying the matters mentioned in section 57DA(1)(a) to(e) of the Actto the proceedings, a reference in section 57DA(1)(a) to (e) of the Act to a contravention is taken to be a reference to the contravention constituting the offence to which the proceedings relate. ‘55ZW Application of s 57E of Act to offences against this regulation ‘Section 57E of the Act also applies to a provision of this regulation that provides that a person may avoid liability, or is not liable, for an offence if the person took all reasonable steps in relation to a matter. ‘55ZX Application of s 57F of Act to offences against this regulation ‘(1) Section 57F(2) to (4) of the Act also applies for deciding whether a person charged with an offence against a provision of this regulation, if the person charged has the benefit of the reasonable steps defence, took all reasonable steps to prevent the contravention constituting the offence. 2008 SL No. 313 Page 17

Transport Operations (Road Use Management—Mass, Dimensions and Loading) and OtherLegislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Transport Operations (Road Use Management—Mass, Dimensionsand Loading) Regulation 2005 [s 24] ‘(2) Section 57F(2)to(4) of the Actas applied to an offence against a provision of this regulation under subsection (1) does not limit the circumstances in which the person charged with the offence is to be regarded as having taken all reasonable steps.’. 24 Insertion of new pt 8, div 1 hdg After part 8, heading— insert— ‘Division 1 Transitional provisions for Transport Operations (Road UseManagement—Mass, Dimensionsand Loading) Regulation 2005’. 25 Replacement of s 59 hdg (Definition for pt 8) Section 59, heading— omit, insert— ‘59 Definition for div 1’. 26 Insertion of new pt 8, div 2 Part 8— insert— ‘Division 2 Transitional provision for Transport Operations (Road Use Management—Mass, Dimensions and Loading) and Other Legislation Amendment Regulation (No. 1) 20088 Page 18 2008 SL No. 313

Transport Operations (Road Use Management—Mass, Dimensions and Loading) and OtherLegislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Transport Operations (Road Use Management—Mass, Dimensionsand Loading) Regulation 2005 [s 27] ‘62 Offences against pre-amended regulation ‘(1) If a person was or is charged with an offence against the pre-amended regulation for an act done or omission made before the commencement of the Transport Operations (Road Use Management—Mass, Dimensions and Loading) and Other Legislation Amendment Regulation (No. 1) 20088 and the offence, or the penalty for the offence, has been amended by that regulation, the amendment does not affect the liability of the person for the act or omission. ‘(2) In this section— pre-amended regulation means this regulation as in force before the commencement of the Transport Operations (Road Use Management—Mass, Dimensions and Loading) and Other Legislation Amendment Regulation (No. 1) 20088 .’. 27 Amendment of sch 11 (Dictionary) (1) Schedule 11, definitions dangerous overloading offence, excessive overloading offence, extreme overloading offence and prime mover — omit. (2) Schedule 11— insert— ‘ complying container weight declaration see section 21B. dangerous overloading offence means an offence committed when a vehicle is loaded to at least 105% of a mass requirement that applies in relation to a component of the vehicle. excessive overloading offence means an offence committed when a vehicle is loaded to more than 100% but less than 105% of a mass requirement that applies in relation to a component of the vehicle.’. 2008 SL No. 313 Page 19

Transport Operations (Road Use Management—Mass, Dimensions and Loading) and OtherLegislation Amendment Regulation (No. 1) 2008 Part 3 Amendment of State Penalties Enforcement Regulation 2000 [s 28] Part 3 Amendment of State Penalties Enforcement Regulation 2000 28 Regulation amended in pt 3 This part amends the State Penalties Enforcement Regulation2000. 29 Amendment of sch 3 (Transport legislation) Schedule 3, entry for TransportOperations(RoadUseManagement—Mass,DimensionsandLoading)Regulation2005— omit, insert— ‘ Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 Column 1 Infringement notice offence Column 2 Infringement notice fine (penalty units) s 7 for a minor risk breach . . . . . . . . . . . . . . . for a substantial risk breach . . . . . . . . . . . for an excessive overloading offence . . . . for a dangerous overloading offence. . . . . s 8 for a minor risk breach . . . . . . . . . . . . . . . for a substantial risk breach . . . . . . . . . . . for an excessive overloading offence . . . . for a dangerous overloading offence. . . . . s 9 for a minor risk breach . . . . . . . . . . . . . . . for a substantial risk breach . . . . . . . . . . . for an excessive overloading offence . . . . for a dangerous overloading offence. . . . . s 21C(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 4 8 4 8 4 8 4 8 4 8 8 Page 20 2008 SL No. 313

Transport Operations (Road Use Management—Mass, Dimensions and Loading) and OtherLegislation Amendment Regulation (No. 1) 2008 Part 3 Amendment of State Penalties Enforcement Regulation 2000 [s 29] s 21D(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 21D(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 21E(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 21E(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 24(1) for a vehicle other than a heavy vehicle . . for a minor risk breach for a heavy vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . for a substantial risk breach for a heavy vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 25(1) for a vehicle other than a heavy vehicle . . for a minor risk breach for a heavy vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . for a substantial risk breach for a heavy vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 26(1) for a vehicle other than a heavy vehicle . . for a minor risk breach for a heavy vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . for a substantial risk breach for a heavy vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 27(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 28(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 29(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 30(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 33(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 33(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 34(2) for a vehicle other than a heavy vehicle . . for a minor risk breach for a heavy vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . for a substantial risk breach for a heavy vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 34(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 35(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 40(1) for a private vehicle. . . . . . . . . . . . . . . . . . 8 8 8 8 4 4 7 4 4 7 4 4 7 1 1 1 1 2 / 3 2 / 3 2 / 3 4 7 2 / 3 2 / 3 2 2008 SL No. 313 Page 21

Transport Operations (Road Use Management—Mass, Dimensions and Loading) and OtherLegislation Amendment Regulation (No. 1) 2008 Part 3 Amendment of State Penalties Enforcement Regulation 2000 [s 29] for a prescribed heavy vehicle other than a a heavy vehicle . . . . . . . . . . . . . . . . . . . . . for a minor risk breach for a heavy vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . for a substantial risk breach for a heavy vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 41(1) for a private vehicle. . . . . . . . . . . . . . . . . . for a prescribed heavy vehicle other than a a heavy vehicle . . . . . . . . . . . . . . . . . . . . . for a minor risk breach for a heavy vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . for a substantial risk breach for a heavy vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 42(1) for a private vehicle. . . . . . . . . . . . . . . . . . for a prescribed heavy vehicle other than a a heavy vehicle . . . . . . . . . . . . . . . . . . . . . for a minor risk breach for a heavy vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . for a substantial risk breach for a heavy vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 50(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 55(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 7 2 4 4 7 2 4 4 7 4 4 Authorised person for service of infringement notices —an authorised officer under the Transport Operations (Road Use Management) Act 1995 , section 20.’. ENDNOTES 1 Made by the Governor in Council on 18 September 2008. 2 Notified in the gazette on 19 September 2008. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Transport. Page 22 2008 SL No. 313

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