Untitled document

Road Safety (General) (Heavy Vehicle Safety) Regulations 2005

S.R. No. 126/2005

TABLE OF PROVISIONS

Regulation  Page

1.Objectives

2.Authorising provision

3.Principal Regulations

4.New Parts 4A and 4B inserted

PART 4A—NOTICE OF REASONABLE STEPS DEFENCE

414. Information to be provided regarding reasonable steps defence

PART 4B—INSPECTIONS AND SEARCHES CONCERNING HEAVY VEHICLES

415.Embargo notice

416.Information to be provided by registered operator

5.Amendments to Schedule 4

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ENDNOTES

STATUTORY RULES 2005

S.R. No. 126/2005

Road Safety Act 1986

Road Safety (General) (Heavy Vehicle Safety) Regulations 2005

The Governor in Council makes the following Regulations:

Dated: 11 October 2005

Responsible Minister:

PETER BATCHELOR
Minister for Transport

RUTH LEACH

Clerk of the Executive Council

1.Objectives

The objectives of these Regulations are—

(a)to prescribe as infringements for the purposes of Part 7 of the Road Safety Act 1986 certain offences that involve breaches of the mass, width, length and height limits and the load restraint requirements that apply to heavy vehicles; and

(b)to specify the details that are to be contained in any embargo notice that is issued under section 142 of that Act, and in any statutory declaration that is made for the purposes of section 201 of that Act; and

(c)to require certain infringement notices to be accompanied by information about a defence that applies to the offences in respect of which the notices are issued.

2.Authorising provision

These Regulations are made under section 95 of the Road Safety Act 1986.

3.Principal Regulations

In these Regulations, the Road Safety (General) Regulations 1999[1] are called the Principal Regulations.

4.New Parts 4A and 4B inserted

After Part 4 of the Principal Regulations insert—

'PART 4A—NOTICE OF REASONABLE STEPS DEFENCE

414.Information to be provided regarding reasonable steps defence

A traffic infringement notice to which the reasonable steps defence applies must be accompanied by a notice—

(a)advising the person to whom it is to be issued that that defence applies to the offence; and

(b)setting out a copy of sections 179 and 180 of the Act.

Note:This regulation applies to the following offences under the Road Safety Act1986—

(a)a breach of section 174 or 175 where the vehicle is in breach of a mass limit that is a substantial risk breach, so far as the reasonable steps defence relates to reliance on the weight stated in a container weight declaration; and

(b)a breach of section 184, 185 or 186.

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PART 4B—INSPECTIONS AND SEARCHES CONCERNING HEAVY VEHICLES

415.Embargo notice

An embargo notice under section 142(2) of the Act must contain the following details in addition to the matters required by sections 142(4)(b) and 142(4)(c) of the Act—

(a)a description of the thing that has been embargoed; and

(b)either the name of the person on whom the notice was served or a statement that the notice has been affixed to the thing; and

(c)the name, signature and business telephone number of the inspector who issued the notice; and

(d)the date on which the notice was served or affixed.

416.Information to be provided by registered operator

(1)For the purposes of section 201(5) of the Act, in addition to the name and address of the operator of the vehicle at the time of the offence ("the operator"), the registered operator must include the following information in a statutory declaration made for the purposes of that section—

(a)if the vehicle was not physically connected to any other vehicle at the time of the offence—

(i)a statement setting out by, or under, what or whose authority (whether oral or written) the operator had control, use or management of the vehicle at the time of the offence; and

(ii)the address of any premises (other than the address of the operator) from which the operator, or a person acting on behalf of the operator, had the control, use or management of the vehicle at the time of the offence;

(b)if the vehicle was part of a group of vehicles that were physically connected at the time of the offence—

(i)if the vehicle was the towing a vehicle, the name and address of the operator of every other vehicle forming part of the group at the time of the offence; and

(ii)if the vehicle was a trailer, the name and address of the operator of the towing vehicle; and

(iii)a statement setting out by, or under, what or whose authority (whether oral or written) the operator had control, use or management of the vehicle at the time of the offence; and

(iv)the address of any premises (other than the address of the operator) from which the operator, or a person acting on behalf of the operator, had the control, use or management of the vehicle at the time of the offence.

(2)For the purpose of section 201(5) of the Act, the time within which the statutory declaration must be given to the Corporation is—

(a)before, or within 28 days after, the service of a summons in respect of the offence; or

(b)if an infringement notice was served on the registered operator in respect of the offence, before the infringement penalty is registered under Schedule 7 to the Magistrates' Court Act 1989.

(3)For the purpose of section 201(5) of the Act, the statutory declaration must be given to the Corporation by delivering it personally or by post.

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5.Amendments to Schedule 4

In Schedule 4 to the Principal Regulations, for the heading "Mass and Dimension Limits" and the entries in respect of offence codes 2174 to 2178 substitute—

"Mass Limits
4451	Operator of vehicle in breach of mass limit—minor risk breach, where operator is a body corporate	RSA 174(1)	7×5 penalty units
4452	Operator of vehicle in breach of mass limit—minor risk breach, where the operator is not a body corporate	RSA 174(1)	1×5 penalty units
4453	Operator of vehicle in breach of mass limit—substantial risk breach, 5% or more excess but less than 10% excess, where operator is a body corporate	RSA 174(1)	10 penalty units
4454	Operator of vehicle in breach of mass limit—substantial risk breach, 5% or more excess but less than 10% excess, where operator is not a body corporate	RSA 174(1)	2 penalty units
4455	Operator of vehicle in breach of mass limit—substantial risk breach, 10% or more excess but less than 15% excess, where operator is a body corporate	RSA 174(1)	20 penalty units
4456	Operator of vehicle in breach of mass limit—substantial risk breach, 10% or more excess but less than 15% excess, where operator is not a body corporate	RSA 174(1)	4 penalty units
4457	Operator of vehicle in breach of mass limit—substantial risk breach, 15% or more excess but less than 20% excess, where operator is a body corporate	RSA 174(1)	20 penalty units
4458	Operator of vehicle in breach of mass limit—substantial risk breach, 15% or more excess but less than 20% excess, where operator is not a body corporate	RSA 174(1)	10 penalty units
4459	Driver of vehicle in breach of mass limit—minor risk breach	RSA 175(1)	1×5 penalty units
4460	Driver of vehicle in breach of mass limit—substantial risk breach, 5% or more excess but less than 10% excess	RSA 175(1)	2 penalty units
4461	Driver of vehicle in breach of mass limit—substantial risk breach, 10% or more excess but less than 15% excess	RSA 175(1)	4 penalty units

4462	Driver of vehicle in breach of mass limit—substantial risk breach, 15% or more excess but less than 20% excess	RSA 175(1)	10 penalty units
Limits and requirements other than mass limits
4463	Operator of vehicle in breach of width, length or height limit or load restraint requirement—minor risk breach, where operator is a body corporate	RSA 174(1)	7.5 penalty units
4464	Operator of vehicle in breach of width, length or height limit or load restraint requirement—minor risk breach, where operator is not a body corporate	RSA 174(1)	1.5 penalty units
4465	Operator of vehicle in breach of width, length or height limit or load restraint requirement—substantial risk breach, where operator is a body corporate	RSA 174(1)	20 penalty units
4466	Operator of vehicle in breach of width, length or height limit or load restraint requirement—substantial risk breach, where operator is not a body corporate	RSA 174(1)	4 penalty units
4467	Driver of vehicle in breach of width, length or height limit or load restraint requirement—minor risk breach	RSA 175(1)	1×5 penalty units
4468	Driver of vehicle in breach of width, length or height limit or load restraint requirement—substantial risk breach	RSA 175(1)	4 penalty units
4469	Consignor fail to provide complying container weight declaration, where consignor is a body corporate	RSA 184(2)	20 penalty units
4470	Consignor fail to provide complying container weight declaration, where consignor is not a body corporate	RSA 184(2)	4 penalty units
4471	Operator fail to ensure container weight declaration provided, where operator is a body corporate	RSA 185(2), 185(3)	20 penalty units
4472	Operator fail to ensure container weight declaration provided, where operator is not a body corporate	RSA 185(2), 185(3)	4 penalty units
4473	Driver fail to obtain or keep container weight declaration	RSA 186(1), 186(2)	4 penalty units
4474	Use vehicle exceeding permitted dimensions	RS(V)R 418(1)	1×65 penalty units
Directions and orders
4475	Failure by a body corporate to comply with a direction of inspector	RSA 168(1)	20 penalty units
4476	Failure by a person other than a body corporate to comply with a direction of inspector	RSA 168(1)	10 penalty units
4477	Failure by a body corporate to comply with condition imposed under direction or authorisation	RSA 168(2)	20 penalty units
4478	Failure by a person other than a body corporate to comply with condition imposed under direction or authorisation	RSA 168(2)	10 penalty units.".

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ENDNOTES

[1] Reg. 3: S.R. No. 27/1999.  Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002 and subsequently amended by S.R. Nos 87/2003, 88/2004, 132/2004, 159/2004, 68/2005 and 120/2005.