Part 3.3 Special provisions—mass, dimension and load restraint requirements for heavy vehicles

Division 1 Preliminary

29   Operation of this Part

(cf model provisions ss 5 (2), 64)

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.

Division 2 Categorisation of breaches

Subdivision 1 Categories of breaches

30   Categories generally

(cf model provisions, s 67)

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.

31   Minor risk breaches

(cf model provisions, s 68)

(1) Mass requirement
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.

(2) Dimension 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.

(3) Load restraint 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.

32   Substantial risk breaches

(cf model provisions, s 69)

(1) Mass requirement
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.

(2) Dimension 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.

(3) Load restraint 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.

33   Severe risk breaches

(cf model provisions, s 70)

(1) Mass requirement
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.

(2) Dimension 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.

(3) Load restraint 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.

Subdivision 2 Lower limits (for substantial or severe risk breaches of mass or dimension requirements)

34   Lower limits—mass breaches

(cf model provisions, s 71)

(1)  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.

(2) Substantial risk breach
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.

Note. 105% of the maximum permissible mass is equivalent to the permissible mass plus an additional 5%.

(3) Severe risk breach
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.

Note. 120% of the maximum permissible mass is equivalent to the permissible mass plus an additional 20%.

35   Lower limits—width breaches

(cf model provisions, s 72)

(1)  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.

(2)  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.

(3) Substantial risk breach
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.

(4) Severe risk breach
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.

36   Lower limits—width breaches: overall width of vehicle or combination

(cf model provisions, s 73)

(1)  This section applies to a dimension requirement imposed by reference to the overall width of a vehicle or combination with or without a load.

(2)  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.

(3)  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.

(4)  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.

(5) Substantial risk breach
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.

(6) Severe risk breach
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.

37   Lower limits—height breaches

(cf model provisions, s 74)

(1)  This section applies to a dimension requirement imposed by reference to the overall height of a vehicle or combination with or without a load.

(2) Substantial risk breach
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.

(3) Severe risk breach
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.

38   Lower limits—overall length breaches

(cf model provisions, s 75)

(1)  This section applies to a dimension requirement imposed by reference to the overall length of a vehicle or combination with or without a load.

(2) Substantial risk breach
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.

(3) Severe risk breach
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.

Subdivision 3 Recategorisation of certain breaches

39   Lower limits—width breaches: recategorisation of certain breaches

(cf model provisions, s 76)

(1)  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.

(2)  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.

(3)  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.

40   Lower limits—overall length breaches: recategorisation of certain breaches involving rear projections

(cf model provisions, s 77)

(1)  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.

Note. 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.

(2)  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.

(3)  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.

41   Lower limits—dimension breaches: recategorisation of certain breaches involving dangerous projections

(cf model provisions, s 78)

(1)  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.

Note. 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.

(2)  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.

(3)  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.

Subdivision 4 Miscellaneous

42   Regulations for increasing lower limits

(cf model provisions, s 79)

(1)  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.

(2)  The regulations must not specify a limit that is lower than that provided by the relevant provision of Subdivision 2.

(3)  The regulations may provide that a specified limit or method applies generally or in specified classes of cases.

Note. This section enables higher breakpoints to be applied because of there being less risk associated with a particular breach.

43   Special categorisation of breaches of requirements relating to dangerous projections

(cf model provisions, s 80)

(1)  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.

(2)  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.

(3)  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.

44   Other provisions for categorisation to prevail

(cf model provisions, s 81)

This Division has effect subject to any other provisions of the applicable road laws.

Division 3 Enforcement powers

Note. 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.

45   Minor risk breaches

(cf model provisions, s 82)

(1) Application of section
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.

(2) Authorisation or direction
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.

Note. 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.

(3) Particular circumstances
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.

(4) Conditions
A direction may be given under this section unconditionally or subject to conditions imposed by the officer.

(5) Offences
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).

(6) Definitions
In this section:

prescribed distance means a distance (in any direction) within a radius of 30 kilometres of:

(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.

suitable location means a location that the officer believes on reasonable grounds to be suitable for the purpose of complying with the direction, having regard to any matters the officer considers relevant in the circumstances.

46   Substantial risk breaches

(cf model provisions, s 83)

(1) Application of section
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.

(2) Direction
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.

(3) Particular circumstances
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.

(4) Particular instructions
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.

(5) Conditions
A direction may be given under this section unconditionally or subject to conditions imposed by the officer.

(6) Offences
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).

(7) Definition
In this section:

suitable location means a location that the officer believes on reasonable grounds to be suitable for the purpose of complying with the direction, having regard to any matters the officer considers relevant in the circumstances.

(8)  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.

47   Severe risk breaches

(cf model provisions, s 84)

(1) Application of 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.

(2) Direction
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.

(3) Particular circumstances
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.

(4) Particular instructions
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.

(5) Conditions
A direction may be given under this section unconditionally or subject to conditions imposed by the officer.

(6) Offences
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).

(7) Definitions
In this section:

risk of harm to public safety does not (subject to subsection (9)) include risk of harm to the safety of the vehicle or combination or any load in or on it, but does include risk of harm to the safety of people or live animals in or on it.

Note. Subsection (9) ensures that the officer may take excluded matters into account in particular circumstances.

safe location means a location that the officer believes on reasonable grounds poses a reduced risk or no appreciable risk of harm to public safety, the environment, road infrastructure or public amenity.

(8)  Nothing in the definition of risk of harm to public safety in subsection (7), or in any other provision of this section, prevents the officer from taking into account the safety of the vehicle or combination or any load in or on it if the officer believes on reasonable grounds he or she can do so without prejudicing the safety of other property or of people, the environment, road infrastructure or public amenity.

48   Detention of vehicles

(cf Roads Act, s 232)

(1)  This section applies if a direction is given under this Division.

(2)  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.

(3)  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.

(4)  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.

49   Authorisation to continue journey where only minor risk breaches

(cf model provisions, s 85)

(1) Application of section
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.

(2) Authorisation to continue journey
The officer may authorise the driver of the vehicle or combination to continue its journey.

(3) Conditions
An authorisation may be granted under this section unconditionally or subject to conditions imposed by the officer.

(4) Offences
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.

50   Operation of directions in relation to combinations

(cf model provisions, s 86)

(1)  This section applies where a direction is given under this Division in relation to a combination.

(2)  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.

(3)  Subsection (2) does not apply where a condition of the direction prevents the component vehicle from being separately driven or moved.

(4)  In this section:

component vehicle of a combination means a towing vehicle or trailer of the combination.

51   Directions and authorisations to be in writing

(cf model provisions, s 87)

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.

52   Application of Division in relation to other directions

(cf model provisions, s 88)

This Division applies to a vehicle or combination regardless of whether or not the vehicle or combination is, has been or becomes the subject of a direction under Part 4.2.

Division 4 Liability for breaches of mass, dimension or load restraint requirements

53   Liability of consignor

(cf model provisions, s 91)

(1)  A person is guilty of an offence if:

(a)  a breach of a mass, dimension or load restraint requirement occurs, and

(b)  the person is the consignor of any goods that are in or on the vehicle or combination concerned.

Maximum penalty: see Table to Division.

(2)  A person is guilty an offence if:

(a)  the weight of a freight container containing goods consigned for road transport exceeds the maximum gross weight as marked on the container or on the container’s safety approval plate, and

(b)  the person is the consignor of any of the goods contained in the freight container.

Maximum penalty:

(a)  first offence—50 penalty units (in the case of an individual) or 250 penalty units (in the case of a corporation), or

(b)  subsequent offence—100 penalty units (in the case of an individual) or 500 penalty units (in the case of a corporation).

(3)  A person prosecuted for an offence under this section has the benefit of the reasonable steps defence for an offence under this section.

54   Liability of packer

(cf model provisions, s 92)

(1)  A person is guilty of an offence if:

(a)  a breach of a mass, dimension or load restraint requirement occurs, and

(b)  the person is the packer of any goods that are in or on the vehicle or combination concerned.

Maximum penalty: see Table to Division.

(2)  A person is guilty of an offence if:

(a)  the weight of a freight container containing goods consigned for road transport exceeds the maximum gross weight as marked on the container or on the container’s safety approval plate, and

(b)  the person is the packer of any of the goods contained in the freight container.

Maximum penalty:

(a)  first offence—50 penalty units (in the case of an individual) or 250 penalty units (in the case of a corporation), or

(b)  subsequent offence—100 penalty units (in the case of an individual) or 500 penalty units (in the case of a corporation).

(3)  A person prosecuted for an offence under this section has the benefit of the reasonable steps defence for an offence under this section.

55   Liability of loader

(cf model provisions, s 93)

(1)  A person is guilty of an offence if:

(a)  a breach of a mass, dimension or load restraint requirement occurs, and

(b)  the person is the loader of any goods that are in or on the vehicle or combination concerned.

Maximum penalty: see Table to Division.

(2)  A person prosecuted for an offence under this section has the benefit of the reasonable steps defence for an offence under this section.

56   Liability of operator

(cf model provisions, s 94)

(1)  A person is guilty of an offence if:

(a)  a breach of a mass, dimension or load restraint requirement occurs, and

(b)  the person is the operator of the vehicle or combination concerned.

Maximum penalty: see Table to Division.

(2)  If the breach concerned is a minor risk breach, a person prosecuted for an offence under this section has the benefit of the reasonable steps defence for an offence under this section.

(3)  If the breach concerned is a substantial risk breach or a severe risk breach of a mass requirement, a person prosecuted for an offence under this section has the benefit of the reasonable steps defence for an offence under this section.

57   Liability of driver

(cf model provisions, s 95)

(1)  A person is guilty of an offence if:

(a)  a breach of a mass, dimension or load restraint requirement occurs, and

(b)  the person is the driver of the vehicle or combination concerned.

Maximum penalty: see Table to Division.

(2)  If the breach concerned is a minor risk breach, a person prosecuted for an offence under this section has the benefit of the reasonable steps defence for an offence under this section.

(3)  If the breach concerned is a substantial risk breach or a severe risk breach of a mass requirement, a person prosecuted for an offence under this section has the benefit of the reasonable steps defence for an offence under this section.

58   Liability of consignee

(cf model provisions, s 96)

(1)  A person who is a consignee of goods consigned for road transport is guilty of an offence if:

(a)  the person engages in conduct, and

(b)  that conduct results or is likely to result in inducing or rewarding a breach of a relevant mass, dimension or load restraint requirement, and

(c)  the person intends that result.

Note. Section 69 (Liability of consignee—knowledge of matters relating to container weight declaration) provides that a consignee is taken to have intended the result referred to in subsection (1) if the consignee knew or ought reasonably to have known that a container weight declaration was not provided as required or that a container weight declaration contained false or misleading information about the weight of a freight container.

(2)  A person who is a consignee of goods consigned for road transport is guilty of an offence if:

(a)  the person engages in conduct, and

(b)  that conduct results or is likely to result in inducing or rewarding a breach of a relevant mass, dimension or load restraint requirement, and

(c)  the person is reckless as to the matter mentioned in paragraph (b).

(3)  A person who is a consignee of goods consigned for road transport is guilty of an offence if:

(a)  the person engages in conduct, and

(b)  that conduct results or is likely to result in inducing or rewarding a breach of a relevant mass, dimension or load restraint requirement, and

(c)  the person is negligent as to the matter mentioned in paragraph (b).

Maximum penalty:

(a)  first offence—50 penalty units (in the case of an individual) or 250 penalty units (in the case of a corporation), or

(b)  subsequent offence—100 penalty units (in the case of an individual) or 500 penalty units (in the case of a corporation).

59   Penalty levels: offences referred to in Table to Division

(cf model provisions, s 131)

(1) Application of section
This section applies to the offences referred to in the Table to this Division.

(2) Penalties for individuals
A court may impose on an individual who is found guilty of an offence to which this section applies, being the first offence for which the offender has been found guilty under the provision concerned, a penalty not exceeding the maximum penalty indicated in respect of the offence in Column 2 of the Table to this Division.

(3)  A court may impose on an individual who is found guilty of an offence to which this section applies, being the second or any subsequent offence for which the offender has been found guilty under the provision concerned, a penalty not exceeding the maximum penalty indicated in respect of the offence in Column 3 of the Table to this Division.

(4) Penalties for bodies corporate
A court may impose on a body corporate that is found guilty of an offence to which this section applies, being the first offence for which the offender has been found guilty under the provision concerned, a penalty not exceeding the maximum penalty indicated in respect of the offence in Column 4 of the Table to this Division.

(5)  A court may impose on a body corporate that is found guilty of an offence to which this section applies, being the second or any subsequent offence for which the offender has been found guilty under the provision concerned, a penalty not exceeding the maximum penalty indicated in respect of the offence in Column 5 of the Table to this Division.

Table of penalties for mass, dimension and load restraint breaches

Division 5 Sanctions

60   Matters to be taken into consideration by courts

(cf model provisions, s 97)

(1)  The purpose of this section is to bring to the attention of courts the general implications and consequences of breaches of mass, dimension or load restraint requirements when determining the kinds and levels of sanctions to be imposed.

(2)  In determining the sanctions (including the level of fine) that are to be imposed in respect of breaches of mass, dimension or load restraint requirements, a court is to take into consideration the classification of the breach under this Part and, having regard to that classification, the following matters:

(a)  minor risk breaches involve either or both of the following:

(i)  an appreciable risk of accelerated road wear,

(ii)  an appreciable risk of unfair commercial advantage,

(b)  substantial risk breaches involve one or more of the following:

(i)  a substantial risk of accelerated road wear,

(ii)  an appreciable risk of damage to road infrastructure,

(iii)  an appreciable risk of increased traffic congestion,

(iv)  an appreciable risk of diminished public amenity,

(v)  a substantial risk of unfair commercial advantage,

(c)  severe risk breaches involve one or more of the following:

(i)  an appreciable risk of harm to public safety or the environment,

(ii)  a serious risk of accelerated road wear,

(iii)  a serious risk of harm to road infrastructure,

(iv)  a serious risk of increased traffic congestion,

(v)  a serious risk of diminished public amenity,

(vi)  a serious risk of unfair commercial advantage.

(3)  Nothing in this section affects any other matters that may or must be taken into consideration by a court.

(4)  Nothing in this section authorises or requires a court to assign the breach to a different category of breach.

(5)  Nothing in this section requires evidence to be adduced in relation to the matters that are to be taken into consideration by a court pursuant to this section.

61   Default categorisation

(cf model provisions, s 98)

(1)  If a court is satisfied that there has been a breach of a mass, dimension or load restraint requirement but is not satisfied that the breach is a substantial risk breach or a severe risk breach, it may treat the breach as a minor risk breach.

(2)  If a court is satisfied that there has been a breach of a mass, dimension or load restraint requirement and that the breach is at least a substantial risk breach but is not satisfied that the breach is a severe risk breach, it may treat the breach as a substantial risk breach.

Division 6 Container weight declarations

62   Application of Division

(cf model provisions, s 99)

This Division applies to a freight container that is consigned for transport by road, or for transport partly by road and partly by some other means.

63   Meaning of “responsible entity”

(cf model provisions, s 100)

A responsible entity, in relation to a freight container, is:

(a)  the person who consigned the container for transport by road in this jurisdiction if the person was in Australia at the time of consignment, or

(b)  if there is no person as described in paragraph (a)—the person who in Australia, on behalf of the consignor, arranged for the transport of the container by road in this jurisdiction, or

(c)  if there is no person as described in paragraphs (a) and (b)—the person who in Australia physically offered the container for transport by road in this jurisdiction.

64   Container weight declarations

(cf model provisions, s 101)

(1)  A container weight declaration for a freight container is a declaration that states or purports to state the weight of the freight container and its contents.

(2)  Subject to the regulations, a container weight declaration:

(a)  may be comprised in one or more documents or other formats, including in electronic form, or

(b)  without limiting the above, may be comprised wholly or partly in a placard attached or affixed to the freight container.

65   Complying container weight declarations

(cf model provisions, s 102)

(1)  A container weight declaration for a freight container complies with this Division (a complying container weight declaration) if it contains the following additional information:

(a)  the number and other particulars of the freight container necessary to identify the container,

(b)  the name, home address or business address in Australia of the responsible entity,

(c)  the date of the declaration,

(d)  any other information required by the regulations.

(2)  However, a container weight declaration does not comply with this Division if:

(a)  the contents of the container weight declaration are not readily available to an authorised officer who seeks to ascertain its contents, then and there in the presence of the freight container (whether by examining documents located in or on the vehicle or combination or by obtaining the information by radio or mobile telephone or by any other means), or

(b)  it is not in a form that can be used or adapted for evidentiary purposes, or

(c)  it is not in a form that satisfies the requirements (if any) prescribed by the regulations.

66   Duty of responsible entity

(cf model provisions, s 103)

(1)  This section applies where a responsible entity offers a freight container to an operator for transport in this jurisdiction by a vehicle or combination.

(2)  The responsible entity must ensure that the operator or driver of the vehicle or combination is provided, before the start of the transport of the freight container in this jurisdiction, with a complying container weight declaration relating to the freight container.

(3)  The responsible entity is guilty of an offence if the responsible entity engages in conduct that contravenes subsection (2).

Maximum penalty: 40 penalty units (in the case of an individual) or 200 penalty units (in the case of a corporation).

(4)  A person prosecuted for an offence under this section has the benefit of the reasonable steps defence.

67   Duty of operator

(cf model provisions, s 104)

(1)  This section applies where an operator arranges for a freight container to be transported in this jurisdiction by a vehicle or combination.

(2)  The operator must ensure that the driver of the vehicle or combination is provided, before the start of the driver’s journey in the course of the transport of the freight container in this jurisdiction, with a complying container weight declaration relating to the freight container.

(3)  If the freight container is to be transported by another road or rail carrier, the operator must ensure that the other carrier is provided with a complying container weight declaration relating to the freight container (or with the prescribed particulars contained in the declaration) by the time the other carrier receives the freight container.

(4)  If the driver does not have a complying container weight declaration (or the prescribed particulars contained in the declaration), the operator is taken to have contravened subsection (2) unless the operator establishes that the driver was provided with the declaration (or the prescribed particulars).

(5)  The operator is guilty of an offence if the operator engages in conduct that contravenes subsection (2) or (3).

Maximum penalty: 60 penalty units (in the case of an individual) or 300 penalty units (in the case of a corporation).

(6)  A person prosecuted for an offence under this section has the benefit of the reasonable steps defence.

(7)  Any or all of subsections (2), (3) and (4) do not apply in circumstances prescribed by the regulations.

68   Duty of driver

(cf model provisions, s 105)

(1)  A person must not drive a vehicle or combination loaded with a freight container on a road in this jurisdiction without first having been provided with the relevant container weight declaration.

(2)  If a container weight declaration relating to a freight container is provided to a driver of a vehicle or combination with the container, the driver must, during the course of a journey in this jurisdiction, keep the declaration in or about the vehicle or combination or in a manner that enables it to be readily accessed from the vehicle or combination.

(3)  The driver is guilty of an offence if the driver engages in conduct that contravenes subsection (1) or (2).

Maximum penalty: 60 penalty units.

(4)  A person prosecuted for an offence under this section has the benefit of the reasonable steps defence.

69   Liability of consignee—knowledge of matters relating to container weight declaration

(cf model provisions, s 106)

Without limiting section 58 (Liability of consignee), a consignee of goods is taken to have intended the result referred to in section 58 (1) (b) if:

(a)  the conduct concerned related to a freight container, and

(b)  the person knew or ought reasonably to have known that:

(i)  a container weight declaration for the container was not provided as required by this Act, or

(ii)  a container weight declaration provided for the container contained information about the weight of the container and its contents that was false or misleading in a material particular.

Note. Section 58 (1) provides that a person who is a consignee of goods consigned for road transport is guilty of an offence if the person engages in conduct that results or is likely to result in inducing or rewarding a breach of a relevant mass, dimension or load restraint requirement and the person intends that result.

Division 7 Recovery of losses resulting from non-provision of or inaccurate container weight declarations

70   Recovery of losses for non-provision of container weight declaration

(cf model provisions, s 107)

(1)  This section applies where:

(a)  a container weight declaration has not been provided as required by this Act, and

(b)  a person suffered loss as a result of the non-provision of the declaration.

(2)  Any person (the plaintiff) has a right to recover under this Act, from the responsible entity for the freight container, the monetary value of any loss incurred by the plaintiff and consequent on the non-provision of the container weight declaration.

(3)  Losses that may be recovered include any or all of the following:

(a)  any loss incurred from delays in the delivery of the freight container or any goods contained in it or of other goods,

(b)  any loss incurred from spoliation of or damage to the goods,

(c)  any loss incurred from the need to provide another vehicle or combination, and any loss incurred from any delay in the provision of another vehicle or combination,

(d)  any costs or expenses incurred in weighing the freight container or any of its contents or both.

(4)  The plaintiff may enforce that right by bringing proceedings in a court of competent jurisdiction for an order for payment of the monetary value of the loss.

71   Recovery of losses for provision of inaccurate container weight declaration

(cf model provisions, s 108)

(1)  This section applies where:

(a)  a container weight declaration has been provided as required by this Act, and

(b)  the declaration contains information about a freight container:

(i)  that is false or misleading in a material particular by understating the weight of the container, or

(ii)  that is otherwise false or misleading in a material particular by indicating that the weight of the container is lower than its actual weight, and

(c)  a breach of a mass requirement occurred as a result of the reliance, by an operator or driver of a vehicle or combination, on the information in the declaration when transporting the container by road (whether or not enforcement action has been or may be taken in relation to the breach), and

(d)  the operator or driver of the vehicle or combination:

(i)  had at the time a reasonable belief that the vehicle or combination concerned was not in breach of a mass requirement, and

(ii)  did not know, and ought not reasonably to have known, at the time that the minimum weight stated in the declaration was lower than the actual weight of the container, and

(e)  a person suffered loss as a result of the provision of the declaration.

(2)  Any person (the plaintiff) has a right to recover under this Act, from the responsible entity for the freight container, the monetary value of any loss incurred by the plaintiff and consequent on the provision of the container weight declaration.

(3)  Losses that may be recovered under subsection (2) include any or all of the following:

(a)  any fine, infringement penalty or other penalty imposed on the plaintiff under an Australian applicable road law,

(b)  any fine, infringement penalty or other penalty imposed on an agent or employee of the plaintiff under an Australian applicable road law and reimbursed by the plaintiff,

(c)  any loss incurred from delays in the delivery of the freight container or any goods contained in it or of other goods,

(d)  any loss incurred from spoliation of or damage to the goods,

(e)  any loss incurred from the need to provide another vehicle or combination, and any loss incurred from any delay in the provision of another vehicle or combination,

(f)  any costs or expenses incurred in weighing the freight container or any of its contents or both.

(4)  The plaintiff may enforce that right by bringing proceedings in a court of competent jurisdiction for an order for payment of the monetary value of the loss.

72   Recovery of amount by responsible entity

(cf model provisions, s 109)

(1)  This section applies where an order under section 71 has been made or is being sought against a responsible entity for payment of the monetary value of any loss incurred by a person.

(2)  The responsible entity has a right to recover under this Act, from a person (the information provider) who provided the responsible entity with all or any of the information that was false or misleading, so much (the attributable amount) of the monetary value paid or payable by the responsible entity under the order as is attributable to that information.

(3)  The responsible entity may enforce that right by:

(a)  joining or seeking the joinder of the information provider in the proceedings for the order under section 71 and applying to the court for an order for payment of the attributable amount to be made when the order is made under that section, or

(b)  bringing separate proceedings in a court of competent jurisdiction for an order for payment of the attributable amount.

73   Assessment of monetary value or attributable amount

(cf model provisions, s 110)

(1)  In making an order under this Division, a court may assess:

(a)  the monetary value of any loss, as referred to in:

(i)  section 70 (Recovery of losses for non-provision of container weight declaration), or

(ii)  section 71 (Recovery of losses for provision of inaccurate container weight declaration), or

(b)  the attributable amount, as referred to in section 72 (Recovery of amount by responsible entity),

      in such manner as the court considers appropriate.

(2)  In making such an assessment, the court may take into account such matters as it considers relevant, including any evidence adduced in connection with any prosecution brought for a breach referred to in section 71.

74   Costs

(cf model provisions, s 111)

(1)  A court may award costs in relation to the proceedings for an order under this Division.

(2)  A court may, in proceedings for an order under this Division, order payment of any costs or expenses incurred in weighing a freight container or any of its contents or both, where:

(a)  the minimum weight stated in the container weight declaration concerned was lower than the actual weight, or

(b)  a container weight declaration was not provided.

(3)  An order under subsection (2) may be made in favour of a party to the proceedings, an Australian Authority or a public authority of this or any other jurisdiction.

Division 8 Transport documentation

75   False or misleading transport documentation: liability of consignor, packer, loader, receiver and others

(cf model provisions, s 112)

(1) Application of section
This section applies where goods are consigned for transport by road, or for transport partly by road and partly by some other means, and where all or any part of the transport by road occurs or is to occur in this jurisdiction.

(2) Liability of consignor
A person is guilty of an offence if:

(a)  the transport documentation relating to the consignment is false or misleading in a material particular relating to the mass, dimension or load restraint of any or all of the goods consigned, and

(b)  the person is the consignor of the goods.

(3) Liability of packer
A person is guilty of an offence if:

(a)  the goods are packed in Australia in a freight container or other container or in a package or on a pallet for transport by road, and

(b)  the transport documentation relating to the consignment is false or misleading in a material particular relating to the mass, dimension or load restraint of any or all of the goods consigned, and

(c)  the person is the packer of the goods.

(4) Liability of loader
A person is guilty of an offence if:

(a)  the goods are loaded on a vehicle or combination for transport by road, and

(b)  the transport documentation relating to the consignment is false or misleading in a material particular relating to the mass, dimension or load restraint of any or all of the goods consigned, and

(c)  the person is the loader of the goods.

(5) Liability of receiver
A person is guilty of an offence if:

(a)  the goods are packed outside Australia in a freight container or other container or in a package or on a pallet for transport by road, and

(b)  the transport documentation relating to the consignment is false or misleading in a material particular relating to the mass, dimension or load restraint of any or all of the goods consigned, and

(c)  the person is the receiver of the goods in Australia.

(6) Container weight declaration—liability of responsible entity
A person is guilty of an offence if:

(a)  a container weight declaration provided to an operator of a vehicle or combination contains information that is false or misleading in a material particular, and

(b)  the person is the responsible entity who offered the freight container concerned to the operator for transport.

(7) Container weight declaration—liability of operator
A person is guilty of an offence if:

(a)  a container weight declaration provided to a driver of a vehicle or combination contains information that is false or misleading in a material particular, and

(b)  the person is the operator of the vehicle or combination who arranged for the freight container concerned to be transported in this jurisdiction.

(8) Container weight declaration—certain information not misleading
Information in a container weight declaration is not false or misleading for the purposes of this Act merely because it overstates the actual weight of the freight container and its contents.

(9) Reasonable steps defence
A person prosecuted for an offence under this section has the benefit of the reasonable steps defence.

Note. Section 89 (Reasonable steps defence—reliance on container weight declaration) makes provision for reliance on a container weight declaration where an operator or driver is charged with an offence involving a breach of a mass requirement and is seeking to rely on the reasonable steps defence.

(10) Definition
In this section:

receiver of goods in Australia means:

(a)  the person who first receives them in Australia, otherwise than as the person who merely unloads them, or

(b)  the person who unpacks the goods after they are first unloaded in Australia,

      but does not include a class of persons declared by the regulations to be excluded from this definition.

Maximum penalty:

(a)  first offence—50 penalty units (in the case of an individual) or 250 penalty units (in the case of a corporation), or

(b)  subsequent offence—100 penalty units (in the case of an individual) or 500 penalty units (in the case of a corporation).

Division 9 Concessions

76   Definitions

(cf model provisions, s 113)

In this Division:

condition of a mass, dimension, load restraint or access concession means a term or condition specified in or otherwise applicable to the concession, being:

(a)  a term or condition that imposes a different requirement in place of a requirement contained in the provision of an applicable road law from which the holder of the concession is exempted, or

(b)  any other term or condition subject to which the concession has effect.

mass, dimension, load restraint or access concession means a permit, authorisation, approval, exemption, notice or anything else that is granted or issued in writing under an applicable road law and that exempts a person from a provision of an applicable road law in relation to a mass, dimension, load restraint or access requirement, and includes an excess permit under section 27.

77   Offence of contravening condition

(cf model provisions, s 114)

A person is guilty of an offence if:

(a)  the person holds a mass, dimension, load restraint or access concession, and

(b)  the person engages in conduct, and

(c)  that conduct contravenes a condition of the mass, dimension, load restraint or access concession.

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).

78   Effect of contravening condition—prosecutions or other action

(cf model provisions, s 115)

(1)  If a person engages in conduct that contravenes a condition of a mass, dimension, load restraint or access concession:

(a)  the concession does not, while the contravention continues, operate in the person’s favour, and

(b)  accordingly, the concession is to be disregarded in determining whether there has been a breach of a mass, dimension, load restraint or access requirement and in determining the risk category to which the breach belongs.

(2)  Where, by virtue of subsection (1), a person is guilty of an offence against the provision of an applicable road law from which the person was exempted by the concession concerned, the person may be proceeded against either for that offence or for the offence under section 77 of engaging in conduct that contravenes a condition of the concession.

79   Operation of Division

(cf model provisions, s 116)

This Division has effect subject to the provisions of the law under which the mass, dimension, load restraint or access concession concerned was granted or issued and to the terms of the concession itself.