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.
(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.
(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.
(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.
(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.