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.