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.