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.