Division 2Division 2 Specific duties and offences
Subdivision 1 Duties on employers, prime contractors and operators
155 Duty concerning business practices
(1) This clause applies to:(a) the employer of an employed driver of a vehicle, and(b) the prime contractor of a self-employed driver of a vehicle, and(c) the operator of a heavy vehicle if the driver of the vehicle is to make a journey in the vehicle for the operator.(2) The employer, prime contractor and operator each must take all reasonable steps to ensure that their business practices will not cause, by act or omission, the driver to exceed any speed limit that applies to the vehicle.Maximum penalty:
(a) in the case of an individual—50 penalty units (in the case of a first offence) and 100 penalty units (in the case of a second or subsequent offence), or(b) in the case of a corporation—125 penalty units (in the case of a first offence) and 250 penalty units (in the case of a second or subsequent offence).Note. Examples of some reasonable steps that can be taken:• regular consultation with other parties in the chain of responsibility, unions and industry associations to address compliance issues• reviewing driving, work and trip records• a program to report and monitor (for instance, by GPS tracking) incidents of speeding, and related risks and hazards• training and information for drivers, staff and parties in the chain of responsibility about speeding• regular maintenance of vehicle components that relate to complying with speed limits (for instance, speedometer, engine management system and speed limiters).(3) In this clause, business practices means the practices of the employer, prime contractor or operator in running their businesses, and includes the following:(a) the operating policies and procedures of the business,(b) the human resource and contract management arrangements of the business (including the method that driver remuneration is calculated),(c) arrangements for managing safety.(4) The employer must not cause the driver to drive the vehicle unless:(a) the employer has complied with subclause (2), and(b) the employer, after making reasonable inquiries, is satisfied that the scheduler has complied with Subdivision 2.Maximum penalty:
(a) in the case of an individual—20 penalty units (in the case of a first offence) and 50 penalty units (in the case of a second or subsequent offence), or(b) in the case of a corporation—75 penalty units (in the case of a first offence) and 125 penalty units (in the case of a second or subsequent offence).(5) The prime contractor and operator each must not cause the driver to drive the vehicle unless:(a) the prime contractor or operator, as the case may be, has complied with subclause (2), and(b) the prime contractor or operator, after making reasonable inquiries, is satisfied that the scheduler has complied with Subdivision 2.Maximum penalty:
(a) in the case of an individual—20 penalty units (in the case of a first offence) and 50 penalty units (in the case of a second or subsequent offence), or(b) in the case of a corporation—75 penalty units (in the case of a first offence) and 125 penalty units (in the case of a second or subsequent offence).
156 Duty to ensure offences are not committed
(1) In this clause:speeding offence means an occurrence in which the driver of a vehicle drives the vehicle in excess of any speed limit that applies to the vehicle.
(2) This clause applies to:(a) the employer of an employed driver of a vehicle, and(b) the prime contractor of a self-employed driver of a vehicle, and(c) the operator of a heavy vehicle if the driver of the vehicle is to make a journey in the vehicle for the operator.(3) A person to whom this clause applies commits an offence if, at any time that a driver of a vehicle, or a vehicle, is subject to the person’s control, the driver commits a speeding offence while driving the vehicle.Maximum penalty:
(a) in relation to a level 1 offence:(i) in the case of an individual—10 penalty units, or(ii) in the case of a corporation—50 penalty units, or(b) in relation to a level 2 offence:(i) in the case of an individual—20 penalty units (in the case of a first offence) and 50 penalty units (in the case of a second or subsequent offence), or(ii) in the case of a corporation—75 penalty units (in the case of a first offence) and 125 penalty units (in the case of a second or subsequent offence), or(c) in relation to a level 3 offence:(i) in the case of an individual—50 penalty units (in the case of a first offence) and 100 penalty units (in the case of a second or subsequent offence), or(ii) in the case of a corporation—125 penalty units (in the case of a first offence) and 250 penalty units (in the case of a second or subsequent offence).(4) Despite subclause (3), a person is not liable under that subclause if the vehicle was a combination, and neither the driver nor the towing vehicle was subject to the person’s control.(5) The levels of offence referred to in subclause (3) are to be determined using the following table:
Speed limit at the place where the speeding offence occurred
Type of heavy vehicle
Penalty level
Recorded speed of <15 km/h above speed limit
Recorded speed of ≥ 15 km/h above speed limit
50–60 km/h
All
Level 1
Level 1
70–80 km/h
All
Level 1
Level 2
90 km/h
Road trains (where speed limited to 90 km/h)
Level 2
Level 3
90 km/h
Non-road trains
Level 1
Level 2
100 km/h
Non-road train heavy combinations
Level 2
Level 3
>100 km/h
Non-combination heavy vehicles
Level 2
Level 3
(6) It is a defence to an offence under this clause if the accused person establishes that:(a) the person did not know, and could not reasonably be expected to have known, of the conduct that constituted the offence, and(b) either:(i) the person took all reasonable steps to prevent that conduct from occurring, or(ii) there were no steps that the person could reasonably have been expected to have taken to prevent that conduct from occurring.(7) For the purposes of this clause:(a) it is irrelevant whether the driver has been, or will be, charged with the speeding offence, or has been, or will be, convicted of the speeding offence, and(b) evidence that the driver has been convicted of the speeding offence is evidence that the offence occurred at the time and place, and in the circumstances, specified in the charge that resulted in the conviction, and(c) evidence that the driver has paid the infringement penalty sought by an infringement notice for a speeding offence is evidence that the offence occurred at the time and place, and in the circumstances, specified in the infringement notice.
Subdivision 2 Duties on schedulers
157 Duty concerning driver’s schedule
(1) This clause applies to the scheduler of transport by a heavy vehicle, or of a driver of a heavy vehicle.(2) The scheduler must take all reasonable steps to ensure that a driver’s schedule for driving the vehicle will not cause, by act or omission, the driver to exceed any speed limit that applies to the vehicle.Maximum penalty:
(a) in the case of an individual—50 penalty units (in the case of a first offence) and 100 penalty units (in the case of a second or subsequent offence), or(b) in the case of a corporation—125 penalty units (in the case of a first offence) and 250 penalty units (in the case of a second or subsequent offence).Note. Examples of some reasonable steps that can be taken:• consulting drivers about their schedules and work requirements• taking account of the average speed that can be lawfully travelled on scheduled routes• allowing for traffic conditions or other delays in schedules• contingency planning in relation to schedules.(3) The scheduler must not cause the driver to drive the vehicle unless:(a) the scheduler has complied with subclause (2), and(b) the driver’s schedule for driving the vehicle allows:(i) for compliance with all speed limits applying to the vehicle, and(ii) for the driver to take all required rest breaks (in accordance with all laws regulating the work and rest hours of the driver), and(iii) for traffic conditions and other delays that could reasonably be expected.Note. Examples of traffic conditions and other delays that could reasonably be expected:• the actual average speed able to be travelled lawfully and safely by the driver on the route in question• known traffic conditions such as road works or traffic congestion on the route in question• delays caused by loading, unloading or queuing.Maximum penalty:
(a) in the case of an individual—20 penalty units (in the case of a first offence) and 50 penalty units (in the case of a second or subsequent offence), or(b) in the case of a corporation—75 penalty units (in the case of a first offence) and 125 penalty units (in the case of a second or subsequent offence).
Subdivision 3 Duties on loading managers
A loading manager must take all reasonable steps to ensure that the arrangements for loading and unloading heavy vehicles at the premises in respect of which the loading manager is the loading manager will not cause, by act or omission, the driver of a vehicle to exceed any speed limit that applies to the vehicle.Maximum penalty:
(a) in the case of an individual—50 penalty units (in the case of a first offence) and 100 penalty units (in the case of a second or subsequent offence), or(b) in the case of a corporation—125 penalty units (in the case of a first offence) and 250 penalty units (in the case of a second or subsequent offence).Note. Examples of some reasonable steps that can be taken:• reviewing loading and unloading times and delays at loading and unloading places• identifying potential loading and unloading bottlenecks in consultation with drivers and other parties in the chain of responsibility• ensuring that timeslots for loading or unloading can be relied upon.
Subdivision 4 Duties on certain consignors and consignees
159 Consignors to whom this Subdivision applies
This Subdivision applies only to a consignor who engages a particular operator of a vehicle or combination, either directly or indirectly or through an agent or other intermediary, to transport goods on the consignor’s behalf by road for commercial purposes.
160 Consignees to whom this Subdivision applies
This Subdivision applies only to a consignee:(a) who, with the consignee’s authority, has been named or otherwise identified in the relevant transport documentation as the intended consignee of goods that are transported by road by a particular operator of a heavy vehicle or combination, and(b) who knows, or who ought reasonably to have known, that the goods were to be transported by road.
161 Duties on consignors and consignees
(1) A consignor or consignee to whom this Subdivision applies each must take all reasonable steps to ensure that the terms of consignment (such as delivery times) will not cause, by act or omission, the driver of the vehicle that is to transport the goods to exceed any speed limit that applies to the vehicle.Maximum penalty:
(a) in the case of an individual—50 penalty units (in the case of a first offence) and 100 penalty units (in the case of a second or subsequent offence), or(b) in the case of a corporation—125 penalty units (in the case of a first offence) and 250 penalty units (in the case of a second or subsequent offence).Note. Examples of some reasonable steps that can be taken:• ensuring contractual arrangements and documentation relating to the consignment and delivery of goods enable speeding compliance• contingency planning in relation to consignments and delivery times• regular consultation with other parties in the chain of responsibility, unions and industry associations to address compliance issues.(2) The consignor and consignee each must also take all reasonable steps to ensure that the terms of consignment (such as delivery times) will not cause, by act or omission, the employer of an employed driver, the prime contractor of a self-employed driver or the operator of the heavy vehicle to cause the driver to exceed any speed limit that applies to the vehicle.Maximum penalty:
(a) in the case of an individual—50 penalty units (in the case of a first offence) and 100 penalty units (in the case of a second or subsequent offence), or(b) in the case of a corporation—125 penalty units (in the case of a first offence) and 250 penalty units (in the case of a second or subsequent offence).(3) A consignor or consignee to whom this Subdivision applies each must not make a demand that affects, or that may affect, a time in a schedule for the transport of the consigned goods unless the consignor or consignee:(a) has complied with subclauses (1) and (2), and(b) is satisfied, after making reasonable inquiries, that the making of the demand will not cause a person to fail to comply with Subdivision 2.Maximum penalty:
(a) in the case of an individual—20 penalty units (in the case of a first offence) and 50 penalty units (in the case of a second or subsequent offence), or(b) in the case of a corporation—75 penalty units (in the case of a first offence) and 125 penalty units (in the case of a second or subsequent offence).
Subdivision 5 Duty to assess and manage risk of speeding
162 Duty to assess and manage risk of speeding
(1) This clause applies to:(a) the employer of an employed driver of a heavy vehicle, and(b) the prime contractor of a self-employed driver of a heavy vehicle, and(c) the operator of the heavy vehicle if the driver is to make a journey for the operator, and(d) the scheduler of:(i) transport by a heavy vehicle, or(ii) a driver of a heavy vehicle, and(e) the loading manager of goods for transport by a heavy vehicle, and(f) the consignor of goods for transport by a regulated heavy vehicle, who carries on business of which a substantial part is prescribed business, and(g) the consignee of goods for transport by a regulated heavy vehicle, who carries on business of which a substantial part is prescribed business.(2) A person to whom this clause applies must:(a) identify and assess the aspects of the activities of the person, and the driver, that may cause the driver to exceed a speed limit, and(b) for each aspect identified and assessed under paragraph (a), identify and assess:(i) the risk of the aspect causing the driver to exceed a speed limit, and(ii) if there is a risk of the aspect causing the driver to exceed a speed limit—the measures the person may take to eliminate the risk or, if it is not reasonably practicable to eliminate the risk, to control the risk, and(c) carry out the identification and assessment referred to in paragraphs (a) and (b):(i) at least annually, and(ii) after each event that indicated the way the activities of the person or driver were being carried out have caused, or may cause, the driver to exceed a speed limit, and(d) take the measures identified and assessed under paragraph (b) (ii), and(e) document the actions taken under paragraphs (a)–(d) and retain that documentation for at least 3 years.Maximum penalty:
(a) in the case of an individual—20 penalty units (in the case of a first offence) or 40 penalty units (in the case of a second or subsequent offence), and(b) in the case of a corporation—100 penalty units (in the case of a first offence) or 200 penalty units (in the case of a second or subsequent offence).(3) It is a defence to any proceedings against a person for an offence against subclause (2) if the person proves that:(a) it was not reasonably practicable for the person to comply with that subclause, or(b) the commission of the offence was due to causes over which the person had no control and against the happening of which it was impracticable for the person to make provision.
Subdivision 6 Certain requests, contracts etc prohibited
163 Certain requests etc prohibited
A person must not ask, direct or require (directly or indirectly) a driver or a party in the chain of responsibility to do something that the person knows, or reasonably ought to know, would have the effect of causing the driver to exceed any speed limit while driving a heavy vehicle.Maximum penalty:
(a) in the case of an individual—100 penalty units, or(b) in the case of a corporation—250 penalty units.Note. Example of a requirement that contravenes this clause—A requirement that the driver complete a journey in a time that the person knows or reasonably ought to know cannot be complied with unless the driver commits a speeding offence or does not take all the rest breaks that the driver is required to take.
164 Certain contracts etc prohibited
(1) A person must not enter into a contract or agreement with a driver or with a party in the chain of responsibility that the person knows, or reasonably ought to know, would have the effect of causing the driver or any other driver to exceed any speed limit while driving a heavy vehicle.Maximum penalty:
(a) in the case of an individual—100 penalty units, or(b) in the case of a corporation—250 penalty units.(2) A person must not enter into a contract or agreement with a driver or with a party in the chain of responsibility that the person knows, or reasonably ought to know, would encourage or provide an incentive for a party in the chain of responsibility to cause a driver to exceed any speed limit while driving a heavy vehicle.Maximum penalty:
(a) in the case of an individual—100 penalty units, or(b) in the case of a corporation—250 penalty units.