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This is a Bill, not an Act. For current law, see the Acts databases.
2013
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Contents
Page
2013
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Heavy Vehicle National Law (Consequential Amendments) Bill 2013
A Bill for
An Act to amend legislation because of the enactment of the Heavy Vehicle National Law (ACT) Act 2013, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Heavy Vehicle National Law (Consequential Amendments) Act 2013.
This Act commences on the commencement of the Heavy Vehicle National Law (ACT) Act 2013, section 7 (Application of Heavy Vehicle National Law).
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the following legislation:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
.
(1) The following legislation is repealed:
•
(A2009-22)
•
(SL2010-4)
•
(DI2010-23).
(2) All other legislative instruments under the Road Transport (Mass, Dimensions and Loading) Act 2009
are repealed.
Part 2 Freedom of Information Regulation 1991
insert
2B Regulator and Board not prescribed authorities—Act, dict, def prescribed authority, par (a) (ii)
(1) The Regulator and Board are not prescribed authorities.
(2) In this section:
Board—see the Heavy Vehicle National Law (ACT), section 5.
Regulator—see the Heavy Vehicle National Law
(ACT), section 5.
6 Dictionary, part 1, new definition of Heavy Vehicle National Law (ACT)
insert
Heavy Vehicle National Law (ACT) means the provisions applying
in the ACT because of the Heavy Vehicle National Law (ACT) Act 2013,
section 7 (Application of Heavy Vehicle National Law).
Part 4 Magistrates Court Act 1930
7 Meaning of prescribed offence
for pt 3.7
New section 116AA (1) (ab)
insert
(ab) for an offence against the Heavy Vehicle National Law (ACT)—the maximum fine that can be imposed on the person for the offence is $3 000 or another amount prescribed by regulation; or
8 Section 116AA (2), definition of road transport legislation, paragraph (c)
omit
Part 5 Road Transport (Alcohol and Drugs) Act 1977
9 Name of Act
Section 1, note
2
omit
•
substitute
Note 3 Other laws dealing with road transport include the Dangerous Goods (Road Transport) Act 2009
and the Heavy Vehicle National Law (ACT).
Note 4 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act
, s 104).
11 Meaning of special
driver
Section 4B (3), definition of heavy vehicle
substitute
heavy vehicle—see the Heavy Vehicle National Law
(ACT), section 5.
Part 6 Road Transport (Driver Licensing) Act 1999
12 Name of Act
Section 1,
note 2
omit
•
substitute
Note 3 Other laws dealing with road transport include the Dangerous Goods (Road Transport) Act 2009
and the Heavy Vehicle National Law (ACT).
Note 4 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act
, s 104).
14 Driver must be
licensed
Section 31 (10), notes
substitute
Note 1 The offences in this section do not apply to an authorised officer (including a police officer) or authorised assistant who drives a heavy vehicle under the Heavy Vehicle National Law (ACT), s 519 (Moving unattended heavy vehicle on road if causing harm etc.).
Note 2 The offences in this section do not apply to an authorised officer (including a police officer) or authorised assistant who starts or stops a heavy vehicle’s engine under the Heavy Vehicle National Law (ACT), s 523 (Starting or stopping heavy vehicle engine). Under that section, an authorised officer or assistant may start or stop a heavy vehicle’s engine to assist with the exercise of powers under that Law.
Note 3 The offences in this section do not apply to a person who is
required by an authorised officer (including a police officer) under the
Heavy Vehicle National Law (ACT), s 577 (Power to require reasonable
help) to start or stop a heavy vehicle’s engine.
Part 7 Road Transport (Driver Licensing) Regulation 2000
15 Vehicles authorised to be driven by
licence classes
Section 9 (3) (b)
substitute
(b) to drive a motor vehicle in contravention of the Heavy Vehicle National Law (ACT); or
16 Heavy vehicle
learners
Section 23, notes 3 and 4
substitute
Note 3 However, the offences in relation to s (3) (a) to (d) do not apply to an authorised officer (including a police officer) or authorised assistant who drives a heavy vehicle under the Heavy Vehicle National Law (ACT), s 519 (Moving unattended heavy vehicle on road if causing harm etc.).
Note 4 Also, the offences in relation to s (3) (a) to (d) do not apply to a person who starts or stops a heavy vehicle’s engine under the Heavy Vehicle National Law (ACT), s 523 (Starting or stopping heavy vehicle engine). Under that section, an authorised officer or authorised assistant may start or stop a heavy vehicle’s engine to assist with the exercise of powers under that Law.
Note 5 Also, the offences in relation to s (3) (a) to (d) do not apply to a person who is required by an authorised officer under the Heavy Vehicle National Law (ACT), s 577 (Power to require reasonable help) to start or stop a heavy vehicle’s engine.
17 When authority may vary, suspend or
cancel driver licences
Section 87, note 2
substitute
Note 2 A court may also order licence variation, suspension and
cancellation under the Heavy Vehicle National Law (ACT), s 598A.
Part 8 Road Transport (General) Act 1999
18 Name of Act
Section 1,
note 2
omit
•
substitute
Note 3 Other laws dealing with road transport include the Dangerous Goods (Road Transport) Act 2009
and the Heavy Vehicle National Law (ACT).
Note 4 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act
, s 104).
20 What is the road transport
legislation?
Section 6 (d)
omit
21 Sections 20 (1) and 21, notes
omit
22 Definitions—pt
3
Section 21A, new definition of heavy vehicle infringement notice
offence
insert
heavy vehicle infringement notice offence means an infringement notice offence against the Heavy Vehicle National Law (ACT).
23 Infringement
notices
Section 24 (1) and (2)
substitute
(1) Subsection (2) applies if an authorised person reasonably believes that a person has committed an infringement notice offence (other than a heavy vehicle infringement notice offence).
(2) A notice for the offence may be served on the person.
Note An authorised officer under the Heavy Vehicle National Law (ACT) may serve a person with a notice if the officer reasonably believes the person has committed a heavy vehicle infringement notice offence (see Heavy Vehicle National Law (ACT), s 591 (1)).
(2A) An infringement notice must be served in the way prescribed by regulation.
Note The Heavy Vehicle National Law (ACT), s 591 (2) provides that the procedures to be followed in connection with a heavy vehicle infringement notice are to be the procedures prescribed under the Infringement Notice Offences Law for the territory (see also s 5, def Infringement Notice Offences Law and Heavy Vehicle National Law (ACT) Act 2013, s 13).
insert
(5) In this section:
infringement notice means—
(a) a notice mentioned in subsection (2); and
(b) a notice mentioned in the Heavy Vehicle National Law (ACT), section 591 (1) (Infringement Notices).
25 Infringement notice—payment of
penalty etc
Section 26, note 3
substitute
Note 3 If a person disputes liability for an infringement notice offence (other than a heavy vehicle infringement notice offence), the administering authority may lay an information in the Magistrates Court against the person for the offence (see s 53). For proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT), s 707.
26 Action on service of reminder
notice—payment of penalty etc
Section 28, note 2
substitute
Note 2 If a person disputes liability for an infringement notice offence (other than a heavy vehicle infringement notice offence), the administering authority may lay an information in the Magistrates Court against the person for the offence (see s 53). For proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT), s 707.
27 Time for beginning prosecution for
infringement notice offence
Section 31
after
infringement notice offence
insert
(other than a heavy vehicle infringement notice offence)
insert
Note For proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT), s 707.
29 Infringement notice—effect of
penalty payment etc
Section 39 (1) (a) (iii) (B)
substitute
(B) a proceeding had not been brought against the person for the offence; or
30 Section 39 (1) (c) (iii) (B)
substitute
(B) a proceeding had not been brought against a responsible person for the vehicle for the offence.
31 Suspension for nonpayment of
infringement notice penalties
Section 44 (1) (a)
after
part
insert
or the Heavy Vehicle National Law (ACT)
32 Section 44 (1) (a), new note
insert
Note A notice may be served on a person by an authorised officer for a heavy vehicle infringement notice offence (see Heavy Vehicle National Law (ACT), s 591 (1)).
33 Procedure if liability
disputed
Section 53 (2)
substitute
(2) The administering authority may—
(a) for a heavy vehicle infringement notice offence—bring a proceeding against the person under the Heavy Vehicle National Law (ACT) within 60 days after being given the notice; or
Note For proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT), s 707.
(b) in any other case—lay an information in the Magistrates Court against the person for the offence within 60 days after being given the notice.
omit everything after
after
substitute
a proceeding or information mentioned in subsection (2) had been brought or laid against the person for the offence.
omit
lay an information in the Magistrates Court
substitute
bring a proceeding or lay an information mentioned in subsection (2)
substitute
(6) To remove any doubt, subsection (2) does not permit the administering authority to bring a proceeding or lay an information against a person for an offence after the end of the time within which, apart from this section, a prosecution may be brought against the person for the offence.
Note For the time within which a prosecution for an infringement notice offence other than a heavy vehicle infringement notice offence must be begun, see s 31. For proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT), s 707.
37 Authorised people for infringement
notice offences
Section 53A (1)
after
infringement notice offence
insert
(other than a heavy vehicle infringement notice offence)
insert
Note 3 Infringement notices for heavy vehicle infringement notice offences are served by authorised officers within the meaning of the Heavy Vehicle National Law (ACT) (see Law, s 591 (1)).
after
infringement notice offences
insert
, other than a heavy vehicle infringement notice offence
substitute
(3) In this part:
authorised person means—
(a) for an infringement notice or a reminder notice for a heavy vehicle infringement notice offence—an authorised officer under the Heavy Vehicle National Law (ACT); or
Note An authorised officer for the Heavy Vehicle National Law (ACT) means a police officer or any other person appointed under the Law, s 481 (see also Law, s 5, def authorised officer).
(b) in any other case—
(i) for an infringement notice for an infringement notice offence—
(A) the administering authority; or
(B) a person who is appointed under subsection (1) by the administering authority to serve an infringement notice for the offence; or
(C) anyone else who, under the regulations, may serve an infringement notice for the offence; or
(ii) for a reminder notice for an infringement notice offence—
(A) the administering authority; or
(B) a person who is appointed under subsection (1) by the administering authority to serve a reminder notice for the offence; or
(C) anyone else who, under the regulations, may serve a reminder notice for the offence.
41 Delegation of administering
authority’s functions
New section 54 (1) (d)
before the note, insert
(d) an authorised officer under the Heavy Vehicle National Law (ACT).
42 Police officer or authorised person
may require name, date of birth, address and driver licence—driver or
rider
Section 58 (1), new note
insert
Note An authorised officer (within the meaning of the Heavy Vehicle National Law (ACT)) may require a driver of a heavy vehicle to produce the driver’s driver licence (see Law, s 567A).
43 Police officer or authorised person
may require people to disclose identity of driver
Section 60 (1), new
note
after the penalty, insert
Note The responsible person for, or possessor of, a heavy vehicle must disclose the identity of the driver of the heavy vehicle if required under the Heavy Vehicle National Law (ACT), s 567B.
44 Court may order disqualification for
other offences
Section 64, note
substitute
Note A court may also order that a driver is disqualified from obtaining or holding an Australian driver licence under the Heavy Vehicle National Law (ACT), s 598A.
45 Determination of fees, charges and
other amounts
Section 96 (5), new definition of road transport
legislation
insert
road transport legislation includes the Heavy Vehicle National Law (ACT).
46 Dictionary, new definition of heavy vehicle infringement notice offence
insert
heavy vehicle infringement notice offence, for part 3 (Infringement notices for certain offences)—see section 21A.
47 Dictionary, definition of infringement notice
omit
section 24 (2)
substitute
section 24 (5)
Part 9 Road Transport (General) Regulation 2000
48 Internally reviewable
decisions
Schedule 1, parts 1.6A and 1.6B
omit
Part 10 Road Transport (Offences) Regulation 2005
49 Identifying particulars for
authorised person for infringement notice offence—pt 2
New
section 4D, definition of identifying particulars, paragraph (c)
insert
(c) for an authorised officer under the Heavy Vehicle National Law (ACT) other than a police officer—the identification number allocated to the officer under the Law, section 486.
50 Infringement notice
penalties—Act, dict, def infringement notice penalty, par
(a)
Section 6 (2)
substitute
(2) However, if the infringement notice offence—
(a) is a heavy vehicle infringement notice offence and the person is a corporation, the penalty payable by the person for the infringement notice offence is P x 5; or
(b) is a camera-detected offence and the person is a corporation, the penalty payable by the person for the infringement notice offence is the amount worked out as follows:
(P × 5) - 120
51 Administering authority—Act,
dict, def administering authority
Section 8 (1) (c) (i) and
(ii)
omit
insert
(3) The Regulator under the Heavy Vehicle National Law (ACT) is the administering authority for heavy vehicle infringement notice offences.
(4) However, the Regulator is taken to have delegated the Regulator’s functions in relation to the administration of infringement notice management plans (including applications for the plans) for heavy vehicle infringement notice offences to the road transport authority.
substitute
9 Authorised people for infringement notices other than heavy vehicle infringement notices—Act, s 53A (2)
A police officer may serve an infringement notice for any infringement notice offence (other than a heavy vehicle infringement notice offence).
Note A police officer may also serve infringement notices for heavy vehicle infringement notice offences (see Heavy Vehicle National Law (ACT), s 5, def authorised officer and s 591 (1) and the Act, s 53A (3) (a)).
10 Authorised people for reminder notices other than heavy vehicle infringement notices—Act, s 53A (2)
A police officer may serve a reminder notice for any infringement notice offence (other than a heavy vehicle infringement notice offence).
Note A police officer may also serve reminder notices for heavy vehicle infringement notice offences (see Heavy Vehicle National Law (ACT), s 5, def authorised officer and s 591 (1) and the Act, s 53A (3) (a)).
11 People authorised for infringement notices (other than heavy vehicle infringement notices) etc to have unique number
The administering authority for an infringement notice offence (other than a heavy vehicle infringement notice offence) must give a unique number to each person who is authorised by the administering authority to serve infringement or reminder notices for the offence.
Note For heavy vehicle infringement notice offences, the Regulator under the Heavy Vehicle National Law (ACT) allocates an identification number to authorised officers under the Law, s 486.
54 Infringement
notices—service—Act, s 24 (2)
Section 12 (2) (b) (ii) and
(3) (b) (ii)
after
road transport legislation
insert
, Heavy Vehicle National Law (ACT)
55 Infringement
notices—contents—Act, s 25
Section 14A (2) (f)
substitute
(f) a statement to the effect that, if the person wants to dispute liability for the offence—
(i) for a heavy vehicle infringement notice offence—a proceeding may be brought against the person under the Heavy Vehicle National Law (ACT); or
Note For proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT), s 707.
(ii) in any other case—the issue may be referred to the Magistrates Court;
omit everything before subparagraph (i), substitute
(g) a statement to the effect that, if a proceeding or issue mentioned in paragraph (f) had been brought or referred, the person may be—
57 Reminder
notices—contents—Act, s 27 (3)
Section 14B (1) (p)
substitute
(p) a statement to the effect that, if the person wants to dispute liability for the offence—
(i) for a heavy vehicle infringement notice offence—a proceeding may be brought against the person under the Heavy Vehicle National Law (ACT); or
Note For proceedings for heavy vehicle infringement notice offences, see the Heavy Vehicle National Law (ACT), s 707.
(ii) in any other case—the issue may be referred to the Magistrates Court;
omit everything before subparagraph (i), substitute
(q) a statement to the effect that, if a proceeding or issue mentioned in paragraph (p) had been brought or referred, the person may be—
59 Short descriptions, penalties and
demerit points
Schedule 1, new parts 1.2A and 1.2B
insert
Part 1.2A Heavy Vehicle National Law (ACT)
column 1
item
|
column 2
offence provision and, if relevant, case
|
column 3
short description
|
column 4
offence penalty ($)
|
column 5
infringement penalty ($)
|
column 6
demerit points
|
---|---|---|---|---|---|
1
|
60 (1)
|
|
|
|
|
1.1
|
• if heavy vehicle standard relates to speed limiter
|
use of heavy vehicle that contravenes heavy vehicle standard
|
6 000
|
600
|
|
1.2
|
• in any other case
|
use of heavy vehicle that contravenes heavy vehicle standard
|
3 000
|
300
|
|
2
|
79 (2)
|
not return as required amended/cancelled vehicle standards exemption
(permit)
|
4 000
|
400
|
|
3
|
80 (1)
|
not apply as required for replacement for defaced/destroyed/lost/stolen
permit for vehicle standards exemption (permit)
|
4 000
|
|
|
4
|
81 (1)
|
contravene condition of vehicle standards exemption
|
3 000
|
300
|
|
5
|
81 (2)
|
use/permit to be used/heavy vehicle that contravenes condition of vehicle
standards exemption
|
3 000
|
300
|
|
6
|
81 (3)
|
use/permit to be used/heavy vehicle in way that contravenes condition of
vehicle standards exemption
|
3 000
|
300
|
|
7
|
82 (2)
|
driver of heavy vehicle fail to comply with condition of vehicle standards
exemption (notice) that must keep relevant document in driver’s
possession
|
3 000
|
300
|
|
8
|
82 (3)
|
each relevant party for driver of heavy vehicle commits offence if driver
commits offence against s 82 (2)
|
3 000
|
300
|
|
9
|
83 (1)
|
driver of heavy vehicle not keep copy of permit for vehicle standards
exemption (permit) in driver’s possession
|
3 000
|
300
|
|
10
|
83 (2)
|
driver of heavy vehicle not return copy of permit for vehicle standards
exemption (permit) to relevant party for driver on stopping working for relevant
party
|
3 000
|
300
|
|
11
|
83 (3)
|
each relevant party for driver of heavy vehicle commits offence if driver
commits offence against s 83 (1)
|
3 000
|
300
|
|
12
|
85 (1)
|
unapproved modification of heavy vehicle
|
3 000
|
300
|
|
13
|
85 (2)
|
use/permit to be used unapproved modified heavy vehicle
|
3 000
|
300
|
|
14
|
86 (2)
|
approved vehicle examiner who approves modification of heavy vehicle not
give certificate approving modification as required and not ensure complying
plate/label fitted/affixed to vehicle
|
3 000
|
300
|
|
15
|
89 (1)
|
use/permit to be used unsafe heavy vehicle
|
6 000
|
600
|
|
16
|
90 (1)
|
use/permit to be used heavy vehicle not fitted with emission control system
if required by heavy vehicle standard
|
3 000
|
300
|
|
17
|
90 (2)
|
use/permit to be used heavy vehicle fitted with emission control system not
operating as designed
|
3 000
|
300
|
|
18
|
90 (3)
|
use/permit to be used heavy vehicle fitted with emission control system and
operate system in way causes non-compliance with heavy vehicle standard
|
3 000
|
300
|
|
19
|
91 (1)
|
tamper with emission control system fitted to heavy vehicle
|
10 000
|
|
|
20
|
91 (2)
|
operator of heavy vehicle use/permit to be used vehicle fitted with
tampered emission control system
|
10 000
|
|
|
21
|
92 (2)
|
use/permit to be used incorrect warning sign on heavy vehicle
|
3 000
|
300
|
|
22
|
93 (1)
|
tamper with speed limiter fitted to heavy vehicle
|
10 000
|
|
|
23
|
93 (2)
|
fit tampered speed limiter to heavy vehicle
|
10 000
|
|
|
24
|
93 (3)
|
operator of heavy vehicle use vehicle fitted with tampered speed
limiter
|
10 000
|
|
|
25
|
96 (1)
|
|
|
|
|
25.1
|
• minor risk breach
|
drive heavy vehicle if vehicle (with load) not comply with mass
requirements applying to vehicle—minor risk breach
|
4 000
|
400
|
|
25.2
|
• substantial risk breach
|
drive heavy vehicle if vehicle (with load) not comply with mass
requirements applying to vehicle—substantial risk breach
|
6 000
|
600
|
|
25.3
|
• severe risk breach
|
drive heavy vehicle if vehicle (with load) not comply with mass
requirements applying to vehicle—severe risk breach
|
10 000-30 000
|
|
|
26
|
102 (1)
|
|
|
|
|
26.1
|
• heavy vehicle not have goods or passengers
|
drive heavy vehicle if vehicle (with load) not comply with dimension
requirements applying to vehicle without goods or passengers
|
3 000
|
300
|
|
26.2
|
• heavy vehicle has goods or passengers and minor risk breach
|
drive heavy vehicle if vehicle (with load) not comply with dimension
requirements applying to vehicle with goods or passengers—minor risk
breach
|
3 000
|
300
|
|
26.3
|
• heavy vehicle has goods or passengers and substantial risk
breach
|
drive heavy vehicle if vehicle (with load) not comply with dimension
requirements applying to vehicle with goods or passengers—substantial risk
breach
|
5 000
|
500
|
|
26.4
|
• heavy vehicle has goods or passengers and severe risk breach
|
drive heavy vehicle if vehicle (with load) not comply with dimension
requirements applying to vehicle with goods or passengers—severe risk
breach
|
10 000
|
|
|
27
|
109 (2)
|
use heavy vehicle with stated projecting load without warning signal fixed
to back of load
|
3 000
|
300
|
|
28
|
111 (1)
|
|
|
|
|
28.1
|
• minor risk breach
|
drive heavy vehicle if vehicle not comply with loading
requirements—minor risk breach
|
3 000
|
300
|
|
28.2
|
• substantial risk breach
|
drive heavy vehicle if vehicle not comply with loading
requirements—substantial risk breach
|
5 000
|
500
|
|
28.3
|
• severe risk breach
|
drive heavy vehicle if vehicle not comply with loading
requirements—severe risk breach
|
10 000
|
|
|
29
|
129 (1)
|
driver/operator of heavy vehicle contravene condition of mass or dimension
exemption
|
6 000
|
600
|
|
30
|
129 (2)
|
use/permit to be used heavy vehicle that contravenes condition of mass or
dimension exemption
|
6 000
|
600
|
|
31
|
129 (3)
|
use heavy vehicle in way that contravenes condition of mass or dimension
exemption
|
6 000
|
600
|
|
32
|
130 (2)
|
driver of pilot/escort vehicle accompanying heavy vehicle not comply with
conditions of mass or dimension exemption about use of pilot/escort
vehicle
|
6 000
|
600
|
|
33
|
130 (3)
|
operator of heavy vehicle commits offence if driver of pilot/escort vehicle
commits offence against s 130 (2)
|
6 000
|
600
|
|
34
|
131 (1)
|
driver of pilot vehicle accompanies heavy vehicle that contravenes
condition of mass or dimension exemption
|
6 000
|
600
|
|
35
|
132 (2)
|
driver of class 1/class 3 heavy vehicle fail to comply with condition of
mass or dimension exemption (notice) that must keep relevant document in
driver’s possession
|
3 000
|
300
|
|
36
|
132 (3)
|
each relevant party for driver of class 1/class 3 heavy vehicle
commits offence if driver commits offence against s 132 (2)
|
3 000
|
300
|
|
37
|
133 (1)
|
driver of class 1/class 3 heavy vehicle not keep copy of permit for mass or
dimension exemption (permit) in driver’s possession
|
3 000
|
300
|
|
38
|
133 (2)
|
driver of class 1/class 3 heavy vehicle not return copy of permit for mass
or dimension exemption (permit) to relevant party for driver on stopping working
for relevant party
|
4 000
|
400
|
|
39
|
133 (3)
|
each relevant party for driver of class 1/class 3 heavy vehicle
commits offence if driver commits offence against s 133 (1)
|
3 000
|
300
|
|
40
|
134 (1)
|
display heavy vehicle warning sign on heavy vehicle not under dimension
exemption
|
3 000
|
300
|
|
41
|
134 (2)
|
display pilot vehicle warning sign on pilot vehicle not being used as pilot
vehicle for heavy vehicle used under dimension exemption
|
3 000
|
300
|
|
42
|
137
|
not use class 2 heavy vehicle in accordance with class 2 heavy vehicle
authorisation
|
6 000
|
600
|
|
43
|
150 (1)
|
driver/operator of class 2 heavy vehicle contravene condition of class 2
heavy vehicle authorisation
|
6 000
|
600
|
|
44
|
151 (2)
|
driver of class 2 heavy vehicle not comply with condition of class 2 heavy
vehicle authorisation (notice) that must keep relevant document in
driver’s possession
|
3 000
|
300
|
|
45
|
151 (3)
|
each relevant party for driver of class 2 heavy vehicle commits offence if
driver commits offence against s 151 (2)
|
3 000
|
300
|
|
46
|
152 (1)
|
driver of class 2 heavy vehicle not keep copy of class 2 heavy vehicle
authorisation (permit) in driver’s possession
|
3 000
|
300
|
|
47
|
152 (2)
|
driver of class 2 heavy vehicle not return copy of permit for class 2 heavy
vehicle authorisation (permit) to relevant party for driver on stopping working
for relevant party
|
4 000
|
400
|
|
48
|
152 (3)
|
each relevant party for driver of class 2 heavy vehicle commits offence if
driver commits offence against s 152 (1)
|
3 000
|
300
|
|
49
|
153 (1)
|
driver of class 2 PBS heavy vehicle not keep copy of PBS vehicle approval
in driver’s possession
|
3 000
|
300
|
|
50
|
153 (2)
|
each relevant party for driver of class 2 PBS heavy vehicle commits offence
if driver commits offence against s 153 (1)
|
3 000
|
300
|
|
51
|
181 (3)
|
not return as required amended/cancelled mass or dimension authority
permit
|
4 000
|
400
|
|
52
|
182 (1)
|
not apply as required for replacement for defaced/destroyed/lost/stolen
mass or dimension authority permit
|
4 000
|
|
|
53
|
183 (2)
|
|
|
|
|
53.1
|
by contravening:
• 96—mass requirements: minor risk breach
|
employer/prime contractor/operator for heavy vehicle commits
offence if driver of vehicle commits offence against s 96—minor risk
breach
|
4 000
|
400
|
|
53.2
|
by contravening:
• 96—mass requirements: substantial risk breach
|
employer/prime contractor/operator for heavy vehicle commits
offence if driver of vehicle commits offence against s 96—substantial
risk breach
|
6 000
|
600
|
|
53.3
|
by contravening:
• 96—mass requirements: severe risk breach
|
employer/prime contractor/operator for heavy vehicle commits
offence if driver of vehicle commits offence against s 96—severe risk
breach
|
10 000-30 000
|
|
|
53.4
|
by contravening:
• 102—dimension requirements: heavy vehicle without goods or
passengers
|
employer/prime contractor/operator for heavy vehicle commits
offence if driver of vehicle commits offence against s 102—applying
to vehicle without goods or passengers
|
3 000
|
300
|
|
53.5
|
by contravening:
• 102—dimension requirements: minor risk breach
|
employer/prime contractor/operator for heavy vehicle commits
offence if driver of vehicle commits offence against s 102—minor risk
breach
|
3 000
|
300
|
|
53.6
|
by contravening:
• 102—dimension requirements: substantial risk breach
|
employer/prime contractor/operator for heavy vehicle commits
offence if driver of vehicle commits offence against
s 102—substantial risk breach
|
5 000
|
500
|
|
53.7
|
by contravening:
• 102—dimension requirements: severe risk breach
|
employer/prime contractor/operator for heavy vehicle commits
offence if driver of vehicle commits offence against s 102—severe
risk breach
|
10 000
|
|
|
53.8
|
by contravening:
• 111—loading requirements: minor risk breach
|
employer/prime contractor/operator for heavy vehicle commits
offence if driver of vehicle commits offence against s 111—minor risk
breach
|
3 000
|
300
|
|
53.9
|
by contravening:
• 111—loading requirements: substantial risk breach
|
employer/prime contractor/operator for heavy vehicle commits
offence if driver of vehicle commits offence against
s 111—substantial risk breach
|
5 000
|
500
|
|
53.10
|
by contravening:
• 111—loading requirements: severe risk breach
|
employer/prime contractor/operator for heavy vehicle commits
offence if driver of vehicle commits offence against s 111—severe
risk breach
|
10 000
|
|
|
54
|
184 (1)
|
drive heavy vehicle towing more than 1 other vehicle
|
3 000
|
300
|
|
55
|
185 (1)
|
use heavy combination with trailer in combination not securely coupled to
vehicle in front
|
6 000
|
600
|
|
56
|
185 (2)
|
use heavy combination with components of coupling not compatible/properly
connected
|
6 000
|
600
|
|
57
|
186 (2)
|
each consignor of goods commits offence if false/misleading transport
documentation for mass, dimension or loading of goods
|
10 000
|
|
|
58
|
186 (3)
|
each packer of goods commits offence if goods packed for road transport and
if false/misleading transport documentation for mass, dimension or loading of
goods
|
10 000
|
|
|
59
|
186 (4)
|
each loading manager/loader of goods commits offence if goods loaded for
road transport and if false/misleading transport documentation for mass,
dimension or loading of goods
|
10 000
|
|
|
60
|
186 (5)
|
each receiver of goods commits offence if goods packed for road transport
and if false/misleading transport documentation for mass, dimension or loading
of goods
|
10 000
|
|
|
61
|
187 (2)
|
responsible entity for freight container gives container to operator of
heavy vehicle with false/misleading container weight declaration
|
10 000
|
|
|
62
|
187 (3)
|
operator of heavy vehicle commits offence if freight container to be
transported and false/misleading container weight declaration
|
10 000
|
|
|
63
|
190 (1)
|
responsible entity permits operator/driver of heavy vehicle to transport
freight container without complying container weight declaration
|
6 000
|
600
|
|
64
|
191 (1)
|
operator permits driver of heavy vehicle to transport freight container
without complying container weight declaration
|
6 000
|
600
|
|
65
|
191 (3)
|
operator of heavy vehicle gives freight container to carrier without
complying container weight declaration or prescribed particulars in complying
container weight declaration
|
6 000
|
600
|
|
66
|
192 (1)
|
drive heavy vehicle with freight container without complying container
weight declaration
|
6 000
|
600
|
|
67
|
192 (2)
|
driver of heavy vehicle not keep as required complying container weight
declaration while transporting freight container
|
3 000
|
300
|
|
68
|
193 (2)
|
each consignor/packer commits offence if weight of freight container
exceeds maximum gross weight marked on container/container’s safety
approval plate
|
10 000
|
|
|
69
|
194 (1)
|
consignee of goods by act or omission induces or rewards contravention of
mass, dimension or loading requirement
|
10 000
|
|
|
70
|
488
|
authorised officer not return identity card as required
|
3 000
|
300
|
|
71
|
513 (4)
|
driver of heavy vehicle fail to comply with authorised officer’s
direction to stop
|
6 000
|
600
|
|
72
|
514 (3)
|
driver of heavy vehicle fail to comply with authorised officer’s
direction not to move vehicle/interfere with vehicle or equipment/interfere with
vehicle load
|
6 000
|
600
|
|
73
|
516 (3)
|
driver/operator of heavy vehicle fail to comply with authorised
officer’s direction to move stationary/stopped vehicle
|
6 000
|
600
|
|
74
|
517 (4)
|
driver/operator of heavy vehicle fail to comply with authorised
officer’s direction to move vehicle/or do anything else to avoid
harm/obstruction
|
6 000
|
600
|
|
75
|
522 (5)
|
person in charge/registered operator/owner of heavy vehicle not produce
vehicle for inspection as required by authorised officer’s notice
|
6 000
|
600
|
|
76
|
524 (5)
|
|
|
|
|
76.1
|
• direction under s 524 (2)
|
driver of heavy vehicle fail to comply with authorised officer’s
direction to vacate/not occupy driver’s seat or leave/not enter
vehicle
|
6 000
|
600
|
|
76.2
|
• direction under s 524 (3)
|
person accompanying driver fail to comply with authorised officer’s
direction to leave/ not enter vehicle
|
3 000
|
300
|
|
77
|
526 (4)
|
driver of heavy vehicle not give defect notice to operator as
required
|
3 000
|
300
|
|
78
|
528 (3)
|
remove/deface defective vehicle label attached to heavy vehicle
|
3 000
|
300
|
|
79
|
529
|
|
|
|
|
79.1
|
• minor defect
|
use/permit to be used heavy vehicle in contravention of vehicle defect
notice—minor defect
|
3 000
|
300
|
1 (NS)
|
79.2
|
• major defect
|
use/permit to be used heavy vehicle in contravention of vehicle defect
notice—major defect
|
3 000
|
300
|
3 (NS)
|
80
|
533 (7)
|
driver/operator of heavy vehicle fail to comply with authorised
officer’s direction in relation to stated minor risk breach of mass,
dimension or loading requirements
|
10 000
|
1 000
|
|
81
|
534 (5)
|
driver/operator of heavy vehicle fail to comply with authorised
officer’s direction in relation to stated substantial risk breach of mass,
dimension or loading requirements
|
10 000
|
1 000
|
|
82
|
535 (5)
|
driver/operator of heavy vehicle fail to comply with authorised
officer’s direction in relation to stated severe risk breach of mass,
dimension or loading requirements
|
10 000
|
|
|
83
|
553 (3)
|
fail to comply with authorised officer’s requirement to enable
seizure of thing
|
10 000
|
|
|
84
|
558 (1)
|
fail to comply with embargo notice
|
10 000
|
|
|
85
|
558 (3)
|
not take reasonable steps to stop someone else from contravening embargo
notice
|
10 000
|
|
|
86
|
559 (3)
|
fail to comply with authorised officer’s requirement to seal/restrict
access to/make inoperable embargoed thing
|
10 000
|
|
|
87
|
559 (4)
|
tamper with restricted access/embargoed thing without authorised
officer’s approval
|
10 000
|
|
|
88
|
559 (5)
|
enter restricted place/tamper with anything used to restrict access to
place without authorised officer’s approval
|
10 000
|
|
|
89
|
567 (4)
|
not state/give evidence of name/address/date of birth when required by
authorised officer
|
3 000
|
300
|
|
90
|
567A
|
driver of heavy vehicle not give licence when required by authorised
officer
|
20pu
|
135
|
|
91
|
567B
|
responsible person/possessor not give particulars of driver/written signed
statement required by authorised officer
|
20pu
|
203
|
|
92
|
568 (3)
|
driver of heavy vehicle not give document/device/other thing when required
by authorised officer
|
an amount equal to amount of maximum penalty for offence of failing to keep
document/ device/other thing in driver’s possession
|
300
|
|
93
|
568 (7)
|
person responsible for keeping document not certify copy or entry in
document when required by authorised officer
|
3 000
|
300
|
|
94
|
569 (2)
|
responsible person for heavy vehicle not make available or produce stated
document for inspection when required by authorised officer
|
6 000
|
600
|
|
95
|
569 (7)
|
person responsible for keeping document not certify copy or entry in
document when required by authorised officer
|
3 000
|
300
|
|
96
|
570 (3)
|
responsible person for heavy vehicle fail to comply with authorised
officer’s requirement to give stated information/details to officer
|
6 000
|
|
|
97
|
573 (1)
|
fail to comply with improvement notice
|
10 000
|
|
|
98
|
577 (4)
|
occupier or person at place/driver of heavy vehicle fail to comply with
authorised officer’s requirement to give officer reasonable help
|
10 000
|
|
|
99
|
584 (1)
|
obstruct authorised officer/helper/assistant exercising power
|
10 000
|
|
|
100
|
585
|
impersonate authorised officer
|
10 000
|
|
|
101
|
604
|
fail to comply with supervisory intervention order
|
10 000
|
|
|
102
|
610
|
fail to comply with prohibition order
|
10 000
|
|
|
103
|
697 (3)
|
make improper use of position/information because of exercise of functions
under Heavy Vehicle National Law (ACT)
|
10 000
|
|
|
104
|
699 (1)
|
employer dismisses/prejudices employee for giving information/making
complaint about contravention of Heavy Vehicle National Law (ACT)
|
10 000
|
|
|
105
|
699 (2)
|
employer not offer employment/treat prospective employee less favourably
for giving information/making complaint about contravention of Heavy Vehicle
National Law (ACT)
|
10 000
|
|
|
106
|
700 (4)
|
employer not comply with court order for reinstatement of employee or
employment of prospective employee
|
10 000
|
|
|
107
|
701 (1)
|
knowingly make false/misleading statement to official
|
10 000
|
|
|
108
|
701 (2)
|
recklessly make false/misleading statement to official
|
8 000
|
|
|
109
|
702 (1)
|
knowingly give official document containing false/misleading
information
|
10 000
|
|
|
110
|
702 (3)
|
recklessly give official document containing false/misleading
information
|
8 000
|
|
|
111
|
703 (1)
|
responsible person for heavy vehicle knowingly gives another responsible
person false/misleading information
|
10 000
|
|
|
112
|
703 (2)
|
responsible person for heavy vehicle recklessly gives another responsible
person false/misleading information
|
8 000
|
|
|
113
|
704 (1)
|
falsely represent heavy vehicle authority granted/operating under heavy
vehicle authority
|
10 000
|
|
|
114
|
704 (2)
|
represent operating under heavy vehicle authority no longer in force
|
10 000
|
|
|
115
|
704 (3)
|
possess document that falsely purports to be accreditation certificate
etc
|
10 000
|
|
|
116
|
728 (1)
|
disclose protected information
|
20 000
|
|
|
117
|
729 (1)
|
use protected information other than for authorised use
|
20 000
|
|
|
118
|
729 (3)
|
use disclosed protected information other than for authorised use
|
20 000
|
|
|
Part 1.2B Heavy Vehicle (Mass, Dimension and Loading) National
Regulation
column 1
item
|
column 2
offence provision and, if relevant, case
|
column 3
short description
|
column 4
offence penalty ($)
|
column 5
infringement penalty ($)
|
column 6
demerit points
|
---|---|---|---|---|---|
1
|
11 (1)
|
drive CML heavy vehicle under concessional mass limit without relevant
accreditation label maintained as required
|
3 000
|
300
|
|
2
|
16 (2)
|
use/permit to be used/HML heavy vehicle in area/on route in contravention
of condition of HML declaration
|
3 000
|
300
|
|
3
|
28
|
driver/operator of HML heavy vehicle contravene condition of HML
permit
|
3 000
|
300
|
|
4
|
34 (2)
|
not return amended/cancelled HML permit as required
|
4 000
|
400
|
|
5
|
35 (1)
|
not apply for replacement for defaced/destroyed/lost/stolen HML permit as
required
|
4 000
|
|
|
6
|
36 (2)
|
drive HML heavy vehicle under higher mass limit without relevant
accreditation maintained as required
|
3 000
|
300
|
|
60 Schedule 1, parts 1.8A and 1.8B
omit
Part 11 Road Transport (Public Passenger Services) Act 2001
61 Name of Act
Section 1,
note 2
omit
•
substitute
Note 3 Other laws dealing with road transport include the Dangerous Goods (Road Transport) Act 2009
and the Heavy Vehicle National Law (ACT).
Note 4 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act
, s 104).
Part 12 Road Transport (Safety and Traffic Management) Act 1999
63 Name of Act
Section 1,
note 2
omit
•
substitute
Note 3 Other laws dealing with road transport include the Dangerous Goods (Road Transport) Act 2009
and the Heavy Vehicle National Law (ACT).
Note 4 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act
, s 104).
Part 13 Road Transport (Safety and Traffic Management) Regulation 2000
65 General
Division 2.2.1
heading, note 3, table, item 8, column 3
omit
substitute
Heavy Vehicle National Law (ACT)
66 ARR dict—definitions for
dictionary
Section 33 (1), definition of oversize vehicle,
paragraph (a)
substitute
(a) the Heavy Vehicle National Law (ACT); or
Part 14 Road Transport (Third-Party Insurance) Act 2008
67 Name of Act
Section 1,
note 2
omit
•
substitute
Note 3 Other laws dealing with road transport include the Dangerous Goods (Road Transport) Act 2009
and the Heavy Vehicle National Law (ACT).
Note 4 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act
, s 104).
Part 15 Road Transport (Vehicle Registration) Act 1999
69 Name of Act
Section 1,
note 2
omit
•
substitute
Note 3 Other laws dealing with road transport include the Dangerous Goods (Road Transport) Act 2009
and the Heavy Vehicle National Law (ACT).
Note 4 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act
, s 104).
71 Dictionary, definition of vehicle standard
substitute
vehicle standard—
(a) includes a standard or other requirement relating to the construction, design or equipment of a registrable vehicle; but
(b) does not include a heavy vehicle standard within the meaning of the Heavy Vehicle National Law (ACT).
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 24 October 2013.
2 Notification
Notified under the
on 2013.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2013
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