Australian Capital Territory Current Acts

HEAVY VEHICLE NATIONAL LAW (ACT) - SECT 93

    (1)     A person must not tamper with a speed limiter that is required under an Australian road law or by order of an Australian court to be, and is, fitted to a heavy vehicle.

Maximum penalty—$10000.

    (2)     A person must not fit, or direct the fitting of, a speed limiter to a heavy vehicle in circumstances where the person knows or ought reasonably to know that the speed limiter has been tampered with in such a way that, had it been fitted to the vehicle at the time of the tampering, an offence would have been committed against subsection (1).

Maximum penalty—$10000.

    (3)     An operator of a heavy vehicle must not use or permit the vehicle to be used on a road if the operator knows, or ought reasonably to know, that a speed limiter fitted to the vehicle, as required under an Australian road law or by order of an Australian court, has been tampered with in contravention of subsection (1) or fitted to the vehicle in contravention of subsection (2).

Maximum penalty—$10000.

    (4)     Subsections (1) and (2) do not apply to—

        (a)     conduct associated with repairing a malfunctioning speed limiter or maintaining a speed limiter; or

        (b)     an authorised officer when exercising functions under this Law.

    (5)     Subsection (3) does not apply to a heavy vehicle that—

        (a)     is on a journey to a place for the repair of the speed limiter or any of the vehicle's components or equipment that affect the operation of the speed limiter; and

        (b)     is travelling on the most direct or convenient route to that place from the place where the journey began.

    (6)     Subsection (3) applies whether or not a person has been proceeded against or found guilty of an offence against subsection (1) or (2) in relation to the tampering.

    (9)     In this section—

"speed limiter" means a device or system that is used to limit the maximum road speed of a heavy vehicle to which it is fitted and that complies with any applicable heavy vehicle standard.

"tamper", with a speed limiter fitted to a heavy vehicle, means alter, damage, remove, override or otherwise interfere with the speed limiter in a way that—

        (a)     enables the vehicle to be driven at a speed higher than the speed permitted by an applicable heavy vehicle standard; or

        (b)     alters, or may alter, any information recorded by the speed limiter; or

        (c)     results, or may result, in the speed limiter recording inaccurate information.