Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
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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 | | |