Australian Capital Territory Numbered Acts

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ROAD TRANSPORT (MASS, DIMENSIONS AND LOADING) ACT 2009 (NO. 22 OF 2009) - SECT 12

Meaning of responsible person for heavy vehicle or heavy combination

    (1)     In this Act:

"responsible person", for a heavy vehicle or heavy combination—

        (a)     means anyone with, at a relevant time, a role or responsibilities associated with road transport involving the vehicle or combination; and

        (b)     includes a defined person for the vehicle or combination.

    (2)     In this section:

"defined person" means the following:

        (a)     an owner of the vehicle or combination or of a vehicle in the combination;

        (b)     a driver of the vehicle or combination;

        (c)     an operator or registered operator of the vehicle or combination;

        (d)     a person in charge, or apparently in charge, of the vehicle or combination;

        (e)     a person in charge, or apparently in charge, of—

              (i)     the garage address of the vehicle or combination; or

              (ii)     the base of the driver or drivers of the vehicle or combination;

Note     Base , of a driver of a vehicle or combination—see  s 10.

        (f)     a person appointed under an approved road transport compliance scheme to have monitoring or other responsibilities under the scheme for the vehicle or combination;

Example

a person appointed to have responsibilities for certifying, monitoring or approving vehicles or combinations under the approved road transport compliance scheme

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

        (g)     an operator of an intelligent transport system that applies in relation to the vehicle or combination;

        (h)     a person in charge of premises entered, in relation to the vehicle or combination, by a police officer or authorised person under this Act;

              (i)     a person who consigns goods for transport by road in the vehicle or combination;

        (j)     a person who packs goods in a freight container or other container or in a package or on a pallet for transport by road in the vehicle or combination;

        (k)     a person who loads goods or a container on the vehicle or combination for transport by road;

        (l)     a person who unloads goods, or a container containing goods, consigned for transport by road on the vehicle or combination;

        (m)     a person to whom goods are consigned for transport by road in the vehicle or combination;

        (n)     a person who receives goods packed outside Australia in a freight container, or other container, or on a pallet for transport by road in Australia on the vehicle or combination;

        (o)     an owner or operator of a weighbridge, or weighing facility, used to weigh the vehicle or combination, or an occupier of premises where the weighbridge or weighing facility is located;

        (p)     a responsible entity for a freight container for the vehicle or combination;

Note     Responsible entity , for a freight container—see  s 167.

        (q)     a person who controls or directly influences the loading or operation of the vehicle or combination;

        (r)     an agent, employer, employee or subcontractor of anyone mentioned in this section.



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