Australian Capital Territory Numbered Acts

ROAD TRANSPORT (MASS, DIMENSIONS AND LOADING) ACT 2009 (NO. 22 OF 2009) - SECT 124

    (1)     This section applies if a police officer or authorised person believes on reasonable grounds that a heavy vehicle or heavy combination—

        (a)     is the subject of a minor risk breach of a mass, dimension or loading requirement; and

        (b)     is not the subject of a substantial risk breach, or severe risk breach, of the requirements.

    (2)     The police officer or authorised person must give a driver or operator of the heavy vehicle or heavy combination either—

        (a)     an authorisation to proceed under section 125; or

        (b)     if the officer or person has the belief mentioned in subsection (3)—a direction to stop and rectify the breach under section 126; or

        (c)     if the officer or person has the belief mentioned in subsection (4)—a direction to move and rectify the breach under section 127.

    (3)     The police officer or authorised person may give a direction under section 125 if the officer or person believes on reasonable grounds that circumstances exist that justify the giving of a direction under the section.

    (4)     The police officer or authorised person may give a direction under section 126 if the officer or person believes on reasonable grounds that—

        (a)     circumstances exist that justify the giving of a direction under the section; and

        (b)     the heavy vehicle or heavy combination should be moved to another location.

    (5)     Without limiting subsection (3) or (4), circumstances that justify the giving of a direction exist if—

        (a)     rectification is reasonable and can be carried out easily; or

        (b)     rectification is necessary in the public interest to avoid potential risk of harm to public safety, the environment, road infrastructure or public amenity.