This legislation has been repealed.
TABLE OF PROVISIONS Long Title CHAPTER 1--PRELIMINARY PART 1.1--INTRODUCTION 1. Name of Act 3. Dictionary 4. Notes 5. Offences against Act—application of Criminal Code etc 6. Objects of Act PART 1.2--IMPORTANT CONCEPTS 7. Meaning of heavy vehicle 8. Meaning of heavy combination 9. Meaning of driver of vehicle or combination 10. Meaning of base of driver of vehicle or combination 11. Meaning of operator of vehicle or combination 12. Meaning of responsible person for heavy vehicle or heavy 12A. Rights, liabilities and obligations of multiple responsible people 13. Meaning of consignor of goods 14. Meaning of consignee of goods 15. Meaning of freight container 16. Meaning of package of goods and packer 17. Meaning of loader of goods 18. Meaning of transport documentation 19. Meaning of journey documentation PART 1.3--AUTHORISED PEOPLE 20. Reciprocal powers agreements 21. Reciprocal powers agreements—functions 22. Road transport authority may designate other jurisdiction card as identity 23. Road transport authority may exercise functions of police officers and authorised CHAPTER 2--MASS, DIMENSIONS AND LOADING REQUIREMENTS FOR VEHICLES PART 2.1--DEFINITIONS--CH 2 100. Definitions—ch 2 101. Meaning of mass requirement—ch 2 102. Meaning of dimension requirement—ch 2 103. Meaning of loading requirement—ch 2 PART 2.2--MASS, DIMENSIONS AND LOADING REQUIREMENTS FOR HEAVY VEHICLES AND HEAVY COMBINATIONS Division 2.2.1--Preliminary 104. Purpose and operation—pt 2.2 105. Meaning of imminent loss or shifting of load—pt 2.2 106. Deciding whether breach involves appreciable risk of harm 107. Movement of people not shifting or loss of load Division 2.2.2--Categorisation of breaches Subdivision 2.2.2.1--Categories of breaches 108. Categories generally 109. Meaning of minor risk breach—ch 2 110. Meaning of substantial risk breach—ch 2 111. Meaning of severe risk breach—ch 2 112. Lower limits—breach of mass requirements 113. Lower limits—breach of dimension requirements—load 114. Lower limits—breach of dimension requirements—overall 115. Lower limits—breach of dimension requirements—height 116. Lower limits—breach of dimension requirements—length Subdivision 2.2.2.3--Some breaches taken to be higher category breaches 117. Lower limits—some width breaches higher category breaches 118. Lower limits—some length breaches higher category breaches 119. Lower limits—some dimension breaches higher category 120. Regulation may increase lower limits 121. Requirement breaches relating to dangerous Division 2.2.3--Enforcement powers Subdivision 2.2.3.1--Application and definitions 122. Application—div 2.2.3 123. Definitions—div 2.2.3 Subdivision 2.2.3.2--Minor risk breaches 124. Minor risk breaches—authorisation and directions 125. Minor risk breaches—authorisation to proceed 126. Minor risk breaches—directions to stop and rectify 127. Minor risk breaches—directions to move and rectify 128. Offence—minor risk breaches—fail to comply with directions Subdivision 2.2.3.3--Substantial risk breaches 129. Substantial risk breaches—directions 130. Substantial risk breaches—directions to stop and rectify 131. Substantial risk breaches—directions to move and rectify 132. Offence—substantial risk breaches—fail to comply with directions Subdivision 2.2.3.4--Severe risk breaches 133. Severe risk breaches—directions 134. Severe risk breaches—directions to stop and rectify 135. Severe risk breaches—directions to move and rectify 136. Offence—severe risk breaches—fail to comply with directions Subdivision 2.2.3.5--Miscellaneous 137. Authorisation to continue journey if minor risk breach 138. Offence—fail to comply with authorisation to continue journey 139. Operation of directions for combinations 140. Directions and authorisations to be in writing Division 2.2.4--Liability for breaches of mass, dimensions and loading requirements Subdivision 2.2.4.1--Liability of consignors 141. Offence—liability of consignors—minor and substantial mass breaches 142. Offence—liability of consignors—severe mass breaches 143. Offence—liability of consignors—weight exceeds marked weight 144. Offence—liability of consignors—minor and substantial dimension and loading 145. Offence—liability of consignors—severe dimension and loading breaches Subdivision 2.2.4.2--Liability of packers 146. Offence—liability of packers—minor and substantial mass breaches 147. Offence—liability of packers—severe mass breaches 148. Offence—liability of packers—weight exceeds marked weight 149. Offence—liability of packers—minor and substantial dimensions and loading 150. Offence—liability of packers—severe dimensions and loading breaches Subdivision 2.2.4.3--Liability of loaders 151. Offence—liability of loaders—minor and substantial mass breaches 152. Offence—liability of loaders—severe mass breaches 153. Offence—liability of loaders—minor and substantial dimension and loading 154. Offence—liability of loaders—severe dimension and loading breaches Subdivision 2.2.4.4--Liability of operators 155. Offence—liability of operators—minor and substantial mass breaches 156. Offence—liability of operators—severe mass breaches 157. Offence—liability of operators—minor and substantial dimension and loading 158. Offence—liability of operators—severe dimension and loading breaches Subdivision 2.2.4.5--Liability of drivers 159. Offence—liability of drivers—minor and substantial mass breaches 160. Offence—liability of drivers—severe mass breaches 161. Offence—liability of drivers—minor and substantial dimensions and loading 162. Offence—liability of drivers—severe dimensions and loading breaches Subdivision 2.2.4.6--Liability of consignees 163. Offence—liability of consignees Division 2.2.5--Sanctions 164. Matters to be taken into consideration by courts 165. Default categorisation Division 2.2.6--Container weight declarations 166. Application—div 2.2.6 167. Meaning of responsible entity for freight container 168. Meaning of container weight declaration 169. Meaning of complying container weight 170. Offence—duty of responsible entities for freight containers 171. Offence—duty of operators of vehicles and combinations 172. Offence—duty of drivers of vehicles and combinations 173. Offence—liability of consignees Division 2.2.7--Recovery of losses—container weight declarations not given or inaccurate 174. Recovery of losses—container weight declaration not given 175. Recovery of losses—container weight declaration inaccurate 176. Recovery of losses by responsible entity for freight container 177. Assessment of amount or attributable amount 178. Costs—div 2.2.7 Division 2.2.8--False and misleading transport and journey documentation 179. Offence—provide false or misleading transport and journey documentation Division 2.2.9--Concessions 180. Operation—div 2.2.9 181. Meaning of mass, dimension or loading 182. Meaning of condition—div 2.2.9 183. Offence—fail to comply with concession conditions 184. Effect of fail to comply with concession conditions—prosecutions PART 2.3--GENERAL EXCEPTIONS TO OFFENCES Division 2.3.1--Reasonable steps exception 185. Reasonable steps exception 186. Reasonable steps exception—reliance on container weight Division 2.3.2--Other exceptions to offences 187. Meaning of deficiency in a vehicle or 188. Exception for owners and operators 189. Exception for drivers 190. Exception if complying with direction PART 2.4--ADDITIONAL SANCTIONS FOR HEAVY VEHICLE OFFENCES Division 2.4.1--Preliminary 191. Meaning of associate—pt 2.4 192. Penalties imposed by courts Division 2.4.2--Improvement notices 193. Definitions—div 2.4.2 194. Improvement notices 195. Extensions of time to comply with improvement notices 196. Offence—fail to comply with improvement notice 197. Amendment of improvement notices 198. Cancellation of improvement notices 199. Clearance certificates Division 2.4.3--Formal warnings 200. Formal warnings 201. Withdrawal of formal warnings Division 2.4.4--Commercial benefits penalty orders 202. Commercial benefits penalty orders 203. Commercial benefits penalty orders—estimating gross commercial Division 2.4.5--Licensing and registration sanctions 204. Sanctions involving driver licences 205. Sanctions involving heavy vehicle registration Division 2.4.6--Supervisory intervention orders 206. Supervisory intervention orders 207. Supervisory intervention orders—compliance reports 208. Supervisory intervention orders—amendment and revocation 209. Offence—fail to comply with supervisory intervention order Division 2.4.7--Prohibition orders 210. Prohibition orders 211. Prohibition orders—amendment and revocation 212. Offence—fail to comply with prohibition order PART 2.5--OTHER PROVISIONS ABOUT MASS, DIMENSIONS AND LOADING REQUIREMENTS Division 2.5.1--Mutual recognition 213. Effect of prescribed administrative actions of authorities of other 214. Effect of court orders of other jurisdictions Division 2.5.2--Declared zones and declared routes 215. Minister may declare zones and routes Division 2.5.3--Victimisation of people for reporting breaches and assisting with investigations 216. Definitions—div 2.5.3 217. Offence—victimisation of employees for reporting breaches or assisting with 218. Offence—victimisation of prospective employees for reporting breaches or assisting with 219. Victimisation offences—order for compensation 220. Victimisation offences—order for re-employment etc 221. Offence—fail to comply with employment order CHAPTER 3--INVESTIGATION AND ENFORCEMENT PART 3.1--INVESTIGATION POWERS Division 3.1.1--Preliminary 300. Definitions—pt 3.1 301. Meaning of qualified to drive or run engine—pt 3.1 302. Meaning of fit to drive or run engine—pt 3.1 303. Meaning of authorised to drive or run engine—pt 3.1 304. Meaning of unattended vehicle or combination—pt 3.1 305. Meaning of driver of disconnected trailer—pt 3.1 306. Meaning of broken-down motor vehicle, trailer or combination—pt 307. Exercise of power for compliance purposes—pt 3.1 Division 3.1.2--Directions to stop, move and leave heavy vehicles and heavy combinations 308. Application—div 3.1.2 309. Directions to stop vehicles and combinations 310. Offence—fail to comply with direction to stop vehicle or combination 311. Directions to move vehicles and combinations—exercise of other 312. Offence—fail to comply with direction to move vehicle or combination—exercise of other 313. Directions to move vehicles and combinations—harm or obstruction 314. Offence—fail to comply with direction to move vehicle or combination—harm or 315. Directions to leave vehicles and combinations 316. Offence—fail to comply with direction to leave vehicle or combination Division 3.1.3--Power to move unattended and broken-down vehicles and combinations 317. Moving unattended vehicles and combinations—exercise other 318. Moving unattended and broken-down vehicles and combinations—harm or 319. Moving unattended and broken-down vehicles and combinations—harm or 320. Driving vehicles and combinations—div 3.1.3—driver need not be Division 3.1.4--Directions to provide records, information, etc 321. Directions to produce records, devices, etc 322. Offence—fail to comply with direction to produce records, devices, etc 323. Direction to give name etc 324. Offence—fail to comply with direction to give name etc 325. Directions to provide information 326. Offence—fail to comply with direction to provide information Division 3.1.5--Provisions about directions 327. How directions may be given 328. Directions to state time for compliance 329. Amendment and revocation of directions and conditions 330. Directions may be given under more than 1 provision 331. Protection from incrimination PART 3.2--ENFORCEMENT POWERS Division 3.2.1--Preliminary 332. Definitions—pt 3.2 Division 3.2.2--Powers of authorised people 333. Power to enter premises, vehicles and combinations 334. Production of identity card 335. Consent to entry 336. General powers on entry to premises, vehicles and combinations 337. Directions to give assistance 338. Offence—fail to comply with direction to give assistance 339. Assistance with running engine 340. Protection for people assisting with running engine 341. Use of assistants and equipment 342. Use of equipment to examine and process things 343. Use and seizure of electronic equipment 344. Power to seize things Division 3.2.3--Embargo notices 345. Embargo notices 346. Offence—fail to comply with embargo notice 347. Offence—fail to prevent someone else doing something forbidden by embargo 348. Revocation of embargo notice Division 3.2.4--Search warrants 349. Warrants generally 350. Warrants—application made other than in person 351. Search warrants—announcement before entry 352. Details of search warrant to be given to occupier etc 353. Occupier entitled to be present during search etc Division 3.2.5--Return and forfeiture of things seized 354. Receipt for things seized 355. Moving things to another place for examination or processing under search 356. Access to things seized 357. Return of things seized 358. Forfeiture of seized things 359. Application for order disallowing seizure 360. Order for return of seized thing PART 3.3--MISCELLANEOUS 361. Damage etc to be minimised 362. Restoring vehicle, premises etc to original condition after action 363. Compensation for exercise of enforcement powers 364. Only police officers to use force against people CHAPTER 4--COURT PROCEEDINGS PART 4.1--LIABILITY FOR OFFENCES 400. Criminal liability of executive officers of corporations 401. Offence—partners etc taken to have committed offences of other partners 402. Offence—managers etc of unincorporated associations taken to have committed offences of other 403. Offence—registered operators taken to have committed offences of operators PART 4.2--ROADS COMPENSATION ORDERS FOR DAMAGE TO ROAD INFRASTRUCTURE 404. Roads compensation orders—making 405. Roads compensation orders—application 406. Roads compensation orders—assessment 407. Roads compensation orders—certificates 408. Roads compensation orders—limits on amount 409. Roads compensation orders—costs 410. Roads compensation orders—enforcement 411. Roads compensation orders—other orders and awards PART 4.3--EVIDENCE 412. Proof of appointments unnecessary 413. Averments 414. Evidence—measuring and weighing 415. Evidence—mass of vehicle or combination 416. Evidence—manufacturer's ratings 417. Evidence—vehicle or combination not heavy vehicle or heavy combination 418. Evidence—transport documentation and journey documentation CHAPTER 5--MISCELLANEOUS PART 5.1--SECRECY AND INFORMATION SHARING 500. Definitions—pt 5.1 501. Secrecy 502. Information sharing guidelines 503. Offence—information not to be used for other purposes 504. Road transport authority may give seized records etc to other 505. Road transport authority may give information to other PART 5.2--OTHER MISCELLANEOUS PROVISIONS 506. Contracting out prohibited 507. Regulation-making power 508. Regulations—exemptions 509. Regulations—mass, dimension and loading restrictions on use of vehicles 510. Offence—drive light vehicle in breach of mass, dimension or loading restriction in 511. Regulations—may apply certain documents etc DICTIONARY ENDNOTES