Australian Capital Territory Repealed Acts

This legislation has been repealed.

ROAD TRANSPORT (MASS, DIMENSIONS AND LOADING) ACT 2009 (REPEALED) - SECT 121

    (1)     This section applies to a breach of a requirement of an Australian heavy vehicle road law—

        (a)     to the effect that a load in a heavy vehicle or heavy combination must not project in a way that is dangerous to a person or property, even if all dimension, warning and other requirements are met; and

        (b)     that is not, apart from this section, a mass, dimension or loading requirement.

    (2)     For this Act, a breach to which this section applies is taken to be—

        (a)     a breach of a dimension requirement; and

        (b)     a minor risk breach of the requirement, unless subsection (3) applies.

    (3)     For this Act, a breach to which this section applies is taken to be a substantial risk breach if the breach is committed—

        (a)     at night; or

        (b)     in hazardous weather conditions that cause reduced visibility.

Note 1     Further enforcement powers are in ch 3.

Note 2     The enforcement powers under this division vary according to the risk category involved. The main features are as follows:

        (a)     Minor risk breaches

A police officer or authorised person may authorise the driver to continue the journey (conditionally or unconditionally), but in particular circumstances the officer or person may direct the driver to rectify the breach before proceeding or to move the heavy vehicle or heavy combination to a suitable location (within a limited distance) and not proceed until the breach is rectified.

        (b)     Substantial risk breaches

A police officer or authorised person must direct the driver not to proceed until the breach is rectified, but in particular circumstances (or acting under particular RTA instructions) the officer or person may direct the driver to move the heavy vehicle or heavy combination to the nearest suitable location and not proceed until the breach is rectified.

        (c)     Severe risk breaches

A police officer or authorised person must direct the driver not to proceed until the breach is rectified, but in particular circumstances (or acting under particular RTA instructions) the officer or person may direct the driver to move the heavy vehicle or heavy combination to the nearest safe location and not proceed until the breach is rectified.

A direction may instead be given to the operator of the heavy vehicle or heavy combination, who is required to ensure that the direction is carried out.