Commonwealth Numbered Regulations

NATIONAL TRANSPORT COMMISSION (MODEL ACT ON HEAVY VEHICLE SPEEDING COMPLIANCE) REGULATIONS 2008 (SLI NO 152 OF 2008) - REG 29.

                Without limiting the ways in which a person may take all reasonable steps for the purposes of this Act, a person is to be regarded as having taken all reasonable steps to ensure that a specified thing will not cause a driver of a vehicle to exceed any speed limit that applies to the vehicle if she or he -

                (a)    identifies and assesses -

                          (i)    what aspects of the specified thing might cause the driver to exceed a speed limit; and

                         (ii)    the risks that those aspects might cause the driver to exceed a speed limit; and

                         (iii)    if there is a substantial risk that an aspect might cause the driver to exceed a speed limit, what she or he can reasonably do to eliminate that risk, or if it is not reasonably possible to eliminate that risk, to minimise that risk; and

               (b)    repeats that identification and assessment -

                          (i)    if anything occurs that may adversely affect, or that indicates that there may be a problem with, the specified thing; and

                         (ii)    in any event, at least annually; and

                (c)    does the things identified under paragraph (a) (ii) as being things that she or he can reasonably do; and

               (b)    documents the actions that she or he has taken under paragraphs (a), (b) and (c), and retains that documentation for at least 3 years.