New South Wales Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 198

198 Recovery of losses arising from non-provision of container weight declaration

(1) This section applies if the driver of a heavy vehicle transporting a freight container by road using the vehicle has not been provided with a container weight declaration for the freight container before starting to transport the freight container.

(2) A person who has incurred a loss as a result of the declaration not being provided (the
"plaintiff" ) has a right to recover the loss from the responsible entity for the freight container.

(3) For the purposes of subsection (2), the losses that may be recovered include the following--

(a) loss incurred from delays in the delivery of the freight container, any of its contents or any other goods;

(b) loss incurred from the damage to or spoliation of anything contained in the freight container;

(c) loss incurred from providing another heavy vehicle, and loss incurred from delays arising from providing another heavy vehicle;

(d) costs or expenses incurred for weighing the freight container or any of its contents.

(4) The plaintiff may enforce the plaintiff's right to recovery under subsection (2) by bringing a proceeding in a court of competent jurisdiction for an order for payment of the monetary value of the loss.