New South Wales Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 533

533 Powers for minor risk breach of mass, dimension or loading requirement

(1) This section applies if an authorised officer reasonably believes a heavy vehicle--

(a) is the subject of 1 or more minor risk breaches of mass, dimension or loading requirements; and

(b) is not, or is no longer, also the subject of a substantial, or severe, risk breach of a mass, dimension or loading requirement.

(2) If the authorised officer reasonably believes it appropriate in the circumstances, the officer may direct the driver or operator of the heavy vehicle--

(a) to immediately rectify stated breaches of mass, dimension or loading requirements relating to the vehicle; or

(b) to move the vehicle, or cause it to be moved, to a stated place and not to move the vehicle, or cause it to be moved, from there until stated breaches of mass, dimension or loading requirements relating to the vehicle are rectified.

Examples of circumstances for the purposes of subsection (2)--:

1 Rectification is reasonable and can be carried out easily.

2 Rectification is necessary in the public interest to avoid a safety risk, damage to road infrastructure or an adverse effect on public amenity.

(3) A place mentioned in subsection (2)(b) must be--

(a) a place the authorised officer reasonably believes is suitable for the purpose of complying with the direction; and

(b) within a 30km radius from--

(i) where the heavy vehicle is located when the direction is given; or

(ii) if the direction is given in the course of the heavy vehicle's journey--any point along the forward route of the journey.

(4) If the authorised officer does not give the driver or operator of a heavy vehicle a direction under subsection (2) and the authorised officer reasonably believes the driver or operator is not, or is no longer, subject to a direction for the rectification of a minor risk breach of a mass, dimension or loading requirement relating to the vehicle, the officer may authorise the driver or operator to continue the vehicle's journey.

(5) A direction given under subsection (2) must be in writing and may be given with or without conditions.

(6) Despite subsection (5), a direction to move a heavy vehicle may be given orally if the moving of the vehicle is carried out in the presence, or under the supervision, of an authorised officer.

(7) The person to whom a direction is given under this section must comply with the direction, unless the person has a reasonable excuse.

: Maximum penalty--$10000.

Editorial note--: See also section 737 (Increase of penalty amounts).

(8) In this section--

"stated" means stated by the authorised officer.