New South Wales Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 535

535 Powers for severe risk breach of mass, dimension or loading requirement

(1) This section applies if an authorised officer reasonably believes a heavy vehicle is the subject of 1 or more severe risk breaches of mass, dimension or loading requirements.

(2) The authorised officer must direct the driver or operator of the heavy vehicle--

(a) not to move the heavy vehicle until stated breaches of mass, dimension or loading requirements relating to the vehicle are rectified; or

(b) if the prescribed circumstances exist--

(i) to move the vehicle, or cause it to be moved, to the nearest stated safe location; and

(ii) not to proceed from there until stated breaches of mass, dimension or loading requirements relating to the vehicle are rectified.

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

(4) Despite subsection (3), 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.

(5) 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).

(6) Nothing in this section prevents an authorised officer from taking into account the safety of the heavy vehicle or any load in it if the officer reasonably believes the officer can do so without prejudicing the safety of other property, people, the environment, road infrastructure or public amenity.

(7) In this section--

"prescribed circumstances" means--

(a) there is a risk of harm to public safety; or

(b) there is an appreciable risk of harm to the environment, road infrastructure or public amenity.

"risk of harm to public safety" , in relation to a heavy vehicle--

(a) includes the risk of harm to the safety of people, or live animals, in the vehicle; but

(b) does not include the risk of harm to the safety of the vehicle or goods, other than a live animal, in the vehicle.

"safe location" means a location where the authorised officer reasonably believes the heavy vehicle will pose a reduced risk or no appreciable risk of harm to public safety, the environment, road infrastructure or public amenity.

Example of a safe location--:

• a depot of the heavy vehicle or, if the heavy vehicle is a combination, a depot of a vehicle in the combination

• a weighbridge

• a rest area

• a place where the heavy vehicle can be loaded or unloaded

"stated" means stated by the authorised officer.