New South Wales Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 60

60 Compliance with heavy vehicle standards

(1) A person must not use, or permit to be used, on a road a heavy vehicle that contravenes a heavy vehicle standard applying to the vehicle.

: Maximum penalty--

(a) $3000, except as provided in paragraph (b); or

(b) $6000, for contravention of a heavy vehicle standard relating to a speed limiter.

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

(2) Subsection (1) does not apply to--

(a) a heavy vehicle that--

(i) is on a journey to a place for the repair of the vehicle, or any of its components or equipment, and is travelling on the most direct or convenient route to that place from the place where the journey began; and

Note for the purposes of subparagraph (i)--: The subparagraph does not operate to exempt a person from complying with the requirements of a vehicle defect notice applying to the vehicle.

(ii) does not have any goods in it; and

(iii) is used on a road in a way that does not pose a safety risk; or

(b) a heavy vehicle that--

(i) is on a road for testing or analysis of the vehicle, or any of its components or equipment, by an approved vehicle examiner for the purpose of checking its compliance with the heavy vehicle standards; and

(ii) does not have any passengers in it; and

(iii) does not have any goods in it, unless--

(A) it has a quantity of goods that is necessary or appropriate for the conduct of the testing or analysis; and

(B) without limiting subparagraph (iv), there are no reasonable grounds to believe the vehicle laden with those goods poses a significant safety risk; and

(iv) is used on a road in a way that does not pose a safety risk.

(3) A person does not commit an offence against subsection (1) in relation to a heavy vehicle's noncompliance with a heavy vehicle standard if, and to the extent, the noncompliance relates to a noncompliance known to the registration authority for the heavy vehicle at the time the registration authority registered the vehicle under an Australian road law.

(4) For the purposes of subsection (3), the registration authority is taken to have known of the heavy vehicle's noncompliance with a heavy vehicle standard at the time the registration authority registered the vehicle if the noncompliance was mentioned in--

(a) an operations plate that was installed on the vehicle at the time it was registered; or

(b) a certificate of approved operations issued for the vehicle and in force at the time the vehicle was registered; or

(c) a document obtained by the registration authority under an Australian road law in connection with the registering of the vehicle.

(5) Subsection (3) applies only if the heavy vehicle, and its use on a road, complies with the conditions of the heavy vehicle's registration under an Australian road law.

(6) If a PBS vehicle is exempt from vehicle standards stated in its PBS vehicle approval but it complies with the other applicable vehicle standards, the vehicle is regarded for the purposes of this Law as complying with the vehicle standards applying to the vehicle.

Note--: See also section 81(4) to (6) for the effect of a vehicle standards exemption on compliance with subsection (1).