New South Wales Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 81

81 Contravening condition of vehicle standards exemption

(1) A person must not contravene a condition of a vehicle standards exemption.

: Maximum penalty--$4000.

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

(2) A person must not use, or permit to be used, on a road a heavy vehicle that contravenes a condition of a vehicle standards exemption applying to the vehicle.

: Maximum penalty--$4000.

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

(3) A person must not use a heavy vehicle, or permit a heavy vehicle to be used, on a road in a way that contravenes a condition of a vehicle standards exemption applying to the vehicle.

: Maximum penalty--$4000.

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

(4) A person does not commit an offence against this Law in relation to a heavy vehicle contravening a heavy vehicle standard if--

(a) the heavy vehicle is exempt, under a vehicle standards exemption, from compliance with the heavy vehicle standard; and

(b) the heavy vehicle, and its use on a road, complies with the conditions of the exemption.

(5) However, if a person commits a condition offence in relation to the exemption--

(a) the exemption does not operate in the person's favour while the contravention constituting the offence continues; and

(b) the exemption must be disregarded in deciding whether the person has committed an offence in relation to a contravention of a heavy vehicle standard applying to a heavy vehicle.

(6) If, because of the operation of subsection (5), a person commits an offence against a provision of this Law (the
"other offence provision" ) in relation to a heavy vehicle standard to which the exemption applies, the person--

(a) may be charged with the condition offence or an offence against the other offence provision; but

(b) must not be charged with both offences.

(7) Subsection (1) does not apply to a condition mentioned in section 82(1).

(8) In this section--

"condition offence" means an offence against subsection (1), (2) or (3).