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HEAVY VEHICLE NATIONAL LAW (QUEENSLAND) - As at 19 February 2024 - Act hvnlq of 2012


TABLE OF PROVISIONS

CHAPTER 1 - PRELIMINARY

   PART 1.1 - INTRODUCTORY MATTERS

   1.      Short title
   2.      Commencement
   3.      Object of Law
   4.      Regulatory framework to achieve object

   PART 1.2 - INTERPRETATION

   5.      Definitions
   6.      Meaning of heavy vehicle
   7.      Meaning of fatigue-regulated heavy vehicle
   8.      Meaning of road and road-related area
   9.      Meaning of convicts and convicted of an offence
   10.     Interpretation generally
   11.     References to laws includes references to instruments made under laws
   12.     References to this Law as applied in a participating jurisdiction
   13.     References to road
   14.     References to particular ADR versions
   15.     References to categories of heavy vehicles

   PART 1.3 - APPLICATION AND OPERATION OF LAW

   16.     Extraterritorial operation of Law
   17.     Law binds the State
   18.     Relationship with primary work health and safety laws

   PART 1.4 - PERFORMANCE BASED STANDARDS

   19.     Main purpose of this Part
   20.     Notification to road authority of PBS design approval
   21.     Notification by responsible Minister of non-application or restricted application of PBS design approval
   22.     Application for PBS design approval
   23.     Application for PBS vehicle approval
   24.     Exemption from stated vehicle standards
   25.     Authorisation of different mass or dimension requirement
   25A.    Keeping copy of PBS vehicle approval while driving
   26.     National regulations

CHAPTER 1A - SAFETY DUTIES

   PART 1A.1 - PRINCIPLES

   26A.    Principle of shared responsibility
   26B.    Principles applying to duties

   PART 1A.2 - NATURE OF DUTY

   26C.    Primary duty
   26D.    Duty of executive of legal entity
   26E.    Prohibited requests and contracts

   PART 1A.3 - FAILING TO COMPLY WITH DUTY

   26F.    Category 1 offence
   26G.    Category 2 offence
   26H.    Category 3 offence

CHAPTER 2 - (Repealed)

CHAPTER 3 - VEHICLE OPERATIONS—STANDARDS AND SAFETY

   PART 3.1 - PRELIMINARY

   58.     Main purpose of Ch 3

   PART 3.2 - COMPLIANCE WITH HEAVY VEHICLE STANDARDS

           Division 1 - Requirements

   59.     Heavy vehicle standards
   60.     Compliance with heavy vehicle standards

           Division 2 - Exemptions by Commonwealth Gazette notice

   61.     Regulator’s power to exempt category of heavy vehicles from compliance with heavy vehicle standard
   62.     Restriction on grant of vehicle standards exemption (notice)
   63.     Conditions of vehicle standards exemption (notice)
   64.     Period for which vehicle standards exemption (notice) applies
   65.     Requirements about Commonwealth Gazette notice
   66.     Amendment or cancellation of vehicle standards exemption (notice)
   67.     Immediate suspension on Regulator’s initiative

           Division 3 - Exemptions by permit

   68.     Regulator’s power to exempt particular heavy vehicle from compliance with heavy vehicle standard
   69.     Application for vehicle standards exemption (permit)
   70.     Restriction on grant of vehicle standards exemption (permit)
   71.     Conditions of vehicle standards exemption (permit)
   72.     Period for which vehicle standards exemption (permit) applies
   73.     Permit for vehicle standards exemption (permit) etc.
   74.     Refusal of application for vehicle standards exemption (permit)
   75.     Amendment or cancellation of vehicle standards exemption (permit) on application by permit holder
   76.     Amendment or cancellation of vehicle standards exemption (permit) on Regulator’s initiative
   77.     Immediate suspension on Regulator’s initiative
   78.     Minor amendment of vehicle standards exemption (permit)
   79.     Return of permit
   80.     Replacement of defaced etc. permit

           Division 4 - Operating under vehicle standards exemption

   81.     Contravening condition of vehicle standards exemption
   82.     Keeping relevant document while driving under vehicle standards exemption (notice)
   83.     Keeping copy of permit while driving under vehicle standards exemption (permit)

   PART 3.3 - MODIFYING HEAVY VEHICLES

   84.     Definition for Pt 3.3
   85.     Modifying heavy vehicle requires approval
   86.     Approval of modifications by approved vehicle examiners
   87.     Approval of modification by Regulator
   87A.    Person must not tamper with plate or label
   88.     National regulations for heavy vehicle modification

   PART 3.4 - OTHER OFFENCES

   89.     Safety requirement
   90.     Requirement about properly operating emission control system
   91.     Person must not tamper with emission control system fitted to heavy vehicle
   92.     Display of warning signs required by heavy vehicle standards on vehicles to which the requirement does not apply
   93.     Person must not tamper with speed limiter fitted to heavy vehicle

CHAPTER 4 - VEHICLE OPERATIONS—MASS, DIMENSION AND LOADING

   PART 4.1 - PRELIMINARY

   94.     Main purposes of Ch 4

   PART 4.2 - MASS REQUIREMENTS

           Division 1 - Requirements

   95.     Prescribed mass requirements
   96.     Compliance with mass requirements

           Division 2 - Categories of breaches of mass requirements

   97.     Definitions for Div 2
   98.     Minor risk breach
   99.     Substantial risk breach
   100.    Severe risk breach

   PART 4.3 - DIMENSION REQUIREMENTS

           Division 1 - Requirements

   101.    Prescribed dimension requirements
   102.    Compliance with dimension requirements

           Division 2 - Categories of breaches of dimension requirements

   103.    Application of Div 2
   104.    Definitions for Div 2
   105.    Minor risk breach
   106.    Substantial risk breach
   107.    Severe risk breach

           Division 3 - Other provisions relating to load projections

   108.    Dangerous projections taken to be contravention of dimension requirement
   109.    Warning signals required for rear projection of loads

   PART 4.4 - LOADING REQUIREMENTS

           Division 1 - Requirements

   110.    National regulations may prescribe loading requirements
   111.    Compliance with loading requirements

           Division 2 - Categories of breaches of loading requirements

   112.    Minor risk breach
   113.    Substantial risk breach
   114.    Severe risk breach

           Division 3 - Evidentiary provision

   115.    Proof of contravention of loading requirement

   PART 4.5 - EXEMPTIONS FOR PARTICULAR OVERMASS OR OVERSIZE VEHICLES

           Division 1 - Preliminary

   116.    Class 1 heavy vehicles and class 3 heavy vehicles

           Division 2 - Exemptions by Commonwealth Gazette notice

   117.    Regulator’s power to exempt category of class 1 or 3 heavy vehicles from compliance with mass or dimension requirement
   118.    Restriction on grant of mass or dimension exemption (notice)
   119.    Conditions of mass or dimension exemption (notice)
   119A.   Process for amending a stated map or stated list
   120.    Period for which mass or dimension exemption (notice) applies
   121.    Requirements about Commonwealth Gazette notice

           Division 3 - Exemptions by permit

   122.    Regulator’s power to exempt particular class 1 or class 3 heavy vehicle from compliance with mass or dimension requirement
   123.    Application for mass or dimension exemption (permit)
   124.    Restriction on grant of mass or dimension exemption (permit)
   125.    Conditions of mass or dimension exemption (permit)
   126.    Period for which mass or dimension exemption (permit) applies
   127.    Permit for mass or dimension exemption (permit) etc.
   128.    Refusal of application for mass or dimension exemption (permit)

           Division 4 - Operating under mass or dimension exemption

   129.    Contravening condition of mass or dimension exemption generally
   130.    Contravening condition of mass or dimension exemption relating to pilot or escort vehicle
   131.    Using pilot vehicle with a heavy vehicle that contravenes certain conditions of mass or dimension exemption
   132.    Keeping relevant document while driving under mass or dimension exemption (notice)
   133.    Keeping copy of permit while driving under mass or dimension exemption (permit)

           Division 5 - Other provision

   134.    Displaying warning signs on vehicles if not required by dimension exemption

   PART 4.6 - RESTRICTING ACCESS TO ROADS BY LARGE VEHICLES THAT ARE NOT OVERMASS OR OVERSIZE VEHICLES

           Division 1 - Preliminary

   135.    Main purpose of Pt 4.6
   136.    Class 2 heavy vehicles

           Division 2 - Restriction

   137.    Using class 2 heavy vehicle

           Division 3 - Authorisation by Commonwealth Gazette notice

   138.    Regulator’s power to authorise use of all or stated categories of class 2 heavy vehicles
   139.    Restriction on grant of class 2 heavy vehicle authorisation (notice)
   140.    Conditions of class 2 heavy vehicle authorisation (notice)
   141.    Period for which class 2 heavy vehicle authorisation (notice) applies
   142.    Requirements about Commonwealth Gazette notice etc.
   142A.   Process for amending stated map or stated list

           Division 4 - Authorisation by permit

   143.    Regulator’s power to authorise use of a particular class 2 heavy vehicle
   144.    Application for class 2 heavy vehicle authorisation (permit)
   145.    Restriction on grant of class 2 heavy vehicle authorisation (permit)
   146.    Conditions of class 2 heavy vehicle authorisation (permit)
   147.    Period for which class 2 heavy vehicle authorisation (permit) applies
   148.    Permit for class 2 heavy vehicle authorisation (permit) etc.
   149.    Refusal of application for class 2 heavy vehicle authorisation (permit)

           Division 5 - Operating under class 2 heavy vehicle authorisation

   150.    Contravening condition of class 2 heavy vehicle authorisation
   151.    Keeping relevant document while driving under class 2 heavy vehicle authorisation (notice)
   152.    Keeping copy of permit while driving under class 2 heavy vehicle authorisation (permit)
   153.    (Repealed)

   PART 4.6A - RESTRICTED ACCESS VEHICLES

   153A.   Using restricted access vehicle

   PART 4.7 - PARTICULAR PROVISIONS ABOUT MASS OR DIMENSION AUTHORITIES

           Division 1 - Preliminary

   154.    Definitions for Pt 4.7

           Division 2 - Obtaining consent of relevant road managers

   155.    Application of Div 2
   156.    Period within which road manager must decide
   156A.   Deciding request for consent generally
   157.    Obtaining third party’s approval for giving consent for permit
   158.    Action pending consultation with third party
   159.    Deciding request for consent if route assessment required
   160.    Imposition of road conditions
   161.    Imposition of travel conditions
   162.    Imposition of vehicle conditions
   163.    Obtaining consent of road authority if particular road manager refuses to give consent
   164.    (Repealed)
   165.    (Repealed)
   166.    Information notice for decision to refuse application because road manager did not give consent
   167.    Expedited procedure for road manager’s consent for renewal of mass or dimension authority
   168.    Operation of section 167
   169.    Granting limited consent for trial purposes
   170.    Renewal of limited consent for trial purposes
   171.    Period for which mass or dimension authority applies where limited consent
   172.    Requirements for statement explaining adverse decision of road manager

           Division 3 - Amendment, cancellation or suspension of mass or dimension authority granted by Commonwealth Gazette notice

   173.    Amendment or cancellation on Regulator’s initiative
   174.    Amendment or cancellation on request by relevant road manager
   175.    Immediate suspension
   175A.   Minor amendment

           Division 4 - Amendment, cancellation or suspension of mass or dimension authority granted by permit

   176.    Amendment or cancellation on application by permit holder
   177.    Amendment or cancellation on Regulator’s initiative
   178.    Amendment or cancellation on request by relevant road manager
   179.    Immediate suspension
   180.    Minor amendment of permit for a mass or dimension authority

           Division 5 - Provisions about permits for mass or dimension authorities

   181.    Return of permit
   182.    Replacement of defaced etc. permit

   PART 4.8 - (Repealed)

   PART 4.9 - OTHER OFFENCES

           Division 1 - Towing restriction

   184.    Towing restriction

           Division 2 - Coupling requirements

   185.    Requirements about coupling trailers

           Division 3 - Transport documentation

   186.    False or misleading transport documentation for goods
   187.    False or misleading information in container weight declaration

           Division 4 - Other offences about container weight declarations

   188.    Application of Div 4
   189.    Meaning of complying container weight declaration
   190.    Duty of responsible entity
   191.    Duty of operator
   192.    Duty of driver
   192A.   Form of information in container weight declaration

           Division 5 - Other offences

   193.    Weight of freight container exceeding weight stated on container or safety approval plate
   194.    (Repealed)

   PART 4.10 - OTHER PROVISIONS

   195.    Conflicting mass requirements
   196.    Conflicting dimension requirements
   197.    Exemption from compliance with particular requirements in emergency
   198.    Recovery of losses arising from non-provision of container weight declaration
   199.    Recovery of losses for provision of inaccurate container weight declaration
   200.    Recovery by responsible entity of amount paid under s 199
   201.    Assessment of monetary value or attributable amount

CHAPTER 5 - (Repealed)

CHAPTER 6 - VEHICLE OPERATIONS—DRIVER FATIGUE

   PART 6.1 - PRELIMINARY

   220.    Main purpose of Ch 6
   221.    Definitions for Ch 6
   222.    Categories of breaches

   PART 6.2 - DUTIES RELATING TO FATIGUE

           Division 1 - Preliminary

   223.    What is fatigue
   224.    Matters court may consider in deciding whether person was fatigued
   225.    What is impaired by fatigue
   226.    Matters court may consider in deciding whether person was impaired by fatigue
   227.    (Repealed)

           Division 2 - Duty to avoid fatigue

   228.    Duty of driver to avoid driving while fatigued
   229.    (Repealed)

           Division 3 - (Repealed)

           Division 4 - (Repealed)

           Division 5 - (Repealed)

           Division 6 - (Repealed)

           Division 7 - (Repealed)

           Division 8 - (Repealed)

   PART 6.3 - REQUIREMENTS RELATING TO WORK TIME AND REST TIME

           Division 1 - Preliminary

   243.    What is a driver’s work and rest hours option
   244.    Counting time spent in participating jurisdictions
   245.    Counting time spent outside participating jurisdictions
   246.    Counting periods of less than 15 minutes—written work diaries
   246A.   Counting periods of less than 15 minutes—electronic work diaries
   247.    Time to be counted after rest time ends
   248.    Time to be counted by reference to time zone of driver’s base

           Division 2 - Standard work and rest arrangements

   249.    Standard hours
   250.    Operating under standard hours—solo drivers
   251.    Operating under standard hours—two-up drivers
   252.    Defence relating to short rest breaks for drivers operating under standard hours

           Division 3 - BFM work and rest arrangements

   253.    BFM hours
   254.    Operating under BFM hours—solo drivers
   255.    Defence for solo drivers operating under BFM hours relating to split rest breaks
   256.    Operating under BFM hours—two-up drivers

           Division 4 - AFM work and rest arrangements

   257.    AFM hours
   258.    Operating under AFM hours

           Division 5 - Arrangements under work and rest hours exemption

   259.    Exemption hours
   260.    Operating under exemption hours

           Division 6 - (Repealed)

           Division 7 - Changing work and rest hours option

   262.    Changing work and rest hours option
   263.    Operating under new work and rest hours option after change
   264.    Duty of employer, prime contractor, operator and scheduler to ensure driver compliance

           Division 8 - Exemptions relating to work times and rest times

              Subdivision 1 - Exemption for emergency services

   265.    Emergency services exemption

              Subdivision 2 - Exemptions by Commonwealth Gazette notice

   266.    Regulator’s power to exempt class of drivers from particular maximum work requirements and minimum rest requirements
   267.    Restriction on grant of work and rest hours exemption (notice)
   268.    Conditions of work and rest hours exemption (notice)
   269.    Period for which work and rest hours exemption (notice) applies
   270.    Requirements about Commonwealth Gazette notice
   271.    Amendment or cancellation of work and rest hours exemption (notice)
   272.    Immediate suspension

              Subdivision 3 - Exemptions by permit

   273.    Regulator’s power to exempt drivers from particular maximum work requirements and minimum rest requirements
   274.    Application for work and rest hours exemption (permit)
   275.    Restriction on grant of work and rest hours exemption (permit)
   276.    Conditions of work and rest hours exemption (permit)
   277.    Period for which work and rest hours exemption (permit) applies
   278.    Permit for work and rest hours exemption (permit) etc.
   279.    Refusal of application for work and rest hours exemption (permit)
   280.    Amendment or cancellation of work and rest hours exemption (permit) on application by permit holder
   281.    Amendment or cancellation of work and rest hours exemption (permit) on Regulator’s initiative
   282.    Immediate suspension of work and rest hours exemption (permit)
   283.    Minor amendment of work and rest hours exemption (permit)
   284.    Return of permit
   285.    Replacement of defaced etc. permit

              Subdivision 4 - Offences relating to operating under work and rest hours exemption etc.

   286.    Contravening condition of work and rest hours exemption
   287.    Keeping relevant document while operating under work and rest hours exemption (notice)
   288.    Keeping copy of permit while driving under work and rest hours exemption (permit)

   PART 6.4 - REQUIREMENTS ABOUT RECORD KEEPING

           Division 1 - Preliminary

   289.    What is 100km work and 100+km work
   290.    What is a driver’s record location

           Division 2 - Work diary requirements

              Subdivision 1 - Requirement to carry work diary

   291.    Application of Sdiv 1
   292.    Meaning of work diary for Sdiv 1
   293.    Driver of fatigue-regulated heavy vehicle must carry work diary

              Subdivision 2 - Information required to be included in work diary

   294.    Purpose of and definition for Sdiv 2
   295.    National regulations for information to be included in work diary
   296.    Recording information under the national regulations—general
   297.    Information required to be recorded immediately after starting work
   298.    Failing to record information about odometer reading
   299.    Two-up driver to provide details

              Subdivision 3 - How information must be recorded in work diary

   300.    Purpose of Sdiv 3
   301.    Recording information in written work diary
   302.    Recording information in electronic work diary
   303.    Time zone of driver’s base must be used

              Subdivision 4 - Requirements about work diaries that are filled up etc.

   304.    Application of Sdiv 4
   305.    Driver must make supplementary records in particular circumstances
   306.    Driver must notify Regulator if written work diary filled up etc.
   307.    Driver who is record keeper must notify Regulator if electronic work diary filled up etc.
   308.    What driver must do if lost or stolen written work diary found or returned
   309.    Driver must notify record keeper if electronic work diary filled up etc.
   310.    Intelligent access program reporting entity must notify record keeper if approved electronic recording system malfunctioning
   311.    What record keeper must do if electronic work diary filled up
   312.    What record keeper must do if electronic work diary destroyed, lost or stolen
   313.    What record keeper must do if electronic work diary not in working order or malfunctioning

              Subdivision 5 - Use of electronic work diaries

   314.    How electronic work diary must be used

              Subdivision 6 - Extended liability

   315.    Ensuring driver complies with Sdivs 1–4

           Division 3 - Records relating to drivers

              Subdivision 1 - Preliminary

   316.    Application of Div 3
   317.    Who is a driver’s record keeper

              Subdivision 2 - Record keeping obligations relating to drivers undertaking 100km work under standard hours

   318.    Application of Sdiv 2
   319.    Records record keeper must have
   319A.   General requirements about driver recording and giving information to record keeper

              Subdivision 3 - Record keeping obligations relating to drivers undertaking 100+km work under standard hours or operating under BFM hours, AFM hours or exemption hours

   320.    Application of Sdiv 3
   321.    Records record keeper must have
   322.    General requirements about driver giving information to record keeper
   323.    Requirements about driver giving information to record keeper if driver changes record keeper
   324.    Record keeper must give information from electronic work diary
   324A.   Record keeper must give record to driver if requested

           Division 4 - Provisions about false representations relating to work records

   325.    False or misleading entries
   326.    When possessing, or recording information in, more than 1 work diary relating to the same period is prohibited
   327.    Possession of purported work records etc. prohibited
   328.    False representation about work records prohibited

           Division 5 - Interfering with work records

              Subdivision 1 - Work records generally

   329.    Defacing or changing work records etc. prohibited
   330.    Making entries in someone else’s work records prohibited
   331.    Destruction of particular work records prohibited
   332.    Offence to remove pages from written work diary

              Subdivision 2 - Approved electronic recording systems

   333.    Application of Sdiv 2
   334.    Meaning of tamper
   335.    Person must not tamper with approved electronic recording system
   336.    Person using approved electronic recording system must not permit tampering with it
   336A.   Reporting tampering or suspected tampering with electronic work diary
   337.    Intelligent access program reporting entity must not permit tampering with approved electronic recording system

           Division 6 - Obtaining written work diary

   338.    Form of written work diary
   339.    Application for written work diary
   340.    Issue of written work diary

           Division 6A - Requirements about records record keeper must make or keep

   341.    Period for which, and way in which, records must be kept

           Division 7 - Approval of electronic recording systems

              Subdivision 1 - Approval of electronic recording systems

   342.    Application for approval of electronic recording system
   343.    Deciding application for approval
   344.    Steps after decision to grant approval
   345.    Steps after decision to refuse application
   346.    Effect of approval

              Subdivision 2 - Using unapproved electronic recording system

   347.    Prohibition on using electronic work diary if it is not, and is not a part of, an approved electronic recording system
   348.    (Repealed)
   349.    (Repealed)
   350.    (Repealed)

              Subdivision 3 - Amendment or cancellation of approval

   351.    Amendment or cancellation of approval on application
   352.    Amendment or cancellation of approval on Regulator’s initiative
   353.    Minor amendment of approval
   354.    Requirements if approval amended
   355.    Requirements if approval cancelled

           Division 8 - Exemptions from work diary requirements of Division 2

              Subdivision 1 - Exemption for emergency services

   356.    Emergency services exemption

              Subdivision 2 - Exemptions by Commonwealth Gazette notice

   357.    Regulator’s power to exempt particular drivers from work diary requirements
   358.    Restriction on grant of work diary exemption (notice)
   359.    Conditions of work diary exemption (notice)
   360.    Period for which work diary exemption (notice) applies
   361.    Requirements about Commonwealth Gazette notice
   362.    Amendment or cancellation of work diary exemption (notice)

              Subdivision 3 - Exemptions by permit

   363.    Regulator’s power to exempt driver of fatigue-regulated heavy vehicle from work diary requirement
   364.    Application for work diary exemption (permit)
   365.    Restriction on grant of work diary exemption (permit)
   366.    Conditions of work diary exemption (permit)
   367.    Period for which work diary exemption (permit) applies
   368.    Permit for work diary exemption (permit) etc.
   369.    Refusal of application for work diary exemption (permit)
   370.    Amendment or cancellation of work diary exemption (permit) on application by permit holder
   371.    Amendment or cancellation of work diary exemption (permit) on Regulator’s initiative
   372.    Minor amendment of work diary exemption (permit)
   373.    Return of permit
   374.    Replacement of defaced etc. permit

              Subdivision 4 - Operating under work diary exemption

   375.    Contravening condition of work diary exemption
   376.    Keeping relevant document while operating under work diary exemption (notice)
   377.    Keeping permit or copy while operating under work diary exemption (permit)

           Division 8A - Exemptions from fatigue record keeping requirements of Division 3

              Subdivision 1 - Exemptions by Commonwealth Gazette notice

   378.    Regulator’s power to exempt record keepers from fatigue record keeping requirements
   379.    Conditions of fatigue record keeping exemption (notice)
   380.    Period for which fatigue record keeping exemption (notice) applies
   381.    Requirements about Commonwealth Gazette notice
   382.    Amendment or cancellation of fatigue record keeping exemption (notice)

              Subdivision 2 - Exemptions by permit

   383.    Regulator’s power to exempt record keepers from fatigue record keeping requirements
   384.    Application for fatigue record keeping exemption (permit)
   385.    Conditions of fatigue record keeping exemption (permit)
   386.    Period for which fatigue record keeping exemption (permit) applies
   387.    Permit for fatigue record keeping exemption (permit) etc.
   388.    Refusal of application for fatigue record keeping exemption (permit)
   389.    Amendment or cancellation of fatigue record keeping exemption (permit) on application by permit holder
   390.    Amendment or cancellation of fatigue record keeping exemption (permit) on Regulator’s initiative
   391.    Minor amendment of fatigue record keeping exemption (permit)
   392.    Return of permit
   393.    Replacement of defaced etc. permit

              Subdivision 3 - Exemptions by national regulations

   394.     Exemptions from provisions of Division 3

              Subdivision 4 - Other provisions

   395.    Contravening condition of fatigue record keeping exemption

           Division 9 - Requirements about odometers

   396.    Owner must maintain odometer
   397.    Driver must report malfunctioning odometer
   398.    What owner must do if odometer malfunctioning
   399.    What employer or operator must do if odometer malfunctioning

CHAPTER 7 - INTELLIGENT ACCESS PROGRAM

   PART 7.1 - PRELIMINARY

   400.    Main purposes of Ch 7
   401.    What the Intelligent Access Program is
   402.    Application of Ch 7
   403.    Definitions for Ch 7

   PART 7.2 - DUTIES AND OBLIGATIONS OF OPERATORS OF INTELLIGENT ACCESS PROGRAM VEHICLES

   404.    Offence to give false or misleading information to intelligent access program service provider
   405.    Advising vehicle driver of collection of information by intelligent access program service provider
   406.    Reporting system malfunctions to Regulator
   407.    Advising driver of driver’s obligations about reporting system malfunctions

   PART 7.3 - OBLIGATIONS OF DRIVERS OF INTELLIGENT ACCESS PROGRAM VEHICLES

   408.    Reporting system malfunctions to operator

   PART 7.4 - POWERS, DUTIES AND OBLIGATIONS OF INTELLIGENT ACCESS PROGRAM SERVICE PROVIDERS

   409.    Powers to collect and hold intelligent access program information
   410.    Collecting intelligent access program information
   411.    Keeping records of intelligent access program information collected
   412.    Protecting intelligent access program information
   413.    Making individuals aware of personal information held
   414.    Giving individuals access to their personal information
   415.    Correcting errors etc.
   416.    General restriction on use and disclosure of intelligent access program information
   417.    Giving intelligent access program auditor access to records
   418.    Powers to use and disclose intelligent access program information
   419.    Keeping record of use or disclosure of intelligent access program information
   420.    Keeping noncompliance report etc.
   421.    Destroying intelligent access program information etc.
   422.    Reporting relevant contraventions to Regulator
   423.    Reporting tampering or suspected tampering with approved intelligent transport system
   424.    Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system

   PART 7.5 - FUNCTIONS, POWERS, DUTIES AND OBLIGATIONS OF TCA

   425.    Functions of TCA
   426.    Powers to collect and hold intelligent access program information
   427.    Collecting intelligent access program information
   428.    Protecting intelligent access program information collected
   429.    Making individuals aware of personal information held
   430.    Giving individuals access to their personal information
   431.    Correcting errors etc.
   432.    General restriction on use and disclosure of intelligent access program information
   433.    Powers to use and disclose intelligent access program information
   434.    Restriction about intelligent access program information that may be used or disclosed
   435.    Keeping record of use or disclosure of intelligent access program information
   436.    Keeping noncompliance reports
   437.    Destroying intelligent access program information or removing personal information from it
   438.    Reporting tampering or suspected tampering with, or malfunction or suspected malfunction of, approved intelligent transport system to Regulator
   439.    Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system

   PART 7.6 - POWERS, DUTIES AND OBLIGATIONS OF INTELLIGENT ACCESS PROGRAM AUDITORS

   440.    Powers to collect and hold intelligent access program information
   441.    Collecting intelligent access program information
   442.    Protecting intelligent access program information collected
   443.    Making individuals aware of personal information held
   444.    Giving individuals access to their personal information
   445.    Correcting errors etc.
   446.    General restriction on use and disclosure of intelligent access program information
   447.    Powers to use and disclose intelligent access program information
   448.    Restriction about intelligent access program information that may be used or disclosed
   449.    Keeping record of use or disclosure of intelligent access program information
   450.    Destroying intelligent access program information or removing personal information from it
   451.    Reporting contraventions by intelligent access program service providers to TCA
   452.    Reporting tampering or suspected tampering with approved intelligent transport system to Regulator or TCA
   453.    Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system

   PART 7.7 - OTHER PROVISIONS

   454.    Offence to tamper with approved intelligent transport system
   455.    Regulator may issue intelligent access program identifiers

CHAPTER 8 - ACCREDITATION

   PART 8.1 - PRELIMINARY

   456.    Purpose of Ch 8
   457.    Definitions for Ch 8

   PART 8.2 - GRANT OF HEAVY VEHICLE ACCREDITATION

   458.    Regulator’s power to grant heavy vehicle accreditation
   459.    Application for heavy vehicle accreditation
   460.    Obtaining criminal history information about applicant
   461.    Restriction on grant of heavy vehicle accreditation
   462.    Conditions of heavy vehicle accreditation
   463.    Period for which heavy vehicle accreditation applies
   464.    Accreditation certificate for heavy vehicle accreditation etc.
   465.    Refusal of application for heavy vehicle accreditation
   466.    Accreditation labels for maintenance management accreditation and mass management accreditation

   PART 8.3 - OPERATING UNDER HEAVY VEHICLE ACCREDITATION

   467.    Compliance with conditions of BFM accreditation or AFM accreditation
   468.    Driver operating under BFM accreditation or AFM accreditation must carry accreditation details
   469.    Driver must return particular documents if stops operating under BFM accreditation or AFM accreditation etc.
   470.    General requirements applying to operator with heavy vehicle accreditation
   471.    Operator must give notice of amendment, suspension or ending of heavy vehicle accreditation

   PART 8.4 - AMENDMENT OR CANCELLATION OF HEAVY VEHICLE ACCREDITATION

   472.    Amendment or cancellation of heavy vehicle accreditation on application
   473.    Amendment, suspension or cancellation of heavy vehicle accreditation on Regulator’s initiative
   474.    Immediate suspension of heavy vehicle accreditation
   475.    Minor amendment of heavy vehicle accreditation

   PART 8.5 - OTHER PROVISIONS ABOUT HEAVY VEHICLE ACCREDITATIONS

   476.    Return of accreditation certificate
   477.    Replacement of defaced etc. accreditation certificate
   478.    Offences relating to auditors

CHAPTER 9 - ENFORCEMENT

   PART 9.1 - GENERAL MATTERS ABOUT AUTHORISED OFFICERS

           Division 1 - Functions

   479.    Functions of authorised officers

           Division 2 - Appointment

   480.    Application of Div 2
   481.    Appointment and qualifications
   482.    Appointment conditions and limit on powers
   483.    When office ends
   484.    Resignation

           Division 3 - Identity cards

   485.    Application of Div 3
   486.    Issue of identity card
   487.    Production or display of identity card
   488.    Return of identity card

           Division 4 - Miscellaneous provisions

   489.    References to exercise of powers
   490.    Reference to document includes reference to reproduction from electronic document
   491.    Use of force against persons
   492.    Use of force against property
   493.    Exercise of functions in relation to light vehicles

   PART 9.2 - POWERS IN RELATION TO PLACES

           Division 1 - Preliminary

   494.    Definitions for Pt 9.2

           Division 1A - Entry of relevant places for advice purposes

   494A.   Non-application to police officers
   494B.   Power to enter relevant place
   494C.   Power after entering relevant place

           Division 2 - Entry of relevant places for monitoring purposes

   495.    Power to enter relevant place
   496.    General powers after entering relevant place

           Division 3 - Entry of places for investigation purposes

   497.    General power to enter places
   498.    Power to enter a place if evidence suspected to be at the place
   499.    Power to enter particular places if incident involving death, injury or damage
   500.    General powers after entering a place

           Division 4 - Procedure for entry by consent

   501.    Application of Div 4
   502.    Incidental entry to ask for access
   503.    Matters authorised officer must tell occupier
   504.    Consent acknowledgement
   505.    Procedure for entry with consent

           Division 5 - Entry under warrant

   506.    Application for warrant
   507.    Issue of warrant
   508.    Application by electronic communication and duplicate warrant
   509.    Defect in relation to a warrant
   510.    Procedure for entry under warrant

   PART 9.3 - POWERS IN RELATION TO HEAVY VEHICLES

           Division 1 - Preliminary

   511.    Application of Pt 9.3
   512.    Persons who are drivers for this Part

           Division 2 - Stopping, not moving or not interfering with heavy vehicle etc.

   513.    Direction to stop heavy vehicle to enable exercise of other powers
   514.    Direction not to move or interfere with heavy vehicle etc. to enable exercise of other powers

           Division 3 - Moving heavy vehicle

   515.    Definition for Div 3
   516.    Direction to move heavy vehicle to enable exercise of other powers
   517.    Direction to move heavy vehicle if causing harm etc.
   518.    Moving unattended heavy vehicle on road to exercise another power
   519.    Moving unattended heavy vehicle on road if causing harm etc.

           Division 4 - Inspecting and searching heavy vehicles

   520.    Power to enter and inspect heavy vehicles for monitoring purposes
   521.    Power to enter and search heavy vehicle involved, or suspected to be involved, in an offence etc.
   522.    Power to order presentation of heavy vehicles for inspection

           Division 5 - Other powers in relation to all heavy vehicles

   523.    Starting or stopping heavy vehicle engine
   524.    Direction to leave heavy vehicle

           Division 6 - Further powers in relation to heavy vehicles concerning heavy vehicle standards

   525.    Definitions for Div 6
   526.    Issue of vehicle defect notice
   527.    Requirements about vehicle defect notice
   528.    Defective vehicle labels
   528A.   Information not included in notice or label
   529.    Using heavy vehicles contrary to vehicle defect notice
   529AA.  Permission to use vehicle the subject of a self-clearing defect notice
   529A.   Permission to use vehicle the subject of a major or minor defect notice
   529B.   Permitted use of vehicle the subject of a major or minor defect notice without permission of authorised officer
   530.    Clearance of major or minor defect notices
   531.    Amendment or withdrawal of vehicle defect notices
   531A.   (Repealed)
   531B.   (Repealed)

           Division 7 - Further powers in relation to heavy vehicles concerning mass, dimension or loading requirements

   532.    Application of Div 7
   533.    Powers for minor risk breach of mass, dimension or loading requirement
   534.    Powers for substantial risk breach of mass, dimension or loading requirement
   535.    Powers for severe risk breach of mass, dimension or loading requirement
   536.    Operation of direction in relation to a combination

           Division 8 - Further powers in relation to fatigue-regulated heavy vehicles

   537.    Application of Div 8
   538.    Requiring driver to rest for contravention of maximum work requirement
   539.    Requiring driver to rest for contravention of minimum rest requirement
   540.    Requiring driver to stop working if impaired by fatigue
   541.    Requiring driver to stop working if work diary not produced or unreliable
   542.    Compliance with requirement under this Division

   PART 9.4 - OTHER POWERS

           Division 1 - Powers relating to equipment

   543.    Power to use equipment to access information
   544.    Power to use equipment to examine or process a thing

           Division 2 - Seizure and embargo notices

              Subdivision 1 - Power to seize

   545.    Seizing evidence at a place that may be entered without consent or warrant
   546.    Seizing evidence at a place that may be entered only with consent or warrant
   547.    Seizing evidence in a heavy vehicle entered under s 521
   548.    Additional seizure power relating to information stored electronically
   549.    Seizing thing or sample taken for examination under s 500
   550.    Seizure of property subject to security
   551.    Seizure of number plates
   552.    Restriction on power to seize certain things

              Subdivision 2 - Powers to support seizure

   553.    Requirement of person in control of thing to be seized

              Subdivision 3 - Safeguards for seized things or samples

   554.    Receipt for seized thing or sample
   555.    Access to seized thing
   556.    Return of seized things or samples

              Subdivision 4 - Embargo notices

   557.    Power to issue embargo notice
   558.    Noncompliance with embargo notice
   559.    Power to secure embargoed thing
   560.    Withdrawal of embargo notice

           Division 3 - Forfeiture and transfers

   561.    Power to forfeit particular things or samples
   562.    Information notice for forfeiture decision
   563.    Forfeited or transferred thing or sample becomes property of the Regulator
   564.    How property may be dealt with
   565.    Third party protection
   566.    National regulations

           Division 4 - Information-gathering powers

   567.    Power to require name, address and date of birth
   568.    Power to require production of document etc. required to be in driver’s possession
   569.    Power to require production of documents etc. generally
   570.    Power to require information about heavy vehicles
   570A.   Requiring information

           Division 5 - Improvement notices

   571.    Authorised officers to whom Division applies
   572.    Improvement notices
   573.    Contravention of improvement notice
   574.    Amendment of improvement notice
   575.    Revocation of an improvement notice
   576.    Clearance certificate

           Division 5A - Prohibition notice

   576A.   Power to issue prohibition notice
   576B.   Contents of prohibition notice
   576C.   Compliance with prohibition notice

           Division 5B - Injunctions

   576D.   Application of Div 5B
   576E.   Injunction for noncompliance with notice

           Division 6 - Power to require reasonable help

   577.    Power to require reasonable help

   PART 9.5 - PROVISIONS ABOUT EXERCISE OF POWERS

           Division 1 - Damage in exercising powers

   578.    Duty to minimise inconvenience or damage
   579.    Restoring damaged thing
   580.    Notice of damage

           Division 2 - Compensation

   581.    Compensation because of exercise of powers

           Division 3 - Provision about exercise of particular powers

   582.    Duty to record particular information in driver’s work diary

   PART 9.6 - MISCELLANEOUS PROVISIONS

           Division 1 - Powers of Regulator

   583.    Regulator may exercise powers of authorised officers

           Division 2 - Other offences relating to authorised officers

   584.    Obstructing authorised officer
   585.    Impersonating authorised officer

           Division 3 - Other provisions

   586.    Multiple requirements
   587.    Compliance with particular requirements
   588.    Evidential immunity for individuals complying with particular requirements
   589.    Effect of withdrawal of consent to enter under this Chapter

CHAPTER 10 - SANCTIONS AND PROVISIONS ABOUT LIABILITY FOR OFFENCES

   PART 10.1 - FORMAL WARNINGS

   590.    Formal warning

   PART 10.1A - ENFORCEABLE UNDERTAKINGS

   590A.   Accepting undertaking
   590B.   Effect of undertaking
   590C.   Withdrawing or changing undertaking
   590D.   Contravening undertaking

   PART 10.2 - INFRINGEMENT NOTICES

   591.    Infringement notices
   592.    Recording information about infringement penalties

   PART 10.3 - COURT SANCTIONS

           Division 1 - General provisions

   593.    Penalties court may impose
   594.    Matters court must consider when imposing sanction for noncompliance with mass, dimension or loading requirement
   595.    Court may treat noncompliance with mass, dimension or loading requirement as a different risk category

           Division 2 - Provisions about imposing fines

   596.    Body corporate fines under penalty provision

           Division 2A - Injunctions

   596A.   Injunctions

           Division 3 - Commercial benefits penalty orders

   597.    Commercial benefits penalty order

           Division 4 - Cancelling or suspending registration

   598.    Power to cancel or suspend vehicle registration

           Division 5 - Supervisory intervention orders

   599.    Application of Div 5
   600.    Court may make supervisory intervention order
   601.    Limitation on making supervisory intervention order
   602.    Supervisory intervention order may suspend other sanctions
   603.    Amendment or revocation of supervisory intervention order
   604.    Contravention of supervisory intervention order
   605.    Effect of supervisory intervention order if prohibition order applies to same person

           Division 6 - Prohibition orders

   606.    Application of Div 6
   607.    Court may make prohibition order
   608.    Limitation on making prohibition order
   609.    Amendment or revocation of prohibition order
   610.    Contravention of prohibition order

           Division 7 - Compensation orders

   611.    Court may make compensation order
   612.    Assessment of compensation
   613.    Use of certificates in assessing compensation
   614.    Limits on amount of compensation
   615.    Costs
   616.    Enforcement of compensation order and costs
   617.    Relationship with orders or awards of other courts and tribunals

   PART 10.4 - PROVISIONS ABOUT LIABILITY

           Division 1 - (Repealed)

           Division 2 - (Repealed)

           Division 3 - Defences

   626.    Definition for Div 3
   627.    Defence for owner or operator of vehicle if offence committed while vehicle used by unauthorised person
   628.    Defence for driver of vehicle subject to a deficiency
   629.    Defence of compliance with direction
   630.    Sudden or extraordinary emergency
   631.    Lawful authority

           Division 4 - Other provisions about liability

   632.    Deciding whether person ought reasonably to have known something
   632A.   Using code of practice in proceeding
   633.    Multiple offenders
   634.    Multiple offences
   635.    Responsibility for acts or omissions of representative
   636.    Liability of executive officers of corporation
   637.    Treatment of unincorporated partnerships
   638.    Treatment of other unincorporated bodies
   639.    Liability of registered operator

CHAPTER 11 - REVIEWS AND APPEALS

   PART 11.1 - PRELIMINARY

   640.    Definitions for Ch 11

   PART 11.2 - INTERNAL REVIEW

   641.    Applying for internal review
   642.    Stay of reviewable decisions made by Regulator or authorised officer
   643.    Referral of applications for review of decisions made by road managers
   644.    Internal review
   645.    Review decision
   646.    Notice of review decision

   PART 11.3 - APPEALS

   647.    Appellable decisions
   648.    Stay of review decision
   649.    Powers of relevant appeal body on appeal
   650.    Effect of decision of relevant appeal body on appeal

CHAPTER 12 - ADMINISTRATION

   PART 12.1 - RESPONSIBLE MINISTERS

   651.    Policy directions
   652.    Referral of matters etc. by responsible Minister
   653.    Approved guidelines for exemptions, authorisations, permits and other authorities
   654.    Other approvals
   655.    How responsible Ministers exercise functions
   655A.   Delegation by responsible Ministers

   PART 12.2 - NATIONAL HEAVY VEHICLE REGULATOR

           Division 1 - Establishment, functions and powers

   656.    Establishment of National Heavy Vehicle Regulator
   657.    Status of Regulator
   658.    General powers of Regulator
   659.    Functions of Regulator
   660.    Cooperation with participating jurisdictions and Commonwealth
   661.    Delegation

           Division 2 - Governing board of Regulator

              Subdivision 1 - Establishment and functions

   662.    Establishment of National Heavy Vehicle Regulator Board
   663.    Membership of Board
   664.    Functions of Board

              Subdivision 2 - Members

   665.    Terms of office of members
   666.    Remuneration
   667.    Vacancy in office of member
   668.    Board member to give responsible Ministers notice of certain events
   669.    Extension of term of office during vacancy in membership
   670.    Members to act in public interest
   671.    Disclosure of conflict of interest

              Subdivision 3 - Meetings

   672.    General procedure
   673.    Quorum
   674.    Chief executive officer may attend meetings
   675.    Presiding member
   676.    Voting
   677.    Minutes
   678.    First meeting
   679.    Defects in appointment of members

              Subdivision 4 - Committees

   680.    Committees

           Division 3 - Chief executive officer

   681.    Chief executive officer
   682.    Functions of chief executive officer
   683.    Delegation by chief executive officer

           Division 4 - Staff

   684.    Staff
   685.    Staff seconded to Regulator
   686.    Consultants and contractors

   PART 12.2A - DATABASE OF HEAVY VEHICLES

   686A.   Database of heavy vehicles
   686B.   Regulator may share information in database of heavy vehicles

   PART 12.3 - MISCELLANEOUS

           Division 1 - Finance

   687.    National Heavy Vehicle Regulator Fund
   688.    Payments into Fund
   689.    Payments out of Fund
   690.    Investment by Regulator
   691.    Financial management duties of Regulator
   692.    Amounts payable to other entities

           Division 2 - Reporting and planning arrangements

   693.    Annual report
   694.    Other reports
   695.    Corporate plans

           Division 3 - Oversight of the Regulator and Board

   696.    Application of particular Queensland Acts to this Law

           Division 4 - Provisions relating to persons exercising functions under Law

   697.    General duties of persons exercising functions under this Law
   698.    Protection from personal liability for persons exercising Regulator’s or Board’s functions under this Law
   698A.   No liability, right etc. arising from particular functions of authorised officer or Regulator

CHAPTER 13 - GENERAL

   PART 13.1 - GENERAL OFFENCES

           Division 1 - Offence about discrimination or victimisation

   699.    Discrimination against or victimisation of employees
   700.    Order for damages or reinstatement

           Division 2 - Offences about false or misleading information

   701.    False or misleading statements
   702.    False or misleading documents
   703.    False or misleading information given by responsible person to another responsible person
   704.    Offence to falsely represent that heavy vehicle authority is held etc.

   PART 13.2 - INDUSTRY CODES OF PRACTICE

   705.    Guidelines for industry codes of practice
   706.    Registration of industry codes of practice

   PART 13.3 - LEGAL PROCEEDINGS

           Division 1 - Proceedings

   707.    Proceeding for indictable offences
   707A.   Proceeding for other offences

           Division 2 - Evidence

   708.    Proof of appointments unnecessary
   709.    Proof of signatures unnecessary
   710.    Averments
   711.    Evidence by certificate by Regulator generally
   712.    Evidence by certificate by road authority
   713.    Evidence by certificate by Regulator about matters stated in or worked out from records
   714.    Evidence by certificate by authorised officer about instruments
   715.    Challenging evidence by certificate
   716.    Evidence by record about mass
   717.    Manufacturer’s statements
   718.    Measurement of weight on tyre
   719.    Transport and journey documentation
   720.    Evidence not affected by nature of vehicle
   721.    Certificates of TCA
   722.    Approved intelligent transport system
   723.    Evidence as to intelligent access map
   724.    Reports and statements made by approved intelligent transport system
   725.    Documents produced by an approved electronic recording system
   726.    Statement by person involved with use or maintenance of approved electronic recording system
   726A.   Evidence of offence
   726B.   Evidence obtained by police using other powers
   726C.   Evidence obtained in another jurisdiction

           Division 3 - Publication of court outcomes

   726D.   Regulator may publish convictions, penalties, orders, etc.

   PART 13.4 - PROTECTED INFORMATION

   727.    Definitions for Pt 13.4
   728.    Duty of confidentiality for protected information
   728A.   Duty of confidentiality for electronic work diary protected information
   729.    Protected information only to be used for authorised use
   729A.   Electronic work diary protected information only to be used for electronic work diary authorised use
   729B.   Warrant authorising use of electronic work diary protected information

   PART 13.5 - NATIONAL REGULATIONS

   730.    National regulations
   731.    National regulations for approved vehicle examiners
   732.    National regulations for publication of agreements for services to States or Territories
   733.    Publication of national regulations
   734.    Scrutiny of national regulations

   PART 13.6 - OTHER

   735.    Approved forms
   735A.   Legal professional privilege
   736.    Penalty at end of provision
   737.    Increase of penalty amounts
   737A.   Application of s 737 to new penalties
   738.    Service of documents
   739.    Service by post
   740.    Fees
   740A.   Increase of fee amounts
   741.    Recovery of amounts payable under Law
   742.    Contracting out prohibited
   743.    Other powers not affected

CHAPTER 14 - SAVINGS AND TRANSITIONAL PROVISIONS

   PART 14.1 - INTERIM PROVISIONS RELATING TO MINISTERS AND BOARD

   744.    Responsible Ministers
   745.    Exercise of powers by Board between enactment and commencement

   PART 14.2 - GENERAL PROVISIONS

   746.    Application of Part 14.2
   747.    Definitions for Part 14.2
   748.    General savings and transitional provision
   749.    Expiry of certain permits, exemptions, notices and authorities
   750.    Amendment or cancellation of instruments carried over from former legislation
   751.    Expiry of industry codes of practice
   752.    Pending matters
   753.    Preservation of current PBS scheme
   754.    Preservation of contracts for current PBS scheme
   755.    National regulations for savings and transitional matters

   PART 14.3 - HEAVY VEHICLE NATIONAL LAW AMENDMENT ACT 2015 (QUEENSLAND)

   756.    Application of s 87A to previously fitted plate or label
   757.    Saving of stated map and other matters under s 119 or 142
   758.    Application of s 737 to a new penalty

   PART 14.4 - HEAVY VEHICLE NATIONAL LAW AND OTHER LEGISLATION AMENDMENT ACT 2016 (QUEENSLAND)

   759.    Application of s 737 to a new penalty
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4


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