Queensland Numbered Acts

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HEAVY VEHICLE NATIONAL LAW AMENDMENT ACT 2013 No. 4 - SECT 209

209 Duty to ensure loading arrangements will not cause driver to exceed speed limit

(1) A loading manager for goods in heavy vehicles must take all reasonable steps to ensure the arrangements for loading goods onto and unloading goods from heavy vehicles will not cause the driver of a heavy vehicle to exceed a speed limit applying to the driver.

Examples of reasonable steps—
reviewing loading and unloading times and delays at loading and unloading places
identifying potential loading and unloading congestion in consultation with drivers and other parties in the chain of responsibility
having a system of setting and allocating loading and unloading times the driver can reasonably rely on allowing loading and unloading to happen at an agreed time

Maximum penalty—$10000.

Notes—
1 Section 622 sets out some of the factors a court may consider in deciding whether a person has taken all reasonable steps.
2 Section 623 sets out 1 method by which a loading manager can take all reasonable steps for the purposes of this section.

(2) A person charged with an offence against subsection (1) does not have the benefit of the mistake of fact defence for the offence.



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