Queensland Numbered Acts

TRANSPORT LEGISLATION AMENDMENT ACT 2008 No. 31 - SECT 52

After section 57AA--

insert--

'In this subdivision--

extended liability offence means--

(a) an offence against section 162D; or

(b) an offence committed by the person in control of a heavy vehicle because there has been a contravention of a mass, dimension or loading requirement in relation to the vehicle; or

(c) an offence committed by the person in control of a fatigue regulated heavy vehicle because there has been a contravention of a fatigue management requirement in relation to the vehicle.

influencing person--

(a) in relation to a heavy vehicle generally, means any or all of the following persons--

(i) the owner of the heavy vehicle or, if the heavy vehicle is a combination, the owner of a vehicle forming part of the combination;

(ii) the registered operator of the heavy vehicle or, if the heavy vehicle is a combination, the registered operator of a vehicle forming part of the combination;

(iii) a person, other than the owner or registered operator, who controls or directly influences the operation of the heavy vehicle; and

Example--

the operator of the heavy vehicle

(b) for an offence against section 162D or relating to a contravention of a mass, dimension or loading requirement involving a heavy vehicle, includes any or all of the following persons--

(i) the consignor of any goods in the heavy vehicle;

(ii) the packer of any goods in the heavy vehicle;

(iii) the loading manager of any goods in the heavy vehicle;

(iv) the loader of any goods in the heavy vehicle; and

(c) for an offence relating to a contravention of a maximum work requirement or minimum rest requirement involving a heavy vehicle, includes any or all of the following persons--

(i) the employer of the driver of the heavy vehicle;

(ii) a person who schedules the transport of any goods or passengers by the heavy vehicle;

(iii) a person who schedules the work and rest times of the driver of the heavy vehicle;

(iv) the consignor of any goods in the heavy vehicle;

(v) the consignee of any goods in the heavy vehicle;

(vi) the loading manager of any goods in the heavy vehicle; and

(d) for an offence relating to a contravention of a work and rest hours option requirement involving a heavy vehicle, includes any or all of the following persons--

(i) the employer of the driver of the heavy vehicle;

(ii) a person who schedules the transport of any goods or passengers by the heavy vehicle;

(iii) a person who schedules the work and rest times of the driver of the heavy vehicle; and

(e) for an offence relating to a contravention of a work diary requirement involving a heavy vehicle, includes any or all of the following persons--

(i) the employer of the driver of the heavy vehicle;

(ii) a person who schedules the transport of any goods or passengers by the heavy vehicle;

(iii) a person who schedules the work and rest times of the driver of the heavy vehicle.'.