Victorian Current Acts Victorian Current Acts(1) Subject to subsection (2), if a driver of a heavy vehicle commits an offence against section 65BA(1), the following persons also commit an offence against section 65BA(1)—
(a) an employer of the driver of the heavy vehicle;
(b) an operator or registered operator of the heavy vehicle;
(c) the person who contracted with the driver of the heavy vehicle for provision of services for the consignment of goods for transport by road.
(2) A person referred to in subsection (1)(a), (b) or (c) does not commit an offence against section 65BA(1) if the person took reasonable steps that include—
(a) the person did not know, and could not reasonably be expected to have known, of the conduct of the driver of the heavy vehicle that constituted the commission of the offence; and
(b) either—
(i) the person had taken all steps to prevent that conduct from occurring; or
(ii) there were no steps that the person could reasonably be expected to have taken to prevent the conduct from occurring.
(3) Without limiting subsection (2), in determining whether a person referred to in subsection (1)(a), (b) or (c) has taken reasonable steps , a court may have regard to—
(a) the circumstances of the offence; and
(b) without limiting paragraph (a), the measures available and measures taken for all or any of the following—
(i) to manage, reduce or eliminate the risk of the offence being committed;
(ii) to exercise supervision or control over the driver involved in the commission of the offence;
(iii) to exercise supervision or control over activities leading to the commission of the offence;
(iv) to include compliance assurance conditions in relevant commercial arrangements;
(v) to provide information, instruction, training and supervision to employees to ensure compliance with section 65BA;
(vi) to maintain work systems to enable compliance with section 65BA; and
(c) the personal expertise and experience that the person had or ought to have had.
S. 65BC inserted by No. 8/2019 s. 148.