Western Australian Current Regulations Western Australian Current Regulations (1) In this
regulation —
Load Restraint Guide means the document entitled
“Load Restraint Guide” Second Edition 2004 and published by the
National Transport Commission established by the
National Transport Commission Act 2003 (Commonwealth) section 5.
(2) A load on a
vehicle must not be placed in a way that makes the vehicle unstable or unsafe.
(3) In a prosecution
for an offence under section 29(1) in relation to the alleged breach of a
loading requirement mentioned in subregulation (2), evidence given that
the load was not positioned in accordance with the guidelines and performance
standards set out in the Load Restraint Guide is prima facie evidence that the
placement of the load made the vehicle unstable or unsafe.
(4) A load on a
vehicle must be secured in accordance with the guidelines and performance
standards for the safe carriage of loads on road vehicles set out in the Load
Restraint Guide.
(5) In a prosecution
for an offence under section 29(1) in relation to the alleged breach of a
loading requirement mentioned in subregulation (2) or (4) a document
purporting to be the Load Restraint Guide must, in the absence of any evidence
to the contrary, be taken to be the Load Restraint Guide.