New South Wales Consolidated Regulations New South Wales Consolidated Regulations(cf 2007 reg cl 52)
(1) A person must not use a registrable vehicle on a road or road related area unless--(a) the vehicle complies with clause 25, and(b) in the case of a light vehicle--(i) the vehicle complies with the Light Vehicle Standards Rules, and(ii) the vehicle and its parts and equipment are suitable for safe use and are in a thoroughly serviceable condition.: Maximum penalty--20 penalty units.Note : Section 60 of the Heavy Vehicle National Law (NSW) makes it an offence for a person to use, or permit to be used, on a road a heavy vehicle that contravenes a heavy vehicle standard applying to the vehicle under that Law.
(2) Without limiting the liability of any other person under subclause (1), if a registrable vehicle is used in contravention of that subclause by a person other than the registered operator of the vehicle, the registered operator is also guilty of an offence under that subclause.
(3) A person is not guilty of an offence under subclause (1) if--(a) the vehicle concerned is used on a road or road related area in accordance with a condition imposed on its use, given expressly or by necessary implication, by a police officer or Transport for NSW under section 76 of the Act, or(b) the vehicle--(i) fails to comply with the dimension limits prescribed by Division 2 of Part 6 of the Light Vehicle Standards Rules, and(ii) is exempt from the dimension limits by the operation of clause 141, or(c) the vehicle is conditionally registered under this Regulation despite a failure to comply with an applicable vehicle standard and is used on a road or road related area in accordance with the conditions of registration, or(d) the vehicle concerned is used on a road or road related area in accordance with the conditions of an unregistered vehicle permit.
(4) If any person employed by the registered operator of a registrable vehicle that is a light vehicle to drive the vehicle becomes aware that the vehicle is not in a safe and thoroughly serviceable condition to be used on a road or road related area, the person must--(a) prepare, as soon as is practicable, in duplicate, a report on a form supplied to the person for that purpose by the registered operator that includes the prescribed particulars, and(b) retain a copy of the report and, as soon as is practicable--(i) leave the other copy of the report with the registered operator, or(ii) if it is not practicable for the registered operator personally to take delivery of the report--leave the report for the operator with a person, or at a place, appointed by the operator for the purpose.: Maximum penalty--20 penalty units.
(5) The registered operator of a registrable vehicle that is a light vehicle who employs a person to drive the vehicle must--(a) provide the driver with forms for the purposes of subclause (4) and appoint a person with whom, or a place at which, any report referred to in that subclause may be left for the operator when it is not practicable for the registered operator to take delivery of it, and(b) retain a copy of any report left with or for the registered operator under subclause (4) for a period of 6 months from the date of the report, and(c) produce the report (or cause it to be produced) for inspection if required to do so by Transport for NSW or a police officer.: Maximum penalty--20 penalty units.
(6) Nothing in subclause (4) or (5) affects the liability of any person under subclause (1) or (2).
(7) In this clause--
"prescribed particulars" , in relation to a report referred to in subclause (4), means--(a) the date of the report, and(b) the registration number of the vehicle, and(c) a statement specifying which parts or equipment of the vehicle need, in the person's opinion, to be repaired, replaced or adjusted to put the vehicle in a safe and thoroughly serviceable condition.
"registrable vehicle" includes a road train and any component vehicle of a road train and a B-double.
"road train" means a combination, other than a B-double, consisting of a motor vehicle towing at least 2 trailers (counting as one trailer and a converter dolly supporting a semi-trailer).