Heavy Vehicles

Proctor & Associates will advise you on the best course of action in order to obtain the best possible result for you. Should you find yourself charged with any of the following heavy vehicle traffic offences, or other any other offences, contact us immediately and organise an appointment.

The Road Transport (General) Act 2005 deals with among other things, the requirements of Vehicles and Heavy Vehicles in respect of Mass, Dimension and Load Restraint. Chapter 3 sets out those requirements and penalties from ss. 19 - 120.

We will deal with Heavy vehicles in this paper and confine it to Part 3.3.

Breaches

Subdivision 1 establishes three standards of breach. Minor, Substantial and Severe Breaches and these are set out in sections 31, 32 and 33.

Division 3 deals with enforcement powers when dealing with minor, substantial or severe breaches and their powers to either permit the vehicle to proceed further, or otherwise be directed that the vehicle not be moved further and indeed in some circumstances, impounded (cf. s.48).

Liability of various parties

Division 4 deals with the liability of various parties connected with the consignor, packer, loader, operator, driver and consignee.

Defences available

At common law, each of these persons would have a common law defence of honest and reasonable mistake of fact. Section 90 does not permit such defence. However, under the Act there is a statutory defence of what is termed "reasonable steps defence" and each of the above parties except the consignee, have available to them such defence.

The thrust of the reasonable steps defence is twofold being that the defendant:
(a) did not know, and could not reasonably be expected to have known, of the contravention, and
(b) had taken all reasonable steps to prevent the contravention.

There are also further requirements to be established which are set out in s.87 including those pertaining to a Company as opposed to an individual.

Penalties

S.59 sets out the various categories of penalties for individuals and companies and whether it is a "first offence" or a "second or subsequent offence". The penalties are as follows:

Table of penalties for mass, dimension and load restraint breaches

Offence	Maximum court-imposed penalty on individual for first offence	Maximum court-imposed penalty on individual for subsequent offence	Maximum court-imposed penalty on body corporate for first offence	Maximum court-imposed penalty on body corporate for subsequent offence
Minor risk breach of mass requirement (including sections 53 (1), 54 (1), 55, 56 and 57-liability of consignor, packer, loader, operator or driver)	10 penalty units	20 penalty units	50 penalty units	100 penalty units
Substantial risk breach of mass requirement (including sections 53 (1), 54 (1), 55, 56 and 57-liability of consignor, packer, loader, operator or driver)	20 penalty units	40 penalty units	100 penalty units	200 penalty units
Severe risk breach of mass requirement (including sections 53 (1), 54 (1), 55, 56 and 57-liability of consignor, packer, loader, operator or driver)	50 penalty units plus 5 penalty units for every additional 1% over 120% overload	100 penalty units plus 10 penalty units for every additional 1% over 120% overload	250 penalty units plus 25 penalty units for every additional 1% over 120% overload	500 penalty units plus 50 penalty units for every additional 1% over 120% overload
Minor risk breach of dimension or load restraint requirement (including sections 53 (1), 54 (1), 55, 56 and 57-liability of consignor, packer, loader, operator or driver)	7.5 penalty units	15 penalty units	37.5 penalty units	75 penalty units
Substantial risk breach of dimension or load restraint requirement (including sections 53 (1), 54 (1), 55, 56 and 57-liability of consignor, packer, loader, operator or driver)	15 penalty units	30 penalty units	75 penalty units	150 penalty units
Severe risk breach of dimension or load restraint requirement (including sections 53 (1), 54 (1), 55, 56 and 57-liability of consignor, packer, loader, operator or driver)	50 penalty units	100 penalty units	250 penalty units	500 penalty units

A penalty unit is equivalent to $110.00

Matters to be taken into account on penalty

Section 60 of the Act deals with the various matters which a Court may take into account when dealing with an offence under this Act.

The various matters that a court is to take into consideration are as follows s.60(2).

(2) In determining the sanctions (including the level of fine) that are to be imposed in respect of breaches of mass, dimension or load restraint requirements, a court is to take into consideration the classification of the breach under this Part and, having regard to that classification, the following matters:

(a) minor risk breaches involve either or both of the following:
(i) an appreciable risk of accelerated road wear,
(ii) an appreciable risk of unfair commercial advantage,

(b) substantial risk breaches involve one or more of the following:
(i) a substantial risk of accelerated road wear,
(ii) an appreciable risk of damage to road infrastructure,
(iii) an appreciable risk of increased traffic congestion,
(iv) an appreciable risk of diminished public amenity,
(v) a substantial risk of unfair commercial advantage,

(c) severe risk breaches involve one or more of the following:
(i) an appreciable risk of harm to public safety or the environment,
(ii) a serious risk of accelerated road wear,
(iii) a serious risk of harm to road infrastructure,
(iv) a serious risk of increased traffic congestion,
(v) a serious risk of diminished public amenity,
(vi) a serious risk of unfair commercial advantage.

Any opinions expressed by the writer in this article are not provided as legal advice but simply an opinion in respect of the law as it stands as at this date. It is provided as assistance only and should not be interpreted as being legal advice for any particular case. Readers should contact their own lawyer and obtain individual legal advice for their particular case.

Proctor & Associates will advise you on the best course of action in order to obtain the best possible result for you. Should you find yourself charged with any of the above offences, or any other offences, contact us immediately and organise an appointment.

Criminal Lawyer specialising in DUI Offences, Conveyancing, Commercial Law & Wills and Estate Planning

Breaches

Liability of various parties

Defences available

Penalties