Road Traffic (Vehicles) Amendment (Offensive Advertising) Bill 2022 - Road Traffic (Vehicles) Act 2012
Bill No.82
17 Aug 2022
Legislative Assembly Second Reading - 17 Aug 2022

Western Australia

Road Traffic (Vehicles) Act 2012

Incorporating the amendments proposed

by the Road Traffic (Vehicles) Amendment

(Offensive Advertising) Bill 2022

(Bill No. 82-1)

page i [This compilation shows amendments proposed by Bill No. 82-1.]

Western Australia

Road Traffic (Vehicles) Act 2012

Contents

Part 1 — Preliminary

1. Short title 2 2. Commencement 2 3. Terms used 2

Part 2 — Licensing of vehicles

Division 1 — General provisions about licensing 4. Vehicle licences 11 5. Applications for grant, renewal, transfer and

variation of vehicle licences 12 6. Regulations for grant, renewal and variation of

vehicle licences 14 7. Charges for vehicle licences 15 8. Licence obtained by means of dishonoured cheque

of no effect 16 9. Cancellation, suspension of vehicle licence in

certain circumstances 16 10. Transfer of vehicle licences 17 11. Requirement to make declaration on applying for

grant or transfer of vehicle licence 19 12. Change of nominated owner 19 13. Permits and number plates for unlicensed vehicles 20 14. Register of vehicle licences 21 15. Labels to be affixed to certain vehicles 21 16. Effect of licence suspension order, disqualification 21 17. Classification of vehicle licences 22 18. Applicable charges in case of amendment 22 19. Minister may require vehicles to be inspected 23

Division 2 — Offensive advertisements on

vehicles 19A. Licence warning notices 23 19B. Withdrawal of licence warning notices 24

Part 3 — Overseas motor vehicles

when temporarily in Australia

20. Terms used 26 21. Application of this Part 26 22. Free vehicle licences for certain overseas vehicles 26 23. Vehicle licence for overseas vehicle granted in

another jurisdiction has effect in this State 27

Road Traffic (Vehicles) Act 2012

Contents

page ii [This compilation shows amendments proposed by Bill No. 82-1.]

24. Free extension or renewal of vehicle licences for

certain overseas vehicles 27 25. Free licence or renewal ceases to have effect in

certain cases 28 26. Number plates on overseas vehicles 29 27. Regulations 29

Part 4 — Mass, dimension and

loading requirements

Division 1 — Term used in this Part 28. Term used: person connected 31

Division 2 — Mass, dimension and loading

offences and modification of mass or

dimension requirements

Subdivision 1 — Mass, dimension and loading

offences 29. Mass, dimension and loading requirements to be

complied with 31 30. Penalties for mass, dimension or loading offences 32 31. Offences by consignees 34

Subdivision 2 — Modification of mass or dimension

requirements for certain vehicles 32. Terms used 34 33. Modification of mass or dimension requirements

for prescribed vehicles 35 34. Order or permit for modification 35 35. Application of modified mass or dimension

requirement 36 36. Compliance with orders, permits 36 37. Regulations about modifying mass or dimension

requirements 37

Division 3 — Access restrictions on certain

vehicles that comply with mass or

dimension requirements 38. Terms used 37 39. Restriction on access of complying restricted

access vehicles to certain roads 38 40. Access approvals 38 41. Order or permit for access approval 39 42. Application of access approvals 39 43. Regulations about giving access approvals 39

Division 4 — Accreditation 44. Accreditation of persons in relation to certain

heavy vehicles 40 45. Regulations about accreditation 41 46. Effect of suspension or cancellation of

accreditation on modification or access approval 42

Road Traffic (Vehicles) Act 2012

Contents

page iii [This compilation shows amendments proposed by Bill No. 82-1.]

Part 5 — Categories of breach of

mass, dimension or loading

requirements

Division 1 — The categories of breach 47. Categories of breach 43

Division 2 — Mass requirements: categories of

breach 48. Mass requirements: minor risk breaches 43 49. Mass requirements: substantial risk breaches 43 50. Mass requirements: severe risk breaches 43

Division 3 — Dimension requirements:

categories of breach 51. Terms used 44 52. Dimension requirements: minor risk breaches 44 53. Dimension requirements: substantial risk breaches 44 54. Dimension requirements: severe risk breaches 45 55. Dangerous projections 46

Division 4 — Loading requirements: categories

of breach 56. Determining whether breach of loading

requirement gives rise to certain risks 46 57. When a load’s becoming displaced or unsecured is

imminent 46 58. Loading requirements: minor risk breaches 47 59. Loading requirements: substantial risk breaches 47 60. Loading requirements: severe risk breaches 48

Part 6 — Directions as to MDLR

breaches, defect notices and

improvement notices

Division 1 — General 61. Application of Part in relation to other directions 49

Division 2 — Rectification of breaches of mass,

dimension or loading requirements 62. Term used: rectification action 49 63. Minor risk breaches 49 64. Substantial risk breaches 50 65. Severe risk breaches 51 66. Directions to be complied with 53 67. Authorisation to continue journey if only minor

risk breaches 53 68. Operation of directions in relation to detachable

vehicles 53 69. Directions and authorisations to be in writing 53

Road Traffic (Vehicles) Act 2012

Contents

page iv [This compilation shows amendments proposed by Bill No. 82-1.]

Division 3 — Defect notices 70. Terms used 54 71. Notices in relation to vehicle defects 54 72. Form and content of defect notices 55 73. Service of defect notices 55 74. Duration of defect notice 56 75. Defect notices and directions to be complied with 56 76. Powers of vehicle examiners 57

Division 4 — Improvement notices 77. Terms used 57 78. Improvement notices 58 79. Form and content of improvement notices 59 80. Improvement notice to be complied with 59 81. Amendment of improvement notices 60 82. Cancellation of improvement notices 60 83. Clearance certificates 61

Part 7 — Container weight

declarations

Division 1 — Obligations in relation to

container weight declarations 84. Terms used 62 85. Form of container weight declaration 62 86. Duty of responsible entity 63 87. Duty of responsible person 63 88. Duty of driver 64

Division 2 — Recovery of losses resulting from

not providing accurate container weight

declarations 89. Recovery of losses if container weight declaration

not provided 64 90. Recovery of losses for provision of inaccurate

container weight declaration 65 91. Recovery of amount by responsible entity 66 92. Assessment of monetary value or attributable

amount 67 93. Costs 67

Part 8 — Other MDLR offences

Division 1 — False or misleading transport

documentation offences 94. Terms used 68 95. Consignors: transport documentation 68 96. Packers: transport documentation 68 97. Loaders: transport documentation 68 98. Receivers: transport documentation 69 99. Responsible entity: container weight declaration 69

Road Traffic (Vehicles) Act 2012

Contents

page v [This compilation shows amendments proposed by Bill No. 82-1.]

100. Responsible person for vehicle: container weight

declaration 69 101. Container weight declaration: certain information

not necessarily false or misleading 70 102. Reasonable steps defence 70

Division 2 — Miscellaneous MDLR offences 103. Weight of freight container: consignors’ duties 70 104. Weight of freight container: packers’ duties 70 105. Dismissal or other victimisation of employee or

contractor assisting with or reporting breaches 70 106. Coercing, inducing or offering incentive 72 107. Certain false or misleading information not to be

provided to involved persons 72

Part 9 — Liability for MDLR

offences committed by other

persons

108. Liability of officers of bodies corporate 74 109. Liability of partners and persons managing

partnerships 74 110. Liability of persons managing unincorporated

associations 75 111. Liability of employers 76 112. Liability of offender not affected 76

Part 10 — Defences

Division 1 — Reasonable steps defences 113. Reasonable steps defence 77

Division 2 — Other defences 114. Defence for responsible persons 78 115. Defence for drivers 79 116. Laws as to criminal responsibility not affected 79

Part 11 — Court imposed sanctions

Division 1 — Term used in this Part 117. Term used: associate 80

Division 2 — General matters as to sentencing

for MDLR offences 118. Sentencing principles 80 119. Default categorisation 81 120. Matters to be considered by courts when

sentencing 81 121. Prohibition order has priority 82 122. Previous convictions of MDLR offences 82

Road Traffic (Vehicles) Act 2012

Contents

page vi [This compilation shows amendments proposed by Bill No. 82-1.]

Division 3 — Commercial benefits penalty

orders 123. Commercial benefits penalty orders 82

Division 4 — Driver and vehicle licence

sanctions 124. Power to affect driver’s licence 83 125. Power to affect vehicle licence 85

Division 5 — Supervisory intervention orders 126. Supervisory intervention orders 86 127. Supervisory intervention order to be complied with 88

Division 6 — Prohibition orders 128. Prohibition orders 88 129. Prohibition order to be complied with 89

Part 12 — Miscellaneous

130. Substitution of vehicle in certain circumstances 90 131. Motor vehicle pools and insurance 90

Part 13 — Regulations

132. Regulations 91 133. Exemptions from regulations about vehicle

standards and requirements 93 134. Exemptions from regulations in emergencies 93 135. Regulations about exemptions 93 136. Schemes for optional number plates 94 137. Regulations may refer to published documents 95 138. Minister’s declarations that specified regulations

do not apply to specified persons or vehicles 95

Part 14 — Transitional provisions

Division 1 — Transitional provisions arising

from certain amendments made to the

Road Traffic Act 1974 by the Road Traffic

Legislation Amendment Act 2012 139. Terms used 96 140. Application of Interpretation Act 1984 96 141. Vehicle licences, applications 96 142. Transfer of vehicle licences 96 143. Change of nominated owner 97 144. Permits, number plates and notices for unlicensed

vehicles 97 145. Register of vehicle licences 98 146. Minister may require vehicles to be inspected 98 147. Overseas vehicles temporarily in Australia 98 148. Vehicle examiners and inspection stations 98 149. Mass requirements for class 3 vehicles used in

Harvest Mass Management Scheme 99 150. Transitional regulations 99

Road Traffic (Vehicles) Act 2012

Contents

page vii [This compilation shows amendments proposed by Bill No. 82-1.]

Notes

Compilation table 100 Other notes 100

page 1 [This compilation shows amendments proposed by Bill No. 82-1.]

Western Australia

Road Traffic (Vehicles) Act 2012

An Act to provide for the licensing and standards of vehicles and for

mass, dimension and loading requirements for vehicles used for

transporting goods and passengers by road and for related matters.

Road Traffic (Vehicles) Act 2012

Part 1 Preliminary

s. 1

page 2 [This compilation shows amendments proposed by Bill No. 82-1.]

Part 1 — Preliminary

1. Short title

This is the Road Traffic (Vehicles) Act 2012.

2. Commencement

This Act comes into operation as follows —

(a) sections 1 and 2 — on the day on which this Act

receives the Royal Assent;

(b) the rest of the Act, on the day fixed under the Road

Traffic (Administration) Act 2008 section 2(b).

3. Terms used

(1) In this Act, unless the contrary intention appears —

base, in relation to the driver of a vehicle, means a place from

which the driver normally works and receives instructions and

for the purposes of this definition —

(a) if the driver is a self-employed driver and an employed

driver at different times, the driver may have one base as

a self-employed driver and another base as an employed

driver; and

(b) if the driver has 2 or more employers, the driver may

have a different base in relation to each employer;

consignee, in relation to goods, means —

(a) a person who, with the person’s authority, is named or

otherwise identified as the intended consignee of the

goods in the transport documentation relating to the

transport of the goods by road; or

(b) a person who actually receives the goods after their road

transport is completed,

but does not include a person who merely unloads the goods;

consignor, in relation to goods, means —

(a) a person who, with the person’s authority, is named or

otherwise identified as the consignor of the goods in the

transport documentation relating to the transport of the

goods by road; or

(b) if there is no person to whom paragraph (a) applies —

(i) a person who engages a responsible person for a

vehicle, either directly or indirectly or through an

agent or other intermediary, to transport the

goods by road; or

Road Traffic (Vehicles) Act 2012

Preliminary Part 1

s. 3

page 3 [This compilation shows amendments proposed by Bill No. 82-1.]

(ii) a person who has possession of, or control over,

the goods immediately before the goods are

transported by road; or

(iii) a loader in relation to a vehicle that is to

transport the goods by road, who loads the

vehicle at a place where goods in bulk are stored

or temporarily held and the vehicle is unattended

during loading except by the driver or co-driver

of the vehicle, or any person necessary for the

normal operation of the vehicle;

or

(c) if there is no person to whom paragraph (a) or (b)

applies and the goods are imported into Australia, the

person who imports the goods;

dimension requirement

(a) means a prescribed requirement that relates to the

dimensions of —

(i) a vehicle; or

(ii) a vehicle’s load; or

(iii) a vehicle and its load;

or

(b) if, in a particular case, a requirement mentioned in

paragraph (a) is modified under Part 4 Division 2

Subdivision 2 means, in that case, the requirement as

modified;

employee means an individual who works under a contract of

employment, apprenticeship or training;

employer means a person who —

(a) employs a person under a contract of employment,

apprenticeship or training; or

(b) engages a person under a contract for services;

equipment, in relation to a vehicle, includes tools, devices and

accessories in or on the vehicle;

freight container means a container of a prescribed class of

container;

GCM (which stands for “gross combination mass”), in relation

to a vehicle, means the greatest possible sum of the maximum

loaded masses of the vehicle and of any vehicles that may be

towed by it at the one time —

(a) as specified by the vehicle’s manufacturer; or

Road Traffic (Vehicles) Act 2012

Part 1 Preliminary

s. 3

page 4 [This compilation shows amendments proposed by Bill No. 82-1.]

(b) as specified by the relevant authority if —

(i) the manufacturer has not specified the sum of the

maximum loaded mass; or

(ii) the manufacturer cannot be identified; or

(iii) the vehicle has been modified to the extent that

the manufacturer’s specification is no longer

appropriate;

goods

(a) includes —

(i) animals (whether alive or dead); and

(ii) a container (whether empty or not);

(b) does not include —

(i) people; or

(ii) fuel, water, lubricant or equipment that is being

carried in or on a vehicle for the normal

operation of the vehicle;

GVM (which stands for “gross vehicle mass”), in relation to a

vehicle, means the maximum loaded mass of the vehicle —

(a) as specified by the manufacturer; or

(b) as specified by the relevant authority if —

(i) the manufacturer has not specified a maximum

loaded mass; or

(ii) the manufacturer cannot be identified; or

(iii) the vehicle has been modified to the extent that

the manufacturer’s specification is no longer

appropriate;

heavy vehicle means a vehicle with a GVM of more than 4.5 t;

involved person means a person who is involved in the transport

of goods by road by means of a vehicle, and includes —

(a) an owner of the vehicle; and

(b) the driver of the vehicle; and

(c) a co-driver of the vehicle; and

(d) a responsible person for the vehicle; and

(e) a person in charge or apparently in charge of the vehicle;

and

(f) a person in charge or apparently in charge of a base of

the driver of the vehicle; and

Road Traffic (Vehicles) Act 2012

Preliminary Part 1

s. 3

page 5 [This compilation shows amendments proposed by Bill No. 82-1.]

(g) a person who is —

(i) accredited under Part 4 Division 4 in relation to

the vehicle; or

(ii) responsible for performing a function of a

prescribed kind in relation to the vehicle by way

of complying with a requirement of

accreditation;

and

(h) a person in charge of premises entered by a police

officer under a road law in relation to the vehicle or

goods; and

(i) the consignor and the consignee of the goods; and

(j) a loader in relation to the vehicle; and

(k) a packer of the goods; and

(l) in the case where the goods were packed, or put on a

vessel, outside Australia a person who, in Australia,

receives the goods for road transport; and

(m) an owner or operator of a weighbridge, or weighing

facility, used to weigh the vehicle, or an occupier of

premises where such a weighbridge or weighing facility

is located; and

(n) a responsible entity for a freight container in which the

goods are contained; and

(o) a person who controls or directly influences the loading

or operation of the vehicle or goods for road transport;

and

(p) an agent, employer, employee or subcontractor of a

person mentioned in another paragraph of this

definition;

journey documentation means any documentation, except

transport documentation, that is directly or indirectly associated

with —

(a) the actual or proposed physical transport of goods or

passengers by road or any previous transport of the

goods or passengers by any mode; or

(b) goods or passengers themselves so far as the

documentation is relevant to their actual or proposed

physical transport,

whether the documentation is in paper, electronic or any other

form, and whether or not the documentation relates to a

particular journey or to journeys generally, and includes —

Road Traffic (Vehicles) Act 2012

Part 1 Preliminary

s. 3

page 6 [This compilation shows amendments proposed by Bill No. 82-1.]

(c) records kept, used or obtained by an involved person in

connection with the transport of the goods; and

(d) workshop, maintenance and repair records relating to a

vehicle used or claimed to be used, for the transport of

the goods or passengers; and

(e) a subcontractor’s payment advice relating to the vehicle

used or claimed to be used, goods, passengers or the

transport of the goods or passengers; and

(f) records kept, used or obtained by the driver or a

co-driver of the vehicle used for the transport of the

goods or passengers, including (for example) the

driver’s run sheet, a log book entry, a fuel docket or

receipt, a food receipt, a tollway receipt, pay records and

mobile or other phone records; and

(g) driver manuals and instruction sheets; and

(h) advice in any form from check weighing performed

before, during or after a journey;

licence warning notice has the meaning given in

section 19A(3);

light vehicle means a vehicle with a GVM of 4.5 t or less;

load, when used as a noun in relation to a vehicle, means —

(a) the vehicle’s driver and co-drivers and their personal

items; and

(b) the goods and passengers in or on the vehicle; and

(c) the fuel, water, lubricant or equipment that is being

carried in or on the vehicle for the normal operation of

the vehicle; and

(d) anything that is normally removed from the vehicle

when not in use;

loader, in relation to a vehicle, means a person who —

(a) loads the vehicle with goods for road transport; or

(b) loads the vehicle with a freight container (whether or not

containing goods) for road transport; or

(c) loads a freight container that is already in or on the

vehicle with goods for road transport; or

(d) supervises an activity mentioned in paragraph (a), (b)

or (c); or

(e) manages or controls an activity mentioned in

paragraph (a), (b), (c) or (d);

Road Traffic (Vehicles) Act 2012

Preliminary Part 1

s. 3

page 7 [This compilation shows amendments proposed by Bill No. 82-1.]

loading requirement means a prescribed requirement that

relates to the placing or securing of a vehicle’s load;

mass, dimension or loading requirement means a mass

requirement, a dimension requirement or a loading requirement;

mass or dimension requirement means a mass requirement or a

dimension requirement;

mass requirement

(a) means a prescribed requirement that relates to the mass

of —

(i) a vehicle; or

(ii) a vehicle’s load; or

(iii) a vehicle and its load;

or

(b) if, in a particular case, a requirement mentioned in

paragraph (a) is modified under Part 4 Division 2

Subdivision 2 means, in that case, the requirement as

modified;

minor risk breach

(a) in relation to a mass requirement, has the meaning given

by section 48;

(b) in relation to a dimension requirement, has the meaning

given by section 52 or 55(1);

(c) in relation to a loading requirement, has the meaning

given by section 58;

night means the period between sunset on one day and sunrise

on the next day;

number plate means an identification tablet or number plate

bearing numerals, or letters, or numerals and letters;

packaging, in relation to goods for road transport, means the

container (including a freight container) in which the goods are

received or held for road transport, and includes anything that

enables the container to receive or hold the goods or to be

closed;

packer, in relation to goods, means a person who —

(a) puts the goods in packaging for road transport; or

(b) assembles the goods for road transport as packaged

goods in an outer packaging; or

Road Traffic (Vehicles) Act 2012

Part 1 Preliminary

s. 3

page 8 [This compilation shows amendments proposed by Bill No. 82-1.]

(c) assembles the goods for road transport as a load of

packaged goods that are —

(i) wrapped then strapped or otherwise secured to a

pallet or other base and to each other, for

transport; or

(ii) placed together in a protective outer container,

except a freight container, for transport; or

(iii) secured together in a sling for transport;

or

(d) supervises an activity mentioned in paragraph (a), (b)

or (c); or

(e) manages or controls an activity mentioned in

paragraph (a), (b), (c) or (d);

passenger, in relation to a vehicle, does not include the driver or

a co-driver of the vehicle;

prohibition order means an order made under section 128;

reasonable steps defence means the defence described in

section 113;

relevant authority, in relation to a vehicle, means —

(a) if the vehicle has never been licensed or registered but

the vehicle is used or is intended to be used in this

State — the CEO; or

(b) if the vehicle was last licensed in this State — the CEO;

or

(c) if the vehicle was last licensed or registered in another

jurisdiction — the corresponding authority in that

jurisdiction;

responsible entity, in relation to a freight container, is —

(a) the consignor of the container for road transport in this

State if the consignor was in Australia at the time of

consignment; or

(b) if there is no person as described in paragraph (a) — the

person who in Australia, on behalf of the consignor,

arranged for the transport of the container by road in this

State; or

(c) if there is no person as described in paragraph (a)

or (b) — the person who in Australia offers the

container for road transport in this State;

road transport means the transport of goods or passengers by

road by means of a vehicle;

Road Traffic (Vehicles) Act 2012

Preliminary Part 1

s. 3

page 9 [This compilation shows amendments proposed by Bill No. 82-1.]

severe risk breach

(a) in relation to a mass requirement, has the meaning given

by section 50;

(b) in relation to a dimension requirement, has the meaning

given by section 54;

(c) in relation to a loading requirement, has the meaning

given by section 60;

substantial risk breach

(a) in relation to a mass requirement, has the meaning given

by section 49;

(b) in relation to a dimension requirement, has the meaning

given by section 53 or 55(2);

(c) in relation to a loading requirement, has the meaning

given by section 59;

supervisory intervention order means an order made under

section 126;

transport documentation means —

(a) contractual documentation directly or indirectly

associated with —

(i) a transaction for or relating to the actual or

proposed transport of goods or passengers by

road or any previous transport of the goods or

passengers by any mode; or

(ii) goods or passengers themselves so far as the

documentation is relevant to their actual or

proposed transport;

or

(b) documentation associated with contractual

documentation mentioned in paragraph (a) and that is —

(i) contemplated, mentioned or incorporated, in the

contractual documentation; or

(ii) required by law, or customarily provided, in

connection with the contractual documentation

or with the transaction,

whether the documentation is in paper, electronic or any other

form, and includes an invoice, vendor declaration, delivery

order, consignment note, load manifest, export receival advice,

bill of lading, contract of carriage, sea carriage document, or

container weight declaration as defined in section 84, relating to

the goods or passengers.

Road Traffic (Vehicles) Act 2012

Part 1 Preliminary

s. 3

page 10 [This compilation shows amendments proposed by Bill No. 82-1.]

(2) The Road Traffic (Administration) Act 2008 Part 1 Division 2

provides for the meanings of some terms and abbreviations in

this Act.

[Section 3 amended: Road Traffic (Vehicles) Amendment

(Offensive Advertising) Bill 2022 cl. 4.]

Road Traffic (Vehicles) Act 2012

Licensing of vehicles Part 2

General provisions about licensing Division 1

s. 4

page 11 [This compilation shows amendments proposed by Bill No. 82-1.]

Part 2 — Licensing of vehicles

Division 1 — General provisions about licensing

[Heading inserted: Road Traffic (Vehicles) Amendment

(Offensive Advertising) Bill 2022 cl. 5.]

4. Vehicle licences

(1) A vehicle licence is required for a vehicle of a prescribed class.

(2) A responsible person for a vehicle and each person who uses the

vehicle on a road commits an offence if, at the time the vehicle

is used on the road —

(a) a vehicle licence is required for the vehicle; and

(b) a licence has not been granted in respect of the vehicle

or a licence has been granted in respect of the vehicle

but is not current.

Penalty: a fine of 10 PU, and in addition, the court is to order

the accused to pay a further penalty equal to the charges

payable under this Act for the grant of a vehicle licence for

the vehicle concerned for a period of 6 months.

(3) A person does not commit an offence under subsection (2)

arising out of the use of a vehicle within a period after the

expiry of the licence that is —

(a) prescribed by regulations made under section 6(2)(b) as

a period within which the licence may be renewed; and

(b) prescribed for the purposes of this subsection.

(4) A person does not commit an offence under subsection (2)

arising out of the use of a vehicle while it is used on a road —

(a) under and in accordance with a permit issued under

section 13(1); or

(b) with number plates mentioned in section 13(2) and in

accordance with each requirement applying to the use of

the number plates.

(5) A person does not commit an offence under subsection (2)

arising out of the use of a vehicle while its use on a road is

authorised under the law of another jurisdiction unless a

responsible person for the vehicle is ordinarily resident within

this State.

(6) A person is not to be convicted of an offence under

subsection (2) if the person has already been convicted of, or

charged with and acquitted of, an offence under the Motor

Road Traffic (Vehicles) Act 2012

Part 2 Licensing of vehicles

Division 1 General provisions about licensing

s. 5

page 12 [This compilation shows amendments proposed by Bill No. 82-1.]

Vehicle (Third Party Insurance) Act 1943 section 4(3A),4(3)(a),

and both those offences or alleged offences were committed

simultaneously.

[Section 4 amended: Road Traffic (Vehicles) Amendment

(Offensive Advertising) Bill 2022 cl. 6.]

5. Applications for grant, renewal, transfer and variation of

vehicle licences

(1) An owner of a vehicle may apply for the grant, renewal, transfer

or variation of a licence for the vehiclea vehicle by —

(a) submitting an application in a form approved by the

CEO; and

(b) paying the amount of —

(i) any fee or charge that would be required by

section 7; and

(ii) the duty, and any penalty tax, payable under the

Duties Act 2008 on the grant or transfer of the

licence.

(2) On the payment of —

(a) a sum ordered under section 10(7) to be paid; or

(b) a sum specified under the Road Traffic (Administration)

Act 2008 section 81(2) in an infringement notice,

an application for a transfer under subsection (1) is to be taken

to have been made, and the payment is to be taken to have been

a payment under subsection (1)(b).

(3) If an owner of a vehicle makes an application under

subsection (1), the CEO must, in accordance with the

regulations, grant, renew, transfer or vary a licence for theUpon

an application under subsection (1) the CEO, in accordance with

the regulations, is to grant, renew, transfer or vary a licence for

a vehicle if —

(a) either —

(i) the vehicle meets the prescribed standards and

requirements for that vehicle and is otherwise fit

for the purpose for which the licence is required;

or

(ii) the vehicle does not meet a prescribed standard

or requirement for that vehicle but the vehicle is

of a prescribed class or is used in a prescribed

manner or otherwise complies with each

Road Traffic (Vehicles) Act 2012

Licensing of vehicles Part 2

General provisions about licensing Division 1

s. 5

page 13 [This compilation shows amendments proposed by Bill No. 82-1.]

requirement prescribed for the purposes of this

subparagraph;

and

(b) in the case of an application by an individual, the

applicant has attained any minimum age prescribed by

regulations under section 132(2)(g) and provided any

proof of age and identity required by those regulations;

and

(c) the applicant has complied with any applicable

provisions of the Duties Act 2008 relating to the grant or

transfer of motor vehicles; and

(d) the CEO is satisfied that —

(i) the vehicle is kept primarily in this State; or

(ii) the vehicle is not kept primarily in any

jurisdiction;

and

(e) the vehicle were to be kept primarily in another

jurisdiction, the applicant would not be prevented by or

under the law of another jurisdiction from holding a

licence for, or being registered in respect of, the vehicle;

and

(f) a licence suspension order made under the Fines,

Penalties and Infringement Notices Enforcement

Act 1994 section 19 or 43 is not in force in respect of the

vehicle; and

(g) the vehicle is not immobilised under the Fines, Penalties

and Infringement Notices Enforcement Act 1994

section 95C; and

(h) the vehicle’s number plates have not been removed

under the Fines, Penalties and Infringement Notices

Enforcement Act 1994 section 95F; and

(i) a vehicle licence suspension and disqualification order

made under the Fines, Penalties and Infringement

Notices Enforcement Act 1994 section 95G is not in

force in respect of the vehicle; and

(j) a vehicle licence cancellation and disqualification order

made under the Fines, Penalties and Infringement

Notices Enforcement Act 1994 section 95J is not in force

in respect of the vehicle; andvehicle.

(k) in the case of an application for the grant of a licence

where a licence warning notice relating to the vehicle is

Road Traffic (Vehicles) Act 2012

Part 2 Licensing of vehicles

Division 1 General provisions about licensing

s. 6

page 14 [This compilation shows amendments proposed by Bill No. 82-1.]

in force — the CEO is satisfied that the advertisement

that gave rise to the licence warning notice has been

removed from the vehicle; and

(l) in the case of an application for the transfer of a

licence — there is no licence warning notice relating to

the vehicle in force.

(4) A vehicle cannot be licensed in the name of more than one

person at a particular time.

(5) Any one of 2 or more owners may apply for the grant or transfer

of a licence and the application is to be signed by each of them.

(6) An application under subsection (5) is to be regarded as notice

of the nomination of the applicant for the purposes of the Road

Traffic (Administration) Act 2008 section 5(2).

(7) Nothing in this section authorises or permits the CEO to grant,

renew or vary a vehicle licence contrary to any provision of the

Motor Vehicle (Third Party Insurance) Act 1943 or any other

provision of this Act or the regulations.

(8) The CEO is to refund any amount paid by a person in

connection with —

(a) an application under this section that is refused; or

(b) an application for the transfer of a licence upon which

the licence is not transferred but cancelled.

[Section 5 amended: No. 48 of 2012 s. 74; No. 25 of 2020

s. 124; Road Traffic (Vehicles) Amendment (Offensive

Advertising) Bill 2022 cl. 7.]

6. Regulations for grant, renewal and variation of vehicle

licences

(1) The regulations may provide for the grant, renewal or variation

of a vehicle licence by the CEO to the extent that a matter is not

provided for in section 5.

(2) Without limiting subsection (1), the regulations may —

(a) fix the periods for which a vehicle licence may be

granted or renewed; and

(b) fix a period, whether before or after the expiry of a

licence, within which the licence may be renewed; and

(c) provide that renewal of a vehicle licence within a

specified period after the expiry continues the licence;

and

Road Traffic (Vehicles) Act 2012

Licensing of vehicles Part 2

General provisions about licensing Division 1

s. 7

page 15 [This compilation shows amendments proposed by Bill No. 82-1.]

(d) provide that a vehicle licence that is renewed within a

specified period after the expiry of the licence is to be

taken as having effect from a specified time which may

be immediately after that expiry; and

(e) empower the CEO to provide for 3 or more vehicle

licences held by the same person to expire on the same

day.

(3) A regulation made under subsection (2)(c) or (d) does not

operate to provide a defence in a prosecution of an offence

under section 4(2).

7. Charges for vehicle licences

(1) The prescribed recording fee is to be paid to the CEO for the

grant, renewal or variation of any licence for a vehicle (other

than under Part 3), irrespective of whether the whole or any part

of a vehicle licence charge is also payable for the grant, renewal

or variation of the licence.

(2) The prescribed transfer fee is to be paid to the CEO for effecting

the transfer of any licence for a vehicle.

(3) Subject to any reduction, waiver, refund or deferral provided for

in the regulations, the appropriate prescribed charge is to be

paid to the CEO for granting, renewing or varying any licence

for a vehicle.

(4) If a vehicle licence is granted free of charge or upon the

payment of a reduced vehicle licence charge and —

(a) a condition imposed on the licence is not complied with;

or

(b) the ownership of the vehicle changes to that of a person

who would not be granted a licence free of charge or at a

reduced charge; or

(c) the vehicle is put to a use for which the licence would

not be granted free of charge or at a reduced charge,

for the purposes of section 4(2) the vehicle licence is to be taken

to be not current unless the vehicle licence charge, or the

difference between the vehicle licence charge and the reduced

vehicle licence charge, is paid.

(5) If a vehicle licence is granted under this Act and the fees or

charges paid in respect of the licence are subsequently found to

be in excess of the fees or charges which are properly payable in

respect of the licence, the CEO is to refund the amount of the

Road Traffic (Vehicles) Act 2012

Part 2 Licensing of vehicles

Division 1 General provisions about licensing

s. 8

page 16 [This compilation shows amendments proposed by Bill No. 82-1.]

excess to the person to whom the licence was granted as soon as

practicable after a written demand for the amount.

(6) If a vehicle licence is granted under this Act and the fees or

charges paid in respect of the licence are subsequently found to

be less than the fees or charges which are properly payable in

respect of the licence, and if the person to whom the licence was

granted fails to pay the deficiency to the CEO within 7 days

after the amount of the deficiency has been demanded in writing

from the person, the CEO may recover the deficiency in a court

of competent jurisdiction from the person.

8. Licence obtained by means of dishonoured cheque of no

effect

(1) Where the fees or charges for the grant or renewal of a vehicle

licence (the licence) are paid by a cheque which is not honoured

by the financial institution on which it is drawn, the licence has

no effect as from the time of grant or renewal, as is applicable in

the case.

(2) The person granted the licence must, on written demand made

by or on behalf of the CEO, deliver the licence document and

the number plates relating to the licence to the CEO by the time

specified in the demand.

Penalty: a fine of 6 PU.

(3) A person to whom a demand is made under subsection (2) must

not use or continue to use the licence document or the number

plates relating to the licence.

Penalty: a fine of 6 PU.

9. Cancellation, suspension of vehicle licence in certain

circumstances

(1) The CEO may cancel the licence in respect of any vehicle if —

(a) the applicable fees and charges have not been paid; or

(b) the vehicle does not meet the prescribed standards and

requirements for that vehicle; or

(c) a responsible person for the vehicle has failed to present

it for inspection when directed to do so by the CEO

under a road law; or

(d) the licence for the vehicle is surrendered in accordance

with the Motor Vehicle Dealers Act 1973 section 28A;

or28A.

Road Traffic (Vehicles) Act 2012

Licensing of vehicles Part 2

General provisions about licensing Division 1

s. 10

page 17 [This compilation shows amendments proposed by Bill No. 82-1.]

(e) each of the following applies —

(i) the CEO gives a licence warning notice to a

responsible person for the vehicle under

section 19A;

(ii) it is on or after the day specified in the notice

under section 19A(3)(b);

(iii) the notice is in force.

(2) The CEO may, in circumstances described in

subsection (1)(a), (b), (c) or (e),(b) or (c), suspend the licence in

respect of a vehicle until the circumstances giving rise to the

suspension are remedied.

(3) If requested under the Road Traffic Act 1974 section 79BD to

do so, the CEO must, in accordance with the request —

(a) suspend the licence in respect of a vehicle; or

(b) revoke the suspension of the licence in respect of a

vehicle.

[Section 9 amended: No. 2 of 2015 s. 25; Road Traffic

(Vehicles) Amendment (Offensive Advertising) Bill 2022 cl. 8.]

10. Transfer of vehicle licences

(1) A person to whom a licence in respect of a vehicle has been

granted must, within 7 days after ceasing to be the owner of the

vehicle —

(a) give notice in writing to the CEO of the name and

address of the new owner of the vehicle; and

(b) return the licence document and the related number

plates to the CEO if —

(i) the licence was granted free of charge or upon

the payment of a reduced vehicle licence charge;

and

(ii) the vehicle licence charge, or the difference

between the vehicle licence charge and the

reduced vehicle licence charge, has not been

paid.

Penalty: a fine of 10 PU.

(2) A person who becomes the owner of a vehicle in respect of

which a licence has been granted must, within 14 days after

Road Traffic (Vehicles) Act 2012

Part 2 Licensing of vehicles

Division 1 General provisions about licensing

s. 10

page 18 [This compilation shows amendments proposed by Bill No. 82-1.]

becoming the owner, give notice in writing to the CEO of that

fact.

Penalty: a fine of 10 PU.

(3) As soon as practicable after receiving notice under

subsection (1)(a) or (2), or otherwise, of a change in the

ownership of a vehicle in respect of which a licence has been

granted —

(a) if the CEO reasonably suspects that the vehicle does not

meet a prescribed standard or requirement relating to the

security of the vehicle, the CEO may issue to the new

owner a notice requiring that the vehicle be modified so

that it does meet the prescribed standard or requirement;

or

(b) if the CEO is satisfied that the licence may be

transferred under section 5(3) and no application has

been made under section 5(1), the CEO may issue to the

new owner a notice requiring that an application for the

transfer of the licence be made under section 5.

(4) In subsection (3) —

new owner, in relation to a vehicle, means a person who,

according to the notice received by the CEO, has become a new

owner of the vehicle and, if there is more than one such person,

each or any of them.

(5) If a vehicle has not been modified in accordance with a notice

issued under subsection (3)(a) within 28 days after the notice is

issued, or any longer period that the CEO allows, the CEO is to

cancel the licence in respect of the vehicle.

(6) A person to whom a notice is issued under subsection (3)(b)

commits an offence if an application for the transfer of the

licence for the vehicle is not made within 28 days after the

notice is issued, or any longer period that the CEO allows,

unless it can be shown that —

(a) the person did not agree to becoming an owner of the

vehicle and has notified the CEO in writing accordingly;

or

(b) another person has been nominated for the purposes of

the Road Traffic (Administration) Act 2008 section 5(2);

or

Road Traffic (Vehicles) Act 2012

Licensing of vehicles Part 2

General provisions about licensing Division 1

s. 11

page 19 [This compilation shows amendments proposed by Bill No. 82-1.]

(c) there is more than one owner of the vehicle and there is

good reason for not nominating a person under the Road

Traffic (Administration) Act 2008 section 5(2); or

(d) there was some other good reason that the application

for the transfer of the licence was not made.

Penalty: a fine of 50 PU.

(7) The court convicting a person of an offence under

subsection (6) must, whether imposing a penalty or not, order

the person to pay the sum of —

(a) the prescribed transfer fee; and

(b) the amount payable under a taxation Act, as defined in

the Taxation Administration Act 2003 Glossary, in

respect of the transfer of the licence.

(8) The other subsections of this section do not apply if a person to

whom a licence in respect of a vehicle has been granted dies,

and in that case the CEO, on an application under section 5, if

any, by the executor or administrator of the estate of that person,

is to endorse on the licence the transfer of the licence to that

executor or administrator.

11. Requirement to make declaration on applying for grant or

transfer of vehicle licence

(1) Regulations may require an applicant for the grant or transfer of

a licence in respect of a vehicle to declare in writing that the

vehicle meets any prescribed standard or requirement relating to

the security of vehicles that applies to that vehicle.

(2) If the applicant does not comply with a requirement of

regulations made for the purposes of subsection (1), it may be

taken for the purposes of section 5(3)(a) that the vehicle

concerned does not meet the prescribed standard or requirement.

12. Change of nominated owner

(1) If a person is the owner of a vehicle as the result of a

nomination for the purposes of the Road Traffic

(Administration) Act 2008 section 5(2), the person may apply to

the CEO, in a form approved by the CEO, to cancel the

nomination.

(2) The application is to include a statement, signed by each person

who would be an owner if there had been no nomination, to the

effect that they agree to another of them being the owner of the

vehicle for the purposes of this Act.

Road Traffic (Vehicles) Act 2012

Part 2 Licensing of vehicles

Division 1 General provisions about licensing

s. 13

page 20 [This compilation shows amendments proposed by Bill No. 82-1.]

(3) If the CEO approves the application and the applicant pays the

prescribed fee, if any —

(a) the current nomination ceases to have effect; and

(b) the statement under subsection (2) is to be treated as

being a nomination for the purposes of the Road Traffic

(Administration) Act 2008 section 5(2); and

(c) the CEO is to vary the licence by changing the name of

the person to whom the licence is granted in accordance

with the application.

13. Permits and number plates for unlicensed vehicles

(1) The CEO may grant to a person a permit (permit) authorising

the driving of an unlicensed vehicle or the towing of an

unlicensed vehicle in accordance with any requirements

specified by the CEO in the permit —

(a) to or from any place at which the CEO grants vehicle

licences or examines vehicles in connection with the

granting of vehicle licences or to or from any place at

which the vehicle is to be or has been repaired; or

(b) for a purpose that is specified by the CEO in the permit;

or

(c) for a prescribed purpose.

(2) The CEO may issue to a person of a prescribed class number

plates (number plates) which may be used on an unlicensed

vehicle in accordance with any requirement specified in writing

by the CEO.

(3) Without limiting any power to make regulations under this Act,

the regulations may prescribe —

(a) the fees for the grant of a permit; and

(b) the requirements that are to be taken to apply to all

permits or permits of a class specified in the regulations;

and

(c) the fees for the issue and use of number plates; and

(d) the requirements that are to be taken to apply to the use

and return of number plates on all unlicensed vehicles or

to the use and return of number plates on unlicensed

vehicles of a class specified in the regulations; and

(e) a deposit to be paid on the issue of, and in respect of,

number plates, and the circumstances in which that

deposit is forfeited or refunded.

Road Traffic (Vehicles) Act 2012

Licensing of vehicles Part 2

General provisions about licensing Division 1

s. 14

page 21 [This compilation shows amendments proposed by Bill No. 82-1.]

(4) The CEO may, by notice in writing, cancel a permit if the

vehicle in respect of which it was granted is driven or towed

otherwise than in accordance with the permit.

(5) A notice in writing mentioned in subsection (4) —

(a) is to be signed by a person authorised so to do by the

CEO; and

(b) is to be served on the person to whom the permit was

granted; and

(c) is to come into operation when it is served or, if a later

time is specified in the notice, at that time.

14. Register of vehicle licences

The CEO is to keep a register of vehicle licences, and enter in it

particulars of each vehicle licence that is granted.

15. Labels to be affixed to certain vehicles

Regulations may provide for —

(a) the CEO to issue a label (label) on the grant or renewal,

under this Part, of a vehicle licence for a vehicle of a

prescribed class; and

(b) specified information about a vehicle to be contained in

or on a label for the vehicle; and

(c) matters relating to the affixing to vehicles, and display,

of labels.

16. Effect of licence suspension order, disqualification

(1) Where a licence suspension order is made under the Fines,

Penalties and Infringement Notices Enforcement Act 1994 in

respect of a person, a licence held by that person in respect of a

vehicle specified in the order or in respect of any vehicle (as the

order directs) is, by force of this section, suspended so long as

the licence suspension order continues in force and during that

period is of no effect.

(2A) If a vehicle licence suspension and disqualification order is

made under the Fines, Penalties and Infringement Notices

Enforcement Act 1994 section 95G in respect of a person, a

licence held by that person in respect of the vehicle specified in

the order is, by force of this section, suspended so long as the

vehicle licence suspension and disqualification order continues

in force and during that period is of no effect.

Road Traffic (Vehicles) Act 2012

Part 2 Licensing of vehicles

Division 1 General provisions about licensing

s. 17

page 22 [This compilation shows amendments proposed by Bill No. 82-1.]

(2) Subsections (1) and (2A) do not operate to extend the period for

which a vehicle licence may be current or effective beyond the

expiration of the period for which the licence was expressed to

be granted or renewed.

(3) A vehicle licence obtained by a person who is disqualified from

holding or obtaining a vehicle licence is, by force of this

section, of no effect.

(4) If a vehicle licence cancellation and disqualification order is

made under the Fines, Penalties and Infringement Notices

Enforcement Act 1994 section 95J in respect of a person, a

licence held by that person in respect of the vehicle specified in

the order is, by force of this section, cancelled.

[Section 16 amended: No. 48 of 2012 s. 75; No. 25 of 2020

s. 125.]

17. Classification of vehicle licences

Despite any other provision of this Part, regulations may

prescribe classes of vehicle licences and by those regulations —

(a) specify the vehicles or classes of vehicle to which any

class of licence is to apply; and

(b) provide for licences of any particular class to be granted

for a limited period or limited periods; and

(c) empower the CEO to impose limitations on the use of a

vehicle for which a particular class of licence is granted.

18. Applicable charges in case of amendment

(1) In this section —

commencement day, in relation to regulations, means the day

from which, under the Interpretation Act 1984 section 41, those

regulations take effect and have the force of law;

specified day, in relation to regulations, means the day

prescribed in the regulations as the specified day for the

purposes of this section, being a day not less than 30 days after

the commencement day of those regulations.

(2) If regulations made under section 7(3) in relation to charges for

granting or renewing a vehicle licence are amended or replaced,

the regulations as in force immediately before the

Road Traffic (Vehicles) Act 2012

Licensing of vehicles Part 2

Offensive advertisements on vehicles Division 2

s. 19

page 23 [This compilation shows amendments proposed by Bill No. 82-1.]

commencement day of the amending or replacing regulations

continue to apply in relation to —

(a) the grant of a vehicle licence if that licence is granted

before the specified day; and

(b) the renewal of a vehicle licence if, in accordance with

regulations made under section 6, that renewal has

effect, or is to be taken to have effect, on and from a day

that precedes the specified day.

19. Minister may require vehicles to be inspected

(1) The Minister may, by order published in the Gazette, prohibit

the grant, renewal or transfer of any vehicle licence, in respect

of a vehicle unless and until the vehicle has been examined and

a certificate of inspection has been issued under this Act that the

vehicle meets the prescribed standards and requirements for that

vehicle and that the vehicle is fit for the purpose for which the

licence is desired.

(2) The Minister may, in an order under subsection (1), declare that

the provisions of the order —

(a) apply in respect of vehicles generally or in respect of

vehicles of a class specified in the order; or

(b) apply throughout the State or in a part of the State

specified in the order; or

(c) do not apply in a case, or cases of a class, specified in

the order.

Division 2 — Offensive advertisements on vehicles

[Heading inserted: Road Traffic (Vehicles) Amendment

(Offensive Advertising) Bill 2022 cl. 9.]

19A. Licence warning notices

(1) In this section —

Ad Standards means the Australian Association of National

Advertisers ACN 003 179 673 carrying on business under the

name Ad Standards;

advertising code means —

(a) the Australian Association of National Advertisers Code

of Ethics, published by the Australian Association of

National Advertisers ACN 003 179 673, as in force from

time to time; or

Road Traffic (Vehicles) Act 2012

Part 2 Licensing of vehicles

Division 2 Offensive advertisements on vehicles

s. 19B

page 24 [This compilation shows amendments proposed by Bill No. 82-1.]

(b) another document prescribed by the regulations for the

purposes of this definition to be an advertising code.

(2) This section applies if Ad Standards gives written notice to the

CEO that —

(a) Ad Standards, or a body appointed by Ad Standards, has

made a final determination that an advertisement on a

vehicle breaches the advertising code; and

(b) Ad Standards does not believe that the advertisement

has been removed from the vehicle.

(3) The CEO may give written notice (a licence warning notice) to

a responsible person for the vehicle stating that —

(a) Ad Standards has notified the CEO that —

(i) a determination has been made that an

advertisement on the vehicle is in breach of the

advertising code; and

(ii) Ad Standards does not believe that the

advertisement has been removed from the

vehicle;

and

(b) unless the CEO is satisfied that the advertisement has

been removed from the vehicle, the CEO may cancel the

vehicle licence for the vehicle on or after the day

specified in the licence warning notice.

(4) The day specified under subsection (3)(b) must not be less than

14 days after the day on which the CEO gives the licence

warning notice to the responsible person.

(5) The licence warning notice is in force until —

(a) it is withdrawn under section 19B; or

(b) the vehicle licence for the vehicle expires without being

renewed, or is cancelled, and a new vehicle licence for

the vehicle is granted.

[Section 19A inserted: Road Traffic (Vehicles) Amendment

(Offensive Advertising) Bill 2022 cl. 9.]

19B. Withdrawal of licence warning notices

(1) This section applies if —

(a) the CEO gives a licence warning notice to a responsible

person for a vehicle; and

Road Traffic (Vehicles) Act 2012

Licensing of vehicles Part 2

Offensive advertisements on vehicles Division 2

s. 19B

page 25 [This compilation shows amendments proposed by Bill No. 82-1.]

(b) the vehicle licence for the vehicle has not expired or

been cancelled since the licence warning notice was

given; and

(c) the CEO is satisfied that the advertisement that gave rise

to the licence warning notice has been removed from the

vehicle.

(2) The CEO must, by written notice given to the responsible

person, withdraw the licence warning notice.

(3) The notice under subsection (2) must state that the CEO cannot

cancel the vehicle licence for the vehicle on the basis of the

licence warning notice.

(4) For the purposes of subsection (1)(b), a vehicle licence that

expires and is renewed is taken not to have expired.

[Section 19B inserted: Road Traffic (Vehicles) Amendment

(Offensive Advertising) Bill 2022 cl. 9.]

Road Traffic (Vehicles) Act 2012

Part 3 Overseas motor vehicles when temporarily in Australia

s. 20

page 26 [This compilation shows amendments proposed by Bill No. 82-1.]

Part 3 — Overseas motor vehicles when temporarily

in Australia

20. Terms used

In this Part —

licence, in relation to an overseas vehicle, includes registration

of the vehicle or any other form of authorisation to drive the

vehicle on a public road, effected under the law of the country

in which the vehicle’s owner is ordinarily resident;

overseas vehicle means a motor vehicle that is imported for

temporary use in Australia from any other country and is —

(a) landed in this State direct from that country; or

(b) brought to this State from another jurisdiction.

21. Application of this Part

The provisions of this Part do not affect —

(a) Part 2 relating to the licensing of vehicles; or

(b) the provisions of the regulations made under this Act

relating to the licensing of vehicles, except to the extent

expressly provided; or

(c) the provisions of the Transport Co-ordination Act 1966

or the Transport (Road Passenger Services) Act 2018.

[Section 21 amended: No. 26 of 2018 s. 324.]

22. Free vehicle licences for certain overseas vehicles

(1) A person may apply to the CEO to be granted, free of charge, a

vehicle licence for an overseas vehicle if the person is an owner

of the vehicle and is not ordinarily resident in Australia.

(2) On an application the CEO is to grant, free of charge, a vehicle

licence for the overseas vehicle if the CEO is satisfied that —

(a) there is in force a vehicle licence granted in relation to

that vehicle under the law of the country in which the

owner is ordinarily resident; and

(b) there is in force a contract of insurance with respect to

the vehicle as provided in the Motor Vehicle (Third

Party Insurance) Act 1943 section 4; and

(c) there is documentary evidence establishing that the

owner has given to the Australian Government

department that has responsibility for customs a

Road Traffic (Vehicles) Act 2012

Overseas motor vehicles when temporarily in Australia Part 3

s. 23

page 27 [This compilation shows amendments proposed by Bill No. 82-1.]

guarantee that the vehicle is to be subsequently taken

out of Australia; and

(d) either —

(i) the overseas vehicle meets the prescribed

standards and requirements for that vehicle and

is otherwise fit for the purpose for which the

licence is required; or

(ii) the overseas vehicle does not meet a prescribed

standard or requirement for that vehicle but the

vehicle is of a prescribed class or is used in a

prescribed manner or otherwise complies with a

requirement prescribed for the purposes of

section 5(3)(a)(ii).

(3) The period of a vehicle licence granted under this section must

not go beyond —

(a) 12 months from the day when the vehicle was landed in

this State; or

(b) the day of the expiry of the licence granted under the

law of the country mentioned in subsection (2)(a); or

(c) the day of the expiry of the contract of insurance

mentioned in subsection (2)(b).

23. Vehicle licence for overseas vehicle granted in another

jurisdiction has effect in this State

For the purpose of this Part a licence granted by any licensing or

registering authority of another jurisdiction in relation to an

overseas vehicle is to be taken to be a vehicle licence under this

Act in respect of the vehicle when it is used on any road within

the State —

(a) during the currency of the licence; and

(b) so long as a contract of insurance with respect to that

vehicle as provided in the Motor Vehicle (Third Party

Insurance) Act 1943 section 3(4) or 4(1) is in force.

24. Free extension or renewal of vehicle licences for certain

overseas vehicles

(1) A person may apply to the CEO to be granted, free of charge, an

extension or renewal of a vehicle licence granted under

section 22 that has expired.

Road Traffic (Vehicles) Act 2012

Part 3 Overseas motor vehicles when temporarily in Australia

s. 25

page 28 [This compilation shows amendments proposed by Bill No. 82-1.]

(2) On an application the CEO is to grant, free of charge, an

extension or renewal of the licence if the CEO is satisfied

that —

(a) the vehicle is being used in this State; and

(b) there is in force a vehicle licence granted in relation to

that vehicle under the law of the country in which the

owner is ordinarily resident; and

(c) there is in force a contract of insurance with respect to

the vehicle as provided in the Motor Vehicle (Third

Party Insurance) Act 1943 section 4; and

(d) there is documentary evidence establishing that the

owner has given to the Australian Government

department that has responsibility for customs a

guarantee that the vehicle is to be subsequently taken

out of Australia; and

(e) either —

(i) the overseas vehicle meets the prescribed

standards and requirements for that vehicle and

is otherwise fit for the purpose for which the

licence is required; or

(ii) the overseas vehicle does not meet a prescribed

standard or requirement for that vehicle but the

vehicle is of a prescribed class or is used in a

prescribed manner or otherwise complies with a

requirement prescribed for the purposes of

section 5(3)(a)(ii).

(3) The period for which a vehicle licence is extended or renewed

under this section must not go beyond —

(a) 12 months from the day when the vehicle was landed in

Australia; or

(b) the day of the expiry of the licence granted under the

law of the country mentioned in subsection (2)(b); or

(c) the day of the expiry of the contract of insurance

mentioned in subsection (2)(c).

25. Free licence or renewal ceases to have effect in certain cases

A vehicle licence that is granted under section 22 or extended or

renewed under section 24 ceases to have effect when —

(a) the vehicle’s owner becomes ordinarily resident in

Australia; or

Road Traffic (Vehicles) Act 2012

Overseas motor vehicles when temporarily in Australia Part 3

s. 26

page 29 [This compilation shows amendments proposed by Bill No. 82-1.]

(b) the vehicle is transferred to a person who is ordinarily

resident in Australia.

26. Number plates on overseas vehicles

(1) If —

(a) on its arrival in this State, an overseas vehicle is

equipped with one or more number plates in accordance

with the law of the country or jurisdiction from which it

was landed or brought; and

(b) a vehicle licence is granted under section 22 or extended

or renewed under section 24 in relation to the vehicle,

the number plates are to be taken to have been issued under this

Act during the currency of the vehicle licence and while the

vehicle is being used temporarily within Australia.

(2) If —

(a) on its arrival in this State, an overseas vehicle is not

equipped with any number plates or has a number plate

that is so mutilated that any material part is obscured,

obliterated or indistinct; and

(b) a vehicle licence is granted under section 22 or extended

or renewed under section 24 in relation to the vehicle,

the CEO, on payment of the prescribed fee, is to issue to the

vehicle’s owner a temporary plate or plates which are to be

affixed to the vehicle in the manner and place in or on the

vehicle that are prescribed for ordinary number plates.

27. Regulations

The regulations may provide for —

(a) matters relating to applications under section 22 or 24;

and

(b) matters relating to the application for the issue of, and

the use and return of, temporary number plates; and

(c) matters relating to the use on roads in this State of

overseas vehicles that have the steering apparatus on the

left-hand side of the vehicle; and

(d) matters relating to the issue and use of plates that

identify to other road users vehicles mentioned in

paragraph (c); and

(e) the fees for plates mentioned in paragraphs (b) and (d);

and

Road Traffic (Vehicles) Act 2012

Part 3 Overseas motor vehicles when temporarily in Australia

s. 27

page 30 [This compilation shows amendments proposed by Bill No. 82-1.]

(f) the nature and kind of information and particulars that

owners of overseas vehicles are to give the CEO at any

specified time or from time to time, relating to the

vehicle; and

(g) the CEO to issue a label (label) on the grant, extension

or renewal, under this Part, of a vehicle licence for a

vehicle of a prescribed class; and

(h) specified information about a vehicle to be contained in

or on a label for the vehicle; and

(i) matters relating to the affixing to vehicles, and display,

of labels.

Road Traffic (Vehicles) Act 2012

Mass, dimension and loading requirements Part 4

Term used in this Part Division 1

s. 28

page 31 [This compilation shows amendments proposed by Bill No. 82-1.]

Part 4 — Mass, dimension and loading requirements

Division 1 — Term used in this Part

28. Term used: person connected

In this Part —

person connected with a vehicle means a person who is —

(a) the driver of the vehicle; or

(b) a co-driver of the vehicle; or

(c) a responsible person for the vehicle; or

(d) a consignor of goods that are in or on the vehicle; or

(e) a loader in relation to the vehicle; or

(f) a packer of goods that are in or on the vehicle.

Division 2 — Mass, dimension and loading offences and

modification of mass or dimension requirements

Subdivision 1 — Mass, dimension and loading offences

29. Mass, dimension and loading requirements to be complied

with

(1) A person connected with a vehicle commits an offence if —

(a) the vehicle is on a road; and

(b) a mass, dimension or loading requirement that applies to

the vehicle or its load or to the vehicle and its load is not

being complied with.

(2) In a prosecution for an offence under subsection (1) the person

charged has the benefit of the reasonable steps defence.

(3) A person does not commit an offence under subsection (1) in

relation to a mass requirement that applies to a heavy vehicle

and its load if —

(a) the load is grain, sand, ore, volume loaded liquid, or any

other commodity, that is transported in bulk; and

(b) the vehicle is built for the purpose of carrying that

commodity in bulk; and

(c) the vehicle is designed so that the load can move within

the confines of the vehicle; and

(d) the gross loaded mass of the vehicle at the time does not

exceed the vehicle’s GVM; and

Road Traffic (Vehicles) Act 2012

Part 4 Mass, dimension and loading requirements

Division 2 Mass, dimension and loading offences and modification of mass or dimension requirements

s. 30

page 32 [This compilation shows amendments proposed by Bill No. 82-1.]

(e) the amount of mass in excess of the amount of the

maximum mass permitted in relation to an axle mass

requirement, expressed as a percentage of the amount of

the maximum mass, is less than 5%.

30. Penalties for mass, dimension or loading offences

(1) The penalty for an offence under section 29(1) that involves a

failure to comply with a mass requirement in relation to a heavy

vehicle is the fine set out in the Table corresponding to the

amount of mass in excess of the amount of the maximum mass

permitted under the requirement, expressed as a percentage of

the amount of the maximum mass, but the minimum penalty is

the minimum fine set out in the Table corresponding to the

amount of the excess mass.

Table — Heavy vehicles — breach of mass requirement

Mass in excess of maximum

permitted mass (%)

Above or (except

in the case of

0%) equal to

Less than Fine Minimum

Fine

% % PU PU

0 5 20 4

5 10 40 6

10 15 60 10

15 20 80 12

20 25 120 18

25 30 140 20

30 35 160 24

35 40 180 28

40 45 200 32

45 50 220 36

50% or more 300 40

(2) The penalty for an offence under section 29(1) that involves a

failure to comply with a mass requirement in relation to a light

vehicle is the fine set out in the Table corresponding to the

amount of mass in excess of the amount of the maximum mass

permitted under the requirement, expressed as a percentage of

Road Traffic (Vehicles) Act 2012

Mass, dimension and loading requirements Part 4

Mass, dimension and loading offences and modification of mass or dimension requirements

Division 2

s. 30

page 33 [This compilation shows amendments proposed by Bill No. 82-1.]

the amount of the maximum mass, but the minimum penalty is

the minimum fine set out in the Table corresponding to the

amount of the excess mass.

Table — Light vehicles — breach of mass requirement

Mass in excess of maximum

permitted mass (%)

Above or (except

in the case

of 0%) equal to

Less than Fine Minimum

fine

% % PU PU

0 5 8 2

5 10 12 3

10 15 16 4

15 20 20 5

20 25 24 6

25 30 28 7

30 35 32 8

35 40 40 10

40 45 48 12

45 50 56 14

50% or more 64 16

(3) The penalty for an offence under section 29(1) that is not

mentioned in subsection (1) or (2) is —

(a) in the case of a breach of a loading requirement that is a

minor risk breach, a fine of 4 PU; or

(b) in the case of any other minor risk breach, a fine of

20 PU but the minimum penalty is a fine of 6 PU; or

(c) in the case of a substantial risk breach, a fine of 40 PU

but the minimum penalty is a fine of 10 PU; or

(d) in the case of a severe risk breach, a fine of 100 PU but

the minimum penalty is a fine of 20 PU.

(4) If a person is convicted of an offence under section 29(1)

involving a failure to comply with a mass or dimension

requirement that has been modified under Subdivision 2, the

penalty for the offence is that which would have applied if the

requirement had not been modified.

Road Traffic (Vehicles) Act 2012

Part 4 Mass, dimension and loading requirements

Division 2 Mass, dimension and loading offences and modification of mass or dimension requirements

s. 31

page 34 [This compilation shows amendments proposed by Bill No. 82-1.]

31. Offences by consignees

(1) A person who is a consignee of goods consigned for road

transport commits an offence if —

(a) the person engages in conduct that results, or is likely to

result, in inducing or rewarding the commission of a

breach of a mass, dimension or loading requirement; and

(b) the person either —

(i) intends the result mentioned in paragraph (a); or

(ii) is negligent or reckless as to whether the result

mentioned in paragraph (a) occurs.

Penalty: a fine of 200 PU.

(2) A consignee of goods is to be taken to have intended the result

mentioned in subsection (1)(a) if —

(a) the conduct concerned relates to a freight container

consigned for road transport, or for transport partly by

road and partly by some other means; and

(b) the person knew or ought reasonably to have known

that —

(i) a container weight declaration for the freight

container was not provided as required under

Part 7; or

(ii) a container weight declaration provided for the

container contained information about the weight

of the container and its contents that was false or

misleading in a material particular.

(3) For the purposes of subsection (2)(b)(ii), information in a

container weight declaration is not false or misleading in a

material particular just because it overstates the weight of the

freight container and its contents.

Subdivision 2 — Modification of mass or dimension requirements

for certain vehicles

32. Terms used

In this Subdivision —

order means an order mentioned in section 34(1)(a) by which a

mass or dimension requirement is modified;

permit means a permit mentioned in section 34(1)(b) by which a

mass or dimension requirement is modified;

Road Traffic (Vehicles) Act 2012

Mass, dimension and loading requirements Part 4

Mass, dimension and loading offences and modification of mass or dimension requirements

Division 2

s. 33

page 35 [This compilation shows amendments proposed by Bill No. 82-1.]

vehicle means a vehicle of a class prescribed for the purposes of

this definition.

33. Modification of mass or dimension requirements for

prescribed vehicles

(1) The Commissioner of Main Roads may modify a mass or

dimension requirement that applies to —

(a) a vehicle; or

(b) the load of a vehicle; or

(c) a vehicle and its load.

(2) A modification of a mass requirement may impose a higher

maximum mass than that permitted under the requirement but

the higher maximum mass must not exceed the GCM, the GVM

or any other mass limit specified by the manufacturer.

(3) A modification of a dimension requirement may impose a

higher maximum width, height or length than that permitted

under the requirement.

(4) The Commissioner of Main Roads is not to modify a mass or

dimension requirement that applies to a vehicle that is also a

heavy vehicle of a prescribed class or its load unless on or

before the day on which the modification takes effect there is a

person who is accredited under Division 4 in relation to the

vehicle.

(5) The Minister may declare, in writing in accordance with the

regulations, that subsection (4) does not apply to a vehicle, or

vehicles of a class, specified by the Minister in the declaration.

(6) A modification of a mass or dimension requirement has effect

for the term specified in the order or permit.

34. Order or permit for modification

(1) A modification of a mass or dimension requirement —

(a) if made on the volition of the Commissioner of Main

Roads, is to be by order published in the Gazette; or

(b) if made on the application of a person, is to be by permit

issued to the applicant.

(2) The driver of a vehicle in respect of which, or in respect of the

load of which, a mass or dimension requirement has been

modified under a permit —

Road Traffic (Vehicles) Act 2012

Part 4 Mass, dimension and loading requirements

Division 2 Mass, dimension and loading offences and modification of mass or dimension requirements

s. 35

page 36 [This compilation shows amendments proposed by Bill No. 82-1.]

(a) must carry in the vehicle a copy of the permit; and

(b) must produce a copy of the permit if directed by a police

officer to do so.

Penalty: a fine of 20 PU.

35. Application of modified mass or dimension requirement

(1) An order or permit may specify that a modified mass or

dimension requirement applies or does not apply —

(a) to a specified vehicle or to each vehicle of a specified

class; or

(b) on a specified road; or

(c) in a specified part of the State; or

(d) if a specified requirement is complied with; or

(e) in other specified circumstances.

(2) In subsection (1) —

specified means specified in the order or permit.

(3) The regulations may prescribe matters that are to be taken to

apply, or to not apply to —

(a) all orders or orders of a class specified in the

regulations; or

(b) all permits or permits of a class specified in the

regulations.

36. Compliance with orders, permits

(1) A person connected with a vehicle in respect of which, or in

respect of the load of which, a mass or dimension requirement

has been modified under an order or permit must comply with

each provision of the order or permit.

Penalty:

(a) for failure to comply with a provision of an order or

permit about a road on which the vehicle can or

cannot be driven, the penalty is that which would

have applied to an offence under section 29(1) if the

mass or dimension requirement had not been

modified;

(b) for failure to comply with any other provision of an

order or permit, a fine of 100 PU, but the minimum

penalty is a fine of 12 PU.

Road Traffic (Vehicles) Act 2012

Mass, dimension and loading requirements Part 4

Access restrictions on certain vehicles that comply with mass or dimension requirements

Division 3

s. 37

page 37 [This compilation shows amendments proposed by Bill No. 82-1.]

(2) A person who is convicted of an offence under section 29(1)

involving a failure to comply with a mass or dimension

requirement that has been modified under an order or permit

cannot also be convicted of an offence under subsection (1) that

arose out of a failure to comply with a provision of the order or

permit.

37. Regulations about modifying mass or dimension

requirements

The regulations may provide for —

(a) applications for mass or dimension requirements to be

modified; and

(b) the submission of information and documentation in

support of applications; and

(c) the grounds for modifying mass or dimension

requirements; and

(d) the matters to be taken into account by the

Commissioner of Main Roads when deciding an

application to modify a mass requirement in relation to

the transportation of grain to a bulk handler, including

any matters that a bulk handler requires a transporter of

grain to comply with as part of the bulk handler’s

business practices; and

(e) the content of orders and permits; and

(f) applications for, and other matters relating to, the

variation of the modification of a mass or dimension

requirement; and

(g) the suspension or cancellation of a modification of a

mass or dimension requirement; and

(h) fees for applications mentioned in paragraphs (a)

and (f).

Division 3 — Access restrictions on certain vehicles that comply

with mass or dimension requirements

38. Terms used

In this Division —

access approval means an approval given by the Commissioner

of Main Roads under section 40;

Road Traffic (Vehicles) Act 2012

Part 4 Mass, dimension and loading requirements

Division 3 Access restrictions on certain vehicles that comply with mass or dimension requirements

s. 39

page 38 [This compilation shows amendments proposed by Bill No. 82-1.]

complying restricted access vehicle means a vehicle that —

(a) conforms with each mass or dimension requirement

applying to the vehicle or its load or to the vehicle and

its load; and

(b) is prescribed as a vehicle that cannot be on a road

without an access approval;

order means an order mentioned in section 41(1)(a) by which an

access approval is given;

permit means a permit mentioned in section 41(1)(b) by which

an access approval is given;

road includes part of a road.

39. Restriction on access of complying restricted access vehicles

to certain roads

(1) A person connected with a complying restricted access vehicle

commits an offence if the vehicle is on a road without an access

approval for the vehicle to be on the road.

Penalty: a fine of 100 PU, but the minimum penalty is a fine

of 20 PU.

(2) In a prosecution for an offence under subsection (1) the person

charged has the benefit of the reasonable steps defence.

(3) A person connected with a complying restricted access vehicle

must comply with an order or permit relating to the vehicle.

Penalty: a fine of 100 PU, but the minimum penalty is a fine

of 12 PU.

40. Access approvals

(1) The Commissioner of Main Roads may give an access approval

for a complying restricted access vehicle to be on a road.

(2) The Commissioner of Main Roads is not to give an access

approval for a complying restricted access vehicle that is also a

heavy vehicle of a prescribed class or its load unless on or

before the day on which the access approval takes effect there is

a person who is accredited under Division 4 in relation to the

vehicle.

(3) The Minister may declare, in writing in accordance with the

regulations, that subsection (2) does not apply to a vehicle, or

vehicles of a class, specified by the Minister in the declaration.

Road Traffic (Vehicles) Act 2012

Mass, dimension and loading requirements Part 4

Access restrictions on certain vehicles that comply with mass or dimension requirements

Division 3

s. 41

page 39 [This compilation shows amendments proposed by Bill No. 82-1.]

(4) An access approval has effect for the term specified in the order

or permit.

41. Order or permit for access approval

(1) An access approval —

(a) if given on the volition of the Commissioner of Main

Roads, is to be by order published in the Gazette; or

(b) if given on the application of a person, is to be by permit

issued to the applicant.

(2) The driver of a vehicle in respect of which an access approval

has been given under a permit —

(a) must carry in the vehicle a copy of the permit; and

(b) must produce a copy of the permit if directed by a police

officer to do so.

Penalty: a fine of 20 PU.

42. Application of access approvals

(1) An order or permit may specify that an access approval applies

or does not apply —

(a) to a specified complying restricted access vehicle or to

each complying restricted access vehicle of a specified

class; or

(b) to a specified road or each specified road; or

(c) at a specified time or during specified periods; or

(d) if a specified requirement is complied with; or

(e) in other specified circumstances.

(2) In subsection (1) —

specified means specified in the order or permit.

(3) The regulations may prescribe matters that are to be taken to

apply, or to not apply to —

(a) all orders or orders of a class specified in the

regulations; or

(b) all permits or permits of a class specified in the

regulations.

43. Regulations about giving access approvals

The regulations may provide for —

(a) applications for access approvals to be given; and

Road Traffic (Vehicles) Act 2012

Part 4 Mass, dimension and loading requirements

Division 4 Accreditation

s. 44

page 40 [This compilation shows amendments proposed by Bill No. 82-1.]

(b) the submission of information and documentation in

support of applications; and

(c) the grounds for giving access approvals; and

(d) the content of orders and permits; and

(e) applications for, and other matters relating to, the

variation of an access approval; and

(f) the suspension or cancellation of an access approval;

and

(g) fees for applications mentioned in paragraphs (a)

and (e).

Division 4 — Accreditation

44. Accreditation of persons in relation to certain heavy vehicles

(1) The regulations are to provide for the accreditation of persons

by the Commissioner of Main Roads for the purposes of

sections 33(4) and 40(2).

(2) A person cannot be accredited in relation to a vehicle unless the

person —

(a) controls or directs the operation of the vehicle; or

(b) is of a prescribed class of person in relation to the

vehicle.

(3) A person mentioned in subsection (2)(a) or (b) may, but need

not, be a person connected with the vehicle.

(4) A person is not to be accredited under the regulations unless the

Commissioner of Main Roads is satisfied that the person has in

place systems that, to the extent that is reasonably practicable in

the circumstances —

(a) comply with prescribed standards about ensuring and

demonstrating compliance with mass, dimension or

loading requirements; and

(b) ensure and demonstrate compliance with provisions of

this Act about standards of vehicles mentioned in

subsection (2); and

(c) ensure and demonstrate compliance with any written

law that is relevant to the driving or operation of

vehicles mentioned in section 33(4) or 40(2).

Road Traffic (Vehicles) Act 2012

Mass, dimension and loading requirements Part 4

Accreditation Division 4

s. 45

page 41 [This compilation shows amendments proposed by Bill No. 82-1.]

45. Regulations about accreditation

The regulations may provide for —

(a) applications for persons to be accredited; and

(b) the submission of information and documentation in

support of applications; and

(c) the form and content of accreditation documentation,

including the issue of certificates; and

(d) the duration of accreditation; and

(e) the action to be taken by or on behalf of an accredited

person so as to continue to be accredited including —

(i) providing the Commissioner of Main Roads

with, or allowing the Commissioner of Main

Roads access to, information and

documentation —

(I) that is in an accredited person’s

possession and is relevant to whether

the person should continue to be

accredited; or

(II) that is required to be held or kept under

a written law about drivers or operators

of vehicles mentioned in section 33(4)

or 40(2);

and

(ii) conducting internal reviews or independent

auditing of management systems; and

(iii) training drivers or operators of vehicles

mentioned in section 33(4) or 40(2) and

personnel involved in management systems;

and

(f) the keeping and production of records; and

(g) the qualifications, knowledge or experience to be

attained and maintained by persons who conduct

internal reviews or independent auditing of management

systems; and

(h) applications for, and other matters relating to, the

renewal or variation of accreditation; and

(i) the suspension or cancellation of accreditation if action

required to be taken by or on behalf of an accredited

person is not taken or a person is no longer fit to be

accredited; and

Road Traffic (Vehicles) Act 2012

Part 4 Mass, dimension and loading requirements

Division 4 Accreditation

s. 46

page 42 [This compilation shows amendments proposed by Bill No. 82-1.]

(j) fees for applications mentioned in paragraphs (a)

and (h).

46. Effect of suspension or cancellation of accreditation on

modification or access approval

(1) If —

(a) section 33(4) or 40(2) requires a person to be accredited

for a mass or dimension requirement to be modified or

for an access approval to be given; and

(b) the accreditation is subsequently cancelled under the

regulations,

the modification or approval is of no effect on and from the day

of the cancellation of the accreditation.

(2) If —

(a) section 33(4) or 40(2) requires a person to be accredited

for a mass or dimension requirement to be modified or

for an access approval to be given; and

(b) the accreditation is subsequently suspended under the

regulations,

the modification or approval is of no effect for the period of the

suspension.

(3) If a mass or dimension requirement has been modified, or an

access approval has been given, under an order and no longer

has effect because of subsection (1) or (2), the Commissioner of

Main Roads is to publish in the Gazette notice of the effect of

the suspension or cancellation of the accreditation.

(4) If a mass or dimension requirement has been modified, or an

access approval has been given, under a permit and no longer

has effect because of subsection (1) or (2), the Commissioner of

Main Roads is to give the person who applied for the permit or

access approval written notice of the effect of the suspension or

cancellation of the accreditation.

Road Traffic (Vehicles) Act 2012

Categories of breach of mass, dimension or loading requirements

Part 5

The categories of breach Division 1

s. 47

page 43 [This compilation shows amendments proposed by Bill No. 82-1.]

Part 5 — Categories of breach of mass, dimension or

loading requirements

Division 1 — The categories of breach

47. Categories of breach

For the purposes of this Act, a breach of a mass, dimension or

loading requirement is categorised as —

(a) a minor risk breach; or

(b) a substantial risk breach; or

(c) a severe risk breach.

Division 2 — Mass requirements: categories of breach

48. Mass requirements: minor risk breaches

(1) A breach of a mass requirement that relates to the GVM of a

vehicle is a minor risk breach if the extent of the breach is less

than the greater of —

(a) the amount of the maximum mass permitted under the

requirement, plus 5% of that amount, rounded up to the

nearest 0.1 t; or

(b) 0.5 t.

(2) A breach of any other kind of mass requirement is a minor risk

breach if the extent of the breach is less than the amount of the

maximum mass permitted under the requirement, plus 5% of

that amount, rounded up to the nearest 0.1 t.

49. Mass requirements: substantial risk breaches

A breach of a mass requirement is a substantial risk breach if

the extent of the breach is —

(a) equal to or greater than the limit set out in section 48(1)

or (2) as is applicable in the case; and

(b) less than the amount of the maximum mass permitted

under the requirement, plus 20% of that amount,

rounded up to the nearest 0.1 t.

50. Mass requirements: severe risk breaches

A breach of a mass requirement is a severe risk breach if the

extent of the breach is equal to or greater than the amount of the

Road Traffic (Vehicles) Act 2012

Part 5 Categories of breach of mass, dimension or loading requirements

Division 3 Dimension requirements: categories of breach

s. 51

page 44 [This compilation shows amendments proposed by Bill No. 82-1.]

maximum mass permitted under the requirement, plus 20% of

that amount, rounded up to the nearest 0.1 t.

Division 3 — Dimension requirements: categories of breach

51. Terms used

In this Division —

dangerous projection requirement means a prescribed

requirement to the effect that a load on a vehicle must not

project in a way that is dangerous to a person or property, even

if all applicable dimension requirements and warning

requirements are complied with at the relevant time;

warning requirement means a prescribed requirement that

relates to warning signals for a load.

52. Dimension requirements: minor risk breaches

A breach of a dimension requirement is a minor risk breach if

the extent of the breach —

(a) in the case of the width of a vehicle or a vehicle and its

load, is less than 100 mm over the maximum width

permitted under the requirement; and

(b) in the case of the height of a vehicle or a vehicle and its

load, is less than 150 mm over the maximum height

permitted under the requirement; and

(c) in the case of the length of a vehicle or a vehicle and its

load, is less than 350 mm over the maximum length

permitted under the requirement.

53. Dimension requirements: substantial risk breaches

(1) A breach of a dimension requirement is a substantial risk breach

if the extent of the breach —

(a) in the case of the width of a vehicle or a vehicle and its

load, is at least 100 mm but less than 150 mm over the

maximum width permitted under the requirement; and

(b) in the case of the height of a vehicle or a vehicle and its

load, is at least 150 mm but less than 300 mm over the

maximum height permitted under the requirement; and

(c) in the case of the length of a vehicle or a vehicle and its

load, is at least 350 mm but less than 600 mm over the

maximum length permitted under the requirement.

Road Traffic (Vehicles) Act 2012

Categories of breach of mass, dimension or loading requirements

Part 5

Dimension requirements: categories of breach Division 3

s. 54

page 45 [This compilation shows amendments proposed by Bill No. 82-1.]

(2) A breach of a dimension requirement that would otherwise be a

minor risk breach under section 52(a) is a substantial risk breach

if the breach is committed —

(a) at night; or

(b) in weather conditions causing reduced visibility.

(3) A breach of a dimension requirement that would otherwise be a

minor risk breach under section 52(c) is a substantial risk breach

if an applicable warning requirement is not being complied with

at the time of the breach.

(4) A breach of a dimension requirement that would otherwise be a

minor risk breach under section 52(a), (b) or (c) is a substantial

risk breach if an applicable dangerous projection requirement is

not being complied with at the time of the breach.

54. Dimension requirements: severe risk breaches

(1) A breach of a dimension requirement is a severe risk breach if

the extent of the breach —

(a) in the case of the width of a vehicle or a vehicle and its

load, is 150 mm or more over the maximum width

permitted under the requirement; and

(b) in the case of the height of a vehicle or a vehicle and its

load, is 300 mm or more over the maximum height

permitted under the requirement; and

(c) in the case of the length of a vehicle or a vehicle and its

load, is 600 mm or more over the maximum length

permitted under the requirement.

(2) A breach of a dimension requirement that would otherwise be a

substantial risk breach under section 53(1)(a) is a severe risk

breach if the breach is committed —

(a) at night; or

(b) in weather conditions causing reduced visibility.

(3) A breach of a dimension requirement that would otherwise be a

substantial risk breach under section 53(1)(c) is a severe risk

breach if an applicable warning requirement is not being

complied with at the time of the breach.

(4) A breach of a dimension requirement that would otherwise be a

substantial risk breach under section 53(1)(a), (b) or (c) is a

severe risk breach if an applicable dangerous projection

Road Traffic (Vehicles) Act 2012

Part 5 Categories of breach of mass, dimension or loading requirements

Division 4 Loading requirements: categories of breach

s. 55

page 46 [This compilation shows amendments proposed by Bill No. 82-1.]

requirement is not being complied with at the time of the

breach.

55. Dangerous projections

(1) A breach of a dangerous projection requirement in the case

where there is no breach of a dimension requirement or a

warning requirement, is to be taken to be a minor risk breach of

a dimension requirement if the breach is not committed —

(a) at night; or

(b) in weather conditions causing reduced visibility.

(2) A breach of a dangerous projection requirement in the case

where there is no breach of a dimension requirement or a

warning requirement, is to be taken to be a substantial risk

breach of a dimension requirement if the breach is

committed —

(a) at night; or

(b) in weather conditions causing reduced visibility.

Division 4 — Loading requirements: categories of breach

56. Determining whether breach of loading requirement gives

rise to certain risks

For the purposes of this Division, in determining whether or not

a breach of a loading requirement gives rise to an appreciable

risk of harm to public safety, the environment, road

infrastructure or public amenity, regard is to be had to —

(a) the nature and extent of the breach; and

(b) the consequences or potential consequences of the

breach; and

(c) any other relevant factors.

57. When a load’s becoming displaced or unsecured is imminent

(1) For the purposes of this Division, a load’s becoming displaced

or unsecured is imminent if, in the opinion of the police officer

or court concerned, the load is likely to become displaced or

unsecured during the journey that is being, or is about to be,

undertaken by which the load is being or is to be transported,

having regard to —

(a) the nature and condition of the vehicle; and

Road Traffic (Vehicles) Act 2012

Categories of breach of mass, dimension or loading requirements

Part 5

Loading requirements: categories of breach Division 4

s. 58

page 47 [This compilation shows amendments proposed by Bill No. 82-1.]

(b) the nature, condition, placement and securing of the

load; and

(c) the length of the journey; and

(d) the nature and condition of the route of the journey; and

(e) any other relevant factors.

(2) For the purposes of this Division, the disembarkation of persons

from, or the movement of persons on, a vehicle does not

constitute displacement or unsecuring of the vehicle’s load.

58. Loading requirements: minor risk breaches

A breach of a loading requirement is a minor risk breach if —

(a) the load concerned has not become displaced or

unsecured; and

(b) the load’s becoming displaced or unsecured is not

imminent; and

(c) in the opinion of the police officer or court concerned,

the load’s becoming displaced or unsecured would not

give rise to an appreciable risk of harm to public safety,

the environment, road infrastructure or public amenity.

59. Loading requirements: substantial risk breaches

(1) A breach of a loading requirement is a substantial risk breach

if —

(a) the load concerned has become displaced or unsecured;

or

(b) the load’s becoming displaced or unsecured is imminent,

but, in the opinion of the police officer or court concerned, the

load’s becoming displaced or unsecured does not or would not

give rise to an appreciable risk of harm to public safety, the

environment, road infrastructure or public amenity.

(2) A breach of a loading requirement is a substantial risk breach

if —

(a) the load concerned has not become displaced or

unsecured; or

(b) the load’s becoming displaced or unsecured is not

imminent,

but, in the opinion of the police officer or court concerned, the

load’s becoming displaced or unsecured is likely to occur,

Road Traffic (Vehicles) Act 2012

Part 5 Categories of breach of mass, dimension or loading requirements

Division 4 Loading requirements: categories of breach

s. 60

page 48 [This compilation shows amendments proposed by Bill No. 82-1.]

although not imminently, and would give rise to an appreciable

risk of harm to public safety, the environment, road

infrastructure or public amenity.

60. Loading requirements: severe risk breaches

A breach of a loading requirement is a severe risk breach if —

(a) the load concerned has become displaced or unsecured;

or

(b) the load’s becoming displaced or unsecured is imminent,

and, in the opinion of the police officer or court concerned, the

load’s becoming displaced or unsecured gives rise to an

appreciable risk of harm to public safety, the environment, road

infrastructure or public amenity.

Road Traffic (Vehicles) Act 2012

Directions as to MDLR breaches, defect notices and improvement notices

Part 6

General Division 1

s. 61

page 49 [This compilation shows amendments proposed by Bill No. 82-1.]

Part 6 — Directions as to MDLR breaches, defect

notices and improvement notices

Division 1 — General

61. Application of Part in relation to other directions

This Part applies to a person regardless of whether or not the

person is, has been or becomes the subject of a direction under

the Road Traffic (Administration) Act 2008 Part 4.

Division 2 — Rectification of breaches of mass, dimension or

loading requirements

62. Term used: rectification action

In this Division —

rectification action, in relation to a vehicle that a police officer

reasonably believes is involved in the commission of a minor

risk breach, a substantial risk breach or a severe risk breach of a

mass, dimension or loading requirement means action that —

(a) stops the vehicle being involved in the commission of

the breach; or

(b) renders the vehicle unlikely to be involved in the

commission of a further and imminent breach of a

similar kind.

63. Minor risk breaches

(1) A police officer may give a direction under subsection (2) or (3)

if the officer reasonably believes that a vehicle is involved in the

commission of a minor risk breach, but not a substantial risk

breach or a severe risk breach, of a mass, dimension or loading

requirement and that —

(a) in the circumstances —

(i) it is reasonable to take rectification action in

relation to the vehicle; and

(ii) the rectification action can be carried out easily;

or

(b) rectification action is necessary in the public interest to

minimise the potential risk of harm to public safety, the

environment, road infrastructure or public amenity

arising from the breach; or

Road Traffic (Vehicles) Act 2012

Part 6 Directions as to MDLR breaches, defect notices and improvement notices

Division 2 Rectification of breaches of mass, dimension or loading requirements

s. 64

page 50 [This compilation shows amendments proposed by Bill No. 82-1.]

(c) other circumstances justify the giving of the direction.

(2) A police officer to whom subsection (1) applies may, having

specified the alleged minor risk breach, direct the driver or a

co-driver of, or a responsible person for, the vehicle to there and

then take rectification action in relation to the vehicle.

(3) A police officer to whom subsection (1) applies and who also

reasonably believes that the vehicle should be moved to another

location may, having specified the alleged minor risk breach,

direct the driver or a co-driver of, or a responsible person for,

the vehicle —

(a) to move the vehicle or cause it to be moved to a location

specified by the officer that the officer reasonably

believes is suitable for the purpose of complying with

the direction, having regard to any matters the officer

considers relevant in the circumstances and —

(i) that is within a distance of 30 km from the

location of the vehicle when the direction is

given; or

(ii) if the direction is given in the course of a journey

of the vehicle, that is along the forward route of

the journey;

and

(b) to ensure that the vehicle remains at the specified

location until rectification action is taken in relation

to it.

64. Substantial risk breaches

(1) A police officer must give a direction under subsection (2) if the

officer reasonably believes that a vehicle is involved in the

commission of a substantial risk breach, but not a severe risk

breach, of a mass, dimension or loading requirement and that —

(a) moving the vehicle to another location is necessary in

the public interest to minimise the potential risk of harm

to public safety, the environment, road infrastructure or

public amenity arising from the breach; or

(b) specific instructions or standing instructions have been

given by the CEO that require the moving of the vehicle

in the relevant circumstances; or

(c) other circumstances justify the moving of the vehicle to

another location.

Road Traffic (Vehicles) Act 2012

Directions as to MDLR breaches, defect notices and improvement notices

Part 6

Rectification of breaches of mass, dimension or loading requirements

Division 2

s. 65

page 51 [This compilation shows amendments proposed by Bill No. 82-1.]

(2) A police officer to whom subsection (1) applies must, having

specified the alleged substantial risk breach, direct the driver or

a co-driver of, or a responsible person for, the vehicle —

(a) to move the vehicle or cause it to be moved to a location

specified by the officer that the officer reasonably

believes is suitable for the purpose of complying with

the direction, having regard to any matters the officer

considers relevant in the circumstances; and

(b) to ensure that the vehicle remains at the specified

location until rectification action is taken in relation

to it.

(3) A location specified under subsection (2) may, but need not,

be —

(a) the intended destination of the journey concerned; or

(b) the base of the driver of the vehicle concerned.

(4) A police officer must give a direction under subsection (5) if the

officer reasonably believes that a vehicle is involved in the

commission of a substantial risk breach, but not a severe risk

breach, of a mass, dimension or loading requirement and does

not have a reasonable belief in relation to a matter mentioned in

subsection (1)(a), (b) or (c).

(5) A police officer to whom subsection (4) applies must, having

specified the alleged substantial risk breach, direct the driver or

a co-driver of, or a responsible person for, the vehicle to ensure

that the vehicle remains at the location where the direction is

given until rectification action is taken in relation to it.

65. Severe risk breaches

(1) A police officer must give a direction under subsection (3) if the

officer reasonably believes that a vehicle is involved in the

commission of a severe risk breach of a mass, dimension or

loading requirement and that —

(a) moving the vehicle to another location is justified in the

circumstances because —

(i) there is a risk to the welfare of people or live

animals in or on the vehicle; or

Road Traffic (Vehicles) Act 2012

Part 6 Directions as to MDLR breaches, defect notices and improvement notices

Division 2 Rectification of breaches of mass, dimension or loading requirements

s. 65

page 52 [This compilation shows amendments proposed by Bill No. 82-1.]

(ii) there is an appreciable risk of harm to public

safety, the environment, road infrastructure or

public amenity;

or

(b) specific instructions or standing instructions have been

given by the CEO that require the moving of the vehicle

in the relevant circumstances.

(2) In deciding whether there is an appreciable risk of harm to

public safety, the environment, road infrastructure or public

amenity the police officer may take into account the safety of

the vehicle or any load in or on it but is to give greater weight to

the welfare of people or live animals in or on the vehicle and the

safety of other property or of people, the environment, road

infrastructure or public amenity.

(3) A police officer to whom subsection (1) applies must, having

specified the alleged severe risk breach, direct the driver or a

co-driver of, or a responsible person for, the vehicle —

(a) to move the vehicle or cause it to be moved to a location

specified by the officer at which the officer reasonably

believes the vehicle would pose a reduced risk or no

appreciable risk of harm to public safety, the

environment, road infrastructure or public amenity; and

(b) to ensure that the vehicle remains at the specified

location until rectification action is taken in relation

to it.

(4) A police officer must give a direction under subsection (5) if the

officer reasonably believes that a vehicle is involved in the

commission of a severe risk breach of a mass, dimension or

loading requirement and does not have a reasonable belief in

relation to a matter mentioned in subsection (1)(a) or (b).

(5) A police officer to whom subsection (4) applies must, having

specified the alleged severe risk breach, direct the driver or a

co-driver of, or a responsible person for, the vehicle to ensure

that the vehicle remains at the location where the direction is

given until rectification action is taken in relation to it.

Road Traffic (Vehicles) Act 2012

Directions as to MDLR breaches, defect notices and improvement notices

Part 6

Rectification of breaches of mass, dimension or loading requirements

Division 2

s. 66

page 53 [This compilation shows amendments proposed by Bill No. 82-1.]

66. Directions to be complied with

A person to whom a direction is given under section 63(2)

or (3), 64(2) or (5) or 65(3) or (5) must not, without reasonable

excuse, fail to comply with the direction.

Penalty: a fine of 100 PU.

67. Authorisation to continue journey if only minor risk

breaches

(1) This section applies if, in the course of a journey, a vehicle is

involved in the commission of a breach of a mass, dimension or

loading requirement and the continuation of the journey would

involve the continuation of or a further breach of a mass,

dimension or loading requirement.

(2) A police officer may authorise the continuation of the journey

if —

(a) the officer reasonably believes that the continuation

would not involve the commission of a substantial risk

breach or a severe risk breach of a mass, dimension or

loading requirement; and

(b) any direction given to take rectification action in relation

to the vehicle has been complied with.

68. Operation of directions in relation to detachable vehicles

A direction given under section 63(2) or (3), 64(2) or (5)

or 65(3) or (5) in relation to a vehicle to which is attached

another vehicle does not apply to the attached vehicle unless —

(a) the direction —

(i) requires rectification action to be taken in

relation to the attached vehicle; or

(ii) prevents the attached vehicle from being

separately driven or moved;

or

(b) moving the attached vehicle when detached would in

itself involve the contravention of a road law.

69. Directions and authorisations to be in writing

(1) A direction under section 63(2) or (3), 64(2) or (5) or 65(3)

or (5) and an authorisation under section 67(2) is to be in

writing.

Road Traffic (Vehicles) Act 2012

Part 6 Directions as to MDLR breaches, defect notices and improvement notices

Division 3 Defect notices

s. 70

page 54 [This compilation shows amendments proposed by Bill No. 82-1.]

(2) Subsection (1) does not apply —

(a) in the case of a direction to move a vehicle, if the

moving is carried out in the presence of, or under the

supervision of, a police officer; or

(b) in prescribed circumstances.

Division 3 — Defect notices

70. Terms used

In this Division —

defect, in relation to a vehicle, means a respect in which the

vehicle does not comply with a requirement under a regulation

made under section 132(2)(b)(i), (ii), (iii), (iv) or (vii) that

applies to the vehicle;

defect notice means a notice mentioned in section 71(1);

inspection station means premises at which vehicles are

examined and tested for the purposes of this Act and that are

operated by —

(a) the CEO; or

(b) a person authorised by the CEO to establish such

premises;

vehicle examiner means —

(a) a public service officer who holds an office, post or

position in the department principally assisting the

Minister in the administration of this Act and whose

principal function is to examine and test vehicles for the

purposes of this Act; or

(b) a person authorised by the CEO as a person to examine

and test vehicles for the purposes of this Act.

71. Notices in relation to vehicle defects

(1) A police officer who reasonably believes that a vehicle has a

defect may issue a notice (a defect notice) for the vehicle

containing a direction that —

(a) the vehicle is not to be driven at all; or

(b) the vehicle is not to be driven except at a time or during

a period specified in the direction; or

(c) the vehicle is not to be driven except by a route,

specified in the direction, to the nearest police station,

Road Traffic (Vehicles) Act 2012

Directions as to MDLR breaches, defect notices and improvement notices

Part 6

Defect notices Division 3

s. 72

page 55 [This compilation shows amendments proposed by Bill No. 82-1.]

inspection station, place where repairs can be carried out

or other suitable place; or

(d) the vehicle is not to be driven except in accordance with

any reasonable condition specified in the direction.

(2) If a police officer issues a defect notice for a vehicle, the police

officer may, where appropriate, give reasonable directions to the

driver or a co-driver of the vehicle about moving the vehicle to

a safer or more convenient place until the vehicle can be

removed from the road or otherwise dealt with in accordance

with the notice.

72. Form and content of defect notices

A defect notice is to —

(a) be in writing in a form approved by the CEO; and

(b) specify the alleged defect; and

(c) set out each direction given under section 71(1) and, if

relevant, section 71(2); and

(d) state when the notice comes into force, being either —

(i) when the notice is issued; or

(ii) a later time.

73. Service of defect notices

(1) A person who issues a defect notice for a vehicle must serve the

notice —

(a) by serving a copy of the defect notice personally on the

driver of the vehicle and affixing, in a conspicuous place

on the vehicle, a sticker in a form approved by the CEO

indicating that a defect notice is in force for the vehicle;

or

(b) by affixing a copy of the defect notice to the vehicle in a

conspicuous place.

(2) While a defect notice is in force, a person must not —

(a) damage or destroy the notice or a copy of it; or

(b) remove from the vehicle a sticker affixed to the vehicle

under subsection (1)(a); or

(c) if a copy of the notice is affixed to the vehicle under

subsection (1)(b), remove the copy from the vehicle

Road Traffic (Vehicles) Act 2012

Part 6 Directions as to MDLR breaches, defect notices and improvement notices

Division 3 Defect notices

s. 74

page 56 [This compilation shows amendments proposed by Bill No. 82-1.]

except for the purpose of ensuring that the notice is

complied with.

Penalty: a fine of 40 PU.

(3) Subsection (2)(b) does not apply to a person who is repairing a

vehicle if —

(a) it is reasonably necessary to remove the sticker in order

to rectify a defect specified in the notice; and

(b) the person re-affixes the undamaged sticker to the

vehicle when the defect has been rectified; and

(c) the vehicle is not driven on a road until the undamaged

sticker has been re-affixed.

74. Duration of defect notice

(1) A defect notice has effect from the time stated in the notice.

(2) A defect notice ceases to have effect when —

(a) a vehicle examiner, or an authorised police officer, finds

that each defect specified in the notice has been

rectified; or

(b) a vehicle examiner issues a further defect notice in

respect of a defect of the vehicle.

(3) In subsection (2) —

authorised police officer, in relation to a defect of a vehicle,

means a police officer, or a police officer of a class, authorised

by the CEO to examine defects of that type.

75. Defect notices and directions to be complied with

(1) If there is affixed to a vehicle —

(a) under section 73(1)(a), a sticker; or

(b) under section 73(1)(b), a copy of a defect notice,

a person must not, without reasonable excuse, drive the vehicle,

or cause or permit the vehicle to be driven, on a road unless the

vehicle is driven in accordance with the applicable defect

notice.

(2) A person does not commit an offence under subsection (1) if the

vehicle is driven solely for the purpose of taking the vehicle

directly from the place where a defect specified in the notice

was rectified to the nearest available vehicle examiner or

inspection station.

Road Traffic (Vehicles) Act 2012

Directions as to MDLR breaches, defect notices and improvement notices

Part 6

Improvement notices Division 4

s. 76

page 57 [This compilation shows amendments proposed by Bill No. 82-1.]

(3) A person to whom a direction is given under section 71(2) must

not, without reasonable excuse, fail to comply with the

direction.

Penalty applicable to subsections (1) and (3): a fine of 50 PU.

76. Powers of vehicle examiners

A vehicle examiner has, in relation to a vehicle submitted for

examination by the owner of the vehicle, the CEO or a police

officer —

(a) all the powers that a police officer has under this

Division; and

(b) all the powers that a police officer has under the Road

Traffic (Administration) Act 2008 in relation to the

exercise of those powers.

Division 4 — Improvement notices

77. Terms used

In this Division —

approved officer means —

(a) a warden nominated by the CEO as an approved officer

for the purposes of this Division; or

(b) a warden of a class of wardens nominated by the CEO

as approved officers for the purposes of this Division; or

(c) a police officer nominated as an approved officer for the

purposes of this Division by —

(i) the Commissioner of Police; or

(ii) a police officer authorised by the Commissioner

to make nominations for the purposes of this

definition;

or

(d) a police officer of a class of police officers nominated as

approved officers for the purposes of this Division by —

(i) the Commissioner of Police; or

(ii) a police officer authorised by the Commissioner

to make nominations for the purposes of this

definition;

improvement notice means a notice mentioned in section 78(1)

or (2);

Road Traffic (Vehicles) Act 2012

Part 6 Directions as to MDLR breaches, defect notices and improvement notices

Division 4 Improvement notices

s. 78

page 58 [This compilation shows amendments proposed by Bill No. 82-1.]

warden means a person authorised under the Road Traffic

(Administration) Act 2008 section 22 to perform a function that

can be performed by a warden.

78. Improvement notices

(1) An approved officer who reasonably believes that a person is

involved in the commission of a breach of a mass, dimension or

loading requirement in the course of a commercial operation

may give the person a notice requiring the person to take action

that —

(a) stops the person being involved in the commission of

the breach; or

(b) renders the person unlikely to be involved in the

commission of a further breach of a similar kind.

(2) An approved officer who reasonably believes that a person is

likely to become involved in the commission of a breach of a

mass, dimension or loading requirement in the course of a

commercial operation may give the person a notice requiring the

person to take action that renders the person unlikely to become

involved in the commission of the breach.

(3) Before an approved officer gives a person an improvement

notice the person is to be given the opportunity to discuss with a

consulting officer, by telephone or any other means of instant

communication —

(a) whether or not the notice should be given in the

circumstances; or

(b) the appropriateness or otherwise of the proposed

requirements of the notice.

(4) In subsection (3) —

consulting officer

(a) in the case where an approved officer under

paragraph (a) or (b) of the definition of approved officer

in section 77 proposes to give the notice, means a person

authorised by the CEO to be a consulting officer; or

(b) in the case where an approved officer under

paragraph (c) or (d) of the definition of approved officer

in section 77 proposes to give the notice, means a person

authorised by the Commissioner of Police to be a

consulting officer.

Road Traffic (Vehicles) Act 2012

Directions as to MDLR breaches, defect notices and improvement notices

Part 6

Improvement notices Division 4

s. 79

page 59 [This compilation shows amendments proposed by Bill No. 82-1.]

(5) Failure to comply with subsection (3) does not affect the

validity of the improvement notice.

79. Form and content of improvement notices

An improvement notice must —

(a) be in writing; and

(b) state that it is given under section 78(1) or (2), as is

applicable in the case; and

(c) state that the approved officer is of the belief mentioned

in section 78(1) or (2), as is applicable in the case; and

(d) state the grounds for the belief; and

(e) specify the mass, dimension or loading requirement in

respect of which the belief is held; and

(f) specify the action to be taken that the approved officer

believes would —

(i) stop the person given the notice being involved

in the commission of the breach; or

(ii) render the person unlikely to be involved in the

commission of a further breach of a similar kind;

and

(g) state the time before which the person is required to

comply with the notice which —

(i) may be less than 7 days after service of the

notice if the approved officer is satisfied that it is

reasonably practicable for the person to comply

with the notice by the end of that time; or

(ii) must be at least 7 days after service of the notice

if subparagraph (i) does not apply;

and

(h) include information about obtaining a review of the

notice.

80. Improvement notice to be complied with

(1) A person who is given an improvement notice must not, without

reasonable excuse, fail to comply with the notice.

Penalty: a fine of 200 PU.

(2) In a prosecution for an offence under subsection (1) it is a

defence for the person charged to prove that, by the time stated

Road Traffic (Vehicles) Act 2012

Part 6 Directions as to MDLR breaches, defect notices and improvement notices

Division 4 Improvement notices

s. 81

page 60 [This compilation shows amendments proposed by Bill No. 82-1.]

in the improvement notice for compliance with the notice,

action had been taken that —

(a) stopped the person being involved in the commission of

the breach; or

(b) rendered the person unlikely to be involved in the

commission of a further breach of a similar kind; or

(c) rendered the person unlikely to become involved in the

commission of the breach,

as is applicable in the case, even though the action was different

from that specified in the notice.

81. Amendment of improvement notices

(1) An improvement notice given by an approved officer who is a

warden may be amended by another approved officer who is a

warden.

(2) An improvement notice given by an approved officer who is a

police officer may be amended by another approved officer who

is a police officer.

(3) An improvement notice cannot be amended in relation to a

mass, dimension or loading requirement that is not the subject

of the improvement notice.

(4) An amendment of an improvement notice is made by giving

notice of the amendment to the person who was given the

improvement notice.

(5) Notice of an amendment of an improvement notice must —

(a) be in writing; and

(b) state that it is given under this section; and

(c) state the terms of the amendment; and

(d) state the reasons for the amendment; and

(e) include information about obtaining a review of the

notice.

82. Cancellation of improvement notices

(1) An improvement notice given by an approved officer who is a

warden may be cancelled by the CEO.

Road Traffic (Vehicles) Act 2012

Directions as to MDLR breaches, defect notices and improvement notices

Part 6

Improvement notices Division 4

s. 83

page 61 [This compilation shows amendments proposed by Bill No. 82-1.]

(2) An improvement notice given by an approved officer who is a

police officer may be cancelled by —

(a) the Commissioner of Police; or

(b) an approved officer who is a police officer and who is

senior in rank to the officer who gave the notice.

(3) Notice of cancellation of an improvement notice must be in

writing and given to the person who was given the improvement

notice.

(4) The regulations may make provision for or with respect to

determining the seniority in rank of officers for the purposes of

this section.

83. Clearance certificates

(1) An approved officer may issue a clearance certificate to the

effect that all or any specified requirements of an improvement

notice have been complied with.

(2) An approved officer may issue a clearance certificate in respect

of an improvement notice given by another approved officer

whether the other approved officer is a police officer or a

warden.

(3) A clearance certificate to the effect that all requirements of an

improvement notice have been complied with is conclusive

evidence of compliance with all the requirements.

(4) A clearance certificate to the effect that a specific requirement

of an improvement notice has been complied with is conclusive

evidence of compliance with that requirement.

Road Traffic (Vehicles) Act 2012

Part 7 Container weight declarations

Division 1 Obligations in relation to container weight declarations

s. 84

page 62 [This compilation shows amendments proposed by Bill No. 82-1.]

Part 7 — Container weight declarations

Division 1 — Obligations in relation to container

weight declarations

84. Terms used

In this Division —

complying container weight declaration means a container

weight declaration for a consigned freight container —

(a) that sets out —

(i) the number and such other particulars of the

consigned freight container as are necessary to

identify the container; and

(ii) the name and home address, and in the case of an

individual the business address, in Australia of

the responsible entity for the consigned freight

container; and

(iii) the date of the declaration; and

(iv) any other information required by the

regulations;

and

(b) the contents of which declaration are readily available to

a police officer who seeks to ascertain its contents, there

and then in the presence of the consigned freight

container, whether by examining documents located in

or on the vehicle or by obtaining the information by

other means; and

(c) in a form that complies with prescribed requirements;

consigned freight container means a freight container that is

consigned for road transport, or for transport partly by road and

partly by some other means;

container weight declaration, in relation to a consigned freight

container, means a declaration that states or purports to state the

weight of the container and its contents and includes a copy or a

version of such a declaration in any form.

85. Form of container weight declaration

A container weight declaration may be —

(a) in one or more documents or other formats, including in

electronic form; or

Road Traffic (Vehicles) Act 2012

Container weight declarations Part 7

Obligations in relation to container weight declarations Division 1

s. 86

page 63 [This compilation shows amendments proposed by Bill No. 82-1.]

(b) wholly or partly in a placard attached or affixed to the

consigned freight container; or

(c) in a form that complies with prescribed requirements.

86. Duty of responsible entity

(1) A responsible entity who offers a consigned freight container to

a responsible person for a vehicle for transport in this State by

the vehicle must ensure that, before the start of the transport of

the container in this State —

(a) the responsible person is provided with a complying

container weight declaration relating to the container; or

(b) the driver or a co-driver of the vehicle is provided with a

complying container weight declaration relating to the

container.

Penalty: a fine of 50 PU.

(2) In a prosecution for an offence under subsection (1) the person

charged has the benefit of the reasonable steps defence.

87. Duty of responsible person

(1) A responsible person for a vehicle who arranges for a consigned

freight container to be transported in this State by the vehicle

must ensure that, before the start of the journey in the course of

the transport of the container in this State, the driver or a

co-driver of the vehicle is provided with a complying container

weight declaration relating to the container.

(2) A responsible person for a vehicle who arranges for a consigned

freight container to be transported in this State by the vehicle

and another road or rail carrier must ensure that, by the time the

other carrier receives the container, the other carrier is provided

with a complying container weight declaration relating to the

container.

Penalty applicable to subsections (1) and (2): a fine of 50 PU.

(3) A responsible person for a vehicle is to be taken to have

committed an offence under subsection (1) if neither the driver

nor any co-driver has a complying container weight declaration

relating to the consigned freight container unless the responsible

person proves that the driver or a co-driver was provided with

the declaration.

(4) In a prosecution for an offence under subsection (1) or (2) the

person charged has the benefit of the reasonable steps defence.

Road Traffic (Vehicles) Act 2012

Part 7 Container weight declarations

Division 2 Recovery of losses resulting from not providing accurate container weight declarations

s. 88

page 64 [This compilation shows amendments proposed by Bill No. 82-1.]

88. Duty of driver

(1) A person must not drive, or be a co-driver of, a vehicle loaded

with a consigned freight container on a road in this State

without ensuring that the driver or a co-driver of the vehicle has

been provided with a complying container weight declaration

relating to the container.

(2) A person who is the driver or a co-driver of a vehicle loaded

with a consigned freight container who has been provided with

a complying container weight declaration relating to the

container must, during the course of a journey in this State, keep

the declaration in or about the vehicle or in a form that enables

the declaration to be readily accessed from the vehicle.

Penalty applicable to subsections (1) and (2): a fine of 50 PU.

(3) In a prosecution for an offence under subsection (1) or (2) the

person charged has the benefit of the reasonable steps defence.

Division 2 — Recovery of losses resulting from not providing

accurate container weight declarations

89. Recovery of losses if container weight declaration not

provided

(1) A person who suffers loss as a result of a container weight

declaration not being provided as required under

section 86(1)(a) or 87(1) or (2) —

(a) has, by virtue of this section, a right to recover, from the

responsible entity for the relevant consigned freight

container, the monetary value of any loss incurred by the

person as a result of a container weight declaration

relating to the container not being provided; and

(b) may enforce that right by bringing proceedings in a

court of competent jurisdiction for an order for payment

of the monetary value of the loss.

(2) Losses that may be recovered include any or all of the

following —

(a) any loss incurred from delays in the delivery of the

consigned freight container or any goods contained in it

or of other goods;

(b) any loss incurred as a result of the goods being spoiled

or damaged;

Road Traffic (Vehicles) Act 2012

Container weight declarations Part 7

Recovery of losses resulting from not providing accurate container weight declarations

Division 2

s. 90

page 65 [This compilation shows amendments proposed by Bill No. 82-1.]

(c) any loss incurred from the need to provide another

vehicle, and any loss incurred from any delay in the

provision of another vehicle;

(d) any costs or expenses incurred in weighing the

consigned freight container or any of its contents or

both.

90. Recovery of losses for provision of inaccurate container

weight declaration

(1) This section applies if —

(a) a container weight declaration relating to a consigned

freight container is provided as required under

section 86(1)(a) or 87(1) or (2); and

(b) the declaration contains information —

(i) that is false or misleading in a material particular

by understating the weight of the container; or

(ii) that is otherwise false or misleading in a material

particular by indicating that the weight of the

container is lower than its actual weight;

and

(c) a breach of a mass requirement occurs as a result of the

reliance, by a responsible person for a vehicle or the

driver or co-driver of a vehicle, on the information in the

declaration when transporting the container by vehicle

by road (whether or not enforcement action has been or

may be taken in relation to the breach); and

(d) at the time of the breach a responsible person for the

vehicle or the driver or co-driver of the vehicle, as is

relevant to the case —

(i) reasonably believed that the vehicle was not in

breach of a mass requirement; and

(ii) did not know, and could not reasonably be

expected to know, that the weight stated or

indicated in the declaration was lower than the

actual weight of the container;

and

(e) a person suffers loss as a result of the reliance

mentioned in paragraph (c).

Road Traffic (Vehicles) Act 2012

Part 7 Container weight declarations

Division 2 Recovery of losses resulting from not providing accurate container weight declarations

s. 91

page 66 [This compilation shows amendments proposed by Bill No. 82-1.]

(2) A person mentioned in subsection (1)(e) —

(a) has, by virtue of this section, a right to recover, from the

responsible entity for the consigned freight container,

the monetary value of any loss incurred by the person as

a result of the reliance mentioned in subsection (1)(c);

and

(b) may enforce that right by bringing proceedings in a

court of competent jurisdiction for an order for payment

of the monetary value of the loss.

(3) Losses that may be recovered by a person mentioned in

subsection (1)(e) include any or all of the following —

(a) any fine, penalty under an infringement notice or other

penalty imposed on the person for an MDLR offence;

(b) any fine, penalty under an infringement notice or other

penalty imposed on an agent or employee of the person

for an MDLR offence and reimbursed by the person;

(c) any loss incurred from delays in the delivery of the

consigned freight container or any goods contained in it

or of other goods;

(d) any loss incurred as a result of the goods being spoiled

or damaged;

(e) any loss incurred from the need to provide another

vehicle, and any loss incurred from any delay in the

provision of another vehicle;

(f) any costs or expenses incurred in weighing the

consigned freight container or any of its contents or

both.

91. Recovery of amount by responsible entity

(1) This section applies if an order under section 90 has been made

or is being sought against a responsible entity for payment of

the monetary value of any loss incurred by a person.

(2) The responsible entity has, by virtue of this section, a right to

recover, from a person (the information provider) who provided

the responsible entity with all or any of the information that was

false or misleading, so much (the attributable amount) of the

monetary value paid or payable by the responsible entity under

the order as is attributable to that information.

Road Traffic (Vehicles) Act 2012

Container weight declarations Part 7

Recovery of losses resulting from not providing accurate container weight declarations

Division 2

s. 92

page 67 [This compilation shows amendments proposed by Bill No. 82-1.]

(3) The responsible entity may enforce that right by —

(a) joining or seeking the joinder of the information

provider in the proceedings for the order under

section 90 and applying to the court for an order for

payment of the attributable amount to be made when the

order is made under that section; or

(b) bringing separate proceedings in a court of competent

jurisdiction for an order for payment of the attributable

amount.

92. Assessment of monetary value or attributable amount

(1) In making an order under this Division, a court may assess in

the manner that it considers appropriate —

(a) the monetary value of any loss, as mentioned in

section 89 or 90; or

(b) the attributable amount, as mentioned in section 91.

(2) In making such an assessment, the court may take into account

any matter that it considers relevant, including evidence

adduced in connection with a prosecution brought for a breach

mentioned in section 90(1)(c).

93. Costs

(1) A court may award costs in relation to the proceedings for an

order under this Division.

(2) A court may, in proceedings for an order under this Division,

order payment of any costs or expenses incurred in weighing a

consigned freight container or any of its contents or both, if —

(a) the weight stated or indicated in the container weight

declaration concerned was lower than the actual weight

of the container; or

(b) a container weight declaration was not provided.

(3) An order under subsection (2) may be made in favour of a party

to the proceedings, the CEO or a public authority of this or any

other jurisdiction.

Road Traffic (Vehicles) Act 2012

Part 8 Other MDLR offences

Division 1 False or misleading transport documentation offences

s. 94

page 68 [This compilation shows amendments proposed by Bill No. 82-1.]

Part 8 — Other MDLR offences

Division 1 — False or misleading transport

documentation offences

94. Terms used

In this Division —

in the State, in relation to road transport, includes road transport

in the State as part of a journey that is also partly outside the

State;

road transport includes transport partly by road and partly by

some other means.

95. Consignors: transport documentation

A person who is a consignor of goods commits an offence if the

transport documentation relating to the consignment of the

goods for road transport in the State is false or misleading in a

material particular relating to a mass, dimension or loading

requirement that is applicable to any or all of the goods.

Penalty: a fine of 200 PU.

96. Packers: transport documentation

A person who is a packer of goods commits an offence if —

(a) the goods are packed in Australia in a freight container

or other container or in a package or on a pallet for road

transport; and

(b) the transport documentation relating to the consignment

of the goods for road transport in the State is false or

misleading in a material particular relating to a mass,

dimension or loading requirement that is applicable to

any or all of the goods.

Penalty: a fine of 200 PU.

97. Loaders: transport documentation

A person who is a loader in relation to a vehicle commits an

offence if —

(a) goods are loaded on the vehicle for road transport; and

(b) the transport documentation relating to the consignment

of the goods for road transport in the State is false or

misleading in a material particular relating to a mass,

Road Traffic (Vehicles) Act 2012

Other MDLR offences Part 8

False or misleading transport documentation offences Division 1

s. 98

page 69 [This compilation shows amendments proposed by Bill No. 82-1.]

dimension or loading requirement that is applicable to

any or all of the goods.

Penalty: a fine of 200 PU.

98. Receivers: transport documentation

(1) In this section —

receiver of goods in Australia means the person who is the first

person to either —

(a) receive the goods in Australia otherwise than as a person

who merely unloads them; or

(b) unpack the goods after they are first unloaded in

Australia,

but does not include a person of a class declared by the

regulations to be excluded from this definition.

(2) A person who is a receiver of the goods in Australia commits an

offence if —

(a) the goods are packed outside Australia in a freight

container or other container or in a package or on a

pallet for road transport; and

(b) the transport documentation relating to the consignment

of the goods for road transport in the State is false or

misleading in a material particular relating to a mass,

dimension or loading requirement that is applicable to

any or all of the goods.

Penalty: a fine of 200 PU.

99. Responsible entity: container weight declaration

A responsible entity mentioned in section 86(1) commits an

offence if the container weight declaration provided in

accordance with that provision contains information that is false

or misleading in a material particular.

Penalty: a fine of 200 PU.

100. Responsible person for vehicle: container weight declaration

A responsible person for a vehicle who is mentioned in

section 87(1) or (2) commits an offence if the container weight

declaration provided in accordance with the respective provision

contains information that is false or misleading in a material

particular.

Penalty: a fine of 200 PU.

Road Traffic (Vehicles) Act 2012

Part 8 Other MDLR offences

Division 2 Miscellaneous MDLR offences

s. 101

page 70 [This compilation shows amendments proposed by Bill No. 82-1.]

101. Container weight declaration: certain information not

necessarily false or misleading

For the purposes of this Part, information in a container weight

declaration is not false or misleading in a material particular just

because it overstates the weight of the freight container and its

contents.

102. Reasonable steps defence

In a prosecution for an offence under section 95, 96, 97,

98(2), 99 or 100 the person charged has the benefit of the

reasonable steps defence.

Division 2 — Miscellaneous MDLR offences

103. Weight of freight container: consignors’ duties

(1) A person who is a consignor of any of the goods in a freight

container that are consigned for road transport commits an

offence if the weight of the freight container exceeds the

maximum gross weight as marked on the container or on the

container’s safety approval plate.

Penalty: a fine of 100 PU.

(2) In a prosecution for an offence under subsection (1) the person

charged has the benefit of the reasonable steps defence.

104. Weight of freight container: packers’ duties

(1) A person who is a packer of any goods in a freight container

that are consigned for road transport commits an offence if the

weight of the freight container exceeds the maximum gross

weight as marked on the container or on the container’s safety

approval plate.

Penalty: a fine of 100 PU.

(2) In a prosecution for an offence under subsection (1) the person

charged has the benefit of the reasonable steps defence.

105. Dismissal or other victimisation of employee or contractor

assisting with or reporting breaches

(1) In this section —

contractor means an individual who works under a contract for

services;

public agency means the CEO, a corresponding authority, an

Australian police officer, a warden or any other public authority

of any jurisdiction.

Road Traffic (Vehicles) Act 2012

Other MDLR offences Part 8

Miscellaneous MDLR offences Division 2

s. 105

page 71 [This compilation shows amendments proposed by Bill No. 82-1.]

(2) An employer must not dismiss an employee or contractor, injure

an employee or contractor in his or her employment or alter an

employee’s or contractor’s position to his or her detriment

because the employee or contractor —

(a) has assisted or has given any information to a public

agency in respect of an MDLR offence or an alleged

MDLR offence; or

(b) has made a complaint about an MDLR offence or an

alleged MDLR offence to the employer, a fellow

employee or fellow contractor, a trade union or a public

agency.

Penalty: a fine of 200 PU.

(3) An employer or prospective employer must not refuse or

deliberately omit to offer employment to a prospective

employee or prospective contractor or treat a prospective

employee or prospective contractor less favourably than another

prospective employee or prospective contractor would be

treated in relation to the terms on which employment is offered

because the first-mentioned prospective employee or

contractor —

(a) has assisted or has given any information to a public

agency in respect of an MDLR offence or an alleged

MDLR offence; or

(b) has made a complaint about an MDLR offence or an

alleged MDLR offence to a former employer, a former

fellow employee or former fellow contractor, a trade

union or a public agency.

Penalty: a fine of 200 PU.

(4) In a prosecution for an offence under subsection (2) or (3), if all

the facts constituting the offence other than the reason for the

accused’s action are proved, the accused has the onus of proving

that the accused’s action was not actuated by the reason alleged

in the charge.

(5) If a person is found guilty of an offence under subsection (2)

or (3), the court may, in addition to imposing a penalty on the

offender, make either or both of the following orders —

(a) an order that the offender pay, within a period specified

by the court, the employee or contractor or the

prospective employee or prospective contractor such

damages as the court thinks fit by way of compensation;

Road Traffic (Vehicles) Act 2012

Part 8 Other MDLR offences

Division 2 Miscellaneous MDLR offences

s. 106

page 72 [This compilation shows amendments proposed by Bill No. 82-1.]

(b) an order that —

(i) the employee or contractor be reinstated or

re-employed in the employee’s or contractor’s

former position or, if that position is not

available, in a similar position; or

(ii) the prospective employee or prospective

contractor be employed in the position for which

the prospective employee or prospective

contractor had applied or, if that position is not

available, in a similar position.

(6) The maximum amount of damages awarded under

subsection (5) is not to exceed the monetary jurisdictional limit

of the court in civil proceedings.

(7) An order for payment of damages under subsection (5) is

enforceable as if it were a judgment of the court in its civil

jurisdiction.

(8) A person must comply with an order under subsection (5).

Penalty: a fine of 200 PU.

106. Coercing, inducing or offering incentive

(1) In this section —

urge another person to commit an MDLR offence includes to

threaten, intimidate, coerce, induce or offer an incentive to

another person to commit the offence.

(2) A person must not urge another person to commit an

MDLR offence.

Penalty: a fine of 200 PU.

(3) This section does not affect the liability of the person who

actually committed the offence.

107. Certain false or misleading information not to be provided

to involved persons

(1) An involved person must not provide to another involved person

information in oral or written form that is false or misleading in

a material particular if —

(a) the person providing the information either knows that,

or is reckless as to whether, the information is false or

misleading in a material particular; and

Road Traffic (Vehicles) Act 2012

Other MDLR offences Part 8

Miscellaneous MDLR offences Division 2

s. 107

page 73 [This compilation shows amendments proposed by Bill No. 82-1.]

(b) the material particular relates to an MDLR offence that

is or could be committed by any other involved person if

that person were to rely on the material particular; and

(c) the person receiving the information does not know and

could not reasonably be expected to know or ascertain

that the information is false or misleading in that

particular.

Penalty: a fine of 200 PU.

(2) In a prosecution for an offence under subsection (1) in which it

is alleged that the information was given in written form, it is a

defence for the person charged to prove that at the time the

person gave the information to the other involved person, the

person charged informed the other involved person that the

information was false or misleading in a material particular and

specified in what respect it was false or misleading.

(3) For the purposes of this section, information in a container

weight declaration is not false or misleading in a material

particular just because it overstates the weight of the freight

container and its contents.

Road Traffic (Vehicles) Act 2012

Part 9 Liability for MDLR offences committed by other persons

s. 108

page 74 [This compilation shows amendments proposed by Bill No. 82-1.]

Part 9 — Liability for MDLR offences committed by

other persons

108. Liability of officers of bodies corporate

(1) In this section —

officer, in relation to a body corporate, has the meaning given in

the Corporations Act 2001 (Commonwealth) but does not

include an employee of the body unless the employee is

concerned in the management of the body.

(2) If a body corporate is charged with an MDLR offence, every

person who was an officer of the body at the time the offence is

alleged to have been committed may also be charged with the

offence.

(3) If a body corporate and an officer are charged as permitted by

subsection (2) and the body corporate is convicted of the

offence, the officer is to be taken to have also committed the

offence, subject to subsection (6).

(4) If a body corporate commits an MDLR offence, then, although

the body is not charged with the offence, every person who was

an officer of the body at the time the offence is alleged to have

been committed may be charged with the offence.

(5) If an officer is charged as permitted by subsection (4) and it is

proved that the body corporate committed the offence, the

officer is to be taken to have also committed the offence, subject

to subsection (6).

(6) An officer who is charged under this section with an offence has

the benefit of the reasonable steps defence in a prosecution for

the offence.

109. Liability of partners and persons managing partnerships

(1) In this section —

MDLR offence means an MDLR offence committed or alleged

to have been committed in the course of the activities of the

relevant partnership;

partner, in relation to a partnership, includes each person who is

concerned in the management of the partnership.

(2) If a person who is a partner in a partnership is charged with an

MDLR offence, every person who was a partner of the person at

the time the offence is alleged to have been committed may also

be charged with the offence.

Road Traffic (Vehicles) Act 2012

Liability for MDLR offences committed by other persons Part 9

s. 110

page 75 [This compilation shows amendments proposed by Bill No. 82-1.]

(3) If a person and a partner are charged as permitted by

subsection (2) and the person is convicted of the offence, the

partner is to be taken to have also committed the offence,

subject to subsection (6).

(4) If a person who is a partner in a partnership commits an MDLR

offence then, although the person is not charged with the

offence, every person who was a partner of the person at the

time the offence is alleged to have been committed may be

charged with the offence.

(5) If a partner is charged as permitted by subsection (4) and it is

proved that the first-mentioned person committed the offence,

the partner is to be taken to have also committed the offence,

subject to subsection (6).

(6) A partner who is charged under this section with an offence has

the benefit of the reasonable steps defence in a prosecution for

the offence.

110. Liability of persons managing unincorporated associations

(1) In this section —

MDLR offence means an MDLR offence committed or alleged

to have been committed in the course of the activities of the

relevant unincorporated association.

(2) If a person who is concerned in the management of an

unincorporated association (person 1) is charged with an

MDLR offence, every other person who was concerned in the

management of the unincorporated association at the time the

offence is alleged to have been committed may also be charged

with the offence.

(3) If person 1 and another person are charged as permitted by

subsection (2) and person 1 is convicted of the offence, the

other person is to be taken to have also committed the offence,

subject to subsection (6).

(4) If a person who is concerned in the management of an

unincorporated association (person 1) commits an MDLR

offence then, although person 1 is not charged with the offence,

every other person who was concerned in the management of

the unincorporated association at the time the offence is alleged

to have been committed may be charged with the offence.

(5) If a person is charged as permitted by subsection (4) and it is

proved that person 1 committed the offence, the person charged

Road Traffic (Vehicles) Act 2012

Part 9 Liability for MDLR offences committed by other persons

s. 111

page 76 [This compilation shows amendments proposed by Bill No. 82-1.]

is to be taken to have also committed the offence, subject to

subsection (6).

(6) A person who is charged under this section with an offence has

the benefit of the reasonable steps defence in a prosecution for

the offence.

111. Liability of employers

(1) If a person is charged with an MDLR offence, the person’s

employer at the time the offence is alleged to have been

committed may also be charged with the offence.

(2) If a person and the person’s employer are charged as permitted

by subsection (1) and the first-mentioned person is convicted of

the offence, the employer is to be taken to have also committed

the offence, subject to subsection (5).

(3) If a person commits an MDLR offence then, although the

person is not charged with the offence, the person’s employer at

the time the offence is alleged to have been committed may be

charged with the offence.

(4) If an employer is charged as permitted by subsection (3) and it

is proved that the person first-mentioned in that subsection

committed the offence, the employer is to be taken to have also

committed the offence, subject to subsection (5).

(5) An employer who is charged under this section with an offence

has the benefit of the reasonable steps defence in a prosecution

for the offence.

112. Liability of offender not affected

Nothing in this Part affects the liability of the person who

actually committed an MDLR offence with which another

person may be charged under this Part.

Road Traffic (Vehicles) Act 2012

Defences Part 10

Reasonable steps defences Division 1

s. 113

page 77 [This compilation shows amendments proposed by Bill No. 82-1.]

Part 10 — Defences

Division 1 — Reasonable steps defences

113. Reasonable steps defence

(1) If this Act gives a person charged with an offence the benefit of

the reasonable steps defence, the person has a defence if it is

proved that —

(a) the person did not know, and could not reasonably be

expected to have known, that the offence was

committed; and

(b) either —

(i) the person had taken all reasonable steps to

prevent the commission of the offence; or

(ii) there were no steps that the person could

reasonably be expected to have taken to prevent

the commission of the offence.

(2) Without limiting the above, in determining whether things done

or omitted to be done by a person mentioned in subsection (1)

constitute reasonable steps, a court may have regard to any of

the following —

(a) the circumstances of the alleged offence, including, if

relevant, whether the breach is a minor, substantial or

severe risk breach;

(b) the measures available and measures taken for any or all

of the following —

(i) to accurately and safely weigh or measure the

vehicle or its load or to safely secure the load in

or on the vehicle;

(ii) to provide and obtain sufficient and reliable

evidence from which the weight or measurement

of the vehicle or its load might be calculated;

(iii) to manage, reduce or eliminate a potential breach

arising from the location of the vehicle, or from

the placement of the load in or on the vehicle, or

from the location of goods in the load;

(iv) to manage, reduce or eliminate a potential breach

arising from weather and climatic conditions, or

from potential weather and climatic conditions,

affecting or potentially affecting the weight or

measurement of the load;

Road Traffic (Vehicles) Act 2012

Part 10 Defences

Division 2 Other defences

s. 114

page 78 [This compilation shows amendments proposed by Bill No. 82-1.]

(v) to exercise supervision or control over others

involved in activities leading to the breach;

(c) the measures available and measures taken for any or all

of the following —

(i) to include compliance assurance conditions in

relevant commercial arrangements with other

involved persons;

(ii) to provide information, instruction, training and

supervision to employees to enable compliance

with relevant laws;

(iii) to maintain equipment and work systems to

enable compliance with relevant laws;

(iv) to address and remedy similar compliance

problems that may have occurred in the past;

(d) whether the person charged had, either personally or

through an agent or employee, custody or control of the

vehicle, or of its load, or of any of the goods included or

to be included in the load;

(e) the personal expertise and experience that the person

charged had or ought to have had or that an agent or

employee of the person charged had or ought to have

had.

Division 2 — Other defences

114. Defence for responsible persons

(1) In a prosecution for an MDLR offence alleged to have been

committed by a person in the capacity of a responsible person

for a vehicle, it is a defence for the person charged to prove that

the vehicle was being used at the relevant time by —

(a) a person who —

(i) did not have express or implied authority to use

the vehicle; and

(ii) was not an employee or agent of the person

charged;

or

(b) an employee of the person charged who was acting at

the relevant time outside the scope of the employment;

or

Road Traffic (Vehicles) Act 2012

Defences Part 10

Other defences Division 2

s. 115

page 79 [This compilation shows amendments proposed by Bill No. 82-1.]

(c) an agent, in any capacity, of the person charged who

was acting at the relevant time outside the scope of the

agency.

(2) The defence mentioned in subsection (1) is not available if the

offence involves an alleged defect in relation to a vehicle, unless

the person charged also proves that —

(a) before the vehicle ceased to be under the person’s

control, it had not been involved in the commission of a

breach of a road law relating to the defect; and

(b) after the vehicle ceased to be under the person’s control,

a material change was made that resulted in the alleged

defect.

115. Defence for drivers

In a prosecution for an MDLR offence involving an alleged

defect in relation to a vehicle and that is alleged to have been

committed by a person in the capacity of the driver or a

co-driver of the vehicle, it is a defence for the person charged to

prove that the person, whether as driver or otherwise —

(a) did not cause or contribute to the defect and had no

responsibility for or control over the maintenance of the

vehicle or its equipment at any relevant time; and

(b) did not know and could not reasonably be expected to

have known of the defect; and

(c) could not reasonably be expected to have sought to

ascertain whether there was or was likely to be a defect

relating to the vehicle.

116. Laws as to criminal responsibility not affected

The defences described in this Part are in addition to, and do not

affect, the operation of The Criminal Code Chapter V.

Road Traffic (Vehicles) Act 2012

Part 11 Court imposed sanctions

Division 1 Term used in this Part

s. 117

page 80 [This compilation shows amendments proposed by Bill No. 82-1.]

Part 11 — Court imposed sanctions

Division 1 — Term used in this Part

117. Term used: associate

In this Part —

associate, of a person (person 1), means a person who is —

(a) person 1’s spouse; or

(b) a parent, sibling or child of person 1; or

(c) a member of the same household as person 1; or

(d) a partner of person 1; or

(e) a co-trustee or co-beneficiary (including a co-object of a

discretionary trust) of person 1; or

(f) a trustee of a trust in which person 1 is a beneficiary or,

in the case of a discretionary trust, an object; or

(g) a beneficiary (including an object of a discretionary

trust) of a trust of which person 1 is a trustee; or

(h) a body corporate of which person 1 is a director or

member of the governing body of the body corporate; or

(i) a director or member of the governing body of person 1

if person 1 is a body corporate; or

(j) a body corporate (other than a public company whose

shares are listed on a stock exchange) in which person 1

is a shareholder; or

(k) a shareholder in person 1 if person 1 is a body corporate

(other than a public company whose shares are listed on

a stock exchange); or

(l) a related body corporate within the meaning of the

Corporations Act 2001 (Commonwealth); or

(m) traceable to person 1 by a chain of relationships under

any one or more of paragraphs (a) to (l).

Division 2 — General matters as to sentencing for

MDLR offences

118. Sentencing principles

(1) An order under this Part may be made in conjunction with any

sentencing option available under a road law or any other

written law to a court sentencing a person who is found guilty of

an MDLR offence.

Road Traffic (Vehicles) Act 2012

Court imposed sanctions Part 11

General matters as to sentencing for MDLR offences Division 2

s. 119

page 81 [This compilation shows amendments proposed by Bill No. 82-1.]

(2) An order under this Part forms part of the sentence.

(3) Nothing in this Part affects the duties or powers that a court or

other person or body has apart from this Part.

119. Default categorisation

(1) If a court is satisfied that there has been a breach of a mass,

dimension or loading requirement but is not satisfied that the

breach is a substantial risk breach or a severe risk breach, it may

treat the breach as a minor risk breach.

(2) If a court is satisfied that there has been a breach of a mass,

dimension or loading requirement and that the breach is at least

a substantial risk breach but is not satisfied that the breach is a

severe risk breach, it may treat the breach as a substantial risk

breach.

120. Matters to be considered by courts when sentencing

(1) When a court is determining the kind and level of sanction to be

imposed in respect of a breach of a mass, dimension or loading

requirement it is to have regard to each of the following

propositions relating to the breach —

(a) that a minor risk breach may give rise to either or both

of the following —

(i) an appreciable risk of accelerated road wear;

(ii) an appreciable risk of unfair commercial

advantage;

(b) that a substantial risk breach may give rise to 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) that a severe risk breach may give rise to 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;

Road Traffic (Vehicles) Act 2012

Part 11 Court imposed sanctions

Division 3 Commercial benefits penalty orders

s. 121

page 82 [This compilation shows amendments proposed by Bill No. 82-1.]

(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.

(2) It is not necessary to adduce evidence in support of a

proposition mentioned in subsection (1) but a court may require

or consider evidence in relation to the relevance and

significance of the proposition in a particular case.

(3) Nothing in this section affects any other matter that may or must

be taken into consideration by a court.

(4) Nothing in this section authorises or requires a court to assign

the breach to a different category of breach.

121. Prohibition order has priority

If one or more courts make orders under this Part that result in

both a supervisory intervention order and a prohibition order

being in force at the same time in relation to the same person,

the supervisory intervention order has no effect while the

prohibition order has effect.

122. Previous convictions of MDLR offences

For the purpose of determining whether a person has been

previously convicted of an MDLR offence —

(a) it is immaterial whether the breaches concerned are of

the same risk category or of different risk categories;

and

(b) a person against whom a finding of guilt has been made

in another jurisdiction for an offence under a law of the

other jurisdiction that is prescribed as a law

corresponding to a provision mentioned in the definition

of MDLR offence is to be taken to be convicted of the

MDLR offence.

Division 3 — Commercial benefits penalty orders

123. Commercial benefits penalty orders

(1) The court that finds a person guilty of an MDLR offence may,

on the application of the prosecutor or the CEO, make an order

under this section.

(2) The court may make a commercial benefits penalty order

requiring the person to pay, as a fine, an amount not exceeding

Road Traffic (Vehicles) Act 2012

Court imposed sanctions Part 11

Driver and vehicle licence sanctions Division 4

s. 124

page 83 [This compilation shows amendments proposed by Bill No. 82-1.]

3 times the amount estimated by the court to be the gross

commercial benefit —

(a) that was received or receivable, by the person or by an

associate of the person, from the commission of the

offence; and

(b) in the case of a journey that was interrupted or not

commenced because of action taken by a police officer

or warden in connection with the commission of the

offence, that would have been received or receivable, by

the person or by an associate of the person, from the

commission of the offence had the journey been

completed.

(3) In estimating the gross commercial benefit that was or would

have been received or receivable from the commission of the

offence, the court may take into account —

(a) benefits of any kind, whether monetary or otherwise;

and

(b) any other matters that it considers relevant, including —

(i) the value of any goods involved in the offence;

and

(ii) the distance over which any such goods were or

were to be carried.

(4) In estimating the gross commercial benefit that was or would

have been received or receivable from the commission of the

offence, the court is to disregard any costs, expenses or

liabilities incurred by the person or by an associate of the

person.

(5) Nothing in this section prevents the court from ordering

payment of an amount that is —

(a) less than 3 times the estimated gross commercial

benefit; or

(b) less than the estimated gross commercial benefit.

Division 4 — Driver and vehicle licence sanctions

124. Power to affect driver’s licence

(1) In this section —

MDLR offence by driver means an MDLR offence that —

(a) was committed in relation to a vehicle by the driver or a

co-driver of the vehicle; and

Road Traffic (Vehicles) Act 2012

Part 11 Court imposed sanctions

Division 4 Driver and vehicle licence sanctions

s. 124

page 84 [This compilation shows amendments proposed by Bill No. 82-1.]

(b) gave rise to a severe risk breach of a mass, dimension or

loading requirement;

specified means specified by the court.

(2) The court that finds a person guilty of an MDLR offence by

driver may make one or either of the following orders —

(a) that for a specified term not exceeding 5 years the

person is disqualified from obtaining or holding a

driver’s licence, either generally or of a specified kind;

(b) that for a specified term not exceeding 5 years, the

person is disqualified from driving on a road a motor

vehicle of a class of a specified kind.

(3) An order under this section —

(a) operates by force of this Act and takes effect

immediately or from a specified later date; and

(b) may be made in relation to a driver’s licence despite the

class or classes of vehicles to which it applies.

(4) A term mentioned in subsection (2)(a) or (b) is concurrent

with —

(a) any other term for which the person is disqualified from

obtaining or holding a driver’s licence; or

(b) any term for which the person’s driver’s licence is or

may be suspended,

unless the court orders that the term is to be cumulative on those

terms.

(5) The court must ensure that the details of the MDLR offence by

driver and the order are sent to the CEO.

(6) This section does not affect —

(a) the operation of the Motor Vehicle (Third Party

Insurance) Act 1943 section 18; or

(b) any power that the court has under the Sentencing

Act 1995 section 105; or

(c) any other right or duty of a court to disqualify a person

from holding or obtaining a driver’s licence.

Road Traffic (Vehicles) Act 2012

Court imposed sanctions Part 11

Driver and vehicle licence sanctions Division 4

s. 125

page 85 [This compilation shows amendments proposed by Bill No. 82-1.]

125. Power to affect vehicle licence

(1) In this section —

MDLR offence by vehicle licence holder means an MDLR

offence that —

(a) was committed in relation to a vehicle by a person to

whom a licence in respect of the vehicle has been

granted; and

(b) gave rise to a severe risk breach of a mass, dimension or

loading requirement;

specified means specified by the court.

(2) The court that finds a person guilty of an MDLR offence by

vehicle licence holder may order —

(a) that the licence of the vehicle is cancelled; and

(b) that for a specified term not exceeding 5 years the

person is disqualified from holding or obtaining a

vehicle licence in respect of the vehicle.

(3) If the court makes an order under subsection (2) it may also

make an order that for a specified term an associate of the

person is disqualified from holding or obtaining a vehicle

licence in respect of the vehicle.

(4) If the court considers that another person who is not present in

court may be substantially affected by an order under this

section, the court may issue a summons to that other person to

show cause why the order should not be made.

(5) An order under this section operates by force of this Act and

takes effect immediately or from a later specified date.

(6) A term mentioned in subsection (2)(b) or (3) is concurrent with

any other term for which the person is disqualified from holding

or obtaining a vehicle licence in respect of the vehicle, unless

the court orders that the term is to be cumulative on those terms.

(7) The court must ensure that the details of the MDLR offence by

vehicle licence holder and the order are sent to the CEO.

(8) This section does not affect the operation of the Fines, Penalties

and Infringement Notices Enforcement Act 1994 section 19, 43,

95G or 95J.

[Section 125 amended: No. 48 of 2012 s. 76.]

Road Traffic (Vehicles) Act 2012

Part 11 Court imposed sanctions

Division 5 Supervisory intervention orders

s. 126

page 86 [This compilation shows amendments proposed by Bill No. 82-1.]

Division 5 — Supervisory intervention orders

126. Supervisory intervention orders

(1) In this section —

compliance report, in relation to a person in respect of whom a

supervisory intervention order is made, means a report relating

to —

(a) the performance of the person in complying with —

(i) the breached laws or the provisions of this Act

specified in the order; and

(ii) the requirements of the order;

and

(b) without limiting the above —

(i) things done by the person to ensure that any

failure by the person to comply in future with the

breached laws or the specified provisions of this

Act does not continue; and

(ii) the results of those things having been done.

(2) The court that finds a person guilty of an MDLR offence may,

on the application of the prosecutor or the CEO, make a

supervisory intervention order if the court considers that the

person systematically or persistently commits MDLR offences.

(3) A supervisory intervention order may require the person, at the

person’s own expense and for a specified period not exceeding

one year, to do any or all of the following —

(a) to do specified things that the court considers will assist

the person to comply in future with the breached

provisions, including any of the following —

(i) appointing or removing staff to or from

particular activities or positions;

(ii) training and supervising staff;

(iii) obtaining expert advice as to compliance;

(iv) installing monitoring, compliance, managerial or

operational equipment;

(v) implementing monitoring, compliance,

managerial or operational practices, systems or

procedures;

(b) to conduct specified monitoring, compliance,

managerial or operational practices, systems or

Road Traffic (Vehicles) Act 2012

Court imposed sanctions Part 11

Supervisory intervention orders Division 5

s. 126

page 87 [This compilation shows amendments proposed by Bill No. 82-1.]

procedures subject to the direction of the CEO or a

person nominated by the CEO;

(c) to furnish compliance reports to the CEO or the court or

both as specified in the order;

(d) to appoint a person to have responsibilities —

(i) to assist the person to comply in future with the

breached laws or specified provisions of this Act;

and

(ii) to monitor the person’s performance in

complying with the breached laws or specified

provisions of this Act and in complying with the

requirements of the order; and

(iii) to furnish compliance reports to the CEO or the

court or both as specified in the order.

(4) The court may specify matters that are to be dealt with in

compliance reports and the form, manner and frequency in

which compliance reports are to be prepared and furnished.

(5) The court may require that compliance reports or aspects of

compliance reports be made public, and may specify the form,

manner and frequency in which they are to be made public.

(6) The court must not make a supervisory intervention order unless

it is satisfied that the order is capable of improving the person’s

ability or willingness to comply in the future with the breached

provisions, having regard to —

(a) the MDLR offences for which the person has been

convicted; and

(b) any other offences or other matters that the court

considers to be relevant to the conduct of the person in

connection with road transport.

(7) The order may direct that any other penalty or sanction imposed

for the offence by the court is suspended until the court

determines that there has been a substantial failure to comply

with the order.

(8) A court that has power to make supervisory intervention orders

may revoke or amend a supervisory intervention order on the

application of —

(a) the CEO; or

(b) the person in respect of whom the order was made, but

in that case only if the court is satisfied that there has

Road Traffic (Vehicles) Act 2012

Part 11 Court imposed sanctions

Division 6 Prohibition orders

s. 127

page 88 [This compilation shows amendments proposed by Bill No. 82-1.]

been a change of circumstances warranting the

revocation or amendment.

127. Supervisory intervention order to be complied with

A person who is subject to a supervisory intervention order

must not, without reasonable excuse, fail to comply with the

order.

Penalty: a fine of 200 PU.

Division 6 — Prohibition orders

128. Prohibition orders

(1) The court that finds a person guilty of an MDLR offence may,

on the application of the prosecutor or the CEO, make a

prohibition order if the court considers that the person

systematically or persistently commits MDLR offences.

(2) A prohibition order may, for the purpose of restricting

opportunities for the person to commit or be involved in the

commission of further offences under the breached provisions,

prohibit the person, for a specified period, from having a

specified role or responsibilities associated with road transport.

(3) The court cannot make a prohibition order that prohibits the

person from driving a vehicle or holding or obtaining a vehicle

licence in respect of a vehicle.

(4) The court must not make a prohibition order unless it is satisfied

that the person should not continue the things the subject of the

proposed order and that a supervisory intervention order is not

appropriate, having regard to —

(a) the MDLR offences for which the person has been

convicted; and

(b) any other offences or other matters that the court

considers to be relevant to the conduct of the person in

connection with road transport.

(5) A court that has power to make a prohibition order may revoke

or amend a prohibition order on the application of —

(a) the CEO; or

(b) the person in respect of whom the order was made, but

in that case only if the court is satisfied that there has

been a change of circumstances warranting the

revocation or amendment.

Road Traffic (Vehicles) Act 2012

Court imposed sanctions Part 11

Prohibition orders Division 6

s. 129

page 89 [This compilation shows amendments proposed by Bill No. 82-1.]

129. Prohibition order to be complied with

A person who is subject to a prohibition order must not, without

reasonable excuse, fail to comply with the order.

Penalty: a fine of 200 PU.

Road Traffic (Vehicles) Act 2012

Part 12 Miscellaneous

Division 6 Prohibition orders

s. 130

page 90 [This compilation shows amendments proposed by Bill No. 82-1.]

Part 12 — Miscellaneous

130. Substitution of vehicle in certain circumstances

(1) In this section —

omnibus means a vehicle that is equipped to seat more than

8 adult persons, including the driver, and that is used for the

carriage of passengers for hire or reward.

(2) A vehicle licence for an omnibus authorises a person to whom

the licence has been granted, with the previous written consent

of the CEO, to substitute another vehicle for the omnibus during

any time that the omnibus is under repair, and to operate the

other vehicle during the time that the omnibus is under repair

and not being operated.

(3) The CEO is not to give consent for the purposes mentioned in

subsection (2) unless the licensee pays the prescribed fee.

131. Motor vehicle pools and insurance

(1) For the purposes of any contract of insurance, a motor vehicle is

not to be taken to be used for the carriage of passengers for hire,

fare or reward by reason only of the carriage of passengers

under a motor vehicle pooling arrangement.

(2) For the purposes of subsection (1) a carriage of passengers is

under a motor vehicle pooling arrangement if —

(a) the motor vehicle is provided by the driver; and

(b) the driver would be undertaking the relevant journey in

any event; and

(c) the carriage is not the result of plying or touting for hire

by the driver or another person; and

(d) the maximum number of persons in the motor vehicle,

including the driver, is 9; and

(e) a payment by a passenger is limited to making a

contribution to the costs incurred in making the journey

and does not involve profit for the driver or any other

person.

[Section 131 amended: No. 26 of 2018 s. 325.]

Road Traffic (Vehicles) Act 2012

Regulations Part 13

Prohibition orders Division 6

s. 132

page 91 [This compilation shows amendments proposed by Bill No. 82-1.]

Part 13 — Regulations

132. Regulations

(1) The Governor may make regulations prescribing all matters that

are required or permitted by this Act to be prescribed, or are

necessary or convenient to be prescribed for giving effect to the

purposes of this Act.

(2) Without limiting subsection (1), regulations may —

(a) provide for the duties, obligations, conduct and

behaviour of owners, responsible persons, and persons

in charge of, vehicles or of any class of vehicle; and

(b) prescribe standards or other requirements in respect of

vehicles, including standards or requirements relating

to —

(i) the design, construction, efficiency and

performance of, and the equipment to be carried

on, vehicles; and

(ii) the attachment of operational or safety devices;

and

(iii) roadworthiness; and

(iv) safety, emissions and noise; and

(v) the coupling of trailers and motor vehicles; and

(vi) the identification of vehicles or components of

vehicles; and

(vii) security of vehicles and the equipment to be

fitted to vehicles for the purposes of security;

and

(c) provide for the examination and testing of vehicles

including —

(i) providing for matters relating to the authorisation

of persons to establish inspection stations or as

vehicle examiners and the fees to be paid by

those persons; and

(ii) requiring the payment of fees for the

examination and testing of vehicles for the

purposes of this Act; and

(iii) empowering a vehicle examiner to issue or to

refuse to issue a certificate of inspection in

relation to the inspection of a vehicle;

and

Road Traffic (Vehicles) Act 2012

Part 13 Regulations

Division 6 Prohibition orders

s. 132

page 92 [This compilation shows amendments proposed by Bill No. 82-1.]

(d) provide for the issue, return, retrieval and destruction of

number plates except number plates issued under

section 13(2) or 26(2) or optional number plates as

defined in section 136; and

(e) prohibit or regulate the manufacture, sale or supply

of —

(i) replicas or imitations of number plates; or

(ii) articles similar to number plates,

and provide for the confiscation and disposal of such

replicas, imitations or articles; and

(f) enable vehicles to be driven and tested; and

(g) prescribe a minimum age at which an individual may

apply for the grant or transfer of a vehicle licence and

providing for the applicant to provide proof of age and

identity; and

(h) provide for matters relating to vehicles that are used to

warn other road users of the presence of other vehicles;

and

(i) impose penalties not exceeding a fine of 64 PU for a

first offence, and not exceeding a fine of 96 PU for any

subsequent offence, under a regulation; and

(j) define the previous offences that are to be taken into

account in determining whether an offence is a first or

subsequent offence for the purpose of a regulation; and

(k) prescribe matters for or in respect of which fees may be

charged or charges may be made under this Act and

prescribing the amounts of such fees or charges; and

(l) require a statutory declaration to be made about a

matter.

(3) The regulations may make it an offence to contravene a

condition imposed by or under the regulations, but this

subsection does not limit the other consequences that the

regulations may attach to a contravention.

(4) For the purposes of subsection (2)(k), a reference in the

Interpretation Act 1984 section 45(1)(f) and (2) to a reduction is

to be read as if it included a reference to a deferral.

(5) Without limiting the Interpretation Act 1984 section 45(2), the

regulations may provide that a reduction, waiver, refund or

deferral of a charge for granting, renewing or varying any

Road Traffic (Vehicles) Act 2012

Regulations Part 13

Prohibition orders Division 6

s. 133

page 93 [This compilation shows amendments proposed by Bill No. 82-1.]

licence for a vehicle applies subject to conditions imposed by

the CEO that are specified in the licence.

[Section 132 amended: No. 10 of 2015 s. 12.]

133. Exemptions from regulations about vehicle standards and

requirements

The regulations may provide for the CEO to grant exemptions

from regulations made under section 132(2)(b).

134. Exemptions from regulations in emergencies

The regulations may provide for the Commissioner of Main

Roads to exempt a vehicle or its load or a vehicle and its load

from the application of a mass, dimension or loading

requirement in an emergency area as defined in the Emergency

Management Act 2005 section 3 if —

(a) the vehicle is being used, or is intended to be used, to

protect life or property, or to restore communications or

the supply of energy or water or services such as sewage

disposal; and

(b) the exemption does not present an unreasonable danger

to other road users.

135. Regulations about exemptions

(1) In this section —

exemption means an exemption granted under a regulation

mentioned in section 133 or 134.

(2) The regulations may provide for —

(a) applications for exemptions to be granted; and

(b) the submission of information and documentation in

support of applications; and

(c) the grounds for granting exemptions; and

(d) the form, content and publication of the documents by

which exemptions are made; and

(e) the duration of exemptions; and

(f) without limiting the application of the Interpretation

Act 1984 section 50(2)(b), the conditions to which

exemptions are, or may be, subject; and

(g) the effect of exemptions and failing to comply with

conditions of exemptions; and

Road Traffic (Vehicles) Act 2012

Part 13 Regulations

Division 6 Prohibition orders

s. 136

page 94 [This compilation shows amendments proposed by Bill No. 82-1.]

(h) applications for, and other matters relating to, the

variation of exemptions; and

(i) the suspension or cancellation of an exemption; and

(j) fees for applications mentioned in paragraphs (a)

and (h).

136. Schemes for optional number plates

(1) The regulations may provide for schemes under which

the CEO —

(a) allocates number plates (optional number plates) to

persons wishing to reserve the right to use those number

plates instead of number plates that would otherwise be

issued under this Act; or

(b) supplies and, if necessary, replaces optional number

plates; or

(c) permits the transfer from one person to another of the

right to use optional number plates; or

(d) gives directions as to which vehicle optional number

plates are to be used; or

(e) is given the power to cancel, with or without

compensation, a person’s right to use optional number

plates if charges due and payable in respect of that right

remain unpaid for a prescribed period.

(2) The rights may be for a specified period or otherwise.

(3) A scheme may be designed to be operated commercially but —

(a) the sale of the rights allocated is to be —

(i) by public auction or public tender; or

(ii) if the Treasurer authorises the sale to be by

private treaty or any other means, by the means

authorised;

and

(b) any other charge under a scheme is to be prescribed in

the regulations.

(4) The amount of a charge that may be prescribed under

subsection (3)(b) is not limited to the amount needed to recover

costs even though it is for a matter for which only a fee could be

prescribed if the number plates were not optional number plates.

Road Traffic (Vehicles) Act 2012

Regulations Part 13

Prohibition orders Division 6

s. 137

page 95 [This compilation shows amendments proposed by Bill No. 82-1.]

(5) The regulations may deal with matters that it is necessary or

convenient to deal with for the purposes of, or in connection

with, schemes relating to optional number plates.

137. Regulations may refer to published documents

(1) Regulations made for the purposes of this Act may adopt the

text of any published document specified in the regulations —

(a) as that text exists at a particular date; or

(b) as that text may from time to time be amended.

(2) The text may be adopted —

(a) wholly or in part; or

(b) as modified by the regulations.

(3) The adoption may be direct (by reference made in the

regulations), or indirect (by reference made in any text that is

itself directly or indirectly adopted).

(4) The adoption of text is of no effect unless —

(a) the adopted text; and

(b) if text is adopted as it may be amended from time to

time, either —

(i) the amendments to the text; or

(ii) the text as amended,

can at all reasonable times be inspected or purchased by the

public.

138. Minister’s declarations that specified regulations do not

apply to specified persons or vehicles

Regulations may provide for the Minister to declare, in writing

in accordance with the regulations, that a requirement of the

regulations that is specified by the Minister does not apply to a

person or vehicle specified by the Minister.

Road Traffic (Vehicles) Act 2012

Part 14 Transitional provisions

Division 1 Transitional provisions arising from certain amendments made to the Road Traffic Act 1974 by the Road Traffic Legislation Amendment Act 2012

s. 139

page 96 [This compilation shows amendments proposed by Bill No. 82-1.]

Part 14 — Transitional provisions

Division 1 — Transitional provisions arising from certain

amendments made to the Road Traffic Act 1974 by the Road

Traffic Legislation Amendment Act 2012

139. Terms used

In this Division —

amending Act means the Road Traffic Legislation Amendment

Act 2012;

commencement day means the day on which the Road Traffic

Legislation Amendment Act 2012 Part 2 comes into operation 1;

RT Act means the Road Traffic Act 1974 as in force

immediately before commencement day.

140. Application of Interpretation Act 1984

The provisions of this Division do not prejudice or affect the

application of the Interpretation Act 1984 to and in relation to

the repeals of provisions of the RT Act effected by the

amending Act.

141. Vehicle licences, applications

(1) A vehicle licence that is granted, renewed or transferred under

the RT Act section 17(2) and that was in effect immediately

before commencement day is, on and from commencement day,

to be taken to be a vehicle licence that is granted, renewed or

transferred, as is relevant to the case, under regulations made

under section 5(3).

(2) An application that was made under the RT Act section 17(1)

before commencement day but not decided before

commencement day is, on and from commencement day, to be

taken to be an application made under section 5(1).

142. Transfer of vehicle licences

(1) If, before commencement day —

(a) a notice under the RT Act section 24(1)(a) had been

given to the Director General; and

(b) the Director General had not taken action under the

RT Act section 24(2a),

Road Traffic (Vehicles) Act 2012

Transitional provisions Part 14

Transitional provisions arising from certain amendments made to the Road Traffic Act 1974 by the Road Traffic Legislation

Amendment Act 2012

Division 1

s. 143

page 97 [This compilation shows amendments proposed by Bill No. 82-1.]

on and from commencement day, the notice is to be taken to be

a notice given under section 10(1)(a).

(2) If, before commencement day —

(a) a notice under the RT Act section 24(2) had been given

to the Director General; and

(b) the Director General had not taken action under the

RT Act section 24(2a),

on and from commencement day, the notice is to be taken to be

a notice given under section 10(2).

(3) A notice under the RT Act section 24(2a)(a) that was in effect

immediately before commencement day is, on and from

commencement day, to be taken to be a notice under

section 10(3)(a).

(4) A notice under the RT Act section 24(2a)(b) that was in effect

immediately before commencement day is, on and from

commencement day, to be taken to be a notice under

section 10(3)(b).

143. Change of nominated owner

If, before commencement day —

(a) an application is made under the RT Act section 24B(1);

and

(b) the application is not approved or refused,

on and from commencement day, the application is to be taken

to be an application made under section 12(1).

144. Permits, number plates and notices for unlicensed vehicles

(1) A permit under the RT Act section 26(1) that was in effect

immediately before commencement day is, on and from

commencement day, to be taken to be a permit under

section 13(1).

(2) Number plates issued under the RT Act section 26(2) that were

in effect immediately before commencement day are, on and

from commencement day, to be taken to be number plates

issued under section 13(2).

(3) A notice under the RT Act section 26(5) that was in effect

immediately before commencement day is, on and from

Road Traffic (Vehicles) Act 2012

Part 14 Transitional provisions

Division 1 Transitional provisions arising from certain amendments made to the Road Traffic Act 1974 by the Road Traffic Legislation Amendment Act 2012

s. 145

page 98 [This compilation shows amendments proposed by Bill No. 82-1.]

commencement day, to be taken to be a notice under

section 13(5).

145. Register of vehicle licences

A register under the RT Act section 27(1) that was in effect

immediately before commencement day is, on and from

commencement day, to be taken to be a register under

section 14.

146. Minister may require vehicles to be inspected

A notice published under the RT Act section 29(1) that was in

effect immediately before commencement day is, on and from

commencement day, to be taken to be an order published under

section 19(1).

147. Overseas vehicles temporarily in Australia

(1) An application that was made under the RT Act section 31

before commencement day but not decided before

commencement day is, on and from commencement day, to be

taken to be an application made under section 22(1).

(2) The grant, under the RT Act section 31, of a vehicle licence for

a vehicle without payment of the vehicle licence charge that was

in effect immediately before commencement day is, on and

from commencement day, to be taken to be a grant under

section 22(2).

(3) An application that was made under the RT Act section 33

before commencement day but not decided before

commencement day is, on and from commencement day, to be

taken to be an application made under section 24(1).

(4) A temporary plate issued under the RT Act section 39(2) that

was in use immediately before commencement day is, on and

from commencement day, to be taken to be a temporary plate

issued under section 26(2).

148. Vehicle examiners and inspection stations

(1) A person in respect of whom there was in effect, immediately

before commencement day, an authority under the Road Traffic

(Licensing) Regulations 1975 regulation 3A(1)(a) 2 to examine

and test vehicles is, for the purposes of paragraph (b) of the

definition of vehicle examiner in section 70, on and from

Road Traffic (Vehicles) Act 2012

Transitional provisions Part 14

Transitional provisions arising from certain amendments made to the Road Traffic Act 1974 by the Road Traffic Legislation

Amendment Act 2012

Division 1

s. 149

page 99 [This compilation shows amendments proposed by Bill No. 82-1.]

commencement day, to be taken to be a person authorised by

the CEO to examine and test vehicles for the purposes of this

Act on the same terms and conditions that applied immediately

before commencement day.

(2) A person in respect of whom there was in effect, immediately

before commencement day, an authority under the Road Traffic

(Licensing) Regulations 1975 regulation 3A(1)(b) 2 to establish

premises as an inspection station is, for the purposes of

paragraph (b) of the definition of inspection station in

section 70, on and from commencement day, to be taken to be a

person authorised by the CEO to establish premises at which

vehicles are examined and tested for the purposes of this Act, on

the same terms and conditions that applied immediately before

commencement day.

(3) Subsections (1) and (2) do not apply to a public service officer

who, on commencement day, holds an office, post or position in

the department principally assisting the Minister in the

administration of this Act.

149. Mass requirements for class 3 vehicles used in Harvest Mass

Management Scheme

A notice under the Road Traffic (Vehicle Standards)

Regulations 2002 regulation 33 3 applying to vehicles operating

in accordance with the scheme known as the Harvest Mass

Management Scheme and in effect immediately before

commencement day is, on and from commencement day, to be

taken to be an order under section 34(1)(a) modifying a mass

requirement for the same term and on the same conditions that

applied to the notice immediately before commencement day.

150. Transitional regulations

The regulations may contain provisions that are necessary or

convenient for dealing with matters concerning the transition

from the provisions of any written law applying before

commencement day to the provisions of this Act, including

regulations made under this Act, applying after

commencement day.

Road Traffic (Vehicles) Act 2012

Notes Compilation table

page 100 [This compilation shows amendments proposed by Bill No. 82-1.]

Notes This is a compilation of the Road Traffic (Vehicles) Act 2012 and includes amendments

made by other written laws. For provisions that have come into operation, and for

information about any reprints, see the compilation table.

Compilation table

Short title Number

and year

Assent Commencement

Road Traffic (Vehicles)

Act 2012

7 of 2012 21 May 2012 s. 1 and 2: 21 May 2012

(see s. 2(a));

Act other than s. 1 and 2:

27 Apr 2015 (see s. 2(b) and

Gazette 17 Apr 2015 p. 1371)

Fines, Penalties and

Infringement Notices

Enforcement Amendment

Act 2012 Pt. 4 Div. 7A

48 of 2012 29 Nov 2012 21 Aug 2013 (see s. 2(b) and

Gazette 20 Aug 2013 p. 3815)

Road Traffic Amendment

(Alcohol Interlocks and

Other Matters) Act 2015

Pt. 3 Div. 4

2 of 2015 25 Feb 2015 27 Apr 2015 (see s. 2(1)(b)

and (2) and Gazette 17 Apr

2015 p. 1374)

Road Traffic Legislation

Amendment Act 2015 Pt. 5

10 of 2015 1 Apr 2015 2 Apr 2015 (see s. 2(b))

Reprint 1: The Road Traffic (Vehicles) Act 2012 as at 12 Jun 2015 (includes

amendments listed above)

Transport (Road Passenger

Services) Act 2018 Pt. 14

Div. 2 Subdiv. 6

26 of 2018 30 Oct 2018 28 Feb 2019 (see s. 2(b) and

Gazette 26 Feb 2019 p. 449-50)

Fines, Penalties and

Infringement Notices

Enforcement Amendment

Act 2020 Pt. 3 Div. 6

25 of 2020 19 Jun 2020 29 Sep 2020 (see s. 2(1)(c) and

SL 2020/159 cl. 2(a))

Road Traffic (Vehicles)

Amendment (Offensive

Advertising) Bill 2022

Current Bill

No. 82-1

Other notes

1 The Road Traffic Legislation Amendment Act 2012 Pt. 2 commenced on 12 Dec

2012.

2 The Road Traffic (Licensing) Regulations 1975 were repealed by the Road Traffic

(Repeals and Amendment) Regulations 2014 as at 27 Apr 2015 (see Gazette

23 Dec 2014 p. 4914).

3 The Road Traffic (Vehicle Standards) Regulations 2002 were repealed by the

Road Traffic (Repeals and Amendment) Regulations 2014 as at 27 Apr 2015 (see

Gazette 23 Dec 2014 p. 4914).