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).
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