|
column 1
item |
column 2
offence provision and, if relevant, case |
column 3
short description |
column 4
offence penalty ($) |
column 5
infringement penalty ($) |
column 6
demerit points |
|---|
| 1 | 60 (1) |
|
|
|
|
| 1.1 |
• if heavy vehicle standard
relates to speed limiter | use of heavy vehicle that contravenes heavy
vehicle standard relating to speed limiter | 6 300 | 630 |
|
| 1.2 |
• in any
other case | use of heavy vehicle that contravenes heavy vehicle standard not
relating to speed limiter | 3 150 | 315 |
|
| 2 | 79 (2) | not return as
required amended/cancelled vehicle standards exemption (permit) | 4 200 |
420 |
|
| 3 | 80 (1) | not apply as required for replacement for
defaced/destroyed/lost/stolen permit for vehicle standards exemption (permit)
| 4 200 |
|
|
| 4 | 81 (1) | contravene condition of vehicle standards
exemption | 4 200 | 420 |
|
| 5 | 81 (2) | use/permit to be used/heavy
vehicle that contravenes condition of vehicle standards exemption | 4 200 |
420 |
|
| 6 | 81 (3) | use/permit to be used/heavy vehicle in way that
contravenes condition of vehicle standards exemption | 4 200 | 420 |
|
| 7
| 82 (2) | driver of heavy vehicle fail to comply with condition of vehicle
standards exemption (notice) that must keep relevant document in driver's
possession | 3 150 | 315 |
|
| 8 | 82 (3) | each relevant party for
driver of heavy vehicle commits offence if driver commits offence against s 82
(2) | 3 150 | 315 |
|
| 9 | 83 (1) | driver of heavy vehicle not keep
copy of permit for vehicle standards exemption (permit) in driver's possession
| 3 150 | 315 |
|
| 10 | 83 (2) | driver of heavy vehicle not return copy of
permit for vehicle standards exemption (permit) to relevant party for driver
on stopping working for relevant party | 3 150 | 315 |
|
| 11 | 83 (3) |
each relevant party for driver of heavy vehicle commits offence if driver
commits offence against s 83 (1) | 3 150 | 315 |
|
| 12 | 85 (1) |
unapproved modification of heavy vehicle | 3 150 | 315 |
|
| 13 | 85 (2) |
use/permit to be used unapproved modified heavy vehicle | 3 150 | 315 |
|
|
14 | 86 (2) | approved vehicle examiner who approves modification of heavy
vehicle not give certificate approving modification as required and not ensure
complying plate/label fitted/affixed to vehicle | 3 150 | 315 |
|
| 15 |
87A (1) | tamper with plate/label fitted/affixed to heavy vehicle | 3 150 |
315 |
|
| 16 | 89 (1) | use/permit to be used unsafe heavy vehicle | 6 300
| 630 |
|
| 17 | 90 (1) | use/permit to be used heavy vehicle not fitted with
emission control system if required by heavy vehicle standard | 3 150 | 315
|
|
18 | 90 (2) | use/permit to be used heavy vehicle fitted with emission
control system not operating as designed | 3 150 | 315 |
|
| 19 | 90 (3) |
use/permit to be used heavy vehicle fitted with emission control system and
operate system in way causes non-compliance with heavy vehicle standard | 3
150 | 315 |
|
| 20 | 91 (1) | tamper with emission control system fitted
to heavy vehicle | 10 490 |
|
|
| 21 | 91 (2) | operator of heavy vehicle
use/permit to be used vehicle fitted with tampered emission control system |
10 490 |
|
|
| 22 | 92 (2) | use/permit to be used incorrect warning sign
on heavy vehicle | 3 150 | 315 |
|
| 23 | 93 (1) | tamper with speed
limiter fitted to heavy vehicle | 10 490 |
|
|
| 24 | 93 (2) | fit
tampered speed limiter to heavy vehicle | 10 490 |
|
|
| 25 | 93 (3) |
operator of heavy vehicle use vehicle fitted with tampered speed limiter | 10
490 |
|
|
| 26 | 96 (1) |
|
|
|
|
| 26.1 |
• minor risk breach | drive heavy
vehicle if vehicle (with load) not comply with mass requirements applying to
vehicle—minor risk breach | 4 200 | 420 |
|
| 26.2 |
• substantial risk
breach | drive heavy vehicle if vehicle (with load) not comply with mass
requirements applying to vehicle—substantial risk breach | 6 300 | 630
|
|
26.3 | •
severe risk breach | drive heavy vehicle if vehicle (with load) not comply
with mass requirements applying to vehicle—severe risk breach | 10
490-31 490 |
|
|
| 27 | 102 (1) |
|
|
|
|
| 27.1 |
• heavy vehicle not
have goods or passengers | drive heavy vehicle if vehicle (with load) not
comply with dimension requirements applying to vehicle without goods or
passengers | 3 150 | 315 |
|
| 27.2 |
• heavy vehicle has goods or passengers and
minor risk breach | drive heavy vehicle if vehicle (with load) not comply
with dimension requirements applying to vehicle with goods or
passengers—minor risk breach | 3 150 | 315 |
|
| 27.3 |
• heavy vehicle
has goods or passengers and substantial risk breach | drive heavy vehicle if
vehicle (with load) not comply with dimension requirements applying to vehicle
with goods or passengers—substantial risk breach | 5 250 | 525 |
|
|
27.4 | •
heavy vehicle has goods or passengers and severe risk breach | drive heavy
vehicle if vehicle (with load) not comply with dimension requirements applying
to vehicle with goods or passengers—severe risk breach | 10 490 |
|
|
28 | 109 (2) | use heavy vehicle with stated projecting load without warning
signal fixed to back of load | 3 150 | 315 |
|
| 29 | 111 (1) |
|
|
|
|
|
29.1 | •
minor risk breach | drive heavy vehicle if vehicle not comply with loading
requirements—minor risk breach | 3 150 | 315 |
|
| 29.2 |
• substantial
risk breach | drive heavy vehicle if vehicle not comply with loading
requirements—substantial risk breach | 5 250 | 525 |
|
| 29.3 |
• severe
risk breach | drive heavy vehicle if vehicle not comply with loading
requirements—severe risk breach | 10 490 |
|
|
| 30 | 129 (1) |
driver/operator of heavy vehicle contravene condition of mass or dimension
exemption | 6 300 | 630 |
|
| 31 | 129 (2) | use/permit to be used heavy
vehicle that contravenes condition of mass or dimension exemption | 6 300 |
630 |
|
| 32 | 129 (3) | use heavy vehicle in way that contravenes
condition of mass or dimension exemption | 6 300 | 630 |
|
| 33 | 130 (2)
| driver of pilot/escort vehicle accompanying heavy vehicle not comply with
conditions of mass or dimension exemption about use of pilot/escort vehicle |
6 300 | 630 |
|
| 34 | 130 (3) | operator of heavy vehicle commits offence
if driver of pilot/escort vehicle commits offence against s 130 (2) | 6 300 |
630 |
|
| 35 | 131 (1) | driver of pilot vehicle accompanies heavy vehicle
that contravenes condition of mass or dimension exemption | 6 300 | 630 |
|
36 | 132 (2) | driver of class 1/class 3 heavy vehicle fail to comply with
condition of mass or dimension exemption (notice) that must keep relevant
document in driver's possession | 3 150 | 315 |
|
| 37 | 132 (3) | each
relevant party for driver of class 1/class 3 heavy vehicle commits
offence if driver commits offence against s 132 (2) | 3 150 | 315 |
|
38 | 133 (1) | driver of class 1/class 3 heavy vehicle not keep copy of
permit for mass or dimension exemption (permit) in driver's possession | 3
150 | 315 |
|
| 39 | 133 (2) | driver of class 1/class 3 heavy vehicle not
return copy of permit for mass or dimension exemption (permit) to relevant
party for driver on stopping working for relevant party | 4 200 | 420 |
|
|
40 | 133 (3) | each relevant party for driver of class 1/class 3 heavy
vehicle commits offence if driver commits offence against s 133 (1) | 3
150 | 315 |
|
| 41 | 134 (1) | display heavy vehicle warning sign on heavy
vehicle not under dimension exemption | 3 150 | 315 |
|
| 42 | 134 (2) |
display pilot vehicle warning sign on pilot vehicle not being used as pilot
vehicle for heavy vehicle used under dimension exemption | 3 150 | 315 |
|
43 | 137 | not use class 2 heavy vehicle in accordance with class 2 heavy
vehicle authorisation | 6 300 | 630 |
|
| 44 | 150 (1) | driver/operator
of class 2 heavy vehicle contravene condition of class 2 heavy vehicle
authorisation | 6 300 | 630 |
|
| 45 | 151 (2) | driver of class 2 heavy
vehicle not comply with condition of class 2 heavy vehicle authorisation
(notice) that must keep relevant document in driver's possession | 3 150 |
315 |
|
| 46 | 151 (3) | each relevant party for driver of class 2 heavy
vehicle commits offence if driver commits offence against s 151 (2) | 3 150 |
315 |
|
| 47 | 152 (1) | driver of class 2 heavy vehicle not keep copy of
class 2 heavy vehicle authorisation (permit) in driver's possession | 3 150 |
315 |
|
| 48 | 152 (2) | driver of class 2 heavy vehicle not return copy of
permit for class 2 heavy vehicle authorisation (permit) to relevant party for
driver on stopping working for relevant party | 4 200 | 420 |
|
| 49 | 152
(3) | each relevant party for driver of class 2 heavy vehicle commits offence
if driver commits offence against s 152 (1) | 3 150 | 315 |
|
| 50 | 153
(1) | driver of class 2 PBS heavy vehicle not keep copy of PBS vehicle
approval in driver's possession | 3 150 | 315 |
|
| 51 | 153 (2) | each
relevant party for driver of class 2 PBS heavy vehicle commits offence if
driver commits offence against s 153 (1) | 3 150 | 315 |
|
| 52 | 153A (1)
| use/permit to be used restricted access vehicle on road not allowed under mass
or dimension authority | 6 300 | 630 |
|
| 53 | 181 (3) | not return as
required amended/cancelled mass or dimension authority permit | 4 200 | 420
|
|
54 | 182 (1) | not apply as required for replacement for
defaced/destroyed/lost/stolen mass or dimension authority permit | 4 200 |
|
|
55 | 183 (2) |
|
|
|
|
| 55.1 | by contravening:
• 96—mass requirements:
minor risk breach | employer/prime contractor/operator for heavy
vehicle commits offence if driver of vehicle commits offence against
s 96—minor risk breach | 4 200 | 420 |
|
| 55.2 | by
contravening: •
96—mass requirements: substantial risk breach |
employer/prime contractor/operator for heavy vehicle commits offence
if driver of vehicle commits offence against s 96—substantial risk
breach | 6 300 | 630 |
|
| 55.3 | by contravening:
• 96—mass requirements:
severe risk breach | employer/prime contractor/operator for heavy
vehicle commits offence if driver of vehicle commits offence against
s 96—severe risk breach | 10 490-31 490 |
|
|
| 55.4 | by
contravening: •
102—dimension requirements: heavy vehicle without goods or
passengers | employer/prime contractor/operator for heavy vehicle
commits offence if driver of vehicle commits offence against
s 102—applying to vehicle without goods or passengers | 3 150 |
315 |
|
| 55.5 | by contravening:
• 102—dimension requirements: minor risk
breach | employer/prime contractor/operator for heavy vehicle
commits offence if driver of vehicle commits offence against
s 102—minor risk breach | 3 150 | 315 |
|
| 55.6 | by
contravening: •
102—dimension requirements: substantial risk breach |
employer/prime contractor/operator for heavy vehicle commits offence
if driver of vehicle commits offence against s 102—substantial risk
breach | 5 250 | 525 |
|
| 55.7 | by contravening:
• 102—dimension
requirements: severe risk breach |
employer/prime contractor/operator for heavy vehicle commits offence
if driver of vehicle commits offence against s 102—severe risk
breach | 10 490 |
|
|
| 55.8 | by contravening:
• 111—loading
requirements: minor risk breach |
employer/prime contractor/operator for heavy vehicle commits offence
if driver of vehicle commits offence against s 111—minor risk
breach | 3 150 | 315 |
|
| 55.9 | by contravening:
• 111—loading
requirements: substantial risk breach |
employer/prime contractor/operator for heavy vehicle commits offence
if driver of vehicle commits offence against s 111—substantial risk
breach | 5 250 | 525 |
|
| 55.10 | by contravening:
• 111—loading
requirements: severe risk breach |
employer/prime contractor/operator for heavy vehicle commits offence
if driver of vehicle commits offence against s 111—severe risk
breach | 10 490 |
|
|
| 56 | 184 (1) | drive heavy vehicle towing more
than 1 other vehicle | 3 150 | 315 |
|
| 57 | 185 (1) | use heavy
combination with trailer in combination not securely coupled to vehicle in
front | 6 300 | 630 |
|
| 58 | 185 (2) | use heavy combination with
components of coupling not compatible/properly connected | 6 300 | 630 |
|
59 | 186 (2) | each consignor of goods commits offence if false/misleading
transport documentation for mass, dimension or loading of goods | 10 490 |
|
|
60 | 186 (3) | each packer of goods commits offence if goods packed for road
transport and if false/misleading transport documentation for mass, dimension
or loading of goods | 10 490 |
|
|
| 61 | 186 (4) | each loading
manager/loader of goods commits offence if goods loaded for road transport and
if false/misleading transport documentation for mass, dimension or loading of
goods | 10 490 |
|
|
| 62 | 186 (5) | each receiver of goods commits
offence if goods packed for road transport and if false/misleading transport
documentation for mass, dimension or loading of goods | 10 490 |
|
|
| 63 |
187 (2) | responsible entity for freight container gives container to
operator of heavy vehicle with false/misleading container weight declaration |
10 490 |
|
|
| 64 | 187 (3) | operator of heavy vehicle commits offence if
freight container to be transported and false/misleading container weight
declaration | 10 490 |
|
|
| 65 | 190 (1) | responsible entity permits
operator/driver of heavy vehicle to transport freight container without
complying container weight declaration | 6 300 | 630 |
|
| 66 | 191 (1) |
operator permits driver of heavy vehicle to transport freight container
without complying container weight declaration | 6 300 | 630 |
|
| 67 |
191 (3) | operator of heavy vehicle gives freight container to carrier
without complying container weight declaration or prescribed particulars in
complying container weight declaration | 6 300 | 630 |
|
| 68 | 192 (1) |
drive heavy vehicle with freight container without complying container weight
declaration | 6 300 | 630 |
|
| 69 | 192 (2) | driver of heavy vehicle
not keep as required complying container weight declaration while transporting
freight container | 3 150 | 315 |
|
| 70 | 193 (2) | each
consignor/packer commits offence if weight of freight container exceeds
maximum gross weight marked on container/container's safety approval plate |
10 490 |
|
|
| 71 | 194 (1) | consignee of goods by act or omission induces
or rewards contravention of mass, dimension or loading requirement | 10 490 |
|
|
72 | 488 | authorised officer not return identity card as required | 4 200
| 420 |
|
| 73 | 513 (4) | driver of heavy vehicle fail to comply with
authorised officer's direction to stop | 6 300 | 630 |
|
| 74 | 514 (3) |
driver of heavy vehicle fail to comply with authorised officer's direction not
to move vehicle/interfere with vehicle or equipment/interfere with vehicle
load | 6 300 | 630 |
|
| 75 | 516 (3) | driver/operator of heavy vehicle
fail to comply with authorised officer's direction to move stationary/stopped
vehicle | 6 300 | 630 |
|
| 76 | 517 (4) | driver/operator of heavy
vehicle fail to comply with authorised officer's direction to move vehicle/or
do anything else to avoid harm/obstruction | 6 300 | 630 |
|
| 77 | 522
(5) | person in charge/registered operator/owner of heavy vehicle not produce
vehicle for inspection as required by authorised officer's notice | 6 300 |
630 |
|
| 78 | 524 (5) |
|
|
|
|
| 78.1 |
• direction under 524 (2) |
driver of heavy vehicle fail to comply with authorised officer's direction to
vacate/not occupy driver's seat or leave/not enter vehicle | 6 300 | 630 |
|
78.2 | •
direction under 524 (3) | person accompanying driver fail to comply with
authorised officer's direction to leave/ not enter vehicle | 6 300 | 630 |
|
79 | 526 (4) | driver of heavy vehicle not give defect notice to operator as
required | 3 150 | 315 |
|
| 80 | 528 (3) | remove/deface defective
vehicle label attached to heavy vehicle | 3 150 | 315 |
|
| 81 | 529 |
|
|
|
|
81.1 | •
minor defect | use/permit to be used heavy vehicle in contravention of
vehicle defect notice—minor defect | 6 300 | 630 | 1 (NS) |
| 81.2 |
• major
defect | use/permit to be used heavy vehicle in contravention of vehicle
defect notice—major defect | 6 300 | 630 | 3 (NS) |
| 82 | 531 (4)
| person given notice of amendment/withdrawal fail to give notice to operator |
3 150 | 315 |
|
| 83 | 533 (7) | driver/operator of heavy vehicle fail to
comply with authorised officer's direction in relation to stated minor risk
breach of mass, dimension or loading requirements | 10 490 | 1 049 |
|
| 84
| 534 (5) | driver/operator of heavy vehicle fail to comply with authorised
officer's direction in relation to stated substantial risk breach of mass,
dimension or loading requirements | 10 490 | 1 049 |
|
| 85 | 535 (5) |
driver/operator of heavy vehicle fail to comply with authorised officer's
direction in relation to stated severe risk breach of mass, dimension or
loading requirements | 10 490 |
|
|
| 86 | 553 (3) | fail to comply with
authorised officer's requirement to enable seizure of thing | 10 490 |
|
|
|
87 | 558 (1) | fail to comply with embargo notice | 10 490 |
|
|
| 88 |
558 (3) | not take reasonable steps to stop someone else from contravening
embargo notice | 10 490 |
|
|
| 89 | 559 (3) | fail to comply with
authorised officer's requirement to seal/restrict access to/make inoperable
embargoed thing | 10 490 |
|
|
| 90 | 559 (4) | tamper with restricted
access/embargoed thing without authorised officer's approval | 10 490 |
|
|
91 | 559 (5) | enter restricted place/tamper with anything used to restrict
access to place without authorised officer's approval | 10 490 |
|
|
| 92 |
567 (4) | not state/give evidence of name/address/date of birth when required
by authorised officer | 3 150 | 315 |
|
| 93 | 567A | driver of heavy
vehicle not give licence when required by authorised officer | 20pu | 159 |
|
94 | 567B | responsible person/possessor not give particulars of
driver/written signed statement required by authorised officer | 20pu | 236
|
|
95 | 568 (3) | driver of heavy vehicle not give document/device/other thing
when required by authorised officer | an amount equal to amount of maximum
penalty for offence of failing to keep document/ device/other thing in
driver's possession | an amount equal to 10% of amount of maximum penalty for
offence of failing to keep document/ device/other thing in driver's possession
|
|
96 | 568 (7) | driver of heavy vehicle not certify copy or entry in document
when required by authorised officer | 3 150 | 315 |
|
| 97 | 569 (2) |
responsible person for heavy vehicle not make available or produce stated
document for inspection when required by authorised officer | 6 300 | 630 |
|
98 | 569 (7) | person responsible for keeping document not certify copy or
entry in document when required by authorised officer | 3 150 | 315 |
|
|
99 | 570 (3) | responsible person for heavy vehicle fail to comply with
authorised officer's requirement to give stated information/details to officer
| 6 300 |
|
|
| 100 | 573 (1) | fail to comply with improvement notice | 10
490 |
|
|
| 101 | 577 (4) | occupier or person at place/driver of heavy
vehicle fail to comply with authorised officer's requirement to give officer
reasonable help | 10 490 |
|
|
| 102 | 584 (1) | obstruct authorised
officer/helper/assistant exercising power | 10 490 |
|
|
| 103 | 585 |
impersonate authorised officer | 10 490 |
|
|
| 104 | 604 | fail to comply
with supervisory intervention order | 10 490 |
|
|
| 105 | 610 | fail to
comply with prohibition order | 10 490 |
|
|
| 106 | 636 (1) | executive
officer of corporation knowingly authorise/permit offence by corporation |
penalty for contravention of provision by individual |
|
|
| 107 | 636 (2) |
executive officer of corporation know/ought reasonably to know of
offence/substantial risk of offence by corporation | penalty for
contravention of provision by individual |
|
|
| 108 | 637 (4) | partner
knowingly authorise/permit offence/substantial risk of offence | penalty for
contravention of provision by individual |
|
|
| 109 | 637 (5) | partner
know/ought reasonably to know of offence/substantial risk of offence |
penalty for contravention of provision by individual |
|
|
| 110 | 638 (4) |
management member of unincorporated body knowingly authorise/permit offence |
penalty for contravention of provision by individual |
|
|
| 111 | 638 (5) |
management member of unincorporated body know/ought reasonably to know of
offence/substantial risk of offence | penalty for contravention of provision
by individual |
|
|
| 112 | 697 (3) | make improper use of
position/information because of exercise of functions under Heavy Vehicle
National Law (ACT) |
Australian Capital Territory Numbered Regulations