Australian Capital Territory Numbered Regulations

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ROAD TRANSPORT (MASS, DIMENSIONS AND LOADING) REGULATION 2010 (NO 4 OF 2010) - REG 61

Loading requirements

    (1)     A load on a vehicle or a trailer must be—

        (a)     placed in a way that does not make the vehicle unstable or unsafe; and

        (b)     secured so that it is unlikely to fall or be dislodged from the vehicle or trailer; and

        (c)     restrained using an appropriate method.

Note 1     Under the Act, s 509, a regulation may impose mass, dimension or loading requirements about the use of roads or road related areas by vehicles.

Note 2     A penalty may be imposed if a vehicle breaches a loading requirement (see Act, div 2.2.4).

    (2)     A load is taken to have failed to comply with subsection (1) if the load is not—

        (a)     placed in a way that meets the performance standards recommended in the Load Restraint Guide, as in force from time to time; or

        (b)     secured in a way that meets the performance standards recommended in the Load Restraint Guide, as in force from time to time; or

        (c)     restrained in a way that meets the performance standards recommended in the Load Restraint Guide, as in force from time to time.

    (3)     Subsection (1) does not apply if—

        (a)     the load, or part of the load, fell off the vehicle; and

        (b)     the prosecution relies on subsection (2); and

        (c)     the defendant took reasonable steps to meet the performance standards in the Load Restraint Guide.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58).

    (4)     In this section:

"Load Restraint Guide "means the Load Restraint Guide: Guidelines and performance standards for the safe carriage of loads on road vehicles, Second Edition , published by the National Transport Commission in April 2004.

Note 1     The Load Restraint Guide is accessible at www.ntc.gov.au.

Note 2     The Legislation Act, s 47 (6) is disapplied for the Load Restraint Guide (see  s 69).

Division 4.2     Checking and measuring procedures



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