{"id":"heavy-vehicle-national-law-south-australia-expiation-fees-regulations-2013","name":"Heavy Vehicle National Law (South Australia) (Expiation Fees) Regulations 2013","slug":"heavy-vehicle-national-law-south-australia-expiation-fees-regulations-2013","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235636,"registerId":"sa-heavy-vehicle-national-law-south-australia-expiation-fees-regulations-2013-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Heavy Vehicle National Law (South Australia) (Expiation Fees) Regulations 2013","content":"South Australia\nHeavy Vehicle National Law (South Australia) (Expiation Fees) Regulations 2013\nunder the Heavy Vehicle National Law (South Australia) Act 2013\n\nContents\n1\tShort title\n3\tInterpretation\n4\tPrescribed offences and expiation fees\n5\tIncrease of expiation fees for prescribed offences\nSchedule 1—Offences, prescribed offences and expiation fees\nPart 1—Offences against the local application provisions of the Act\nPart 2—Prescribed offences against the Heavy Vehicle National Law (South Australia)\nDivision 1—Prescribed offences for purposes of section 591 of the Law\nDivision 2—Prescribed offences peculiar to South Australia\nPart 3—Prescribed offences against the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (South Australia)\nPart 4—Prescribed offences against the Heavy Vehicle (Fatigue Management) National Regulation (South Australia)\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Heavy Vehicle National Law (South Australia) (Expiation Fees) Regulations 2013.\n3—Interpretation\n\t(1)\tIn these regulations, unless the contrary intention appears—\nAct means the Heavy Vehicle National Law (South Australia) Act 2013;\nLaw means the Heavy Vehicle National Law (South Australia).\n\t(2)\tText set out in italic type in a column headed \"Description of offence\" in a table in Schedule 1 is a description for convenience purposes only and is not to be taken to define the offence for which a particular amount is fixed as the expiation fee.\n4—Prescribed offences and expiation fees\n\t(1)\tPursuant to section 28(3)(f) of the Act, the expiation fees set out in a column headed \"Fee\" in the table in Part 1 of Schedule 1 are fixed for alleged offences against the local application provisions of the Act.\n\t(2)\tPursuant to section 28(3)(g) of the Act—\n\t(a)\tan offence against a section of the Law referred to in a column headed \"Section\" in the table in Part 2 Division 1 of Schedule 1 is a prescribed offence for the purposes of section 591 of the Law; and\n\t(b)\tan offence against a section of the Law referred to in a column headed \"Section\" in the table in Part 2 Division 2 of Schedule 1 is a prescribed offence for the purposes of section 591 of the Law that is peculiar to South Australia; and\n\t(c)\tthe expiation fees set out in a column headed \"Fee\" in the table in Part 2 Division 1 of Schedule 1 are the penalties fixed in accordance with section 737 of the Law for the alleged prescribed offences against the Law shown in the table and are included for convenience purposes only; and\nNote—\nSee https://www.nhvr.gov.au/law-policies/penalties for the Regulator's list of penalties and see regulation 5.\n\t(d)\tthe expiation fees set out in a column headed \"Fee\" in the table in Part 2 Division 2 of Schedule 1 are fixed for alleged prescribed offences against the Law that are peculiar to South Australia.\n\t(3)\tPursuant to section 28(3)(g) of the Act—\n\t(a)\tan offence against the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (South Australia) referred to in a column headed \"Regulation\" in the table in Part 3 of Schedule 1 is a prescribed offence for the purposes of section 591 of the Law; and\n\t(b)\tthe expiation fees set out in a column headed \"Fee\" in the table in Part 3 of Schedule 1 are the penalties fixed in accordance with section 737 of the Law for alleged prescribed offences against those national regulations and are included for convenience purposes only.\nNote—\nSee https://www.nhvr.gov.au/law-policies/penalties for the Regulator's list of penalties and see regulation 5.\n\t(4)\tPursuant to section 28(3)(g) of the Act—\n\t(a)\tan offence against the Heavy Vehicle (Fatigue Management) National Regulation (South Australia) referred to in a column headed \"Regulation\" in the table in Part 4 of Schedule 1 is a prescribed offence for the purposes of section 591 of the Law; and\n\t(b)\tthe expiation fees set out in a column headed \"Fee\" in the table in Part 4 of Schedule 1 are the penalties fixed in accordance with section 737 of the Law for alleged prescribed offences against those national regulations and are included for convenience purposes only.\nNote—\nSee https://www.nhvr.gov.au/law-policies/penalties for the Regulator's list of penalties and see regulation 5.\n5—Increase of expiation fees for prescribed offences\n\t(1)\tSection 737 of the Law provides that, at the start of 1 July of each year, beginning with 1 July 2014, the amount of each penalty for an offence will be increased, from the amount that applied immediately before that 1 July, in accordance with the method prescribed by the national regulations for the purposes of that section.\nNote—\nAs soon as practicable but before 1 July of each year, the Regulator will publish on the Regulator's website the amounts of each penalty applying as from that date—see https://www.nhvr.gov.au/law-policies/penalties.\n\t(3)\tThe amount of the expiation fees for the financial year commencing 1 July 2014, and each subsequent financial year, for a prescribed offence against the Law is the adjusted amount for that financial year and will be the amount as shown and published on the Regulator's website.\n\t(4)\tSubregulation (3) does not apply to expiation fees fixed for a prescribed offence against the Law peculiar to South Australia (see Part 2 Division 1 of Schedule 1).\nNote—\nExpiation fees fixed for prescribed offences peculiar to South Australia may be adjusted from time to time by variation of these regulations.\nSchedule 1—Offences, prescribed offences and expiation fees\nPart 1—Offences against the local application provisions of the Act\n\nSection\nDescription of offence\nFee\n19(2)\nFailure to comply with a direction given under section 19(1)\n$600\n21(1)\nSale or other disposal of a heavy vehicle in respect of which a vehicle defect notice is in force\n$300\nPart 2—Prescribed offences against the Heavy Vehicle National Law (South Australia)\nDivision 1—Prescribed offences for purposes of section 591 of the Law\n\nSection\nDescription of offence\nFee\n25A(1)\nFailure of driver of PBS vehicle to keep a copy of PBS vehicle approval in driver's possession while driving the vehicle\n$411\n25A(2)\nFailure of relevant party to ensure that driver complies with section 25A(1)\n$411\n60(1)\nUsing, or permitting the use of, a heavy vehicle that contravenes a heavy vehicle standard—\n\n\n\t(a)\tif the heavy vehicle standard relates to a speed limiter\n$825\n\n\t(b)\tin any other case\n$411\n79(2)\nFailure to comply with notice to return vehicle standards exemption (permit) to Regulator within specified period\n$547\n81(1)\nContravening a condition of a vehicle standards exemption\n$547\n81(2)\nUsing, or permitting the use of, a heavy vehicle that contravenes a condition of a vehicle standards exemption\n$547\n81(3)\nUsing or permitting the use of a heavy vehicle in a way that contravenes a condition of a vehicle standards exemption\n$547\n82(2)\nFailure of driver to comply with condition under vehicle standards exemption (notice) to keep relevant document in driver's possession\n$411\n82(3)\nFailure of relevant party to ensure driver complies with section 82(2)\n$411\n83(1)\nFailure of driver to keep a copy of vehicle standards exemption (permit) in driver's possession\n$411\n83(2)\nFailure of driver to return copy of vehicle standards exemption (permit) to relevant party when driver stops working\n$411\n83(3)\nFailure of relevant party to ensure driver complies with section 83(2)\n$411\n85(1)\nModifying a heavy vehicle without approval by approved vehicle examiner or Regulator\n$411\n85(2)\nUsing or permitting the use of a heavy vehicle that has been modified without approval by approved vehicle examiner or Regulator\n$411\n86(2)\nFailure of approved vehicle examiner to give approved certificate and ensure plate or label is fitted or affixed to vehicle\n$411\n87A(1)\nTampering with plate or label fitted to or affixed to a heavy vehicle under section 86(2) or 87(3)\n$411\n89(1)\nUsing or permitting the use of an unsafe heavy vehicle\n$825\n90(1)\nUsing or permitting the use of a heavy vehicle not fitted with emission control system for each relevant emission\n$411\n90(2)\nUsing or permitting the use of emission control system that is not operating in accordance with manufacturer's design\n$411\n90(3)\nUsing or permitting the use of an emission control system resulting in a failure to comply with heavy vehicle standard\n$411\n92(2)\nUsing or permitting the use of a heavy vehicle displaying a warning sign where the sign is not required to be displayed\n$411\n96(1)\nFailure of person who drives, or permits another person to drive, a heavy vehicle to ensure vehicle, components and load comply with mass requirements—\n\n\n\t(a)\tfor a minor risk breach\n$547\n\n\t(b)\tfor a substantial risk breach\n$825\n102(1)(a)\nFailure of person who drives, or permits another person to drive, a heavy vehicle to ensure vehicle, components and load comply with dimension requirements where vehicle does not have goods or passengers in it\n$411\n102(1)(b)\nFailure of person who drives, or permits another person to drive, a heavy vehicle to ensure vehicle, components and load comply with dimension requirements where vehicle has goods or passengers in it—\n\n\n\t(a)\tfor a minor risk breach\n$411\n\n\t(b)\tfor a substantial risk breach\n$687\n109(2)\nUsing or permitting the use of a heavy vehicle without fixing the required flag or light to back of the load\n$411\n111(1)\nFailure of person who drives, or permits another person to drive, a heavy vehicle to ensure vehicle, components and load comply with loading requirements—\n\n\n\t(a)\tfor a minor risk breach\n$411\n\n\t(b)\tfor a substantial risk breach\n$687\n129(1)\nDriver or operator of heavy vehicle contravening a condition of a mass or dimension exemption\n$825\n129(2)\nUsing or permitting the use of a heavy vehicle that contravenes a condition of a mass or dimension exemption\n$825\n129(3)\nUsing or permitting the use of a heavy vehicle in a way that contravenes a condition of a mass or dimension exemption\n$825\n130(2)\nFailure of driver of pilot or escort vehicle to comply with conditions of a mass or dimension exemption\n$825\n131(1)\nFailure of driver of a pilot vehicle to ensure that the accompanying heavy vehicle is not contravening a condition of exemption\n$825\n132(2)\nFailure of driver of class 1 or class 3 heavy vehicle to comply with condition under mass or dimension exemption (notice) to keep relevant document in driver's possession\n$411\n132(3)\nFailure of relevant party to ensure driver complies with section 132(2)\n$411\n133(1)\nFailure of driver of a class 1 or class 3 heavy vehicle to keep a copy of a mass or dimension exemption (permit) in driver's possession\n$411\n133(2)\nFailure of driver of a class 1 or class 3 heavy vehicle to return copy of mass or dimension exemption (permit) to relevant party when driver stops working\n$547\n133(3)\nFailure of relevant party to ensure driver complies with section 133(1)\n$411\n134(1)\nDisplaying a heavy vehicle warning sign on a heavy vehicle not being used under a dimension exemption\n$411\n134(2)\nDisplaying a pilot vehicle warning sign on a vehicle not being used as a pilot vehicle for a heavy vehicle being used under a dimension exemption\n$411\n137\nUsing or permitting the use of a class 2 heavy vehicle other than in accordance with a class 2 heavy vehicle authorisation\n$825\n150(1)\nDriver or operator of a class 2 heavy vehicle contravening a condition of a class 2 heavy vehicle authorisation\n$825\n151(2)\nFailure of driver of a class 2 heavy vehicle to comply with a condition of a class 2 heavy vehicle authorisation (notice) to keep relevant document in driver's possession\n$411\n151(3)\nFailure of relevant party to ensure driver complies with section 151(2)\n$411\n152(1)\nFailure of driver of a class 2 heavy vehicle to keep copy of class 2 heavy vehicle authorisation (permit) in driver's possession\n$411\n152(2)\nFailure of driver to return copy of class 2 heavy vehicle authorisation (permit) to relevant party\n$547\n152(3)\nFailure of relevant party to ensure driver complies with section 152(1)\n$411\n153A(1)\nUsing or permitting the use of a restricted access vehicle on a road other than one on which the vehicle is allowed to be used under an applicable mass or dimension authority\n$825\n181(3)\nFailure to comply with notice requiring return of permit for mass or dimension authority to Regulator within specified time\n$547\n184(1)\nDriving a heavy vehicle while towing more than 1 other vehicle other than as permitted by section 184(2)\n$411\n185(1)\nUsing or permitting the use of a trailer not securely coupled to the vehicle in front of it in a heavy combination\n$825\n185(2)\nUsing or permitting the use of incompatible or improperly connected components of a coupling in a heavy combination\n$825\n190(1)\nFailure of responsible entity to ensure operator or driver of a heavy vehicle does not transport freight container without a complying container weight declaration\n$825\n191(1)\nFailure of operator of a heavy vehicle to ensure vehicle's driver does not transport freight container without a complying container weight declaration\n$825\n191(3)\nFailure of operator of a heavy vehicle to ensure freight container is not given to carrier unless carrier has been provided with complying container weight declaration or prescribed particulars\n$825\n192(1)\nDriving a heavy vehicle loaded with freight container without a complying container weight declaration for the container\n$825\n192(2)\nFailure of driver of a heavy vehicle to keep the complying container weight declaration in or about the vehicle and in a way readily available to an authorised officer\n$411\n250(1)\nFailure of solo driver of a fatigue‑regulated heavy vehicle to comply with standard hours—\n\n\n\t(a)\tfor a minor risk breach\n$547\n\n\t(b)\tfor a substantial risk breach\n$825\n\n\t(c)\tfor a severe risk breach\n$1 373\n251(1)\nFailure of two‑up driver of a fatigue‑regulated heavy vehicle to comply with standard hours—\n\n\n\t(a)\tfor a minor risk breach\n$547\n\n\t(b)\tfor a substantial risk breach\n$825\n\n\t(c)\tfor a severe risk breach\n$1 373\n254(1)\nFailure of solo driver of a fatigue‑regulated heavy vehicle to comply with BFM hours—\n\n\n\t(a)\tfor a minor risk breach\n$547\n\n\t(b)\tfor a substantial risk breach\n$825\n\n\t(c)\tfor a severe risk breach\n$1 373\n256(1)\nFailure of two‑up driver of a fatigue‑regulated heavy vehicle to comply with BFM hours—\n\n\n\t(a)\tfor a minor risk breach\n$547\n\n\t(b)\tfor a substantial risk breach\n$825\n\n\t(c)\tfor a severe risk breach\n$1 373\n258(1)\nFailure of driver of fatigue‑regulated heavy vehicle to comply with AFM hours—\n\n\n\t(a)\tfor a minor risk breach\n$547\n\n\t(b)\tfor a substantial risk breach\n$825\n260(1)\nFailure of driver of fatigue‑regulated heavy vehicle to comply with exemption hours—\n\n\n\t(a)\tfor a minor risk breach\n$547\n\n\t(b)\tfor a substantial risk breach\n$825\n263(1)\nFailure of driver of fatigue‑regulated heavy vehicle to comply with change of work and rest hours option requirements\n$547\n284(2)\nFailure to comply with notice to return work and rest hours exemption (permit) to Regulator within specified period\n$825\n286(1)\nFailure to comply with a condition of a work and rest hours exemption\n$825\n287(2)\nFailure of driver of fatigue‑regulated heavy vehicle operating under a work and rest hours exemption (notice) to keep a relevant document in driver's possession\n$411\n287(3)\nFailure of relevant party to ensure driver complies with section 287(2)\n$411\n288(1)\nFailure of driver of a fatigue‑regulated heavy vehicle to keep a copy of work and rest hours exemption (permit) in the driver's possession\n$411\n288(2)\nFailure of driver of a fatigue‑regulated heavy vehicle to return copy of work and rest hours exemption (permit) to relevant party in certain circumstances\n$547\n288(3)\nFailure of relevant party to ensure driver complies with section 288(1)\n$411\n293(1)\nFailure of driver of a fatigue‑regulated heavy vehicle to keep a work diary, record required information and keep the diary in the driver's possession\n$825\n296(1)\nFailure of driver to record required information in work diary in the manner and at the time prescribed by the national regulations\n$206\n297(2)\nFailure of driver to record required information immediately after starting work on a day\n$825\n298(1)\nFailure of driver of a fatigue‑regulated heavy vehicle to record the odometer reading as required by the national regulations\n$206\n299\nFailure of two‑up driver to provide details prescribed by the national regulations as requested by the other driver\n$411\n301\nFailure of driver to comply with requirements for recording information in written work diary\n$206\n302\nFailure of driver to comply with requirements for recording information in electronic work diary\n$206\n303\nFailure of driver to record time in work diary according to the time zone of driver's base location\n$206\n305(1)\nFailure of driver of fatigue‑regulated heavy vehicle to record required information in supplementary record\n$825\n305(2)\nFailure to comply with requirements for recording information in supplementary record not in electronic form\n$411\n305(3)\nFailure of driver to record time in supplementary record according to the time zone of driver's base location\n$206\n306\nFailure of driver of fatigue‑regulated heavy vehicle to notify the Regulator within 2 business days in the approved form when a written work diary has been filled up, destroyed, lost or stolen\n$411\n307(2)\nFailure of driver to notify the Regulator within 2 business days in the approved form when an electronic work diary has been filled up, destroyed, lost or stolen or is not in working order\n$411\n307(3)\nFailure of driver to ensure electronic work diary is examined and brought into working order within period required by Regulator\n$411\n308(1)\nFailure of driver to comply with the requirements when an old work diary is found or returned\n$411\n309(2)\nFailure to inform the driver's record keeper within 2 business days of becoming aware of a matter specified in section 309(1)\n$411\n310(2)\nFailure to inform the driver's record keeper within 2 business days of becoming aware of matters specified in section 310(1)\n$825\n312(3)\nFailure of record keeper to notify the Regulator within 2 business days of destroyed, lost or stolen electronic work diary\n$825\n319(1)\nFailure of record keeper to comply with requirements specified in section 319(1)\n$825\n319A(2)\nFailure of driver to record information specified in section 319(1)(a)(iii) to (vi) within 24 hours or provide information specified in section 319(1) to record keeper within 21 days\n$411\n321(1)\nFailure of record keeper to comply with requirements specified in section 321(1)\n$825\n321(3)\nFailure of record keeper to record information required if driver is operating under BFM or AFM hours\n$825\n322(2)\nFailure of driver to give copy of work diary entry or supplementary record to each record keeper within 21 days\n$411\n323(2)\nFailure of driver to give new record keeper a copy of information recorded in a work diary relating to the 28 day period before the change to the new record keeper\n$411\n324(2)\nFailure of record keeper to give driver who stops using the electronic work diary a copy of information recorded in the diary for each day the driver was using the diary\n$411\n324A(2)\nFailure of record keeper to give the driver a copy of the record or make the record available etc\n$206\n341(1)\nFailure of record keeper to keep records required under Division 3 for 3 years after specified day\n$825\n341(2)\nFailure of record keeper to keep records required under Division 9 or Division 10 for specified period\n$825\n341(3)\nFailure of record keeper to ensure record (or copy) is readily available to an authorised officer at the record location\n$411\n341(4)\nFailure of driver who is his or her own record keeper to ensure record (or copy) is readily available to an authorised officer at the record location\n$411\n341(5)\nFailure of record keeper to ensure record (or copy) is readable, reasonably capable of being understood and capable of being used as evidence\n$825\n341(7)\nFailure of record keeper to ensure information recorded in an electronic work diary is maintained so as to comply with the Regulator's conditions and manufacturer's instructions\n$206\n354(3)\nFailure of holder of an electronic recording system approval to comply with a direction of the Regulator\n$825\n354(5)\nFailure of a person to whom a notice has been given of amended conditions of an electronic recording system approval to give a copy of the notice to each person supplied by that person with an electronic recording system or a device forming part of the system\n$825\n355(2)\nFailure of holder of approval of an electronic recording system that constitutes a part or the whole of an electronic work diary to remove any electronic message on the system's visual display within the period required by the Regulator\n$825\n355(4)\nFailure of holder of an approval to comply with a direction of the Regulator\n$825\n355(6)\nFailure of person to whom a notice that the approval has been cancelled to give a notice to each other person to whom the person has supplied an electronic recording system the subject of the approval that the approval has been cancelled\n$825\n373(2)\nFailure to comply with notice requiring return of work diary exemption (permit) to Regulator\n$825\n375\nContravention of a condition of a work diary exemption\n$825\n376(2)\nFailure of driver of a fatigue‑regulated heavy vehicle to comply with a condition under a work diary exemption (notice) to keep relevant document in driver's possession\n$411\n376(3)\nFailure of relevant party to ensure driver complies with section 376(2)\n$411\n377\nFailure of a driver of a fatigue‑regulated heavy vehicle to keep a copy of work diary exemption (permit) in the driver's possession\n$411\n392(2)\nFailure to comply with notice requiring return of fatigue record keeping exemption (permit) to Regulator\n$825\n395\nContravention of a condition of a fatigue record keeping exemption\n$825\n396(2)\nFailure of owner of a fatigue‑regulated heavy vehicle to maintain odometer in accordance with requirements prescribed by the national regulations\n$825\n399(2)\nDriving or permitting a person to drive a fatigue‑regulated heavy vehicle without complying with section 398\n$825\n466(2a)\nOperator must attach the accreditation label for a relevant vehicle in a way that the label is readable from the outside; and is not obscured, defaced or otherwise not legible\n$411\n466(2b)\nA person must not drive a relevant vehicle if the vehicle's accreditation label is not attached to the vehicle; or, is attached to the vehicle in a way that the label is wholly or partly obscured, defaced or otherwise not legible\n$411\n467\nFailure of holder of BFM or AFM accreditation to comply with accreditation conditions\n$825\n468(1)\nFailure of driver operating under BFM accreditation or AFM accreditation to keep certain documents in driver's possession\n$411\n468(3)\nFailure of operator to ensure driver complies with section 468(1)\n$411\n469(2)\nFailure of driver operating under a BFM accreditation or AFM accreditation to return document to operator as soon as reasonably practicable\n$547\n470(3)\nFailure of operator to inform driver operating under AFM accreditation of the AFM hours applying under the accreditation\n$825\n470(8)\nFailure of operator to comply with a requirement under section 470(7)\n$411\n471(2)\nFailure of operator to give notice to driver or scheduler of amendment, suspension or cessation of heavy vehicle accreditation\n$825\n471(3)\nFailure of driver to return to the operator any document relevant to the notice given to the driver by the operator for the purposes of section 468(1)\n$547\n476(2)\nFailure to return accreditation certificate to Regulator within specified period\n$825\n488\nFailure to return identity card to Regulator within specified period\n$547\n513(4)\nFailure to comply with a direction given under section 513(1)\n$825\n514(3)\nFailure to comply with a direction given under section 514(1)\n$825\n516(3)\nFailure to comply with a direction given under section 516(1)\n$825\n517(4)\nFailure to comply with a direction given under section 517(2)\n$825\n522(5)\nFailure to produce a heavy vehicle for inspection at the place and time stated in the notice\n$825\n524(5)\nFailure to comply with a direction given under section 524(2) or (3)\n$825\n526(4)\nFailure of driver of a heavy vehicle who is not the operator of the vehicle to give vehicle defect notice to operator as soon as practicable within 14 days after notice issued\n$411\n528(3)\nRemoving or defacing a defective vehicle label attached to a heavy vehicle\n$411\n529\nUsing or permitting the use of a heavy vehicle in contravention of a vehicle defect notice—\n\n\n\t(a)\tfor a major defect notice or minor defect notice\n$825\n\n\t(b)\tfor a self‑clearing defect notice\n$411\n531(4)\nFailure of person who is not the operator of a heavy vehicle who is given notice of an amendment or withdrawal, to give the notice to the operator as soon as reasonably practicable\n$411\n533(7)\nFailure to comply with a direction given under section 533\n$1 373\n534(5)\nFailure to comply with a direction given under section 534\n$1 373\n567(4)\nFailure to comply with a requirement made under section 567(2) or (3)\n$411\n568(3)\nFailure to comply with a requirement made under section 568(2)—\n\n\n\t(a)\tif the requirement is for the driver to produce the driver's driver licence under subsection (2)(a)\n$825\n\n\t(b)\tif the requirement is for the driver to produce a document, device or other thing under subsection (2)(b)\nAn amount equal to 10% of the amount of the maximum penalty for an offence of failing to keep the document, device or other thing in the driver's possession\n568(7)\nFailure to comply with a requirement given under section 568(6)\n$411\n569(2)\nFailure to comply with a requirement made under section 569(1)\n$825\n569(7)\nFailure to comply with a requirement made under section 569(6)\n$411\nDivision 2—Prescribed offences peculiar to South Australia\n\nSection\nDescription of offence\nFee\n322(4)\nFailure of record keeper to ensure driver complies with section 322(2)\n$411\n577(4)\nFailure to comply with a requirement made under section 577(1) or (2)\n$1 373\nPart 3—Prescribed offences against the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (South Australia)\n\nRegulation\nDescription of offence\nFee\n16(2)\nUsing or permitting the use of HML heavy vehicle under higher mass limits in an area or on a route to which the HML declaration applies where vehicle is neither equipped for monitoring by an approved intelligent transport system nor covered by an intelligent access agreement\n$411\n28\nDriver or operator of HML heavy vehicle contravening a condition of HML permit\n$411\n34(2)\nFailure to comply with a notice to return HML permit\n$547\nPart 4—Prescribed offences against the Heavy Vehicle (Fatigue Management) National Regulation (South Australia)\n\nRegulation\nDescription of offence\nFee\n18A(1)\nFailure of driver on changing from 1 form of work diary to another to record certain information in compliance with subsection (2)\n$206\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2013\n296\nGazette 19.12.2013 p5016\n10.2.2014: r 2\n2014\n181\nGazette 19.6.2014 p2785\n1.7.2014: r 2\n2015\n164\nGazette 18.6.2015 p2845\n1.7.2015: r 2\n2016\n2\nGazette 14.1.2016 p97\n6.2.2016: r 2\n2016\n23\nGazette 21.4.2016 p1264\n21.4.2016: r 2\n2016\n163\nGazette 23.6.2016 p2455\n1.7.2016: r 2\n2017\n184\nGazette 22.6.2017 p2487\n1.7.2017: r 2\n2018\n111\nGazette 21.6.2018 p2295\n1.7.2018: r 2\n2018\n213\nGazette 27.9.2018 p3576\n1.10.2018: r 2\n2018\n215\nGazette 27.9.2018 p3603\n1.10.2018 immediately after 213/2018: r 2\n2019\n154\nGazette 13.6.2019 p2132\n1.7.2019: r 2\n2020\n13\nGazette 20.2.2020 p419\n28.2.2020: r 2\n2020\n88\nGazette 4.6.2020 p2879\n1.7.2020: r 2\n2021\n74\nGazette 3.6.2021 p1885\n1.7.2021: r 2\n2022\n33\nGazette 10.6.2022 p1498\n1.7.2022: r 2\n2023\n37\nGazette 18.5.2023 p1007\n1.7.2023: r 2\n2024\n35\nGazette 16.5.2024 p909\n1.7.2024: r 2\n2025\n28\nGazette 15.5.2025 p1214\n1.7.2025: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2014\nr 4\n\n\nr 4(2)\nvaried by 181/2014 r 4(1)\n1.7.2014\nr 4(3)\nvaried by 181/2014 r 4(2)\n1.7.2014\nr 4(4)\ninserted by 163/2016 r 4\n1.7.2016\nr 5\n\n\nr 5(1)\nvaried by 181/2014 r 5(1)\n1.7.2014\nr 5(2)\ndeleted by 181/2014 r 5(2)\n1.7.2014\nr 5(3)\nvaried by 181/2014 r 5(3)\n1.7.2014\nr 5(5)\ndeleted by 181/2014 r 5(4)\n1.7.2014\nSch 1 before substitution by 163/2016\nsubstituted by 181/2014 r 6\n1.7.2014\n\nsubstituted by 164/2015 r 4\n1.7.2015\nPt 2\nvaried by 2/2016 r 4(1)—(17)\n6.2.2016\n\nvaried by 23/2016 r 4(1)—(4)\n21.4.2016\nSch 1 before substitution by 154/2019\nsubstituted by 163/2016 r 5\n1.7.2016\n\nsubstituted by 184/2017 r 4\n1.7.2017\n\nsubstituted by 111/2018 r 4\n1.7.2018\nPt 2\nsubstituted by 213/2018 r 4\n1.10.2018\n\nvaried by 215/2018 r 4(1), (2)\n1.10.2018\nSch 1 before substitution by 88/2020\nsubstituted by 154/2019 r 4\n1.7.2019\nPt 2\nvaried by 13/2020 r 4(1)—(8)\n28.2.2020\nSch 1\nsubstituted by 88/2020 r 4\n1.7.2020\n\nsubstituted by 74/2021 r 4\n1.7.2021\n\nsubstituted by 33/2022 r 3\n1.7.2022\n\nsubstituted by 37/2023 r 3\n1.7.2023\n\nsubstituted by 35/2024 r 3\n1.7.2024\n\nsubstituted by 28/2025 r 3\n1.7.2025\nHistorical versions\n1.7.2014\n\n1.7.2015\n\n6.2.2016\n\n21.4.2016\n\n1.7.2016\n\n1.7.2017\n\n1.7.2018\n\n1.10.2018\n\n1.7.2019\n\n28.2.2020\n\n1.7.2020\n\n1.7.2021\n\n1.7.2022\n\n1.7.2023\n\n1.7.2024\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulations' substantive list of offences and fee amounts has been repeatedly varied and Schedule 1 substituted several times (see 'Provisions varied' and Legislative history entries). The instrument now combines fixed South Australia‑specific expiation fees with nationally indexed penalties: annual indexation under s737 of the Law is implemented here (r5), and multiple amendments between 2014 and 2025 altered which offences and amounts apply."},"complexity_factors":["Large, detailed schedule enumerating many distinct offences and multiple fee tiers (Schedule 1, Parts 1–4).","Cross-references to the Heavy Vehicle National Law and several national regulations require reading multiple instruments to determine legal effect (rr 3(1), 4(2)–(4)).","Annual automatic adjustment mechanism: penalties are increased each 1 July under section 737 of the Law using a national method, with adjusted amounts published by the Regulator (r5(1), r5(3)).","Distinct treatment of nationally prescribed offences versus South Australia‑peculiar prescribed offences (r4(2)(b), r4(4)); some fees are fixed here while others follow Regulator adjustments (r4(2)(c), r4(3)(b), r4(4)(b)).","Some entries are expressed as formulas or percentages rather than fixed amounts (e.g. item 568(3)(b) — 10% of the maximum penalty), increasing interpretive steps.","Multiple risk‑graded penalties (minor/substantial/severe) across fatigue, mass and loading rules require contextual assessment of breach severity (e.g. ss 250–258 entries in Schedule 1).","Frequent legislative variations and substitutions of Schedule 1 and related provisions across 2014–2025 add history to any compliance or reconciliation exercise (Legislative history; 'Provisions varied').","Operational discretion lies with the National Regulator to publish and apply adjusted amounts and to maintain the Regulator's list of penalties (r5 notes; r4 notes referencing the Regulator's website)."],"plain_english_summary":"These regulations set the on-the-spot expiation fees for alleged breaches of the Heavy Vehicle National Law and related national regulations in South Australia. They list specific offences and dollar amounts that apply to drivers, operators, owners and record keepers.\n\nSome fees are fixed here while many prescribed penalties are annually adjusted under the Law and published by the National Regulator (r5(3)). The instrument therefore specifies who pays and the nominal amounts, and links routine increases to the national penalty‑adjustment method."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: setting expiation fees for heavy vehicle offences. While the Schedule has been substituted multiple times (11 times since 2014) to update fee amounts and add new offences as the national law evolves, this represents natural evolution within the original scope rather than scope creep. The regulation has not expanded to cover new subject matters beyond fine-setting for heavy vehicle compliance."},"complexity_factors":["Extensive cross-referencing to the Heavy Vehicle National Law (South Australia) and associated national regulations, requiring readers to flip between multiple instruments to understand the full offence","Schedule 1 contains approximately 90+ individual offence items with varying fee structures based on risk levels (minor/substantial/severe)","Dual fee systems: some fees are fixed in the regulations while others are 'convenience' references to penalties set elsewhere by the national regulator","Annual indexation mechanism (regulation 5) creates a dynamic fee structure that changes yearly based on external calculations","Distinction between 'prescribed offences' under section 591 of the Law and offences 'peculiar to South Australia' creates two parallel enforcement tracks","Nested conditional logic in offence descriptions (e.g., 'if the heavy vehicle standard relates to a speed limiter' vs 'in any other case')","Multiple defined terms in section 3 that import meanings from the parent Act and the Law"],"plain_english_summary":"This is a South Australian regulation that sets out the **on-the-spot fine amounts** (called \"expiation fees\") for truck drivers and operators who break heavy vehicle laws.\n\n**What it does:**\n- Lists specific offences under South Australia's heavy vehicle laws and assigns a dollar amount to each one\n- Covers everything from **fatigue management breaches** (driving too many hours), **overloading**, **vehicle safety defects**, **paperwork failures** (like not keeping proper work diaries), to **speed limiter tampering**\n- Allows drivers to pay a fixed penalty to avoid going to court for minor offences\n\n**Who it affects:**\n- **Truck drivers** (solo and two-up drivers)\n- **Transport operators** and **record keepers**\n- **Vehicle owners** and **schedulers**\n- Anyone involved in the **heavy vehicle industry** in South Australia\n\n**Key features:**\n- **Tiered penalties**: More serious breaches cost more. For example, fatigue breaches range from **$547** (minor risk) to **$1,373** (severe risk)\n- **Annual increases**: Most fees automatically go up each year on 1 July based on a formula set by the national regulator (the NHVR)\n- **South Australian quirks**: Some offences only apply in SA (like specific record-keeping rules), while others mirror national laws\n- **Convenience vs. court**: Paying the expiation fee means avoiding criminal prosecution, but the amounts are substantial—ranging from **$206** for minor paperwork slip-ups to **$1,373** for serious safety breaches\n\n**Why it matters:**\nThis regulation gives the trucking industry certainty about the financial consequences of non-compliance. It also keeps minor offences out of the court system while ensuring serious safety breaches carry meaningful penalties."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess whether scope changed from original intent — the full text of the legislation was not retrievable due to a website error. Based on the title alone, the regulation appears to serve its stated narrow purpose of prescribing expiation fee amounts under the Heavy Vehicle National Law as applied in South Australia. No scope drift can be confirmed or denied without access to the actual content."},"complexity_factors":["The regulation title suggests it is likely a straightforward schedule of fee amounts rather than complex substantive law","Expiation fee regulations are typically mechanical in nature — listing offences and corresponding dollar amounts","However, the underlying Heavy Vehicle National Law itself is highly complex, and this regulation operates within that complex framework","Full text was unavailable, so complexity cannot be properly assessed — score reflects the typical nature of fee-setting regulations of this type","National Law regulations can involve cross-jurisdictional considerations that add modest complexity"],"plain_english_summary":"This regulation sets the dollar amounts for expiation fees under the Heavy Vehicle National Law in South Australia — i.e., the on‑the‑spot fines heavy vehicle drivers, operators and transport businesses can pay instead of facing court for offences like overloading, speeding, fatigue or defects. The regulation’s full text wasn’t available, so consult SA legislation sources for current amounts."}},"importantCases":[],"_links":{"self":"/api/acts/heavy-vehicle-national-law-south-australia-expiation-fees-regulations-2013","history":"/api/acts/heavy-vehicle-national-law-south-australia-expiation-fees-regulations-2013/history","analysis":"/api/acts/heavy-vehicle-national-law-south-australia-expiation-fees-regulations-2013/analysis","conflicts":"/api/acts/heavy-vehicle-national-law-south-australia-expiation-fees-regulations-2013/conflicts","importantCases":"/api/acts/heavy-vehicle-national-law-south-australia-expiation-fees-regulations-2013/important-cases","documents":"/api/acts/heavy-vehicle-national-law-south-australia-expiation-fees-regulations-2013/documents"}}