8Limitation imposed by manufacturer’s mass limits or other stated limit

8 Limitation imposed by manufacturer’s mass limits or other stated limit

8 Limitation imposed by manufacturer’s mass limits or other stated limit

(1) Subsection (2) applies if the general mass limits or a mass exception provides for a mass limit for a heavy vehicle in excess of—

(a) the manufacturer’s mass limits; or

(b) the limit stated in subsection (3) for the purposes of this paragraph.

(2) The manufacturer’s mass limits or the limit stated in subsection (3) applies and the general mass limits or mass exception does not apply.

(3) For the purposes of subsection (1)(b), the limit is, for a combination—

(a) the towing vehicle of which does not have a GCM; and

(b) fitted with a single-drive axle, single-drive tandem axle group or dual-drive tandem axle group;

the mass, in kilograms, worked out under section 9.

(4) Subsection (5) applies if the general mass limits or a mass exception provides for a mass limit for a component of a heavy vehicle in excess of the manufacturer’s mass limits for the component.

(5) The manufacturer’s mass limits for the component applies and the general mass limits or mass exception does not apply.

(6) Subsection (7) applies if there is no general mass limits or mass exception applied to a component of a heavy vehicle under this Part other than subsection (7) and there is a manufacturer’s mass limits for the component.

(7) The manufacturer’s mass limits for the component applies to the component.

(8) In this section—

manufacturer’s mass limits—

(a) in relation to a heavy vehicle, means—

(i) the mass limits derived from the rating set for the heavy vehicle by the vehicle’s manufacturer, including the GVM or GCM stated by the manufacturer of the heavy vehicle; or

(ii) if a registration authority has, under an Australian road law, specified the total maximum loaded mass for the heavy vehicle and any vehicles it may lawfully tow—that mass; or

(iii) if a registration authority has, under an Australian road law, specified the vehicle’s maximum loaded mass—that mass; or