HEAVY VEHICLE NATIONAL LAW (ACT)
81Contravening condition of vehicle standards exemption
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81 Contravening condition of vehicle standards exemption (1) A person must not contravene a condition of a vehicle standards that contravenes a condition of a vehicle standards exemption applying to the vehicle. (3) A person must not use a heavy vehicle, or permit a heavy vehicle to be used, on a road in a way that contravenes a condition of a vehicle standards exemption applying to the vehicle. (4) A person does not commit an offence against this Law in relation to a heavy vehicle contravening a heavy vehicle standard if— (a) the heavy vehicle is exempt, under a vehicle standards exemption, from compliance with the heavy vehicle standard; and (b) the heavy vehicle, and its use on a road, complies with the conditions of the exemption. (5) However, if a person commits a condition offence in relation to the exemption— (a) the exemption does not operate in the person’s favour while the contravention constituting the offence continues; and (b) the exemption must be disregarded in deciding whether the person has committed an offence in relation to a contravention of a heavy vehicle standard applying to a heavy vehicle.
(6) If, because of the operation of subsection (5), a person commits an offence against a provision of this Law (the other offence provision) in relation to a heavy vehicle standard to which the exemption applies, the person— (a) may be charged with the condition offence or an offence against the other offence provision; but (b) must not be charged with both offences. (7) Subsection (1) does not apply to a condition mentioned in section 82(1). condition offence means an offence against subsection (1), (2) or (3).