sec.129Contravening condition of mass or dimension exemption generally

### sec.129 Contravening condition of mass or dimension exemption generally The driver or operator of a heavy vehicle being used on a road under a mass or dimension exemption must not contravene a condition of the exemption. Maximum penalty—$6000. A person must not use, or permit to be used, on a road a heavy vehicle that contravenes a condition of a mass or dimension exemption applying to the vehicle. Maximum penalty—$6000. 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 mass or dimension exemption applying to the vehicle. Maximum penalty—$6000. A person does not commit an offence against this Law in relation to a heavy vehicle contravening a mass requirement or dimension requirement if— the vehicle is exempt, under a mass or dimension exemption, from compliance with the mass requirement or dimension requirement; and the vehicle, and its use on a road, complies with the conditions of the exemption. However, if a person commits a condition offence— the exemption does not operate in the person’s favour while the contravention constituting the offence continues; and the exemption must be disregarded in deciding— whether the person has committed an offence in relation to a contravention of a mass requirement or dimension requirement applying to a heavy vehicle; and the risk category for the contravention. 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 mass requirement or dimension requirement to which an exemption under this Part applies, the person— may be charged with the condition offence or an offence against the other offence provision; but must not be charged with both offences. Subsection (1) does not apply to a condition mentioned in section 132 (1) . In this section— condition offence means an offence against subsection (1) , (2) or (3) . (sec.129-ssec.1) The driver or operator of a heavy vehicle being used on a road under a mass or dimension exemption must not contravene a condition of the exemption. Maximum penalty—$6000. (sec.129-ssec.2) A person must not use, or permit to be used, on a road a heavy vehicle that contravenes a condition of a mass or dimension exemption applying to the vehicle. Maximum penalty—$6000. (sec.129-ssec.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 mass or dimension exemption applying to the vehicle. Maximum penalty—$6000. (sec.129-ssec.4) A person does not commit an offence against this Law in relation to a heavy vehicle contravening a mass requirement or dimension requirement if— the vehicle is exempt, under a mass or dimension exemption, from compliance with the mass requirement or dimension requirement; and the vehicle, and its use on a road, complies with the conditions of the exemption. (sec.129-ssec.5) However, if a person commits a condition offence— the exemption does not operate in the person’s favour while the contravention constituting the offence continues; and the exemption must be disregarded in deciding— whether the person has committed an offence in relation to a contravention of a mass requirement or dimension requirement applying to a heavy vehicle; and the risk category for the contravention. (sec.129-ssec.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 mass requirement or dimension requirement to which an exemption under this Part applies, the person— may be charged with the condition offence or an offence against the other offence provision; but must not be charged with both offences. (sec.129-ssec.7) Subsection (1) does not apply to a condition mentioned in section 132 (1) . (sec.129-ssec.8) In this section— condition offence means an offence against subsection (1) , (2) or (3) . - (a) the vehicle is exempt, under a mass or dimension exemption, from compliance with the mass requirement or dimension requirement; and - (b) the vehicle, and its use on a road, complies with the conditions of 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— (i) whether the person has committed an offence in relation to a contravention of a mass requirement or dimension requirement applying to a heavy vehicle; and (ii) the risk category for the contravention. - (i) whether the person has committed an offence in relation to a contravention of a mass requirement or dimension requirement applying to a heavy vehicle; and - (ii) the risk category for the contravention. - (i) whether the person has committed an offence in relation to a contravention of a mass requirement or dimension requirement applying to a heavy vehicle; and - (ii) the risk category for the contravention. - (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.