sec.199Recovery of losses for provision of inaccurate container weight declaration

### sec.199 Recovery of losses for provision of inaccurate container weight declaration This section applies if— an operator or driver of a heavy vehicle transporting a freight container by road using the vehicle has been provided with a container weight declaration for the freight container; and the declaration contains information (the false or misleading information ) that is false or misleading because it— understates the weight of the container; or otherwise indicates the weight of the container is lower than its actual weight; and a contravention of a mass requirement applying to the heavy vehicle occurs as a result of the operator or driver relying on the false or misleading information; and at the relevant time, the operator or driver either— had a reasonable belief the vehicle was not in contravention of the mass requirement; or did not know, and ought not reasonably to have known, that the minimum weight stated in the declaration was lower than the actual weight of the container. A person who has incurred a loss as a result of the declaration containing the false or misleading information (the plaintiff ) has a right to recover the loss from the responsible entity for the freight container. For the purposes of subsection (2) , the losses that may be recovered include the following— the amount of a fine or other penalty imposed on the plaintiff for an offence against this Law; the amount of a fine or other penalty imposed on an employee or agent of the plaintiff for an offence against this Law and reimbursed by the plaintiff; loss incurred from delays in the delivery of the freight container, any of its contents, or any other goods; loss incurred from the damage to or spoliation of anything contained in the freight container; loss incurred from providing another heavy vehicle, and loss incurred from delays arising from providing another heavy vehicle; costs or expenses incurred for weighing the freight container or any of its contents. The plaintiff may enforce the plaintiff’s right to recovery under subsection (2) by bringing a proceeding in a court of competent jurisdiction for an order for payment of the monetary value of the loss. sch s 199 amd 2016 No. 65 s 34 (sec.199-ssec.1) This section applies if— an operator or driver of a heavy vehicle transporting a freight container by road using the vehicle has been provided with a container weight declaration for the freight container; and the declaration contains information (the false or misleading information ) that is false or misleading because it— understates the weight of the container; or otherwise indicates the weight of the container is lower than its actual weight; and a contravention of a mass requirement applying to the heavy vehicle occurs as a result of the operator or driver relying on the false or misleading information; and at the relevant time, the operator or driver either— had a reasonable belief the vehicle was not in contravention of the mass requirement; or did not know, and ought not reasonably to have known, that the minimum weight stated in the declaration was lower than the actual weight of the container. (sec.199-ssec.2) A person who has incurred a loss as a result of the declaration containing the false or misleading information (the plaintiff ) has a right to recover the loss from the responsible entity for the freight container. (sec.199-ssec.3) For the purposes of subsection (2) , the losses that may be recovered include the following— the amount of a fine or other penalty imposed on the plaintiff for an offence against this Law; the amount of a fine or other penalty imposed on an employee or agent of the plaintiff for an offence against this Law and reimbursed by the plaintiff; loss incurred from delays in the delivery of the freight container, any of its contents, or any other goods; loss incurred from the damage to or spoliation of anything contained in the freight container; loss incurred from providing another heavy vehicle, and loss incurred from delays arising from providing another heavy vehicle; costs or expenses incurred for weighing the freight container or any of its contents. (sec.199-ssec.4) The plaintiff may enforce the plaintiff’s right to recovery under subsection (2) by bringing a proceeding in a court of competent jurisdiction for an order for payment of the monetary value of the loss. - (a) an operator or driver of a heavy vehicle transporting a freight container by road using the vehicle has been provided with a container weight declaration for the freight container; and - (b) the declaration contains information (the false or misleading information ) that is false or misleading because it— (i) understates the weight of the container; or (ii) otherwise indicates the weight of the container is lower than its actual weight; and - (i) understates the weight of the container; or - (ii) otherwise indicates the weight of the container is lower than its actual weight; and - (c) a contravention of a mass requirement applying to the heavy vehicle occurs as a result of the operator or driver relying on the false or misleading information; and - (d) at the relevant time, the operator or driver either— (i) had a reasonable belief the vehicle was not in contravention of the mass requirement; or (ii) did not know, and ought not reasonably to have known, that the minimum weight stated in the declaration was lower than the actual weight of the container. - (i) had a reasonable belief the vehicle was not in contravention of the mass requirement; or - (ii) did not know, and ought not reasonably to have known, that the minimum weight stated in the declaration was lower than the actual weight of the container. - (i) understates the weight of the container; or - (ii) otherwise indicates the weight of the container is lower than its actual weight; and - (i) had a reasonable belief the vehicle was not in contravention of the mass requirement; or - (ii) did not know, and ought not reasonably to have known, that the minimum weight stated in the declaration was lower than the actual weight of the container. - (a) the amount of a fine or other penalty imposed on the plaintiff for an offence against this Law; - (b) the amount of a fine or other penalty imposed on an employee or agent of the plaintiff for an offence against this Law and reimbursed by the plaintiff; - (c) loss incurred from delays in the delivery of the freight container, any of its contents, or any other goods; - (d) loss incurred from the damage to or spoliation of anything contained in the freight container; - (e) loss incurred from providing another heavy vehicle, and loss incurred from delays arising from providing another heavy vehicle; - (f) costs or expenses incurred for weighing the freight container or any of its contents.