sec.81Contravening condition of vehicle standards exemption

### sec.81 Contravening condition of vehicle standards exemption A person must not contravene a condition of a vehicle standards exemption. Maximum penalty—$4000. A person must not use, or permit to be used, on a road a heavy vehicle that contravenes a condition of a vehicle standards exemption applying to the vehicle. Maximum penalty—$4000. 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. Maximum penalty—$4000. A person does not commit an offence against this Law in relation to a heavy vehicle contravening a heavy vehicle standard if— the heavy vehicle is exempt, under a vehicle standards exemption, from compliance with the heavy vehicle standard; and the heavy vehicle, and its use on a road, complies with the conditions of the exemption. However, if a person commits a condition offence in relation to the exemption— 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 heavy vehicle standard applying to a heavy vehicle. 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— 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 82 (1) . In this section— condition offence means an offence against subsection (1) , (2) or (3) . sch s 81 amd 2015 No. 12 s 67 sch amd 2025 No. 26 s 23 (uncommenced amendment) (sec.81-ssec.1) A person must not contravene a condition of a vehicle standards exemption. Maximum penalty—$4000. (sec.81-ssec.2) A person must not use, or permit to be used, on a road a heavy vehicle that contravenes a condition of a vehicle standards exemption applying to the vehicle. Maximum penalty—$4000. (sec.81-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 vehicle standards exemption applying to the vehicle. Maximum penalty—$4000. (sec.81-ssec.4) A person does not commit an offence against this Law in relation to a heavy vehicle contravening a heavy vehicle standard if— the heavy vehicle is exempt, under a vehicle standards exemption, from compliance with the heavy vehicle standard; and the heavy vehicle, and its use on a road, complies with the conditions of the exemption. (sec.81-ssec.5) However, if a person commits a condition offence in relation to the exemption— 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 heavy vehicle standard applying to a heavy vehicle. (sec.81-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 heavy vehicle standard to which the exemption 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.81-ssec.7) Subsection (1) does not apply to a condition mentioned in section 82 (1) . (sec.81-ssec.8) In this section— condition offence means an offence against subsection (1) , (2) or (3) . - (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. - (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. - (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.