129Contravening condition of mass or dimension exemption generally

129 Contravening condition of mass or dimension exemption generally

129 Contravening condition of mass or dimension exemption generally

(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.

Editorial note.

See also section 737 (Increase of penalty amounts).

(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.

Editorial note.

See also section 737 (Increase of penalty amounts).

(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.

Editorial note.

See also section 737 (Increase of penalty amounts).

(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—

(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.

(5) However, if a person commits a condition offence—

(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.

(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—

(a) may be charged with the condition offence or an offence against the other offence provision; but