191Duty of operator

191 Duty of operator

191 Duty of operator

(1) An operator of a heavy vehicle must ensure the vehicle’s driver does not transport the freight container by road using the vehicle without a complying container weight declaration for the freight container containing information in the form required under section 192A.

Maximum penalty—$6000.

(2) If the driver of a heavy vehicle does not have the complying container weight declaration when transporting the freight container by road using the vehicle, an operator of the vehicle is taken to have contravened subsection (1) unless the operator—

(a) proves that the driver was provided with the declaration before the driver started transporting the freight container; or

(b) has a reasonable excuse.

(3) If the freight container is to be transported by another carrier, an operator of a heavy vehicle must, unless the operator has a reasonable excuse, ensure the freight container is not given to the carrier unless the carrier has been provided with—

(a) a complying container weight declaration for the freight container containing information in the form required under section 192A; or

(b) the prescribed particulars contained in a complying container weight declaration for the freight container.

Maximum penalty—$6000.

Editorial note.

See also section 737 (Increase of penalty amounts).

(4), (5) (Repealed)

(6) In this section—

another carrier means another operator of a heavy vehicle or another person who is to transport the freight container other than by road.

prescribed particulars, contained in a complying container weight declaration for a freight container, means—

(a) information about the weight of the freight container and its contents; and

(b) the information mentioned in section 189(a).

s 191: Am 2015 No 12, sec 17; 2016 No 65, sec 30.