198Recovery of losses arising from non-provision of container weight declaration

198 Recovery of losses arising from non-provision of container weight declaration

198 Recovery of losses arising from non-provision of container weight declaration

(1) This section applies if the driver of a heavy vehicle transporting a freight container by road using the vehicle has not been provided with a container weight declaration for the freight container before starting to transport the freight container.

(2) A person who has incurred a loss as a result of the declaration not being provided (the plaintiff) has a right to recover the loss from the responsible entity for the freight container.

(3) For the purposes of subsection (2), the losses that may be recovered include the following—

(a) loss incurred from delays in the delivery of the freight container, any of its contents or any other goods;

(b) loss incurred from the damage to or spoliation of anything contained in the freight container;

(c) loss incurred from providing another heavy vehicle, and loss incurred from delays arising from providing another heavy vehicle;

(d) costs or expenses incurred for weighing the freight container or any of its contents.

(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.