199Recovery of losses for provision of inaccurate container weight declaration

199 Recovery of losses for provision of inaccurate container weight declaration

199 Recovery of losses for provision of inaccurate container weight declaration

(1) This section applies if—

(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

(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.

(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.

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

(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;