534Powers for substantial risk breach of mass, dimension or loading requirement

534 Powers for substantial risk breach of mass, dimension or loading requirement

534 Powers for substantial risk breach of mass, dimension or loading requirement

(1) This section applies if an authorised officer reasonably believes

(a) a heavy vehicle is the subject of 1 or more substantial risk breaches of mass, dimension or loading requirements; and

(b) the heavy vehicle is not, or is no longer, also the subject of a severe risk breach of a mass, dimension or loading requirement.

(2) The authorised officer must direct the driver or operator of the heavy vehicle—

(a) not to move the vehicle until stated breaches of mass, dimension or loading requirements relating to the vehicle are rectified; or

(b) to move the vehicle, or cause it to be moved, to a stated reasonable place and not to move it, or cause it to be moved, from there until stated breaches of mass, dimension or loading requirements relating to the vehicle are rectified.

Examples of reasonable place for the purposes of paragraph (b)—

• the intended destination of the heavy vehicle’s journey

• a depot of the heavy vehicle or, if the heavy vehicle is a combination, a depot of a vehicle in the combination

• a weighbridge

• a rest area

• a place where the heavy vehicle can be loaded or unloaded

(3) A direction given under subsection (2) must be in writing and may be given with or without conditions.

(4) Despite subsection (3), a direction to move a heavy vehicle may be given orally if the moving of the vehicle is carried out in the presence, or under the supervision, of an authorised officer.

(5) The person to whom a direction is given under this section must comply with the direction, unless the person has a reasonable excuse.

Maximum penalty—$10000.

Editorial note.

See also section 737 (Increase of penalty amounts).

(6) In this section—

stated means stated by the authorised officer.