535Powers for severe risk breach of mass, dimension or loading requirement

535 Powers for severe risk breach of mass, dimension or loading requirement

535 Powers for severe risk breach of mass, dimension or loading requirement

(1) This section applies if an authorised officer reasonably believes a heavy vehicle is the subject of 1 or more severe risk breaches of mass, dimension or loading requirements.

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

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

(b) if the prescribed circumstances exist—

(i) to move the vehicle, or cause it to be moved, to the nearest stated safe location; and

(ii) not to proceed from there until stated breaches of mass, dimension or loading requirements relating to the vehicle are rectified.

(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) Nothing in this section prevents an authorised officer from taking into account the safety of the heavy vehicle or any load in it if the officer reasonably believes the officer can do so without prejudicing the safety of other property, people, the environment, road infrastructure or public amenity.

(7) In this section—

prescribed circumstances means—

(a) there is a risk of harm to public safety; or

(b) there is an appreciable risk of harm to the environment, road infrastructure or public amenity.

risk of harm to public safety, in relation to a heavy vehicle—

(a) includes the risk of harm to the safety of people, or live animals, in the vehicle; but