60Compliance with heavy vehicle standards

60 Compliance with heavy vehicle standards

60 Compliance with heavy vehicle standards

(1) A person must not use, or permit to be used, on a road a heavy vehicle that contravenes a heavy vehicle standard applying to the vehicle.

Maximum penalty—

(a) $3000, except as provided in paragraph (b); or

(b) $6000, for contravention of a heavy vehicle standard relating to a speed limiter.

Editorial note.

See also section 737 (Increase of penalty amounts).

(2) Subsection (1) does not apply to—

(a) a heavy vehicle that—

(i) is on a journey to a place for the repair of the vehicle, or any of its components or equipment, and is travelling on the most direct or convenient route to that place from the place where the journey began; and

Note for the purposes of subparagraph (i)—

The subparagraph does not operate to exempt a person from complying with the requirements of a vehicle defect notice applying to the vehicle.

(ii) does not have any goods in it; and

(iii) is used on a road in a way that does not pose a safety risk; or

(b) a heavy vehicle that—

(i) is on a road for testing or analysis of the vehicle, or any of its components or equipment, by an approved vehicle examiner for the purpose of checking its compliance with the heavy vehicle standards; and

(ii) does not have any passengers in it; and

(iii) does not have any goods in it, unless—

(A) it has a quantity of goods that is necessary or appropriate for the conduct of the testing or analysis; and

(B) without limiting subparagraph (iv), there are no reasonable grounds to believe the vehicle laden with those goods poses a significant safety risk; and

(iv) is used on a road in a way that does not pose a safety risk.

(3) A person does not commit an offence against subsection (1) in relation to a heavy vehicle’s noncompliance with a heavy vehicle standard if, and to the extent, the noncompliance relates to a noncompliance known to the registration authority for the heavy vehicle at the time the registration authority registered the vehicle under an Australian road law.