Heavy Vehicle National Law (NSW)
81Contravening condition of vehicle standards exemption
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81 Contravening condition of vehicle standards exemption
81 Contravening condition of vehicle standards exemption
(1) A person must not contravene a condition of a vehicle standards exemption.
Maximum penalty—$4000.
Editorial note.
See also section 737 (Increase of penalty amounts).
(2) A person must not use, or permit to be used, on a road a heavy vehicle that contravenes a condition of a vehicle standards exemption applying to the vehicle.
Maximum penalty—$4000.
Editorial note.
See also section 737 (Increase of penalty amounts).
(3) A person must not use a heavy vehicle, or permit a heavy vehicle to be used, on a road in a way that contravenes a condition of a vehicle standards exemption applying to the vehicle.
Maximum penalty—$4000.
Editorial note.
See also section 737 (Increase of penalty amounts).
(4) A person does not commit an offence against this Law in relation to a heavy vehicle contravening a heavy vehicle standard if—
(a) the heavy vehicle is exempt, under a vehicle standards exemption, from compliance with the heavy vehicle standard; and
(b) the heavy vehicle, and its use on a road, complies with the conditions of the exemption.
(5) However, if a person commits a condition offence in relation to the exemption—
(a) the exemption does not operate in the person’s favour while the contravention constituting the offence continues; and
(b) the exemption must be disregarded in deciding whether the person has committed an offence in relation to a contravention of a heavy vehicle standard applying to a heavy vehicle.
(6) If, because of the operation of subsection (5), a person commits an offence against a provision of this Law (the other offence provision) in relation to a heavy vehicle standard to which the exemption applies, the person—
(a) may be charged with the condition offence or an offence against the other offence provision; but
(b) must not be charged with both offences.
(7) Subsection (1) does not apply to a condition mentioned in section 82(1).