Section 93 - Heavy Vehicle National Law (NSW) - Person must not tamper with speed limiter fitted to heavy vehicle

93Person must not tamper with speed limiter fitted to heavy vehicle

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93 Person must not tamper with speed limiter fitted to heavy vehicle

(1) A person must not tamper with a speed limiter that is required under an Australian road law or by order of an Australian court to be, and is, fitted to a heavy vehicle.

Maximum penalty—$10000.

Editorial note.

See also section 737 (Increase of penalty amounts).

(2) A person must not fit, or direct the fitting of, a speed limiter to a heavy vehicle in circumstances where the person knows or ought reasonably to know that the speed limiter has been tampered with in such a way that, had it been fitted to the vehicle at the time of the tampering, an offence would have been committed against subsection (1).

Maximum penalty—$10000.

Editorial note.

See also section 737 (Increase of penalty amounts).

(3) An operator of a heavy vehicle must not use or permit the vehicle to be used on a road if the operator knows, or ought reasonably to know, that a speed limiter fitted to the vehicle, as required under an Australian road law or by order of an Australian court, has been tampered with in contravention of subsection (1) or fitted to the vehicle in contravention of subsection (2).

Maximum penalty—$10000.

Editorial note.

See also section 737 (Increase of penalty amounts).

(4) Subsections (1) and (2) do not apply to—

(a) conduct associated with repairing a malfunctioning speed limiter or maintaining a speed limiter; or

(b) an authorised officer when exercising functions under this Law.

(5) Subsection (3) does not apply to a heavy vehicle that—

(a) is on a journey to a place for the repair of the speed limiter or any of the vehicle’s components or equipment that affect the operation of the speed limiter; and

(b) is travelling on the most direct or convenient route to that place from the place where the journey began.

(6) Subsection (3) applies whether or not a person has been proceeded against or found guilty of an offence against subsection (1) or (2) in relation to the tampering.

(7), (8) (Repealed)

(8A) Nothing in this section limits the application of Part 6.2 (Speed limiting of heavy vehicles) of the of New South Wales to a heavy vehicle to which that Part applies.