sec.198Recovery of losses arising from non-provision of container weight declaration

sec.198 Recovery of losses arising from non-provision of container weight declaration

This section applies if the driver of a heavy vehicle transporting a freight container by road using the vehicle has not been provided with a container weight declaration for the freight container before starting to transport the freight container. A person who has incurred a loss as a result of the declaration not being provided (the plaintiff ) has a right to recover the loss from the responsible entity for the freight container. For the purposes of subsection (2) , the losses that may be recovered include the following— loss incurred from delays in the delivery of the freight container, any of its contents or any other goods; loss incurred from the damage to or spoliation of anything contained in the freight container; loss incurred from providing another heavy vehicle, and loss incurred from delays arising from providing another heavy vehicle; costs or expenses incurred for weighing the freight container or any of its contents. The plaintiff may enforce the plaintiff’s right to recovery under subsection (2) by bringing a proceeding in a court of competent jurisdiction for an order for payment of the monetary value of the loss. (sec.198-ssec.1) This section applies if the driver of a heavy vehicle transporting a freight container by road using the vehicle has not been provided with a container weight declaration for the freight container before starting to transport the freight container. (sec.198-ssec.2) A person who has incurred a loss as a result of the declaration not being provided (the plaintiff ) has a right to recover the loss from the responsible entity for the freight container. (sec.198-ssec.3) For the purposes of subsection (2) , the losses that may be recovered include the following— loss incurred from delays in the delivery of the freight container, any of its contents or any other goods; loss incurred from the damage to or spoliation of anything contained in the freight container; loss incurred from providing another heavy vehicle, and loss incurred from delays arising from providing another heavy vehicle; costs or expenses incurred for weighing the freight container or any of its contents. (sec.198-ssec.4) The plaintiff may enforce the plaintiff’s right to recovery under subsection (2) by bringing a proceeding in a court of competent jurisdiction for an order for payment of the monetary value of the loss.

• (a) loss incurred from delays in the delivery of the freight container, any of its contents or any other goods;
• (b) loss incurred from the damage to or spoliation of anything contained in the freight container;
• (c) loss incurred from providing another heavy vehicle, and loss incurred from delays arising from providing another heavy vehicle;
• (d) costs or expenses incurred for weighing the freight container or any of its contents.