Part 1ASafety duties

Chapter 1A—Safety duties Part 1—Principles 26A—Principle of shared responsibility (1) The safety of transport activities relating to a heavy vehicle is the shared responsibility of each party in the chain of responsibility for the vehicle. (2) The level and nature of a party's responsibility for a transport activity depends on— (a) the functions the person performs or is required to perform, whether exclusively or occasionally, rather than— (i) the person's job title; or (ii) the person's functions described in a written contract; and (b) the nature of the public risk created by the carrying out of the transport activity; and (c) the party's capacity to control, eliminate or minimise the risk. 26B—Principles applying to duties (1) A person may have more than 1 duty because of the functions the person performs or is required to perform. (2) More than 1 person can concurrently have a duty under this Law and each duty holder must comply with that duty to the standard required by this Law even if another duty holder has the same duty. (3) If more than 1 person has a duty for the same matter, each person— (a) retains responsibility for the person's duty in relation to the matter; and (b) must discharge the person's duty to the extent to which the person— (i) has the capacity to influence and control the matter; or (ii) would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity. (4) A duty under this Law may not be transferred to another person. Part 2—Nature of duty 26C—Primary duty (1) Each party in the chain of responsibility for a heavy vehicle must ensure, so far as is reasonably practicable, the safety of the party's transport activities relating to the vehicle. (2) Without limiting subsection (1), each party must, so far as is reasonably practicable— (a) eliminate public risks and, to the extent it is not reasonably practicable to eliminate public risks, minimise the public risks; and (b) ensure the party's conduct does not directly or indirectly cause or encourage— (i) the driver of the heavy vehicle to contravene this Law; or (ii) the driver of the heavy vehicle to exceed a speed limit applying to the driver; or (iii) another person, including another party in the chain of responsibility, to contravene this Law. (3) For subsection (2)(b), the party's conduct includes, for example— (a) the party asking, directing or requiring another person to do, or not do, something; and (b) the party entering into a contract— (i) with another person for the other person to do, or not do, something; or (ii) that purports to annul, exclude, restrict or otherwise change the effect of this Law. 26D—Duty of executive of legal entity (1) If a legal entity has a safety duty, an executive of the legal entity must exercise due diligence to ensure the legal entity complies with the safety duty. Maximum penalty: The penalty for a contravention of the provision by an individual. (2) The executive may be convicted of an offence against subsection (1) even if the legal entity has not been proceeded against for, or convicted of, an offence relating to the safety duty. (2a) Subsection (1) does not apply to an executive of the legal entity acting on a voluntary basis, whether or not the executive is reimbursed for the expenses incurred by the executive for carrying out activities for the legal entity. due diligence includes taking reasonable steps— (a) to acquire, and keep up to date, knowledge about the safe conduct of transport activities; and (b) to gain an understanding of— (i) the nature of the legal entity's transport activities; and (ii) the hazards and risks, including the public risk, associated with those activities; and (c) to ensure the legal entity has, and uses, appropriate resources to eliminate or minimise those hazards and risks; and (d) to ensure the legal entity has, and implements, processes— (i) to eliminate or minimise those hazards and risks; and (ii) for receiving, considering, and responding in a timely way to, information about those hazards and risks and any incidents; and (iii) for complying with the legal entity's safety duties; and (e) to verify the resources and processes mentioned in paragraphs (c) and (d) are being provided, used and implemented; executive, of a legal entity, means— (a) for a corporation—an executive officer of the corporation; or (b) for an unincorporated partnership—a partner in the partnership; or (c) for an unincorporated body—a management member of the body; legal entity means— (a) a corporation; or (b) an unincorporated partnership; or (c) an unincorporated body. 26E—Prohibited requests and contracts (1) A person must not ask, direct or require (directly or indirectly) the driver of a heavy vehicle or a party in the chain of responsibility to do or not do something the person knows, or ought reasonably to know, would have the effect of causing the driver— (a) to exceed a speed limit applying to the driver; or (b) to drive a fatigue‑regulated heavy vehicle while impaired by fatigue; or (c) to drive a fatigue‑regulated heavy vehicle while in breach of the driver's work and rest hours option; or (d) to drive a fatigue‑regulated heavy vehicle in breach of another law in order to avoid driving while impaired by fatigue or while in breach of the driver's work and rest hours option. (2) A person must not enter into a contract with the driver of a heavy vehicle or a party in the chain of responsibility that the person knows, or ought reasonably to know, would have the effect of causing the driver, or would encourage the driver, or would encourage a party in the chain of responsibility to cause the driver— (a) to exceed a speed limit applying to the driver; or (b) to drive a fatigue‑regulated heavy vehicle while impaired by fatigue; or (c) to drive a fatigue‑regulated heavy vehicle while in breach of the driver's work and rest hours option; or (d) to drive a fatigue‑regulated heavy vehicle in breach of another law in order to avoid driving while impaired by fatigue or while in breach of the driver's work and rest hours option. See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something. Part 3—Failing to comply with duty 26F—Category 1 offence (b) the person, without a reasonable excuse, engages in conduct related to the duty that exposes an individual to a risk of death or serious injury or illness; and (c) the person is reckless as to the risk. (a) if an individual commits the offence—$300 000 or 5 years imprisonment or both; or (b) if a corporation commits the offence—$3 000 000. (2) The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse. 26G—Category 2 offence A person commits an offence if— (b) the person contravenes the duty; and (c) the person's contravention exposes an individual, or class of individuals, to a risk of death or serious injury or illness. (a) if an individual commits the offence—$150 000; or (b) if a corporation commits the offence—$1 500 000. 26H—Category 3 offence A person commits an offence if— (b) the person contravenes the duty. (a) if an individual commits the offence—$50 000; or (b) if a corporation commits the offence—$500 000. Chapter 3—Vehicle operations—standards and safety 58—Main purpose of Chapter 3 The main purpose of this Chapter is to ensure heavy vehicles used on roads are of a standard and in a condition that prevents or minimises safety risks. Part 2—Compliance with heavy vehicle standards 59—Heavy vehicle standards (1) The national regulations may prescribe vehicle standards (heavy vehicle standards) with which heavy vehicles must comply to use roads. (2) Without limiting subsection (1), the heavy vehicle standards may include requirements applying to— (a) heavy vehicles; or (b) components of heavy vehicles, including component vehicles that are not heavy vehicles; or (c) equipment of heavy vehicles. (3) The national regulations may prescribe exemptions or different requirements for component vehicles that are not heavy vehicles. 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. (a) $3 000, except as provided in paragraph (b); or (b) $6 000, for contravention of a heavy vehicle standard relating to a speed limiter. (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. (4) For the purposes of subsection (3), the registration authority is taken to have known of the heavy vehicle's noncompliance with a heavy vehicle standard at the time the registration authority registered the vehicle if the noncompliance was mentioned in— (a) an operations plate that was installed on the vehicle at the time it was registered; or (b) a certificate of approved operations issued for the vehicle and in force at the time the vehicle was registered; or (c) a document obtained by the registration authority under an Australian road law in connection with the registering of the vehicle. (5) Subsection (3) applies only if the heavy vehicle, and its use on a road, complies with the conditions of the heavy vehicle's registration under an Australian road law. (6) If a PBS vehicle is exempt from vehicle standards stated in its PBS vehicle approval but it complies with the other applicable vehicle standards, the vehicle is regarded for the purposes of this Law as complying with the vehicle standards applying to the vehicle. See also section 81(4) to (6) for the effect of a vehicle standards exemption on compliance with subsection (1). 61—Regulator's power to exempt category of heavy vehicles from compliance with heavy vehicle standard (1) The Regulator may, by Commonwealth Gazette notice complying with section 65, exempt, for a period of not more than 5 years, a category of heavy vehicles from the requirement to comply with a heavy vehicle standard. (2) An exemption under subsection (1) is a vehicle standards exemption (notice). 62—Restriction on grant of vehicle standards exemption (notice) (1) The Regulator may grant a vehicle standards exemption (notice) for a category of heavy vehicles only if— (a) 1 of the following applies: (i) the Regulator is satisfied complying with the heavy vehicle standard to which the exemption is to apply would prevent heavy vehicles of that category from operating in the way in which, or for the purpose for which, the vehicles were built or modified; (ii) the Regulator is satisfied heavy vehicles of that category are experimental vehicles, prototypes or similar vehicles that could not reasonably be expected to comply with the heavy vehicle standard to which the exemption is to apply; (iii) the exemption has been requested by a road authority for a participating jurisdiction for the use of heavy vehicles of that category in that jurisdiction; (iv) the category of heavy vehicles consists of heavy vehicles that, immediately before the commencement of this section in a participating jurisdiction, were not required to comply with a similar standard at that time and were— (A) registered under an Australian road law of that jurisdiction and not required to comply with a similar standard at that time; or (B) operating under an unregistered heavy vehicle permit or exemption from registration (however described) granted or issued under an Australian road law of that jurisdiction; (v) the category of heavy vehicles consists of heavy vehicles referred to in the national regulations for the purposes of this subparagraph; and (b) the Regulator is satisfied the use of heavy vehicles of the category to which the exemption is to apply on a road under the exemption will not pose a significant safety risk. (2) In deciding whether to grant a vehicle standards exemption (notice), the Regulator must have regard to the approved guidelines for granting vehicle standards exemptions. (3) The national regulations may prescribe additional requirements or restrictions regarding the granting of a vehicle standards exemption (notice). 63—Conditions of vehicle standards exemption (notice) A vehicle standards exemption (notice) may be subject to any conditions the Regulator considers appropriate, including, for example— (a) conditions about protecting road infrastructure from damage; and (b) a condition that the driver of a heavy vehicle who is driving the vehicle under the exemption must keep in the driver's possession a copy of— 64—Period for which vehicle standards exemption (notice) applies A vehicle standards exemption (notice)— 65—Requirements about Commonwealth Gazette notice (1) A Commonwealth Gazette notice for a vehicle standards exemption (notice) must state the following: (a) the category of heavy vehicles to which the exemption applies; (b) the heavy vehicle standard to which the exemption applies; 66—Amendment or cancellation of vehicle standards exemption (notice) (1) Each of the following is a ground for amending or cancelling a vehicle standards exemption (notice): (a) the use of heavy vehicles on a road under the exemption has caused, or is likely to cause, a significant safety risk; (b) since the exemption was granted, there has been a change in circumstances that were relevant to the Regulator's decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions. (2) If the Regulator considers a ground exists to amend or cancel a vehicle standards exemption (notice), the Regulator may amend or cancel the exemption by complying with subsections (3) to (5). (a) stating that the Regulator believes a ground mentioned in subsection (1)(a) or (b) for amending or cancelling the exemption exists; and (d) inviting persons who will be affected by the proposed action to make, within a stated time of at least 14 days after the Commonwealth Gazette notice is published, written representations about why the proposed action should not be taken. (4) If, after considering all written representations made under subsection (3)(d), the Regulator still considers a ground exists to take the proposed action, the Regulator may— (a) if the proposed action was to amend the exemption—amend the exemption, including, for example, by imposing additional conditions on the exemption, in a way that is not substantially different from the proposed action; or 67—Immediate suspension on Regulator's initiative (1) This section applies if the Regulator considers it is necessary to suspend a vehicle standards exemption (notice) immediately to prevent or minimise serious harm to public safety or significant damage to road infrastructure. (2) The Regulator may, by public notice, immediately suspend the exemption until the earliest of the following: (b) the Regulator publishes a notice under section 66(5) and the amendment or cancellation takes effect under section 66(6); (4) The suspension, and (where relevant) the cancellation of the suspension, takes effect immediately after the Commonwealth Gazette notice is published under subsection (3). (5) This section applies despite section 66. 68—Regulator's power to exempt particular heavy vehicle from compliance with heavy vehicle standard (1) The Regulator may, by giving a person a permit as mentioned in section 73, exempt a heavy vehicle from compliance with a heavy vehicle standard for a period of not more than 3 years. (2) An exemption under subsection (1) is a vehicle standards exemption (permit). (3) A vehicle standards exemption (permit) may apply to 1 or more heavy vehicles. 69—Application for vehicle standards exemption (permit) (1) A person may apply to the Regulator for a vehicle standards exemption (permit). (3) The Regulator may, by notice given to the applicant for a vehicle standards exemption (permit), require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application. 70—Restriction on grant of vehicle standards exemption (permit) (1) The Regulator may grant a vehicle standards exemption (permit) for a heavy vehicle only if— (a) 1 of the following applies: (i) the Regulator is satisfied complying with the heavy vehicle standard to which the exemption is to apply would prevent the heavy vehicle from operating in the way in which, or for the purpose for which, the vehicle was built or modified; (ii) the Regulator is satisfied the heavy vehicle is an experimental vehicle, prototype or similar vehicle that could not reasonably be expected to comply with the heavy vehicle standard to which the exemption is to apply; (iii) the heavy vehicle, immediately before the commencement of this section in a participating jurisdiction, was not required to comply with a similar standard at that time and was— (A) registered under an Australian road law of that jurisdiction; or (B) operating under an unregistered heavy vehicle permit or exemption from registration (however described) granted or issued under an Australian road law of that jurisdiction; and (b) the Regulator is satisfied the use of the heavy vehicle on a road under the exemption will not pose a significant safety risk. (2) In deciding whether to grant a vehicle standards exemption (permit), the Regulator must have regard to the approved guidelines for granting vehicle standards exemptions. 71—Conditions of vehicle standards exemption (permit) A vehicle standards exemption (permit) may be subject to any conditions the Regulator considers appropriate, including, for example, a condition about protecting road infrastructure from damage. 72—Period for which vehicle standards exemption (permit) applies (1) A vehicle standards exemption (permit) applies for the period stated in the permit for the exemption. (2) The period may be less than the period sought by the applicant for the vehicle standards exemption (permit). 73—Permit for vehicle standards exemption (permit) etc (1) If the Regulator grants a vehicle standards exemption (permit) to a person, the Regulator must give the person— (b) if the Regulator's decision to grant the exemption for a period or impose a condition on the exemption is a reviewable decision—a notice stating the review and appeal information for the decision. Under section 641(6)(a), this notice must also state particular information about obtaining a statement of reasons for the decision. (2) A permit for a vehicle standards exemption (permit) must state the following: (b) each heavy vehicle to which the exemption applies, including the registration number of the vehicle if known when the permit is given; (c) the heavy vehicle standard to which the exemption applies; (d) the conditions of the exemption; (e) the period for which the exemption applies. 74—Refusal of application for vehicle standards exemption (permit) If the Regulator refuses an application for a vehicle standards exemption (permit), the Regulator must give the applicant an information notice for the decision to refuse the application. 75—Amendment or cancellation of vehicle standards exemption (permit) on application by permit holder (1) The holder of a permit for a vehicle standards exemption (permit) may apply to the Regulator for an amendment or cancellation of the exemption. (3) The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application. (c) if the Regulator amended the exemption, the Regulator must give the applicant a replacement permit for the exemption as amended. 76—Amendment or cancellation of vehicle standards exemption (permit) on Regulator's initiative (1) Each of the following is a ground for amending or cancelling a vehicle standards exemption (permit): (b) the holder of the permit for the exemption has contravened a condition of the exemption; (c) the use of a heavy vehicle on a road under the exemption has caused, or is likely to cause, a significant safety risk; (d) since the exemption was granted, there has been change in the circumstances that were relevant to the Regulator's decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions. (2) If the Regulator considers a ground exists to amend or cancel a vehicle standards exemption (permit) (the proposed action), the Regulator must give the holder of the permit for the exemption a notice— (d) if the proposed action is to amend the exemption (including a condition of the exemption)—stating the proposed amendment; and (e) inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken. (3) If, after considering all written representations made under subsection (2)(e), the Regulator still considers a ground exists to take the proposed action, the Regulator may— (a) if the proposed action was to amend the exemption—amend the exemption, including, for example, by imposing additional conditions on the exemption, in a way that is not substantially different from the proposed action; or (4) The Regulator must give the holder an information notice for the decision to amend or cancel the exemption. 77—Immediate suspension on Regulator's initiative (1) This section applies if the Regulator considers it is necessary to suspend a vehicle standards exemption (permit) immediately to prevent or minimise serious harm to public safety or significant damage to road infrastructure. (2) The Regulator may, by notice (immediate suspension notice) given to the person to whom the permit was given, immediately suspend the exemption until the earliest of the following: (a) the Regulator gives the person an information notice under section 76(4) and the amendment or cancellation takes effect under section 76(5); (c) the end of 56 days after the day the immediate suspension notice is given to the person. (3) This section applies despite sections 75 and 76. 78—Minor amendment of vehicle standards exemption (permit) The Regulator may, by notice given to the holder of a permit for a vehicle standards exemption (permit), amend the exemption in a minor respect— 79—Return of permit (1) If a person's vehicle standards exemption (permit) is amended or cancelled, the Regulator may, by notice, require the person to return the person's permit for the exemption to the Regulator. (2) The person must comply with the notice within 7 days after the notice is given to the person or, if a longer period is stated in the notice, within the longer period. (3) If the exemption has been amended, the Regulator must give the person a replacement permit for the exemption as amended. 80—Replacement of defaced etc permit (1) If a person's permit for a vehicle standards exemption (permit) is defaced, destroyed, lost or stolen, the person must, as soon as reasonably practicable after becoming aware of the matter, apply to the Regulator for a replacement permit. (2) If the Regulator is satisfied the permit has been defaced, destroyed, lost or stolen, the Regulator must give the person a replacement permit as soon as practicable. (3) If the Regulator decides not to give the person a replacement permit, the Regulator must give the person an information notice for the decision. (4) Subsection (1) does not apply to a vehicle standards exemption (permit) for which an application to cancel the permit has been made and is pending determination. Division 4—Operating under vehicle standards exemption 81—Contravening condition of vehicle standards exemption (1) A person must not contravene a condition of a vehicle standards exemption. (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. (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. (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). condition offence means an offence against subsection (1), (2) or (3). 82—Keeping relevant document while driving under vehicle standards exemption (notice) (1) This section applies if a vehicle standards exemption (notice) is subject to the condition that the driver of a heavy vehicle who is driving the vehicle under the exemption must keep a relevant document in the driver's possession. (2) A driver of the heavy vehicle who is driving the vehicle under the vehicle standards exemption (notice) must comply with the condition. (3) Each relevant party for a driver mentioned in subsection (2) must ensure the driver complies with subsection (2), unless the relevant party has a reasonable excuse. relevant document, for a vehicle standards exemption (notice), means a copy of— relevant party, for the driver of a heavy vehicle, means— 83—Keeping copy of permit while driving under vehicle standards exemption (permit) (1) The driver of a heavy vehicle who is driving the vehicle under a vehicle standards exemption (permit) must keep a copy of the permit for the exemption in the driver's possession. (2) If the driver of a heavy vehicle is driving the vehicle under a vehicle standards exemption (permit) granted to a relevant party for the driver and the relevant party has given the driver a copy of a permit for the purpose of subsection (1), the driver must, as soon as reasonably practicable, return the copy to the relevant party if the driver stops working for the relevant party. (3) Each relevant party for a driver mentioned in subsection (2) must ensure the driver complies with subsection (2), unless the relevant party has a reasonable excuse. relevant party, for the driver of a heavy vehicle, means— Part 3—Modifying heavy vehicles 84—Definition for Chapter 3 Part 3 modification, of a heavy vehicle, means— (a) the addition of a component to, or the removal of a component from, the vehicle; or (b) a change to the vehicle from the manufacturer's specification for the vehicle, but does not include a modification to the vehicle that has been approved under the Road Vehicle Standards Act 2018, item 16(2) of Schedule 3 to the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 of the Commonwealth or the Motor Vehicle Standards Act 1989 before the repeal of that Act. 85—Modifying heavy vehicle requires approval (1) A person must not modify a heavy vehicle unless the modification has been approved by— (a) an approved vehicle examiner under section 86; or (b) the Regulator under section 87. (2) A person must not use, or permit to be used, on a road a heavy vehicle that has been modified unless the modification has been approved by— (a) an approved vehicle examiner under section 86; or (b) the Regulator under section 87. (3) This section does not apply to a modification that complies with a code of practice prescribed by the national regulations for the purposes of this section, section 86 or 87 that expressly states that a modification of that type does not require approval. (4) A modification is taken to have been approved by an approved vehicle examiner under section 86 if— (a) the modification has been authorised under an Australian road law of a non‑participating jurisdiction; and (b) a modification plate or label is fitted or affixed to a conspicuous part of the vehicle; and (c) the modification plate or label indicates that the modification complies with a code of practice prescribed by the national regulations for the purposes of section 86. authorised includes approved and permitted; modification plate or label means a plate or label that is stamped, engraved or marked so as to display information that relates to a modification; non‑participating jurisdiction has the meaning given by section 221. 86—Approval of modifications by approved vehicle examiners (1) An approved vehicle examiner may, if authorised to do so under the national regulations, approve a modification of a heavy vehicle if, and only if, the modification complies with a code of practice prescribed by the national regulations for the purposes of this section. (2) If an approved vehicle examiner approves a modification of a heavy vehicle, the examiner must— (a) give a certificate approving the modification, in the approved form, to— (i) the registered operator of the vehicle; or (ii) if there is no registered operator of the vehicle—an owner of the vehicle; and (b) ensure a plate or label that complies with subsection (3) is fitted or affixed to a conspicuous part of the vehicle. (3) For the purposes of subsection (2)(b), a plate or label complies with this subsection if— (a) it is of a type approved by the Regulator; and (b) it is stamped, engraved or marked so as to display information that relates to the modification and that is— (i) approved by the Regulator; or (ii) prescribed by the national regulations for the purposes of this section. 87—Approval of modification by Regulator (1) The Regulator may approve a modification of a heavy vehicle if the Regulator is satisfied— (a) the use on a road of the modified vehicle will not pose a significant safety risk; and (b) as to either or both of the following (as relevant)— (i) the modified vehicle will comply with applicable noise and emission standards prescribed by national regulations, except as provided by subparagraph (ii); (ii) the Regulator has exempted the modified vehicle from a noise or emission standard referred to in subparagraph (i) and the Regulator is satisfied that the modified vehicle complies with the requirements of the exemption. (2) Subsection (1) applies whether or not the modification complies with a code of practice prescribed by the national regulations prescribed for the purposes of this section. (3) If the Regulator approves a modification of a heavy vehicle, the Regulator must— (a) give a certificate approving the modification, in the approved form, to— (i) the registered operator of the vehicle; or (ii) if there is no registered operator of the vehicle—an owner of the vehicle; and (b) ensure a plate or label that complies with subsection (4) is fitted or affixed to a conspicuous part of the vehicle. (4) For the purposes of subsection (3)(b), a plate or label complies with this subsection if— (a) it is of a type approved by the Regulator; and (b) it is stamped, engraved or marked so as to display information that relates to the modification and that is— (i) approved by the Regulator; or (ii) prescribed by the national regulations for the purposes of this section. 87A—Person must not tamper with plate or label (1) A person must not tamper with a plate or label fitted or affixed to a heavy vehicle under section 86(2) or 87(3). (2) In a proceeding for an offence against subsection (1), it is a defence for the person to prove that the tampering was done with the written approval of the Regulator. tamper means alter, damage, remove or otherwise interfere with. 88—National regulations for heavy vehicle modification The national regulations may provide for any matter relating to the modification of heavy vehicles. Part 4—Other offences 89—Safety requirement (1) A person must not use, or permit to be used, on a road a heavy vehicle that is unsafe. (2) For the purposes of subsection (1), a heavy vehicle is unsafe only if the condition of the vehicle, or any of its components or equipment— (a) makes the use of the vehicle unsafe; or (b) endangers public safety. (3) Subsection (1) does not apply to a heavy vehicle for which a vehicle defect notice is in force and that is being moved in accordance with the terms of the notice. 90—Requirement about properly operating emission control system (1) A person must not use, or permit to be used, on a road a heavy vehicle that is not fitted with an emission control system for each relevant emission if and as required by an applicable heavy vehicle standard. (2) A person must not use, or permit to be used, on a road a heavy vehicle fitted with an emission control system that is not operating in accordance with the manufacturer's design. (3) A person must not use, or permit to be used, on a road a heavy vehicle fitted with an emission control system if the operation of the system results in a failure to comply with an applicable heavy vehicle standard (whether in relation to the vehicle or in relation to the system). (4) Subsections (2) and (3) do not apply to a heavy vehicle that— (a) is on a journey to a place for the repair of the emission control system or any of the vehicle's components or equipment that affect the operation of the emission control system; and (5) The national regulations may prescribe testing standards for relevant emissions from heavy vehicles. emission control system means a device or system fitted to a heavy vehicle that reduces the emission of a relevant emission from the vehicle. 91—Person must not tamper with emission control system fitted to heavy vehicle (1) A person must not tamper with an emission control system fitted to a heavy vehicle. (2) An operator of a heavy vehicle must not use or permit the vehicle to be used on a road if the vehicle is fitted with an emission control system that the operator knows or ought reasonably to know has been tampered with in contravention of subsection (1). (3) Subsection (1) does not apply to— (a) conduct associated with repairing a malfunctioning emission control system or maintaining an emission control system; or (b) an authorised officer when exercising functions under this Law. (4) Subsection (2) does not apply to a heavy vehicle that— (a) is on a journey to a place for the repair of the emission control system or any of the vehicle's components or equipment that affect the operation of the emission control system; and emission control system means a device or system fitted to a heavy vehicle that reduces the emission of a relevant emission from the vehicle; tamper, with an emission control system fitted to a heavy vehicle, means alter, damage, remove, override or otherwise interfere with— (a) the system in a way that renders the system totally ineffective or less effective than as provided by an applicable heavy vehicle standard or (in the absence of an applicable heavy vehicle standard) as designed; or (b) the vehicle or any component of the vehicle in a way that renders the system totally ineffective or less effective than as provided by an applicable heavy vehicle standard or (in the absence of an applicable heavy vehicle standard) as designed. 92—Display of warning signs required by heavy vehicle standards on vehicles to which the requirement does not apply (1) This section applies if, under the heavy vehicle standards, a warning sign is required to be displayed on a heavy vehicle of a particular type, size or configuration. (2) A person must not use, or permit to be used, on a road a heavy vehicle that has the warning sign displayed on it unless the vehicle is of the particular type, size or configuration. warning sign means a sign indicating that the vehicle to which it is attached is of a particular type, size or configuration. Example of warning sign— A sign (consisting of 1 or more parts) showing the words "LONG VEHICLE" or "ROAD TRAIN". 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. (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). (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). (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 (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. speed limiter means a device or system that is used to limit the maximum road speed of a heavy vehicle to which it is fitted and that complies with any applicable heavy vehicle standard; tamper, with a speed limiter fitted to a heavy vehicle, means alter, damage, remove, override or otherwise interfere with the speed limiter in a way that— (a) enables the vehicle to be driven at a speed higher than the speed permitted by an applicable heavy vehicle standard; or (b) alters, or may alter, any information recorded by the speed limiter; or (c) results, or may result, in the speed limiter recording inaccurate information. Chapter 4—Vehicle operations—mass, dimension and loading 94—Main purposes of Chapter 4 (1) The main purposes of this Chapter are— (a) to improve public safety by decreasing risks to public safety caused by excessively loaded or excessively large heavy vehicles; and (b) to minimise any adverse impact of excessively loaded or excessively large heavy vehicles on road infrastructure or public amenity. (2) The purposes are achieved by— (a) imposing mass requirements for heavy vehicles, particular components of heavy vehicles, and loads on heavy vehicles; and (b) imposing dimension requirements on heavy vehicles including on the vehicles (together with equipment), components or loads; and (c) imposing requirements about securing loads on heavy vehicles; and (d) restricting access to roads by heavy vehicles of a particular mass, size or configuration even if the vehicles comply with the mass requirements, dimension requirements and other requirements mentioned in paragraphs (a) to (c). (3) However, this Chapter recognises that the use of particular heavy vehicles that do not comply with the mass requirements, dimension requirements and other requirements mentioned in subsection (2)(a) to (c) may be permitted on roads in particular circumstances and subject to particular conditions— (a) to allow for— (i) the efficient road transport of goods or passengers by heavy vehicles; or (ii) the efficient use of large heavy vehicles that are transporting neither goods nor passengers and need to use roads for special uses; and (b) without compromising the achievement of the purposes. Part 2—Mass requirements 95—Prescribed mass requirements (1) The national regulations may prescribe requirements (the prescribed mass requirements) about the following: (a) the mass of heavy vehicles; (b) the mass of components of heavy vehicles. (2) Without limiting subsection (1), the prescribed mass requirements may include the following: (a) requirements about mass limits relating to— (i) the tare mass of heavy vehicles; or (ii) the mass of heavy vehicles together with their loads; or (iii) the mass on tyres, axles or axle groups of heavy vehicles; (b) requirements about mass limits relating to axle spacing; (c) general mass limits applying to heavy vehicles or components of heavy vehicles. (3) Also, without limiting subsection (1) or (2), the prescribed mass requirements may— (a) include mass limits that are to apply only to particular areas or routes; and (b) authorise or require the Regulator to decide the areas or routes to which the mass limits are to apply. (4) The national regulations may prescribe requirements (that are not prescribed mass requirements) about the use on roads of heavy vehicles under particular mass limits, including, for example— (a) a requirement that drivers of heavy vehicles using the vehicles under mass limits applying only to particular areas or routes decided by the Regulator must comply with conditions on the use of heavy vehicles on roads under the mass limits imposed by the Regulator (including conditions required by road managers for the roads); and (b) a requirement that drivers of heavy vehicles who are driving the vehicles under particular mass limits must carry particular documents; and (c) a requirement that a particular document or other thing must be displayed on heavy vehicles used under particular mass limits. tare mass, of a heavy vehicle, means the mass of the vehicle that— (a) is ready for service; and (b) is fitted with all standard equipment, together with any options that are fitted; and (c) is unoccupied and unladen; and (d) has all fluid reservoirs (other than for fuel) filled to nominal capacity; and (e) has 10 litres of fuel in the fuel reservoir or reservoirs (but excluding any loaded fuel in excess of 10 litres). 96—Compliance with mass requirements (1) A person who drives, or permits another person to drive, a heavy vehicle on a road must ensure the vehicle, and the vehicle's components and load, comply with the mass requirements applying to the vehicle, unless the person has a reasonable excuse. (c) for a severe risk breach—$10 000, plus an additional maximum $500 for every additional 1% over a 120% overload (but so that the additional maximum penalty does not exceed $20 000). (4) If a PBS vehicle is authorised by its PBS vehicle approval to have a mass limit that exceeds a limit that would otherwise apply to the vehicle under a prescribed mass requirement, the authorised limit is taken to be the applicable limit, and the vehicle is regarded for the purposes of this Law as complying with the prescribed mass requirement. (5) This section does not apply to a specified PBS vehicle as defined in section 136(2). If a specified PBS vehicle does not comply with the mass requirements applying to the vehicle, it would be a class 2 heavy vehicle and could be dealt with under section 137. Division 2—Categories of breaches of mass requirements 97—Definitions for Division 2 severe risk breach lower limit, for a particular mass requirement applying to a heavy vehicle, means a mass equalling 120% of the maximum mass (rounded up to the nearest 0.1t) permitted for the vehicle under that mass requirement; substantial risk breach lower limit, for a particular mass requirement applying to a heavy vehicle, means the higher of the following: (a) a mass equalling 105% of the maximum mass (rounded up to the nearest 0.1t) permitted for the vehicle under that mass requirement; (b) 0.5t. 98—Minor risk breach A contravention of a mass requirement applying to a heavy vehicle is a minor risk breach if the subject matter of the contravention is less than the substantial risk breach lower limit for the requirement. 99—Substantial risk breach A contravention of a mass requirement applying to a heavy vehicle is a substantial risk breach if the subject matter of the contravention is— (a) equal to or greater than the substantial risk breach lower limit for the requirement; and (b) less than the severe risk breach lower limit for the requirement. 100—Severe risk breach A contravention of a mass requirement applying to a heavy vehicle is a severe risk breach if the subject matter of the contravention is equal to or greater than the severe risk breach lower limit for the requirement. Part 3—Dimension requirements 101—Prescribed dimension requirements (1) The national regulations may prescribe requirements (the prescribed dimension requirements) about the following: (a) the dimensions of a heavy vehicle (together with its equipment); (b) the dimensions of a component of a heavy vehicle; (c) the dimensions of a heavy vehicle's load. (2) Without limiting subsection (1), the prescribed dimension requirements may include requirements about the following: (a) the dimensions of a heavy vehicle (together with its equipment) disregarding its load; (b) the dimensions of a heavy vehicle together with its equipment and load; (c) the dimensions by which a heavy vehicle's load projects from the vehicle; (d) the internal measurements of a heavy vehicle, including, for example— (i) the distance between components of the vehicle; and (ii) for a combination, the distance between— (A) the component vehicles of the combination; or (B) a component vehicle of the combination and a component of another component vehicle of the combination. (3) The national regulations may also prescribe requirements (that are not prescribed dimension requirements) about the use of a vehicle to which a dimension requirement applies, including, for example, requirements about the use of signs and warning devices. 102—Compliance with dimension requirements (1) A person who drives, or permits another person to drive, a heavy vehicle on a road must ensure the vehicle, and the vehicle's components and load, comply with the dimension requirements applying to the vehicle, unless the person has a reasonable excuse. (a) if the heavy vehicle does not have goods or passengers in it—$3 000; or (b) if the heavy vehicle has goods or passengers in it— (i) for a minor risk breach—$3 000; or (ii) for a substantial risk breach—$5 000; or (iii) for a severe risk breach—$10 000. (4) If a PBS vehicle is authorised by its PBS vehicle approval to have a dimension that exceeds a dimension limit that would otherwise apply to the vehicle under a prescribed dimension requirement, the authorised dimension is taken to be the applicable dimension, and the vehicle is regarded for the purposes of this Law as complying with the prescribed dimension requirement. Division 2—Categories of breaches of dimension requirements 103—Application of Division 2 This Division applies to a heavy vehicle only while it is carrying goods or passengers. 104—Definitions for Division 2 severe risk breach lower limit means— (a) for a particular dimension requirement applying to a heavy vehicle relating to its length—the length equalling the maximum length permitted for the vehicle under the dimension requirement plus 600mm; or (b) for a particular dimension requirement applying to a heavy vehicle relating to its width—the width equalling the maximum width permitted for the vehicle under the dimension requirement plus 80mm; or (c) for a particular dimension requirement applying to a heavy vehicle relating to its height—the height equalling the maximum height permitted for the vehicle under the dimension requirement plus 300mm; or (d) for a particular dimension requirement applying to a heavy vehicle relating to its load projection—the projection of the vehicle's load equalling the maximum load projection permitted from any side of the vehicle under the dimension requirement plus 80mm; substantial risk breach lower limit means— (a) for a particular dimension requirement applying to a heavy vehicle relating to its length—the length equalling the maximum length permitted for the vehicle under the dimension requirement plus 350mm; or (b) for a particular dimension requirement applying to a heavy vehicle relating to its width—the width equalling the maximum width permitted for the vehicle under the dimension requirement plus 40mm; or (c) for a particular dimension requirement applying to a heavy vehicle relating to its height—the height equalling the maximum height permitted for the vehicle under the dimension requirement plus 150mm; or (d) for a particular dimension requirement applying to a heavy vehicle relating to its load projection—the projection of the vehicle's load equalling the maximum load projection permitted from any side of the vehicle under the dimension requirement plus 40mm. 105—Minor risk breach A contravention of a dimension requirement applying to a heavy vehicle is a minor risk breach if— (a) the dimension requirement relates to the vehicle's ground clearance; or (b) for a contravention of any other dimension requirement—the subject matter of the contravention is less than the substantial risk breach lower limit for the requirement. See also section 108(2). 106—Substantial risk breach (1) A contravention of a dimension requirement applying to a heavy vehicle is a substantial risk breach if— (a) the subject matter of the contravention is— (i) equal to or greater than a substantial risk breach lower limit for the requirement; and (ii) less than the severe risk breach lower limit for the requirement; or (b) the requirement is a substantial risk breach of a dimension requirement under subsection (2) or (3). (2) A contravention of a dimension requirement applying to a heavy vehicle relating to its length is a substantial risk breach if— (a) the contravention would only be a minor risk breach of the dimension requirement if this subsection were not enacted; and (i) the rear of the vehicle's load does not carry a sign or warning device required by the national regulations; or (ii) the vehicle's load projects in a way that is dangerous to persons or property. (3) A contravention of a dimension requirement applying to a heavy vehicle relating to its width is a substantial risk breach if— (a) the contravention would only be a minor risk breach of the dimension requirement if this subsection were not enacted; and (b) the contravention happens— (i) at night; or (ii) in hazardous weather conditions causing reduced visibility. See also section 108(3). 107—Severe risk breach (1) A contravention of a dimension requirement applying to a heavy vehicle is a severe risk breach if— (a) the subject matter of the contravention is equal to or greater than the severe risk breach lower limit for the dimension requirement; or (b) the contravention is a severe risk breach of the dimension requirement under subsection (2) or (3). (2) A contravention of a dimension requirement applying to a heavy vehicle relating to its length is a severe risk breach if— (a) the contravention would only be a substantial risk breach of the dimension requirement as provided by section 106(1)(a) if this subsection were not enacted; and (i) the rear of the vehicle's load does not carry a sign or warning device required by the national regulations; or (ii) the vehicle's load projects from it in a way that is dangerous to persons or property. (3) A contravention of a dimension requirement applying to a heavy vehicle relating to its width is a severe risk breach if— (a) the contravention would only be a substantial risk breach of the dimension requirement as provided by section 106(1)(a) if this subsection were not enacted; and (i) the contravention happens— (A) at night; or (B) in hazardous weather conditions causing reduced visibility; or (ii) the vehicle's load projects from it in a way that is dangerous to persons or property. Division 3—Other provisions relating to load projections 108—Dangerous projections taken to be contravention of dimension requirement (1) This section applies if a heavy vehicle's load projects in a way that is dangerous to persons or property even if all dimension requirements, and all warning and other requirements prescribed by the national regulations, are met. (2) The projection of the load is taken to be— (a) a contravention of a dimension requirement; and (b) a minor risk breach of that requirement unless subsection (3) applies. (3) The projection of the load is taken to be— (a) a contravention of a dimension requirement; and (b) a substantial risk breach of that requirement if the contravention happens— (i) at night; or (ii) in hazardous weather conditions causing reduced visibility. 109—Warning signals required for rear projection of loads (a) a load projects more than 1.2m behind a heavy vehicle consisting of only a motor vehicle; or (b) a load projects more than 1.2m behind either the towing vehicle or a trailer in a heavy combination; or (c) a load projects from a pole‑type trailer in a heavy combination; or (d) a load projects from a heavy vehicle in a way that it would not be readily visible to a person following immediately behind the vehicle. (2) A person must not use the heavy vehicle, or permit the heavy vehicle to be used, on a road unless— (a) during the daytime—a brightly coloured red, red and yellow, or yellow flag at least 300mm by 300mm is fixed to the extreme back of the load; or (b) at night—a light showing a clear red light to the back, visible at a distance of at least 200m, is fixed to the extreme back of the load. Part 4—Loading requirements 110—National regulations may prescribe loading requirements (1) The national regulations may prescribe requirements (the loading requirements) about securing a load on a heavy vehicle or a component of a heavy vehicle. (2) Without limiting subsection (1), the loading requirements may include requirements about the restraint or positioning of a load or any part of it on a motor vehicle or trailer. 111—Compliance with loading requirements (1) A person who drives, or permits another person to drive, a heavy vehicle on a road must ensure the vehicle, and the vehicle's components and load, comply with the loading requirements applying to the vehicle, unless the person has a reasonable excuse. (a) for a minor risk breach—$3 000; or (b) for a substantial risk breach—$5 000; or (c) for a severe risk breach—$10 000. Division 2—Categories of breaches of loading requirements 112—Minor risk breach A contravention of a loading requirement applying to a heavy vehicle is a minor risk breach if— (a) the subject matter of the contravention does not involve a loss or shifting of the load; and (b) had the subject matter of the contravention involved a loss or shifting of the load, the loss or shifting of the load would not have been likely to have involved— (i) an appreciable safety risk; or (ii) an appreciable risk of— (A) damage to road infrastructure; or (B) causing an adverse effect on public amenity. 113—Substantial risk breach (1) A contravention of a loading requirement applying to a heavy vehicle is a substantial risk breach if the subject matter of the contravention involves a loss or shifting of the load that does not involve— (a) an appreciable safety risk; or (b) an appreciable risk of— (i) damage to road infrastructure; or (ii) causing an adverse effect on public amenity. (2) A contravention of a loading requirement applying to a heavy vehicle is also a substantial risk breach if— (a) the subject matter of the contravention does not involve a loss or shifting of the load; and (b) had the subject matter of the contravention involved a loss or shifting of the load, the loss or shifting of the load would have been likely to have involved— (i) an appreciable safety risk; or (ii) an appreciable risk of— (A) damage to road infrastructure; or (B) causing an adverse effect on public amenity. 114—Severe risk breach A contravention of a loading requirement applying to a heavy vehicle is a severe risk breach if the subject matter of the contravention involves a loss or shifting of the vehicle's load that involves— (a) an appreciable safety risk; or (b) an appreciable risk of— (i) damage to road infrastructure; or (ii) causing an adverse effect on public amenity. Division 3—Evidentiary provision 115—Proof of contravention of loading requirement (1) In a proceeding for an offence against Division 1, the following is evidence that a load on a heavy vehicle was not placed, secured or restrained in compliance with a loading requirement applying to the vehicle: (a) evidence that the load was not placed, secured or restrained in a way that met a loading performance standard; (b) evidence that a load, or part of a load, has fallen off a heavy vehicle. (2) The national regulations may prescribe standards (the loading performance standards) for heavy vehicles.