Part 9Other offences

Part 9—Other offences Division 1—Towing restriction 184—Towing restriction (1) A person must not drive a heavy motor vehicle towing more than 1 other vehicle. (2) Subsection (1) does not apply to a person driving a heavy vehicle— (a) under a mass or dimension authority; or (b) in circumstances prescribed by the national regulations. Division 2—Coupling requirements 185—Requirements about coupling trailers (a) the person uses, or permits to be used, on a road a heavy combination; and (b) a trailer in the combination is not securely coupled to the vehicle in front of it. (2) A person commits an offence if— (a) the person uses, or permits to be used, on a road a heavy combination; and (b) the components of a coupling used between vehicles in the heavy combination are not compatible with, or properly connected to, each other. coupling means a device used to couple a vehicle in a combination to the vehicle in front of it. Division 3—Transport documentation 186—False or misleading transport documentation for goods (1) This section applies if goods are consigned for road transport using a heavy vehicle, or for transport partly by road using a heavy vehicle and partly by some other means. (2) The consignor of the goods must ensure, so far as is reasonably practicable, the consignment documentation is not false or misleading. (3) If the goods are Australian‑packed goods, the packer of the goods must ensure, so far as is reasonably practicable, the consignment documentation is not false or misleading. (4) If the goods are overseas‑packed goods, the receiver of the goods must ensure, so far as is reasonably practicable, the consignment documentation is not false or misleading. (5) If the goods are loaded on the heavy vehicle, the loading manager for, or loader of, the goods must ensure, so far as is reasonably practicable, the consignment documentation is not false or misleading. (8) In a proceeding for an offence against subsection (2), (3), (4) or (5), it is enough for a charge to state that the transport documentation was 'false or misleading', without specifying whether it was false or whether it was misleading. Australian‑packed goods means goods packed— (a) in Australia; and (b) on a pallet or in a package, freight container or other container; consignment documentation, for goods, means the transport documentation for the consignment of the goods, in so far as the documentation relates to the mass, dimension or loading of any or all of the goods; overseas‑packed goods means goods packed— (a) outside Australia; and (b) on a pallet or in a package, freight container or other container; receiver, of goods in Australia, means a person who, other than the person who merely unloads the goods— (a) first receives the goods in Australia; or (b) unpacks the goods after the goods are first unloaded in Australia. 187—False or misleading information in container weight declaration (1) This section applies in relation to a freight container to be transported by road using a heavy vehicle, or partly by road using a heavy vehicle and partly by some other means. (2) The responsible entity for the freight container must ensure, so far as is reasonably practicable, the container weight declaration for the container that is given to an operator of the heavy vehicle is not false or misleading. (3) An operator of the heavy vehicle must ensure, so far as is reasonably practicable, the container weight declaration for the container that is given to the vehicle's driver is not false or misleading. (4) For the purposes of this section, information in a container weight declaration is not false or misleading merely because it overstates the actual weight of the freight container and its contents. (7) In a proceeding for an offence against subsection (2) or (3), it is enough for a charge to state that information contained in the container weight declaration was 'false or misleading', without specifying whether it was false or whether it was misleading. Division 4—Other offences about container weight declarations 188—Application of Division 4 This Division applies to a freight container consigned for road transport using a heavy vehicle, or for transport partly by road using a heavy vehicle and partly by some other means. 189—Meaning of complying container weight declaration A container weight declaration for a freight container is a complying container weight declaration if— (a) it contains the following additional information: (i) the number and other particulars of the freight container necessary to identify the container; (ii) the name and residential address or business address in Australia of the responsible entity for the freight container; (iii) the date the container weight declaration is made; and (b) it is written and easily legible. 190—Duty of responsible entity (1) The responsible entity for the freight container must ensure an operator or driver of a heavy vehicle does not transport the freight container by road using the vehicle without a complying container weight declaration for the freight container containing information in the form required under section 192A, unless the responsible entity has a reasonable excuse. 191—Duty of operator (1) An operator of a heavy vehicle must ensure the vehicle's driver does not transport the freight container by road using the vehicle without a complying container weight declaration for the freight container containing information in the form required under section 192A. (2) If the driver of a heavy vehicle does not have the complying container weight declaration when transporting the freight container by road using the vehicle, an operator of the vehicle is taken to have contravened subsection (1) unless the operator— (a) proves that the driver was provided with the declaration before the driver started transporting the freight container; or (b) has a reasonable excuse. (3) If the freight container is to be transported by another carrier, an operator of a heavy vehicle must, unless the operator has a reasonable excuse, ensure the freight container is not given to the carrier unless the carrier has been provided with— (a) a complying container weight declaration for the freight container containing information in the form required under section 192A; or (b) the prescribed particulars contained in a complying container weight declaration for the freight container. another carrier means another operator of a heavy vehicle or another person who is to transport the freight container other than by road; prescribed particulars, contained in a complying container weight declaration for a freight container, means— (a) information about the weight of the freight container and its contents; and (b) the information mentioned in section 189(a). 192—Duty of driver (1) A person must not drive a heavy vehicle loaded with the freight container on a road without a complying weight declaration for the container, unless the person has a reasonable excuse. (2) The driver of a heavy vehicle loaded with the freight container must, unless the driver has a reasonable excuse, when driving the vehicle on a road, keep the complying container weight declaration for the container— (a) in or about the vehicle; and (b) in a way that ensures information in the declaration is in the form required under section 192A. 192A—Form of information in container weight declaration (1) This section applies for the purposes of sections 190(1), 191(1) and (3)(a) and 192(2)(b). (2) The responsible entity, operator or driver must ensure the information in the container weight declaration is in a form readily available to an authorised officer who seeks to ascertain it while in the presence of the freight container, including, for example, by— (a) examining documents located in the heavy vehicle on which the freight container is loaded or to be loaded; or (b) examining documents made available to the authorised officer on an electronic device or otherwise in electronic form. Division 5—Other offences 193—Weight of freight container exceeding weight stated on container or safety approval plate (1) This section applies if a freight container contains goods consigned for road transport using a heavy vehicle, or for transport partly by road using a heavy vehicle and partly by some other means. (2) Each consignor or packer of the goods must ensure, so far as is reasonably practicable, the weight of the container does not exceed the maximum gross weight marked on— (a) the container; or (b) the container's safety approval plate. safety approval plate, for a freight container, means the safety approval plate required to be attached to the container under the International Convention for Safe Containers set out in Schedule 5 of the Navigation Act 1912 of the Commonwealth.