104Duty of operator

104 Duty of operator

(1) This section applies where an operator arranges for a freight container to be transported in this jurisdiction by a vehicle or combination. (2) The operator must ensure that the driver of the vehicle or combination is provided, before the start of the driver’s journey in the course of the transport of the freight container in this jurisdiction, with a complying container weight declaration relating to the freight container. (3) If the freight container is to be transported by another road or rail carrier, the operator must ensure that the other carrier is provided with a complying container weight declaration relating to the freight container (or with the prescribed particulars contained in the declaration) by the time the other carrier receives the freight container. (4) If the driver does not have a complying container weight declaration (or the prescribed particulars contained in the declaration), the operator is taken to have contravened subsection (2) unless the operator establishes that the driver was provided with the declaration (or the prescribed particulars). (5) The operator is guilty of an offence if the operator engages in conduct that contravenes subsection (2) or (3). (6) The offences under this section are offences of absolute liability. (7) The person charged with an offence under this section has the benefit of the reasonable steps defence. (8) Any or all of subsections (2), (3) and (4) do not apply in circumstances prescribed by the regulations.