12Failure to comply with certain exemption conditions

12 Failure to comply with certain exemption conditions

If: (a) a person is prosecuted for an offence under these Regulations; and (b) the offence relates to the failure of a vehicle or combination to comply with a mass or dimension limit specified in these Regulations; and (c) an exemption has been given under any Regulations made under the Act that is subject to the condition that the vehicle or combination complies with a greater mass or dimension limit than the mass or dimension limit referred to in paragraph (b); and (d) at the time of the alleged offence, the vehicle or combination was travelling: (i) on a route other than a route on which the vehicle or combination was permitted to travel under a condition of the exemption; or (ii) at a time other than a time at which the vehicle or combination was permitted to travel under a condition of the exemption; or (iii) accompanied by fewer than the number of pilot or escort vehicles required under a condition of the exemption; or (iv) with an aggregate mass that is more than 10% in excess of the limit allowed under a condition of the exemption; the exemption must be disregarded for the purposes of the prosecution.