65BProhibition on drivers of heavy vehicles exceeding speed limit by 35km/h or more

65B Prohibition on drivers of heavy vehicles exceeding speed limit by 35km/h or more A driver of a heavy vehicle must not drive the heavy vehicle at a speed that exceeds the speed limit for the length of road where the driver is driving by 35 kilometres per hour or more. Penalty: In the case of a natural person, 30 penalty units; In the case of a body corporate, 120 penalty units. Note to s. 65B inserted by No. 75/2012 s. 3(2). A body corporate may be guilty of the offence by force of section 84BC. S. 65BA inserted by No. 8/2019 s. 148. 65BA Driving of heavy vehicle in a no-truck zone (1) A person must not drive a heavy vehicle in a no‑truck zone, except in accordance with subsection (2). (2) A person may drive a heavy vehicle in a no‑truck zone if the heavy vehicle is— (a) a bus; or (b) a prescribed class of heavy vehicle; or (c) being driven for the purpose of performing construction or maintenance works within a no‑truck zone; or (d) being driven in the course of making a delivery of goods to a place or from a place within a no-truck zone; or S. 65BA(2)(e) amended by No. 46/2024 s. 4(a). (e) being driven to a place or from a place within a no-truck zone for the purpose of the repair or sale of the heavy vehicle; or S. 65BA(2)(f) inserted by No. 46/2024 s. 4(b). (f) being driven in prescribed circumstances. S. 65BB inserted by No. 8/2019 s. 148. 65BB Extended liability for driving of heavy vehicle in a no-truck zone (1) Subject to subsection (2), if a driver of a heavy vehicle commits an offence against section 65BA(1), the following persons also commit an offence against section 65BA(1)— (a) an employer of the driver of the heavy vehicle; (b) an operator or registered operator of the heavy vehicle; (c) the person who contracted with the driver of the heavy vehicle for provision of services for the consignment of goods for transport by road. (2) A person referred to in subsection (1)(a), (b) or (c) does not commit an offence against section 65BA(1) if the person took ***reasonable steps*** that include— (a) the person did not know, and could not reasonably be expected to have known, of the conduct of the driver of the heavy vehicle that constituted the commission of the offence; and (i) the person had taken all steps to prevent that conduct from occurring; or (ii) there were no steps that the person could reasonably be expected to have taken to prevent the conduct from occurring. (3) Without limiting subsection (2), in determining whether a person referred to in subsection (1)(a), (b) or (c) has taken ***reasonable steps***, a court may have regard to— (a) the circumstances of the offence; and (b) without limiting paragraph (a), the measures available and measures taken for all or any of the following— (i) to manage, reduce or eliminate the risk of the offence being committed; (ii) to exercise supervision or control over the driver involved in the commission of the offence; (iii) to exercise supervision or control over activities leading to the commission of the offence; (iv) to include compliance assurance conditions in relevant commercial arrangements; (v) to provide information, instruction, training and supervision to employees to ensure compliance with section 65BA; (vi) to maintain work systems to enable compliance with section 65BA; and (c) the personal expertise and experience that the person had or ought to have had. S. 65BC inserted by No. 8/2019 s. 148. 65BC Prosecution (1) If more than one person is liable to be found guilty of an offence against section 65BA(1), proceedings may be taken against all or any persons liable to be found guilty of the offence. (2) Proceedings may be taken against all or any persons liable to be found guilty of the offence— (a) regardless of whether or not proceedings have been commenced against any person; and (b) if proceedings have commenced against a person, regardless of whether or not those proceedings have finished; and (c) if proceedings have finished against a person, regardless of the outcome of those proceedings. S. 65BD inserted by No. 8/2019 s. 148. 65BD Exclusion of double jeopardy A person may be punished only once for an act that constitutes an offence against section 65BA(1). S. 65BE inserted by No. 8/2019 s. 148. 65BE Declaration of area of land to be no-truck zone (1) The Minister, by notice published in the Government Gazette, may declare an area of land specified in the declaration to be a no-truck zone. (2) A declaration under this section— (a) may be of general or limited application; or (b) may differ according to differences in time, place or circumstance. (3) The Minister, by notice published in the Government Gazette, may amend or revoke a declaration made under this section. S. 65C inserted by No. 70/2016 s. 24.