Div 3BProvisions relating to breaches of light vehicle mass, dimension and load restraint requirements

Division 3B—Provisions relating to breaches of light vehicle mass, dimension and load restraint requirements Subdivision 1—Preliminary 119—Meaning of breach of light vehicle mass, dimension or load restraint requirement For the purposes of this Act, there is a breach of a light vehicle mass, dimension or load restraint requirement if— (a) a light vehicle is driven on a road; and (b) the vehicle does not comply with a light vehicle mass, dimension or load restraint requirement. Subdivision 3—Liability for breaches of light vehicle mass, dimension or load restraint requirements 123—Liability of driver A person commits an offence if— (a) there is a breach of a light vehicle mass, dimension or load restraint requirement; and (b) the person is the driver of the light vehicle concerned. 124—Liability of operator (a) there is a breach of a light vehicle mass, dimension or load restraint requirement; and (b) the person is the operator of the light vehicle concerned. (2) It is a defence to a charge for an offence against this section if the person charged establishes that the vehicle was being used at the relevant time by— (a) another person not entitled (whether by express or implied authority or otherwise) to use it, other than an employee or agent of the person; or (b) by an employee of the person who was acting at the relevant time outside the scope of the employment; or (c) by an agent of the person who was acting at the relevant time outside the scope of the agency. Division 4—Enforcement powers Subdivision 1—Defect notices relating to breaches of light vehicle standards or maintenance requirements 145—Defect notices defect notice means a notice issued under subsection (5); repairs means repairs, replacements, reconditioning, additions, adjustments or work of any kind for remedying deficiencies or defects; safety risk means a risk— (a) to public safety; or (b) of harm to the environment; vehicle means a light vehicle; vehicle registration authority means the Registrar of Motor Vehicles or the corresponding authority of another State or a Territory of the Commonwealth. (1aa) For the purposes of this section, a vehicle has deficiencies if the vehicle is in a condition such that there would be a breach of a light vehicle standards or maintenance requirement if the vehicle were driven on a road. (1a) An authorised officer may direct the driver of a vehicle to stop the vehicle and may examine the vehicle if the vehicle has deficiencies or the officer suspects on reasonable grounds that the vehicle has deficiencies. (1b) Despite subsection (1a), an authorised officer may direct the driver of a vehicle of a prescribed class to stop the vehicle and may examine the vehicle for the purposes of determining whether the vehicle has deficiencies (whether or not there is reason to suspect that the vehicle has deficiencies). (2) If an authorised officer suspects on reasonable grounds that a vehicle has deficiencies, the officer may direct the owner, the operator or the person in charge of the vehicle to produce it for examination at a specified time and place. (2a) An authorised officer may, at any time when any premises where vehicles are exhibited or kept for sale or hire are open for business, for the purposes of determining whether a vehicle exhibited or kept for sale or hire on those premises has deficiencies, examine the vehicle or direct the owner, the operator or the person in charge of the vehicle to produce it for examination at a time and place stated by the authorised officer. (3) A person must comply with a direction given under this section. (4) An authorised officer may for the purposes of examining a vehicle under this section— (a) cause the vehicle to be examined by any other person; and (b) drive or test, or cause any other person to drive or test, the vehicle. (4a) If, on examination of a vehicle, an authorised officer is of the opinion that the vehicle has deficiencies but that further use of the vehicle on roads would not give rise to a safety risk, the officer may issue a formal written warning to the driver of the vehicle or, if the vehicle is unattended, cause a formal written warning to be affixed to the vehicle. (4b) A driver of a vehicle who is given a formal written warning must cause the warning to be sent to the registered operator of the vehicle. (4c) A formal written warning must— (a) state the date of issue of the warning; and (b) identify the authorised officer who issued the warning; and (c) identify the vehicle to which the warning relates; and (d) state details of the vehicle's deficiencies and the repairs that should be made to the vehicle to remedy those deficiencies; and (e) state such other matters as may be prescribed. (5) If, on examination of a vehicle, an authorised officer is of the opinion that the vehicle has deficiencies and reasonably believes that further use of the vehicle on roads would give rise to a safety risk, the officer may issue a written notice (a defect notice) in relation to the vehicle, being— (a) if the officer reasonably believes that further use of the vehicle on roads after the time specified in the notice would give rise to an imminent and serious safety risk—a major vehicle defect notice; or (b) in any other case—a minor vehicle defect notice. (5a) An authorised officer who issues a defect notice in relation to a vehicle must— (a) give the defect notice to the driver of the vehicle if the driver is present or, if the vehicle is unattended, cause the defect notice to be affixed to the vehicle; and (b) cause a defective vehicle label to be affixed to the vehicle; and (c) cause a copy of the defect notice to be sent to the Registrar of Motor Vehicles. (5b) A driver of a vehicle who is given a defect notice must cause the defect notice to be sent to the registered operator of the vehicle. (5c) A defect notice must— (a) state the date of issue of the notice; and (b) identify the authorised officer who issued the notice; and (c) identify the vehicle to which the notice relates; and (d) state whether the defect notice is a major vehicle defect notice or a minor vehicle defect notice; and (e) state details of the vehicle's deficiencies and the repairs that are required to be made to the vehicle to remedy those deficiencies; and (f) specify the means by which the vehicle must be moved to the place at which the repairs required by the notice are to be made; and (g) direct that the vehicle must not, except as provided in the defect notice, stand or be driven on a road, or be sold or otherwise disposed of, after the issue of the defect notice until— (i) the vehicle has been produced at a place specified in the notice for examination; and (ii) a certificate (a clearance certificate) has been issued by an authorised officer or a vehicle registration authority certifying that the repairs required by the notice have been made; and (iii) an authorised officer or a vehicle registration authority has caused the defective vehicle label affixed to the vehicle under subsection (5a) to be defaced or removed from the vehicle; and (h) state such other matters as may be prescribed. (5d) An authorised officer or a vehicle registration authority may examine a vehicle for the purpose of determining whether the repairs required by a defect notice issued in relation to the vehicle (whether issued under this section or under provisions of a law of another State or a Territory of the Commonwealth that correspond to this section) have been made and whether the vehicle has any other deficiencies. (5e) A defective vehicle label must— (a) state the date of issue of the label; and (b) identify the authorised officer who issued the label; and (c) state the number allotted to the vehicle under section 46 of the Motor Vehicles Act 1959; and (d) state the time and date after which the vehicle must not be used on roads; and (e) specify the means by which the vehicle must be moved to the place at which the repairs required by the defect notice issued in relation to the vehicle are to be made; and (f) state the serial number of the defect notice to which the label relates; and (g) state such other matters as may be prescribed. (5f) A person must not, without lawful authority, deface, alter or obscure a defective vehicle label or remove a defective vehicle label from a vehicle to which it is affixed. (5g) An authorised officer— (a) may at any time vary or withdraw a defect notice; and (b) must cause notice of the withdrawal of a defect notice to be sent to the Registrar of Motor Vehicles and the registered operator of the vehicle in relation to which the defect notice was given. (5h) An authorised officer who issues a clearance certificate must cause a copy of the certificate to be sent to the Registrar of Motor Vehicles. (6) A person must not drive a vehicle, or cause or permit a vehicle to be driven or to stand, on a road, or sell or otherwise dispose of a vehicle, contrary to the terms of a defect notice. (6a) It is a defence to a charge under subsection (6) of having sold or otherwise disposed of a vehicle contrary to the terms of a defect notice if the defendant satisfies the court that at the time of the sale or disposal the defendant had reason to believe that the vehicle was not intended to be used on a road after the sale or disposal. (7) The Registrar of Motor Vehicles must— (a) record on the register of motor vehicles— (i) details of any defect notice issued under this section; or (ii) if a defect notice is issued under provisions of a law of another State or a Territory of the Commonwealth that correspond to this section in relation to a vehicle registered in this State—details of that defect notice; (b) remove from the register details of any such notice if the Registrar is satisfied— (i) that a clearance certificate has been issued in respect of the vehicle in relation to which the defect notice was issued; or (ii) that the defect notice has been withdrawn. (8) The Minister may, by notice in writing, authorise a person in accordance with the regulations to exercise any of the powers of an authorised officer under this section specified in the notice. (9) An authorisation issued under subsection (8) may be subject to conditions and may be revoked at any time. (10) The Minister may, for the purposes of this section, establish a code of practice to be observed by persons authorised under subsection (8). (11) A person who contravenes a code of practice established under subsection (10) is guilty of an offence. (12) The Commissioner of Police— (a) must, on the request of the Minister; and (b) may, at any other time, provide the Minister with such information as may be relevant to the question of whether a particular person is a fit and proper person to be authorised under subsection (8). (13) No liability attaches to a person authorised to exercise powers under this section for an honest act or omission in the performance or purported performance of functions under this section. (14) A liability that would, but for subsection (13), attach to a person attaches instead to the Crown. (15) If a copy of a defect notice or clearance certificate is required to be sent to the Registrar of Motor Vehicles, the notice or certificate may be sent in electronic form. Subdivision 2—Powers relating to breaches of light vehicle mass, dimension or load restraint requirements 146—Directions and authorisations (1) If an authorised officer believes on reasonable grounds that a light vehicle is the subject of 1 or more breaches of light vehicle mass, dimension or load restraint requirements, the officer may— (a) if the officer does not give a direction under paragraph (b)—authorise the driver of the vehicle to continue its journey under this section; or (b) if the officer believes on reasonable grounds that particular circumstances exist for the purposes of this section warranting the giving of a direction under this paragraph—direct the driver or operator of the vehicle— (i) to rectify specified breaches of light vehicle mass, dimension or load restraint requirements then and there; or (ii) if the officer also believes on reasonable grounds that the vehicle should be moved to another location—to move it or cause it to be moved to a specified suitable location that is within the prescribed distance, and not to proceed from there until specified breaches of light vehicle mass, dimension or load restraint requirements are rectified. (2) Without limiting the above, particular circumstances exist for the purposes of this section warranting the giving of a direction if— (a) rectification is reasonable and can be carried out easily; or (b) rectification is necessary in the public interest to avoid potential risk of harm to public safety, the environment, road infrastructure or public amenity. (4) If a direction is given in relation to a light vehicle that is a combination, nothing in this section prevents a component vehicle of the combination from being separately driven or moved if— (a) the component vehicle is not itself the subject of a breach of a light vehicle mass, dimension or load restraint requirement; and (b) it is not otherwise unlawful for the component vehicle to be driven or moved. (5) However, subsection (4) does not apply if there is also a direction that prevents the component vehicle from being separately driven or moved. (6) If an authorised officer believes on reasonable grounds that— (a) a light vehicle is the subject of 1 or more breaches of light vehicle mass, dimension or load restraint requirements; and (b) the driver of the vehicle is not or is no longer the subject of a direction for the rectification of the breach or breaches, the officer may authorise the driver of the vehicle to continue its journey. (7) An authorisation may be granted under this section unconditionally or subject to conditions imposed by the officer. (8) A person commits an offence if— (a) the person is granted an authorisation under this section; and (b) the authorisation is subject to a condition; and (c) the person engages in conduct that results in a contravention of the condition. (9) An authorised officer may give a direction or authorisation under this section orally or in writing. component vehicle of a combination means a towing vehicle or trailer of the combination; prescribed distance means a distance (in any direction) within a radius of 30 kilometres of— (a) the location of the vehicle when the direction is given; or (b) any point along the forward route of the journey, if the direction is given in the course of a journey of the vehicle; suitable location means a location that the officer believes on reasonable grounds to be suitable for the purpose of complying with the direction, having regard to any matters the officer considers relevant in the circumstances. (11) This section applies to a vehicle regardless of whether or not the vehicle is, has been or becomes the subject of a direction under Part 2 Division 5. (12) This section does not limit or prevent the exercise of powers under Part 2 Division 5 for the purpose of determining whether there is or has been a breach of a light vehicle mass, dimension or load restraint requirement (or any other purpose). Division 5—Further safety provisions 161A—Driving of certain light vehicles subject to Ministerial approval (1) A person must not drive a light vehicle to which this section applies on or over a road without the approval of the Minister. (2) An approval under subsection (1) is subject to such conditions (if any) as the Minister thinks fit and specifies in the instrument or notice of approval. (3) This section applies to— (a) air cushioned vehicles; and (b) any other vehicle of a class declared by regulation to be a class of vehicles to which this section applies. 162A—Seat belts and child restraints (1) Subject to this section and the regulations, every motor vehicle must be equipped in accordance with the regulations with seat belts, anchorages for seat belts and anchorages for child restraints. (3) The Governor may, by regulation— (a) declare that any vehicle or vehicles of any class are exempt from the provisions of this section; and (b) prescribe specifications as to the design, materials, strength, construction and installation of seat belts, anchorages for seat belts, child restraints and anchorages for child restraints; and (c) prescribe the seating positions for which seat belts, anchorages for seat belts or anchorages for child restraints are required; and (d) prescribe any other matters or specifications relating to seat belts, anchorages for seat belts, child restraints or anchorages for child restraints. (4) The Minister may, in respect of any particular vehicle or vehicles of any particular class, approve specifications in relation to the seat belts with which that vehicle or vehicles of that class are to be equipped. (5) A vehicle equipped with seat belts in accordance with specifications approved under subsection (4) will be taken to comply with this section. 162B—Safety helmets for riders The Governor may, by regulation— (a) prescribe specifications as to the design, material, strength and construction of safety helmets for use by persons riding or being carried on motor bikes, bicycles or personal mobility devices; and (b) prescribe any other matters or specifications relating to safety helmets for such use. 162C—Safety helmets and riders of wheeled recreational devices and wheeled toys (1) A person must not ride, or ride on, a wheeled recreational device or wheeled toy unless the person is wearing a safety helmet that complies with the regulations and is properly adjusted and securely fastened. (2) A person must not ride a wheeled recreational device or wheeled toy on which a child under the age of 16 years is carried unless the child is wearing a safety helmet that complies with the regulations and is properly adjusted and securely fastened. (2a) A parent or other person having the custody or care of a child under the age of 16 years must not cause or permit the child to ride or be carried on a wheeled recreational device or wheeled toy unless the child is wearing a safety helmet that complies with the regulations and is properly adjusted and securely fastened. (2c) It is a defence to a charge under this section for the defendant to prove that there were in the circumstances of the case special reasons justifying non-compliance with the requirements of this section. (3) The Governor may, by regulation— (a) prescribe specifications as to the design, materials, strength and construction of safety helmets for use by persons riding or being carried on wheeled recreational devices or wheeled toys; and (b) prescribe any other matters or specifications relating to safety helmets for such use. (4) This section does not apply to or in relation to a person who rides, rides on or is carried on a wheeled recreational device or wheeled toy if that person— (a) is of the Sikh religion; and (b) is wearing a turban. Division 7—Power of exemption 163AA—Power of exemption (1) The Minister may, by instrument in writing or by notice in the Gazette— (a) exempt— (i) any specified vehicle; or (ii) any vehicles of a specified class; or (iii) vehicles carrying loads of a specified kind, from specified provisions of this Part; or (b) vary or revoke an exemption under paragraph (a). (2) An exemption under subsection (1) is subject to such conditions and limitations (if any) as the Minister thinks fit and specifies in the instrument or notice of exemption.