145Offences involving death, injury or damage resulting from unsafe loads

145 Offences involving death, injury or damage resulting from unsafe loads

145 Offences involving death, injury or damage resulting from unsafe loads

(cf STM Act, s 58)

(1) A person is guilty of an offence if—

(a) the person knows, or ought reasonably to know, that a motor vehicle or trailer is loaded unsafely, and

(b) the person drives or causes or permits the motor vehicle or trailer to be driven or to stand on a road, and

(c) death or personal injury to a person, or damage to property (other than the motor vehicle, trailer or load), occurs while the motor vehicle or trailer is being so driven or stood because it is loaded unsafely.

Maximum penalty—50 penalty units or imprisonment for 12 months or both (in the case of an individual) or 100 penalty units (in the case of a corporation).

(2) The responsible person for a motor vehicle or trailer is guilty of an offence if—

(a) the motor vehicle or trailer is loaded unsafely and is driven or stood on a road, and

(b) the person knows, or ought reasonably to know, that the motor vehicle or trailer is loaded unsafely, and

(c) death or personal injury to a person, or damage to property (other than the motor vehicle, trailer or load), occurs while the motor vehicle or trailer is being so driven or stood because it is loaded unsafely.

Maximum penalty—50 penalty units or imprisonment for 12 months or both (in the case of an individual) or 100 penalty units (in the case of a corporation).

(3) A person is guilty of an offence if—

(a) the person is a director of, or a person concerned in the management of, a corporation that is the responsible person for a motor vehicle or trailer that is loaded unsafely and is driven or stood on a road, and

(b) the person knows, or ought reasonably to know, that the motor vehicle or trailer is loaded unsafely, and

(c) death or personal injury to a person, or damage to property (other than the motor vehicle, trailer or load), occurs while the motor vehicle or trailer is being so driven or stood because it is loaded unsafely.

Maximum penalty—50 penalty units or imprisonment for 12 months or both (in the case of an individual) or 100 penalty units (in the case of a corporation).