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). > > > (4) It is a defence to a prosecution for an offence against this section if the defendant proves to the court’s satisfaction that the defendant was not in a position to prevent the motor vehicle or trailer from being driven or stood on a road while loaded unsafely. > > > (5) For the purposes of this section, a motor vehicle or trailer is loaded unsafely if— > > > > > (a) a load on the motor vehicle or trailer is placed in a way that makes the motor vehicle or trailer unstable or unsafe, or > > > > > (b) a load on the motor vehicle or trailer is not secured in such a way that it is unlikely to fall or be dislodged from the motor vehicle or trailer, or > > > > > (c) an appropriate method is not used to secure a load on the motor vehicle or trailer. > > > (6) In proceedings for an offence against this section, it is sufficient to prove that a motor vehicle or trailer was loaded unsafely if the prosecution proves that the load on the vehicle or trailer was not placed, secured or restrained in a way that met the performance standards recommended in the following documents published by the National Transport Commission as in force from time to time— > > > > > (a) in respect of heavy vehicles—the Load Restraint Guide 2018, > > > > > (b) in respect of light vehicles—the Load Restraint Guide for Light Vehicles 2018. > > > (7) In this section— > > > > motor vehicle includes a combination consisting of a motor vehicle connected to one or more vehicles. > > **s 145:** Am 2019 No 1, Sch 1.16 \[2\].