78Use of dangerously defective motor vehicles

78 Use of dangerously defective motor vehicles

78 Use of dangerously defective motor vehicles

(cf VR Act, s 27B)

(1) A person must not—

(a) use a heavy motor vehicle that is dangerously defective on a road, or

(b) cause or permit a heavy motor vehicle that is dangerously defective to be used on a road.

Maximum penalty—20 penalty units.

(2) Subsection (1) does not apply to or in respect of—

(a) the use of a dangerously defective heavy motor vehicle if the motor vehicle is at, or in the vicinity of, the scene of an accident and its condition is the result of damage caused by the accident, or

(b) the use by a person of a dangerously defective heavy motor vehicle if the person is aware of the condition of the motor vehicle and has taken, or is taking, all such action as is reasonable in the circumstances to have the motor vehicle repaired or removed from a road, or

(c) the use by a person of a dangerously defective heavy motor vehicle that is being inspected or tested under subsection (3), or

(d) the use of a dangerously defective heavy motor vehicle in any other circumstances prescribed by the statutory rules.

(3) For the purpose of ascertaining whether a heavy motor vehicle that is being used on a road is dangerously defective, any police officer or Transport for NSW may cause the motor vehicle to be inspected and tested.

(4) Without limiting any other function, any police officer or Transport for NSW may, for the purposes of this section, do any one or more of the following—

(a) request or signal the driver of a heavy motor vehicle to stop the motor vehicle,

(b) request the driver of a heavy motor vehicle—

(i) to produce for inspection the driver licence to drive the motor vehicle, and

(ii) to state the driver’s name and address,

(c) request the driver of a heavy motor vehicle to furnish the officer or Transport for NSW with such information as the officer or Transport for NSW may reasonably require,

(d) request the driver of a heavy motor vehicle to do such other things as the officer or Transport for NSW may reasonably require for the purpose of facilitating the inspection and testing of the motor vehicle.