46Suspension of registration for dimension requirement offence

#### 46 Suspension of registration for dimension requirement offence 46 Suspension of registration for dimension requirement offence (cf 2007 reg cl 41A) > > (1) Transport for NSW may suspend the registration of a heavy vehicle for a period not exceeding 6 months if— > > > > > (a) a dimension requirement offence involving the vehicle has been committed and one of the following applies— > > > > > > > (i) a court has convicted a person of the offence (whether or not it has imposed any penalty), > > > > > > > (ii) an amount has been paid under a penalty notice for the offence, > > > > > > > (iii) a penalty notice enforcement order under the [Fines Act 1996](/view/html/inforce/current/act-1996-099) has been made against a person for the offence, or > > > > > (b) Transport for NSW is satisfied that a dimension requirement offence involving the vehicle has been committed and the vehicle— > > > > > > > (i) caused damage to road infrastructure, or > > > > > > > (ii) was involved in an accident, or > > > > > > > (iii) caused a danger or obstruction to traffic, or > > > > > > > (iv) caused an adverse effect on public amenity. > > > > Note. > > > > A decision of Transport for NSW to suspend the registration of a heavy vehicle under this subclause is an appealable decision in respect of which a person affected has a right of appeal to the Local Court. See sections 266 and 267 of the Act. > > > (2) A dimension requirement offence is— > > > > > (a) an offence against rule 102, 103, 104 or 106(2) of the [Road Rules 2014](/view/html/inforce/current/sl-2014-0758), or > > > > > (b) an offence against section 96, 102 or 129 of the [Heavy Vehicle National Law (NSW)](/view/html/inforce/current/act-2013-42a). > > > (3) Clause 47 does not apply to a decision to suspend registration under subclause (1). However, before suspending the registration of a heavy vehicle under that subclause, Transport for NSW— > > > > > (a) must give the registered operator of the vehicle notice in writing of the matters referred to in clause 47(1)(a) and (b) and the period of suspension, and > > > > > (b) may follow any other procedures prescribed by clause 47 or any other procedures that it considers appropriate. > > **cl 46:** Am 2022 (758), Sch 1.4; 2025 (125), Sch 4\[5\].