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 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, or

(b) an offence against section 96, 102 or 129 of the Heavy Vehicle National Law (NSW).

(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