48Breach of dimension or mass

48 Breach of dimension or mass

(1)  A person must not use, or cause or permit the use of, a vehicle or combination that is subject to an exemption, if the dimensions or mass for that vehicle or combination, inclusive of any load, exceed the dimensions or mass limits prescribed in the exemption applicable to that vehicle or combination.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 20 penalty units; or

(b) a subsequent offence, a fine not exceeding 40 penalty units.

(2)  Where a person is convicted of an offence or offences under this regulation relating to exceeding the mass limit for a vehicle or combination, the court must, in addition to imposing any other penalty in respect of that offence, impose a fine in respect of each offence of –

(a) 0.4 penalty units for the first tonne or part of a tonne of the mass in excess of any maximum mass authorised for the vehicle by these regulations; and

(b) one penalty unit for each additional tonne or part of a tonne in excess of that maximum mass.