Australian Capital Territory
Road Transport (Offences) Amendment Regulation 2016 (No 1)
Subordinate Law SL2016-1

The Australian Capital Territory Executive makes the following regulation under the Road Transport (General) Act 1999.
Dated 4 February 2016.
Shane Rattenbury
Minister
Meegan Fitzharris
Minister

Australian Capital Territory
Road Transport (Offences) Amendment Regulation 2016 (No 1)
Subordinate Law SL2016-1
made under the
Road Transport (General) Act 1999

    

1	Name of regulation
This regulation is the Road Transport (Offences) Amendment Regulation 2016 (No 1).
2	Commencement
This regulation commences on the later of— 
	(a)	6 February 2016; and
	(b)	the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This regulation amends the Road Transport (Offences) Regulation 2005.

4	Schedule 1, parts 1.2A and 1.2B
substitute
Part 1.2A	Heavy Vehicle National Law (ACT)

column 1
item	column 2
offence provision and, if relevant, case	column 3
short description	column 4
offence penalty ($)	column 5
infringement penalty ($)	column 6
demerit points	
1	60 (1)					
1.1	·	if heavy vehicle standard relates to speed limiter	use of heavy vehicle that contravenes heavy vehicle standard relating to speed limiter	6 300	630		
1.2	·	in any other case	use of heavy vehicle that contravenes heavy vehicle standard not relating to speed limiter	3 150	315		
2	79 (2)	not return as required amended/cancelled vehicle standards exemption (permit)	4 200	420		
3	80 (1)	not apply as required for replacement for defaced/destroyed/lost/stolen permit for vehicle standards exemption (permit)	4 200			
4	81 (1)	contravene condition of vehicle standards exemption	4 200	420		
5	81 (2)	use/permit to be used/heavy vehicle that contravenes condition of vehicle standards exemption	4 200	420		
6	81 (3)	use/permit to be used/heavy vehicle in way that contravenes condition of vehicle standards exemption	4 200	420		
7	82 (2)	driver of heavy vehicle fail to comply with condition of vehicle standards exemption (notice) that must keep relevant document in driver’s possession	3 150	315		
8	82 (3)	each relevant party for driver of heavy vehicle commits offence if driver commits offence against s 82 (2)	3 150	315		
9	83 (1)	driver of heavy vehicle not keep copy of permit for vehicle standards exemption (permit) in driver’s possession	3 150	315		
10	83 (2)	driver of heavy vehicle not return copy of permit for vehicle standards exemption (permit) to relevant party for driver on stopping working for relevant party	3 150	315		
11	83 (3)	each relevant party for driver of heavy vehicle commits offence if driver commits offence against s 83 (1)	3 150	315		
12	85 (1)	unapproved modification of heavy vehicle	3 150	315		
13	85 (2)	use/permit to be used unapproved modified heavy vehicle	3 150	315		
14	86 (2)	approved vehicle examiner who approves modification of heavy vehicle not give certificate approving modification as required and not ensure complying plate/label fitted/affixed to vehicle	3 150	315		
15	87A (1)	tamper with plate/label fitted/affixed to heavy vehicle	3 150	315		
16	89 (1)	use/permit to be used unsafe heavy vehicle	6 300	630		
17	90 (1)	use/permit to be used heavy vehicle not fitted with emission control system if required by heavy vehicle standard	3 150	315		
18	90 (2)	use/permit to be used heavy vehicle fitted with emission control system not operating as designed	3 150	315		
19	90 (3)	use/permit to be used heavy vehicle fitted with emission control system and operate system in way causes non-compliance with heavy vehicle standard	3 150	315		
20	91 (1)	tamper with emission control system fitted to heavy vehicle	10 490			
21	91 (2)	operator of heavy vehicle use/permit to be used vehicle fitted with tampered emission control system	10 490			
22	92 (2)	use/permit to be used incorrect warning sign on heavy vehicle	3 150	315		
23	93 (1)	tamper with speed limiter fitted to heavy vehicle	10 490			
24	93 (2)	fit tampered speed limiter to heavy vehicle	10 490			
25	93 (3)	operator of heavy vehicle use vehicle fitted with tampered speed limiter	10 490			
26	96 (1)					
26.1	·	minor risk breach	drive heavy vehicle if vehicle (with load) not comply with mass requirements applying to vehicle—minor risk breach	4 200	420		
26.2	·	substantial risk breach	drive heavy vehicle if vehicle (with load) not comply with mass requirements applying to vehicle—substantial risk breach	6 300	630		
26.3	·	severe risk breach	drive heavy vehicle if vehicle (with load) not comply with mass requirements applying to vehicle—severe risk breach	10 490-31 490			
27	102 (1)					
27.1	·	heavy vehicle not have goods or passengers	drive heavy vehicle if vehicle (with load) not comply with dimension requirements applying to vehicle without goods or passengers	3 150	315		
27.2	·	heavy vehicle has goods or passengers and minor risk breach	drive heavy vehicle if vehicle (with load) not comply with dimension requirements applying to vehicle with goods or passengers—minor risk breach	3 150	315		
27.3	·	heavy vehicle has goods or passengers and substantial risk breach	drive heavy vehicle if vehicle (with load) not comply with dimension requirements applying to vehicle with goods or passengers—substantial risk breach	5 250	525		
27.4	·	heavy vehicle has goods or passengers and severe risk breach	drive heavy vehicle if vehicle (with load) not comply with dimension requirements applying to vehicle with goods or passengers—severe risk breach	10 490			
28	109 (2)	use heavy vehicle with stated projecting load without warning signal fixed to back of load	3 150	315		
29	111 (1)					
29.1	·	minor risk breach	drive heavy vehicle if vehicle not comply with loading requirements—minor risk breach	3 150	315		
29.2	·	substantial risk breach	drive heavy vehicle if vehicle not comply with loading requirements—substantial risk breach	5 250	525		
29.3	·	severe risk breach	drive heavy vehicle if vehicle not comply with loading requirements—severe risk breach	10 490			
30	129 (1)	driver/operator of heavy vehicle contravene condition of mass or dimension exemption	6 300	630		
31	129 (2)	use/permit to be used heavy vehicle that contravenes condition of mass or dimension exemption	6 300	630		
32	129 (3)	use heavy vehicle in way that contravenes condition of mass or dimension exemption	6 300	630		
33	130 (2)	driver of pilot/escort vehicle accompanying heavy vehicle not comply with conditions of mass or dimension exemption about use of pilot/escort vehicle	6 300	630		
34	130 (3)	operator of heavy vehicle commits offence if driver of pilot/escort vehicle commits offence against s 130 (2)	6 300	630		
35	131 (1)	driver of pilot vehicle accompanies heavy vehicle that contravenes condition of mass or dimension exemption	6 300	630		
36	132 (2)	driver of class 1/class 3 heavy vehicle fail to comply with condition of mass or dimension exemption (notice) that must keep relevant document in driver’s possession	3 150	315		
37	132 (3)	each relevant party for driver of class 1/class 3 heavy vehicle commits offence if driver commits offence against s 132 (2)	3 150	315		
38	133 (1)	driver of class 1/class 3 heavy vehicle not keep copy of permit for mass or dimension exemption (permit) in driver’s possession	3 150	315		
39	133 (2)	driver of class 1/class 3 heavy vehicle not return copy of permit for mass or dimension exemption (permit) to relevant party for driver on stopping working for relevant party	4 200	420		
40	133 (3)	each relevant party for driver of class 1/class 3 heavy vehicle commits offence if driver commits offence against s 133 (1)	3 150	315		
41	134 (1)	display heavy vehicle warning sign on heavy vehicle not under dimension exemption	3 150	315		
42	134 (2)	display pilot vehicle warning sign on pilot vehicle not being used as pilot vehicle for heavy vehicle used under dimension exemption	3 150	315		
43	137	not use class 2 heavy vehicle in accordance with class 2 heavy vehicle authorisation	6 300	630		
44	150 (1)	driver/operator of class 2 heavy vehicle contravene condition of class 2 heavy vehicle authorisation	6 300	630		
45	151 (2)	driver of class 2 heavy vehicle not comply with condition of class 2 heavy vehicle authorisation (notice) that must keep relevant document in driver’s possession	3 150	315		
46	151 (3)	each relevant party for driver of class 2 heavy vehicle commits offence if driver commits offence against s 151 (2)	3 150	315		
47	152 (1)	driver of class 2 heavy vehicle not keep copy of class 2 heavy vehicle authorisation (permit) in driver’s possession	3 150	315		
48	152 (2)	driver of class 2 heavy vehicle not return copy of permit for class 2 heavy vehicle authorisation (permit) to relevant party for driver on stopping working for relevant party	4 200	420		
49	152 (3)	each relevant party for driver of class 2 heavy vehicle commits offence if driver commits offence against s 152 (1)	3 150	315		
50	153 (1)	driver of class 2 PBS heavy vehicle not keep copy of PBS vehicle approval in driver’s possession	3 150	315		
51	153 (2)	each relevant party for driver of class 2 PBS heavy vehicle commits offence if driver commits offence against s 153 (1)	3 150	315		
52	153A (1)	use/permit to be used restricted access vehicle on road not allowed under mass or dimension authority	6 300	630		
53	181 (3)	not return as required amended/cancelled mass or dimension authority permit	4 200	420		
54	182 (1)	not apply as required for replacement for defaced/destroyed/lost/stolen mass or dimension authority permit	4 200			
55	183 (2)					
55.1	by contravening:
·	96—mass requirements: minor risk breach	employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 96—minor risk breach	4 200	420		
55.2	by contravening:
·	96—mass requirements: substantial risk breach	employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 96—substantial risk breach	6 300	630		
55.3	by contravening:
·	96—mass requirements: severe risk breach	employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 96—severe risk breach	10 490-31 490			
55.4	by contravening:
·	102—dimension requirements: heavy vehicle without goods or passengers	employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 102—applying to vehicle without goods or passengers	3 150	315		
55.5	by contravening:
·	102—dimension requirements: minor risk breach	employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 102—minor risk breach	3 150	315		
55.6	by contravening:
·	102—dimension requirements: substantial risk breach	employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 102—substantial risk breach	5 250	525		
55.7	by contravening:
·	102—dimension requirements: severe risk breach	employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 102—severe risk breach	10 490			
55.8	by contravening:
·	111—loading requirements: minor risk breach	employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 111—minor risk breach	3 150	315		
55.9	by contravening:
·	111—loading requirements: substantial risk breach	employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 111—substantial risk breach	5 250	525		
55.10	by contravening:
·	111—loading requirements: severe risk breach	employer/prime contractor/operator for heavy vehicle commits offence if driver of vehicle commits offence against s 111—severe risk breach	10 490			
56	184 (1)	drive heavy vehicle towing more than 1 other vehicle	3 150	315		
57	185 (1)	use heavy combination with trailer in combination not securely coupled to vehicle in front	6 300	630		
58	185 (2)	use heavy combination with components of coupling not compatible/properly connected	6 300	630		
59	186 (2)	each consignor of goods commits offence if false/misleading transport documentation for mass, dimension or loading of goods	10 490			
60	186 (3)	each packer of goods commits offence if goods packed for road transport and if false/misleading transport documentation for mass, dimension or loading of goods	10 490			
61	186 (4)	each loading manager/loader of goods commits offence if goods loaded for road transport and if false/misleading transport documentation for mass, dimension or loading of goods	10 490			
62	186 (5)	each receiver of goods commits offence if goods packed for road transport and if false/misleading transport documentation for mass, dimension or loading of goods	10 490			
63	187 (2)	responsible entity for freight container gives container to operator of heavy vehicle with false/misleading container weight declaration	10 490			
64	187 (3)	operator of heavy vehicle commits offence if freight container to be transported and false/misleading container weight declaration	10 490			
65	190 (1)	responsible entity permits operator/driver of heavy vehicle to transport freight container without complying container weight declaration	6 300	630		
66	191 (1)	operator permits driver of heavy vehicle to transport freight container without complying container weight declaration	6 300	630		
67	191 (3)	operator of heavy vehicle gives freight container to carrier without complying container weight declaration or prescribed particulars in complying container weight declaration	6 300	630		
68	192 (1)	drive heavy vehicle with freight container without complying container weight declaration	6 300	630		
69	192 (2)	driver of heavy vehicle not keep as required complying container weight declaration while transporting freight container	3 150	315		
70	193 (2)	each consignor/packer commits offence if weight of freight container exceeds maximum gross weight marked on container/container’s safety approval plate	10 490			
71	194 (1)	consignee of goods by act or omission induces or  rewards contravention of mass, dimension or loading requirement	10 490			
72	488	authorised officer not return identity card as required	4 200	420		
73	513 (4)	driver of heavy vehicle fail to comply with authorised officer’s direction to stop	6 300	630		
74	514 (3)	driver of heavy vehicle fail to comply with authorised officer’s direction not to move vehicle/interfere with vehicle or equipment/interfere with vehicle load	6 300	630		
75	516 (3)	driver/operator of heavy vehicle fail to comply with authorised officer’s direction to move stationary/stopped vehicle	6 300	630		
76	517 (4)	driver/operator of heavy vehicle fail to comply with authorised officer’s direction to move vehicle/or do anything else to avoid harm/obstruction	6 300	630		
77	522 (5)	person in charge/registered operator/owner of heavy vehicle not produce vehicle for inspection as required by authorised officer’s notice	6 300	630		
78	524 (5)					
78.1	·	direction under 524 (2)	driver of heavy vehicle fail to comply with authorised officer’s direction to vacate/not occupy driver’s seat or leave/not enter vehicle	6 300	630		
78.2	·	direction under 524 (3)	person accompanying driver fail to comply with authorised officer’s direction to leave/ not enter vehicle	6 300	630		
79	526 (4)	driver of heavy vehicle not give defect notice to operator as required	3 150	315		
80	528 (3)	remove/deface defective vehicle label attached to heavy vehicle	3 150	315		
81	529					
81.1	·	minor defect	use/permit to be used heavy vehicle in contravention of vehicle defect notice—minor defect	6 300
	630	1 (NS)
	
81.2	·	major defect	use/permit to be used heavy vehicle in contravention of vehicle defect notice—major defect	6 300	630	3 (NS)	
82	531 (4)	person given notice of amendment/withdrawal fail to give notice to operator	3 150	315		
83	533 (7)	driver/operator of heavy vehicle fail to comply with authorised officer’s direction in relation to stated minor risk breach of mass, dimension or loading requirements	10 490	1 049		
84	534 (5)	driver/operator of heavy vehicle fail to comply with authorised officer’s direction in relation to stated substantial risk breach of mass, dimension or loading requirements	10 490	1 049		
85	535 (5)	driver/operator of heavy vehicle fail to comply with authorised officer’s direction in relation to stated severe risk breach of mass, dimension or loading requirements	10 490			
86	553 (3)	fail to comply with authorised officer’s requirement to enable seizure of thing	10 490			
87	558 (1)	fail to comply with embargo notice	10 490			
88	558 (3)	not take reasonable steps to stop someone else from contravening embargo notice	10 490			
89	559 (3)	fail to comply with authorised officer’s requirement to seal/restrict access to/make inoperable embargoed thing	10 490			
90	559 (4)	tamper with restricted access/embargoed thing without authorised officer’s approval	10 490			
91	559 (5)	enter restricted place/tamper with anything used to restrict access to place without authorised officer’s approval	10 490			
92	567 (4)	not state/give evidence of name/address/date of birth when required by authorised officer	3 150	315		
93	567A	driver of heavy vehicle not give licence when required by authorised officer	20pu	159		
94	567B	responsible person/possessor not give particulars of driver/written signed statement required by authorised officer	20pu	236		
95	568 (3)	driver of heavy vehicle not give document/device/other thing when required by authorised officer	an amount equal to amount of maximum penalty for offence of failing to keep document/ device/other thing in driver’s possession	an amount equal to 10% of amount of maximum penalty for offence of failing to keep document/ device/other thing in driver’s possession		
96	568 (7)	driver of heavy vehicle not certify copy or entry in document when required by authorised officer	3 150	315		
97	569 (2)	responsible person for heavy vehicle not make available or produce stated document for inspection when required by authorised officer	6 300	630		
98	569 (7)	person responsible for keeping document not certify copy or entry in document when required by authorised officer	3 150	315		
99	570 (3)	responsible person for heavy vehicle fail to comply with authorised officer’s requirement to give stated information/details to officer	6 300			
100	573 (1)	fail to comply with improvement notice	10 490			
101	577 (4)	occupier or person at place/driver of heavy vehicle fail to comply with authorised officer’s requirement to give officer reasonable help	10 490			
102	584 (1)	obstruct authorised officer/helper/assistant exercising power	10 490			
103	585 	impersonate authorised officer	10 490			
104	604	fail to comply with supervisory intervention order	10 490			
105	610	fail to comply with prohibition order	10 490			
106	636 (1)	executive officer of corporation knowingly authorise/permit offence by corporation	penalty for contravention of provision by individual			
107	636 (2)	executive officer of corporation know/ought reasonably to know of offence/substantial risk of offence by corporation	penalty for contravention of provision by individual			
108	637 (4)	partner knowingly authorise/permit offence/substantial risk of offence	penalty for contravention of provision by individual			
109	637 (5)	partner know/ought reasonably to know of offence/substantial risk of offence	penalty for contravention of provision by individual			
110	638 (4)	management member of unincorporated body knowingly authorise/permit offence	penalty for contravention of provision by individual			
111	638 (5)	management member of unincorporated body know/ought reasonably to know of offence/substantial risk of offence	penalty for contravention of provision by individual			
112	697 (3)	make improper use of position/information because of exercise of functions under Heavy Vehicle National Law (ACT)	10 490			
113	699 (1)	employer dismisses/prejudices employee for giving information/making complaint about contravention of Heavy Vehicle National Law (ACT)	10 490			
114	699 (2)	employer not offer employment/treat prospective employee less favourably for giving information/making complaint about contravention of Heavy Vehicle National Law (ACT)	10 490			
115	700 (4)	employer not comply with court order for reinstatement of employee or employment of prospective employee	10 490			
116	701 (1)	knowingly make false/misleading statement to official	10 490			
117	701 (2)	recklessly make false/misleading statement to official	8 400			
118	702 (1)	knowingly give official document containing false/misleading information	10 490			
119	702 (3)	recklessly give official document containing false/misleading information	8 400			
120	703 (1)	responsible person for heavy vehicle knowingly gives another responsible person false/misleading information	10 490			
121	703 (2)	responsible person for heavy vehicle recklessly gives another responsible person false/misleading information	8 400			
122	704 (1)	falsely represent heavy vehicle authority granted/operating under heavy vehicle authority	10 490			
123	704 (2)	represent operating under heavy vehicle authority no longer in force	10 490			
124	704 (3)	possess document that falsely purports to be accreditation certificate etc	10 490			
125	728 (1)	disclose protected information	21 000			
126	728A (1)	disclose electronic work diary information	21 000			
127	729 (1)	use protected information other than for authorised use	21 000			
128	729 (3)	use disclosed protected information other than for authorised use	21 000			
129	729A (1)	use electronic work diary protected information other than for authorised use	21 000			
130	729A (2)	use disclosed electronic work diary protected information other than for authorised use	21 000			

Part 1.2B	Heavy Vehicle (Mass, Dimension and Loading) National Regulation

column 1
item	column 2
offence provision and, if relevant, case	column 3
short description	column 4
offence penalty ($)	column 5
infringement penalty ($)	column 6
demerit points	
1	11 (1)	drive CML heavy vehicle under concessional mass limit without relevant accreditation label maintained as required	3 150	315		
2	16 (2)	use/permit to be used/HML heavy vehicle in area/on route in contravention of condition of HML declaration	3 150	315		
3	28	driver/operator of HML heavy vehicle contravene condition of HML permit	3 150	315		
4	34 (2)	not return amended/cancelled HML permit as required	4 000	400		
5	35 (1)	not apply for replacement for defaced/destroyed/lost/stolen HML permit as required	4 000			
6	36 (2)	drive HML heavy vehicle under higher mass limit without relevant accreditation maintained as required	3 150	315		

Endnotes
1	Notification
	Notified under the Legislation Act on 4 February 2016.
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2016