Heavy Vehicle National Law (ACT) Act 2013

The Executive may make regulations for this Act.

Note A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

A regulation may modify a national regulation.

Schedule 1 Modification—Heavy Vehicle National Law (ACT)

(see s 7)

[1.1] Section 5, definition of previous corresponding law, new paragraph 4 insert

4 For the purposes of paragraph 1, if a provision of this Law does not apply in a participating jurisdiction on the day the provision of its Application Act corresponding to section 4 of the Heavy Vehicle National Law Act 2012 of Queensland commences, and the provision later applies in the jurisdiction, the participation day for the jurisdiction in relation to the provision is taken to be the day the provision applies.

[1.3] Part 10.3, new division 4A insert

Division 4A Cancelling, varying or suspending driver licences or disqualifying drivers

598A Sanctions involving driver licences

This section applies if a court convicts the driver of a heavy vehicle of an offence against this Law relating to a mass, dimension or loading requirement other than an offence that involves only a minor risk breach, or substantial risk breach, of a mass, dimension or loading requirement.

The court may make an order for either or both of the following:

that a stated Australian driver licence issued to the driver is—

cancelled; or

varied or suspended for a stated period;

that the driver is disqualified from obtaining or holding an Australian driver licence (either generally or of a stated kind) for a stated period.

An order under this section operates automatically and takes effect immediately or, if a later day is stated in the order, on the stated day.

To remove any doubt, this section is additional to, and does not limit, the court’s powers under—

the Road Transport (Driver Licensing) Regulation 2000, division 5.2 (Variation, suspension or cancellation of driver licences); or

the Road Transport (General) Act 1999, division 4.2 (Licence suspension, disqualification and related matters).

The registrar must give particulars of the conviction to the road authority.

In this section:

Australian driver licence—see the Road Transport (Driver Licensing) Act 1999, dictionary.

[1.4] New section 709A insert

709A Evidence of speed

This section applies if the speed of a heavy vehicle is relevant in a proceeding for an offence against this Law.

Evidence that is obtained or may be given under the Road Transport (Safety and Traffic Management) Act 1999 may be given in the proceeding.

Without limiting subsection (2), a certificate about a matter under the Road Transport (Safety and Traffic Management) Act 1999, part 6 (Traffic offence detection devices) is—

admissible in the proceeding; and

evidence of the matter.

If the heavy vehicle is being towed by another heavy vehicle, the heavy vehicle and towing vehicle are taken to be travelling at the same speed.

This section does not limit evidence that can be presented apart from this section.

[1.5] New section 710 (1A) and (1B) insert

In a proceeding for an offence against this Law, a statement in the complaint for the offence that—

at a stated time or during a stated period—

a stated person was or was not the holder of a driver licence under the Road Transport (Driver Licensing) Act 1999 of any particular class or type; or

a stated person was or was not the holder of a driver licence under the Road Transport (Driver Licensing) Act 1999 authorising the holder to drive a motor vehicle on a stated road; or

any distance mentioned in the complaint is or was a stated distance or is or was greater or less than a stated distance;

is evidence of the matter.

Section 715 applies to a matter mentioned in subsection (1A)(b) as if the matter were a matter stated in a certificate to which the section applies.

[1.6] New section 711 (1) (r) to (zc) insert

a stated thing was the property of the Regulator; or

a stated sign was or was not an official traffic sign, contained stated words or was on a stated place; or

a stated vehicle was or was not inspected under this Law; or

a stated vehicle was or was not inspected in compliance with a stated requirement made by an authorised officer; or

an inspection of a stated vehicle under this Law gave stated results; or

a stated application, or another stated document required to be lodged under this Law, was or was not received by the Regulator; or

a stated report or stated information required to be given to the Regulator under this Law was received or was not received by the Regulator; or

no report or information of a stated type, required to be given to the Regulator under this Law, was received by the Regulator; or

a stated vehicle was or was not of a stated type, or was carrying stated goods; or

a stated copy of a document was a copy of a document issued, or required to be kept, under the Law; or

a stated document was a manufacturer’s specification for a stated type of vehicle; or

a stated vehicle’s GCM or GVM was a stated amount, and how the amount was identified;

[1.7] New section 711 (3) insert

A certificate mentioned in the Road Transport (General) Act 1999, section 56 signed by or on behalf of the Regulator as administering authority that states a matter is evidence of the matter.

[1.8] Section 712 omit

A certificate substitute

A certificate

[1.9] New section 712 (2) insert

A certificate mentioned in the Road Transport (General) Act 1999, section 72 signed by or on behalf of the road transport authority that states a matter is evidence of the matter.

[1.10] New section 715A insert

715A Evidence of contents of document examined by authorised officer

Evidence by an authorised officer of the contents of a document issued, or required to be kept, under this Law, that was examined by the officer while it was in someone else’s possession, may be given by the officer without the document being produced.

Example—

An authorised officer who examines a driver’s work diary may return the work diary to the driver to enable the driver to continue driving. The officer may give evidence of the contents of the work diary without producing it.

[1.31] New section 712 (ca) to (ch) insert

a stated vehicle was or was not registered under the Road Transport (Vehicle Registration) Act 1999 on the basis of it being a heavy vehicle; or

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act 2001, s 104 and Heavy Vehicle National Law (ACT) Act 2013, s 8 (3)).

a stated vehicle registered under the Road Transport (Vehicle Registration) Act 1999 was or was not registered as a heavy vehicle of a stated category; or

a stated vehicle was or was not exempt from registration under the Road Transport (Vehicle Registration) Act 1999; or

a stated person was or was not a responsible person (within the meaning of the Road Transport (General) Act 1999) for a stated vehicle registered under the Road Transport (Vehicle Registration) Act 1999; or

a stated person is the holder of a stated permit or other authority under the Road Transport (Vehicle Registration) Act 1999; or

a stated registration, exemption, authorisation, permit or other authority under the Road Transport (Vehicle Registration) Act 1999 was or was not amended, suspended or cancelled; or

a stated penalty, fee, charge or other amount was or was not, or is or is not, payable under the Road Transport (General) Act 1999 by a stated person in relation to a heavy vehicle; or

a stated fee, charge or other amount payable under the Road Transport (General) Act 1999 in relation to a heavy vehicle was or was not paid to the road authority; or

Dictionary (see s 3)

Note 1 The Legislation Act contains definitions and other provisions relevant to the local application provisions of this Act.

Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:

 ACAT

 auditor-general

 chief police officer

 entity

 magistrate

 police officer

 road transport authority

 territory authority

 territory law.

Heavy Vehicle National Law (ACT) means the provisions applying because of section 7.

local application provisions of this Act means the provisions of this Act other than—

the Heavy Vehicle National Law (ACT); and

the modified text of the Heavy Vehicle National Law (ACT) in schedule 1.

Queensland Act means the Heavy Vehicle National Law Act 2012 (Qld).

Note A reference to a law (including the Queensland Act) includes a reference to the law as originally made and as amended (see Legislation Act, s 102).