Defence if excess loading within certain limits
37 Defence if excess loading within certain limits
If a person is prosecuted for an offence against regulation 35 where the substance of the breach is that a load limit set out in Part 2, Division 1, 2 or 3 was exceeded, it is a defence if the person charged with the offence proves that the person made, or caused to be made, all reasonable efforts to comply with the relevant regulation and that:
(a) the load the subject of the charge did not cause the manufacturer's recommendations, by specification or otherwise, of the safe working load for any component to be exceeded;
(b) the load limit set out in the relevant regulation was not exceeded:
for a single steer axle – by more than .25 tonnes;
(ii) for a single axle other than a single steer axle – by more than .5 tonnes; or
for any other axle group – by more than one tonne; and
the GVM or GCM was not exceeded by more than 10%.
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