Heavy Vehicle National Law Act 2012

The purpose of this section is to bring to a court’s attention the implications and consequences of a contravention of a mass, dimension or loading requirement when deciding the kind and level of sanction to be imposed for the contravention.

In deciding the sanction, including the level of a fine, to be imposed for the contravention, the court must consider the following matters—

a minor risk breach of a mass, dimension or loading requirement involves either or both of the following—

an appreciable risk of accelerated road wear;

an appreciable risk of unfair commercial advantage;

a substantial risk breach of a mass, dimension or loading requirement involves 1 or more of the following—

a substantial risk of accelerated road wear;

an appreciable risk of damage to road infrastructure;

an appreciable risk of increased traffic congestion;

an appreciable risk of diminished public amenity;

a substantial risk of unfair commercial advantage;

a severe risk breach of a mass, dimension or loading requirement involves 1 or more of the following—

an appreciable risk of harm to public safety or the environment;

a serious risk of accelerated road wear;

a serious risk of damage to road infrastructure;

a serious risk of increased traffic congestion;

a serious risk of diminished public amenity;

a serious risk of unfair commercial advantage.

This section does not limit the matters the court may consider in deciding the sanction for the contravention.

Nothing in this section authorises or requires the court to assign the contravention to a different risk category.

Nothing in this section requires evidence to be adduced about a matter mentioned in subsection (2).