45C

Speed and gear restrictions for trucks and buses on prescribed roads

In force

(1)

A person must not drive a truck or bus on a prescribed road at a speed exceeding a relevant speed limit by 10 kilometres an hour or more.

Maximum penalty:

(a)

for a first offence—$5 000;

(b)

for a subsequent offence—imprisonment for 2 years.

(2)

A person driving a truck or bus on a length of prescribed road to which a trucks and buses low gear sign applies must drive the truck or bus in a gear that is low enough to enable the vehicle to be driven safely on that length of road without the use of a primary brake.

Maximum penalty:

(a)

for a first offence—$5 000;

(b)

for a subsequent offence—imprisonment for 2 years.

(3)

If a court convicts a person of an offence against this section, the following provisions apply:

(a)

the court must order that the person is disqualified from holding or obtaining a driver's licence for the following period:

(i)

for a first offence—such period, being not less than 6 months, as the court thinks fit;

(ii)

for a second offence—such period, being not less than 12 months, as the court thinks fit;

(iii)

for a subsequent offence—such period, being not less than 3 years, as the court thinks fit;

(b)

the disqualification prescribed by paragraph (a) cannot be reduced or mitigated in any way or be substituted by any other penalty or sentence;

(c)

if the person is the holder of a driver's licence—the disqualification operates to suspend the licence as from the commencement of the period of disqualification.

(4)

In determining whether an offence is a first, second or subsequent offence for the purposes of this section, any previous offence against this section for which the defendant has been convicted will be taken into account, but only if the previous offence was committed within the period of 5 years immediately preceding the date on which the offence under consideration was committed.

(5)

Subsection (1) is in addition to, and does not derogate from, any other provision relating to speed limits contained in this or any other Act or in any regulation, rule or by-law made under this or any other Act.

(6)

For the purposes of this section, a trucks and buses low gear sign applies to a length of road if it so applies for the purposes of the

Australian

Road Rules.

(7)

In this section—

bus means a vehicle that is a bus for the purposes of the Australian

Road Rules;

length, of road, means an area of road that is a length, of road, for the purposes of the Australian

Road Rules;

prescribed road means a portion of RN 04500 South Eastern Freeway, or adjacent land, defined by the regulations for the purposes of this section;

primary brake means the footbrake, or other brake, fitted to a truck or bus that is normally used to slow or stop the vehicle;

relevant speed limit, for a person who drives a truck or bus, means a speed limit that applies to the driver under this Act (other than section 82 or 83 of this

Act) or the Motor

Vehicles Act 1959;

truck means a vehicle that is a truck for the purposes of the Australian

Road Rules;

trucks and buses low gear sign means a sign that is a trucks and buses low gear sign for the purposes of the Australian

Road Rules.

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