Road Safety (General) (Heavy Vehicle Safety) Regulations 2005

i Road Safety (General) (Heavy Vehicle Safety) Regulations 2005 S.R. No. 126/2005 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provision 2 3. Principal Regulations 2 4. New Parts 4A and 4B inserted 2 PART 4A—NOTICE OF REASONABLE STEPS DEFENCE 2 414. Information to be provided regarding reasonable steps defence 2 PART 4B—INSPECTIONS AND SEARCHES CONCERNING HEAVY VEHICLES 3 415. Embargo notice 3 416. Information to be provided by registered operator 3 5. Amendments to Schedule 4 5 ═══════════════ ENDNOTES 9 -- 1 of 10 -- 1 STATUTORY RULES 2005 S.R. No. 126/2005 Road Safety Act 1986 Road Safety (General) (Heavy Vehicle Safety) Regulations 2005 The Governor in Council makes the following Regulations: Dated: 11 October 2005 Responsible Minister: PETER BATCHELOR Minister for Transport RUTH LEACH Clerk of the Executive Council 1. Objectives The objectives of these Regulations are— (a) to prescribe as infringements for the purposes of Part 7 of the Road Safety Act 1986 certain offences that involve breaches of the mass, width, length and height limits and the load restraint requirements that apply to heavy vehicles; and (b) to specify the details that are to be contained in any embargo notice that is issued under section 142 of that Act, and in any statutory declaration that is made for the purposes of section 201 of that Act; and (c) to require certain infringement notices to be accompanied by information about a defence that applies to the offences in respect of which the notices are issued. -- 2 of 10 -- S.R. No. 126/2005 Road Safety (General) (Heavy Vehicle Safety) Regulations 2005 2 2. Authorising provision These Regulations are made under section 95 of the Road Safety Act 1986. 3. Principal Regulations In these Regulations, the Road Safety (General) Regulations 1999 1 are called the Principal Regulations. 4. New Parts 4A and 4B inserted After Part 4 of the Principal Regulations insert— 'PART 4A—NOTICE OF REASONABLE STEPS DEFENCE 414. Information to be provided regarding reasonable steps defence A traffic infringement notice to which the reasonable steps defence applies must be accompanied by a notice— (a) advising the person to whom it is to be issued that that defence applies to the offence; and (b) setting out a copy of sections 179 and 180 of the Act. Note: This regulation applies to the following offences under the Road Safety Act 1986— (a) a breach of section 174 or 175 where the vehicle is in breach of a mass limit that is a substantial risk breach, so far as the reasonable steps defence relates to reliance on the weight stated in a container weight declaration; and (b) a breach of section 184, 185 or 186. __________________ r. 2 -- 3 of 10 -- S.R. No. 126/2005 Road Safety (General) (Heavy Vehicle Safety) Regulations 2005 3 PART 4B—INSPECTIONS AND SEARCHES CONCERNING HEAVY VEHICLES 415. Embargo notice An embargo notice under section 142(2) of the Act must contain the following details in addition to the matters required by sections 142(4)(b) and 142(4)(c) of the Act— (a) a description of the thing that has been embargoed; and (b) either the name of the person on whom the notice was served or a statement that the notice has been affixed to the thing; and (c) the name, signature and business telephone number of the inspector who issued the notice; and (d) the date on which the notice was served or affixed. 416. Information to be provided by registered operator (1) For the purposes of section 201(5) of the Act, in addition to the name and address of the operator of the vehicle at the time of the offence ("the operator"), the registered operator must include the following information in a statutory declaration made for the purposes of that section— (a) if the vehicle was not physically connected to any other vehicle at the time of the offence— (i) a statement setting out by, or under, what or whose authority (whether oral or written) the r. 4 -- 4 of 10 -- S.R. No. 126/2005 Road Safety (General) (Heavy Vehicle Safety) Regulations 2005 4 operator had control, use or management of the vehicle at the time of the offence; and (ii) the address of any premises (other than the address of the operator) from which the operator, or a person acting on behalf of the operator, had the control, use or management of the vehicle at the time of the offence; (b) if the vehicle was part of a group of vehicles that were physically connected at the time of the offence— (i) if the vehicle was the towing a vehicle, the name and address of the operator of every other vehicle forming part of the group at the time of the offence; and (ii) if the vehicle was a trailer, the name and address of the operator of the towing vehicle; and (iii) a statement setting out by, or under, what or whose authority (whether oral or written) the operator had control, use or management of the vehicle at the time of the offence; and (iv) the address of any premises (other than the address of the operator) from which the operator, or a person acting on behalf of the operator, had the control, use or management of the vehicle at the time of the offence. r. 4 -- 5 of 10 -- S.R. No. 126/2005 Road Safety (General) (Heavy Vehicle Safety) Regulations 2005 5 (2) For the purpose of section 201(5) of the Act, the time within which the statutory declaration must be given to the Corporation is— (a) before, or within 28 days after, the service of a summons in respect of the offence; or (b) if an infringement notice was served on the registered operator in respect of the offence, before the infringement penalty is registered under Schedule 7 to the Magistrates' Court Act 1989. (3) For the purpose of section 201(5) of the Act, the statutory declaration must be given to the Corporation by delivering it personally or by post. __________________'. 5. Amendments to Schedule 4 In Schedule 4 to the Principal Regulations, for the heading "Mass and Dimension Limits" and the entries in respect of offence codes 2174 to 2178 substitute— "Mass Limits 4451 Operator of vehicle in breach of mass limit—minor risk breach, where operator is a body corporate RSA 174(1) 7⋅5 penalty units 4452 Operator of vehicle in breach of mass limit—minor risk breach, where the operator is not a body corporate RSA 174(1) 1⋅5 penalty units 4453 Operator of vehicle in breach of mass limit—substantial risk breach, 5% or more excess but less than 10% excess, where operator is a body corporate RSA 174(1) 10 penalty units r. 5 -- 6 of 10 -- S.R. No. 126/2005 Road Safety (General) (Heavy Vehicle Safety) Regulations 2005 6 4454 Operator of vehicle in breach of mass limit—substantial risk breach, 5% or more excess but less than 10% excess, where operator is not a body corporate RSA 174(1) 2 penalty units 4455 Operator of vehicle in breach of mass limit—substantial risk breach, 10% or more excess but less than 15% excess, where operator is a body corporate RSA 174(1) 20 penalty units 4456 Operator of vehicle in breach of mass limit—substantial risk breach, 10% or more excess but less than 15% excess, where operator is not a body corporate RSA 174(1) 4 penalty units 4457 Operator of vehicle in breach of mass limit—substantial risk breach, 15% or more excess but less than 20% excess, where operator is a body corporate RSA 174(1) 20 penalty units 4458 Operator of vehicle in breach of mass limit—substantial risk breach, 15% or more excess but less than 20% excess, where operator is not a body corporate RSA 174(1) 10 penalty units 4459 Driver of vehicle in breach of mass limit—minor risk breach RSA 175(1) 1⋅5 penalty units 4460 Driver of vehicle in breach of mass limit—substantial risk breach, 5% or more excess but less than 10% excess RSA 175(1) 2 penalty units 4461 Driver of vehicle in breach of mass limit—substantial risk breach, 10% or more excess but less than 15% excess RSA 175(1) 4 penalty units r. 5 -- 7 of 10 -- S.R. No. 126/2005 Road Safety (General) (Heavy Vehicle Safety) Regulations 2005 7 4462 Driver of vehicle in breach of mass limit—substantial risk breach, 15% or more excess but less than 20% excess RSA 175(1) 10 penalty units Limits and requirements other than mass limits 4463 Operator of vehicle in breach of width, length or height limit or load restraint requirement— minor risk breach, where operator is a body corporate RSA 174(1) 7.5 penalty units 4464 Operator of vehicle in breach of width, length or height limit or load restraint requirement— minor risk breach, where operator is not a body corporate RSA 174(1) 1.5 penalty units 4465 Operator of vehicle in breach of width, length or height limit or load restraint requirement— substantial risk breach, where operator is a body corporate RSA 174(1) 20 penalty units 4466 Operator of vehicle in breach of width, length or height limit or load restraint requirement— substantial risk breach, where operator is not a body corporate RSA 174(1) 4 penalty units 4467 Driver of vehicle in breach of width, length or height limit or load restraint requirement— minor risk breach RSA 175(1) 1⋅5 penalty units 4468 Driver of vehicle in breach of width, length or height limit or load restraint requirement— substantial risk breach RSA 175(1) 4 penalty units 4469 Consignor fail to provide complying container weight declaration, where consignor is a body corporate RSA 184(2) 20 penalty units r. 5 -- 8 of 10 -- S.R. No. 126/2005 Road Safety (General) (Heavy Vehicle Safety) Regulations 2005 8 4470 Consignor fail to provide complying container weight declaration, where consignor is not a body corporate RSA 184(2) 4 penalty units 4471 Operator fail to ensure container weight declaration provided, where operator is a body corporate RSA 185(2), 185(3) 20 penalty units 4472 Operator fail to ensure container weight declaration provided, where operator is not a body corporate RSA 185(2), 185(3) 4 penalty units 4473 Driver fail to obtain or keep container weight declaration RSA 186(1), 186(2) 4 penalty units 4474 Use vehicle exceeding permitted dimensions RS(V)R 418(1) 1⋅65 penalty units Directions and orders 4475 Failure by a body corporate to comply with a direction of inspector RSA 168(1) 20 penalty units 4476 Failure by a person other than a body corporate to comply with a direction of inspector RSA 168(1) 10 penalty units 4477 Failure by a body corporate to comply with condition imposed under direction or authorisation RSA 168(2) 20 penalty units 4478 Failure by a person other than a body corporate to comply with condition imposed under direction or authorisation RSA 168(2) 10 penalty units.". ═══════════════ r. 5 -- 9 of 10 -- S.R. No. 126/2005 Road Safety (General) (Heavy Vehicle Safety) Regulations 2005 9 ENDNOTES 1 Reg. 3: S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002 and subsequently amended by S.R. Nos 87/2003, 88/2004, 132/2004, 159/2004, 68/2005 and 120/2005. Endnotes -- 10 of 10 --