heavy vehicle national law application (infringements) regulations …file/13-15… · web...

Heavy Vehicle National Law Application (Infringements) Regulations 2013

S.R. No. 152/2013

TABLE OF PROVISIONS

Regulation Page

1 Objective 12 Authorising provision 13 Commencement 14 Definition 25 Prescribed offences 2

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SCHEDULE—Infringements—Prescribed Offences 3

PART 1—OFFENCES UNDER THE HEAVY VEHICLE NATIONAL LAW (VICTORIA) 3

PART 2OFFENCES UNDER THE HEAVY VEHICLE (MASS, DIMENSION AND LOADING) NATIONAL REGULATION 14

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STATUTORY RULES 2013

S.R. No. 152/2013

Heavy Vehicle National Law Application Act 2013


The Governor in Council makes the following Regulations:

Dated: 3 December 2013

Responsible Minister:

TERRY MULDERMinister for Public Transport

YVETTE CARISBROOKEClerk of the Executive Council

1 Objective

The objective of these Regulations is to prescribe offences to be infringement offences under the Heavy Vehicle National Law (Victoria).

2 Authorising provision

These Regulations are made under section 54 of the Heavy Vehicle National Law Application Act 2013.

3 Commencement

These Regulations come into operation on the day on which section 4 of the Heavy Vehicle National Law Application Act 2013 comes into operation.

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4 Definition

In these Regulations—

the MDL Regulation means the Heavy Vehicle (Mass, Dimension and Loading) National Regulation;Note

The MDL Regulation is a national regulation made by the Queensland Governor in accordance with section 730 of the Heavy Vehicle National Law (Victoria) and published on the NSW legislation website in accordance with section 733 of the Heavy Vehicle National Law (Victoria).

the National Law means the Heavy Vehicle National Law (Victoria).

5 Prescribed offences

For the purposes of section 591 of the National Law, an offence specified in column 2 of the Schedule is a prescribed offence.

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SCHEDULE

Regulation 5

INFRINGEMENTS—PRESCRIBED OFFENCES

PART 1—OFFENCES UNDER THE HEAVY VEHICLE NATIONAL LAW (VICTORIA)

Column 1Item No.

Column 2Prescribed infringement offence

1 An offence against section 60(1) of the National Law constituted by conduct other than that described in paragraph (b) of the maximum penalty.

2 An offence against section 60(1) of the National Law constituted by conduct described in paragraph (b) of the maximum penalty.

3 An offence against section 79(2) of the National Law.

















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Column 1Item No.


20 An offence against section 96(1) of the National Law constituted by a minor risk breach.

21 An offence against section 96(1) of the National Law constituted by a substantial risk breach.

22 An offence against section 102(1)(a) of the National Law.

23 An offence against section 102(1)(b) of the National Law constituted by a minor risk breach.

24 An offence against section 102(1)(b) of the National Law constituted by a substantial risk breach.


26 An offence against section 109(2)(b) of the National Law.

27 An offence against section 111(1) of the National Law constituted by a minor risk breach.

28 An offence against section 111(1) of the National Law constituted by a substantial risk breach.







35 An offence against section 131(1)(b) of the National Law.

36 An offence against section 131(1)(c) of the National Law.








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Column 1Item No.


44 An offence against section 137 of the National Law.










54 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(a) of the National Law, where the relevant offence is a minor risk breach under section 96(1) of the National Law.

55 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(b) of the National Law, where the relevant offence is a minor risk breach under section 96(1) of the National Law.

56 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(c) of the National Law, where the relevant offence is a minor risk breach under section 96(1) of the National Law.

57 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(a) of the National Law, where the relevant offence is a substantial risk breach under section 96(1) of the National Law.

58 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(b) of the National Law, where the relevant offence is a substantial risk breach under section 96(1) of the National Law.

59 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(c) of the National Law, where the relevant offence is a substantial risk breach under section 96(1) of the National Law.

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Column 1Item No.


60 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(a) of the National Law, where the relevant offence is a breach under section 102(1)(a) of the National Law.

61 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(b) of the National Law, where the relevant offence is a breach under section 102(1)(a) of the National Law.

62 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(c) of the National Law, where the relevant offence is a breach under section 102(1)(a) of the National Law.

63 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(a) of the National Law, where the relevant offence is a minor risk breach under section 102(1)(b) of the National Law.

64 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(b) of the National Law, where the relevant offence is a minor risk breach under section 102(1)(b) of the National Law.

65 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(c) of the National Law, where the relevant offence is a minor risk breach under section 102(1)(b) of the National Law.

66 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(a) of the National Law, where the relevant offence is a substantial risk breach under section 102(1)(b) of the National Law.

67 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(b) of the National Law, where the relevant offence is a substantial risk breach under section 102(1)(b) of the National Law.

68 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(c) of the National Law, where the relevant offence is a substantial risk breach under section 102(1)(b) of the National Law.

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Column 1Item No.


69 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(a) of the National Law, where the relevant offence is a minor risk breach under section 111(1) of the National Law.

70 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(b) of the National Law, where the relevant offence is a minor risk breach under section 111(1) of the National Law.

71 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(c) of the National Law, where the relevant offence is a minor risk breach under section 111(1) of the National Law.

72 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(a) of the National Law, where the relevant offence is a substantial risk breach under section 111(1) of the National Law.

73 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(b) of the National Law, where the relevant offence is a substantial risk breach under section 111(1) of the National Law.

74 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(c) of the National Law, where the relevant offence is a substantial risk breach under section 111(1) of the National Law.









83 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(a) of the National Law constituted by conduct described in paragraph (a) of the maximum penalty.

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Column 1Item No.


84 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(a) of the National Law constituted by conduct described in paragraph (b)(i) of the maximum penalty.

85 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(a) of the National Law constituted by conduct described in paragraph (b)(ii) of the maximum penalty.

86 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(a) of the National Law constituted by conduct described in paragraph (c)(i) of the maximum penalty.

87 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(a) of the National Law constituted by conduct described in paragraph (c)(ii) of the maximum penalty.

88 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(a) of the National Law constituted by conduct described in paragraph (d)(i) of the maximum penalty.

89 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(a) of the National Law constituted by conduct described in paragraph (e)(i) of the maximum penalty.

90 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(b) of the National Law constituted by conduct described in paragraph (a) of the maximum penalty.

91 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(b) of the National Law constituted by conduct described in paragraph (b)(i) of the maximum penalty.

92 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(b) of the National Law constituted by conduct described in paragraph (b)(ii) of the maximum penalty.

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Column 1Item No.


93 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(b) of the National Law constituted by conduct described in paragraph (c)(i) of the maximum penalty.

94 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(b) of the National Law constituted by conduct described in paragraph (c)(ii) of the maximum penalty.

95 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(b) of the National Law constituted by conduct described in paragraph (d)(i) of the maximum penalty.

96 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(b) of the National Law constituted by conduct described in paragraph (e)(i) of the maximum penalty.

97 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(c) of the National Law constituted by conduct described in paragraph (a) of the maximum penalty.

98 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(c) of the National Law constituted by conduct described in paragraph (b)(i) of the maximum penalty.

99 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(c) of the National Law constituted by conduct described in paragraph (b)(ii) of the maximum penalty.

100 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(c) of the National Law constituted by conduct described in paragraph (c)(i) of the maximum penalty.

101 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(c) of the National Law constituted by conduct described in paragraph (c)(ii) of the maximum penalty.

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Column 1Item No.


102 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(c) of the National Law constituted by conduct described in paragraph (d)(i) of the maximum penalty.

103 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(c) of the National Law constituted by conduct described in paragraph (e)(i) of the maximum penalty.

104 An offence against section 250(1)(a) of the National Law that is a minor risk breach.

105 An offence against section 250(1)(b) of the National Law that is a minor risk breach.

106 An offence against section 250(1)(a) of the National Law that is a substantial risk breach.

107 An offence against section 250(1)(b) of the National Law that is a substantial risk breach.










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Column 1Item No.


193 An offence against section 529 of the National Law in respect of a vehicle defect notice that is a minor defect notice.

194 An offence against section 529 of the National Law in respect of a vehicle defect notice that is a major defect notice.








PART 2OFFENCES UNDER THE HEAVY VEHICLE (MASS, DIMENSION AND LOADING) NATIONAL REGULATION

Column 1Item No.


202 An offence against section 11(1) of the MDL Regulation.


204 An offence against section 28 of the MDL Regulation.



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ENDNOTES

Penalties

These Regulations are made under section 54 of the Heavy Vehicle National Law Application Act 2013 to prescribe offences that are to be infringement offences in Victoria for the purposes of section 591 of the Heavy Vehicle National Law (Victoria).

In terms of the penalties for each offence listed in these Regulations, it was agreed by the Standing Council on Transport and Infrastructure on 25 February 2013 that it is 10% of the maximum penalty for the offence.

This penalty for the infringement offences is stated in section 25 of the Heavy Vehicle National Law Application Act 2013.

Section 737 of the Heavy Vehicle National Law (Victoria) sets out the method for increasing a penalty amount each 1 July. The new penalties that apply to an offence under the Heavy Vehicle National Law (Victoria) will be published under section 737(4) on the Regulator's website.

Since section 25 of the Heavy Vehicle National Law Application Act 2013 provides that the infringement penalty is always 10% of the maximum penalty for the offence, amended regulations are not required to set the applicable infringement penalty as this is by force of the National Law.

Endnotes S.R. No. 152/2013


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