New South Wales Repealed Regulations

This legislation has been repealed.

ROAD TRANSPORT (MASS, LOADING AND ACCESS) REGULATION 2005 - REG 61

61 Load requirements

(1) A load on a vehicle or a trailer must not be placed in a way that makes the vehicle unstable or unsafe.

(2) A load on a vehicle or a trailer must be secured so that it is unlikely to fall or be dislodged from the vehicle.

(3) An appropriate method must be used to restrain the load on a vehicle.

(4) In proceedings for a contravention of a requirement under this clause, it is sufficient for the prosecution to prove that the load on the vehicle was not placed, secured or restrained (as the case requires) in a way that met the performance standards recommended in the Load Restraint Guide: Guidelines and performance standards for the safe carriage of loads on road vehicles, Second Edition , as published by the National Transport Commission in April 2004.

Note : Copies of the Load Restraint Guide: Guidelines and performance standards for the safe carriage of loads on road vehicles, Second Edition , are available from the RTA offices.

(5) In proceedings for a failure to comply with this clause, a document purporting to be the Load Restraint Guide referred to subclause (4) is taken to be the Load Restraint Guide, unless the document is proved by the defendant not to be the Load Restraint Guide.

(6) If the prosecution in proceedings for a contravention of a requirement under subclause (2) proves that the load, or part of the load, had fallen off the vehicle, the burden of proof is on the defendant to show compliance.