Queensland Numbered Acts

HEAVY VEHICLE NATIONAL LAW AMENDMENT ACT 2013 No. 4 - SECT 151

(1) This section applies if a class 2 heavy vehicle authorisation (notice) is subject to the condition that the driver of a class 2 heavy vehicle who is driving the vehicle under the authorisation must keep a relevant document in the driver's possession.

(2) A driver of the class 2 heavy vehicle who is driving the vehicle under the class 2 heavy vehicle authorisation (notice) must comply with the condition.

Maximum penalty—$3000.

(3) If the driver of a class 2 heavy vehicle commits an offence against subsection (2), each relevant party for the driver is taken to have committed an offence against this subsection.

Maximum penalty—$3000.

(4) A person charged with an offence against subsection (3) does not have the benefit of the mistake of fact defence for the offence.

(5) However, in a proceeding for an offence against subsection (3), the person charged has the benefit of the reasonable steps defence for the offence.

Note—

See Divisions 1 and 2 of Part 10.4 for the reasonable steps defence.

(6) In a proceeding for an offence against subsection (3)—

(a) it is irrelevant whether or not the driver has been or will be proceeded against, or convicted of, the offence against subsection (2); and

(b) evidence a court has convicted the driver of the offence against subsection (2) is evidence that the offence happened at the time and place, and in the circumstances, stated in the charge resulting in the conviction; and

(c) evidence of details stated in an infringement notice issued for the offence against subsection (2) is evidence that the offence happened at the time and place, and in the circumstances, stated in the infringement notice.

(7) In this section—

relevant document, for a class 2 heavy vehicle authorisation (notice), means a copy of—

(a) the Commonwealth Gazette notice for the authorisation; or

(b) an information sheet about the authorisation published by the Regulator on the Regulator's website.

relevant party, for the driver of a class 2 heavy vehicle, means—

(a) an employer of the driver if the driver is an employed driver; or

(b) a prime contractor of the driver if the driver is a self-employed driver; or

(c) an operator of the vehicle if the driver is making a journey for the operator.