Queensland Numbered Acts

HEAVY VEHICLE NATIONAL LAW AMENDMENT ACT 2013 No. 4 - SECT 622

(1) In deciding whether things done or omitted to be done by a person charged with a speeding offence or fatigue management offence constitute reasonable steps, the court may have regard to the following—

(a) the nature of the activity to which the contravention constituting the offence relates;

(b) the risks to public safety associated with the activity mentioned in paragraph (a);

(c) the likelihood of the risks mentioned in paragraph (b) arising;

(d) the degree of harm likely to result from the risks mentioned in paragraph (b) arising;

(e) the circumstances of the alleged offence, including, for a fatigue management offence, any risk category for the contravention constituting the offence;

(f) the measures available and measures taken—

(i) to prevent, eliminate or minimise the likelihood of a potential contravention happening; or

(ii) to eliminate or minimise the likelihood of risks to public safety arising from a potential contravention; or

(iii) to manage, minimise or eliminate risks to public safety arising from a potential contravention;

(g) the personal expertise and experience that the person charged had or ought reasonably to have had or that an employee or agent of that person had or ought reasonably to have had;

(h) the degree of ability the person charged, or an employee or agent of that person, had to take a measure mentioned in paragraph (f);

(i) the costs of measures mentioned in paragraph (f);

(j) the measures available and measures taken for any or all of the following—

(i) to include compliance assurance conditions in relevant commercial arrangements with other responsible persons for heavy vehicles;

(ii) to provide information, instruction, training and supervision to employees to enable compliance with this Law;

(iii) to maintain equipment and work systems to enable compliance with this Law;

(iv) to address and remedy similar compliance problems that may have happened in the past.

(2) In addition, in deciding whether things done or omitted to be done by a person charged with a fatigue management offence constitute reasonable steps, the court may have regard to any relevant body of fatigue knowledge.

(3) This section does not limit the matters the court must or may consider when deciding whether things done or omitted to be done by a person charged with a speeding offence or fatigue management offence constitute reasonable steps.

(4) In this section—

fatigue management offence means an offence against Chapter 6.

speeding offence means an offence against Part 5.2 or section 219.