Western Australia: Road Traffic (Vehicles) Act 2012 (WA)

Western Australia Road Traffic (Vehicles) Act 2012 Western Australia Road Traffic (Vehicles) Act 2012 Contents ‑Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 Part 2 — Licensing of vehicles Division 1 — General provisions about licensing 4. Vehicle licences 1 5. Applications for grant, renewal, transfer and variation of vehicle licences 1 6. Regulations for grant, renewal and variation of vehicle licences 1 7. Charges for vehicle licences 1 8. Licence obtained by means of dishonoured cheque of no effect 1 9. Cancellation, suspension of vehicle licence in certain circumstances 1 10. Transfer of vehicle licences 1 11. Requirement to make declaration on applying for grant or transfer of vehicle licence 1 12. Change of nominated owner 1 13. Permits and number plates for unlicensed vehicles 1 14. Register of vehicle licences 1 15. Labels to be affixed to certain vehicles 1 16. Effect of licence suspension order, disqualification 1 17. Classification of vehicle licences 1 18. Applicable charges in case of amendment 1 19. Minister may require vehicles to be inspected 1 Division 2 — Offensive advertisements on vehicles 19A. Licence warning notices 1 19B. Withdrawal of licence warning notices 1 Part 3 — Overseas motor vehicles when temporarily in Australia 20. Terms used 1 21. Application of this Part 1 22. Free vehicle licences for certain overseas vehicles 1 23. Vehicle licence for overseas vehicle granted in another jurisdiction has effect in this State 1 24. Free extension or renewal of vehicle licences for certain overseas vehicles 1 25. Free licence or renewal ceases to have effect in certain cases 1 26. Number plates on overseas vehicles 1 27. Regulations 1 Part 4 — Mass, dimension and loading requirements Division 1 — Term used in this Part 28. Term used: person connected 1 Division 2 — Mass, dimension and loading offences and modification of mass or dimension requirements Subdivision 1 — Mass, dimension and loading offences 29. Mass, dimension and loading requirements to be complied with 1 30. Penalties for mass, dimension or loading offences 1 31. Offences by consignees 1 Subdivision 2 — Modification of mass or dimension requirements for certain vehicles 32. Terms used 1 33. Modification of mass or dimension requirements for prescribed vehicles 1 34. Order or permit for modification 1 35. Application of modified mass or dimension requirement 1 36. Compliance with orders, permits 1 37. Regulations about modifying mass or dimension requirements 1 Division 3 — Access restrictions on certain vehicles that comply with mass or dimension requirements 38. Terms used 1 39. Restriction on access of complying restricted access vehicles to certain roads 1 40. Access approvals 1 41. Order or permit for access approval 1 42. Application of access approvals 1 43. Regulations about giving access approvals 1 Division 4 — Accreditation 44. Accreditation of persons in relation to certain heavy vehicles 1 45. Regulations about accreditation 1 46. Effect of suspension or cancellation of accreditation on modification or access approval 1 Part 5 — Categories of breach of mass, dimension or loading requirements Division 1 — The categories of breach 47. Categories of breach 1 Division 2 — Mass requirements: categories of breach 48. Mass requirements: minor risk breaches 1 49. Mass requirements: substantial risk breaches 1 50. Mass requirements: severe risk breaches 1 Division 3 — Dimension requirements: categories of breach 51. Terms used 1 52. Dimension requirements: minor risk breaches 1 53. Dimension requirements: substantial risk breaches 1 54. Dimension requirements: severe risk breaches 1 55. Dangerous projections 1 Division 4 — Loading requirements: categories of breach 56. Determining whether breach of loading requirement gives rise to certain risks 1 57. When a load's becoming displaced or unsecured is imminent 1 58. Loading requirements: minor risk breaches 1 59. Loading requirements: substantial risk breaches 1 60. Loading requirements: severe risk breaches 1 Part 6 — Directions as to MDLR breaches, defect notices and improvement notices Division 1 — General 61. Application of Part in relation to other directions 1 Division 2 — Rectification of breaches of mass, dimension or loading requirements 62. Term used: rectification action 1 63. Minor risk breaches 1 64. Substantial risk breaches 1 65. Severe risk breaches 1 66. Directions to be complied with 1 67. Authorisation to continue journey if only minor risk breaches 1 68. Operation of directions in relation to detachable vehicles 1 69. Directions and authorisations to be in writing 1 Division 3 — Defect notices 70. Terms used 1 71. Notices in relation to vehicle defects 1 72. Form and content of defect notices 1 73. Service of defect notices 1 74. Duration of defect notice 1 75. Defect notices and directions to be complied with 1 76. Powers of vehicle examiners 1 Division 4 — Improvement notices 77. Terms used 1 78. Improvement notices 1 79. Form and content of improvement notices 1 80. Improvement notice to be complied with 1 81. Amendment of improvement notices 1 82. Cancellation of improvement notices 1 83. Clearance certificates 1 Part 7 — Container weight declarations Division 1 — Obligations in relation to container weight declarations 84. Terms used 1 85. Form of container weight declaration 1 86. Duty of responsible entity 1 87. Duty of responsible person 1 88. Duty of driver 1 Division 2 — Recovery of losses resulting from not providing accurate container weight declarations 89. Recovery of losses if container weight declaration not provided 1 90. Recovery of losses for provision of inaccurate container weight declaration 1 91. Recovery of amount by responsible entity 1 92. Assessment of monetary value or attributable amount 1 93. Costs 1 Part 8 — Other MDLR offences Division 1 — False or misleading transport documentation offences 94. Terms used 1 95. Consignors: transport documentation 1 96. Packers: transport documentation 1 97. Loaders: transport documentation 1 98. Receivers: transport documentation 1 99. Responsible entity: container weight declaration 1 100. Responsible person for vehicle: container weight declaration 1 101. Container weight declaration: certain information not necessarily false or misleading 1 102. Reasonable steps defence 1 Division 2 — Miscellaneous MDLR offences 103. Weight of freight container: consignors' duties 1 104. Weight of freight container: packers' duties 1 105. Dismissal or other victimisation of employee or contractor assisting with or reporting breaches 1 106. Coercing, inducing or offering incentive 1 107. Certain false or misleading information not to be provided to involved persons 1 Part 9 — Liability for MDLR offences committed by other persons 108. Liability of officers for offence by body corporate 1 109. Liability of partners and persons managing partnerships 1 110. Liability of persons managing unincorporated associations 1 111. Liability of employers 1 112. Liability of offender not affected 1 Part 10 — Defences Division 1 — Reasonable steps defences 113. Reasonable steps defence 1 Division 2 — Other defences 114. Defence for responsible persons 1 115. Defence for drivers 1 116. Laws as to criminal responsibility not affected 1 Part 11 — Court imposed sanctions Division 1 — Term used in this Part 117. Term used: associate 1 Division 2 — General matters as to sentencing for MDLR offences 118. Sentencing principles 1 119. Default categorisation 1 120. Matters to be considered by courts when sentencing 1 121. Prohibition order has priority 1 122. Previous convictions of MDLR offences 1 Division 3 — Commercial benefits penalty orders 123. Commercial benefits penalty orders 1 Division 4 — Driver and vehicle licence sanctions 124. Power to affect driver's licence 1 125. Power to affect vehicle licence 1 Division 5 — Supervisory intervention orders 126. Supervisory intervention orders 1 127. Supervisory intervention order to be complied with 1 Division 6 — Prohibition orders 128. Prohibition orders 1 129. Prohibition order to be complied with 1 Part 12 — Miscellaneous 130. Substitution of vehicle in certain circumstances 1 131. Motor vehicle pools and insurance 1 Part 13 — Regulations 132. Regulations 1 133. Exemptions from regulations about vehicle standards and requirements 1 134. Exemptions from regulations in emergencies 1 135. Regulations about exemptions 1 136. Schemes for optional number plates 1 137. Regulations may refer to published documents 1 138. Minister's declarations that specified regulations do not apply to specified persons or vehicles 1 Part 14 — Transitional provisions Division 1 — Transitional provisions arising from certain amendments made to the Road Traffic Act 1974 by the Road Traffic Legislation Amendment Act 2012 139. Terms used 1 140. Application of Interpretation Act 1984 1 141. Vehicle licences, applications 1 142. Transfer of vehicle licences 1 143. Change of nominated owner 1 144. Permits, number plates and notices for unlicensed vehicles 1 145. Register of vehicle licences 1 146. Minister may require vehicles to be inspected 1 147. Overseas vehicles temporarily in Australia 1 148. Vehicle examiners and inspection stations 1 149. Mass requirements for class 3 vehicles used in Harvest Mass Management Scheme 1 150. Transitional regulations 1 Notes Compilation table 1 Other notes 1 Defined terms Western Australia Road Traffic (Vehicles) Act 2012 An Act to provide for the licensing and standards of vehicles and for mass, dimension and loading requirements for vehicles used for transporting goods and passengers by road and for related matters. Part 1 — Preliminary 1. Short title This is the Road Traffic (Vehicles) Act 2012. 2. Commencement This Act comes into operation as follows — (a) sections 1 and 2 — on the day on which this Act receives the Royal Assent; (b) the rest of the Act, on the day fixed under the Road Traffic (Administration) Act 2008 section 2(b). 3. Terms used (1) In this Act, unless the contrary intention appears — base, in relation to the driver of a vehicle, means a place from which the driver normally works and receives instructions and for the purposes of this definition — (a) if the driver is a self‑employed driver and an employed driver at different times, the driver may have one base as a self‑employed driver and another base as an employed driver; and (b) if the driver has 2 or more employers, the driver may have a different base in relation to each employer; consignee, in relation to goods, means — (a) a person who, with the person's authority, is named or otherwise identified as the intended consignee of the goods in the transport documentation relating to the transport of the goods by road; or (b) a person who actually receives the goods after their road transport is completed, but does not include a person who merely unloads the goods; consignor, in relation to goods, means — (a) a person who, with the person's authority, is named or otherwise identified as the consignor of the goods in the transport documentation relating to the transport of the goods by road; or (b) if there is no person to whom paragraph (a) applies — (i) a person who engages a responsible person for a vehicle, either directly or indirectly or through an agent or other intermediary, to transport the goods by road; or (ii) a person who has possession of, or control over, the goods immediately before the goods are transported by road; or (iii) a loader in relation to a vehicle that is to transport the goods by road, who loads the vehicle at a place where goods in bulk are stored or temporarily held and the vehicle is unattended during loading except by the driver or co‑driver of the vehicle, or any person necessary for the normal operation of the vehicle; or (c) if there is no person to whom paragraph (a) or (b) applies and the goods are imported into Australia, the person who imports the goods; dimension requirement — (a) means a prescribed requirement that relates to the dimensions of — (i) a vehicle; or (ii) a vehicle's load; or (iii) a vehicle and its load; or (b) if, in a particular case, a requirement mentioned in paragraph (a) is modified under Part 4 Division 2 Subdivision 2 means, in that case, the requirement as modified; employee means an individual who works under a contract of employment, apprenticeship or training; employer means a person who — (a) employs a person under a contract of employment, apprenticeship or training; or (b) engages a person under a contract for services; equipment, in relation to a vehicle, includes tools, devices and accessories in or on the vehicle; freight container means a container of a prescribed class of container; GCM (which stands for "gross combination mass"), in relation to a vehicle, means the greatest possible sum of the maximum loaded masses of the vehicle and of any vehicles that may be towed by it at the one time — (a) as specified by the vehicle's manufacturer; or (b) as specified by the relevant authority if — (i) the manufacturer has not specified the sum of the maximum loaded mass; or (ii) the manufacturer cannot be identified; or (iii) the vehicle has been modified to the extent that the manufacturer's specification is no longer appropriate; goods — (a) includes — (i) animals (whether alive or dead); and (ii) a container (whether empty or not); (b) does not include — (i) people; or (ii) fuel, water, lubricant or equipment that is being carried in or on a vehicle for the normal operation of the vehicle; GVM (which stands for "gross vehicle mass"), in relation to a vehicle, means the maximum loaded mass of the vehicle — (a) as specified by the manufacturer; or (b) as specified by the relevant authority if — (i) the manufacturer has not specified a maximum loaded mass; or (ii) the manufacturer cannot be identified; or (iii) the vehicle has been modified to the extent that the manufacturer's specification is no longer appropriate; heavy vehicle means a vehicle with a GVM of more than 4.5 t; involved person means a person who is involved in the transport of goods by road by means of a vehicle, and includes — (a) an owner of the vehicle; and (b) the driver of the vehicle; and (c) a co‑driver of the vehicle; and (d) a responsible person for the vehicle; and (e) a person in charge or apparently in charge of the vehicle; and (f) a person in charge or apparently in charge of a base of the driver of the vehicle; and (g) a person who is — (i) accredited under Part 4 Division 4 in relation to the vehicle; or (ii) responsible for performing a function of a prescribed kind in relation to the vehicle by way of complying with a requirement of accreditation; and (h) a person in charge of premises entered by a police officer under a road law in relation to the vehicle or goods; and (i) the consignor and the consignee of the goods; and (j) a loader in relation to the vehicle; and (k) a packer of the goods; and (l) in the case where the goods were packed, or put on a vessel, outside Australia a person who, in Australia, receives the goods for road transport; and (m) an owner or operator of a weighbridge, or weighing facility, used to weigh the vehicle, or an occupier of premises where such a weighbridge or weighing facility is located; and (n) a responsible entity for a freight container in which the goods are contained; and (o) a person who controls or directly influences the loading or operation of the vehicle or goods for road transport; and (p) an agent, employer, employee or subcontractor of a person mentioned in another paragraph of this definition; journey documentation means any documentation, except transport documentation, that is directly or indirectly associated with — (a) the actual or proposed physical transport of goods or passengers by road or any previous transport of the goods or passengers by any mode; or (b) goods or passengers themselves so far as the documentation is relevant to their actual or proposed physical transport, whether the documentation is in paper, electronic or any other form, and whether or not the documentation relates to a particular journey or to journeys generally, and includes — (c) records kept, used or obtained by an involved person in connection with the transport of the goods; and (d) workshop, maintenance and repair records relating to a vehicle used or claimed to be used, for the transport of the goods or passengers; and (e) a subcontractor's payment advice relating to the vehicle used or claimed to be used, goods, passengers or the transport of the goods or passengers; and (f) records kept, used or obtained by the driver or a co‑driver of the vehicle used for the transport of the goods or passengers, including (for example) the driver's run sheet, a log book entry, a fuel docket or receipt, a food receipt, a tollway receipt, pay records and mobile or other phone records; and (g) driver manuals and instruction sheets; and (h) advice in any form from check weighing performed before, during or after a journey; licence warning notice has the meaning given in section 19A(3); light vehicle means a vehicle with a GVM of 4.5 t or less; load, when used as a noun in relation to a vehicle, means — (a) the vehicle's driver and co‑drivers and their personal items; and (b) the goods and passengers in or on the vehicle; and (c) the fuel, water, lubricant or equipment that is being carried in or on the vehicle for the normal operation of the vehicle; and (d) anything that is normally removed from the vehicle when not in use; loader, in relation to a vehicle, means a person who — (a) loads the vehicle with goods for road transport; or (b) loads the vehicle with a freight container (whether or not containing goods) for road transport; or (c) loads a freight container that is already in or on the vehicle with goods for road transport; or (d) supervises an activity mentioned in paragraph (a), (b) or (c); or (e) manages or controls an activity mentioned in paragraph (a), (b), (c) or (d); loading requirement means a prescribed requirement that relates to the placing or securing of a vehicle's load; mass, dimension or loading requirement means a mass requirement, a dimension requirement or a loading requirement; mass or dimension requirement means a mass requirement or a dimension requirement; mass requirement — (a) means a prescribed requirement that relates to the mass of — (i) a vehicle; or (ii) a vehicle's load; or (iii) a vehicle and its load; or (b) if, in a particular case, a requirement mentioned in paragraph (a) is modified under Part 4 Division 2 Subdivision 2 means, in that case, the requirement as modified; minor risk breach — (a) in relation to a mass requirement, has the meaning given by section 48; (b) in relation to a dimension requirement, has the meaning given by section 52 or 55(1); (c) in relation to a loading requirement, has the meaning given by section 58; night means the period between sunset on one day and sunrise on the next day; number plate means an identification tablet or number plate bearing numerals, or letters, or numerals and letters; packaging, in relation to goods for road transport, means the container (including a freight container) in which the goods are received or held for road transport, and includes anything that enables the container to receive or hold the goods or to be closed; packer, in relation to goods, means a person who — (a) puts the goods in packaging for road transport; or (b) assembles the goods for road transport as packaged goods in an outer packaging; or (c) assembles the goods for road transport as a load of packaged goods that are — (i) wrapped then strapped or otherwise secured to a pallet or other base and to each other, for transport; or (ii) placed together in a protective outer container, except a freight container, for transport; or (iii) secured together in a sling for transport; or (d) supervises an activity mentioned in paragraph (a), (b) or (c); or (e) manages or controls an activity mentioned in paragraph (a), (b), (c) or (d); passenger, in relation to a vehicle, does not include the driver or a co‑driver of the vehicle; prohibition order means an order made under section 128; reasonable steps defence means the defence described in section 113; relevant authority, in relation to a vehicle, means — (a) if the vehicle has never been licensed or registered but the vehicle is used or is intended to be used in this State — the CEO; or (b) if the vehicle was last licensed in this State — the CEO; or (c) if the vehicle was last licensed or registered in another jurisdiction — the corresponding authority in that jurisdiction; responsible entity, in relation to a freight container, is — (a) the consignor of the container for road transport in this State if the consignor was in Australia at the time of consignment; or (b) if there is no person as described in paragraph (a) — the person who in Australia, on behalf of the consignor, arranged for the transport of the container by road in this State; or (c) if there is no person as described in paragraph (a) or (b) — the person who in Australia offers the container for road transport in this State; road transport means the transport of goods or passengers by road by means of a vehicle; severe risk breach — (a) in relation to a mass requirement, has the meaning given by section 50; (b) in relation to a dimension requirement, has the meaning given by section 54; (c) in relation to a loading requirement, has the meaning given by section 60; substantial risk breach — (a) in relation to a mass requirement, has the meaning given by section 49; (b) in relation to a dimension requirement, has the meaning given by section 53 or 55(2); (c) in relation to a loading requirement, has the meaning given by section 59; supervisory intervention order means an order made under section 126; transport documentation means — (a) contractual documentation directly or indirectly associated with — (i) a transaction for or relating to the actual or proposed transport of goods or passengers by road or any previous transport of the goods or passengers by any mode; or (ii) goods or passengers themselves so far as the documentation is relevant to their actual or proposed transport; or (b) documentation associated with contractual documentation mentioned in paragraph (a) and that is — (i) contemplated, mentioned or incorporated, in the contractual documentation; or (ii) required by law, or customarily provided, in connection with the contractual documentation or with the transaction, whether the documentation is in paper, electronic or any other form, and includes an invoice, vendor declaration, delivery order, consignment note, load manifest, export receival advice, bill of lading, contract of carriage, sea carriage document, or container weight declaration as defined in section 84, relating to the goods or passengers. (2) The Road Traffic (Administration) Act 2008 Part 1 Division 2 provides for the meanings of some terms and abbreviations in this Act. [Section 3 amended: No. 6 of 2023 s. 4.] Part 2 — Licensing of vehicles Division 1 — General provisions about licensing [Heading inserted: No. 6 of 2023 s. 5] 4. Vehicle licences (1) A vehicle licence is required for a vehicle of a prescribed class. (2) A responsible person for a vehicle and each person who uses the vehicle on a road commits an offence if, at the time the vehicle is used on the road — (a) a vehicle licence is required for the vehicle; and (b) a licence has not been granted in respect of the vehicle or a licence has been granted in respect of the vehicle but is not current. Penalty: a fine of 10 PU, and in addition, the court is to order the accused to pay a further penalty equal to the charges payable under this Act for the grant of a vehicle licence for the vehicle concerned for a period of 6 months. (3) A person does not commit an offence under subsection (2) arising out of the use of a vehicle within a period after the expiry of the licence that is — (a) prescribed by regulations made under section 6(2)(b) as a period within which the licence may be renewed; and (b) prescribed for the purposes of this subsection. (4) A person does not commit an offence under subsection (2) arising out of the use of a vehicle while it is used on a road — (a) under and in accordance with a permit issued under section 13(1); or (b) with number plates mentioned in section 13(2) and in accordance with each requirement applying to the use of the number plates. (5) A person does not commit an offence under subsection (2) arising out of the use of a vehicle while its use on a road is authorised under the law of another jurisdiction unless a responsible person for the vehicle is ordinarily resident within this State. (6) A person is not to be convicted of an offence under subsection (2) if the person has already been convicted of, or charged with and acquitted of, an offence under the Motor Vehicle (Third Party Insurance) Act 1943 section 4(3A), and both those offences or alleged offences were committed simultaneously. [Section 4 amended: No. 6 of 2023 s. 6.] 5. Applications for grant, renewal, transfer and variation of vehicle licences (1) An owner of a vehicle may apply for the grant, renewal, transfer or variation of a licence for the vehicle by — (a) submitting an application in a form approved by the CEO; and (b) paying the amount of — (i) any fee or charge that would be required by section 7; and (ii) the duty, and any penalty tax, payable under the Duties Act 2008 on the grant or transfer of the licence. (2) An owner of a vehicle is taken to make an application for the transfer of a licence for the vehicle under subsection (1) if — (a) a sum ordered to be paid under section 10(7) is paid; or (b) the amounts set out in an infringement notice under the Road Traffic (Administration) Act 2008 section 82(2) are paid. (2A) The payment under subsection (2)(a) or (b) is taken to be a payment under subsection (1)(b). (3) If an owner of a vehicle makes an application under subsection (1), the CEO must, in accordance with the regulations, grant, renew, transfer or vary a licence for the vehicle if — (a) either — (i) the vehicle meets the prescribed standards and requirements for that vehicle and is otherwise fit for the purpose for which the licence is required; or (ii) the vehicle does not meet a prescribed standard or requirement for that vehicle but the vehicle is of a prescribed class or is used in a prescribed manner or otherwise complies with each requirement prescribed for the purposes of this subparagraph; and (b) in the case of an application by an individual, the applicant has attained any minimum age prescribed by regulations under section 132(2)(g) and provided any proof of age and identity required by those regulations; and (c) the applicant has complied with any applicable provisions of the Duties Act 2008 relating to the grant or transfer of motor vehicles; and (d) the CEO is satisfied that — (i) the vehicle is kept primarily in this State; or (ii) the vehicle is not kept primarily in any jurisdiction; and (e) the vehicle were to be kept primarily in another jurisdiction, the applicant would not be prevented by or under the law of another jurisdiction from holding a licence for, or being registered in respect of, the vehicle; and (f) a licence suspension order made under the Fines, Penalties and Infringement Notices Enforcement Act 1994 section 19 or 43 is not in force in respect of the vehicle; and (g) the vehicle is not immobilised under the Fines, Penalties and Infringement Notices Enforcement Act 1994 section 95C; and (h) the vehicle's number plates have not been removed under the Fines, Penalties and Infringement Notices Enforcement Act 1994 section 95F; and (i) a vehicle licence suspension and disqualification order made under the Fines, Penalties and Infringement Notices Enforcement Act 1994 section 95G is not in force in respect of the vehicle; and (j) a vehicle licence cancellation and disqualification order made under the Fines, Penalties and Infringement Notices Enforcement Act 1994 section 95J is not in force in respect of the vehicle; and (k) in the case of an application for the grant of a licence where a licence warning notice relating to the vehicle is in force — the CEO is satisfied that the advertisement that gave rise to the licence warning notice has been removed from the vehicle; and (l) in the case of an application for the transfer of a licence — there is no licence warning notice relating to the vehicle in force. (4) A vehicle cannot be licensed in the name of more than one person at a particular time. (5) Any one of 2 or more owners may apply for the grant or transfer of a licence and the application is to be signed by each of them. (6) An application under subsection (5) is to be regarded as notice of the nomination of the applicant for the purposes of the Road Traffic (Administration) Act 2008 section 5(2). (7) Nothing in this section authorises or permits the CEO to grant, renew or vary a vehicle licence contrary to any provision of the Motor Vehicle (Third Party Insurance) Act 1943 or any other provision of this Act or the regulations. (8) The CEO is to refund any amount paid by a person in connection with — (a) an application under this section that is refused; or (b) an application for the transfer of a licence upon which the licence is not transferred but cancelled. [Section 5 amended: No. 48 of 2012 s. 74; No. 25 of 2020 s. 124; No. 6 of 2023 s. 7; No. 15 of 2024 s. 77.] 6. Regulations for grant, renewal and variation of vehicle licences (1) The regulations may provide for the grant, renewal or variation of a vehicle licence by the CEO to the extent that a matter is not provided for in section 5. (2) Without limiting subsection (1), the regulations may — (a) fix the periods for which a vehicle licence may be granted or renewed; and (b) fix a period, whether before or after the expiry of a licence, within which the licence may be renewed; and (c) provide that renewal of a vehicle licence within a specified period after the expiry continues the licence; and (d) provide that a vehicle licence that is renewed within a specified period after the expiry of the licence is to be taken as having effect from a specified time which may be immediately after that expiry; and (e) empower the CEO to provide for 3 or more vehicle licences held by the same person to expire on the same day. (3) A regulation made under subsection (2)(c) or (d) does not operate to provide a defence in a prosecution of an offence under section 4(2). 7. Charges for vehicle licences (1) The prescribed recording fee is to be paid to the CEO for the grant, renewal or variation of any licence for a vehicle (other than under Part 3), irrespective of whether the whole or any part of a vehicle licence charge is also payable for the grant, renewal or variation of the licence. (2) The prescribed transfer fee is to be paid to the CEO for effecting the transfer of any licence for a vehicle. (3) Subject to any reduction, waiver, refund or deferral provided for in the regulations, the appropriate prescribed charge is to be paid to the CEO for granting, renewing or varying any licence for a vehicle. (4) If a vehicle licence is granted free of charge or upon the payment of a reduced vehicle licence charge and — (a) a condition imposed on the licence is not complied with; or (b) the ownership of the vehicle changes to that of a person who would not be granted a licence free of charge or at a reduced charge; or (c) the vehicle is put to a use for which the licence would not be granted free of charge or at a reduced charge, for the purposes of section 4(2) the vehicle licence is to be taken to be not current unless the vehicle licence charge, or the difference between the vehicle licence charge and the reduced vehicle licence charge, is paid. (5) If a vehicle licence is granted under this Act and the fees or charges paid in respect of the licence are subsequently found to be in excess of the fees or charges which are properly payable in respect of the licence, the CEO is to refund the amount of the excess to the person to whom the licence was granted as soon as practicable after a written demand for the amount. (6) If a vehicle licence is granted under this Act and the fees or charges paid in respect of the licence are subsequently found to be less than the fees or charges which are properly payable in respect of the licence, and if the person to whom the licence was granted fails to pay the deficiency to the CEO within 7 days after the amount of the deficiency has been demanded in writing from the person, the CEO may recover the deficiency in a court of competent jurisdiction from the person. 8. Licence obtained by means of dishonoured cheque of no effect (1) Where the fees or charges for the grant or renewal of a vehicle licence (the licence) are paid by a cheque which is not honoured by the financial institution on which it is drawn, the licence has no effect as from the time of grant or renewal, as is applicable in the case. (2) The person granted the licence must, on written demand made by or on behalf of the CEO, deliver the licence document and the number plates relating to the licence to the CEO by the time specified in the demand. Penalty: a fine of 6 PU. (3) A person to whom a demand is made under subsection (2) must not use or continue to use the licence document or the number plates relating to the licence. Penalty: a fine of 6 PU. 9. Cancellation, suspension of vehicle licence in certain circumstances (1) The CEO may cancel the licence in respect of any vehicle if — (a) the applicable fees and charges have not been paid; or (b) the vehicle does not meet the prescribed standards and requirements for that vehicle; or (c) a responsible person for the vehicle has failed to present it for inspection when directed to do so by the CEO under a road law; or (d) the licence for the vehicle is surrendered in accordance with the Motor Vehicle Dealers Act 1973 section 28A; or (e) each of the following applies — (i) the CEO gives a licence warning notice to a responsible person for the vehicle under section 19A; (ii) it is on or after the day specified in the notice under section 19A(3)(b); (iii) the notice is in force. (2) The CEO may, in circumstances described in subsection (1)(a), (b), (c) or (e), suspend the licence in respect of a vehicle until the circumstances giving rise to the suspension are remedied. (3) If requested under the Road Traffic Act 1974 section 79BD to do so, the CEO must, in accordance with the request — (a) suspend the licence in respect of a vehicle; or (b) revoke the suspension of the licence in respect of a vehicle. [Section 9 amended: No. 2 of 2015 s. 25; No. 6 of 2023 s. 8.] 10. Transfer of vehicle licences (1) A person to whom a licence in respect of a vehicle has been granted must, within 7 days after ceasing to be the owner of the vehicle — (a) give notice in writing to the CEO of the name and address of the new owner of the vehicle; and (b) return the licence document and the related number plates to the CEO if — (i) the licence was granted free of charge or upon the payment of a reduced vehicle licence charge; and (ii) the vehicle licence charge, or the difference between the vehicle licence charge and the reduced vehicle licence charge, has not been paid. Penalty: a fine of 10 PU. (2) A person who becomes the owner of a vehicle in respect of which a licence has been granted must, within 14 days after becoming the owner, give notice in writing to the CEO of that fact. Penalty: a fine of 10 PU. (3) As soon as practicable after receiving notice under subsection (1)(a) or (2), or otherwise, of a change in the ownership of a vehicle in respect of which a licence has been granted — (a) if the CEO reasonably suspects that the vehicle does not meet a prescribed standard or requirement relating to the security of the vehicle, the CEO may issue to the new owner a notice requiring that the vehicle be modified so that it does meet the prescribed standard or requirement; or (b) if the CEO is satisfied that the licence may be transferred under section 5(3) and no application has been made under section 5(1), the CEO may issue to the new owner a notice requiring that an application for the transfer of the licence be made under section 5. (4) In subsection (3) — new owner, in relation to a vehicle, means a person who, according to the notice received by the CEO, has become a new owner of the vehicle and, if there is more than one such person, each or any of them. (5) If a vehicle has not been modified in accordance with a notice issued under subsection (3)(a) within 28 days after the notice is issued, or any longer period that the CEO allows, the CEO is to cancel the licence in respect of the vehicle. (6) A person to whom a notice is issued under subsection (3)(b) commits an offence if an application for the transfer of the licence for the vehicle is not made within 28 days after the notice is issued, or any longer period that the CEO allows, unless it can be shown that — (a) the person did not agree to becoming an owner of the vehicle and has notified the CEO in writing accordingly; or (b) another person has been nominated for the purposes of the Road Traffic (Administration) Act 2008 section 5(2); or (c) there is more than one owner of the vehicle and there is good reason for not nominating a person under the Road Traffic (Administration) Act 2008 section 5(2); or (d) there was some other good reason that the application for the transfer of the licence was not made. Penalty: a fine of 50 PU. (7) The court convicting a person of an offence under subsection (6) must, whether imposing a penalty or not, order the person to pay the sum of — (a) the prescribed transfer fee; and (b) the amount payable under a taxation Act, as defined in the Taxation Administration Act 2003 Glossary, in respect of the transfer of the licence. (8) The other subsections of this section do not apply if a person to whom a licence in respect of a vehicle has been granted dies, and in that case the CEO, on an application under section 5, if any, by the executor or administrator of the estate of that person, is to endorse on the licence the transfer of the licence to that executor or administrator. 11. Requirement to make declaration on applying for grant or transfer of vehicle licence (1) Regulations may require an applicant for the grant or transfer of a licence in respect of a vehicle to declare in writing that the vehicle meets any prescribed standard or requirement relating to the security of vehicles that applies to that vehicle. (2) If the applicant does not comply with a requirement of regulations made for the purposes of subsection (1), it may be taken for the purposes of section 5(3)(a) that the vehicle concerned does not meet the prescribed standard or requirement. 12. Change of nominated owner (1) If a person is the owner of a vehicle as the result of a nomination for the purposes of the Road Traffic (Administration) Act 2008 section 5(2), the person may apply to the CEO, in a form approved by the CEO, to cancel the nomination. (2) The application is to include a statement, signed by each person who would be an owner if there had been no nomination, to the effect that they agree to another of them being the owner of the vehicle for the purposes of this Act. (3) If the CEO approves the application and the applicant pays the prescribed fee, if any — (a) the current nomination ceases to have effect; and (b) the statement under subsection (2) is to be treated as being a nomination for the purposes of the Road Traffic (Administration) Act 2008 section 5(2); and (c) the CEO is to vary the licence by changing the name of the person to whom the licence is granted in accordance with the application. 13. Permits and number plates for unlicensed vehicles (1) The CEO may grant to a person a permit (permit) authorising the driving of an unlicensed vehicle or the towing of an unlicensed vehicle in accordance with any requirements specified by the CEO in the permit — (a) to or from any place at which the CEO grants vehicle licences or examines vehicles in connection with the granting of vehicle licences or to or from any place at which the vehicle is to be or has been repaired; or (b) for a purpose that is specified by the CEO in the permit; or (c) for a prescribed purpose. (2) The CEO may issue to a person of a prescribed class number plates (number plates) which may be used on an unlicensed vehicle in accordance with any requirement specified in writing by the CEO. (3) Without limiting any power to make regulations under this Act, the regulations may prescribe — (a) the fees for the grant of a permit; and (b) the requirements that are to be taken to apply to all permits or permits of a class specified in the regulations; and (c) the fees for the issue and use of number plates; and (d) the requirements that are to be taken to apply to the use and return of number plates on all unlicensed vehicles or to the use and return of number plates on unlicensed vehicles of a class specified in the regulations; and (e) a deposit to be paid on the issue of, and in respect of, number plates, and the circumstances in which that deposit is forfeited or refunded. (4) The CEO may, by notice in writing, cancel a permit if the vehicle in respect of which it was granted is driven or towed otherwise than in accordance with the permit. (5) A notice in writing mentioned in subsection (4) — (a) is to be signed by a person authorised so to do by the CEO; and (b) is to be served on the person to whom the permit was granted; and (c) is to come into operation when it is served or, if a later time is specified in the notice, at that time. 14. Register of vehicle licences The CEO is to keep a register of vehicle licences, and enter in it particulars of each vehicle licence that is granted. 15. Labels to be affixed to certain vehicles Regulations may provide for — (a) the CEO to issue a label (label) on the grant or renewal, under this Part, of a vehicle licence for a vehicle of a prescribed class; and (b) specified information about a vehicle to be contained in or on a label for the vehicle; and (c) matters relating to the affixing to vehicles, and display, of labels. 16. Effect of licence suspension order, disqualification (1) Where a licence suspension order is made under the Fines, Penalties and Infringement Notices Enforcement Act 1994 in respect of a person, a licence held by that person in respect of a vehicle specified in the order or in respect of any vehicle (as the order directs) is, by force of this section, suspended so long as the licence suspension order continues in force and during that period is of no effect. (2A) If a vehicle licence suspension and disqualification order is made under the Fines, Penalties and Infringement Notices Enforcement Act 1994 section 95G in respect of a person, a licence held by that person in respect of the vehicle specified in the order is, by force of this section, suspended so long as the vehicle licence suspension and disqualification order continues in force and during that period is of no effect. (2) Subsections (1) and (2A) do not operate to extend the period for which a vehicle licence may be current or effective beyond the expiration of the period for which the licence was expressed to be granted or renewed. (3) A vehicle licence obtained by a person who is disqualified from holding or obtaining a vehicle licence is, by force of this section, of no effect. (4) If a vehicle licence cancellation and disqualification order is made under the Fines, Penalties and Infringement Notices Enforcement Act 1994 section 95J in respect of a person, a licence held by that person in respect of the vehicle specified in the order is, by force of this section, cancelled. [Section 16 amended: No. 48 of 2012 s. 75; No. 25 of 2020 s. 125.] 17. Classification of vehicle licences Despite any other provision of this Part, regulations may prescribe classes of vehicle licences and by those regulations — (a) specify the vehicles or classes of vehicle to which any class of licence is to apply; and (b) provide for licences of any particular class to be granted for a limited period or limited periods; and (c) empower the CEO to impose limitations on the use of a vehicle for which a particular class of licence is granted. 18. Applicable charges in case of amendment (1) In this section — commencement day, in relation to regulations, means the day from which, under the Interpretation Act 1984 section 41, those regulations take effect and have the force of law; specified day, in relation to regulations, means the day prescribed in the regulations as the specified day for the purposes of this section, being a day not less than 30 days after the commencement day of those regulations. (2) If regulations made under section 7(3) in relation to charges for granting or renewing a vehicle licence are amended or replaced, the regulations as in force immediately before the commencement day of the amending or replacing regulations continue to apply in relation to — (a) the grant of a vehicle licence if that licence is granted before the specified day; and (b) the renewal of a vehicle licence if, in accordance with regulations made under section 6, that renewal has effect, or is to be taken to have effect, on and from a day that precedes the specified day. 19. Minister may require vehicles to be inspected (1) The Minister may, by order published in the Gazette, prohibit the grant, renewal or transfer of any vehicle licence, in respect of a vehicle unless and until the vehicle has been examined and a certificate of inspection has been issued under this Act that the vehicle meets the prescribed standards and requirements for that vehicle and that the vehicle is fit for the purpose for which the licence is desired. (2) The Minister may, in an order under subsection (1), declare that the provisions of the order — (a) apply in respect of vehicles generally or in respect of vehicles of a class specified in the order; or (b) apply throughout the State or in a part of the State specified in the order; or (c) do not apply in a case, or cases of a class, specified in the order. Division 2 — Offensive advertisements on vehicles [Heading inserted: No. 6 of 2023 s. 9] 19A. Licence warning notices (1) In this section — Ad Standards means the Australian Association of National Advertisers ACN 003 179 673 carrying on business under the name Ad Standards; advertising code means — (a) the Australian Association of National Advertisers Code of Ethics, published by the Australian Association of National Advertisers ACN 003 179 673, as in force from time to time; or (b) another document prescribed by the regulations for the purposes of this definition to be an advertising code. (2) This section applies if Ad Standards gives written notice to the CEO that — (a) Ad Standards, or a body appointed by Ad Standards, has made a final determination that an advertisement on a vehicle breaches the advertising code; and (b) Ad Standards does not believe that the advertisement has been removed from the vehicle. (3) The CEO may give written notice (a licence warning notice) to a responsible person for the vehicle stating that — (a) Ad Standards has notified the CEO that — (i) a determination has been made that an advertisement on the vehicle is in breach of the advertising code; and (ii) Ad Standards does not believe that the advertisement has been removed from the vehicle; and (b) unless the CEO is satisfied that the advertisement has been removed from the vehicle, the CEO may cancel the vehicle licence for the vehicle on or after the day specified in the licence warning notice. (4) The day specified under subsection (3)(b) must not be less than 14 days after the day on which the CEO gives the licence warning notice to the responsible person. (5) The licence warning notice is in force until — (a) it is withdrawn under section 19B; or (b) the vehicle licence for the vehicle expires without being renewed, or is cancelled, and a new vehicle licence for the vehicle is granted. [Section 19A inserted: No. 6 of 2023 s. 9.] 19B. Withdrawal of licence warning notices (1) This section applies if — (a) the CEO gives a licence warning notice to a responsible person for a vehicle; and (b) the vehicle licence for the vehicle has not expired or been cancelled since the licence warning notice was given; and (c) the CEO is satisfied that the advertisement that gave rise to the licence warning notice has been removed from the vehicle. (2) The CEO must, by written notice given to the responsible person, withdraw the licence warning notice. (3) The notice under subsection (2) must state that the CEO cannot cancel the vehicle licence for the vehicle on the basis of the licence warning notice. (4) For the purposes of subsection (1)(b), a vehicle licence that expires and is renewed is taken not to have expired. [Section 19B inserted: No. 6 of 2023 s. 9.] Part 3 — Overseas motor vehicles when temporarily in Australia 20. Terms used In this Part — licence, in relation to an overseas vehicle, includes registration of the vehicle or any other form of authorisation to drive the vehicle on a public road, effected under the law of the country in which the vehicle's owner is ordinarily resident; overseas vehicle means a motor vehicle that is imported for temporary use in Australia from any other country and is — (a) landed in this State direct from that country; or (b) brought to this State from another jurisdiction. 21. Application of this Part The provisions of this Part do not affect — (a) Part 2 relating to the licensing of vehicles; or (b) the provisions of the regulations made under this Act relating to the licensing of vehicles, except to the extent expressly provided; or (c) the provisions of the Transport Co‑ordination Act 1966 or the Transport (Road Passenger Services) Act 2018. [Section 21 amended: No. 26 of 2018 s. 324.] 22. Free vehicle licences for certain overseas vehicles (1) A person may apply to the CEO to be granted, free of charge, a vehicle licence for an overseas vehicle if the person is an owner of the vehicle and is not ordinarily resident in Australia. (2) On an application the CEO is to grant, free of charge, a vehicle licence for the overseas vehicle if the CEO is satisfied that — (a) there is in force a vehicle licence granted in relation to that vehicle under the law of the country in which the owner is ordinarily resident; and (b) there is in force a contract of insurance with respect to the vehicle as provided in the Motor Vehicle (Third Party Insurance) Act 1943 section 4; and (c) there is documentary evidence establishing that the owner has given to the Australian Government department that has responsibility for customs a guarantee that the vehicle is to be subsequently taken out of Australia; and (d) either — (i) the overseas vehicle meets the prescribed standards and requirements for that vehicle and is otherwise fit for the purpose for which the licence is required; or (ii) the overseas vehicle does not meet a prescribed standard or requirement for that vehicle but the vehicle is of a prescribed class or is used in a prescribed manner or otherwise complies with a requirement prescribed for the purposes of section 5(3)(a)(ii). (3) The period of a vehicle licence granted under this section must not go beyond — (a) 12 months from the day when the vehicle was landed in this State; or (b) the day of the expiry of the licence granted under the law of the country mentioned in subsection (2)(a); or (c) the day of the expiry of the contract of insurance mentioned in subsection (2)(b). 23. Vehicle licence for overseas vehicle granted in another jurisdiction has effect in this State For the purpose of this Part a licence granted by any licensing or registering authority of another jurisdiction in relation to an overseas vehicle is to be taken to be a vehicle licence under this Act in respect of the vehicle when it is used on any road within the State — (a) during the currency of the licence; and (b) so long as a contract of insurance with respect to that vehicle as provided in the Motor Vehicle (Third Party Insurance) Act 1943 section 3(4) or 4(1) is in force. 24. Free extension or renewal of vehicle licences for certain overseas vehicles (1) A person may apply to the CEO to be granted, free of charge, an extension or renewal of a vehicle licence granted under section 22 that has expired. (2) On an application the CEO is to grant, free of charge, an extension or renewal of the licence if the CEO is satisfied that — (a) the vehicle is being used in this State; and (b) there is in force a vehicle licence granted in relation to that vehicle under the law of the country in which the owner is ordinarily resident; and (c) there is in force a contract of insurance with respect to the vehicle as provided in the Motor Vehicle (Third Party Insurance) Act 1943 section 4; and (d) there is documentary evidence establishing that the owner has given to the Australian Government department that has responsibility for customs a guarantee that the vehicle is to be subsequently taken out of Australia; and (e) either — (i) the overseas vehicle meets the prescribed standards and requirements for that vehicle and is otherwise fit for the purpose for which the licence is required; or (ii) the overseas vehicle does not meet a prescribed standard or requirement for that vehicle but the vehicle is of a prescribed class or is used in a prescribed manner or otherwise complies with a requirement prescribed for the purposes of section 5(3)(a)(ii). (3) The period for which a vehicle licence is extended or renewed under this section must not go beyond — (a) 12 months from the day when the vehicle was landed in Australia; or (b) the day of the expiry of the licence granted under the law of the country mentioned in subsection (2)(b); or (c) the day of the expiry of the contract of insurance mentioned in subsection (2)(c). 25. Free licence or renewal ceases to have effect in certain cases A vehicle licence that is granted under section 22 or extended or renewed under section 24 ceases to have effect when — (a) the vehicle's owner becomes ordinarily resident in Australia; or (b) the vehicle is transferred to a person who is ordinarily resident in Australia. 26. Number plates on overseas vehicles (1) If — (a) on its arrival in this State, an overseas vehicle is equipped with one or more number plates in accordance with the law of the country or jurisdiction from which it was landed or brought; and (b) a vehicle licence is granted under section 22 or extended or renewed under section 24 in relation to the vehicle, the number plates are to be taken to have been issued under this Act during the currency of the vehicle licence and while the vehicle is being used temporarily within Australia. (2) If — (a) on its arrival in this State, an overseas vehicle is not equipped with any number plates or has a number plate that is so mutilated that any material part is obscured, obliterated or indistinct; and (b) a vehicle licence is granted under section 22 or extended or renewed under section 24 in relation to the vehicle, the CEO, on payment of the prescribed fee, is to issue to the vehicle's owner a temporary plate or plates which are to be affixed to the vehicle in the manner and place in or on the vehicle that are prescribed for ordinary number plates. 27. Regulations The regulations may provide for — (a) matters relating to applications under section 22 or 24; and (b) matters relating to the application for the issue of, and the use and return of, temporary number plates; and (c) matters relating to the use on roads in this State of overseas vehicles that have the steering apparatus on the left‑hand side of the vehicle; and (d) matters relating to the issue and use of plates that identify to other road users vehicles mentioned in paragraph (c); and (e) the fees for plates mentioned in paragraphs (b) and (d); and (f) the nature and kind of information and particulars that owners of overseas vehicles are to give the CEO at any specified time or from time to time, relating to the vehicle; and (g) the CEO to issue a label (label) on the grant, extension or renewal, under this Part, of a vehicle licence for a vehicle of a prescribed class; and (h) specified information about a vehicle to be contained in or on a label for the vehicle; and (i) matters relating to the affixing to vehicles, and display, of labels. Part 4 — Mass, dimension and loading requirements Division 1 — Term used in this Part 28. Term used: person connected In this Part — person connected with a vehicle means a person who is — (a) the driver of the vehicle; or (b) a co‑driver of the vehicle; or (c) a responsible person for the vehicle; or (d) a consignor of goods that are in or on the vehicle; or (e) a loader in relation to the vehicle; or (f) a packer of goods that are in or on the vehicle. Division 2 — Mass, dimension and loading offences and modification of mass or dimension requirements Subdivision 1 — Mass, dimension and loading offences 29. Mass, dimension and loading requirements to be complied with (1) A person connected with a vehicle commits an offence if — (a) the vehicle is on a road; and (b) a mass, dimension or loading requirement that applies to the vehicle or its load or to the vehicle and its load is not being complied with. (2) In a prosecution for an offence under subsection (1) the person charged has the benefit of the reasonable steps defence. (3) A person does not commit an offence under subsection (1) in relation to a mass requirement that applies to a heavy vehicle and its load if — (a) the load is grain, sand, ore, volume loaded liquid, or any other commodity, that is transported in bulk; and (b) the vehicle is built for the purpose of carrying that commodity in bulk; and (c) the vehicle is designed so that the load can move within the confines of the vehicle; and (d) the gross loaded mass of the vehicle at the time does not exceed the vehicle's GVM; and (e) the amount of mass in excess of the amount of the maximum mass permitted in relation to an axle mass requirement, expressed as a percentage of the amount of the maximum mass, is less than 5%. 30. Penalties for mass, dimension or loading offences (1) The penalty for an offence under section 29(1) that involves a failure to comply with a mass requirement in relation to a heavy vehicle is the fine set out in the Table corresponding to the amount of mass in excess of the amount of the maximum mass permitted under the requirement, expressed as a percentage of the amount of the maximum mass, but the minimum penalty is the minimum fine set out in the Table corresponding to the amount of the excess mass. Table — Heavy vehicles — breach of mass requirement Mass in excess of maximum permitted mass (%) Above or (except in the case of 0%) equal to Less than Fine Minimum Fine % % PU PU 0 5 20 4 5 10 40 6 10 15 60 10 15 20 80 12 20 25 120 18 25 30 140 20 30 35 160 24 35 40 180 28 40 45 200 32 45 50 220 36 50% or more 300 40 (2) The penalty for an offence under section 29(1) that involves a failure to comply with a mass requirement in relation to a light vehicle is the fine set out in the Table corresponding to the amount of mass in excess of the amount of the maximum mass permitted under the requirement, expressed as a percentage of the amount of the maximum mass, but the minimum penalty is the minimum fine set out in the Table corresponding to the amount of the excess mass. Table — Light vehicles — breach of mass requirement Mass in excess of maximum permitted mass (%) Above or (except in the case of 0%) equal to Less than Fine Minimum fine % % PU PU 0 5 8 2 5 10 12 3 10 15 16 4 15 20 20 5 20 25 24 6 25 30 28 7 30 35 32 8 35 40 40 10 40 45 48 12 45 50 56 14 50% or more 64 16 (3) The penalty for an offence under section 29(1) that is not mentioned in subsection (1) or (2) is — (a) in the case of a breach of a loading requirement that is a minor risk breach, a fine of 4 PU; or (b) in the case of any other minor risk breach, a fine of 20 PU but the minimum penalty is a fine of 6 PU; or (c) in the case of a substantial risk breach, a fine of 40 PU but the minimum penalty is a fine of 10 PU; or (d) in the case of a severe risk breach, a fine of 100 PU but the minimum penalty is a fine of 20 PU. (4) If a person is convicted of an offence under section 29(1) involving a failure to comply with a mass or dimension requirement that has been modified under Subdivision 2, the penalty for the offence is that which would have applied if the requirement had not been modified. 31. Offences by consignees (1) A person who is a consignee of goods consigned for road transport commits an offence if — (a) the person engages in conduct that results, or is likely to result, in inducing or rewarding the commission of a breach of a mass, dimension or loading requirement; and (b) the person either — (i) intends the result mentioned in paragraph (a); or (ii) is negligent or reckless as to whether the result mentioned in paragraph (a) occurs. Penalty: a fine of 200 PU. (2) A consignee of goods is to be taken to have intended the result mentioned in subsection (1)(a) if — (a) the conduct concerned relates to a freight container consigned for road transport, or for transport partly by road and partly by some other means; and (b) the person knew or ought reasonably to have known that — (i) a container weight declaration for the freight container was not provided as required under Part 7; or (ii) a container weight declaration provided for the container contained information about the weight of the container and its contents that was false or misleading in a material particular. (3) For the purposes of subsection (2)(b)(ii), information in a container weight declaration is not false or misleading in a material particular just because it overstates the weight of the freight container and its contents. Subdivision 2 — Modification of mass or dimension requirements for certain vehicles 32. Terms used In this Subdivision — order means an order mentioned in section 34(1)(a) by which a mass or dimension requirement is modified; permit means a permit mentioned in section 34(1)(b) by which a mass or dimension requirement is modified; vehicle means a vehicle of a class prescribed for the purposes of this definition. 33. Modification of mass or dimension requirements for prescribed vehicles (1) The Commissioner of Main Roads may modify a mass or dimension requirement that applies to — (a) a vehicle; or (b) the load of a vehicle; or (c) a vehicle and its load. (2) A modification of a mass requirement may impose a higher maximum mass than that permitted under the requirement but the higher maximum mass must not exceed the GCM, the GVM or any other mass limit specified by the manufacturer. (3) A modification of a dimension requirement may impose a higher maximum width, height or length than that permitted under the requirement. (4) The Commissioner of Main Roads is not to modify a mass or dimension requirement that applies to a vehicle that is also a heavy vehicle of a prescribed class or its load unless on or before th