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Australian National Character Check (ANCC) makes every effort to provide updated and accurate information to its customers. However due to the continuously changing nature of legislations for the Commonwealth and various States and Territories, it is inevitable that some information may not be up to date. The information on the website is general information only. The contents on the website do not constitute legal or professional advice and should not be relied upon as a substitute for legal or professional advice. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, suitability, accuracy or availability with respect to the information.
It goes without saying that heavy vehicle accidents are less common than motor vehicle accidents. However, a single heavy vehicle accident could cost the lives of more individuals or result in grievous bodily injuries.
As such, many states in Australia, including NSW, have formulated different regulations to control the rates of heavy vehicle accidents.
Interested persons can find the rules and sanctions regarding heavy vehicles in the Heavy Vehicle National Law (NSW). Going against any of these regulations can result in some penalties.
This article will discuss what the law says regarding heavy vehicle offences. It will also cover the possible defences for the different heavy vehicle offences.
If an individual is convicted for a heavy vehicle offence, the offence will show up as a disclosable court outcome (DCO) on a Nationally Coordinated Criminal History Check.
There are several regulations regarding the use of heavy vehicles in the Heavy Vehicles National Law (NSW). These regulations provide guidelines for how a person must operate a heavy vehicle. These regulations are:
Section 26C of the Heavy Vehicles National Law (NSW) provides the responsibilities of every party involved in the transportation activities of a heavy vehicle. In this section, every party must ensure that:
Based on Section 85 of the Heavy Vehicle National Law (NSW), no individual must modify a heavy vehicle without approval from the appropriate quarters.
Modification in this section means removing or changing a specific heavy vehicle component. Modifying a heavy vehicle without approval can attract a fine of $3000.
Also, a person can become guilty of an offence if they use or permit another individual to drive an unauthorised, modified heavy vehicle. Committing this crime can result in a fine of $3000.
Section 87A of the Heavy Vehicle National Law (NSW) makes it illegal for a person to tamper with a plate or label affixed to a heavy vehicle.
Tampering in this section refers to damaging, removing or interfering with something. Tampering with a part of a heavy vehicle offence can attract a fine of $3000.
Nevertheless, an NSW court can only convict a person after the prosecution has shown that:
Section 228 of the Heavy Vehicle National Law (NSW) states that no person must drive a heavy vehicle while impaired by fatigue.
Driving while impaired by fatigue can lead to a fine not exceeding $6000.
However, before the court can convict a person, the prosecution will have to establish that:
Section 513 of the Heavy Vehicle National Law (NSW) establishes that a driver of a heavy vehicle must bring their vehicle to a halt after receiving the order from the police. This order provides the opportunity for a police officer to carry out the duty of inspecting the heavy vehicle.
Also, it is essential to note that an officer could give the order orally, electronically or in any other form. Going against the order to bring a heavy vehicle to a halt can attract a fine that is not above $6000.
Nonetheless, the court cannot convict a person unless the prosecution has proven that:
Section 514 of the Heavy Vehicle National Law (NSW) states that an authorised officer has the right to order a driver of a vehicle not to:
This right allows the officer to carry out their duties. Therefore, going against this order can result in a fine of $6000. Nonetheless, the court cannot convict a person for an offence in this section unless the prosecution has established that:
Section 517 of the Heavy Vehicle National Law (NSW) establishes that an officer has the authority to order a driver to move their heavy vehicle if the officer believes that:
Disobeying this order can attract a fine that is not above $6000. However, the court will only convict a person for an offence in this section if the prosecution shows that:
When accused of a heavy vehicle-related offence, there are several defences that a defendant can raise. These defences are:
A defendant can claim that they did not intentionally commit a heavy vehicle offence. For instance, a person might have failed to comply with a stop order because they were not aware of the order.
The court might be unable to convict a person for some heavy vehicle-related offences if they possess a valid permit.
A defendant may not face charges if they are an authorised officer carrying out their duties.
Knowing the next line of action to take when facing a charge for a heavy vehicle-related offence can help avoid conviction. For a start, it is best to seek the advice of a legal practitioner who has a proper understanding of heavy vehicle-related laws.
If an individual is found guilty of a heavy vehicle offence, the offence will show up as a disclosable court outcome (DCO) on the results of a police background check.
Individuals can obtain a Nationally Coordinated Criminal History Check online via the Australian National Character Check - ANCC® website.
Heavy Vehicle National Law (NSW) - http://classic.austlii.edu.au/au/legis/nsw/consol_act/hvnl277/
NSW Government (Heavy Vehicle Offences) - https://www.nsw.gov.au/topics/demerits-penalties-and-offences/offences/heavy-vehicle-offences
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