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Version No. 003

Heavy Vehicle National Law Application (Infringements) Regulations 2013

S.R. No. 152/2013

Version incorporating amendments as at21 July 2017

TABLE OF PROVISIONSRegulation Page

1 Objective 12 Authorising provision 13 Commencement 14 Definitions 15 Prescribed offences 2

Schedule 3

═══════════════

Endnotes 16

1 General information 16

2 Table of Amendments 18

3 Amendments Not in Operation 19

4 Explanatory details 20

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Version No. 003

Heavy Vehicle National Law Application (Infringements) Regulations 2013

S.R. No. 152/2013

Version incorporating amendments as at21 July 2017

1 Objective

The objective of these Regulations is to prescribe offences to be infringement offences under the Heavy Vehicle National Law (Victoria).

2 Authorising provision

These Regulations are made under section 54 of the Heavy Vehicle National Law Application Act 2013.

3 Commencement

These Regulations come into operation on the day on which section 4 of the Heavy Vehicle National Law Application Act 2013 comes into operation.

4 Definitions

In these Regulations—

the FM Regulation means the Heavy Vehicle (Fatigue Management) National Regulation;Note

The FM Regulation is a national regulation made by the Queensland Governor in accordance with section 730 of the Heavy Vehicle National Law (Victoria) and published on the NSW legislation website in accordance with section 733 of the Heavy Vehicle National Law (Victoria).

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Reg. 4 (Heading) substituted by S.R. No. 75/2017 reg. 5(1).

Reg. 4 def. of the FM Regulation inserted by S.R. No. 75/2017 reg. 5(2).

the MDL Regulation means the Heavy Vehicle (Mass, Dimension and Loading) National Regulation;Note

The MDL Regulation is a national regulation made by the Queensland Governor in accordance with section 730 of the Heavy Vehicle National Law (Victoria) and published on the NSW legislation website in accordance with section 733 of the Heavy Vehicle National Law (Victoria).

the National Law means the Heavy Vehicle National Law (Victoria).

5 Prescribed offences

For the purposes of section 591 of the National Law, an offence specified in column 2 of the Schedule is a prescribed offence.

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ScheduleRegulation 5

Infringements—Prescribed offences

Part 1—Offences under the Heavy Vehicle National Law (Victoria)

Column 1Item No.

Column 2Prescribed infringement offence

1 An offence against section 60(1) of the National Law constituted by conduct other than that described in paragraph (b) of the maximum penalty.

2 An offence against section 60(1) of the National Law constituted by conduct described in paragraph (b) of the maximum penalty.

3 An offence against section 79(2) of the National Law.












14A An offence against section 87A(1) of the National Law.




Sch. Pt 1 amended by S.R. Nos 25/2016 reg. 3, 75/2017 reg. 6(1)(2).

Heavy Vehicle National Law Application (Infringements) Regulations 2013S.R. No. 152/2013

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Column 1Item No.




20 An offence against section 96(1) of the National Law constituted by a minor risk breach.

21 An offence against section 96(1) of the National Law constituted by a substantial risk breach.

22 An offence against section 102(1)(a) of the National Law.

23 An offence against section 102(1)(b) of the National Law constituted by a minor risk breach.

24 An offence against section 102(1)(b) of the National Law constituted by a substantial risk breach.


26 An offence against section 109(2)(b) of the National Law.

27 An offence against section 111(1) of the National Law constituted by a minor risk breach.

28 An offence against section 111(1) of the National Law constituted by a substantial risk breach.







35 An offence against section 131(1)(b) of the National Law.

36 An offence against section 131(1)(c) of the National Law.







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Column 1Item No.




44 An offence against section 137 of the National Law.











54 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(a) of the National Law, where the relevant offence is a minor risk breach under section 96(1) of the National Law.

55 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(b) of the National Law, where the relevant offence is a minor risk breach under section 96(1) of the National Law.

56 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(c) of the National Law, where the relevant offence is a minor risk breach under section 96(1) of the National Law.

57 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(a) of the National Law, where the relevant offence is a substantial risk breach under section 96(1) of the National Law.

58 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(b) of the National Law, where the relevant offence is a substantial risk breach under section 96(1) of the National Law.


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Column 1Item No.


59 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(c) of the National Law, where the relevant offence is a substantial risk breach under section 96(1) of the National Law.

60 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(a) of the National Law, where the relevant offence is a breach under section 102(1)(a) of the National Law.

61 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(b) of the National Law, where the relevant offence is a breach under section 102(1)(a) of the National Law.

62 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(c) of the National Law, where the relevant offence is a breach under section 102(1)(a) of the National Law.

63 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(a) of the National Law, where the relevant offence is a minor risk breach under section 102(1)(b) of the National Law.

64 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(b) of the National Law, where the relevant offence is a minor risk breach under section 102(1)(b) of the National Law.

65 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(c) of the National Law, where the relevant offence is a minor risk breach under section 102(1)(b) of the National Law.

66 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(a) of the National Law, where the relevant offence is a substantial risk breach under section 102(1)(b) of the National Law.

67 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(b) of the National Law, where the relevant offence is a substantial risk breach under section 102(1)(b) of the National Law.


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Column 1Item No.


68 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(c) of the National Law, where the relevant offence is a substantial risk breach under section 102(1)(b) of the National Law.

69 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(a) of the National Law, where the relevant offence is a minor risk breach under section 111(1) of the National Law.

70 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(b) of the National Law, where the relevant offence is a minor risk breach under section 111(1) of the National Law.

71 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(c) of the National Law, where the relevant offence is a minor risk breach under section 111(1) of the National Law.

72 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(a) of the National Law, where the relevant offence is a substantial risk breach under section 111(1) of the National Law.

73 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(b) of the National Law, where the relevant offence is a substantial risk breach under section 111(1) of the National Law.

74 An offence against section 183(2) of the National Law by a person referred to in section 183(2)(c) of the National Law, where the relevant offence is a substantial risk breach under section 111(1) of the National Law.










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Column 1Item No.


83 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(a) of the National Law constituted by conduct described in paragraph (a) of the maximum penalty.

84 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(a) of the National Law constituted by conduct described in paragraph (b)(i) of the maximum penalty.

85 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(a) of the National Law constituted by conduct described in paragraph (b)(ii) of the maximum penalty.

86 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(a) of the National Law constituted by conduct described in paragraph (c)(i) of the maximum penalty.

87 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(a) of the National Law constituted by conduct described in paragraph (c)(ii) of the maximum penalty.

88 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(a) of the National Law constituted by conduct described in paragraph (d)(i) of the maximum penalty.

89 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(a) of the National Law constituted by conduct described in paragraph (e)(i) of the maximum penalty.

90 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(b) of the National Law constituted by conduct described in paragraph (a) of the maximum penalty.

91 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(b) of the National Law constituted by conduct described in paragraph (b)(i) of the maximum penalty.


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Column 1Item No.


92 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(b) of the National Law constituted by conduct described in paragraph (b)(ii) of the maximum penalty.

93 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(b) of the National Law constituted by conduct described in paragraph (c)(i) of the maximum penalty.

94 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(b) of the National Law constituted by conduct described in paragraph (c)(ii) of the maximum penalty.

95 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(b) of the National Law constituted by conduct described in paragraph (d)(i) of the maximum penalty.

96 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(b) of the National Law constituted by conduct described in paragraph (e)(i) of the maximum penalty.

97 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(c) of the National Law constituted by conduct described in paragraph (a) of the maximum penalty.

98 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(c) of the National Law constituted by conduct described in paragraph (b)(i) of the maximum penalty.

99 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(c) of the National Law constituted by conduct described in paragraph (b)(ii) of the maximum penalty.

100 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(c) of the National Law constituted by conduct described in paragraph (c)(i) of the maximum penalty.


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Column 1Item No.


101 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(c) of the National Law constituted by conduct described in paragraph (c)(ii) of the maximum penalty.

102 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(c) of the National Law constituted by conduct described in paragraph (d)(i) of the maximum penalty.

103 An offence against section 219(1) of the National Law by a person referred to in section 219(1)(c) of the National Law constituted by conduct described in paragraph (e)(i) of the maximum penalty.

104 An offence against section 250(1)(a) of the National Law that is a minor risk breach.

105 An offence against section 250(1)(b) of the National Law that is a minor risk breach.

106 An offence against section 250(1)(a) of the National Law that is a substantial risk breach.

107 An offence against section 250(1)(b) of the National Law that is a substantial risk breach.










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Column 1Item No.
























11

Column 1Item No.














148A An offence against section 307(3) of the National Law.
















12

Column 1Item No.

















174A An offence against section 466(2A) of the National Law.

174B An offence against section 466(2B) of the National Law.













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Column 1Item No.









193 An offence against section 529 of the National Law in respect of a vehicle defect notice that is a minor defect notice.

194 An offence against section 529 of the National Law in respect of a vehicle defect notice that is a major defect notice.


194B An offence against section 531A(4) of the National Law.

194C An offence against section 531A(5) of the National Law.









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Part 2Offences under the Heavy Vehicle (Mass, Dimension and Loading) National

RegulationColumn 1Item No.


* * * * *203 An offence against section 16(2) of the MDL Regulation.

204 An offence against section 28 of the MDL Regulation.

205 An offence against section 34(2) of the MDL Regulation.

* * * * *

Part 3—Offences under the Heavy Vehicle (Fatigue Management) National RegulationColumn 1Item No.


207 An offence against section 18A(1) of the FM Regulation.

═══════════════

Sch. Pt 2 amended by S.R. No. 75/2017 reg. 6(3)(4).

Sch. Pt 3 inserted by S.R. No. 75/2017 reg. 6(5).


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Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

The Heavy Vehicle National Law Application (Infringements) Regulations 2013, S.R. No. 152/2013 were made on 3 December 2013 by the Governor in Council under section 54 of the Heavy Vehicle National Law Application Act 2013, No. 30/2013 and came into operation on 10 February 2014: regulation 3.

The Heavy Vehicle National Law Application (Infringements) Regulations 2013 will sunset 10 years after the day of making on 3 December 2023 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A)(2B).


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http://www.legislation.vic.gov.au/

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after 1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after 1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).


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2 Table of AmendmentsThis publication incorporates amendments made to the Heavy Vehicle National Law Application (Infringements) Regulations 2013 by statutory rules, subordinate instruments and Acts.–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Heavy Vehicle National Law Application (Infringements) Amendment Regulations 2016, S.R. No. 25/2016

Date of Making: 12.4.16Date of Commencement: 12.4.16

Heavy Vehicle National Law Application (Infringements) Amendment Regulations 2017, S.R. No. 75/2017

Date of Making: 11.7.17Date of Commencement: 21.7.17: reg. 3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––


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3 Amendments Not in OperationThere are no amendments which were Not in Operation at the date of this publication.


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4 Explanatory detailsPenalties

These Regulations are made under section 54 of the Heavy Vehicle National Law Application Act 2013 to prescribe offences that are to be infringement offences in Victoria for the purposes of section 591 of the Heavy Vehicle National Law (Victoria).

In terms of the penalties for each offence listed in these Regulations, it was agreed by the Standing Council on Transport and Infrastructure on 25 February 2013 that it is 10% of the maximum penalty for the offence.

This penalty for the infringement offences is stated in section 25 of the Heavy Vehicle National Law Application Act 2013.

Section 737 of the Heavy Vehicle National Law (Victoria) sets out the method for increasing a penalty amount each 1 July. The new penalties that apply to an offence under the Heavy Vehicle National Law (Victoria) will be published under section 737(4) on the Regulator's website.

Since section 25 of the Heavy Vehicle National Law Application Act 2013 provides that the infringement penalty is always 10% of the maximum penalty for the offence, amended regulations are not required to set the applicable infringement penalty as this is by force of the National Law.


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