New South Wales Consolidated Acts

ROAD TRANSPORT ACT 2013 - SECT 145

145 Offences involving death, injury or damage resulting from unsafe loads

(cf STM Act, s 58)

(1) A person is guilty of an offence if--

(a) the person knows, or ought reasonably to know, that a motor vehicle or trailer is loaded unsafely, and

(b) the person drives or causes or permits the motor vehicle or trailer to be driven or to stand on a road, and

(c) death or personal injury to a person, or damage to property (other than the motor vehicle, trailer or load), occurs while the motor vehicle or trailer is being so driven or stood because it is loaded unsafely.

: Maximum penalty--50 penalty units or imprisonment for 12 months or both (in the case of an individual) or 100 penalty units (in the case of a corporation).

(2) The responsible person for a motor vehicle or trailer is guilty of an offence if--

(a) the motor vehicle or trailer is loaded unsafely and is driven or stood on a road, and

(b) the person knows, or ought reasonably to know, that the motor vehicle or trailer is loaded unsafely, and

(c) death or personal injury to a person, or damage to property (other than the motor vehicle, trailer or load), occurs while the motor vehicle or trailer is being so driven or stood because it is loaded unsafely.

: Maximum penalty--50 penalty units or imprisonment for 12 months or both (in the case of an individual) or 100 penalty units (in the case of a corporation).

(3) A person is guilty of an offence if--

(a) the person is a director of, or a person concerned in the management of, a corporation that is the responsible person for a motor vehicle or trailer that is loaded unsafely and is driven or stood on a road, and

(b) the person knows, or ought reasonably to know, that the motor vehicle or trailer is loaded unsafely, and

(c) death or personal injury to a person, or damage to property (other than the motor vehicle, trailer or load), occurs while the motor vehicle or trailer is being so driven or stood because it is loaded unsafely.

: Maximum penalty--50 penalty units or imprisonment for 12 months or both (in the case of an individual) or 100 penalty units (in the case of a corporation).

(4) It is a defence to a prosecution for an offence against this section if the defendant proves to the court's satisfaction that the defendant was not in a position to prevent the motor vehicle or trailer from being driven or stood on a road while loaded unsafely.

(5) For the purposes of this section, a motor vehicle or trailer is
"loaded unsafely" if--

(a) a load on the motor vehicle or trailer is placed in a way that makes the motor vehicle or trailer unstable or unsafe, or

(b) a load on the motor vehicle or trailer is not secured in such a way that it is unlikely to fall or be dislodged from the motor vehicle or trailer, or

(c) an appropriate method is not used to secure a load on the motor vehicle or trailer.

(6) In proceedings for an offence against this section, it is sufficient to prove that a motor vehicle or trailer was loaded unsafely if the prosecution proves that the load on the vehicle or trailer was not placed, secured or restrained in a way that met the performance standards recommended in the following documents published by the National Transport Commission as in force from time to time--

(a) in respect of heavy vehicles--the Load Restraint Guide 2018 ,

(b) in respect of light vehicles--the Load Restraint Guide for Light Vehicles 2018 .

(7) In this section--

"motor vehicle" includes a combination consisting of a motor vehicle connected to one or more vehicles.