Victorian Current Acts

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Rectification of minor risk breaches

    (1)     This section applies if the inspector believes on reasonable grounds that a vehicle is the subject of a minor risk breach of a mass, dimension or load restraint limit or requirement, and that the vehicle is not the subject of any substantial or severe risk breach of such a limit or requirement.

    (2)     The inspector may—

S. 162(2)(a) repealed by No. 30/2013 s. 60(Sch. item 8.22).

    *     *     *     *     *

        (b)     if the vehicle is in transit and the breach can be easily rectified on the spot, direct the driver of the vehicle to rectify the breach before continuing his or her journey; or

        (c)     if the vehicle is in transit and the breach cannot easily be rectified on the spot, but having regard to all the relevant circumstances the inspector considers it appropriate to do so, authorise the driver of the vehicle to continue his or her journey subject to any conditions imposed by the inspector; or

        (d)     in any other case, direct the driver of the vehicle to move the vehicle to a place specified by the inspector and to keep the vehicle at that place until the breach has been rectified.

    (3)     With respect to subsection (2)(d), the inspector may only specify a place—

        (a)     that the inspector believes, on reasonable grounds, is a place where it will be possible to rectify the breach; and

        (b)     that is within a 30 kilometre radius of the place where the vehicle is stopped.

    (4)     Despite subsection (3)(b), if there is no suitable place within a 30 kilometre radius, the inspector must specify the first suitable place that is on the proposed forward route of the journey that was being undertaken at the time the breach was detected.

S. 163 inserted by No. 110/2004 s. 41.

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