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Transport Legislation Amendment Bill 2008

Transport Legislation Amendment Bill 2008-04-21

Part 8 - Amendment of Transport Operations (Road User management) Act 1995

Clause 52 Insertion of new s 57AB

(Red Italics added by Agmates)

Extended Liability Offense:

Influencing Person:
(a) in relation to a heavy vehicle means any or all of the following persons;

(i) the owner of the heavy vehicle, or if the heavy vehicle is a combination, the owner of the vehicle forming part of the combination;
(ii) the registered operator of the heavy vehicle, or if the heavy vehicle is a combination, the registered operator of the vehicle forming part of the combination;
(iii) A person, other than the Owner or registered operator, who controls or directly influences the operation of the heavy vehicle: and

Example-
the operator of the heavy vehicle

(b) For an offense against section 162D or relating to a contravention of a mass, or loading requirement involving a heavy vehicle including any or all of the following persons:

(i) The consignor of any goods in the heavy vehicle; (the farmer)
(ii) The packer of any goods in the heavy vehicle; (the farmer)
(iii) The loading manager of any goods in the heavy vehicle; (the farmer)
(iv) The loader of any goods in the heavy vehicle; and (the farmer)

(C) for an offence relating to the contravention of a maximum work requirement or a minimum rest requirement involving a heavy vehicle; including any or all of the following persons;

(i) The employer of the driver of the heavy vehicle;
(ii) A person who schedules the transport of any goods or passengers by the heavy vehicle; (the farmer)
(iii) A person who schedules the work and rest times of the driver of the heavy vehicle; (the farmer)
(iv) The consignor of any goods in the heavy vehicle; (the farmer)
(v) The consignee of any goods in the heavy vehicle; (the farmer)
(vi) The loading manager of any goods in the heavy vehicle; and (the farmer)

(D) for an offense relating to the contravention of a work and rest hours option requirement involving a heavy vehicle; including any or all of the following persons;

(i) the employer of the driver of the heavy vehicle;
(ii) A person who schedules the transport of any goods or passengers by the heavy vehicle;
(iii) A person who schedules the work and rest times of the driver of the heavy vehicle;

(E) an offense relating to the contravention of a work diary requirement involving a heavy vehicle; includes any or all of the following people;

(i) the employer of the driver of the heavy vehicle;
(ii) a person who schedules the transport of any goods or passengers by the heavy vehicle; (read farmer)
(iii) a person who schedules the work and rest times of a driver of a heavy vehicle; (read farmer)

Amendment of Section 57D (Reasonable Steps defense)
(1) Section 57D2 -
Omit

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