Enforcement of notices and permits - RTA - NSW Government

Copies of notices issued by RMS are available on
the RMS website at:
www.rta.nsw.gov./heavyvehicle/downloads/permit
notices/permit_notices_dl1.html?hvlid=permits
Breaching a condition of a
concession
The following information is a reminder to the
heavy vehicle transport industry about how
enforcement action is undertaken by authorised
officers. It is not discretionary, nor new, as the law
is definitive on this matter.
All permits and notices issued by RMS set mass,
dimension, load restraint and access limits for
specific combinations.
Heavy vehicle drivers and operators must comply
with the conditions set by the particular notice or
permit under which they are operating.
Section 78 of the Road Transport General Act
2005, provides that if an operator engages in
conduct that contravenes the condition of mass,
dimension, load restraint or access concession;
– The concession does not, while the
contravention continues, operate in the
persons favour;
and
– Accordingly the concession is to be
disregarded in determining whether there has
been a breach of mass, dimension, load
restraint or access requirement and in
determining the risk category to which a
breach belongs.
What does this mean?
This means that when breaches of operating
conditions specified in the special permit or
gazette notice are detected, the concession will
no longer apply.
Offences of mass, dimension and load restraint
have been placed into one of three risk based
categories: minor; substantial; and severe.
When calculating the risk category of an offence,
enforcement officers will assess the offence
against the statutory limit for the vehicle.
This may have serious consequences for the
operation of the combination. Dependent on the
category of breach detected, your vehicle may be
grounded and you will be directed to reduce the
mass/dimension of the load or rectify the load
restraint before you can continue your journey.
You do not have the benefit of a concession while
the breach of a condition of the notice or permit is
continuing.
Provided the permit or notice the vehicle is
operating under has not expired, you will be
permitted to continue to operate once the breach
has been rectified. This means, for example, that
you will only be required to reduce the
mass/dimension of the load to the concessional
limit provided in the notice or permit.
It is important to pre-plan your journey to ensure
your load is safe, complies with the law and the
concessions under which you are travelling. If in
doubt please check.
Chain of Responsibility
Under chain of responsibility laws, all parties in
the transport supply chain must take positive steps
to prevent a breach of the road transport mass,
dimension and load restraint laws.
More information
Customers seeking more information about heavy
vehicle mass and dimension limits and breach
categories (minor/substantial/severe) and chain of
responsibility are encouraged to read the following
fact sheets:
Mass- limits and break points.
www.rta.nsw.gov.au/heavyvehicles/downloads/200
6_01_ce_mass_web.pdf
Dimensions – breaches and break points
www.rta.nsw.gov.au/heavyvehicles/downloads/cor/
cor_dimensions-breaches-breakpoints_112011.pdf
Chain of Responsibility
www.rta.nsw.gov.au/heavyvehicles/downloads/hv_
ce_factsheets_dl1.html
For more information about operating under a
notice or permit on NSW roads please call:
132213
or go to our web site at:
www.rms.nsw.gov.au
ENFORCEMENT OF NOTICES AND PERMITS 2