Document ID: chunk:federal_register_of_legislation:F2016C00708:clause:2_95
Version: federal_register_of_legislation:F2016C00708
Segment Type: clause
Provision Reference: sch 2 cl 95
Character Range: 162564–163266

95  Liability of driver
 (1) A person commits an offence if:
 (a) a breach of a mass, dimension or load restraint requirement occurs; and
 (b) the person is the driver of the vehicle or combination concerned.
 (2) The offence is an offence of absolute liability.
 (3) If the breach concerned is a minor risk breach, the person charged has the benefit of the reasonable steps defence for an offence under this section.
 (4) If the breach concerned is a substantial risk breach or a severe risk breach, the person charged has the benefit of the reasonable steps defence for an offence under this section, but only so far as it relates to reliance on the weight stated in a container weight declaration.