84ADriving of motor vehicles carrying placard loads in tunnels#

  1. (1)A person must not drive a motor vehicle carrying a placard load in a tunnel that has a sign (a placard load prohibited sign) complying with subsection (2) at or before the entrance to the tunnel.

Maximum penalty—

  • (a) if the contravention results in harm to a person, property or the environment—200 penalty units or 1 year’s imprisonment; or
  • (b) otherwise—100 penalty units.
  1. (2)The placard load prohibited sign must—
  2. (a)indicate that transporting a placard load in the tunnel is prohibited; and
  3. (b)be clearly visible to a person entering the tunnel.
  4. (3)In the absence of proof to the contrary—
  5. (a)a motor vehicle is proved to be carrying a placard load if there is evidence of a placard, or a thing purporting to be a placard, placed on the vehicle or on a thing carried by the vehicle; and
  6. (b)a placard load prohibited sign at or before the entrance to a tunnel is taken to be clearly visible to a person entering the tunnel; and
  7. (c)a motor vehicle is proved to have been driven in a tunnel if there is evidence, in the form of an image or video made by a photographic detection device, of—
  8. (i)the motor vehicle facing the tunnel on the entry road for the tunnel; or
  9. (ii)the motor vehicle facing away from the tunnel on the exit road from the tunnel.
  10. (4)For subsection (3)(a), it is immaterial whether an image or video of a motor vehicle showing a placard or a thing purporting to be a placard—
  11. (a)is in colour or black and white; or
  12. (b)shows the dimensions of the placard or the thing purporting to be a placard.
  13. (5)Also, for a proceeding for an offence against subsection (1), evidence, in the form of an image or video made by a photographic detection device, of a trailer at a place is taken to be evidence of a motor vehicle including the trailer at the place.
  14. (6)In this section—
entry road, to a tunnel
means the part of a road leading into the tunnel after the last exit from the road before the tunnel.
exit road, from a tunnel
means the part of a road leading out of the tunnel before the first exit from the road after the tunnel.
explosive
see the Explosives Act 1999, schedule 2.
placard
means a placard required under this Act or another Act, or by a condition of a licence or other authority granted under an Act, to be used in transporting dangerous goods, explosives or radioactive substances.
placard load
means a load of dangerous goods, explosives or radioactive substances that may be transported by a motor vehicle only if a placard about the load is placed on the vehicle or on a thing carried by the vehicle.
place, on a motor vehicle or on a thing carried by a motor vehicle
includes attach to, or stencil or print on, the vehicle or the thing.
radioactive substance
see the Radiation Safety Act 1999, schedule 2.
Source: TORUM Act 1995 · pages 229–231 Open PDF at this page Search this document