South Australia
Heavy Vehicle National Law (South Australia) (Expiation Fees) Regulations 2013
under the Heavy Vehicle National Law (South Australia) Act 2013

Contents
1	Short title
2	Commencement
3	Interpretation
4	Prescribed offences and expiation fees
5	Increase of expiation fees for prescribed offences
Schedule 1—Offences, prescribed offences and expiation fees
Part 1—Offences against the local application provisions of the Act
Part 2—Prescribed offences against the Heavy Vehicle National Law (South Australia)
Division 1—Prescribed offences for purposes of section 591 of the Law
Division 2—Prescribed offences peculiar to South Australia
Part 3—Prescribed offences against the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (South Australia)
Legislative history

1—Short title
These regulations may be cited as the Heavy Vehicle National Law (South Australia) (Expiation Fees) Regulations 2013.
2—Commencement
These regulations will come into operation on the day on which Part 3 of the Heavy Vehicle National Law (South Australia) Act 2013 comes into operation.
3—Interpretation
	(1)	In these regulations, unless the contrary intention appears—
Act means the Heavy Vehicle National Law (South Australia) Act 2013;
Law means the Heavy Vehicle National Law (South Australia).
	(2)	Text set out in italic type in a column headed "Description of offence" in a table in Schedule 1 is a description for convenience purposes only and is not to be taken to define the offence for which a particular amount is fixed as the expiation fee.
4—Prescribed offences and expiation fees
	(1)	Pursuant to section 28(3)(f) of the Act, the expiation fees set out in a column headed "Fee" in the table in Part 1 of Schedule 1 are fixed for alleged offences against the local application provisions of the Act.
	(2)	Pursuant to section 28(3)(g) of the Act—
	(a)	an offence against a section of the Law referred to in a column headed "Section" in the table in Part 2 Division 1 of Schedule 1 is a prescribed offence for the purposes of section 591 of the Law; and
	(b)	an offence against a section of the Law referred to in a column headed "Section" in the table in Part 2 Division 2 of Schedule 1 is a prescribed offence for the purposes of section 591 of the Law that is peculiar to South Australia; and
	(c)	the expiation fees set out in a column headed "Fee" in a table in Part 2 of Schedule 1 are fixed for alleged prescribed offences against the Law.
	(3)	Pursuant to section 28(3)(g) of the Act—
	(a)	an offence against the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (South Australia) referred to in a column headed "Regulation" in the table in Part 3 of Schedule 1 is a prescribed offence for the purposes of section 591 of the Law; and
	(b)	the expiation fees set out in a column headed "Fee" in the table are fixed for alleged prescribed offences against those national regulations.
5—Increase of expiation fees for prescribed offences
	(1)	Section 737 of the Law provides that, at the start of 1 July of each year, beginning with 1 July 2014, the amount of each penalty for an offence will be increased, from the amount that applied immediately before that 1 July, in accordance with the method prescribed by the national regulations for the purposes of that section.
Note—
As soon as practicable but before 1 July of each year, the Regulator will publish on the Regulator's website the amounts of each penalty applying as from that date.
	(2)	The expiation fees for a prescribed offence against the Law for the first financial period are the fees set out in a table in Part 2 and Part 3 of Schedule 1.
	(3)	The amount of the expiation fees for the following financial year, and each subsequent financial year, for a prescribed offence against the Law is the adjusted amount for that financial year and will be the amount as shown and published on the Regulator's website.
	(4)	Subregulation (3) does not apply to expiation fees fixed for a prescribed offence against the Law peculiar to South Australia (see Part 2 Division 2 of Schedule 1).
Note—
Expiation fees fixed for prescribed offences peculiar to South Australia may be adjusted from time to time by variation of these regulations.
	(5)	In this regulation—
first financial period means the period 1 September 2013 until 30 June 2014;
following financial year means the financial year commencing on 1 July 2014.

Schedule 1—Offences, prescribed offences and expiation fees
Part 1—Offences against the local application provisions of the Act

Section	Description of offence	Fee	
19(2)	Failure to comply with a direction given under section 19(1)	$600	
21(1)	Sale or other disposal of a heavy vehicle in respect of which a vehicle defect notice is in force	$300	
Part 2—Prescribed offences against the Heavy Vehicle National Law (South Australia)
Division 1—Prescribed offences for purposes of section 591 of the Law

Section	Description of offence	Fee	
60(1)	Using, or permitting the use of, a heavy vehicle that contravenes a heavy vehicle standard—		
		(a)	if the heavy vehicle standard relates to a speed limiter	$600	
		(b)	in any other case	$300	
79(2)	Failure to comply with notice to return vehicle standards exemption (permit) to Regulator within specified period	$400	
81(1)	Contravening a condition of a vehicle standards exemption	$300	
81(2)	Using, or permitting the use of, a heavy vehicle that contravenes a condition of a vehicle standards exemption	$300	
81(3)	Using or permitting the use of a heavy vehicle in a way that contravenes a condition of a vehicle standards exemption	$300	
82(2)	Failure of driver to comply with condition under vehicle standards exemption (notice) to keep relevant document in driver's possession	$300	
82(3)	Offence for relevant party if driver commits an offence against section 82(2)	$300	
83(1)	Failure of driver to keep a copy of vehicle standards exemption (permit) in driver's possession	$300	
83(2)	Failure of driver to return copy of vehicle standards exemption (permit) to relevant party when driver stops working	$300	
83(3)	Offence for relevant party if driver commits an offence against section 83(1)	$300	
85(1)	Modifying a heavy vehicle without approval by approved vehicle examiner or Regulator	$300	
85(2)	Using or permitting the use of a heavy vehicle that has been modified without approval by approved vehicle examiner or Regulator	$300	
86(2)	Failure of approved vehicle examiner to give approved certificate and ensure plate or label is fitted or affixed to vehicle	$300	
89(1)	Using or permitting the use of an unsafe heavy vehicle	$600	
90(1)	Using or permitting the use of a heavy vehicle not fitted with emission control system for each relevant emission	$300	
90(2)	Using or permitting the use of emission control system that is not operating in accordance with manufacturer's design	$300	
90(3)	Using or permitting the use of an emission control system resulting in a failure to comply with heavy vehicle standard	$300	
92(2)	Using or permitting the use of a heavy vehicle displaying a warning sign where the sign is not required to be displayed	$300	
96(1)	Driving a heavy vehicle where vehicle or components do not comply with mass requirements—		
		(a)	for a minor risk breach	$400	
		(b)	for a substantial risk breach	$600	
102(1)(a)	Driving a heavy vehicle that does not comply with dimension requirements where vehicle does not have goods or passengers in it	$300	
102(1)(b)	Driving a heavy vehicle that does not comply with dimension requirements where vehicle has goods or passengers in it—		
		(a)	for a minor risk breach	$300	
		(b)	for a substantial risk breach	$500	
109(2)	Using or permitting the use of a heavy vehicle without fixing the required flag or light to back of the load	$300	
111(1)	Driving a heavy vehicle that does not comply, or whose load does not comply, with loading requirements—		
		(a)	for a minor risk breach	$300	
		(b)	for a substantial risk breach	$500	
129(1)	Driver or operator of heavy vehicle contravening a condition of a mass or dimension exemption	$600	
129(2)	Using or permitting the use of a heavy vehicle that contravenes a condition of a mass or dimension exemption	$600	
129(3)	Using or permitting the use of a heavy vehicle in a way that contravenes a condition of a mass or dimension exemption	$600	
130(2)	Failure of driver of pilot or escort vehicle to comply with conditions of a mass or dimension exemption	$600	
130(3)	Offence for operator of a heavy vehicle if driver of pilot or escort vehicle commits an offence against section 130(2)	$600	
131(1)	Failure of driver of a pilot vehicle to ensure that the accompanying heavy vehicle is not contravening a condition of exemption	$600	
132(2)	Failure of driver of class 1 or class 3 heavy vehicle to comply with condition under mass or dimension exemption (notice) to keep relevant document in driver's possession	$300	
132(3)	Offence for relevant party if driver of class 1 or class 3 heavy vehicle commits an offence against section 132(2)	$300	
133(1)	Failure of driver of a class 1 or class 3 heavy vehicle to keep a copy of a mass or dimension exemption (permit) in driver's possession	$300	
133(2)	Failure of driver of a class 1 or class 3 heavy vehicle to return copy of mass or dimension exemption (permit) to relevant party when driver stops working	$400	
133(3)	Offence for relevant party if driver of class 1 or class 3 heavy vehicle commits an offence against section 133(1)	$300	
134(1)	Displaying a heavy vehicle warning sign on a heavy vehicle not being used under a dimension exemption	$300	
134(2)	Displaying a pilot vehicle warning sign on a vehicle not being used as a pilot vehicle for a heavy vehicle being used under a dimension exemption	$300	
137	Using or permitting the use of a class 2 heavy vehicle other than in accordance with a class 2 heavy vehicle authorisation	$600	
150(1)	Driver or operator of a class 2 heavy vehicle contravening a condition of a class 2 heavy vehicle authorisation	$600	
151(2)	Failure of driver of a class 2 heavy vehicle to comply with a condition of a class 2 heavy vehicle authorisation (notice) to keep relevant document in driver's possession	$300	
151(3)	Offence for a relevant party if driver commits an offence against section 151(2)	$300	
152(1)	Failure of driver of a class 2 heavy vehicle to keep copy of class 2 heavy vehicle authorisation (permit) in driver's possession	$300	
152(2)	Failure of driver to return copy of class 2 heavy vehicle authorisation (permit) to relevant party	$400	
152(3)	Offence for relevant party if driver commits offence against section 152(1)	$300	
153(1)	Failure of driver to keep copy of the PBS vehicle approval in driver's possession	$300	
153(2)	Offence for relevant party if driver commits offence against section 153(1)	$300	
181(3)	Failure to comply with notice requiring return of permit for mass or dimension authority to Regulator within specified time	$400	
183(2)	Offence for an employer, a prime contractor or an operator if a relevant offence is committed by the driver of a heavy vehicle—		
		(a)	for a mass requirement—		
		(i)	for a minor risk breach	$400	
		(ii)	for a substantial risk breach	$600	
		(b)	for a dimension requirement—		
		(i)	if not carrying any goods or passengers	$300	
		(ii)	for a minor risk breach	$300	
		(iii)	for a substantial risk breach	$500	
		(c)	for a loading requirement—		
		(i)	for a minor risk breach	$300	
		(ii)	for a substantial risk breach	$500	
184(1)	Driving a heavy vehicle while towing more than 1 other vehicle other than as permitted by section 184(2)	$300	
185(1)	Using or permitting the use of a trailer not securely coupled to the vehicle in front of it in a heavy combination	$600	
185(2)	Using or permitting the use of incompatible or improperly connected components of a coupling in a heavy combination	$600	
190(1)	Responsible entity permitting the transport of a freight container without providing the operator or driver of the heavy vehicle with a complying container weight declaration	$600	
191(1)	Operator of a heavy vehicle permitting the driver of the vehicle to transport freight container without providing the driver with a complying container weight declaration	$600	
191(3)	Failure of operator of a heavy vehicle to provide complying container weight declaration or prescribed particulars to carrier	$600	
192(1)	Driving a heavy vehicle loaded with freight container without a complying container weight declaration for the container	$600	
192(2)	Failure of driver of a heavy vehicle to keep the complying container weight declaration in or about the vehicle and in a way readily available to an authorised officer	$300	
219(1)	Offence against section 219(1)—		
		(a)	driver of a heavy vehicle exceeding a speed limit of 50 km/h or 60 km/h	$300	
		(b)	driver of a heavy vehicle exceeding a speed limit of 70 km/h or 80 km/h—		
		(i)	by less than 15 km/h	$300	
		(ii)	by 15 km/h or more	$500	
		(c)	driver of a heavy vehicle other than a road train exceeding a speed limit of 90 km/h—		
		(i)	by less than 15 km/h	$300	
		(ii)	by 15 km/h or more	$500	
		(d)	driver of a road train exceeding a speed limit of 90 km/h by less than 15 km/h	$500	
		(e)	driver of a heavy vehicle exceeding speed limit of 100 km/h or more by less than 15 km/h	$500	
250(1)	Failure of solo driver of a fatigue‑regulated heavy vehicle to comply with standard hours—		
		(a)	for a minor risk breach	$400	
		(b)	for a substantial risk breach	$600	
251(1)	Failure of two‑up driver of a fatigue‑regulated heavy vehicle to comply with standard hours—		
		(a)	for a minor risk breach	$400	
		(b)	for a substantial risk breach	$600	
254(1)	Failure of solo driver of a fatigue‑regulated heavy vehicle to comply with BFM hours—		
		(a)	for a minor risk breach	$400	
		(b)	for a substantial risk breach	$600	
256(1)	Failure of two‑up driver of a fatigue‑regulated heavy vehicle to comply with BFM hours—		
		(a)	for a minor risk breach	$400	
		(b)	for a substantial risk breach	$600	
258(1)	Failure of driver of fatigue‑regulated heavy vehicle to comply with AFM hours—		
		(a)	for a minor risk breach	$400	
		(b)	for a substantial risk breach	$600	
260(1)	Failure of driver of fatigue‑regulated heavy vehicle to comply with exemption hours—		
		(a)	for a minor risk breach	$400	
		(b)	for a substantial risk breach	$600	
263(1)	Failure of driver of fatigue‑regulated heavy vehicle to comply with change of work and rest hours option requirements	$400	
284(2)	Failure to comply with notice to return work and rest hours exemption (permit) to Regulator within specified period	$600	
286(1)	Failure to comply with a condition of a work and rest hours exemption	$600	
287(2)	Failure of driver of fatigue‑regulated heavy vehicle operating under a work and rest hours exemption (notice) to keep a relevant document in driver's possession	$300	
287(3)	Offence for relevant party if driver commits an offence against section 287(2)	$300	
288(1)	Failure of driver of a fatigue‑regulated heavy vehicle to keep a copy of work and rest hours exemption (permit) in the driver's possession	$300	
288(2)	Failure of driver of a fatigue‑regulated heavy vehicle to return copy of work and rest hours exemption (permit) to relevant party in certain circumstances	$400	
288(3)	Offence for relevant party if driver of a fatigue‑regulated heavy vehicle commits an offence against section 288(1)	$300	
293(1)	Failure of driver of a fatigue‑regulated heavy vehicle to keep a work diary, record required information and keep the diary in the driver's possession	$600	
296(1)	Failure of driver to record required information in work diary in the manner and at the time prescribed by the national regulations	$150	
297(2)	Failure of driver to record required information immediately after starting work on a day	$300	
298(1)	Failure of driver of a fatigue‑regulated heavy vehicle to record the odometer reading as required by the national regulations	$150	
299	Failure of two‑up driver to provide details prescribed by the national regulations as requested by the other driver	$300	
301	Failure of driver to comply with requirements for recording information in written work diary	$150	
302	Failure of driver to comply with requirements for recording information in electronic work diary	$150	
303	Failure of driver to record time in work diary according to the time zone of driver's base location	$150	
305(1)	Failure of driver of fatigue‑regulated heavy vehicle to record required information in supplementary record	$600	
305(2)	Failure to comply with requirements for recording information in supplementary record not in electronic form	$300	
305(3)	Failure of driver to record time in supplementary record according to the time zone of driver's base location	$150	
306	Failure of driver of fatigue‑regulated heavy vehicle to notify the Regulator within 2 business days in the approved form when a written work diary has been filled up, destroyed, lost or stolen	$300	
307(2)	Failure of driver to notify the Regulator within 2 business days in the approved form when an electronic work diary has been filled up, destroyed, lost or stolen or is not in working order	$300	
308(1)	Failure of driver to comply with the requirements when an old work diary is found or returned	$300	
309(2)	Failure to inform the driver's record keeper within 2 business days of becoming aware of a matter specified in section 309(1)	$600	
310(2)	Failure to inform the driver's record keeper within 2 business days of becoming aware of matters specified in section 310(1)	$600	
319(1)	Failure of record keeper to comply with requirements specified in section 319(1)	$600	
321(1)	Failure of record keeper to comply with requirements specified in section 321(1)	$600	
321(2)	Failure of record keeper to record information required if driver is operating under BFM or AFM hours	$600	
322(2)	Failure of driver to give copy of work diary entry or supplementary record to each record keeper within 21 days	$300	
323(2)	Failure of driver to give new record keeper a copy of information recorded in a work diary relating to the 28 day period before the change to the new record keeper	$300	
341(1)	Failure of record keeper to keep records required under Division 3 for 3 years after specified day	$600	
341(2)	Failure of record keeper to keep records required under Division 9 or Division 10 for specified period	$600	
341(3)	Failure of record keeper to ensure record (or copy) is readily available to an authorised officer at the record location	$300	
341(4)	Failure of driver who is his or her own record keeper to ensure record (or copy) is readily available to an authorised officer at the record location	$300	
354(3)	Failure of holder of an electronic recording system approval to comply with a direction of the Regulator	$600	
354(5)	Failure of a person to whom a notice has been given of amended conditions of an electronic recording system approval to give a copy of the notice to each person supplied by that person with an electronic recording system or a device forming part of the system	$600	
355(2)	Failure of holder of approval to remove electronic work diary label relating to approval from electronic recording system	$600	
355(4)	Failure of holder of an approval to comply with a direction of the Regulator	$600	
355(6)	Failure of a person to whom a notice has been given that approval has been cancelled to give a notice containing the information set out in paragraphs (a) and (b) of section 355(6) to each person supplied by that person with an electronic recording system or a device forming part of the system	$600	
373(2)	Failure to comply with notice requiring return of work diary exemption (permit) to Regulator	$600	
375	Contravention of a condition of a work diary exemption	$600	
376(2)	Failure of driver of a fatigue‑regulated heavy vehicle to comply with a condition under a work diary exemption (notice) to keep relevant document in driver's possession	$300	
376(3)	Offence for relevant party if driver of a fatigue‑regulated heavy vehicle commits an offence against section 376(2)	$300	
377	Failure of a driver of a fatigue‑regulated heavy vehicle to keep a copy of work diary exemption (permit) in the driver's possession	$300	
392(2)	Failure to comply with notice requiring return of fatigue record keeping exemption (permit) to Regulator	$600	
395	Contravention of a condition of a fatigue record keeping exemption	$600	
396(2)	Failure of owner of a fatigue‑regulated heavy vehicle to maintain odometer in accordance with requirements prescribed by the national regulations	$600	
399(2)	Driving or permitting a person to drive a fatigue‑regulated heavy vehicle without complying with section 398	$600	
467	Failure of holder of BFM or AFM accreditation to comply with accreditation conditions	$600	
468(1)	Failure of a driver of a heavy vehicle operating under heavy vehicle accreditation to keep certain documents in driver's possession	$300	
468(3)	Offence for operator if driver of a heavy vehicle commits an offence against section 468(1)	$300	
469(2)	Failure of driver operating under a heavy vehicle accreditation to return document to operator as soon as reasonably practicable	$400	
470(3)	Failure of operator to inform driver operating under AFM accreditation of the AFM hours applying under the accreditation	$600	
470(8)	Failure of operator to comply with a requirement under section 470(7)	$300	
471(2)	Failure of operator to give notice to driver or scheduler of amendment, suspension or cessation of heavy vehicle accreditation	$600	
471(3)	Failure of driver to return to the operator any document relevant to the notice given to the driver by the operator for the purposes of section 468(1)	$400	
476(2)	Failure to return accreditation certificate to Regulator within specified period	$600	
488	Failure to return identity card to Regulator within specified period	$300	
513(4)	Failure to comply with a direction given under section 513(1)	$600	
514(3)	Failure to comply with a direction given under section 514(1)	$600	
516(3)	Failure to comply with a direction given under section 516(1)	$600	
517(4)	Failure to comply with a direction given under section 517(2)	$600	
522(5)	Failure to produce a heavy vehicle for inspection at the place and time stated in the notice	$600	
524(5)	Failure to comply with a direction given under section 524(2) or (3)	$600	
526(4)	Failure of driver of a heavy vehicle who is not the operator of the vehicle to give defect notice to operator	$300	
528(3)	Removing or defacing a defective vehicle label attached to a heavy vehicle	$300	
529	Using or permitting the use of a heavy vehicle in contravention of a vehicle defect notice	$300	
533(7)	Failure to comply with a direction given under section 533	$1 000	
534(5)	Failure to comply with a direction given under section 534	$1 000	
567(4)	Failure to comply with a requirement made under section 567(2) or (3)	$300	
568(3)	Failure to comply with a requirement made under section 568(2)	An amount equal to 10% of the amount of the maximum penalty for an offence of failing to keep the document, device or other thing in the driver's possession	
568(7)	Failure to comply with a requirement given under section 568(6)	$300	
569(2)	Failure to comply with a requirement made under section 569(1)	$600	
569(7)	Failure to comply with a requirement made under section 569(6)	$300	
Division 2—Prescribed offences peculiar to South Australia

Section	Description of offence	Fee	
183(2)	Offence for a consignor, packer, loading manager or loader if a relevant offence is committed by the driver of a heavy vehicle—		
		(a)	for a mass requirement—		
		(i)	for a minor risk breach	$400	
		(ii)	for a substantial risk breach	$600	
		(b)	for a dimension requirement—		
		(i)	for a minor risk breach	$300	
		(ii)	for a substantial risk breach	$500	
		(c)	for a loading requirement—		
		(i)	for a minor risk breach	$300	
		(ii)	for a substantial risk breach	$500	
261(2)	Offence for an employer, a prime contractor, an operator, a scheduler, a consignor or consignee, a loading manager, a loader or an unloader if relevant offence committed by the driver of a fatigue‑regulated heavy vehicle—		
		(a)	for a minor risk breach	$400	
		(b)	for a substantial risk breach	$600	
322(4)	Failure of record keeper to ensure driver complies with section 322(2)	$300	
577(4)	Failure to comply with a requirement made under section 577(1) or (2)	$1 000	
Part 3—Prescribed offences against the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (South Australia)

Section	Description of offence	Fee	
11(1)	Failure to maintain relevant accreditation label on CML heavy vehicle in way required by section 11(2), (3) and (4)	$300	
16(2)	Using or permitting the use of HML heavy vehicle under higher mass limits in an area or on a route to which the HML declaration applies where vehicle is neither equipped for monitoring by an approved intelligent transport system nor covered by an intelligent access agreement	$300	
28	Driver or operator of HML heavy vehicle contravening a condition of HML permit	$300	
34(2)	Failure to comply with a notice to return HML permit	$400	
36(2)	Failure to maintain relevant accreditation label on HML heavy vehicle in way required by section 36(3) and (5)	$300	

Legislative history
Notes
	•	Variations of this version that are uncommenced are not incorporated into the text.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Principal regulations and variations
New entries appear in bold.
Year	No	Reference	Commencement	
2013	296	Gazette 19.12.2013 p5016	10.2.2014: r 2	
2014	181	Gazette 19.6.2014 p2785	1.7.2014: r 2