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
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.
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 the table in Part 2 Division 1 of Schedule 1 are the penalties fixed in accordance with section 737 of the Law for the alleged prescribed offences against the Law shown in the table and are included for convenience purposes only; and
Note—
See https://www.nhvr.gov.au/law-policies/penalties for the Regulator's list of penalties and see regulation 5.
	(d)	the expiation fees set out in a column headed "Fee" in the table in Part 2 Division 2 of Schedule 1 are fixed for alleged prescribed offences against the Law that are peculiar to South Australia.
	(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 in Part 3 of Schedule 1 are the penalties fixed in accordance with section 737 of the Law for alleged prescribed offences against those national regulations and are included for convenience purposes only.
Note—
See https://www.nhvr.gov.au/law-policies/penalties for the Regulator's list of penalties and see regulation 5.
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—see https://www.nhvr.gov.au/law-policies/penalties.
	(3)	The amount of the expiation fees for the financial year commencing 1 July 2014, 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.

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)	$615	
21(1)	Sale or other disposal of a heavy vehicle in respect of which a vehicle defect notice is in force	$307	
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	$615	
		(b)	in any other case	$307	
79(2)	Failure to comply with notice to return vehicle standards exemption (permit) to Regulator within specified period	$410	
81(1)	Contravening a condition of a vehicle standards exemption	$307	
81(2)	Using, or permitting the use of, a heavy vehicle that contravenes a condition of a vehicle standards exemption	$307	
81(3)	Using or permitting the use of a heavy vehicle in a way that contravenes a condition of a vehicle standards exemption	$307	
82(2)	Failure of driver to comply with condition under vehicle standards exemption (notice) to keep relevant document in driver's possession	$307	
82(3)	Offence for relevant party if driver commits an offence against section 82(2)	$307	
83(1)	Failure of driver to keep a copy of vehicle standards exemption (permit) in driver's possession	$307	
83(2)	Failure of driver to return copy of vehicle standards exemption (permit) to relevant party when driver stops working	$307	
83(3)	Offence for relevant party if driver commits an offence against section 83(1)	$307	
85(1)	Modifying a heavy vehicle without approval by approved vehicle examiner or Regulator	$307	
85(2)	Using or permitting the use of a heavy vehicle that has been modified without approval by approved vehicle examiner or Regulator	$307	
86(2)	Failure of approved vehicle examiner to give approved certificate and ensure plate or label is fitted or affixed to vehicle	$307	
89(1)	Using or permitting the use of an unsafe heavy vehicle	$615	
90(1)	Using or permitting the use of a heavy vehicle not fitted with emission control system for each relevant emission	$307	
90(2)	Using or permitting the use of emission control system that is not operating in accordance with manufacturer's design	$307	
90(3)	Using or permitting the use of an emission control system resulting in a failure to comply with heavy vehicle standard	$307	
92(2)	Using or permitting the use of a heavy vehicle displaying a warning sign where the sign is not required to be displayed	$307	
96(1)	Driving a heavy vehicle where vehicle or components do not comply with mass requirements—		
		(a)	for a minor risk breach	$410	
		(b)	for a substantial risk breach	$615	
102(1)(a)	Driving a heavy vehicle that does not comply with dimension requirements where vehicle does not have goods or passengers in it	$307	
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	$307	
		(b)	for a substantial risk breach	$512	
109(2)	Using or permitting the use of a heavy vehicle without fixing the required flag or light to back of the load	$307	
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	$307	
		(b)	for a substantial risk breach	$512	
129(1)	Driver or operator of heavy vehicle contravening a condition of a mass or dimension exemption	$615	
129(2)	Using or permitting the use of a heavy vehicle that contravenes a condition of a mass or dimension exemption	$615	
129(3)	Using or permitting the use of a heavy vehicle in a way that contravenes a condition of a mass or dimension exemption	$615	
130(2)	Failure of driver of pilot or escort vehicle to comply with conditions of a mass or dimension exemption	$615	
130(3)	Offence for operator of a heavy vehicle if driver of pilot or escort vehicle commits an offence against section 130(2)	$615	
131(1)	Failure of driver of a pilot vehicle to ensure that the accompanying heavy vehicle is not contravening a condition of exemption	$615	
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	$307	
132(3)	Offence for relevant party if driver of class 1 or class 3 heavy vehicle commits an offence against section 132(2)	$307	
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	$307	
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	$410	
133(3)	Offence for relevant party if driver of class 1 or class 3 heavy vehicle commits an offence against section 133(1)	$307	
134(1)	Displaying a heavy vehicle warning sign on a heavy vehicle not being used under a dimension exemption	$307	
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	$307	
137	Using or permitting the use of a class 2 heavy vehicle other than in accordance with a class 2 heavy vehicle authorisation	$615	
150(1)	Driver or operator of a class 2 heavy vehicle contravening a condition of a class 2 heavy vehicle authorisation	$615	
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	$307	
151(3)	Offence for a relevant party if driver commits an offence against section 151(2)	$307	
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	$307	
152(2)	Failure of driver to return copy of class 2 heavy vehicle authorisation (permit) to relevant party	$410	
152(3)	Offence for relevant party if driver commits offence against section 152(1)	$307	
153(1)	Failure of driver to keep copy of the PBS vehicle approval in driver's possession	$307	
153(2)	Offence for relevant party if driver commits offence against section 153(1)	$307	
181(3)	Failure to comply with notice requiring return of permit for mass or dimension authority to Regulator within specified time	$410	
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	$410	
		(ii)	for a substantial risk breach	$615	
		(b)	for a dimension requirement—		
		(i)	if not carrying any goods or passengers	$307	
		(ii)	for a minor risk breach	$307	
		(iii)	for a substantial risk breach	$512	
		(c)	for a loading requirement—		
		(i)	for a minor risk breach	$307	
		(ii)	for a substantial risk breach	$512	
184(1)	Driving a heavy vehicle while towing more than 1 other vehicle other than as permitted by section 184(2)	$307	
185(1)	Using or permitting the use of a trailer not securely coupled to the vehicle in front of it in a heavy combination	$615	
185(2)	Using or permitting the use of incompatible or improperly connected components of a coupling in a heavy combination	$615	
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	$615	
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	$615	
191(3)	Failure of operator of a heavy vehicle to provide complying container weight declaration or prescribed particulars to carrier	$615	
192(1)	Driving a heavy vehicle loaded with freight container without a complying container weight declaration for the container	$615	
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	$307	
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	$307	
		(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	$307	
		(ii)	by 15 km/h or more	$512	
		(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	$307	
		(ii)	by 15 km/h or more	$512	
		(d)	driver of a road train exceeding a speed limit of 90 km/h by less than 15 km/h	$512	
		(e)	driver of a heavy vehicle exceeding speed limit of 100 km/h or more by less than 15 km/h	$512	
250(1)	Failure of solo driver of a fatigue‑regulated heavy vehicle to comply with standard hours—		
		(a)	for a minor risk breach	$410	
		(b)	for a substantial risk breach	$615	
251(1)	Failure of two‑up driver of a fatigue‑regulated heavy vehicle to comply with standard hours—		
		(a)	for a minor risk breach	$410	
		(b)	for a substantial risk breach	$615	
254(1)	Failure of solo driver of a fatigue‑regulated heavy vehicle to comply with BFM hours—		
		(a)	for a minor risk breach	$410	
		(b)	for a substantial risk breach	$615	
256(1)	Failure of two‑up driver of a fatigue‑regulated heavy vehicle to comply with BFM hours—		
		(a)	for a minor risk breach	$410	
		(b)	for a substantial risk breach	$615	
258(1)	Failure of driver of fatigue‑regulated heavy vehicle to comply with AFM hours—		
		(a)	for a minor risk breach	$410	
		(b)	for a substantial risk breach	$615	
260(1)	Failure of driver of fatigue‑regulated heavy vehicle to comply with exemption hours—		
		(a)	for a minor risk breach	$410	
		(b)	for a substantial risk breach	$615	
263(1)	Failure of driver of fatigue‑regulated heavy vehicle to comply with change of work and rest hours option requirements	$410	
284(2)	Failure to comply with notice to return work and rest hours exemption (permit) to Regulator within specified period	$615	
286(1)	Failure to comply with a condition of a work and rest hours exemption	$615	
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	$307	
287(3)	Offence for relevant party if driver commits an offence against section 287(2)	$307	
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	$307	
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	$410	
288(3)	Offence for relevant party if driver of a fatigue‑regulated heavy vehicle commits an offence against section 288(1)	$307	
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	$615	
296(1)	Failure of driver to record required information in work diary in the manner and at the time prescribed by the national regulations	$154	
297(2)	Failure of driver to record required information immediately after starting work on a day	$307	
298(1)	Failure of driver of a fatigue‑regulated heavy vehicle to record the odometer reading as required by the national regulations	$154	
299	Failure of two‑up driver to provide details prescribed by the national regulations as requested by the other driver	$307	
301	Failure of driver to comply with requirements for recording information in written work diary	$154	
302	Failure of driver to comply with requirements for recording information in electronic work diary	$154	
303	Failure of driver to record time in work diary according to the time zone of driver's base location	$154	
305(1)	Failure of driver of fatigue‑regulated heavy vehicle to record required information in supplementary record	$615	
305(2)	Failure to comply with requirements for recording information in supplementary record not in electronic form	$307	
305(3)	Failure of driver to record time in supplementary record according to the time zone of driver's base location	$154	
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	$307	
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	$307	
308(1)	Failure of driver to comply with the requirements when an old work diary is found or returned	$307	
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)	$615	
310(2)	Failure to inform the driver's record keeper within 2 business days of becoming aware of matters specified in section 310(1)	$615	
319(1)	Failure of record keeper to comply with requirements specified in section 319(1)	$615	
321(1)	Failure of record keeper to comply with requirements specified in section 321(1)	$615	
321(2)	Failure of record keeper to record information required if driver is operating under BFM or AFM hours	$615	
322(2)	Failure of driver to give copy of work diary entry or supplementary record to each record keeper within 21 days	$307	
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	$307	
341(1)	Failure of record keeper to keep records required under Division 3 for 3 years after specified day	$615	
341(2)	Failure of record keeper to keep records required under Division 9 or Division 10 for specified period	$615	
341(3)	Failure of record keeper to ensure record (or copy) is readily available to an authorised officer at the record location	$307	
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	$307	
354(3)	Failure of holder of an electronic recording system approval to comply with a direction of the Regulator	$615	
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	$615	
355(2)	Failure of holder of approval to remove electronic work diary label relating to approval from electronic recording system	$615	
355(4)	Failure of holder of an approval to comply with a direction of the Regulator	$615	
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	$615	
373(2)	Failure to comply with notice requiring return of work diary exemption (permit) to Regulator	$615	
375	Contravention of a condition of a work diary exemption	$615	
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	$307	
376(3)	Offence for relevant party if driver of a fatigue‑regulated heavy vehicle commits an offence against section 376(2)	$307	
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	$307	
392(2)	Failure to comply with notice requiring return of fatigue record keeping exemption (permit) to Regulator	$615	
395	Contravention of a condition of a fatigue record keeping exemption	$615	
396(2)	Failure of owner of a fatigue‑regulated heavy vehicle to maintain odometer in accordance with requirements prescribed by the national regulations	$615	
399(2)	Driving or permitting a person to drive a fatigue‑regulated heavy vehicle without complying with section 398	$615	
467	Failure of holder of BFM or AFM accreditation to comply with accreditation conditions	$615	
468(1)	Failure of a driver of a heavy vehicle operating under heavy vehicle accreditation to keep certain documents in driver's possession	$307	
468(3)	Offence for operator if driver of a heavy vehicle commits an offence against section 468(1)	$307	
469(2)	Failure of driver operating under a heavy vehicle accreditation to return document to operator as soon as reasonably practicable	$410	
470(3)	Failure of operator to inform driver operating under AFM accreditation of the AFM hours applying under the accreditation	$615	
470(8)	Failure of operator to comply with a requirement under section 470(7)	$307	
471(2)	Failure of operator to give notice to driver or scheduler of amendment, suspension or cessation of heavy vehicle accreditation	$615	
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)	$410	
476(2)	Failure to return accreditation certificate to Regulator within specified period	$615	
488	Failure to return identity card to Regulator within specified period	$307	
513(4)	Failure to comply with a direction given under section 513(1)	$615	
514(3)	Failure to comply with a direction given under section 514(1)	$615	
516(3)	Failure to comply with a direction given under section 516(1)	$615	
517(4)	Failure to comply with a direction given under section 517(2)	$615	
522(5)	Failure to produce a heavy vehicle for inspection at the place and time stated in the notice	$615	
524(5)	Failure to comply with a direction given under section 524(2) or (3)	$615	
526(4)	Failure of driver of a heavy vehicle who is not the operator of the vehicle to give defect notice to operator	$307	
528(3)	Removing or defacing a defective vehicle label attached to a heavy vehicle	$307	
529	Using or permitting the use of a heavy vehicle in contravention of a vehicle defect notice	$307	
533(7)	Failure to comply with a direction given under section 533	$1 024	
534(5)	Failure to comply with a direction given under section 534	$1 024	
567(4)	Failure to comply with a requirement made under section 567(2) or (3)	$307	
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)	$307	
569(2)	Failure to comply with a requirement made under section 569(1)	$615	
569(7)	Failure to comply with a requirement made under section 569(6)	$307	
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	$410	
		(ii)	for a substantial risk breach	$615	
		(b)	for a dimension requirement—		
		(i)	for a minor risk breach	$307	
		(ii)	for a substantial risk breach	$512	
		(c)	for a loading requirement—		
		(i)	for a minor risk breach	$307	
		(ii)	for a substantial risk breach	$512	
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	$410	
		(b)	for a substantial risk breach	$615	
322(4)	Failure of record keeper to ensure driver complies with section 322(2)	$307	
577(4)	Failure to comply with a requirement made under section 577(1) or (2)	$1 024	
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)	$307	
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	$307	
28	Driver or operator of HML heavy vehicle contravening a condition of HML permit	$307	
34(2)	Failure to comply with a notice to return HML permit	$410	
36(2)	Failure to maintain relevant accreditation label on HML heavy vehicle in way required by section 36(3) and (5)	$307	

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	
2015	164	Gazette 18.6.2015 p2845	1.7.2015: r 2	
Provisions varied
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
r 2	omitted under Legislation Revision and Publication Act 2002	1.7.2014	
r 4			
r 4(2)	varied by 181/2014 r 4(1)	1.7.2014	
r 4(3)	varied by 181/2014 r 4(2)	1.7.2014	
r 5			
r 5(1)	varied by 181/2014 r 5(1)	1.7.2014	
r 5(2)	deleted by 181/2014 r 5(2)	1.7.2014	
r 5(3)	varied by 181/2014 r 5(3)	1.7.2014	
r 5(5)	deleted by 181/2014 r 5(4)	1.7.2014	
Sch 1	substituted by 181/2014 r 6	1.7.2014