Heavy Vehicle Mass and Loading Offences SA: Overloading, Oversize and Load Restraint

Mass, dimension and loading offences in South Australia

An overloading, oversize or load restraint charge can reach the driver, the operator and anyone who permitted the vehicle onto the road. Talon Legal defends heavy vehicle mass and loading offences across South Australia, from a minor risk infringement to a severe risk breach headed for court. Every hour matters: book a same-day free 30-minute consultation or call (08) 7094 2021 now.


Mass, dimension and loading snapshot

IssuePosition in South Australia
Governing lawChapter 4 of the Heavy Vehicle National Law, applied in South Australia by the Heavy Vehicle National Law (South Australia) Act 2013 (SA), with the limits themselves set by the national regulations.
Who is liableA person who drives a heavy vehicle, or permits another person to drive it, must make sure the vehicle, its components and its load comply, unless the person has a reasonable excuse (sections 96, 102 and 111).
Mass categoriesMinor, substantial or severe. A severe risk breach starts at 120 per cent of the maximum mass permitted (sections 97 and 100).
Dimension categoriesA severe risk breach starts at 600 mm over length, 80 mm over width, 300 mm over height or 80 mm over the permitted load projection; a substantial breach at 350, 40, 150 and 40 mm (section 104).
Loading categoriesSet by whether the load was lost or shifted, and whether that involved an appreciable safety risk or risk to road infrastructure or public amenity (sections 112 to 114).
Penalty rangeFrom a $423 infringement for a minor loading breach to $14,120 for a severe breach, plus up to $28,230 more for a severe mass breach.
Formal warningNot available for a substantial or severe mass, dimension or loading breach (section 590(3)(a)).
Other ordersOn a severe risk breach the court may cancel or suspend the registration of a vehicle of which the offender is the registered operator (section 598), and may order compensation for damage to road infrastructure (section 611).
Time limit to prosecuteWithin 2 years after the offence, or within 1 year after it comes to the complainant's knowledge but within 3 years after the offence (section 707A).
First stepSame-day free 30-minute consultation. Call (08) 7094 2021.

Charged with a mass, dimension or loading offence in South Australia?

Heavy vehicle mass and loading offences in South Australia are prosecuted under Chapter 4 of the Heavy Vehicle National Law (the Law). The Law grades every breach of a mass, dimension or loading requirement by risk, and the grade sets the penalty, the infringement option and whether a warning is possible. This page states the Law as it stands after the amendments of 1 August 2026.

This guide is part of our heavy vehicle offences practice. Related guides cover fatigue and work diary offences, chain of responsibility, heavy vehicle speeding and truck driver licence appeals.

Free Consultation. Talk to a lawyer before you pay an infringement notice or accept the category alleged. Book a same-day free 30-minute consultation or call (08) 7094 2021.

All reviews
Google
Google
Trustindex
Trustindex
True Local
True Local
Word of mouth
Word of mouth
5.0Trustindex star 1Trustindex star 2Trustindex star 3Trustindex star 4Trustindex star 5
5.0Trustindex star 1Trustindex star 2Trustindex star 3Trustindex star 4Trustindex star 5
Top Rated Licence Appeal Lawyers
Verified by Trustindex
Top Rated Licence Appeal Lawyers
  • 5.0 Excellent rating Last 12 months
  • New reviews collected regularly Recent review activity detected
  • Leading Licence Appeal Lawyers Google Maps rating and review data
  • Verified by Trustindex Based on real customer reviews Learn more
5.0Google star 1Google star 2Google star 3Google star 4Google star 5
5.0Google star 1Google star 2Google star 3Google star 4Google star 5
Top Rated Licence Appeal Lawyers
Verified by Trustindex
Top Rated Licence Appeal Lawyers
  • 5.0 Excellent rating Last 12 months
  • New reviews collected regularly Recent review activity detected
  • Leading Licence Appeal Lawyers Google Maps rating and review data
  • Verified by Trustindex Based on real customer reviews Learn more
5.0Trustindex star 1Trustindex star 2Trustindex star 3Trustindex star 4Trustindex star 5
5.0Trustindex star 1Trustindex star 2Trustindex star 3Trustindex star 4Trustindex star 5
Top Rated Licence Appeal Lawyers
Verified by Trustindex
Top Rated Licence Appeal Lawyers
  • 5.0 Excellent rating Last 12 months
  • New reviews collected regularly Recent review activity detected
  • Leading Licence Appeal Lawyers Google Maps rating and review data
  • Verified by Trustindex Based on real customer reviews Learn more
5.0Truelocal star 1Truelocal star 2Truelocal star 3Truelocal star 4Truelocal star 5
5.0Truelocal star 1Truelocal star 2Truelocal star 3Truelocal star 4Truelocal star 5
Top Rated Licence Appeal Lawyers
Verified by Trustindex
Top Rated Licence Appeal Lawyers
  • 5.0 Excellent rating Last 12 months
  • New reviews collected regularly Recent review activity detected
  • Leading Licence Appeal Lawyers Google Maps rating and review data
  • Verified by Trustindex Based on real customer reviews Learn more
5.0Wordofmouth star 1Wordofmouth star 2Wordofmouth star 3Wordofmouth star 4Wordofmouth star 5
5.0Wordofmouth star 1Wordofmouth star 2Wordofmouth star 3Wordofmouth star 4Wordofmouth star 5
Top Rated Licence Appeal Lawyers
Verified by Trustindex
Top Rated Licence Appeal Lawyers
  • 5.0 Excellent rating Last 12 months
  • New reviews collected regularly Recent review activity detected
  • Leading Licence Appeal Lawyers Google Maps rating and review data
  • Verified by Trustindex Based on real customer reviews Learn more
Posted on Google Google
Angela Carter
12 October 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Was a scary experience, uut thenks to your expertise, i got the best possible outcome.
Posted on Trustindex Trustindex
S Google
24 September 2026
Trustindex star 1Trustindex star 2Trustindex star 3Trustindex star 4Trustindex star 5Trustindex verifies that the original source of the review is Trustindex.
Exceeds expectations Dan went above and beyond our expectations to deliver professional, highly detailed and very well thought out information. He included extra documents just to help us out and this was much appreciated.
Posted on Google Google
S Google
24 September 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Dan went above and beyond our expectations to deliver professional, highly detailed and very well thought out information. He included extra documents just to help us out and this was much appreciated.
Posted on Trustindex Trustindex
Samin Adit
1 September 2026
Trustindex star 1Trustindex star 2Trustindex star 3Trustindex star 4Trustindex star 5Trustindex verifies that the original source of the review is Trustindex.
Dan was extremely helpful and he was very patient and through and took time explaining me all the process and next step. And he carried a great sense of humor while he spoke and honestly that made it so easy to understand when I was already stressed out.
Posted on Google Google
Calvin Munatswa
24 August 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I’m extremely happy with the service I received from Dan. He was professional, responsive, knowledgeable and genuinely committed to achieving the best possible outcome. I really appreciate the hard work, guidance and support throughout the process. Thank you for doing such a great job. I would highly recommend your services to anyone looking for a reliable and dedicated lawyer.
Posted on Google Google
Marcelle Ayoubi
4 August 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Highly recommend Dan! He was prompt, reliable and efficient, with excellent communication throughout the entire process. His knowledge and professionalism gave me confidence, and he achieved a good outcome. Dan took a lot of the stress out of what could have been an overwhelming experience. Thank you, Dan, for all your support and assistance!
Posted on Google Google
Neb Trivic
24 July 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Very knowledgable, helpfull and got the best outcome hoped for.
Posted on Google Google
Anton Simdyankin
21 July 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Timely quote, responses and overall great experience. 100% Recommend
Posted on Google Google
Tania Stubberfield
16 July 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I highly recommend Talon Legal and especially Daniel Esmaili. During our initial conversation for a driving offence, Dan was incredibly honest and told me that I didn't really need legal representation. He was completely down-to-earth and non-judgmental, reassuring me that people make poor choices sometimes. I felt more at ease and I chose to hire him anyway to avoid the anxiety of a court appearance, and it was the best decision I could have made. He took care of everything from start to finish, appearing in court on my behalf so I didn't have to attend at all. He explained everything clearly without using confusing legal jargon. He was also incredibly thoughtful and personal, asking how my birthday trip away went with family. Thanks to Dan, we got a fantastic outcome with a significantly reduced suspension time and a minimal fine. Dan even went above and beyond by telling me to contact him before I start driving again to double-check that my suspension is fully completed and my licence paperwork is processed correctly. On top of the amazing result, the fees were surprisingly affordable without compromising on performance and integrity. If you want an empathetic, honest, affordable and highly capable lawyer, then Dan's your man. Thankyou again Daniel Esmaili at Talon Legal.
Posted on Google Google
Bill P
30 June 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
We recently engaged Dan Esmaili from Talon Legal to assist our family with a motor vehicle road rule expiation and related court matter. From the very beginning, Dan was professional, clear, and extremely supportive. He took the time to explain the process in a way we could understand, kept us informed throughout, and handled the matter with care and confidence. Most importantly, Dan achieved a successful outcome for our family, which we are very grateful for. We sincerely appreciate his guidance, responsiveness, and dedication. We would highly recommend Dan Esmaili and Talon Legal to anyone needing strong legal support and professional representation.
Posted on Google Google
Sara Gleeson
16 June 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I cannot recommend Dan Esmaili (Talon Legal) highly enough. I was extremely worried about the impact a legal problem could have on my future. From the beginning, he was professional, knowledgeable, and supportive. He took the time to explain the legal process, answered all of my questions, and worked tirelessly on my case. Thanks to his expertise and advocacy, I received a result without a conviction being recorded. This outcome has made an enormous difference to my life, and I am incredibly grateful for his dedication and hard work. If you need a lawyer who genuinely cares about their clients and achieves outstanding results, I would not hesitate to recommend Dan.
Posted on Google Google
Matthew Greenwood
16 June 2026
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Thanks Dan for your legal help . You got the best possible outcome , thanks again . Matt
Posted on True Local True Local
Hussar1522
29 October 2025
Truelocal star 1Truelocal star 2Truelocal star 3Truelocal star 4Truelocal star 5Trustindex verifies that the original source of the review is True Local.
One of the best lawyers in Adelaide My life was being ruined because of a court case that was not true, then it became worse when I have driving charge for driving disqualification and careless driving with an accident that I did not cause. This affect my business and the lawyers protected my business and my life and reputation. They make the charges go away and I get no conviction or criminal record, and do my business contracts terms and conditions perfectly. If you want lawyers that can help you many ways I suggest you go to Talon Legal. I think one of the best law firms in Adelaide for business and criminal and traffic.
Posted on True Local True Local
Oldpicker64
17 August 2025
Truelocal star 1Truelocal star 2Truelocal star 3Truelocal star 4Truelocal star 5Trustindex verifies that the original source of the review is True Local.
Saved me from jail for disqualified driving I can’t thank talon legal enough for what they did to help when I had magistrates court in port adelaide and Elizabeth, lost my licence because I was sick before and had to drive in emergency to help family but police didn’t care. Talon legal helped me with disqualified driving charges in court and saved me from going back to jail this was the one time I liked working with a lawyer. Recommend talon legal for any legal problem.
Posted on True Local True Local
J420
2 August 2025
Truelocal star 1Truelocal star 2Truelocal star 3Truelocal star 4Truelocal star 5Trustindex verifies that the original source of the review is True Local.
Best criminal lawyers! I hired talon legal to fight a criminal case for me and they got the charge dropped. Daniel was amazing in handling my case. He actually cared about my case and me as a person. I felt really supported and I am glad I got talon legal for my court case. Best criminal lawyers in Adelaide that I spoke to.
Posted on Trustindex Trustindex
James Aveno
2 August 2025
Trustindex star 1Trustindex star 2Trustindex star 3Trustindex star 4Trustindex star 5Trustindex verifies that the original source of the review is Trustindex.
Excellent business and startup lawyers Talon Legal was incredible to work with and delivered outstanding value for money and expertise. I went into my initial meeting expecting to receive some basic information instead I was blown away by their depth of knowledge across multiple domains. I was in the process of founding a startup business in Adelaide, and explained my goal of expanding interstate and eventually internationally. The lawyer I spoke to was across contracts, terms and conditions, intellectual property protection and licensing, brand consolidation, risk minimisation and business structures and compliant advertising. I was really impressed however by their use of ingenious tools that aren’t really the domain of lawyers at least from what I’ve seen before. Daniel in particular was a bit of wizard. He walked me through how something called OSINT could be used for brand consolidation and was very transparent about the use of some of their document automation tools, and this reflected in the speed and value they provided. I really felt like I finally am able to work with a law firm that can help me with every stage of my business and was genuinely curious about what what I wanted to achieve. Even after the services were provided, Talon Legal was proactive in checking in with me to ensure my business was prospering. I have sent my friends and other entrepreneurs to them and every single one was very happy.
Posted on Word of mouth Word of mouth
James A
2 August 2025
Wordofmouth star 1Wordofmouth star 2Wordofmouth star 3Wordofmouth star 4Wordofmouth star 5Trustindex verifies that the original source of the review is Word of mouth.
Excellent commercial and business lawyers! Talon Legal was incredible to work with and delivered outstanding value for money and expertise. I went into my initial meeting expecting to receive some basic information instead I was blown away by their depth of knowledge across multiple domains. I was in the process of founding a startup business in Adelaide, and explained my goal of expanding interstate and eventually internationally. The lawyer I spoke to was across contracts, terms and conditions, intellectual property protection and licensing, brand consolidation, risk minimisation and business structures and compliant advertising. I was really impressed however by their use of ingenious tools that aren’t really the domain of lawyers at least from what I’ve seen before. Daniel in particular was a bit of wizard. He walked me through how something called OSINT could be used for brand consolidation and was very transparent about the use of some of their document automation tools, and this reflected in the speed and value they provided. I really felt like I finally am able to work with a law firm that can help me with every stage of my business and was genuinely curious about what what I wanted to achieve. Even after the services were provided, Talon Legal was proactive in checking in with me to ensure my business was prospering. I have sent my friends and other entrepreneurs to them and every single one was very happy. Approximate cost: $4500
Posted on Trustindex Trustindex
DP123
12 July 2025
Trustindex star 1Trustindex star 2Trustindex star 3Trustindex star 4Trustindex star 5Trustindex verifies that the original source of the review is Trustindex.
Clear advice in a very stressful time I was in a very stressful situation and Talon Legal fixed my problem - now my stress is gone! Very professional, excellent communication, accessible and fast. Thank you for everything.
Posted on True Local True Local
Slavi77
12 July 2025
Truelocal star 1Truelocal star 2Truelocal star 3Truelocal star 4Truelocal star 5Trustindex verifies that the original source of the review is True Local.
They won my hardship appeal Was about to lose my licence and Talon Legal got it back. Made a promise and kept it. This is what a lawyer should be like. Helped me with my driving disqualification and other driving offences. Very prepared and explaining things very good so I could understand them easily.
Posted on True Local True Local
Emir
2 July 2025
Truelocal star 1Truelocal star 2Truelocal star 3Truelocal star 4Truelocal star 5Trustindex verifies that the original source of the review is True Local.
Very good criminal lawyer They were honest and did what they said they would do and told me what to expect it was like following a map and I felt safe because I know what to expect very happy with the experience Talon. If I need lawyer again I will come back.
Posted on Trustindex Trustindex
Samsun
28 June 2025
Trustindex star 1Trustindex star 2Trustindex star 3Trustindex star 4Trustindex star 5Trustindex verifies that the original source of the review is Trustindex.
Got the best result for me Easy to deal with and spoke to me in normal English, explained everything really good to me, didn’t go over agreed budget to help with my case and communicated all the time with me, never kept me waiting and very responsive to my questions, had direct access to my lawyer anytime I needed. Got very good result for my case for drinking and driving, disqualified driving, demerit points and provisional driver licence condition
Posted on True Local True Local
Rogue33
26 June 2025
Truelocal star 1Truelocal star 2Truelocal star 3Truelocal star 4Truelocal star 5Trustindex verifies that the original source of the review is True Local.
Very good experience best money ever spent on a lawyer Professional, friendly and fixed fee service. I had some charges in court in Adelaide and Talon Legal completely picked apart the case against me. Charges were removed and I got my licence back too. Cant recommend them strongly enough. Really easy to work with and friendly. Thanks for wining my licence appeal and getting the drink driving charges removed.
Posted on True Local True Local
Riggo7
24 June 2025
Truelocal star 1Truelocal star 2Truelocal star 3Truelocal star 4Truelocal star 5Trustindex verifies that the original source of the review is True Local.
Saved my drivers license Can’t thank the team enough at Talon Legal for helping me keep my drivers license. They were very knowledgeable and took the time to explain everything to me every step of the way. If it wasn’t for their excellent representation in court I would have lost my license. They left no stone unturned. Highly recommend.
Posted on Word of mouth Word of mouth
Karen R.
24 June 2025
Wordofmouth star 1Wordofmouth star 2Wordofmouth star 3Wordofmouth star 4Wordofmouth star 5Trustindex verifies that the original source of the review is Word of mouth.
Best lawyers for traffic offences in adelaide Really appreciate Talon Legal’s help to keep my license, thank you so much to the team. Professional, responsive and compassionate service from everyone at the office and excellent outcome. Would definitely recommend. Approximate cost: $2800
Posted on Word of mouth Word of mouth
Les A.
23 June 2025
Wordofmouth star 1Wordofmouth star 2Wordofmouth star 3Wordofmouth star 4Wordofmouth star 5Trustindex verifies that the original source of the review is Word of mouth.
Excellent traffic lawyers I owe them my life and job words are not enough to say how thankful i am for the help they gave me when i was going to lose the driver licence in magistrates court because of drink driving and drug driving. Approximate cost: $3000
Posted on True Local True Local
Jordan
22 June 2025
Truelocal star 1Truelocal star 2Truelocal star 3Truelocal star 4Truelocal star 5Trustindex verifies that the original source of the review is True Local.
Best Lawyers! Absolutely first-class service from Talon Legal. I had a complicated traffic matter and wasn’t sure where to turn. From the first phone call, they were professional, understanding, and gave me clear advice without the legal jargon. On the day of court, they were calm and prepared and the result spoke for itself. I’m so grateful for their help and wouldn’t hesitate to recommend them to anyone needing help with a traffic offence.
Posted on Word of mouth Word of mouth
S A.
17 June 2025
Wordofmouth star 1Wordofmouth star 2Wordofmouth star 3Wordofmouth star 4Wordofmouth star 5Trustindex verifies that the original source of the review is Word of mouth.
Brilliant traffic lawyers in adelaide Helped me get my licence back in the magistrates court after I applied for a licence appeal because I breached my provisional conditions. Made it straightforward and helped me stay calm. Treated me like a normal person and was very compassionate. You saved my job legends Approximate cost: $1800
Posted on True Local True Local
SA
16 June 2025
Truelocal star 1Truelocal star 2Truelocal star 3Truelocal star 4Truelocal star 5Trustindex verifies that the original source of the review is True Local.
Successful drivers licence appeal! Made the process really easy for me to understand and helped me appeal my licence in the magistrates after it was disqualified for breaching a licence condition. Thank you legends, I would have been stuffed if I lost my licence without you guns!
Posted on True Local True Local
TK
5 April 2025
Truelocal star 1Truelocal star 2Truelocal star 3Truelocal star 4Truelocal star 5Trustindex verifies that the original source of the review is True Local.
Best traffic lawyers in Adelaide I came across talon legal when I was looking for a law firm in Adelaide to represent me for traffic offences while visiting from overseas. They were very professional, fast, friendly and down to earth. Dan handled my mater and got me a very good outcome at a fixed cost.

Who can be charged with a mass, dimension or loading offence?

Heavy vehicle mass and loading offences, and dimension offences, are each framed as a duty on a person who drives a heavy vehicle on a road, or permits another person to drive it. That person must make sure the vehicle, the vehicle’s components and its load comply with the requirements that apply to the vehicle, unless the person has a reasonable excuse (section 96 for mass, section 102 for dimension and section 111 for loading). A heavy vehicle is one with a gross vehicle mass or aggregate trailer mass over 4.5 tonnes (section 6).

The wider chain can be liable too. Loaders, packers, consignors, loading managers and schedulers are parties in the chain of responsibility (section 5), each with the primary duty in section 26C to make sure, so far as is reasonably practicable, of the safety of their transport activities. An overloaded or badly restrained load often leads to questions about who loaded it and on whose instructions. Our chain of responsibility guide covers those duties.


How do mass offences work?

A mass offence is a failure to make sure the vehicle complies with the mass requirements that apply to it (section 96(1)). The category depends on how far over the limit the vehicle was. A breach is severe if the mass is 120 per cent or more of the maximum mass permitted under the requirement, rounded up to the nearest 0.1 tonne (sections 97 and 100). Below that it is substantial or minor, depending on whether it reaches the substantial risk breach lower limit in section 97 (sections 98 and 99).

The severe category has an extra penalty. On top of the maximum for a severe breach, the court can impose an additional amount for every further 1 per cent over a 120 per cent overload, capped (section 96(1)(c)). For 1 August 2026 to 30 June 2027 that is $710 for each further 1 per cent, up to an extra $28,230.

A vehicle with a performance based standards approval is treated differently. Where its approval authorises a higher mass limit than would otherwise apply, the authorised limit is the applicable limit, and the vehicle complies if it stays within it (section 96(4)).


How do dimension offences work?

A dimension offence is a failure to make sure the vehicle, its components and its load comply with the dimension requirements that apply (section 102(1)). The duty covers the load as well as the vehicle. Section 104 sets the bands that decide the category:

DimensionSubstantial risk breach starts atSevere risk breach starts at
Length350 mm over the maximum600 mm over the maximum
Width40 mm over the maximum80 mm over the maximum
Height150 mm over the maximum300 mm over the maximum
Load projection40 mm over the maximum80 mm over the maximum

A breach below the substantial band is minor, and a breach of a ground clearance requirement is always minor (section 105). Some breaches are severe for other reasons set out in section 107. A load that projects in a way that is dangerous to people or property is taken to contravene a dimension requirement even if every dimension and warning requirement is met (section 108).

The penalty for a dimension offence also depends on whether the vehicle had goods or passengers in it. Without them the maximum is a single amount; with them the maximum rises with the category (section 102(1)). The base amounts rose on 1 August 2026, from $3,000, $5,000 and $10,000 to $4,000, $6,000 and $10,000.


How do loading and load restraint offences work?

A loading offence is a failure to make sure the vehicle, its components and its load comply with the loading requirements, which include how the load is placed, secured and restrained (section 111(1)). The category turns on what happened to the load rather than a measurement:

CategoryWhen it applies
Minor risk breachNo loss or shifting of the load, and a loss or shift would not have been likely to involve an appreciable safety risk or appreciable risk to road infrastructure or public amenity (section 112)
Substantial risk breachA loss or shifting of the load that did not involve an appreciable safety risk or those other appreciable risks (section 113)
Severe risk breachA loss or shifting of the load that involved an appreciable safety risk, or an appreciable risk of damage to road infrastructure or of an adverse effect on public amenity (section 114)

Proof does not always need an incident. Evidence that the load was not placed, secured or restrained in a way that met a loading performance standard is evidence of a contravention (section 115). That makes the restraint method, the equipment used and any guidance relied on central to the defence.


What about exemptions and permits?

Some vehicles cannot comply with the standard limits by their nature. A class 1 heavy vehicle is one that does not comply with a prescribed mass or dimension requirement and is, for example, a special purpose vehicle, an agricultural vehicle, or a vehicle carrying a large indivisible item (section 116). The Regulator may exempt a category of class 1 or class 3 heavy vehicles from a prescribed mass or dimension requirement by notice in the Commonwealth Gazette for up to 5 years (section 117).

An exemption protects only what it covers. In Busbridge v Police the driver relied on a code of practice for agricultural machinery as his exemption ([9]). The Supreme Court accepted that the code still operated, by force of a transitional provision ([31]), but held that it did not cover tyres that could be separated from the machine without great difficulty, expense or risk of damage ([72], [73]). The tyres had to be carried within the 2.5 metre width limit, and loading them side by side beyond it was a breach ([74], [80]). The appeal against conviction for a severe risk breach was dismissed ([11], [100]).

Breaching the conditions of an exemption is itself an offence. The Regulator’s schedule lists contravening a condition of a mass or dimension exemption (section 129) at $8,480, and failing to keep the relevant document while driving under a mass or dimension exemption notice (section 132(2)) at $4,230.


What are the penalties?

Heavy vehicle mass and loading offences carry the amounts below, which are the Regulator’s published maximums for 1 August 2026 to 30 June 2027, indexed under section 737. This page is current to 24 October 2026. Infringement amounts are one tenth of the court maximum, and the Regulator’s schedule lists none for severe breaches of these requirements.

OffenceMinorSubstantialSevere
Mass, section 96(1)$5,630 (infringement $563)$8,480 (infringement $848)$14,120 plus $710 for each further 1 per cent over 120 per cent, the extra capped at $28,230
Dimension, section 102(1), with goods or passengers$5,630 (infringement $563)$8,480 (infringement $848)$14,120
Dimension, section 102(1), without goods or passengers$5,630 (infringement $563) for any category
Loading, section 111(1)$4,230 (infringement $423)$7,060 (infringement $706)$14,120
Contravening a condition of a mass or dimension exemption, section 129$8,480 (infringement $848)

These are maximums, not going rates. The amounts are for an individual: because these provisions state only one maximum, a body corporate can be fined up to five times that amount (section 596). Mass, dimension and loading offences carry no demerit points under Schedule 4 of the Motor Vehicles Regulations 2025 (SA), which lists the heavy vehicle offences that do.


What else can the court do?

The court must weigh what the category means. Section 594 requires it to consider, in setting the penalty, that a minor breach involves an appreciable risk of accelerated road wear or unfair commercial advantage, that a substantial breach involves risks such as damage to road infrastructure or congestion, and that a severe breach involves risks such as harm to public safety or the environment. Evidence about those matters is not required (section 594(5)).

A court can also move the category down. If it is satisfied there was a contravention but not that it reached the substantial or severe category alleged, it may treat it as a lower category (section 595). Measurement evidence, rounding and the limit applied therefore matter.

Further orders are available. On a conviction for a severe risk breach the court may cancel or suspend the registration of a heavy vehicle of which the offender is the registered operator, and disqualify the offender from applying for its registration (section 598). It may order compensation to a road manager for damage to road infrastructure caused by the offence (section 611), and a commercial benefits penalty order of up to three times the gross commercial benefit (section 597).

Before court, an authorised officer cannot give a formal warning for a substantial or severe mass, dimension or loading breach (section 590(3)(a)). An enforceable undertaking can be accepted for these offences (section 590A).


How similar matters tend to play out

Three illustrations of how the Law and the cases combine on ordinary facts. They are not predictions. Outcome depends on the facts, the record, the plea and the court.

Lower range. A tipper is weighed slightly over its axle group limit, below the substantial band, a minor risk mass breach. The infringement is $563 with no demerit points, and a formal warning is possible for a minor breach. The weighing method, the limit applied and the rounding are worth checking before paying, because a small error can take the reading back under the limit.

Middle range. A curtain-sider is intercepted with part of its load shifted against the curtain but nothing lost from the vehicle. The Regulator alleges a substantial risk loading breach under section 111, with a maximum of $7,060. The defence looks at the restraint method against the loading performance standards (section 115), whether the shift involved an appreciable safety risk, and who loaded and secured the goods.

Upper range. A combination is weighed at more than 130 per cent of its gross limit after a loader’s error. The driver faces a severe risk breach with a maximum of $14,120 plus $710 for every 1 per cent over 120 per cent, the court may act on the registration under section 598, and the operator and loader face questions under section 26C. The measurement, the limit, any permit and the reasonable excuse defence become the case.


How do we defend a mass, dimension or loading charge?

Heavy vehicle mass and loading offences rest on measurement. We test how the vehicle was weighed or measured, which limit was applied, whether an exemption or permit covered the load, and whether the category alleged is the one the evidence proves.

StageWhat happensWhat we do
Intercept and measurementThe vehicle is weighed, measured or inspected and the load examined.Obtain the weighing or measurement records, calibration details and photographs.
Notice or chargeAn infringement notice issues for minor and substantial breaches, or a charge for severe breaches.Advise before the due date whether to pay the notice or elect to be prosecuted.
Category and limitThe prosecution alleges a category under sections 97 to 114.Recalculate against the right limit and bands, and seek a lower category under section 595 where the evidence falls short.
Defences and exemptionsReasonable excuse, permits and exemption notices may answer the charge.Gather the permit, notice, loading instructions and evidence of the steps taken.
Plea, trial and sentenceThe charge is contested or pleaded, and the court applies section 594.Put the actual risk, the circumstances and the business consequences before the court.

We cannot promise an outcome, and no lawyer can. We can make sure the number and the category are right before anyone pleads to them.

Every hour matters. Book a same-day free 30-minute consultation, or call (08) 7094 2021 now.


Mass, dimension and loading case law

Busbridge is the South Australian decision on how a dimension exemption is applied. The other decisions concern search powers and how courts treat a trifling argument for heavy vehicle offences; none of them concerned an overloaded or badly restrained vehicle.

CaseCourtPrinciplePinpoint
Busbridge v Police [2015] SASC 201Supreme CourtAn exemption covers only what its terms cover; a divided load must be carried within the limits[9], [11], [31], [37], [38], [72] to [74], [80], [100]
R v Carter [2020] SADC 27District CourtEntry and search of a heavy vehicle on a reasonable belief[34], [38], [39], [49]
National Heavy Vehicle Regulator v Obst; National Heavy Vehicle Regulator v Turnbull [2021] SASC 37Supreme CourtOn a trifling argument the conduct is the primary consideration (a fatigue case)[39], [41], [42]

Case notes

Busbridge v Police [2015] SASC 201

A driver carrying an air seeder and its detached tyres was charged with a severe risk breach of a dimension requirement, the load exceeding the width limit by 80 mm or more ([1], [11]). He produced a code of practice and gazette notice for agricultural vehicles as his exemption ([9]). Parker J accepted that the code continued to operate by force of the transitional provisions ([31]), and noted that a driver who exceeds a dimension requirement breaches the Law unless an exemption applies ([37], [38]). The code covered machinery that could not readily be divided; tyres that could be separated without great difficulty, expense or risk of damage were outside it and had to be carried within 2.5 metres ([72] to [74], [80]). The appeal was dismissed ([100]). The offence was then worded as a prohibition on driving a non-compliant vehicle; section 102(1) is now a duty on a person who drives or permits driving, with a reasonable excuse defence.

R v Carter [2020] SADC 27

An officer of the police Heavy Vehicle Enforcement Section stopped a prime mover with the power to enter a vehicle for investigation purposes in mind ([34]). Judge Durrant found that the officer held a reasonable belief that offences against the Law had been committed and intended only to search under the Law ([38]), so the entry was lawful ([39]), and the application to exclude the evidence was refused ([49]).

National Heavy Vehicle Regulator v Obst; National Heavy Vehicle Regulator v Turnbull [2021] SASC 37

A fatigue case, not a mass case. Blue J said that in deciding whether an offence is trifling the primary consideration is the conduct comprising the offence, and only limited weight can be given to the explanation ([39]). The magistrate’s finding that the offences were trifling was set aside and the appeals allowed ([41], [42]). The case concerned section 250, whose purpose the Court compared with a road safety offence.


Frequently asked questions

What is the penalty for an overloaded truck in SA?

Overloading is a breach of the mass requirements under section 96. From 1 August 2026 to 30 June 2027 the maximums are $5,630 for a minor breach, $8,480 for a substantial breach and $14,120 for a severe breach, plus $710 for every further 1 per cent over a 120 per cent overload, capped at an extra $28,230.

When is an overload a severe risk breach?

When the mass is 120 per cent or more of the maximum mass permitted under the requirement, rounded up to the nearest 0.1 tonne (sections 97 and 100). Severe breaches have no infringement option in the Regulator’s schedule and are dealt with in court.

Who is responsible for an overloaded truck?

The driver and anyone who permitted the driver to drive the vehicle, under section 96, subject to a reasonable excuse. Parties in the chain of responsibility, such as loaders, consignors and schedulers, also owe the primary duty in section 26C for the safety of their transport activities.

How far over width is a severe dimension breach?

For width, a severe risk breach starts at 80 mm over the maximum width permitted, and a substantial breach at 40 mm (section 104). For length the bands are 350 mm and 600 mm, and for height 150 mm and 300 mm.

What counts as a load restraint breach?

A failure to make sure the load complies with the loading requirements, including how it is placed, secured and restrained (section 111). The category depends on whether the load was lost or shifted and whether that involved an appreciable safety risk (sections 112 to 114). Evidence that the restraint did not meet a loading performance standard is evidence of a breach (section 115).

Can a formal warning be given for a load or mass breach?

Only for a minor breach. A formal warning cannot be given for a substantial or severe mass, dimension or loading breach (section 590(3)(a)).

Do mass and loading offences carry demerit points?

No. Schedule 4 of the Motor Vehicles Regulations 2025 lists the heavy vehicle offences that carry demerit points, such as fatigue and work and rest hours breaches, and mass, dimension and loading offences are not among them.

Can the court reduce the category of breach?

Yes. If the court is satisfied there was a contravention but not that it reached the category alleged, it may treat it as a lower category (section 595). That makes the measurement and the limit applied worth testing.

Can the court cancel my truck's registration?

On a conviction for a severe risk mass, dimension or loading breach, the court may cancel or suspend the registration of a heavy vehicle of which the offender is the registered operator, and disqualify the offender from applying for its registration for a stated period (section 598).

Do I need a lawyer for an overloading charge?

For a minor infringement, often not. Heavy vehicle mass and loading offences at the substantial or severe level are different. For a substantial or severe breach, a registration order or a charge that reaches the business, the measurement and the category are worth testing first. A free 30-minute consultation will tell you where you stand.


South Australian courts we attend for heavy vehicle matters

We appear in the Adelaide Magistrates Court and in the regional courts on the freight routes, and in the higher courts for matters that go there.

Book a same-day free 30-minute consultation or call (08) 7094 2021.


Talon Legal Insights

Access hundreds of legal precedents and templates.

When you partner with us, you also gain access to a vast repository of regularly updated and ever-expanding legal resources.