Over-height vehicles: CoR consequences of a collision causing damage to road infrastructure

Bridges and tunnels will often have vehicle height restrictions. So what happens from a Chain of Responsibility (CoR) perspective if an over-height vehicle collides with the top of a tunnel or the underside of a bridge?

Under s 611 of the Heavy Vehicle National Law (HVNL), a court may make a compensation order requiring a person convicted of a CoR breach to compensate the road manager for damage caused to road infrastructure as a result of the offence. In making such an order, the Court must conclude that, on the balance of probabilities, the damage was caused by – or partly caused by – the commission of the offence. However, compensation under s 611 can only be ordered when a CoR conviction has been recorded. While a vehicle and its load may be over-height in respect of a particular route, is that still a CoR breach?