Heavy Vehicle National Law (Queensland) (Qld)

Heavy Vehicle National Law (Queensland)

Note—

The Heavy Vehicle National Law (Queensland) is applied (with modifications) as a law of Queensland by the Heavy Vehicle National Law Act 2012. This version is the Law as it applies in Queensland—see the Heavy Vehicle National Law Act 2012, section 4.

Chapter 1    Preliminary

Part 1.1    Introductory matters

1   Short title

This Law may be cited as the Heavy Vehicle National Law (Queensland).

2   Commencement

This Law commences in a participating jurisdiction as provided by the Act of that jurisdiction that applies this Law as a law of that jurisdiction.

3   Object of Law

The object of this Law is to establish a national scheme for facilitating and regulating the use of heavy vehicles on roads in a way that—

(a)promotes public safety; and

(b)manages the impact of heavy vehicles on the environment, road infrastructure and public amenity; and

(c)promotes industry productivity and efficiency in the road transport of goods and passengers by heavy vehicles; and

(d)encourages and promotes productive, efficient, innovative and safe business practices.

4   Regulatory framework to achieve object

The object of this Law is to be achieved by a regulatory framework that—

(a)establishes an entity (the National Heavy Vehicle Regulator) with functions directed at ensuring the object is achieved; and

(b)provides for a database of heavy vehicles; and

(c)prescribes requirements about the following—

(i)the standards heavy vehicles must meet when on roads;

(ii)the maximum permissible mass and dimensions of heavy vehicles used on roads;

(iii)securing and restraining loads on heavy vehicles used on roads;

(iv)preventing drivers of heavy vehicles exceeding speed limits;

(v)preventing drivers of heavy vehicles from driving while fatigued; and

(d)imposes duties and obligations directed at ensuring heavy vehicles and drivers of heavy vehicles comply with requirements mentioned in paragraph (c)(i) to (v) on persons whose activities may influence whether the vehicles or drivers comply with the requirements; and

(e)includes measures directed at the matters mentioned in section 3(c) and (d) by allowing improved access to roads in certain circumstances, including by—

(i)allowing heavy vehicles, that would otherwise be prevented from being used on roads, access to the roads through exemptions or authorisations granted in circumstances in which the matters mentioned in section 3(a) and (b) will not be compromised; and

(ii)providing for accreditation schemes allowing operators of heavy vehicles who adopt best practices directed at the matters mentioned in section 3 to be subject to alternative requirements more suited to the operators’ business operations.

Part 1.2    Interpretation

5   Definitions

In this Law—

100km work, for the purposes of Chapter 6, has the meaning given by section 289(1).

100+km work, for the purposes of Chapter 6, has the meaning given by section 289(2).

accreditation certificate means—

(a)for a heavy vehicle accreditation granted under this Law—the accreditation certificate given for the accreditation under section 464; or

(b)for a heavy vehicle accreditation granted under another law of a participating jurisdiction—the certificate of accreditation (however called) issued for the accreditation under that law.

ADR means—

(a)a third edition ADR; or

(b)a second edition ADR.

advice purposes means providing advice, information and education to persons with duties or obligations under this Law about compliance with the duties or obligations.

AFM accreditation means—

(a)AFM accreditation granted under section 458; or

(b)accreditation of a similar kind under another law of a participating jurisdiction.

AFM fatigue management system, for the purposes of Chapters 6 and 8, has the meaning given by section 457.

AFM hours, for the purposes of Chapters 6 and 8, has the meaning given by section 257.

AFM standards and business rules, for the purposes of Chapter 8, has the meaning given by section 457.

agricultural implement means a vehicle without its own automotive power, built to perform agricultural tasks, and includes an agricultural trailer.

Examples—

•auger

•conveyor

•field bin

•harvester front

•irrigating equipment or machinery

agricultural machine means a vehicle with its own automotive power, built to perform agricultural tasks.

Examples—

harvester, tractor

agricultural task means a task carried out in agriculture.

Examples of an agricultural task—

•cultivating land

•growing and harvesting crops

•rearing livestock

agricultural trailer means a trailer that is designed to carry a load and used exclusively to perform agricultural tasks, but does not include a semitrailer.

agricultural vehicle means an agricultural implement or agricultural machine.

Application Act, of this jurisdiction, means the Act of this jurisdiction by which this Law applies as a law of this jurisdiction.

appropriately qualified, for a function, includes having the qualifications, experience or standing appropriate to exercise the function.

Example of standing—

a person’s classification level or position in the public service or a government agency of a participating jurisdiction

approved, by the responsible Ministers, for the purposes of Chapter 8, has the meaning given by section 457.

approved auditor, for the purposes of Chapter 8, has the meaning given by section 457.

approved electronic recording system has the meaning given by section 221.

approved form means a form approved by the Regulator under section 735.

approved guidelines means guidelines approved by the responsible Ministers under section 653.

approved intelligent transport system has the meaning given by section 403.

approved sleeper berth, for the purposes of Chapter 6, has the meaning given by section 221.

approved vehicle examiner means a person approved as a vehicle examiner under the national regulations (as referred to in section 731).

articulated bus means a bus with 2 or more rigid sections connected to one another in a way that allows—

(a)passenger access between the sections; and

(b)rotary movement between the sections.

AS means an Australian standard made or published by Standards Australia.

associate, of a person, means—

(a)if the person is an individual—

(i)the individual’s spouse or de facto partner; or

(ii)a relative of the individual, whether by blood, spousal relationship or adoption; or

(iii)an employee of the individual; or

(iv)an employee of a corporation of which the individual is an executive officer; or

(v)a partner of the individual; or

(vi)a corporation of which the individual is an executive officer; or

(vii)a corporation in which the individual holds a controlling interest; or

(viii)a person who is a trustee of a trust of which the individual is a trustee or beneficiary; or

(ix)a person who is a beneficiary of a trust of which the individual is a trustee or beneficiary; or

(x)a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the individual; or

(xi)a person who is an associate of someone who is an associate of the individual; or

(b)if the person is a corporation—

(i)an executive officer of the corporation; or

(ii)an associate of an executive officer of the corporation; or

(iii)an employee of the corporation; or

(iv)a person who holds a controlling interest in the corporation; or

(v)a related body corporate, within the meaning of the Corporations Act 2001 of the Commonwealth, of the corporation; or

(vi)a person who is an associate of someone who is an associate of the corporation.

ATM (aggregate trailer mass), of a heavy trailer, means the total maximum mass of the trailer, as stated by the manufacturer, together with its load and the mass imposed on the towing vehicle by the trailer when the towing vehicle and trailer are on a horizontal surface.

Australian Accounting Standards means Accounting Standards issued by the Australian Accounting Standards Board.

Australian road law means—

(a)this Law; or

(b)another law of a State or Territory that regulates the use of vehicles on roads.

authorised officer means—

(a)a police officer declared by a law of a participating jurisdiction to be an authorised officer for the purposes of this Law; or

(b)a person who holds office under this Law as an authorised officer.

authorised use, for the purposes of Part 13.4, has the meaning given by section 727.

authorised warrant official, for a participating jurisdiction, means an entity that is declared by a law of that jurisdiction to be an authorised warrant official for that jurisdiction for the purposes of this Law.

axle means 1 or more shafts positioned in a line across a vehicle, on which 1 or more wheels intended to support the vehicle turn.

axle group means a tandem axle group, twinsteer axle group, tri-axle group or quad-axle group.

base, of the driver of a heavy vehicle—

1

The base of the driver of a heavy vehicle, in relation to particular work—

(a)is the place from which the driver normally does the work; but

(b)is, for the purposes of Chapter 6, the garage address of the vehicle if—

(i)the vehicle is a fatigue-regulated heavy vehicle; and

(ii)the driver is required under Part 6.4, in relation to that particular work, to keep a work diary and to record the location of the driver’s base in the work diary, and has not done so.

Note—

The driver of a fatigue-regulated heavy vehicle may not be required under Part 6.4, in relation to particular work, to keep a work diary and to record the location of the driver’s base in the work diary, if, for example—

•the driver is undertaking 100km work under standard hours

•the driver is working under a work diary exemption

2For a driver who is a self-employed driver and an employed driver at different times, the driver may have one base as a self-employed driver under paragraph 1 and another base as an employed driver under that paragraph.

3For a driver who has 2 or more employers, the driver may have a different base in relation to each employer under paragraph 1.

B-double means a combination consisting of a prime mover towing 2 semitrailers, with the first semitrailer being attached directly to the prime mover by a fifth wheel coupling and the second semitrailer being mounted on the rear of the first semitrailer by a fifth wheel coupling on the first semitrailer.

Typical B-double

B-triple means a combination consisting of a prime mover towing 3 semitrailers, with—

(a)the first semitrailer being attached directly to the prime mover by a fifth wheel coupling; and

(b)the second semitrailer being mounted on the rear of the first semitrailer by a fifth wheel coupling on the first semitrailer; and

(c)the third semitrailer being mounted on the rear of the second semitrailer by a fifth wheel coupling on the second semitrailer.

Typical B-triple

BFM accreditation means—

(a)BFM accreditation granted under section 458; or

(b)accreditation of a similar kind under another law of a participating jurisdiction.

BFM fatigue management system, for the purposes of Chapter 8, has the meaning given by section 457.

BFM hours, for the purposes of Chapters 6 and 8, has the meaning given by section 253.

BFM standards and business rules, for the purposes of Chapter 8, has the meaning given by section 457.

Board means the National Heavy Vehicle Regulator Board established under section 662.

body of fatigue knowledge means any accreditation scheme, scientific knowledge, expert opinion, guidelines, standards or other knowledge about preventing or managing exposure to risks to safety either on a road or in a workplace, arising from fatigue.

bus means a heavy motor vehicle built or fitted to carry more than 9 adults (including the driver).

business practices, of a person, means the person’s practices in running a business associated with the use of a heavy vehicle on a road, including—

(a)the operating policies and procedures of the business; and

(b)the human resource and contract management arrangements of the business; and

(c)the arrangements for preventing or minimising public risks associated with the person’s practices.

cancel, for the purposes of Chapter 6 in relation to an unused daily sheet in a written work diary, has the meaning given by section 221.

category, of heavy vehicles, see section 15.

cause, a thing, includes—

(a)contribute to causing the thing; and

(b)encourage the thing.

cause of fatigue ...

centre-line, of an axle, means—

(a)for an axle consisting of 1 shaft—a line parallel to the length of the axle and passing through its centre; and

(b)for an axle consisting of 2 shafts—a line in the vertical plane passing through—

(i)the centre of both shafts; and

(ii)the centres of the wheels on the shafts.

class 1 heavy vehicle has the meaning given by section 116(1) and (2).

class 2 heavy vehicle has the meaning given by section 136.

class 2 heavy vehicle authorisation means—

(a)a class 2 heavy vehicle authorisation (notice); or

(b)a class 2 heavy vehicle authorisation (permit).

class 2 heavy vehicle authorisation (notice) has the meaning given by section 138(2).

class 2 heavy vehicle authorisation (permit) has the meaning given by section 143(2).

class 3 heavy vehicle has the meaning given by section 116(3).

combination means a group of vehicles consisting of a motor vehicle towing 1 or more other vehicles.

commercial consignor ...

Commonwealth Gazette means the Commonwealth of Australia Gazette.

Commonwealth Gazette notice means notice published in the Commonwealth Gazette.

Commonwealth responsible Minister means the Commonwealth Minister nominated by the Commonwealth as the responsible Minister for the Commonwealth for the purposes of this Law.

compensation order has the meaning given by section 611(1).

complaint, for an offence, means a complaint, charge, notice or other process that starts a proceeding for the offence.

compliance purposes means—

(a)monitoring purposes; or

(b)investigation purposes.

complying container weight declaration has the meaning given by section 189.

component, of a heavy vehicle that is a combination, means—

(a)other than in Part 3.3, a component vehicle of the combination; or

(b)a component of any component vehicle of the combination.

component vehicle, of a heavy combination, means the towing vehicle or another vehicle in the combination.

condition includes a restriction.

conditionally registered ...

conduct means an act, an omission to perform an act, or a state of affairs.

consent includes an approval or concurrence.

consign and consignor—

A person consigns goods, and is a consignor of goods, for road transport using a heavy vehicle, if—

(a)the person has consented to being, and is, named or otherwise identified as a consignor of the goods in the transport documentation relating to the road transport of the goods; or

(b)the person engages an operator of the vehicle, either directly or indirectly or through an agent or other intermediary, to transport the goods by road; or

(c)if paragraphs (a) and (b) do not apply—the person has possession of, or control over, the goods immediately before the goods are transported by road.

consignee, of goods—

(a)means a person who—

(i)has consented to being, and is, named or otherwise identified as the intended consignee of the goods in the transport documentation relating to the road transport of the goods; or

(ii)actually receives the goods after completion of their road transport; but

(b)does not include a person who merely unloads the goods.

container weight declaration—

(a)means a written declaration, whether contained in 1 or more documents, stating or purporting to state the weight of a freight container and its contents; and

Examples—

an email, a placard fixed to the container

Note—

See the definition document in section 12 of Schedule 1.

(b)includes a copy of a declaration mentioned in paragraph (a).

contract includes an agreement.

converter dolly means a pig trailer with a fifth wheel coupling designed to convert a semitrailer into a dog trailer.

Typical converter dolly

convict, a person of an offence, has the meaning given by section 9(1).

convicted, of an offence, has the meaning given by section 9(2).

convicted person—

(a)for the purposes of Division 5 of Part 10.3, has the meaning given by section 599(a); or

(b)for the purposes of Division 6 of Part 10.3, has the meaning given by section 606(a).

corporation includes a body politic or corporate.

corresponding fatigue law, for the purposes of Chapter 6, has the meaning given by section 221.

critical risk breach, for a maximum work requirement or minimum rest requirement, has the meaning given by section 222(4).

daily sheet, for a written work diary, for the purposes of Chapter 6, has the meaning given by section 338(2)(b).

database of heavy vehicles means the database of heavy vehicles kept under section 686A.

daytime means the period of a day between sunrise and sunset.

de facto partner, of a person, means a person (whether of the same gender or a different gender) who is in a de facto relationship, within the meaning given by section 2F of the Acts Interpretation Act 1901 of the Commonwealth, with the person.

defective heavy vehicle, for the purposes of Division 6 of Part 9.3, has the meaning given by section 525.

defective vehicle label, for the purposes of Division 6 of Part 9.3, has the meaning given by section 525.

defendant, for a proceeding for an offence, means the person charged with the offence (whether called the defendant or the accused).

deficiency, for the purposes of Division 3 of Part 10.4, has the meaning given by section 626.

dimension requirement means—

(a)a prescribed dimension requirement (under section 101); or

(b)a requirement as to a dimension limit relating to a heavy vehicle under a condition to which a mass or dimension authority is subject (where the dimension limit is more restrictive than the relevant prescribed dimension requirement); or

(c)a requirement as to a dimension limit under a PBS vehicle approval; or

(d)a requirement as to a dimension limit indicated by an official traffic sign; or

Note—

See the definitions indicated and official traffic sign.

(e)a requirement as to a dimension limit for a component vehicle as prescribed by a heavy vehicle standard.

dimension requirements ...

drive, a vehicle or combination, includes—

(a)be in control of the steering, movement or propulsion of the vehicle or combination; and

(b)for a trailer—drive a vehicle towing the trailer.

driver, of a vehicle or combination—

(a)means the person driving the vehicle or combination; and

(b)includes—

(i)a person accompanying the person driving the vehicle or combination on a journey or part of a journey, who has been, is or will be sharing the task of driving the vehicle or combination during the journey or part; and

(ii)a person who is driving the vehicle or combination as a driver under instruction or under an appropriate learner licence or learner permit; and

(iii)where the driver is a driver under instruction, the holder of a driver licence occupying the seat in the vehicle or combination next to the driver.

driver fatigue compliance function, for the purposes of Part 13.4, has the meaning given by section 727(1).

driver fatigue provision, for the purposes of Part 13.4, has the meaning given by section 727(1).

driver licence means—

(a)a driver licence issued under a law of a State or Territory that regulates the use of vehicles on roads; or

(b)a licence, permit or other authorisation to drive a motor vehicle issued under a law of another country if a law mentioned in paragraph (a) exempts the holder of the licence, permit or other authorisation from the requirement to hold a driver licence under that law to drive a motor vehicle.

electronic recording system has the meaning given by section 221.

electronic recording system approval means an approval of an electronic recording system under Division 7 of Part 6.4.

electronic work diary has the meaning given by section 221.

electronic work diary authorised use, for the purposes of Part 13.4, has the meaning given by section 727(1).

electronic work diary information, for the purposes of Part 13.4, has the meaning given by section 727(1).

electronic work diary label ...

electronic work diary protected information, for the purposes of Part 13.4, has the meaning given by section 727(1).

embargo notice has the meaning given by section 557(2).

embargoed thing means a thing the subject of an embargo notice.

employed driver, of a heavy vehicle, means a person who is employed by someone else to drive the vehicle.

employee means an individual who is employed by someone else.

employer means a person who employs someone else.

encourage includes give an incentive.

engage ...

entity includes a person, an unincorporated partnership and an unincorporated body.

entry, in a work record, for the purposes of Chapter 6, has the meaning given by section 221.

equipment, in relation to a heavy vehicle, includes tools, devices and accessories in the vehicle.

escort vehicle means a pilot vehicle that is driven by a police officer or another person authorised to direct traffic under an Australian road law.

examine includes analyse, test, account, measure, weigh, grade, gauge or identify.

executive officer, of a corporation, means—

(a)a director of the corporation; or

(b)any person, by whatever name called and whether or not the person is a director of the corporation, who is concerned or takes part in the management of the corporation.

exemption hours, for the purposes of Chapter 6, has the meaning given by section 259.

exercise, for a function, includes perform.

extract, of a document, device or other thing, means a copy of any information contained in the document, device or other thing.

Note—

See the definition document in section 12 of Schedule 1.

false or misleading means false or misleading in a material particular.

fatigue has the meaning given by section 223.

fatigue record keeping exemption means—

(a)a fatigue record keeping exemption (notice); or

(b)a fatigue record keeping exemption (permit).

fatigue record keeping exemption (notice) has the meaning given by section 378.

fatigue record keeping exemption (permit) has the meaning given by section 383.

fatigue-regulated bus means a heavy motor vehicle built or fitted to carry more than 12 adults (including the driver).

Note—

A fatigue-regulated bus is a bus that weighs more than 4.5t for the purposes of being regulated under this Law.

fatigue-regulated heavy vehicle has the meaning given by section 7.

fifth wheel coupling means a device (other than an upper rotating element and a kingpin) used with a prime mover, semitrailer or converter dolly to—

(a)permit quick coupling and uncoupling; and

(b)provide for articulation.

film, a thing, includes—

(a)photograph or videotape the thing; and

(b)record an image of the thing in another way.

fit, to drive a heavy vehicle, or to start or stop its engine, for a person, means the person—

(a)is apparently physically and mentally fit to drive the vehicle, or start or stop its engine; and

(b)is not apparently affected by either or both of the following—

(i)alcohol;

(ii)a drug that affects a person’s ability to drive a vehicle; and

(c)is not found to have an alcohol concentration in the person’s blood or breath exceeding the amount permitted, under an Australian road law of this jurisdiction, for the driver of a heavy vehicle; and

(d)is not found to be under the influence of a drug or to have present in the person’s blood or saliva a drug that the driver of a heavy vehicle is not permitted to have present in the driver’s blood or saliva under an Australian road law of this jurisdiction.

freight container means—

(a)a re-usable container of the kind mentioned in AS 3711.1 that is designed for repeated use for transporting goods; or

Note—

AS 3711.1 may be purchased from Standards Australia at < re-usable container of the same or a similar design and construction to a container mentioned in paragraph (a) though of different dimensions.

Fund means the National Heavy Vehicle Regulator Fund established under section 687.

garage address, of a heavy vehicle, means—

(a)for a heavy vehicle normally kept at a depot when not in use—the principal depot of the vehicle; or

(b)for a heavy vehicle not normally kept at a depot when not in use—the address of the place of business or residence at which the vehicle is normally kept when not in use.

GCM (gross combination mass), of a motor vehicle, means the total maximum loaded mass of the motor vehicle and any vehicles it may lawfully tow at any given time—

(a)if the registration authority has specified the total maximum loaded mass of the motor vehicle and any vehicles it may lawfully tow at any given time—specified by the registration authority; or

(b)otherwise—stated by the motor vehicle’s manufacturer.

goods—

(a)includes—

(i)animals (whether alive or dead); and

(ii)a container (whether empty or not); but

(b)does not include—

(i)people; or

(ii)fuel, water, lubricants and readily removable equipment required for the normal use of the vehicle or combination in which they are carried; or

(iii)personal items used by the driver of the vehicle or combination, or someone else necessary for the normal use of the vehicle, in which they are carried.

GVM (gross vehicle mass), of a vehicle, means the maximum loaded mass of the vehicle—

(a)if the registration authority has specified the vehicle’s maximum loaded mass—specified by the registration authority; or

(b)otherwise—stated by the vehicle’s manufacturer.

hauling unit means a motor vehicle that forms part of a combination, but does not include a prime mover.

heavy combination means a combination that is a heavy vehicle.

heavy motor vehicle means a motor vehicle that is a heavy vehicle.

heavy trailer means a trailer that is a heavy vehicle.

heavy vehicle has the meaning given by section 6.

heavy vehicle accreditation means—

(a)AFM accreditation; or

(b)BFM accreditation; or

(c)maintenance management accreditation; or

(d)mass management accreditation.

heavy vehicle standards has the meaning given by section 59.

higher mass limits, for the purposes of Chapter 7, has the meaning given by section 403.

HML authority, for the purposes of Chapter 7, has the meaning given by section 403.

home address means—

(a)for an individual—the individual’s residential address in Australia; or

(b)for a body corporate with a registered office in Australia—the address of the registered office; or

(c)for another person—the address of the person’s principal or only place of business in Australia.

identification details, for the purposes of Division 6 of Part 9.3, has the meaning given by section 525.

identification plate means a plate approved to be placed on a vehicle, or taken to have been placed on a vehicle, under the Motor Vehicle Standards Act 1989.

impaired by fatigue has the meaning given by section 225.

improvement notice has the meaning given by section 572(2).

in, a vehicle, includes on the vehicle.

indicated, by an official traffic sign, includes—

(a)indicated by way of a direction on an official traffic sign; and

(b)indicated by way of a direction, indication or requirement that, under a law, is prescribed as being given or imposed, because of an official traffic sign.

indictable offence means an offence mentioned in section 26F.

information includes—

(a)information in the form of a printed document; and

Note—

See the definitions printed and document in section 12 of Schedule 1.

(b)information stored electronically.

information notice, for a decision, means a notice stating the following—

(a)the decision;

(b)the reasons for the decision;

(c)the review and appeal information for the decision.

infringement notice means—

(a)an infringement notice issued under section 591; or

(b)an infringement notice, expiation notice, penalty notice or similar notice under the Infringement Notice Offences Law.

Infringement Notice Offences Law, for a participating jurisdiction, means the law that is declared by a law of that jurisdiction to be the Infringement Notice Offences Law for the purposes of this Law.

inspect, a thing, includes—

(a)open the thing and examine its contents; and

(b)test the thing or its contents or both.

insurer ...

intelligent access map means the spatial data set in electronic form, issued by TCA from time to time, that defines the national public road system.

intelligent access program agreement, for the purposes of Chapter 7, has the meaning given by section 403.

intelligent access program audit, for the purposes of Chapter 7, has the meaning given by section 403.

intelligent access program auditor means a person engaged by TCA for auditing activities conducted by intelligent access program service providers.

intelligent access program conditions has the meaning given by section 402.

intelligent access program information, for the purposes of Chapter 7, has the meaning given by section 403.

intelligent access program reporting entity, for the purposes of Chapter 6, has the meaning given by section 221.

intelligent access program service provider has the meaning given by section 403.

intelligent access program vehicle, for the purposes of Chapter 7, has the meaning given by section 403.

intelligent transport system means a system involving the use of electronic or other technology, whether located in a heavy vehicle or on or near a road or elsewhere, that is able to monitor, generate, record, store, display, analyse, transmit or report information about—

(a)any or all of the following—

(i)a heavy vehicle, its equipment or load;

(ii)the driver of a heavy vehicle;

(iii)an operator of a heavy vehicle;

(iv)anyone else involved in road transport using a heavy vehicle; and

(b)without limiting paragraph (a), the compliance or noncompliance with this Law of the use of a heavy vehicle on a road.

investigation purposes means investigating a contravention or suspected contravention of this Law.

journey documentation—

(a)means a document, other than transport documentation, in any form—

(i)directly or indirectly associated with—

(A)a transaction for the actual or proposed road transport of goods or passengers using a heavy vehicle, or for a previous transport of the goods or passengers by any transport method; or

(B)goods or passengers, to the extent the document is relevant to a transaction for their actual or proposed road transport; and

(ii)whether relating to a particular journey or to journeys generally; and

(b)includes, for example, any or all of the following—

(i)a document kept, used or obtained by a responsible person for a heavy vehicle in connection with the transport of goods or passengers;

(ii)a workshop, maintenance or repair record relating to a heavy vehicle used, or claimed to be used, for transporting goods or passengers;

(iii)a subcontractor’s payment advice relating to goods or passengers or their transport;

(iv)records kept, used or obtained by the driver of a heavy vehicle used, or claimed to be used, for transporting goods or passengers;

Examples—

•driver’s run sheet

•work diary entry

•fuel docket or receipt

•food receipt

•tollway receipt

•pay record

•mobile or other telephone record

(v)information reported through the use of an intelligent transport system;

(vi)a driver manual or instruction sheet;

(vii)an advice resulting from check weighing of a heavy vehicle’s mass or load performed before, during or after a journey.

Note—

See the definition document in section 12 of Schedule 1.

law enforcement agency means an agency that has functions or activities directed at the prevention, detection, investigation, prosecution or punishment of offences and other contraventions of a law for which penalties or sanctions may be imposed.

law enforcement purposes, for the purposes of Chapter 7, has the meaning given by section 403.

load, of a heavy vehicle or in a heavy vehicle, means—

(a)all the goods, passengers, drivers and other persons in the vehicle; and

(b)all fuel, water, lubricants and readily removable equipment carried in the vehicle and required for its normal use; and

(c)personal items used by the vehicle’s driver or someone else necessary for the normal use of the vehicle; and

(d)anything that is normally removed from the vehicle when not in use.

load, when used as a verb, and loader—

A person loads goods in a heavy vehicle, and is a loader of goods in a heavy vehicle, if the person is a person who—

(a)loads the vehicle, or any container that is in or part of the vehicle, with the goods for road transport; or

(b)loads the vehicle with a freight container, whether or not it contains goods, for road transport.

loaded mass, of a vehicle, means the vehicle’s mass together with the mass of the vehicle’s load that is transmitted to the ground.

loading manager, for goods in a heavy vehicle, means—

(a)a person who manages, or is responsible for the operation of, regular loading or unloading premises for heavy vehicles where the goods are—

(i)loaded onto the heavy vehicle; or

(ii)unloaded from the heavy vehicle; or

(b)a person who has been assigned by a person mentioned in paragraph (a) as responsible for supervising, managing or controlling, directly or indirectly, activities carried out by a loader or unloader of goods at regular loading or unloading premises for heavy vehicles.

loading requirements has the meaning given by section 110.

local government authority, for a participating jurisdiction, means an entity that is declared by a law of that jurisdiction to be a local government authority for that jurisdiction for the purposes of this Law.

maintenance management accreditation means—

(a)maintenance management accreditation granted under section 458; or

(b)accreditation of a similar kind under another law of a participating jurisdiction.

maintenance management standards and business rules, for the purposes of Chapter 8, has the meaning given by section 457.

maintenance management system, for the purposes of Chapter 8, has the meaning given by section 457.

major defect notice means a notice complying with the requirements for a major defect notice under section 527.

major rest break, for the purposes of Chapter 6, has the meaning given by section 221.

malfunction—

(a)for the purposes of Chapter 6, has the meaning given by section 221; and

(b)for the purposes of Chapter 7, has the meaning given by section 403.

management member, of an unincorporated body, means—

(a)if the body has a management committee—each member of the management committee; or

(b)otherwise—each member who is concerned with, or takes part in, the body’s management, whatever name is given to the member’s position in the body.

mass, dimension or loading requirement means a mass requirement, dimension requirement or loading requirement.

mass management accreditation means—

(a)mass management accreditation granted under section 458; or

(b)accreditation of a similar kind under another law of a participating jurisdiction.

mass management standards and business rules, for the purposes of Chapter 8, has the meaning given by section 457.

mass management system, for the purposes of Chapter 8, has the meaning given by section 457.

mass or dimension authority means—

(a)a mass or dimension exemption; or

(b)a class 2 heavy vehicle authorisation.

mass or dimension exemption means—

(a)a mass or dimension exemption (notice); or

(b)a mass or dimension exemption (permit).

mass or dimension exemption (notice) has the meaning given by section 117(2).

mass or dimension exemption (permit) has the meaning given by section 122(3).

mass requirement means—

(a)a prescribed mass requirement (under section 95); or

(b)a requirement as to a mass limit relating to a heavy vehicle under a condition to which a mass or dimension authority is subject (where the mass limit is lower than the relevant prescribed mass requirement); or

(c)a requirement as to a mass limit under a PBS vehicle approval; or

(d)a requirement as to a mass limit indicated by an official traffic sign; or

Note—

See the definitions indicated and official traffic sign.

(e)a requirement as to a mass limit under the GVM or GCM for a heavy vehicle; or

(f)a requirement as to a mass limit for a component vehicle as stated by the manufacturer or as prescribed by a heavy vehicle standard.

mass requirements ...

maximum work requirement means a requirement of Chapter 6 relating to a maximum work time for the driver of a fatigue-regulated heavy vehicle.

maximum work time means the maximum time the driver of a fatigue-regulated heavy vehicle may drive a fatigue-regulated heavy vehicle, or otherwise work, without taking a rest.

minimum rest requirement means a requirement of Chapter 6 relating to the minimum rest time for the driver of a fatigue-regulated heavy vehicle.

minimum rest time means the minimum time the driver of a fatigue-regulated heavy vehicle must rest in order to break up the period of time the driver drives a fatigue-regulated heavy vehicle or otherwise works.

minor defect notice means a notice complying with the requirements for a minor defect notice under section 527.

minor risk breach—

(a)for a mass requirement—has the meaning given by section 98; or

(b)for a dimension requirement—has the meaning given by section 105; or

(c)for a loading requirement—has the meaning given by section 112; or

(d)for a maximum work requirement or minimum rest requirement—has the meaning given by section 222(1).

mistake of fact defence ...

modification, for the purposes of Part 3.3, has the meaning given by section 84.

monitoring purposes means finding out whether this Law is being complied with.

motor vehicle means a vehicle built to be propelled by a motor that forms part of the vehicle.

Motor Vehicle Standards Act 1989 means the repealed Motor Vehicle Standards Act 1989 of the Commonwealth as in force before its repeal.

national regulations means the regulations made under section 730.

National Transport Commission means the National Transport Commission established by the National Transport Commission Act 2003 of the Commonwealth.

night means the period between sunset on a day and sunrise on the next day.

night rest break means—

(a)7 continuous hours stationary rest time between 10p.m. on a day and 8a.m. on the next day; or

Note—

Under sections 248 and 303, the time must be based on the time zone of the driver's base for drivers on a journey in a different time zone to the driver's base.

(b)24 continuous hours stationary rest time.

night work time, for the purposes of Chapter 6, has the meaning given by section 221.

noncompliance report, for the purposes of Chapter 7, has the meaning given by section 403.

non-participating jurisdiction, for the purposes of Chapter 6, has the meaning given by section 221.

notice—

(a)means written notice; and

(b)for the purposes of Division 5B of Part 9.4, has the meaning given by section 576D.

occupier, of a place, includes the following—

(a)if there is more than 1 person who apparently occupies the place—any 1 of the persons;

(b)any person at the place who is apparently acting with the authority of a person who apparently occupies the place;

(c)if no-one apparently occupies the place—any person who is an owner of the place.

offence warning ...

official means any of the following persons exercising a function under this Law—

(a)the Regulator;

(b)a road authority;

(c)an authorised officer.

official traffic sign means a sign or device erected or placed, under a law, by a public authority (including, for example, a police force or police service) to regulate traffic.

operate and operator—

A person operates a vehicle or combination, and is an operator of the vehicle or combination, if the person is responsible for controlling or directing the use of—

(a)for a vehicle (including a vehicle in a combination)—the vehicle; or

(b)for a combination—the towing vehicle in the combination.

oversize vehicle means a heavy vehicle that does not comply with a dimension requirement applying to it.

owner—

(a)of a vehicle means—

(i)each person who is an owner, joint owner or part owner of the vehicle; or

(ii)a person who has the use or control of the vehicle under a credit agreement, hiring agreement, hire-purchase agreement or leasing arrangement; or

(b)of a combination means—

(i)each person who is an owner, joint owner or part owner of the towing vehicle in the combination; or

(ii)a person who has the use or control of the towing vehicle in the combination under a credit agreement, hiring agreement, hire-purchase agreement or leasing arrangement; or

(c)of a sample means an owner of the sample or the thing from which it was taken.

pack and packer—

A person packs goods, and is a packer of goods, if the person—

(a)puts the goods in packaging, even if that packaging is already on a vehicle; or

Example for the purposes of paragraph (a)—

A person who uses a hose to fill the tank of a tank vehicle with petrol packs the petrol for transport.

(b)assembles the goods as packaged goods in an outer packaging, even if that packaging is already on a vehicle; or

(c)supervises an activity mentioned in paragraph (a) or (b); or

(d)manages or controls an activity mentioned in paragraph (a), (b) or (c).

packaging, in relation to goods, means anything that contains, holds, protects or encloses the goods, whether directly or indirectly, to enable them to be received or held for transport, or to be transported.

Note—

It may be that a container constitutes the whole of the packaging of goods, as in the case of a drum in which goods are directly placed.

participating jurisdiction—

(a)for the purposes of this Law other than Chapter 6—means a State or Territory in which—

(i)this Law applies as a law of the State or Territory; or

(ii)a law that substantially corresponds to the provisions of this Law has been enacted; or

(iii)a law prescribed by the national regulations for the purposes of this subparagraph has been enacted; or

(b)for the purposes of Chapter 6—has the meaning given by section 221.

participation day ...

party in the chain of responsibility, for a heavy vehicle, means each of the following persons—

(a)if the vehicle’s driver is an employed driver—an employer of the driver;

(b)if the vehicle’s driver is a self-employed driver—a prime contractor for the driver;

(c)an operator of the vehicle;

(d)a scheduler for the vehicle;

(e)a consignor of any goods in the vehicle;

(f)a consignee of any goods in the vehicle;

(g)a packer of any goods in the vehicle;

(h)a loading manager for any goods in the vehicle;

(i)a loader of any goods in the vehicle;

(j)an unloader of any goods in the vehicle.

passenger, of a vehicle, means any person carried in the vehicle other than the vehicle’s driver or someone else necessary for the normal use of the vehicle.

PBS design approval means a current approval given under section 22 for the design of a type of heavy vehicle that, if built to the design, is eligible for PBS vehicle approval.

Note—

‘PBS’ stands for performance based standards.

PBS Review Panel means an advisory body appointed by the Regulator to provide expert advice in the assessment of applications for PBS design approvals or PBS vehicle approvals and of their impacts.

Note—

The membership of the PBS Review Panel consists of one representative of each State and Territory, an independent Chairperson and an independent Deputy Chairperson. The Commonwealth may, if it decides to do so, nominate a representative of the Commonwealth. The procedure of the Panel is as determined by the Regulator.

PBS vehicle means a heavy vehicle that is the subject of a current PBS vehicle approval under Part 1.4.

PBS vehicle approval means a current approval issued for a heavy vehicle by the Regulator under section 23.

personal information—

(a)generally, means information or an opinion, including information or an opinion forming part of a database, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be found out, from the information or opinion; and

(b)for the purposes of Chapter 7, has the meaning given by section 403.

pig trailer means a trailer—

(a)with 1 axle group or a single axle near the middle of its load carrying surface; and

(b)connected to the towing vehicle by a drawbar.

pilot vehicle means a motor vehicle that accompanies an oversize vehicle to warn other road users of the oversize vehicle’s presence.

place of business, for the purposes of Part 9.2, has the meaning given by section 494.

pole-type trailer means a trailer that—

(a)is attached to a towing vehicle by a pole or an attachment fitted to a pole; and

(b)is ordinarily used for transporting loads, such as logs, pipes, structural members, or other long objects, that can generally support themselves like beams between supports.

Pole-type trailer

police commissioner means the head of the police force or police service (however called) of a participating jurisdiction.

premises—

(a)means a building or other structure, a vessel, or another place (whether built on or not)—

(i)from which a business is carried out; or

(ii)at or from which goods are loaded onto or unloaded from vehicles; and

(b)includes a part of a building, structure, vessel or place mentioned in paragraph (a).

prescribed dimension requirement means a requirement prescribed by the national regulations under section 101.

prescribed fee means a fee prescribed by the national regulations under section 740(1).

prescribed mass requirement means a requirement prescribed by the national regulations under section 95.

previous corresponding law—

1

A previous corresponding law is a law of a participating jurisdiction that, before the participation day for the jurisdiction, provided for the same, or substantially the same, matters as the provisions of this Law.

2

A previous corresponding law for a provision of this Law is a provision of a previous corresponding law within the meaning of paragraph 1 that corresponds, or substantially corresponds, to the provision of this Law.

3For the purposes of paragraph 1, it is irrelevant whether the law of the participating jurisdiction—

(a)is in 1 instrument or 2 or more instruments; or

(b)is part of an instrument; or

(c)is part of an instrument and the whole or part of 1 or more other instruments.

prime contractor, of the driver of a heavy vehicle, means a person who engages the driver to drive the vehicle under a contract for services.

Example—

a logistics business that engages a subcontractor to transport goods.

prime mover means a heavy motor vehicle designed to tow a semitrailer.

prohibition notice has the meaning given by section 576A(3).

prohibition order has the meaning given by section 607(1).

promisee see section 590A.

protected information, for the purposes of Part 13.4, has the meaning given by section 727.

public authority means—

(a)a State or Territory or the Commonwealth, in any capacity; or

(b)a body established under a law, or the holder of an office established under a law, for a public purpose, including a local government authority.

public notice means a notice—

(a)in the Commonwealth Gazette; and

(b)on the Regulator’s website; and

(c)if the Regulator considers it appropriate—in another way, including, for example, in a national newspaper.

public place means a place or part of a place—

(a)that the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or

(b)the occupier of which allows members of the public to enter, whether or not on payment of money.

public risk means—

(a)a safety risk; or

(b)a risk of damage to road infrastructure.

public safety means the safety of persons or property, including the safety of—

(a)the drivers of, and passengers and other persons in, vehicles and combinations; and

(b)persons or property in or in the vicinity of, or likely to be in or in the vicinity of, road infrastructure and public places; and

(c)vehicles and combinations and any loads in them.

public safety ground, for a reviewable decision, has the meaning given by section 640.

quad-axle group means a group of 4 axles, in which the horizontal distance between the centre-lines of the outermost axles is more than 3.2m but not more than 4.9m.

qualified, to drive a heavy vehicle, or to start or stop its engine, for a person, means the person—

(a)holds a driver licence of the appropriate class to drive the vehicle that is not suspended; and

(b)is not prevented under a law, including, for example, by the conditions of the driver licence, from driving the vehicle at the relevant time.

Queensland Minister means the responsible Minister for Queensland.

reasonable steps defence ...

reasonably believes means believes on grounds that are reasonable in the circumstances.

reasonably practicable, in relation to a duty, means that which is, or was at a particular time, reasonably able to be done in relation to the duty, weighing up all relevant matters, including—

(a)the likelihood of a safety risk, or damage to road infrastructure, happening; and

(b)the harm that could result from the risk or damage; and

(c)what the person knows, or ought reasonably to know, about the risk or damage; and

(d)what the person knows, or ought reasonably to know, about the ways of—

(i)removing or minimising the risk; or

(ii)preventing or minimising the damage; and

(e)the availability and suitability of those ways; and

(f)the cost associated with the available ways, including whether the cost is grossly disproportionate to the likelihood of the risk or damage.

reasonably satisfied means satisfied on grounds that are reasonable in the circumstances.

reasonably suspects means suspects on grounds that are reasonable in the circumstances.

record keeper has the meaning given by section 317.

record location, of the driver of a fatigue-regulated heavy vehicle, for the purposes of Chapter 6, has the meaning given by section 290.

registered industry code of practice means an industry code of practice registered under section 706.

registered interest means an interest registered under the Personal Property Securities Act 2009 of the Commonwealth by a secured party for which the thing or sample is collateral.

registered operator, of a heavy vehicle, means the person recorded on a vehicle register as the person responsible for the vehicle, however named, kept under another Australian road law.

registration, of a heavy vehicle, means registration of the vehicle under an Australian road law.

registration authority, for a heavy vehicle, means the authority responsible for the registration of the vehicle under an Australian road law.

registration certificate ...

registration exemption ...

registration item means a document, number plate, label or other thing relating to the registration or purported registration of a heavy vehicle.

Note—

See the definition document in section 12 of Schedule 1.

registration number, for a heavy vehicle, means the identifying registration number, however described, given to the vehicle under an Australian road law.

regular loading or unloading premises—

1

Regular loading or unloading premises, for heavy vehicles, means premises at or from which an average of at least 5 heavy vehicles are loaded or unloaded on each day the premises are operated for loading or unloading heavy vehicles.

2For the purposes of paragraph 1, an average of at least 5 heavy vehicles are loaded or unloaded at or from premises on each day the premises are operated for loading or unloading heavy vehicles if—

(a)for premises operated for loading or unloading heavy vehicles for 12 months or more—during the previous 12 months, an average of at least 5 heavy vehicles were loaded or unloaded at or from the premises on each day the premises were operated for loading or unloading heavy vehicles; or

(b)for premises operated for loading or unloading heavy vehicles for less than 12 months—during the period the premises have been in operation for loading or unloading heavy vehicles, an average of at least 5 heavy vehicles were loaded or unloaded at or from the premises on each day the premises were operated for loading or unloading heavy vehicles.

3

In the application of this definition to the definition loading manager where used in Chapter 6, references in paragraphs 1 and 2 to ‘an average of at least 5 heavy vehicles’ are to be read as references to an average of at least 5 fatigue-regulated heavy vehicles.

Note—

Consequently, Chapter 6 applies to a person as a loading manager only if the premises concerned are premises at or from which an average of at least 5 fatigue-regulated heavy vehicles are loaded or unloaded on each day the premises are operated for loading or unloading heavy vehicles.

Regulator means the National Heavy Vehicle Regulator established under section 656.

Regulator’s website means the website of the Regulator on the internet.

relevant appeal body, for the purposes of Chapter 11, has the meaning given by section 640.

relevant contravention, for the purposes of Chapter 7, has the meaning given by section 403.

relevant emission, for a heavy vehicle, means noise emission, gaseous emission or particle emission emanating from the vehicle.

relevant garage address, of a heavy vehicle, means—

(a)the heavy vehicle’s garage address; or

(b)if the heavy vehicle is a combination—the garage address of the towing vehicle in the combination.

relevant jurisdiction, for the purposes of Chapter 11, has the meaning given by section 640.

relevant management system, for the purposes of Chapter 8, has the meaning given by section 457.

relevant monitoring matters, for the purposes of Chapter 7, has the meaning given by section 403.

relevant place, for the purposes of Part 9.2, has the meaning given by section 494.

relevant police commissioner, in relation to a police officer, means the police commissioner for the police force or police service (however called) of which the police officer is a member.

relevant road manager, for a mass or dimension authority, means a road manager for a road in the area, or on the route, to which the authority applies.

relevant standards and business rules, for the purposes of Chapter 8, has the meaning given by section 457.

relevant tribunal or court, for a participating jurisdiction, means a tribunal or court that is declared by a law of that jurisdiction to be the relevant tribunal or court for that jurisdiction for the purposes of this Law.

residence, for the purposes of Part 9.2, has the meaning given by section 494(1).

responsible entity, for a freight container, means—

(a)the person who, in Australia, consigned the container for road transport using a heavy vehicle; or

(b)if there is no person as described in paragraph (a)—the person who, in Australia, for a consignor, arranged for the container’s road transport using a heavy vehicle; or

(c)if there is no person as described in paragraph (a) or (b)—the person who, in Australia, physically offered the container for road transport using a heavy vehicle.

responsible Minister, for a participating jurisdiction, means the Minister of that jurisdiction nominated by it as its responsible Minister for the purposes of this Law.

responsible Ministers means a group of Ministers consisting of—

(a)the responsible Minister for each participating jurisdiction; and

(b)the Commonwealth responsible Minister.

Note—

See also section 655(3).

responsible person, for a heavy vehicle, means a person having, at a relevant time, a role or responsibility associated with road transport using the vehicle, and includes any of the following—

(a)an owner of the vehicle or, if it is a combination, an owner of a heavy vehicle forming part of the combination;

(b)the vehicle’s driver;

(c)an operator or registered operator of the vehicle or, if it is a combination, an operator or registered operator of a heavy vehicle forming part of the combination;

(d)a person in charge or apparently in charge of—

(i)the vehicle; or

(ii)the vehicle’s garage address or, if it is a combination, the garage address of a heavy vehicle forming part of the combination; or

(iii)a base of the vehicle’s driver;

(e)a person appointed under a heavy vehicle accreditation to have monitoring or other responsibilities under the accreditation, including, for example, responsibilities for certifying, monitoring or approving the use of heavy vehicles under the accreditation;

(f)a person who provides to an owner or registered operator of the vehicle or, if it is a combination, an owner or registered operator of a heavy vehicle forming part of the combination, an intelligent transport system for the vehicle;

(g)a person in charge of a place entered by an authorised officer under this Law for the purpose of exercising a power under this Law;

(h)a consignor of goods for road transport;

(i)a packer of goods in a freight container or other container or in a package or on a pallet for road transport;

(j)a person who loads goods or a container for road transport;

(k)a person who unloads goods or a container containing goods consigned for road transport;

(l)a person to whom goods are consigned for road transport;

(m)a person who receives goods packed outside Australia in a freight container or other container or on a pallet for road transport in Australia;

(n)an owner or operator of a weighbridge or weighing facility used to weigh the vehicle, or an occupier of the place where the weighbridge or weighing facility is located;

(o)a responsible entity for a freight container on the vehicle;

(p)a loading manager for goods in heavy vehicles for road transport or another person who controls or directly influences the loading of goods for road transport;

(q)a scheduler for the vehicle;

(r)an employer, employee, agent or subcontractor of a person mentioned in any of paragraphs (a) to (q).

rest, in relation to a fatigue-regulated heavy vehicle, has the meaning given by section 221.

rest time, for the purposes of Chapter 6, has the meaning given by section 221.

review and appeal information—

(a)for a decision made by the Regulator or an authorised officer who is not a police officer, means the following information—

(i)that, under section 641, a dissatisfied person for the decision may ask for the decision to be reviewed by the Regulator;

(ii)that, under section 642, the person may apply for the decision to be stayed by a relevant tribunal or court unless the decision was made by the Regulator on the basis of a public safety ground;

(iii)that, in relation to the Regulator’s decision on the review, the person may—

(A)under section 647, appeal against the decision to a relevant tribunal or court; and

(B)under section 648, apply for the decision to be stayed by a relevant tribunal or court unless the reviewable decision to which the review decision relates was made by the Regulator on the basis of a public safety ground; and

(b)for a decision made by a road manager (for a road) that is a public authority, means the following information—

(i)that, under section 641, a dissatisfied person for the decision may apply to the Regulator to have the decision reviewed;

(ii)that, under section 643, the Regulator must refer the application to the road manager for review;

(iii)that the decision of the road manager on the review is not subject to further review or appeal under this Law; and

(c)for a decision made by an authorised officer who is a police officer, or a road manager (for a road) that is not a public authority, means that the decision is not subject to review or appeal under this Law.

review application, for the purposes of Chapter 11, has the meaning given by section 640.

review decision, for the purposes of Chapter 11, has the meaning given by section 640.

reviewable decision has the meaning given by section 640.

reviewer, for the purposes of Chapter 11, has the meaning given by section 640.

rigid, other than in the definition articulated bus, means not articulated.

risk category—

(a)for a contravention of a mass, dimension or loading requirement, means 1 of the following categories—

(i)minor risk breach;

(ii)substantial risk breach;

(iii)severe risk breach; or

(b)for a contravention of a maximum work requirement or minimum rest requirement, means 1 of the following categories—

(i)minor risk breach;

(ii)substantial risk breach;

(iii)severe risk breach;

(iv)critical risk breach.

road has the meaning given by section 8.

Note—

See also section 13.

road authority, for a participating jurisdiction, means an entity that is declared by a law of that jurisdiction to be the road authority for that jurisdiction for the purposes of this Law.

road condition has the meaning given by section 154.

road infrastructure includes—

(a)a road, including its surface or pavement; and

(b)anything under or supporting a road or its surface or pavement; and

(c)any bridge, tunnel, causeway, road-ferry, ford or other work or structure forming part of a road system or supporting a road; and

(d)any bridge or other work or structure located above, in or on a road; and

(e)any traffic control devices, railway equipment, electricity equipment, emergency telephone systems or any other facilities (whether of the same or a different kind) in, on, over, under or connected with anything mentioned in paragraphs (a) to (d).

road manager, for a road in a participating jurisdiction, means an entity that is declared by a law of that jurisdiction to be the road manager for the road for the purposes of this Law.

road-related area has the meaning given by section 8.

Road Rules, for a participating jurisdiction, means the law that is declared by a law of that jurisdiction to be the Road Rules for the purposes of this Law.

road train means—

(a)a B-triple; or

(b)a combination, other than a B-double, consisting of a motor vehicle towing at least 2 trailers, excluding any converter dolly supporting a semitrailer.

Typical triple road train

road transport means transport by road.

Road Vehicle Standards Act 2018 means the Road Vehicle Standards Act 2018 of the Commonwealth.

route assessment, for the purposes of Part 4.7, has the meaning given by section 154.

safer freight vehicle has the meaning given by section 153A(2).

safety duty means a duty imposed under any of the following provisions—

(a)section 26C;

(b)section 26E(1) or (2);

(c)section 89(1);

(d)section 93(1), (2) or (3);

(e)section 129(1), (2) or (3);

(f)section 137;

(g)section 150(1);

(h)section 153A(1);

(i)section 186(2), (3), (4) or (5);

(j)section 187(2) or (3);

(k)section 335(1);

(l)section 336(1);

(m)section 337(2);

(n)section 454(1) or (2);

(o)section 467;

(p)section 470(2), (3) or (4);

(q)section 604;

(r)section 610.

safety risk means a risk—

(a)to public safety; or

(b)of harm to the environment.

schedule, for the driver of a heavy vehicle, means—

(a)the schedule for the transport of any goods or passengers by the vehicle; or

(b)the schedule of the driver’s work times and rest times.

scheduler, for a heavy vehicle, means a person who—

(a)schedules the transport of any goods or passengers by the vehicle; or

(b)schedules the work times and rest times of the vehicle’s driver.

second edition ADR means an ADR incorporated in the document described as the ‘Australian Design Rules for Motor Vehicle Safety, Second Edition’ originally published by the former Commonwealth Department of Transport.

self-clearing defect notice means a notice complying with the requirements for a self-clearing defect notice under section 527.

self-employed driver, of a heavy vehicle, means a driver of the vehicle who is not an employed driver of the vehicle.

semitrailer means a trailer that has—

(a)1 axle group or a single axle towards the rear; and

(b)a means of attachment to a prime mover that results in some of the mass of the trailer’s load being imposed on the prime mover.

severe risk breach—

(a)for a mass requirement—has the meaning given by section 100; or

(b)for a dimension requirement—has the meaning given by section 107; or

(c)for a loading requirement—has the meaning given by section 114; or

(d)for a maximum work requirement or minimum rest requirement—has the meaning given by section 222(3).

severe risk breach lower limit—

(a)for the purposes of Division 2 of Part 4.2, has the meaning given by section 97; or

(b)for the purposes of Division 2 of Part 4.3, has the meaning given by section 104.

sign of fatigue, for the purposes of Chapter 6, has the meaning given by section 221.

single axle means—

(a)1 axle; or

(b)2 axles with centres between transverse, parallel, vertical planes spaced less than 1.0m apart.

single axle group ...

solo driver, for the purposes of Chapter 6, has the meaning given by section 221.

speed limit means—

(a)a speed limit applying under this Law, the Road Rules or another law; and

(b)when used in the context of a speed limit applying to the driver of a heavy vehicle—a speed limit applying to the driver or the vehicle (or both) under this Law, the Road Rules or another law (whether it applies specifically to the particular driver or the particular vehicle or it applies to all drivers or vehicles or to a class of drivers or vehicles to which the driver or vehicle belongs).

Note—

A reference to a speed limit applying under this Law, the Road Rules or another law covers both—

•a speed limit specified in this Law, the Road Rules or other law

•a speed limit specified in an instrument, or in some other manner, under this Law, the Road Rules or other law (for example, a speed limit specified in a permit or a Commonwealth Gazette notice)

standard hours, for the purposes of Chapter 6, has the meaning given by section 249.

Standards Australia means Standards Australia Limited CAN 087 326 690, and includes a reference to the Standards Association of Australia as constituted before 1 July 1999.

stationary rest time has the meaning given by section 221.

substantial risk breach—

(a)for a mass requirement—has the meaning given by section 99; or

(b)for a dimension requirement—has the meaning given by section 106; or

(c)for a loading requirement—has the meaning given by section 113; or

(d)for a maximum work requirement or minimum rest requirement—has the meaning given by section 222(2).

substantial risk breach lower limit—

(a)for the purposes of Division 2 of Part 4.2, has the meaning given by section 97; or

(b)for the purposes of Division 2 of Part 4.3, has the meaning given by section 104.

suitable rest place, for fatigue-regulated heavy vehicles, means—

(a)a rest area designated for use, and able to be used, by fatigue-regulated heavy vehicles; or

(b)a place at which a fatigue-regulated heavy vehicle may be safely and lawfully parked.

supervisory intervention order has the meaning given by section 600(1).

supplementary record, for the purposes of Chapter 6, has the meaning given by section 221.

tamper—

(a)with an emission control system, for the purposes of section 91, has the meaning given by that section; or

(b)with a plate or label, for the purposes of section 87A, has the meaning given by that section; or

(c)with a speed limiter, for the purposes of section 93, has the meaning given by that section; or

(d)with an approved electronic recording system, for the purposes of Chapter 6, has the meaning given by section 334; or

(e)with an approved intelligent transport system, for the purposes of Chapter 7, has the meaning given by section 403.

tandem axle group means a group of at least 2 axles, in which the horizontal distance between the centre-lines of the outermost axles is at least 1m but not more than 2m.

TCA means Transport Certification Australia Limited ACN 113 379 936.

Territory means the Australian Capital Territory or the Northern Territory.

the State means the Crown in right of this jurisdiction, and includes—

(a)the Government of this jurisdiction; and

(b)a Minister of the Crown in right of this jurisdiction; and

(c)a statutory corporation, or other entity, representing the Crown in right of this jurisdiction.

third edition ADR means—

(a)a national standard under section 7 of the Motor Vehicle Standards Act 1989; or

(b)a national road vehicle standard under section 12 of the Road Vehicle Standards Act 2018.

third party insurance legislation means—

(a)legislation about compensation for third parties who are injured or killed by the use of motor vehicles or trailers; or

(b)legislation about payment of contributions towards compensation of that kind; or

(c)legislation requiring public liability insurance.

this jurisdiction see the law of each participating jurisdiction for the meaning of this term.

this Law means—

(a)this Law as it applies as a law of a participating jurisdiction; or

(b)a law of a participating jurisdiction that—

(i)substantially corresponds to the provisions of this Law; or

(ii)

is prescribed by the national regulations for the purposes of paragraph (a)(iii) of the definition participating jurisdiction.

Note—

See also section 11.

tow truck means—

(a)a heavy motor vehicle that is—

(i)equipped with a crane, winch, ramp or other lifting device; and

(ii)used or intended to be used for the towing of motor vehicles; or

(b)a heavy motor vehicle to which is attached, temporarily or otherwise, a trailer or device that is—

(i)equipped with a crane, winch, ramp or other lifting device; and

(ii)used or intended to be used for the towing of motor vehicles.

tractor means a motor vehicle used for towing purposes, other than—

(a)a motor vehicle designed to carry goods or passengers; or

(b)a tow truck.

traffic includes vehicular traffic, pedestrian traffic and all other forms of road traffic.

trailer means a vehicle that is built to be towed, or is towed, by a motor vehicle, but does not include a motor vehicle being towed.

transport activities means activities, including business practices and making decisions, associated with the use of a heavy vehicle on a road, including, for example—

(a)contracting, directing or employing a person—

(i)to drive the vehicle; or

(ii)to carry out another activity associated with the use of the vehicle (such as maintaining or repairing the vehicle); or

(b)consigning goods for transport using the vehicle; or

(c)scheduling the transport of goods or passengers using the vehicle; or

(d)packing goods for transport using the vehicle; or

(e)managing the loading of goods onto or unloading of goods from the vehicle; or

(f)loading goods onto or unloading goods from the vehicle; or

(g)receiving goods unloaded from the vehicle.

transport documentation means each of the following—

(a)each contractual document directly or indirectly associated with—

(i)a transaction for the actual or proposed road transport of goods or passengers or any previous transport of the goods or passengers by any transport method; or

(ii)goods or passengers, to the extent the document is relevant to the transaction for their actual or proposed road transport;

(b)each document—

(i)contemplated in a contractual document mentioned in paragraph (a); or

(ii)required by law, or customarily given, in connection with a contractual document or transaction mentioned in paragraph (a).

Examples—

•bill of lading

•consignment note

•container weight declaration

•contract of carriage

•delivery order

•export receival advice

•invoice

•load manifest

•sea carriage document

•vendor declaration

Note—

See the definition document in section 12 of Schedule 1.

travel condition has the meaning given by section 154.

tri-axle group means a group of at least 3 axles, in which the horizontal distance between the centre-lines of the outermost axles is more than 2m but not more than 3.2m.

truck means a rigid motor vehicle built mainly as a load carrying vehicle.

twinsteer axle group means a group of 2 axles—

(a)with single tyres; and

(b)fitted to a motor vehicle; and

(c)connected to the same steering mechanism; and

(d)the horizontal distance between the centre-lines of which is at least 1m but not more than 2m.

two-up driving arrangement, for the purposes of Chapter 6, has the meaning given by section 221.

unattended, for a heavy vehicle, for the purposes of Division 3 of Part 9.3, has the meaning given by section 515.

under, for a law or a provision of a law, includes—

(a)by; and

(b)for the purposes of; and

(c)in accordance with; and

(d)within the meaning of.

unincorporated body includes an unincorporated local government authority, but does not include an unincorporated partnership.

unincorporated local government authority means a local government authority that is not a body corporate.

unload ...

unload and unloader—

A person unloads goods in a heavy vehicle, and is an unloader of goods in a heavy vehicle, if the person is a person who—

(a)unloads from the vehicle, or any container that is in or part of the vehicle, goods that have been transported by road; or

(b)unloads from the vehicle a freight container, whether or not it contains goods, that has been transported by road.

unloader ...

unregistered heavy vehicle means a heavy vehicle that is not registered.

unregistered heavy vehicle permit means a permit granted or issued under an Australian road law authorising the use of an unregistered heavy vehicle on a road.

use, a heavy vehicle on a road, includes standing the vehicle on the road.

vehicle condition has the meaning given by section 154.

vehicle defect notice means a major defect notice, minor defect notice or self-clearing defect notice.

vehicle identifier, for the purposes of Division 6 of Part 9.3, has the meaning given by section 525.

vehicle register ...

vehicle registration duty ...

vehicle registration duty legislation ...

vehicle standards exemption means—

(a)vehicle standards exemption (notice); or

(b)vehicle standards exemption (permit).

vehicle standards exemption (notice) has the meaning given by section 61(2).

vehicle standards exemption (permit) has the meaning given by section 68(2).

VIN (vehicle identification number), for a heavy vehicle, means—

(a)for a heavy vehicle built before 1 January 1989 that has an identification plate, the number quoted on the vehicle’s identification plate that—

(i)uniquely identifies the vehicle and sets it apart from similar vehicles; and

(ii)corresponds to the identification number of the vehicle that is permanently recorded elsewhere on the vehicle; or

(b)for a heavy vehicle built on or after 1 January 1989 that was given an approval under the Motor Vehicle Standards Act 1989 or is given an approval under the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 of the Commonwealth, the unique vehicle identification number assigned to the vehicle—

(i)at the time the vehicle was manufactured, in accordance with a third edition ADR; or

(ii)by the department of government of the Commonwealth in which the Motor Vehicle Standards Act 1989 was previously administered; or

(c)otherwise, the unique number assigned to the heavy vehicle—

(i)at the time the vehicle was manufactured, in accordance with an ADR that is a national road vehicle standard under section 12 of the Road Vehicle Standards Act 2018; or

(ii)by the department of government of the Commonwealth in which the Road Vehicle Standards Act 2018 is administered.

work, in relation to a fatigue-regulated heavy vehicle, has the meaning given by section 221.

work and rest change, for the purposes of Chapter 6, has the meaning given by section 221.

work and rest hours exemption means—

(a)a work and rest hours exemption (notice); or

(b)a work and rest hours exemption (permit).

work and rest hours exemption (notice) has the meaning given by section 266(2).

work and rest hours exemption (permit) has the meaning given by section 273(2).

work and rest hours option, for the purposes of Chapter 6, has the meaning given by section 243.

work diary, for the purposes of Chapter 6, has the meaning given by section 221.

work diary exemption means—

(a)a work diary exemption (notice); or

(b)a work diary exemption (permit).

work diary exemption (notice) has the meaning given by section 357(2).

work diary exemption (permit) has the meaning given by section 363(2).

work record, for the purposes of Chapter 6, has the meaning given by section 221.

work time, for the purposes of Chapter 6, has the meaning given by section 221.

wrecked ...

written-off ...

written work diary, for the purposes of Chapter 6, has the meaning given by section 221.

6   Meaning of heavy vehicle

(1)For the purposes of this Law, a vehicle is a heavy vehicle if it has a GVM or ATM of more than 4.5t.

(2)Also, for the purposes of this Law, a combination that includes a vehicle with a GVM or ATM of more than 4.5t is a heavy vehicle.

(3)However, rolling stock is not a heavy vehicle for the purposes of this Law.

(4)In this section—

rolling stock—

1

Rolling stock is a vehicle designed to operate or move on a railway track and includes a locomotive, carriage, rail car, rail motor, light rail vehicle, tram, light inspection vehicle, self-propelled infrastructure maintenance vehicle, trolley, wagon or monorail vehicle.

2

A vehicle designed to operate both on and off a railway track is rolling stock when the vehicle is being—

(a)operated or moved on a railway track; or

(b)maintained, repaired or modified in relation to the operation or movement of the vehicle on a railway track.

7   Meaning of fatigue-regulated heavy vehicle

(1)For the purposes of this Law, a heavy vehicle is a fatigue-regulated heavy vehicle if it is any of the following—

(a)a motor vehicle with a GVM of more than 12t;

(b)a combination with a GVM of more than 12t;

(c)a fatigue-regulated bus.

(2)However, subject to subsection (3), a heavy vehicle is not a fatigue-regulated heavy vehicle for the purposes of this Law if it is any of the following—

(a)a motor vehicle that—

(i)is built, or has been modified, to operate primarily as a machine or implement off-road, on a road-related area, or on an area of road that is under construction; and

(ii)is not capable of carrying goods or passengers by road;

Examples for the purposes of paragraph (a)—

agricultural machine, backhoe, bulldozer, excavator, forklift, front-end loader, grader, motor vehicle registered under an Australian road law as a special purpose vehicle (type p)

(b)a motorhome.

(3)For the purposes of this Law, a truck, or a combination including a truck, that has a machine or implement attached to it is a fatigue-regulated heavy vehicle—

(a)if the GVM of the truck or combination with the attached machine or implement is more than 12t; and

(b)whether or not the truck or combination has been built or modified primarily to operate as a machine or implement off-road, on a road-related area, or on an area of road that is under construction.

Example for the purposes of subsection (3)—

a truck to which a crane or drilling rig is attached

(4)For the purposes of subsection (2)(b), a motorhome—

(a)is a rigid or articulated motor vehicle or combination that is built, or has been modified, primarily for residential purposes; and

(b)does not include a motor vehicle that is merely a motor vehicle constructed with a sleeper berth.

(5)For the purposes of this section, the GVM of a combination is the total of the GVMs of the vehicles in the combination.

8   Meaning of road and road-related area

(1)For the purposes of this Law, a road is an area that is open to or used by the public and is developed for, or has as 1 of its uses, the driving or riding of motor vehicles.

Examples of areas that are roads—

bridges, cattle grids, culverts, ferries, fords, railway crossings, tunnels or viaducts

(2)For the purposes of this Law, a road-related area is—

(a)an area that divides a road; or

(b)a footpath, shared path or nature strip adjacent to a road; or

(c)a shoulder of a road; or

(d)a bicycle path or another area that is not a road and that is open to the public and designated for use by cyclists or animals; or

(e)an area that is not a road and that is open to, or used by, the public for driving, riding or parking motor vehicles.

(3)Also, an area is a road or road-related area for the purposes of this Law or a particular provision of this Law as applied in a participating jurisdiction, if the area is declared by a law of that jurisdiction to be a road or road-related area for the purposes of this Law or the particular provision.

(4)In this section—

bicycle path means an area open to the public that is designated for, or has as 1 of its main uses, use by riders of bicycles.

footpath means an area open to the public that is designated for, or has as 1 of its main uses, use by pedestrians.

shared path means an area open to the public that is designated for, or has as 1 of its main uses, use by both the riders of bicycles and pedestrians.

shoulder, of a road—

(a)includes any part of the road that is not designed to be used by motor vehicles in travelling along the road; and

(b)includes—

(i)for a kerbed road-any part of the kerb; and

(ii)for a sealed road-any unsealed part of the road, and any sealed part of the road outside an edge line on the road; but

(c)does not include a bicycle path, footpath or shared path.

9   Meaning of convicts and convicted of an offence

(1)For the purposes of this Law, a court convicts a person of an offence if the court finds the person guilty, or accepts the person’s plea of guilty, for the offence whether or not a conviction is recorded.

(8)A statutory instrument may provide for the review of, or a right of appeal against, a decision made under the statutory instrument, or this Law, and may, for that purpose, confer jurisdiction on any court, tribunal, person or body.

(9)A statutory instrument may require a form prescribed by or under the statutory instrument, or information or documents included in, attached to or given with the form, to be verified by statutory declaration.

25   Presumption of validity and power to make

(1)All conditions and preliminary steps required for the making of a statutory instrument are presumed to have been satisfied and performed in the absence of evidence to the contrary.

(2)A statutory instrument is taken to be made under all powers under which it may be made, even though it purports to be made under this Law or a particular provision of this Law.

26   Appointments may be made by name or office

(1)If this Law authorises or requires a person or body—

(a)to appoint a person to an office; or

(b)to appoint a person or body to exercise a power; or

(c)to appoint a person or body to do another thing;

the person or body may make the appointment by—

(d)appointing a person or body by name; or

(e)appointing a particular officer, or the holder of a particular office, by reference to the title of the office concerned.

(2)An appointment of a particular officer, or the holder of a particular office, is taken to be the appointment of the person for the time being occupying or acting in the office concerned.

27   Acting appointments

(1)If this Law authorises a person or body to appoint a person to act in an office, the person or body may, in accordance with this Law, appoint—

(a)a person by name; or

(b)a particular officer, or the holder of a particular office, by reference to the title of the office concerned;

to act in the office.

(2)The appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment.

(3)The appointer may—

(a)determine the terms and conditions of the appointment, including remuneration and allowances; and

(b)terminate the appointment at any time.

(4)The appointment, or the termination of the appointment, must be in, or evidenced by, writing signed by the appointer.

(5)The appointee must not act for more than 1 year during a vacancy in the office.

(6)If the appointee is acting in the office otherwise than because of a vacancy in the office and the office becomes vacant, then, subject to subsection (2), the appointee may continue to act until—

(a)the appointer otherwise directs; or

(b)the vacancy is filled; or

(c)the end of a year from the day of the vacancy;

whichever happens first.

(7)The appointment ceases to have effect if the appointee resigns by writing signed and delivered to the appointer.

(8)While the appointee is acting in the office—

(a)the appointee has all the powers and functions of the holder of the office; and

(b)this Law and other laws apply to the appointee as if the appointee were the holder of the office.

(9)Anything done by or in relation to a person purporting to act in the office is not invalid merely because—

(a)the occasion for the appointment had not arisen; or

(b)the appointment had ceased to have effect; or

(c)the occasion for the person to act had not arisen or had ceased.

(10)If this Law authorises the appointer to appoint a person to act during a vacancy in the office, an appointment to act in the office may be made by the appointer whether or not an appointment has previously been made to the office.

28   Powers of appointment imply certain incidental powers

(1)If this Law authorises or requires a person or body to appoint a person to an office—

(a)the power may be exercised from time to time as occasion requires; and

(b)the power includes—

(i)power to remove or suspend, at any time, a person appointed to the office; and

(ii)power to appoint another person to act in the office if a person appointed to the office is removed or suspended; and

(iii)power to reinstate or reappoint a person removed or suspended; and

(iv)power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and

(v)power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise).

(2)The power to remove or suspend a person under subsection (1)(b) may be exercised even if this Law provides that the holder of the office to which the person was appointed is to hold office for a specified period.

(3)The power to make an appointment under subsection (1)(b) may be exercised from time to time as occasion requires.

(4)An appointment under subsection (1)(b) may be expressed to have effect only in the circumstances specified in the instrument of appointment.

29   Delegation of functions

(1)If this Law authorises a person or body to delegate a function, the person or body may, in accordance with this Law and any other applicable law, delegate the function to—

(a)a person or body by name; or

(b)a specified officer, or the holder of a specified office, by reference to the title of the office concerned.

(2)The delegation may be—

(a)general or limited; and

(b)made from time to time; and

(c)revoked, wholly or partly, by the delegator.

(3)The delegation, or a revocation of the delegation, must be in, or evidenced by, writing signed by the delegator or, if the delegator is a body, by a person authorised by the body for the purpose.

(4)A delegated function may be exercised only in accordance with any conditions to which the delegation is subject.

(5)The delegate may, in the exercise of a delegated function, do anything that is incidental to the delegated function.

(6)A delegated function that purports to have been exercised by the delegate is taken to have been properly exercised by the delegate unless the contrary is proved.

(7)A delegated function that is properly exercised by the delegate is taken to have been exercised by the delegator.

(8)If, when exercised by the delegator, a function is dependent on the delegator’s opinion, belief or state of mind, then, when exercised by the delegate, the function is dependent on the delegate’s opinion, belief or state of mind.

(9)If—

(a)the delegator is a specified officer or the holder of a specified office; and

(b)the person who was the specified officer or holder of the specified office when the delegation was made ceases to be the holder of the office;

then—

(c)the delegation continues in force; and

(d)the person for the time being occupying or acting in the office concerned is taken to be the delegator for the purposes of this section.

(10)If—

(a)the delegator is a body; and

(b)there is a change in the membership of the body;

then—

(c)the delegation continues in force; and

(d)the body as constituted for the time being is taken to be the delegator for the purposes of this section.

(11)If a function is delegated to a specified officer or the holder of a specified office—

(a)the delegation does not cease to have effect merely because the person who was the specified officer or the holder of the specified office when the function was delegated ceases to be the officer or the holder of the office; and

(b)the function may be exercised by the person for the time being occupying or acting in the office concerned.

(12)A function that has been delegated may, despite the delegation, be exercised by the delegator.

(13)The delegation of a function does not relieve the delegator of the delegator’s obligation to ensure that the function is properly exercised.

(14)Subject to subsection (15), this section applies to a subdelegation of a function in the same way as it applies to a delegation of a function.

(15)If this Law authorises the delegation of a function, the function may be subdelegated only if the Law expressly authorises the function to be subdelegated.

30   Exercise of powers between enactment and commencement

(1)If a provision of this Law (the empowering provision) that does not commence on its enactment would, had it commenced, confer a power—

(a)to make an appointment; or

(b)to make a statutory instrument of a legislative or administrative character; or

(c)to do another thing;

then—

(d)the power may be exercised; and

(e)anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect;

before the empowering provision commences.

(2)If a provision of a Queensland Act (the empowering provision) that does not commence on its enactment would, had it commenced, amend a provision of this Law so that it would confer a power—

(a)to make an appointment; or

(b)to make a statutory instrument of a legislative or administrative character; or

(c)to do another thing;

then—

(d)the power may be exercised; and

(e)anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect;

before the empowering provision commences.

(3)If—

(a)this Law has commenced and confers a power to make a statutory instrument (the basic instrument-making power); and

(b)a provision of a Queensland Act that does not commence on its enactment would, had it commenced, amend this Law so as to confer additional power to make a statutory instrument (the additional instrument-making power);

then—

(c)the basic instrument-making power and the additional instrument-making power may be exercised by making a single instrument; and

(d)any provision of the instrument that required an exercise of the additional instrument-making power is to be treated as made under subsection (2).

(4)If an instrument, or a provision of an instrument, is made under subsection (1) or (2) that is necessary for the purpose of—

(a)enabling the exercise of a power mentioned in the subsection; or

(b)bringing an appointment, instrument or other thing made or done under such a power into effect;

the instrument or provision takes effect—

(c)on the making of the instrument; or

(d)on such later day (if any) on which, or at such later time (if any) at which, the instrument or provision is expressed to take effect.

(5)If—

(a)an appointment is made under subsection (1) or (2); or

(b)an instrument, or a provision of an instrument, made under subsection (1) or (2) is not necessary for a purpose mentioned in subsection (4);

the appointment, instrument or provision takes effect—

(c)on the commencement of the relevant empowering provision; or

(d)on such later day (if any) on which, or at such later time (if any) at which, the appointment, instrument or provision is expressed to take effect.

(6)Anything done under subsection (1) or (2) does not confer a right, or impose a liability, on a person before the relevant empowering provision commences.

(7)After the enactment of a provision mentioned in subsection (2) but before the provision’s commencement, this section applies as if the references in subsections (2) and (5) to the commencement of the empowering provision were references to the commencement of the provision mentioned in subsection (2) as amended by the empowering provision.

(8)In the application of this section to a statutory instrument, a reference to the enactment of the instrument is a reference to the making of the instrument.

Part 5    Distance, time and age

31   Matters relating to distance, time and age

(1)In the measurement of distance for the purposes of this Law, the distance is to be measured along the shortest road ordinarily used for travelling.

(2)If a period beginning on a given day, act or event is provided or allowed for a purpose by this Law, the period is to be calculated by excluding the day, or the day of the act or event, and—

(a)if the period is expressed to be a specified number of clear days or at least a specified number of days—by excluding the day on which the purpose is to be fulfilled; and

(b)in any other case—by including the day on which the purpose is to be fulfilled.

(3)If the last day of a period provided or allowed by this Law for doing anything is not a business day in the place in which the thing is to be or may be done, the thing may be done on the next business day in the place.

(4)If the last day of a period provided or allowed by this Law for the filing or registration of a document is a day on which the office is closed where the filing or registration is to be or may be done, the document may be filed or registered at the office on the next day that the office is open.

(5)If no time is provided or allowed for doing anything, the thing is to be done as soon as possible, and as often as the prescribed occasion happens.

(6)If, in this Law, there is a reference to time, the reference is, in relation to the doing of anything in a jurisdiction, a reference to the legal time in the jurisdiction.

(7)For the purposes of this Law, a person attains an age in years at the beginning of the person’s birthday for the age.

Part 6    Effect of repeal, amendment or expiration

32   Time of Law ceasing to have effect

If a provision of this Law is expressed—

(a)to expire on a specified day; or

(b)to remain or continue in force, or otherwise have effect, until a specified day;

the provision has effect until the last moment of the specified day.

33   Repealed Law provisions not revived

If a provision of this Law is repealed or amended by a Queensland Act, or a provision of a Queensland Act, the provision is not revived merely because the Queensland Act or the provision of the Queensland Act—

(a)is later repealed or amended; or

(b)later expires.

34   Saving of operation of repealed Law provisions

(1)The repeal, amendment or expiry of a provision of this Law does not—

(a)revive anything not in force or existing at the time the repeal, amendment or expiry takes effect; or

(b)affect the previous operation of the provision or anything suffered, done or begun under the provision; or

(c)affect a right, privilege or liability acquired, accrued or incurred under the provision; or

(d)affect a penalty incurred in relation to an offence arising under the provision; or

(e)affect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty.

(2)Any such penalty may be imposed and enforced, and any such investigation, proceeding or remedy may be begun, continued or enforced, as if the provision had not been repealed or amended or had not expired.

35   Continuance of repealed provisions

If a Queensland Act repeals some provisions of this Law and enacts new provisions in substitution for the repealed provisions, the repealed provisions continue in force until the new provisions commence.

36   Law and amending Acts to be read as one

This Law and all Queensland Acts amending this Law are to be read as one.

Part 7    Instruments under Law

37   Schedule applies to statutory instruments

(1)This Schedule applies to a statutory instrument, and to things that may be done or are required to be done under a statutory instrument, in the same way as it applies to this Law, and things that may be done or are required to be done under this Law, except so far as the context or subject matter otherwise indicates or requires.

(2)The fact that a provision of this Schedule refers to this Law and not also to a statutory instrument does not, by itself, indicate that the provision is intended to apply only to this Law.

Part 8    Application to coastal waters

38   Application

This Law has effect in and in relation to the coastal waters of this jurisdiction as if the coastal waters were part of this jurisdiction.

Schedule 2 Subject matter for conditions of mass or dimension authorities

sections 119, 125 and 146

1the maximum permissible mass of a heavy vehicle, a heavy vehicle together with its load, or a component of a heavy vehicle, being used on a road

2the maximum permissible dimensions of a heavy vehicle (including its equipment), or a component or load of a heavy vehicle, being used on a road

3the configuration of a heavy vehicle

4the types of loads a heavy vehicle may carry

5the use of signs and warning devices

6the use of a pilot vehicle or escort vehicle

7the times when a heavy vehicle may be used on a road

8the maximum speed at which a heavy vehicle may be driven on a road

9requirements about monitoring the movement of a heavy vehicle

10the use of stated technology to—

(a)ensure the safe use of a heavy vehicle; or

(b)ensure a heavy vehicle will not cause damage to road infrastructure; or

(c)minimise the adverse effect of the use of a heavy vehicle on public amenity

Schedule 3 Reviewable decisions

section 640, definition reviewable decision

Part 1    Decisions of Regulator

Section under which decision made	Description of decision
section 22	decision of Regulator not to grant a PBS design approval
section 22	decision of Regulator to impose a condition in relation to a PBS design approval, except to the extent the decision relates to a condition imposed as a result of a ministerial notice under section 21
section 23	decision of Regulator not to grant a PBS vehicle approval
section 23	decision of Regulator to impose a condition in relation to a PBS vehicle approval, except to the extent the decision relates to a condition imposed as a result of a ministerial notice under section 21
section 68	decision of Regulator not to grant a vehicle standards exemption (permit)
section 68	decision of Regulator to grant a vehicle standards exemption (permit) for a period less than the period of not more than 3 years sought by the applicant
section 71	decision of Regulator to impose on a vehicle standards exemption (permit) a condition not sought by the applicant
section 75	decision of Regulator not to make a decision sought in an application for amendment or cancellation of a vehicle standards exemption (permit)
section 76	decision of Regulator to amend or cancel a vehicle standards exemption (permit)
section 77	decision of the Regulator to immediately suspend a vehicle standards exemption (permit)
section 80	decision of Regulator not to give a replacement permit for a vehicle standards exemption (permit)
section 122	decision of Regulator not to grant a mass or dimension exemption (permit) other than because a relevant road manager for the exemption did not consent to the grant
section 122	decision of Regulator to grant a mass or dimension exemption (permit) for a period less than the period of not more than 3 years sought by the applicant
section 125	decision of Regulator to impose on a mass or dimension exemption (permit) a condition not sought by the applicant and not a road condition or travel conditions required by a relevant road manager for the exemption
section 143	decision of Regulator not to grant a class 2 heavy vehicle authorisation (permit) other than because a relevant road manager for the authorisation did not consent to the grant
section 143	decision of Regulator to grant a class 2 heavy vehicle authorisation (permit) for a period less than the period of not more than 3 years sought by the applicant
section 146	decision of Regulator to impose on a class 2 heavy vehicle authorisation (permit) a condition not sought by the applicant and not a road condition or travel condition required by a relevant road manager for the authorisation
section 176	decision of Regulator not to make a decision sought in an application for amendment of a mass or dimension authority granted by giving a person a permit
section 177	decision of Regulator to amend or cancel a mass or dimension authority granted by giving a person a permit, other than at the request of a relevant road manager
section 179	decision of Regulator to immediately suspend a mass or dimension authority granted by giving a person a permit
section 182	decision of Regulator not to give a replacement permit for a mass or dimension authority
section 273	decision of Regulator not to grant a work and rest hours exemption (permit)
section 273	decision of Regulator to grant a work and rest hours exemption (permit) that does not cover all of the drivers sought by the applicant
section 273	decision of Regulator to grant a work and rest hours exemption (permit) setting maximum work times or minimum rest times different to the maximum work times or minimum rest times sought by the applicant
section 273	decision of Regulator to grant a work and rest hours exemption (permit) for a period less than the period of not more than 3 years sought by the applicant
section 276	decision of Regulator to impose on a work and rest hours exemption (permit) a condition not sought by the applicant
section 280	decision of Regulator not to make a decision sought in an application for the amendment or cancellation of a work and rest hours exemption (permit)
section 281	decision of Regulator to amend or cancel a work and rest hours exemption (permit)
section 282	decision of Regulator to immediately suspend a work and rest hours exemption (permit)
section 285	decision of Regulator not to give a replacement permit for a work and rest hours exemption (permit)
section 343	decision of Regulator not to grant an electronic recording system approval
section 343	decision of Regulator to impose on an electronic recording system approval a condition not sought by the applicant
section 351	decision of Regulator not to make a decision sought in an application for amendment or cancellation of an electronic recording system approval
section 352	decision of Regulator to amend or cancel an electronic recording system approval
section 363	decision of Regulator not to grant a work diary exemption (permit)
section 363	decision of Regulator to grant a work diary exemption (permit) for a period less than the period of not more than 3 years sought by the applicant
section 366	decision of Regulator to impose on a work diary exemption (permit) a condition not sought by the applicant
section 370	decision of Regulator not to make a decision sought in an application for the amendment or cancellation of a work exemption (permit)
section 371	decision of Regulator to amend or cancel a work diary exemption (permit)
section 374	decision of Regulator not to give a replacement permit for work diary exemption (permit)
section 379	decision of Regulator to impose a condition on a fatigue record keeping exemption (notice)
section 383	decision of Regulator to grant a fatigue record keeping exemption (permit) in a way that does not cover all the drivers sought by the applicant
section 383	decision of Regulator to grant a fatigue record keeping exemption (permit) setting conditions different from those sought by the applicant
section 385	decision of Regulator to impose a condition on a fatigue record keeping exemption (permit)
section 387	decision of Regulator to give a fatigue record keeping exemption (permit) for a period less than the period of not more than 3 years sought by the applicant
section 388	decision of Regulator not to grant a fatigue record keeping exemption (permit)
section 389	decision of Regulator not to make a decision sought in an application for amendment or cancellation of a fatigue record keeping exemption (permit)
section 390	decision of Regulator to amend or cancel a fatigue record keeping exemption (permit)
section 393	decision of Regulator not to give a replacement fatigue record keeping exemption permit
section 458	decision of Regulator not to grant a heavy vehicle accreditation
section 458	decision of Regulator to grant a heavy vehicle accreditation for a period less than the period of not more than 3 years sought by the applicant
section 458	decision of Regulator to grant an AFM accreditation setting maximum work times and minimum rest times different to the maximum work times and minimum rest times sought by the applicant
section 462(2)	decision of Regulator to impose on a heavy vehicle accreditation a condition not sought by the applicant
section 472	decision of Regulator not to make a decision sought in an application for amendment or cancellation of a heavy vehicle accreditation
section 473	decision of Regulator to amend, suspend or cancel a heavy vehicle accreditation
section 474	decision of Regulator to immediately suspend a heavy vehicle accreditation
section 477	decision of Regulator not to give a replacement accreditation certificate
section 561	decision of Regulator that a thing or sample is forfeited to the Regulator

Part 2    Decisions of authorised officers

Section under which decision made

Description of decision

section 572

decision of an authorised officer who is not a police officer to give a person an improvement notice

sections 572 and 574

decision of an authorised officer who is not a police officer to amend an improvement notice given to a person

section 576A

decision of an authorised officer who is not a police officer to give a person a prohibition notice

section 576A

decision of an authorised officer who is not a police officer to amend a prohibition notice given to a personNote—

Section 23 of Schedule 1 allows for the amendment of a prohibition notice.

Part 3    Decisions of relevant road managers

Section under which decision made	Description of decision
section 156A	decision of a relevant road manager for a mass or dimension authority, that is a public authority, not to consent to the grant of the authority
section 160	decision of a relevant road manager for a mass or dimension authority, that is a public authority, to consent to the grant of the authority subject to a condition that a road condition be imposed on the authority
section 161	decision of a relevant road manager for a mass or dimension authority, that is a public authority, to consent to the grant of the authority subject to a condition that a travel condition be imposed on the authority
section 174	decision of a relevant road manager for a mass or dimension authority (granted by Commonwealth Gazette notice), that is a public authority, to request the authority be amended or cancelled
section 178	decision of a relevant road manager for a mass or dimension authority (granted by giving a person a permit), that is a public authority, to request the authority be amended or cancelled

Schedule 4 Liability provisions

sections 636, 637 and 638

The provisions specified in column 2 of the following table are specified for the purposes of sections 636(1), 637(4) and 638(4).

Column 1	Column 2
Section ofthis Law	Provision specified for sections 636(1), 637(4) and 638(4)
26E	26E(1), 26E(2)
60	60(1)
79	79(2)
81	81(1), 81(2), 81(3)
85	85(2)
87A	87A(1)
89	89(1)
93	93(1), 93(2), 93(3)
129	129(1), 129(2), 129(3)
130	130(3)
137	137
150	150(1)
153A	153A(1)
181	181(3)
185	185(1), 185(2)
186	186(2), 186(3), 186(4), 186(5)
187	187(2), 187(3)
190	190(1)
191	191(1), 191(3)
193	193(2)
264	264(2)
284	284(2)
286	286(1)
310	310(2)
311	311(2)
312	312(2)
313	313(2), 313(3)
314	314(3)
315	315(1)
319	319(1)
321	321(1), 321(3)
322	322(4)
323	323(3)
324	324(2)
324A	324A(2)
327	327
328	328
329	329
330	330(1)
331	331
332	332
335	335(1)
336	336(1)
336A	336A(1)
337	337(2)
341	341(1), 341(2), 341(3), 341(5)
347	347
354	354(3), 354(5)
355	355(2), 355(4), 355(6)
373	373(2)
375	375
396	396(2)
398	398(2)
399	399(2)
404	404(1), 404(4)
405	405(1)
406	406(1), 406(2)
417	417
422	422(2)
423	423(1)
424	424(1), 424(3)
451	451
452	452
453	453(1), 453(2)
454	454(1), 454(2)
467	467
470	470(2), 470(3), 470(4), 470(5), 470(6)
471	471(2)
476	476(2)
478	478(1), 478(2), 478(3), 478(4)
514	514(3)
516	516(3)
517	517(4)
528	528(3)
529	529
533	533(7)
534	534(5)
535	535(5)
553	553(3)
558	558(1), 558(3)
559	559(3), 559(4), 559(5)
567	567(4)
568	568(7)
569	569(2), 569(7)
570	570(3)
570A	570A(5)
573	573(1)
576C	576C
577	577(4)
590B	590B(2)
604	604
610	610
699	699(1), 699(2)
700	700(4)
702	702(1), 702(3)
703	703(1), 703(2)
704	704(1), 704(2), 704(3)
728	728(1)
728A	728A(1)
729	729(1), 729(3)
729A	729A(1), 729A(2)