Heavy Vehicles Legislation Amendment Act 2015 (Vic)

Heavy Vehicles Legislation Amendment Act 2015

No. 45 of 2015

table of provisions

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

Part 2—Heavy Vehicle National Law Application Act 2013

3Persons who may commence proceedings for offences

4New section 36A inserted

Part 3—Road Safety Act 1986

5Application of the Heavy Vehicle National Law (Victoria)—fatigue management of drivers of light buses

6New section 191BA inserted

7New sections 191G and 191H inserted

Part 4—Repeal of amending Act

8Amending Act repealed

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Endnotes

1      General information

Heavy Vehicles Legislation Amendment Act 2015

No. 45 of 2015

[Assented to 22 September 2015]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purpose

The main purpose of this Act is—

(a)to amend the Heavy Vehicle National Law Application Act 2013 to make provision for evidence of the mass of a heavy vehicle; and

(b)to amend the Road Safety Act 1986—

(i)to apply provisions of the Heavy Vehicle National Law (Victoria) in respect of the fatigue management of drivers of light buses; and

(ii)to provide for an exception to those applied provisions in relation to drivers of light buses in certain circumstances.

2Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

Part 2—Heavy Vehicle National Law Application Act 2013

3Persons who may commence proceedings for offences

In section 31(1) of the Heavy Vehicle National Law Application Act 2013—

(a)in paragraph (ba), for "member of the force" substitute "police officer";

(b)in paragraph (e), for "member of the force" substitute "police officer".

4New section 36A inserted

After section 36 of the Heavy Vehicle National Law Application Act 2013 insert—

"36A   Evidence of mass

(1)In a proceeding for an offence against the Heavy Vehicle National Law (Victoria) or the national regulations, the mass carried on any axle of a heavy vehicle as determined by a prescribed device when tested, sealed and used in the prescribed manner is, after due allowance of the prescribed limits of error, proof, in the absence of evidence to the contrary, of the mass.

(2)Without prejudice to any other method of determining the mass of a heavy vehicle or of its load or of both, the mass of the load of any heavy vehicle carrying passengers may, for the purposes of the Heavy Vehicle National Law (Victoria) or the national regulations, be calculated on the basis that the mass of 16 adult passengers is 1 tonne.

(3)In this section—

prescribed means prescribed in regulations made under the Road Safety Act 1986 for the purposes of section 82 of that Act.".

Part 3—Road Safety Act 1986

5Application of the Heavy Vehicle National Law (Victoria)—fatigue management of drivers of light buses

(1)In section 191B of the Road Safety Act 1986, for "a light bus" substitute "the fatigue management of the driver of a light bus".

(2)For section 191B(a) of the Road Safety Act 1986 substitute—

"(a)subject to section 191BA, Chapter 6;".

(3)After section 191B(a) of the Road Safety Act 1986 insert—

"(ab)Division 8 of Part 9.3;

(ac)Division 5 of Part 9.4;

(ad)Parts 10.1 and 10.2 (except section 592(2)(d));".

(4)In section 191B(b) of the Road Safety Act 1986, for "653(g)" substitute "653(1)(g)".

6New section 191BA inserted

After section 191B of the Road Safety Act 1986 insert—

"191BA   Exemption of person carrying out certain duties driving a light bus

The exemption from Chapter 6 of the Heavy Vehicle National Law (Victoria) provided for in section 7 of the Heavy Vehicle National Law Application Act 2013 in respect of a person carrying out certain duties extends and applies to the driver of a light bus in the course of carrying out duties in the circumstances specified in that section.".

7New sections 191G and 191H inserted

After section 191F of the Road Safety Act 1986 insert—

"191G   Meaning of this Law

Parts 10.1 and 10.2 of the Heavy Vehicle National Law (Victoria) as applied under section 191B(ad), apply as if a reference to this Law in those provisions were a reference to a provision as applied under section 191B.

191HMeaning of authorised officer

The provisions of the Heavy Vehicle National Law (Victoria) as applied under section 191B apply as if a reference to an authorised officer were a reference to an inspector.".

Part 4—Repeal of amending Act

8Amending Act repealed

This Act is repealed on 1 August 2017.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 19 August 2015

Legislative Council: 3 September 2015

The long title for the Bill for this Act was "A Bill for an Act to amend the Heavy Vehicle National Law Application Act 2013, the Road Safety Act 1986 and for other purposes."