Interstate Road Transport Act 1985

Overview

The Interstate Road Transport Act 1985 was enacted to regulate the carriage of passengers and goods by road between Australian States and the Australian Capital Territory. The Act was introduced to address the need for a consistent regulatory framework to govern interstate road transport, ensuring safety, efficiency, and fair competition in the industry. The legislation was passed by the Commonwealth Parliament and received Royal Assent on 22 November 1985. The primary objective of the Interstate Road Transport Act 1985 is to facilitate the free flow of trade, commerce, and intercourse among the States by establishing a standardised system for the registration, licensing, and monitoring of vehicles engaged in interstate road transport. This includes provisions for the registration of motor vehicles and trailers, the licensing of operators, the imposition of road transport charges, and the establishment of an Interstate Road Transport Account to fund road maintenance. The Act also includes measures to ensure road safety, such as the regulation of vehicle mass limits, the operation of B-doubles, and the installation of monitoring devices. Additionally, the Interstate Road Transport Act 1985 provides for the enforcement of compliance with its provisions, including the power to stop and search vehicles, and the ability to impose penalties for non-compliance.

Scope and Application

The Interstate Road Transport Act 1985 applies to the carriage of passengers or goods between prescribed places or for any purpose that is incidental to carriage of that kind, involving motor vehicles and trailers used for interstate road transport. It applies to the Commonwealth and the states, including the Australian Capital Territory and the Northern Territory. The Act binds the Crown in right of the Commonwealth and of each state in so far as the Crown carries on a business, either directly or by an authority of the Commonwealth or by an authority of a state, but does not make the Crown liable to prosecution for an offence. The Act does not apply to the exclusion of a state law, unless the state law requires a vehicle registered under the Act to be registered under state law, requires compliance with inconsistent requirements, or requires a person to hold a state licence or other authority to carry on long distance interstate road transport business. The Act extends to the regulation of the operation of B-doubles, including prohibitions on the operation of B-doubles on roads that are not federal routes, and conditions for the operation of B-doubles on federal routes. The Act also provides for the registration of interstate motor vehicles and trailers, the collection of interstate road transport charges, and the establishment of the Interstate Road Transport Account. The Act includes provisions for the appointment of Licensing Authorities and Registration Authorities, the imposition of penalties for offences, and the administration of the Act through subordinate instruments.

Key Provisions

• The Interstate Road Transport Act 1985 (the Act) governs the carriage of goods and passengers by road between Australian States and Territories. The Act primarily regulates the registration of motor vehicles and trailers for interstate road transport, and the licensing of operators involved in long distance interstate road transport. The Act also establishes provisions for the collection of interstate road transport charges, and the monitoring of motor vehicles and trailers.
• The key sections of the Act include:
• - Section 8: This section mandates that motor vehicles and trailers used for the carriage of goods and passengers between States or for purposes incidental to such carriage must be registered. The owner of the vehicle must be the registered owner, and the registration must be under the Act or a State law.
• - Section 9: This section outlines the process for registering motor vehicles and trailers. It details the requirements and conditions that must be met for registration, including compliance with safety standards, payment of fees, and inspection of the vehicle.
• - Section 10: This section prohibits the use of unregistered or sub-standard vehicles and trailers on roads for interstate carriage, with penalties for non-compliance.
• - Section 11: This section grants the authority to cancel or suspend the registration of motor vehicles and trailers that do not meet safety standards or other regulatory requirements.
• - Section 25: This section prohibits carrying on long distance interstate road transport business without a federal or State operator’s licence. It includes provisions for the application and grant of federal operator’s licences.
• - Section 26: This section provides for the grant of federal operator’s licences to applicants who meet the specified criteria and pay the required fee.
• - Section 27: This section allows for the disqualification of individuals from participating in long distance interstate transport business if they are found to have contravened safety provisions or if it is in the public interest to do so.
• - Section 36: This section mandates the fitting of standard monitoring devices on registered motor vehicles as per the regulations.
• - Section 39: This section imposes obligations on the owner of a registered motor vehicle fitted with a standard monitoring device to maintain the device and keep records.
• - Section 40: This section criminalises acts that result in the destruction, damage, or tampering of a monitoring device, with a penalty of 10 penalty units.
• - Section 44: This section provides police officers and inspectors with the authority to stop and search motor vehicles and trailers if they suspect a contravention of the Act or regulations, with specified powers and conditions.
• The Act imposes several obligations on parties and entities it governs, including:
• - Owners of motor vehicles and trailers must register them and ensure they meet safety and regulatory requirements.
• - Operators of long distance interstate road transport businesses must hold the appropriate federal or State operator’s licence.
• - Owners of registered motor vehicles must maintain monitoring devices and keep related records as required by the regulations.
• Breach of the Act’s provisions can result in both civil and criminal consequences, including fines and imprisonment. For example:
• - Driving an unregistered or sub-standard vehicle or trailer can result in a penalty of up to 10 penalty units for an individual or imprisonment for one year.
• - Operating a B-double in breach of the regulations can result in a penalty of up to 40 penalty units.
• - Damaging or tampering with a monitoring device can result in a penalty of up to 10 penalty units.
• In summary, the Interstate Road Transport Act 1985 regulates the registration and operation of motor vehicles and trailers for interstate transport, and the licensing of long distance interstate road transport operators. It imposes obligations on owners and operators to comply with safety standards and registration requirements, and provides for penalties for non-compliance.

Legal classification tags

Area of Law

Commercial Law

Environmental Law

Transport Law

Instrument

Act

Concepts

Definitions & Interpretation

Regulatory Standards

Reporting & Disclosure Obligations

Offence Provisions

Enforcement Powers

Monitoring & Compliance