Interstate Road Transport Amendment Regulations 1999 (No. 1) (Cth)

Interstate Road Transport Amendment Regulations 1999 (No. 1)

Statutory Rules 1999No. 11

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations under theInterstate Road Transport Act 1985.

Dated 4 February 1999.

WILLIAM DEANE

Governor-General

By His Excellency’s Command,

JOHN Anderson

Minister for Transport and Regional Services

Interstate Road Transport Amendment Regulations 1999 (No. 1)1

Statutory Rules 1999No. 112

made under the

Interstate Road Transport Act 1985

   

Contents

Page

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1Name of regulations

 These regulations are the Interstate Road Transport Amendment Regulations 1999 (No. 1).

2Commencement

 These regulations commence on gazettal.

3Amendment of Interstate Road Transport Regulations

Schedule 1 amends the Interstate Road Transport Regulations.

Schedule 1Amendments

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 (regulation 3)

[1]Regulation 1

substitute

1Name of regulations

 These regulations are the Interstate Road Transport Regulations 1986.

[2]Part II, Division 1, heading

substitute

Division 1Requirements for paragraphs 13 (1) (a) and (b) of the Act

[3]After regulation 5B, in Part II, Division 1

insert

5CExceeding speed limit

• (1)

  For paragraph 13 (1) (b) of the Act, subregulation (2) applies if a letter has been sent to the owner of a

  heavy goods vehicle or heavy omnibus under subregulation (4).

• (2)

  The owner must cause the vehicle or omnibus not to be driven at an excessive speed more than twice in the period of 3 years starting on the day of the incident for which the letter was sent.

Note   A Registration Authority may, in accordance with the regulations, cancel or suspend the registration of the vehicle or omnibus if the owner has not complied with subregulation (2) — see Act, s 11.

• (3)

  This regulation does not affect a requirement of a State that a heavy goods vehicle or heavy omnibus must not exceed a speed limit.

• (4)

  The first time in any period of 3 years that a heavy goods vehicle or heavy omnibus is driven at excessive speed, the relevant Registration Authority may send to the owner of the vehicle or omnibus a letter that sets out the effect of this regulation.

• (5)

  The second time in any period of 3 years that a heavy goods vehicle or heavy omnibus is driven at excessive speed, if a letter has been sent under subregulation (4), the relevant Registration Authority may:

  • (a)

    for a speed-limited vehicle or omnibus — require the owner of the vehicle or omnibus to demonstrate that it complies with Australian Design Rule 65/00; or

  • (b)

    for a non-speed-limited vehicle or omnibus — require the owner of the vehicle or omnibus to modify it so that it complies with Australian Design Rule 65/00 as if the Design Rule applied to it.

• (6)

  The third time in any period of 3 years that a non‑speed-limited heavy goods vehicle or heavy omnibus is driven at excessive speed, if a requirement has been made under paragraph (5) (b), the relevant Registration Authority may require the owner of the vehicle or omnibus to demonstrate that it complies with Australian Design Rule 65/00 as if the Design Rule applied to it.

• (7)

  In this regulation:

excessive speed, for a heavy goods vehicle or heavy omnibus, means a speed 15 km/h or more over the speed limit applying to it.

heavy goods vehicle and heavy omnibus have the meanings given by Determination No. 1 of 1997 made under section 7 of the Motor Vehicle Standards Act 1989 and gazetted on 24 April 1997, in force from time to time.

non-speed-limited vehicle or omnibus means a heavy goods vehicle or heavy omnibus to which regulation 5A does not apply.

speed-limited vehicle or omnibus means a heavy goods vehicle or heavy omnibus to which regulation 5A applies.

[4]Regulation 14

substitute

14Exemption from inspection

• (1)

  For paragraph 13 (1) (b) of the Act, a motor vehicle or trailer is exempt from inspection if paragraph 27 (a) applies.

• (2)

  For paragraph 13 (1) (b) of the Act, a motor vehicle or trailer is exempt from inspection for an application for renewal of registration if the person mentioned in subregulation 13 (1):

  • (a)

    is accredited under an approved maintenance management compliance assurance scheme; and

  • (b)

    presents to the Registration Authority evidence of accreditation under the scheme when renewing registration; and

  • (c)

    has nominated the motor vehicle or trailer to be included in the scheme.

• (3)

  Subregulation (2) does not apply to an inspection for an alteration or modification of a registered motor vehicle or trailer.

• (4)

  For paragraph (2) (a), the Minister may approve a maintenance management compliance assurance scheme that:

  • (a)

    ensures that a person’s motor vehicles or trailers are maintained in a safe and roadworthy condition that complies with these regulations; and

  • (b)

    has a procedure to be followed if the scheme is breached, including provision for penalties.

• (5)

  An approval under subregulation (4) must be published in the Gazette.

• (6)

  Application may be made to the Administrative Appeals Tribunal for review of a decision of the Minister under subregulation (4).

• (7)

  In subregulation (6):

decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.

Notes

1. These regulations amend Statutory Rules 1986 No. 291, as amended by 1986 No. 386; 1987 No. 141; 1988 No. 152; 1990 Nos. 144 and 435; 1991 No. 343; 1992 No. 350; 1994 Nos. 94 and 255; 1995 Nos. 5 and 151; 1996 No. 250.

2. Made by the Governor-General on 4 February 1999, and notified in the Commonwealth of Australia Gazette