Interstate Road Transport Amendment Regulations 2001 (No. 1) (Cth)

Interstate Road Transport Amendment Regulations 2001 (No. 1)1

Statutory Rules 2001 No. 152

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 the Interstate Road Transport Act 1985.

Dated 6 February 2001

WILLIAM DEANE

Governor-General

By His Excellency’s Command

IAN MACDONALD

Minister for Regional Services, Territories

and Local Government

1Name of Regulations

 These Regulations are the Interstate Road Transport Amendment Regulations 2001 (No. 1).

2Commencement

 These Regulations commence on gazettal.

3Amendment of Interstate Road Transport Regulations 1986

Schedule 1 amends the Interstate Road Transport Regulations 1986.

Schedule 1Amendments

  

(regulation 3)

[1]Subregulation 5C (2), note 

substitute

Note A Registration Authority may, in accordance with these Regulations, suspend the registration of a vehicle for up to 3 months if the owner has not complied with subregulation (2) — see section 11 of the Act and regulation 23A.

[2]Subregulations 5C (4), (5) and (6)

omit

the relevant Registration Authority

insert

a Registration Authority

[3]After regulation 5C

insert

5DContravention of road transport laws

• (1)

  If a Registration Authority is reasonably satisfied that a motor vehicle has been driven in contravention of a road transport law, the Registration Authority may send to the owner of the motor vehicle a letter that sets out the effect of this regulation.

• (2)

  A letter mentioned in subregulation (1) must include details of the contravention.

• (3)

  For paragraph 13 (1) (b) of the Act, subregulation (4) applies if a letter has been sent to the owner of a motor vehicle under subregulation (1).

• (4)

  The owner must cause the motor vehicle not to be driven in contravention of a road transport law more than 3 times (including the contravention for which the letter was sent) in the period of 3 years starting on the day of the contravention for which the letter was sent.

Note A Registration Authority may, in accordance with these Regulations, suspend the registration of a vehicle for up to 3 months if the owner has not complied with subregulation (4) — see section 11 of the Act and regulation 23A.

• (5)

  For subregulation (4), each contravention may be of the same road transport law or of a different road transport law.

• (6)

  In this regulation:

motor vehicle means a motor vehicle registered under the Act.

road transport law means a law of the Commonwealth or of a State that regulates any of the following:

• (a)

  driving hours;

• (b)

  driving speed;

• (c)

  use of vehicle lights;

• (d)

  safe distances between vehicles while driving;

• (e)

  driving of vehicles within a lane on a road;

• (f)

  obscuring or damaging of a registration plate.

[4]Subregulation 23A (1)

substitute

• (1)

  For section 11 of the Act, a Registration Authority may cancel or suspend the registration of a motor vehicle or trailer in accordance with this regulation.

• (1A)

  However, a Registration Authority may not cancel the registration of a motor vehicle for a contravention of subregulation 5C (2) or 5D (4).

• (1B)

  If the owner of a motor vehicle contravenes subregulation 5C (2) or 5D (4), a Registration Authority may suspend the registration of the motor vehicle for up to 3 months.

• (1C)

  The Registration Authority that cancelled or suspended the registration of a motor vehicle or trailer must send a written notice of the cancellation or suspension to the owner of the motor vehicle or trailer.

[5]After regulation 23A

insert

23AACancellation or suspension of registration by a Registration Authority other than the relevant Registration Authority

• (1)

  For subsections 11 (1) and (2) of the Act, this regulation applies if a Registration Authority that is not the relevant Registration Authority for a motor vehicle or trailer cancels or suspends the registration of the motor vehicle or trailer.

• (2)

  The Registration Authority must send notice of the cancellation or suspension to the relevant Registration Authority for the motor vehicle or trailer.

Note   Under subregulation 23A (1C), if a Registration Authority suspends or cancels the registration of a motor vehicle or trailer, the Registration Authority must send a written notice of the cancellation or suspension to the owner of the motor vehicle or trailer.

[6]After regulation 29

insert

29AVehicle to be operated according to registration

 The owner of a motor vehicle or trailer must not, without reasonable excuse, operate the motor vehicle or trailer, or allow it to be operated, except as a vehicle of the type for which charge has been paid or, under subsection 5 (2) of the Charge Act, is taken to have been paid, in respect of its registration.

Penalty:   10 penalty units.

[7]Subregulation 52 (1), definition of prescribed penalty

substitute

prescribed penalty means:

• (a)

  for an offence against regulation 12ZAB, subregulation 15 (1) or (4), 17 (2), 20 (2), 22 (3), 26 (1), (2), (3), (4) or (5) or 29 (1):

  • (i)

    if the person who is alleged to have committed the offence is an individual — 1 penalty unit; or

  • (ii)

    if the person who is alleged to have committed the offence is a body corporate — 5 penalty units; or

• (b)

  for an offence against subregulation 17 (1) or (3), 20 (1), 22 (1) or (2), 24 (1) or (2) or regulation 28:

  • (i)

    if the person who is alleged to have committed the offence is an individual — half a penalty unit; or

  • (ii)

    if the person who is alleged to have committed the offence is a body corporate — 21/2 penalty units.

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; 1999 Nos. 11 and 133.

2. Notified in the Commonwealth of Australia Gazette