Interstate Road Transport Regulations (Amendment) (Cth)

Statutory Rules 1996

No. 250 1

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Interstate Road Transport Regulations 2(Amendment)

I, The 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 November 1996.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

JOHN SHARP

Minister for Transport and Regional Development

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1.   Amendment

1.1   The Interstate Road Transport Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 12A (Permitted gross mass limits)

2.1   Paragraph 12A (1) (c):

Omit the paragraph, substitute:

• “(c)

  in respect of:

  • (i)

    a rigid motor vehicle; or

  • (ii)

    an articulated vehicle that includes a motor vehicle; or

  • (iii)

    a B-double;

 that has an overall axle spacing within the limits specified in column 2 in an item in Schedule 1A—the maximum permitted gross mass specified in column 3 in that item in that Schedule.”.

2.2   Paragraphs 12A (3) (c) and (d):

Omit the paragraphs, substitute:

• “(c)

  62.5 tonnes.”.

3.   Regulation 12M (General specifications for B-doubles)

3.1   Paragraph 12M (a):

Omit “registrtation”, substitute “registration”.

4.   Regulation 12P (Dimensions of a B-double—overall length)

4.1   Omit the regulation, substitute:

Dimensions of a B-double—overall length

 “12P.(1) Subject to subregulation (2), the overall length of a B-double must not exceed 25 metres.

 “(2) In a B-double built to carry cattle, sheep, pigs or horses, the two semi-trailers must not have more than 18.8 metres of their combined length available for the carriage of animals.

 “(3) For the purposes of subregulation (2), the length available for the carriage of animals on a trailer must be measured from the inside of the front wall or door of the trailer to the inside of the rear wall or door of the trailer, and any intervening partitions must be disregarded.”.

5.   Regulation 12Q (Dimensions of a B-double—minimum axle spacings)

5.1   Paragraphs 12Q (c) and (d):

Omit the paragraphs, substitute:

• “(c)

  the centre of any tandem axle group with dual tyres or single wide tyres must be located not less than 7 metres from the centre of any adjacent triaxle group.”.

5.2   Add at the end:

 “(2) If a B-double has 2 triaxle groups, either:

• (a)

  x - y must be equal to or less than 1; or

• (b)

  y - x must be equal to or less than 1.3;

where:

x is the distance in metres between:

• (c)

  the centre of the rearmost axle in the second axle group; and

• (d)

  the centre of the front-most axle in the third axle group; and

y is the distance in metres between:

• (e)

  the centre of the rearmost axle in the third axle group; and

• (f)

  the centre of the front-most axle in the fourth axle group.

 “(3) In paragraphs (2) (a) and (b), ‘equal to’ and ‘less than’ have their arithmetical senses (that is, any negative number is less than any positive number, and 2 numbers are equal only if they are both negative or both positive).”.

6.   New regulation 12RA

6.1   After regulation 12R, insert:

Anti-lock braking systems

 “12RA. (1) If a prime mover is to be used as part of a B-double, and it:

• (a)

  was manufactured on or after 1 January 1990; or

• (b)

  was first used as part of a B-double on or after 1 January 1994; or

• (c)

  is used as part of a B-double that includes a tank trailer that carries dangerous goods;

the prime mover must have an anti-lock braking system that complies with ADR 64/00.

 “(2) If a semi-trailer is to be used as part of a B-double that includes a tank trailer that carries dangerous goods, the semi-trailer must have an anti-lock braking system that complies with ADR 38/01.

 “(3) In this regulation:

‘dangerous goods’ means:

• (a)

  if regulations have been made for the purposes of paragraph 11 (2) (a) of the Road Transport Reform (Dangerous Goods) Act 1995—goods that are prescribed or determined to be dangerous goods under those regulations; or

• (b)

  if there are no such regulations in force—goods of a kind listed in section 9.4 (Alphabetical list of dangerous goods) of the Australian Code for the Transport of Dangerous Goods by Road and Rail (5th edition) prepared by the Federal Office of Road Safety and published by the Australian Government Publishing Service in 1992;

‘tank trailer’ means a trailer:

• (a)

  of which a tank forms part; or

• (b)

  to which a tank is attached; and

which is used, or built to be used, for the transport of liquid or gaseous goods in bulk.

 “(4) If a prime mover referred to in subregulation (1) is registered under the Act on 1 July 1997, subregulation (1) does not apply to it until the first time it is re-registered after that date.

 “(5)If a semi-trailer referred to in subregulation (2) is registered under the Act on 1 July 1997, subregulation (2) does not apply to it until the first time it is re-registered after that date.”.

7.   Regulation 12T (Brake line failure protection)

7.1   Subregulation 12T (1):

Omit “its brake system”, substitute “the prime mover’s brake system”.

8.   Regulation 12V (Selection of fifth wheel assemblies)

8.1   Subregulation 12V (2):

Omit “for 50 millimetre kingpins”.

9.   Regulation 12W (Selection of fifth wheel kingpins)

9.1   Omit the regulation, substitute:

 “12W. A B-double’s fifth wheel kingpins must comply with the relevant rating and dimensional requirements of Australian Standard 2175–1990, ‘Articulated vehicles—kingpins’ at least to the standard required of an M rated kingpin.”.

10.   Regulation 12X (Mounting of fifth wheel assemblies)

10.1   Subregulation 12X (2):

Omit the subregulation.

11.   New regulations 12ZAA and 12ZAB

11.1   After regulation 12ZA, insert in Division 2B of Part 2:

Total maximum permitted gross mass

 “12ZAA. The sum of the gross masses on the axle groups of a B-double must not be greater than the sum of the maximum permitted gross masses (within the meaning of subregulation 12B (1)) on the axle groups.

Certain B-doubles not to be operated

 “12ZAB.A person must not operate a B-double that does not comply with the requirements of this Division unless, under regulation 12ZB, the B-double is taken to comply with those requirements.

Penalty: 5 penalty units.”.

[NOTES:

1. See sections 4AA, 4AB and 4B of the Crimes Act 1914 for further details on penalties. Section 4AA provides for the amount of a ‘penalty unit’.

2. See section 4k of the Crimes Act 1914 for penalties for continuing offences.]

12.   Regulation 52 (Payment of penalty as an alternative to prosecution)

12.1   Subregulation 52 (1) (definition of “prescribed penalty”):

Omit “sub-regulation 15 (1),”, substitute “regulation 12ZAB, subregulation 15 (1),”.

13.   Schedule 1A (Axle spacing)

13.1   Omit the Schedule, substitute:

 “SCHEDULE 1A Regulation 12A

axle spacing

Column 1	Column 2			Column 3
Item	Distance between extreme axles of axle groups under consideration (metres)			Maximum permitted laden
Not less than:	Less than:	mass on axle groups (tonnes)

1	0	3.7	23.0
2	3.7	3.8	23.5
3	3.8	4.0	24.0
4	4.0	4.2	24.5
5	4.2	4.3	25.0
6	4.3	4.5	25.5
7	4.5	4.7	26.0
8	4.7	4.8	26.5
9	4.8	5.0	27.0
10	5.0	5.2	27.5
11	5.2	5.3	28.0
12	5.3	5.5	28.5
13	5.5	5.7	29.0
14	5.7	5.8	29.5
15	5.8	6.0	30.0
16	6.0	6.2	30.5
17	6.2	6.3	31.0
18	6.3	6.5	31.5
19	6.5	6.7	32.0
20	6.7	6.8	32.5
21	6.8	7.0	33.0
22	7.0	7.2	33.5
23	7.2	7.3	34.0
24	7.3	7.5	34.5
25	7.5	7.7	35.0
26	7.7	7.8	35.5
27	7.8	8.0	36.0
28	8.0	8.2	36.5
29	8.2	8.3	37.0
30	8.3	8.5	37.5
31	8.5	8.7	38.0
32	8.7	8.8	38.5
33	8.8	9.0	39.0
34	9.0	9.2	39.5
35	9.2	9.3	40.0
36	9.3	9.5	40.5
37	9.5	9.7	41.0
38	9.7	9.8	41.5
39	9.8	10.0	42.0
40	10.0	10.2	42.5
41	10.2	10.3	43.0
42	10.3	10.5	43.5
43	10.5	10.7	44.0
44	10.7	10.8	44.5
45	10.8	11.0	45.0
46	11.0	11.2	45.5
47	11.2	11.3	46.0
48	11.3	11.7	46.5
49	11.7	12.0	47.0
50	12.0	12.3	47.5
51	12.3	12.7	48.0
52	12.7	13.0	48.5
53	13.0	13.3	49.0
54	13.3	13.7	49.5
55	13.7	14.0	50.0
56	14.0	14.3	50.5
57	14.3	14.7	51.0
58	14.7	15.0	51.5
59	15.0	15.3	52.0
60	15.3	15.7	52.5
61	15.7	16.0	53.0
62	16.0	16.3	53.5
63	16.3	16.7	54.0
64	16.7	17.0	54.5
65	17.0	17.3	55.0
66	17.3	17.7	55.5
67	17.7	18.0	56.0
68	18.0	18.3	56.5
69	18.3	18.7	57.0
70	18.7	19.0	57.5
71	19.0	19.3	58.0
72	19.3	19.7	58.5
73	19.7	20.0	59.0
74	20.0	20.3	59.5
75	20.3	20.7	60.0
76	20.7	21.0	60.5
77	21.0	-	62.5”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 13 November 1996.

2. 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.