Interstate Road Transport Regulations (Amendment) (Cth)

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Statutory Rules 1990 No. 1441

Interstate Road Transport Regulations2

(Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Interstate Road Transport Act 1985.

Dated 18 June 1990.

BILL HAYDEN

Governor-General

By His Excellency’s Command.

Minister of State for Land Transport

Principal Regulations

1. In these Regulations. Principal Regulations means the Interstate Road Transport Regulations.

Interpretation

2. Regulation 2 of the Principal Regulations is amended by inserting in subregulation (1) the following definition:

national standard means a national standard under the Motor Vehicle Standards Act 1989;”.

Requirements in respect of motor vehicles and trailers

3. Regulation 5 of the Principal Regulations is amended:

(a) by omitting “13 (a)” and substituting “13 (1) (a)”;

(b) by omitting “registered motor vehicle or trailer:” and substituting “motor vehicle or trailer that is or has been registered under the Act, or under a law of a State or of the Australian-Capital Territory, before 1 August 1989:”;

 

(S.R. 252/89)—Cat. No. 14/23.4.1990

 

(c) by adding at the end the following subregulation:

“(2) For the purposes of paragraph 13 (1) (a) of the Act. the following provisions apply in respect of a motor vehicle or trailer when it is first registered under the Act. or under a law of a State or of the Australian Capital Territory, on or after 1 August 1989, namely:

(a) the motor vehicle or trailer must have affixed to it. in accordance with arrangements made under section 10 of the Motor Vehicle Standards Act 1989,a compliance plate within the meaning of that section: and

(b) where the motor vehicle or trailer has, after the date on which the compliance plate was affixed to it, been altered or modified in such a manner that the motor vehicle or trailer does not. with respect to any part or component in relation to which a relevant national standard is determined under that Act, conform with its manufacturers specifications for vehicles of the class in which the motor vehicle or trailer is included, the motor vehicle or trailer must comply with the requirements set out in that national standard: and

(c) where the motor vehicle was not, at the time of the application under section 9 of the Act for its registration, registered under the Act or under a law of a State or of the Australian Capital Territory, the motor vehicle or trailer must be a conforming vehicle.”.

4. Regulation 121 of the Principal Regulations is repealed and the following regulation substituted:

Weighing vehicles

“12i. (1) For the purposes of paragraph 13 (1) (aa) of the Act. a police officer or an inspector may direct the driver of a motor vehicle or trailer to cause the motor vehicle or trailer to be driven or towed to a weighing station for the purposes of weighing the motor vehicle or trailer there to establish whether it is overloaded.

“(2) For the purposes of paragraph 13 (1) (aa) of the Act. where:

(a) there is erected near a weighing station a sign directing drivers of motor vehicles or trailers to drive those motor vehicles or trailers into a weighing station to enable them to be weighed: and

(b) the sign is visible from a road; and

(c) the weighing station is open;

the driver on that road of a motor vehicle or trailer that has a gross mass exceeding 4.5 tonnes must obey any directions on that sign that are applicable in respect of the motor vehicle or trailer he or she is driving.

“(3) The driver of a motor vehicle or trailer must not without reasonable excuse refuse to comply with a direction under subregulation (1) or a direction referred to in subregulation (2).

Penalty: $3,000.

“(4) A direction under subregulation (1) or a direction referred to in subregulation (2) is not to require the driver of a motor vehicle or trailer to cause the motor vehicle or trailer to be driven or towed to a place that is more than 5 kilometres distant from the point that is closest to that place on the shortest practicable route to the ultimate destination of that motor vehicle or trailer.”.

5. Regulation 12k of the Principal Regulations is repealed and the following regulation substituted:

Unloading overloaded vehicles

“12k. (1) For the purposes of paragraph 13 (1) (aa), a police officer or an inspector may, by notice in writing, direct the driver of an overloaded motor vehicle or trailer to unload enough of the load of the motor vehicle or trailer to ensure that the motor vehicle or trailer complies with the mass limits applicable to it under these Regulations.

“(2) The driver of the motor vehicle or trailer must comply with a notice under subregulation (1).

Penalty: $2,000.

“(3) For the purposes of subregulation (1). a police officer or an inspector may, in the notice, direct the driver of the motor vehicle or trailer, before he or she complies with that subregulation, to cause the motor vehicle or trailer to be driven or towed to a place that is, in the opinion of the police officer or inspector, the nearest place of safety.”.

6. After regulation 49 of the Principal Regulations the following regulation is inserted:

Payment of charge etc. by instalments

“49a. (1) For the purposes of section 17a of the Act. the following motor vehicles and trailers are prescribed, namely:

(a) motor vehicles or trailers in respect of which item 4 in the Schedule to the Charge Regulations applies:

(b) motor vehicles or trailers of a kind:

(i) to which any other item in that Schedule applies: and

(ii) in respect of which the Minister and a Regulatory Authority of a State or Territory have entered into an agreement permitting the payment by instalments of the charge in respect of the registration of motor vehicles or trailers of that kind.

“(2) For the purposes of section 17a of the Act:

(a) the maximum number of instalments by which the charge in respect of the registration of a motor vehicle or trailer to which that section applies is payable is 12; and

(b) the day of payment for each instalment other than the first instalment is the day, not being a Saturday, a Sunday or a public holiday, that immediately precedes the day on which the period of registration to which the current instalment relates expires; and

(c) the amount of each instalment is the amount calculated in accordance with the formula:

where:

A is the amount of charge in respect of one year that is payable in respect of the vehicle;

B is the number of months of registration of the vehicle to which the instalment relates.”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 25 June 1990.

2. Statutory Rules 1986 No. 291 as amended by 1986 No. 386; 1987 No. 141; 1988 No. 152.

Printed by Authority by the Commonwealth Government Printer

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