Motor Vehicles Variation Regulations 2013 (SA)
South Australia
Motor Vehicles Variation Regulations 2013
under the Motor Vehicles Act 1959
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Variation provisions
Part 2—Variation of Motor Vehicles Regulations 2010
4 Variation of regulation 4—Meaning of interstate non‑provisional licence, interstate provisional licence and unconditional licence
5 Variation of regulation 19—Other prescribed classes of vehicles
6 Variation of regulation 68—Demerit points for offences interstate—corresponding laws
7 Variation of regulation 99—Corresponding laws declared for purposes of section 141(2) of Act
8 Variation of Schedule 2—Classification of driver's licences
9 Variation of Schedule 4—Demerit points
Part 1—Preliminary
1—Short title
These regulations may be cited as the Motor Vehicles Variation Regulations 2013.
2—Commencement
These regulations will come into operation on the day on which Part 2 of the Statutes Amendment (Heavy Vehicle National Law) Act 2013 comes into operation.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.
Part 2—Variation of Motor Vehicles Regulations 2010
4—Variation of regulation 4—Meaning of interstate non‑provisional licence, interstate provisional licence and unconditional licence
Regulation 4(1)(d)—delete "Road Transport (Driver Licensing) Act 1998" and substitute:
Road Transport Act 2013
Regulation 4(2)(d)—delete "Road Transport (Driver Licensing) Act 1998" and substitute:
Road Transport Act 2013
5—Variation of regulation 19—Other prescribed classes of vehicles
Regulation 19(f)—after subparagraph (ii) insert:
or
(iii)a mass or dimension exemption or vehicle standards exemption granted under the Heavy Vehicle National Law (South Australia).
6—Variation of regulation 68—Demerit points for offences interstate—corresponding laws
Regulation 68(d)—delete paragraph (d) and substitute:
(d)the Road Transport Act 2013 of New South Wales and regulations and rules made under that Act;
7—Variation of regulation 99—Corresponding laws declared for purposes of section 141(2) of Act
Regulation 99(d)—delete "Road Transport (Driver Licensing) Act 1998" and substitute:
Road Transport Act 2013
Regulation 99(f)—delete paragraph (f)
8—Variation of Schedule 2—Classification of driver's licences
Schedule 2, table, item relating to licence class LR, 4—after "Road Traffic Act 1961" insert:
or the Heavy Vehicle National Law (South Australia)
Schedule 2, table, item relating to licence class MR, 3—delete "Road Traffic Act 1961" and substitute:
Heavy Vehicle National Law (South Australia)
Schedule 2, table, item relating to licence class HR, 3—delete "Road Traffic Act 1961" and substitute:
Heavy Vehicle National Law (South Australia)
9—Variation of Schedule 4—Demerit points
Schedule 4, Part 1, clause 1, table, items relating to sections 40I(2), 40J(3) and 91(3) of the Road Traffic Act 1961—delete the items
Schedule 4, Part 1, clause 1, table, item relating to section 164A(1) of the Road Traffic Act 1961—delete the entries relating to section 145(6) of that Act
Schedule 4, Part 1, clause 3—delete clause 3 and substitute:
3—Offences against Heavy Vehicle National Law (South Australia)
Section
Description of offence against Heavy Vehicle National Law (South Australia)
Demerit points
228(1)
Driving a fatigue‑regulated heavy vehicle on a road while the driver is impaired by fatigue
3
250(1)
Failure of solo driver of a fatigue‑regulated heavy vehicle to comply with standard hours—
(a) for a severe risk breach
3
(b) for a critical risk breach
4
251(1)
Failure of two‑up driver of a fatigue‑regulated heavy vehicle to comply with standard hours—
(a) for a severe risk breach
3
(b) for a critical risk breach
4
254(1)
Failure of solo driver of a fatigue‑regulated heavy vehicle to comply with BFM hours—
(a) for a severe risk breach
3
(b) for a critical risk breach
4
256(1)
Failure of two‑up driver of fatigue‑regulated heavy vehicle to comply with BFM hours—
(a) for a severe risk breach
3
(b) for a critical risk breach
4
258(1)
Failure of driver of fatigue‑regulated heavy vehicle to comply with AFM hours—
(a) for a severe risk breach
3
(b) for a critical risk breach
4
260(1)
Failure of driver of fatigue‑regulated heavy vehicle to comply with work and rest hours exemption hours—
(a) for a severe risk breach
3
(b) for a critical risk breach
4
Schedule 4, Part 2, clause 4, table, item relating to section 40H(5) of the Road Traffic Act 1961—delete "or police officer"
Schedule 4, Part 2, clause 4, table—after the item relating to section 40H(5) of the Road Traffic Act 1961 insert:
40I(2)
Engaging in conduct in contravention of direction of authorised officer to move vehicle to specified location
3
40J(3)
Engaging in conduct in contravention of direction of authorised officer to move vehicle or do anything else reasonably required by officer to avoid causing harm or obstruction
3
Schedule 4, Part 2, clause 4, table—after the item relating to section 82(1) of the Road Traffic Act 1961 insert:
91(3)
Failing to comply with direction of ferry operator
3
Schedule 4, Part 2, clause 4, table, item relating to section 164A(1) of the Road Traffic Act 1961—after the entries relating to section 110 of that Act insert:
s 145(6)—Driving contrary to terms of defect notice
3
Schedule 4, Part 2—after clause 7 insert:
8—Offences against Heavy Vehicle National Law (South Australia)
Section
Description of offence against Heavy Vehicle National Law (South Australia)
Demerit points
529
Using heavy vehicle in contravention of a vehicle defect notice
3
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 19 December 2013
No 306 of 2013
MTR13/026CS
0
0
0