National Transport Commission (Road Transport Legislation Higher Mass Limits) Regulations 2006 (Cth)
National Transport Commission (Road Transport Legislation—Higher Mass Limits) Regulations 2006
Select Legislative Instrument No. 26, 2006
made under the
National Transport Commission Act 2003
Compilation No. 1
Compilation date: 5 March 2016
Includes amendments up to: F2016L00170
Registered: 3 June 2016
About this compilation
This compilation
This is a compilation of the National Transport Commission (Road Transport Legislation—Higher Mass Limits) Regulations 2006 that shows the text of the law as amended and in force on 5 March 2016 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1............ Name of Regulations.................................................................................................... 1
2............ Commencement............................................................................................................ 1
3............ Road transport legislation—higher mass limits............................................................ 1
Schedule 1—Text of Higher Mass Limits—Legislative Package 2
Endnotes11
Endnote 1—About the endnotes 11
Endnote 2—Abbreviation key 12
Endnote 3—Legislation history 13
Endnote 4—Amendment history 14
1Name of Regulations
These Regulations are the National Transport Commission (Road Transport Legislation—Higher Mass Limits) Regulations 2006.
2Commencement
These Regulations commence on the day after they are registered.
3Road transport legislation—higher mass limits
For section 7 of the National Transport Commission Act 2003 (the NTC Act), Schedule 1 sets out road transport legislation, in the form of a Bill for an Act, about increased vehicle mass limits.
Note 1:The road transport legislation set out in Schedule 1 does not have the force of law (see paragraph 7(2)(a) of the NTC Act).
Note 2:These Regulations must be made in accordance with the Agreement (see subparagraph 3(b)(ii) of the NTC Act).
Note 3:These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003.
Note 4:These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003.
Note 5:The text set out in Schedule 1 is that of a draft Bill for an Act, Higher Mass Limits—Legislative Package, prepared for the former National Road Transport Commission. It was approved in that form by the Australian Transport Council on 10 March 2000, but was never actually enacted. The text set out in Schedule 1 has been formatted in accordance with current drafting practice (including styles of provision numbering and cross‑referencing).
Schedule 1—Text of Higher Mass Limits—Legislative Package
(regulation 3)
Contents
Part 1—Preliminary 3
1............ Purpose......................................................................................................................... 3
2............ Application................................................................................................................... 3
3............ Interpretation................................................................................................................. 4
Part 2—Higher mass limits 6
4............ Higher mass limits mode operations permitted............................................................ 6
5............ Higher mass limits mode.............................................................................................. 6
6............ Route limitations........................................................................................................... 7
7............ Route limitations—extended offence.......................................................................... 7
8............ Vehicle identification.................................................................................................... 7
9............ Mutual recognition........................................................................................................ 8
10.......... Indemnity...................................................................................................................... 8
Schedule—Performance standard for road‑friendly suspension 9
Part 1—Preliminary
1 Purpose
The purpose of this legislation is to implement, as part of a system of nationally consistent road transport laws, a policy agreed by the Commonwealth government and some governments of the States and Territories, to allow certain vehicles fitted with road‑friendly suspensions to operate with Higher Mass Limits.
2 Application
This legislation applies to:
(a) a motor vehicle with a GVM over 4.5 tonnes that is specified in the following Table; and is not a Class 1 Restricted Access Vehicle as defined in the Draft Road Transport Reform (Restricted Access Vehicles) Regulations; and
(b) a combination specified in the following Table that includes a vehicle referred to in paragraph (a), and
(c) any vehicle included in a combination referred to in paragraph (b), and
(d) any other vehicle or combination specified from time to time by a law of this jurisdiction;
and in this legislation eligible vehicle is to be construed accordingly.
Table
| Vehicle configuration | |
| 1 | Rigid truck fitted with a tandem or tri drive axle group |
| 2 | Rigid truck fitted with a tandem drive axle group towing a trailer that is fitted with a single tandem or tri‑axle group towards the rear of the trailer |
| 3 | A combination where the prime mover is fitted with a tandem drive axle group and the semi trailer is fitted with either a single tandem or tri‑axle group |
| 4 | Bus fitted with a single drive axle or tandem |
| 5 | Truck, trailer or bus with six tyred tandem axle group at the rear |
| 6 | B‑Double where the prime mover is fitted with a tandem drive axle group and the trailer(s) is fitted with either a tandem or tri‑axle group |
| 7 | Road trains where the prime mover is fitted with a tandem or tri drive axle group, the semi trailer is fitted with either a tandem or tri‑axle group and the converter dolly is fitted with a tandem axle group |
Note:
· Rigid truck and trailer combinations; and
· medium combination articulated vehicles towing a dog trailer;
are not ‘eligible vehicles’.
Axles are dual‑tyred unless specifically indicated.
Note to paragraph (a): The “Draft Road Transport Reform (Restricted Access Vehicles) Regulations” referred to are the proposed Road Transport Reform (Restricted Access Vehicles) Regulations. Those proposed Regulations were prepared in the form of Regulations to be made under the Road Transport Reform (Vehicles and Traffic) Act 1993, and were approved in that form by the Australian Transport Council on 29 September 1995, but were never actually made as Regulations. The text of those proposed Regulations is set out in Schedule 1 to the National Transport Commission (Road Transport Legislation—Restricted Access Vehicles Regulations) Regulations 2005.
3 Interpretation
In this legislation:
accredited operator means an operator accredited under the Mass Management Module of the NHVAS.
air suspension means vehicle suspension in which air in compression is the main or only spring medium.
Authority means the (name of appropriate Authority and short title of Act under which it was established).
B‑double means a combination consisting of a prime mover towing 2 semi‑trailers.
bus means a motor vehicle:
(a) built mainly to carry people; and
(b) that seats more than 9 adults (including the driver).
certified road‑friendly suspension means a road‑friendly suspension certified by the Australian Transport Safety Board (now the Department of Transport and Regional Services) in accordance with the requirements and procedures contained in Vehicle Standards Bulletin Number 11 published by that Office in April 1999.
combination means a group of vehicles consisting of a motor vehicle connected to one or more vehicles.
converter dolly means a trailer with one axle group or single axle and a fifth wheel coupling designed to convert a semi‑trailer into a dog trailer.
corresponding legislation means legislation of the Commonwealth or of a State or Territory that contains provisions corresponding to the provisions of this legislation.
dog trailer means a trailer (including a trailer consisting of a semi‑trailer and converter dolly) with:
(a) one axle group or single axle at the front that is steered by connection to the towing vehicle by a drawbar; and
(b) one axle group or single axle at the rear.
higher mass limits mode has the meaning given to that expression by clause 5.
mass limits Act in respect of an eligible vehicle, means (the name of the legislation that imposes mass limits on heavy vehicles using the roads of the State or Territory).
NHVAS means the National Heavy Vehicle Accreditation Scheme established by the (name of Act establishing the Scheme) or by legislation of the Commonwealth or of a State or Territory that contains provisions corresponding to the provisions of that Act.
operator, in respect of a vehicle, means a person who controls or directs the operations of the vehicle or who is otherwise responsible for the use of the vehicle.
prime mover means a motor vehicle built to tow a semi‑trailer.
relevant axle group means the relevant axle group referred to in Column 1 of the table set out in clause 5.
rigid means not articulated.
road means an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles.
road‑friendly suspension means a suspension system that conforms to the performance and component requirements specified in the Schedule.
road train means a combination, other than a B‑double, consisting of a motor vehicle towing at least 2 trailers (counting as one trailer a converter dolly supporting a semi‑trailer).
semi‑trailer means a trailer (including a pole‑type trailer) that has:
(a) one axle group or single axle towards the rear; and
(b) a means of attachment to a prime mover that would result in some of the load being imposed on the prime mover.
tandem axle group means a group of at least 2 axles, in which the horizontal distance between the centre lines of the outermost axles is at least 1 metre, but not more than 2 metres.
tri‑axle group means a group of at least 3 axles, in which the horizontal distance between the centre lines of the outermost axles is more than 2 metres, but not more than 3.2 metres.
wide single tyre means a tyre with a section width of not less than 375 mm.
Part 2—Higher mass limits
4 Higher mass limits mode operations permitted
(1) Despite the provisions of the (name of any Acts specifying mass limits) an eligible vehicle may operate on a road in higher mass limits mode if:
(a) the relevant axle group of the vehicle is fitted with a certified road‑friendly suspension; and
(b) where the relevant axle group is a tri‑axle group, the operator of the vehicle is an accredited operator.
(2) Despite subclause (1)(a) the steering axles of long combination vehicle prime movers (ie, road trains and similar) fitted with wide single tyres may be an eligible vehicle without road‑friendly suspension on the steering axles.
(3) Despite subclause (1) an eligible vehicle is not authorised to operate with a higher mass on a relevant axle group if it would not be authorised to operate with the maximum mass shown in column 2 in respect of that axle as specified in the Table set out in clause 5 by virtue of any other provision of the (name of any Acts specifying mass limits).
Note: Vehicle Components/GCM ratings must be appropriate for Higher Mass Limits.
(4) An eligible vehicle may operate in higher mass limits mode although the effect of doing so means that the mass of the vehicle exceeds a mass limit imposed by the (name of any Acts specifying mass limits) in respect of the vehicle or, where the vehicle is part of a combination, the combination.
5 Higher mass limits mode
An eligible vehicle is operating in higher mass limits mode if the mass on an axle group of the vehicle is more than the mass specified in column 2 of the following Table opposite that axle group but not more than the mass specified in column 3.
Penalty applies
Table
| Column 1 | Column 2 | Column 3 |
| Type of axle group | Maximum mass permitted by mass limit Act | Maximum mass permitted by this Act |
| tandem axle | 16.5 tonnes | 17.0 tonnes; |
| tri‑axle groups | 20.0 tonnes | 22.5 tonnes; |
| single drive axles on bus | 9.0 tonnes | 10.0 tonnes |
| six tyred tandem axle | 13.0 tonnes | 14.0 tonnes |
| steering axles of long combination vehicle prime movers (ie, road trains and similar) fitted with wide single tyres | 6.0 tonnes | 6.7 tonnes |
6 Route limitations
(1) The Authority may (by Notice in the Gazette/by Order) specify:
(a) routes and/or zones that eligible vehicles when operating in higher mass mode must use; or
(b) roads that must not be used by eligible vehicles when operating in higher mass mode.
(2) A person must not drive an eligible vehicle when operating in higher mass limits mode contrary to a restriction imposed in accordance with subclause (1).
Penalty applies
(3) A person must not drive an eligible vehicle when operating in higher mass limits mode unless there is carried in the cabin of the vehicle a copy of any (Notice given/Order made) under subclause (1).
Penalty applies
7 Route limitations—extended offence
A person must not cause or permit another person to drive an eligible vehicle when operating in higher mass limits mode contrary to a restriction imposed in accordance with subclause 6(1).
Note: Parties other than the driver. This provision will be reviewed for consistency with Chain of Responsibility principles following the completion of the NRTC Compliance & Enforcement Mass, Dimension and Load Restraint project.
8 Vehicle identification
(1) A person must not drive an eligible vehicle when operating in higher mass limits mode unless the vehicle has on it any registration and other identifying marks specified by the (name of any Acts specifying the registration marks).
(2) An eligible vehicle operating at higher mass limits must display, in the case of triaxle vehicles, the identifying label to show that its operator is an ‘accredited operator’.
Penalty applies
9 Mutual recognition
(1) Vehicles permitted to operate in the higher mass mode in another jurisdiction will also be permitted to operate in the higher mass mode in this jurisdiction without further application or inspection.
(2) Despite subclause (1) the operator is required to comply with published guidelines for route compliance operation in this jurisdiction.
Penalty applies
10 Indemnity
(1) No civil liability is incurred by the accrediting agency or any person engaged in the administration of this legislation for an honest act or omission in the exercise or discharge, or purported exercise or discharge, of a power, function or duty under this legislation.
(2) A liability that would, but for subsection (1), lie against the person lies instead against the Crown.
Schedule—Performance standard for road‑friendly suspension
A suspension system is road‑friendly for the purpose of this legislation if it has the performance and component requirements specified in this Schedule.
Performance requirements
During free transient low frequency vertical oscillation of the sprung mass above an axle or axle group, the measured frequency and damping with the suspension carrying its maximum legal load must fall within the following limits:
(a) the frequency of the sprung mass above the axle or axle group in a free transient vertical oscillation must not be higher than 2.0 Hz;
(b) the mean damping ratio must be more than 20% of critical damping (Co) for the suspension in its normal operating condition;
(c) the damping ratio of the suspension with all dampers (if fitted) removed or incapacitated must be not more than 50% of the mean damping ratio;
(d) in the case of multiple axle groups the static load share between axles in the group must be within 5%.
Components
Dual tyres must be fitted on the axles except in the case of a six tyred tandem axle group where one axle in the group may have single tyres fitted.
Definitions for the purpose of this Schedule
load‑share, in respect of a suspension system on a multi axle group, means a suspension system that:
(a) is built to divide the load between the tyres on the group so that no tyre carries a mass more than 5% greater than the mass it would carry if the load were divided equally; and
(b) has effective damping characteristics on all axles of the group.
frequency and damping:
In this definition a sprung mass “M (kg)” above a driving axle or bogie is considered.
The axle or bogie has a total vertical stiffness between the road surface and the sprung mass of K Newtons/metre (N/m) and a total damping coefficient of C Newtons per metre per second (N.s/m).
The vertical displacement of the sprung mass is Z.
The equation of motion for free oscillation of the sprung mass is:
The frequency of oscillation of the sprung mass F (rad/sec) is:
The damping is critical when C = Co
where:
The damping ratio as a fraction of critical damping is C/Co.
During free transient oscillation of the sprung mass the vertical motion of the mass will follow a damped sinusoidal path. The frequency can be estimated by measuring the time for as many cycles of oscillation as can be observed. The damping can be estimated by measuring the heights of successive peaks of the oscillation in the same direction. If the peak amplitudes of the first and second cycles of the oscillation are A1 and A2, then the damping ratio D is,
where ‘ln’ is the natural logarithm of the amplitude ratio.
critical damping means the minimum amount of viscous damping required in a linear system to prevent the displacement of the system from passing the equilibrium position upon returning from an initial displacement.
damping ratio means the ratio of the amount of viscous damping present in a system to that required for critical damping.
viscous damping means damping in which the force opposing the motion is proportional and opposite in direction to the velocity.
DM means the mean damping ratio.
DR means the damping ratio with all dampers removed or incapacitated.
C means viscous damping.
Co means critical damping constant.
F means the frequency of oscillation of the sprung mass.
M means the sprung mass of suspension.
K means the total vertical stiffness between the road surface and the sprung mass.
Z means the vertical displacement of the sprung mass.
A1 means the peak amplitude of the first cycle of oscillation.
A2 means the peak amplitude of the second cycle of oscillation.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| ad = added or inserted | o = order(s) |
| am = amended | Ord = Ordinance |
| amdt = amendment | orig = original |
| c = clause(s) | par = paragraph(s)/subparagraph(s) |
| C[x] = Compilation No. x | /sub‑subparagraph(s) |
| Ch = Chapter(s) | pres = present |
| def = definition(s) | prev = previous |
| Dict = Dictionary | (prev…) = previously |
| disallowed = disallowed by Parliament | Pt = Part(s) |
| Div = Division(s) | r = regulation(s)/rule(s) |
| ed = editorial change | reloc = relocated |
| exp = expires/expired or ceases/ceased to have | renum = renumbered |
| effect | rep = repealed |
| F = Federal Register of Legislation | rs = repealed and substituted |
| gaz = gazette | s = section(s)/subsection(s) |
| LA = Legislation Act 2003 | Sch = Schedule(s) |
| LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
| (md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
| effect | SR = Statutory Rules |
| (md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
| cannot be given effect | SubPt = Subpart(s) |
| mod = modified/modification | underlining = whole or part not |
| No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
| Name | Registration | Commencement | Application, saving and transitional provisions |
| National Transport Commission (Road Transport Legislation—Higher Mass Limits) Regulations 2006 (SLI No. 26, 2006) | 21 Feb 2006 (F2006L00272) | 22 Feb 2006 (r 2) | |
| Acts and Instruments (Framework Reform) (Consequential Amendments) Regulation 2016 | 29 Feb 2016 (F2016L00170) | Sch 1 (item 55): 5 Mar 2016 (s 2(1) item 1) | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| r 3............................................. | am F2016L00170 |
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