National Transport Commission (Road Transport Legislation Road Transport Charges Act) Amendment Regulations 2006 (No. 1) (Cth)

National Transport Commission (Road Transport Legislation — Road Transport Charges Act) Amendment Regulations 2006 (No. 1)¹

Select Legislative Instrument 2006 No. 31

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the National Transport Commission Act 2003.

Dated 15 February 2006

P. M. JEFFERY

Governor-General

By His Excellency’s Command

JAMES ERIC LLOYD

Minister for Local Government, Territories and Roads

Name of Regulations

These Regulations are the National Transport Commission (Road Transport Legislation — Road Transport Charges Act) Amendment Regulations 2006 (No. 1).

Commencement

These Regulations commence on the day after they are registered.

Road transport legislation — road transport charges

For section 7 of the National Transport Commission Act 2003 (the NTC Act), Schedules 1, 2 and 3 set out road transport legislation, in the form of amendments to an Act, about the road transport charges.

Note 1 The road transport legislation set out in Schedules 1, 2 and 3 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 the Legislative Instruments Act 2003, subsection 44 (2) (table, item 44) and the Legislative Instruments Regulations 2004, regulation 8 and Schedule 2 item 7.

Note 4 These Regulations are not subject to sunsetting — see the Legislative Instruments Act 2003, subsection 54 (2) (table, item 51) and the Legislative Instruments Regulations 2004, regulation 9 and Schedule 3 item 4.

Note 5 The text set out in Schedule 1 is that of Schedule 1 to the Road Transport Charges (Australian Capital Territory) Amendment Act 2000 (Act No. 42 of 2000) (the first RTCA Act). The Minister’s second reading speech in relation to the first RTCA Act was made in the House of Representatives on 8 March 2000, and in the Senate on 16 March 2000. The first RTCA Act received the Royal Assent on 3 May 2000.

Note 6 The text set out in Schedule 2 is that of Schedule 1 to the Road Transport Charges (Australian Capital Territory) Amendment Act 2002 (Act No. 19 of 2002) (the second RTCA Act). The Minister’s second reading speech in relation to the second RTCA Act was made in the House of Representatives on 14 February 2002, and in the Senate on 14 March 2002. The second RTCA Act received the Royal Assent on 4 April 2002.

Note 7 The text set out in Schedule 3 is that of items 5 to 8 of Schedule 1 to the National Transport Commission (Consequential Amendments and Transitional Provisions) Act 2003 (Act No. 82 of 2003) (the NTCA Act). The Minister’s second reading speech in relation to the NTCA Act was made in the House of Representatives on 4 June 2003, and in the Senate on 14 August 2003. The NTCA Act received the Royal Assent on 6 September 2003.

4 Amendment of National Transport Commission (Road Transport Legislation — Road Transport Charges Act) Regulations 2006

(1) Schedule 1 amends the text set out in Schedule 1 to the National Transport Commission (Road Transport Legislation — Road Transport Charges Act) Regulations 2006 as if a reference in Schedule 1 to a provision of the Road Transport Charges (Australian Capital Territory) Act 1993 were a reference to the corresponding provision in that text.

(2) Schedule 2 amends that text as so amended as if a reference in the Schedule to a provision of that Act were a reference to the corresponding provision in that text.

(3) Schedule 3 amends that text, as amended by Schedules 1 and 2, as if a reference in the Schedule to a provision of that Act were a reference to the corresponding provision in that text.

Schedule 1 Text of Schedule 1 to the Road Transport Charges (Australian Capital Territory) Amendment Act 2000

(regulation 3 and subregulation 4 (1))

Schedule 1—Amendment of the Road Transport Charges (Australian Capital Territory) Act 1993

1 Section 2

Repeal the section, substitute:

2 Obligations of the Government of the Australian Capital Territory

Registration charges

(1)The Government of the Australian Capital Territory must determine charges for the grant of annual registrations of vehicles of a kind mentioned in Part 2 of the Schedule in accordance with that Part if:

(a)the Road Transport Charges (Australian Capital Territory) Amendment Act 2000 commenced on or before 1 July 2000 and the registrations are granted on or after 1 July 2000; or

(b)that Act commenced after 1 July 2000 and the registrations are granted after that Act commenced.

Permit charges

(2)The Government of the Australian Capital Territory must also determine charges for the grant of permits in circumstances set out in Part 3 of the Schedule in accordance with that Part if:

(a)the Road Transport Charges (Australian Capital Territory) Amendment Act 2000 commenced on or before 1 July 2000 and the permits are granted on or after 1 July 2000; or

(b)that Act commenced after 1 July 2000 and the permits are granted after that Act commenced.

2 Part 1 of the Schedule (definition of axle)

Repeal the definition, substitute:

axle means one or more shafts positioned in a line across a vehicle, on which one or more wheels intended to support the vehicle turn.

3 Part 1 of the Schedule (definition of axle group)

Repeal the definition, substitute:

axle group means a single axle group, tandem axle group, twinsteer axle group, tri‑axle group or quad‑axle group.

4 Part 1 of the Schedule (definition of bus)

Repeal the definition, substitute:

bus means a motor vehicle, built mainly to carry people, that seats more than 9 adults (including the driver).

5 Part 1 of the Schedule (definition of bus (type 2))

Repeal the definition, substitute:

bus (type 2) means:

(a)a rigid bus that has 2 axles and an MRC exceeding 12 tonnes; or

(b)a rigid bus that has 3 axles or 4 axles.

6 Part 1 of the Schedule

Insert:

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.

7 Part 1 of the Schedule (definition of dog trailer)

Repeal the definition, substitute:

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.

8 Part 1 of the Schedule (definition of dolly)

Repeal the definition.

9 Part 1 of the Schedule

Insert:

drawbar means a part of a trailer (other than a semi trailer) that connects the trailer body to a coupling for towing purposes.

10 Part 1 of the Schedule

Insert:

driver means the person driving or in control of a motor vehicle.

11 Part 1 of the Schedule

Insert:

fifth wheel coupling means a device, other than the upper rotating element and the kingpin (which are parts of a semi trailer), used with a prime mover, semi trailer or a converter dolly to permit quick coupling and uncoupling and to provide for articulation.

12 Part 1 of the Schedule

Insert:

load carrying trailer means a trailer that is carrying a load or that is built to carry a load.

13 Part 1 of the Schedule

Insert:

long combination prime mover means a prime mover nominated to haul 2 or more trailers, but does not include a medium combination prime mover.

14 Part 1 of the Schedule (definition of long combination prime mover (type 1))

Repeal the definition.

15 Part 1 of the Schedule (definition of long combination prime mover (type 2))

Repeal the definition.

16 Part 1 of the Schedule

Insert:

low loader means a gooseneck semi trailer with a loading deck no more than 1 metre above the ground.

17 Part 1 of the Schedule

Insert:

low loader dolly means a mass‑distributing device that:

(a)is usually coupled between a prime mover and low loader; and

(b)consists of a gooseneck rigid frame; and

(c)does not directly carry any load on itself; and

(d)is equipped with one or more axles, a kingpin and a fifth wheel coupling.

18 Part 1 of the Schedule (definition of medium combination truck)

Repeal the definition, substitute:

medium combination truck means a truck, other than a short combination truck, nominated to haul one trailer.

19 Part 1 of the Schedule (definition of pig trailer)

Repeal the definition, substitute:

pig trailer means a trailer with one axle group or single axle near the middle of its load‑carrying surface, and connected to the towing vehicle by a drawbar.

20 Part 1 of the Schedule (definition of pole type trailer)

Repeal the definition, substitute:

pole type trailer means a trailer that:

(a)is attached to a towing vehicle by means of a pole or an attachment fitted to a pole; and

(b)is ordinarily used for transporting loads, such as logs, pipes, structural members or other long objects, that are generally capable of supporting themselves like beams between supports.

21 Part 1 of the Schedule

Insert:

quad‑axle group means a group of 4 axles, in which the horizontal distance between the centre‑lines of the outermost axles is more than 3.2 metres but not more than 4.9 metres.

22 Part 1 of the Schedule

Insert:

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.

23 Part 1 of the Schedule

Insert:

road related area means:

(a)an area that divides a road; or

(b)a footpath or nature strip adjacent to a road; or

(c)an area that is open to the public and is designated for use by cyclists or animals; or

(d)an area that is not a road and that is open to or used by the public for driving, riding or parking motor vehicles; or

(e)any shoulder of a road; or

(f)an area that is a road related area for the purposes of the Road Transport (General) Act 1999 of the Australian Capital Territory.

24 Part 1 of the Schedule (definition of semi trailer)

Repeal the definition, substitute:

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 results in some of the load being imposed on the prime mover.

25 Part 1 of the Schedule (definition of short combination truck)

Repeal the definition, substitute:

short combination truck means a truck nominated to haul one trailer where, according to the nomination:

(a)the combination has 6 axles or fewer; and

(b)the maximum total mass that is legally allowable for the combination is 42.5 tonnes or less.

26 Part 1 of the Schedule

Insert:

single axle means an axle not forming part of an axle group.

27 Part 1 of the Schedule

Insert:

single axle group means a group of 2 or more axles, in which the horizontal distance between the centre‑lines of the outermost axles is less than 1 metre.

28 Part 1 of the Schedule (definition of special purpose vehicle)

Repeal the definition, substitute:

special purpose vehicle means:

(a)a vehicle (other than one that the regulations declare not to be a special purpose vehicle for the purposes of this definition) where the primary purpose for which it was built, or permanently modified, was not the carriage of goods or passengers; or

(b)a vehicle declared by the regulations to be a special purpose vehicle for the purposes of this definition.

Note:The second last sentence of this Part contains an interpretation provision affecting this definition.

29 Part 1 of the Schedule (definition of special purpose vehicle (type 1))

Repeal the definition.

30 Part 1 of the Schedule (definition of special purpose vehicle (type 2))

Repeal the definition.

31 Part 1 of the Schedule

Insert:

special purpose vehicle (type o) means a special purpose vehicle (other than a special purpose vehicle (type p)):

(a)built, or permanently modified, primarily for use on roads; and

(b)that has at least one axle or axle group loaded in excess of the mass limits specified in the regulations for the purposes of this definition.

Note:Some possible examples of this kind of vehicle are mobile cranes, fire engines, truck‑mounted concrete pumps and boring plants. These may also fall within the definition of special purpose vehicle (type t) if they have no axle or axle group loaded in excess of the mass limits specified in the regulations for the purposes of that definition.

32 Part 1 of the Schedule

Insert:

special purpose vehicle (type p) means a special purpose vehicle built, or permanently modified, primarily for:

(a)off‑road use; or

(b)use on a road related area; or

(c)use on an area of road that is under construction or repair.

Note:Some examples of this kind of vehicle are agricultural tractors, self‑propelled agricultural harvesters, bulldozers, backhoes, graders and front‑end loaders.

33 Part 1 of the Schedule

Insert:

special purpose vehicle (type t) means a special purpose vehicle (other than a special purpose vehicle (type p)):

(a)built, or permanently modified, primarily for use on roads; and

(b)that has no axle or axle group loaded in excess of the mass limits specified in the regulations for the purposes of this definition.

Note:Some possible examples of this kind of vehicle are mobile cranes, fire engines, truck‑mounted concrete pumps and boring plants. These may also fall within the definition of special purpose vehicle (type o) if they have at least one axle or axle group loaded in excess of the mass limits specified in the regulations for the purposes of that definition.

34 Part 1 of the Schedule

Insert:

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.

35 Part 1 of the Schedule (definition of trailer)

Repeal the definition, substitute:

trailer means a vehicle that is built to be towed, or is towed, by a motor vehicle, but does not include a motor vehicle that is being towed.

36 Part 1 of the Schedule

Insert:

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.

37 Part 1 of the Schedule

Insert:

twinsteer axle group means a group of 2 axles:

(a)with single tyres; and

(b)fitted to a motor vehicle; and

(c)connected to the same steering mechanism; and

(d)the horizontal distance between the centre‑lines of which is at least 1 metre, but not more than 2 metres.

38 Part 1 of the Schedule (third last sentence)

After “For the purposes of this Schedule”, insert “(other than the definitions of single axle group, tandem axle group, twinsteer axle group, tri‑axle group and quad‑axle group)”.

39 Part 1 of the Schedule (second last sentence)

Repeal the sentence, substitute:

For the purposes of determining the number of trailers that a prime mover or truck may tow:

(a)a converter dolly and a semi trailer when used together are to be regarded as one trailer; and

(b)a low loader dolly and a low loader when used together are to be regarded as one trailer.

In paragraph (a) of the definition of special purpose vehicle:

goods does not include fuel, water, lubricants, tools and any other equipment or accessories necessary for the normal operation of the vehicle.

Note:For example, in the case of a crane, goods would not include any chains on the crane necessary to operate the crane.

passengers does not include the driver, a trainee driver or any person necessary for the normal operation of the vehicle.

40 Part 2 of the Schedule

Repeal the Part, substitute:

Part 2—Annual registration charges

1 Load carrying vehicles

Load carrying vehicles
Vehicle Type	2‑axle	3‑axle	4‑axle	5‑axle
1	Truck (type 1)	$300	$600	$900	$900
2	Truck (type 2)	$500	$800	$2,000	$2,000
3	Short combination truck	$550	$2,000	$2,000	$2,000
4	Medium combination truck	$3,800	$3,800	$4,100	$4,100
5	Long combination truck	$5,250	$5,250	$5,250	$5,250
6	Short combination prime mover	$1,300	$3,400	$4,400	$4,400
7	Medium combination prime mover	$4,000	$5,000	$5,500	$5,500
8	Long combination prime mover	$5,000	$5,000	$5,500	$5,500

2 Load carrying trailer, converter dolly and low loader dolly

The amount of the charge applicable to a load carrying trailer, a converter dolly or a low loader dolly is worked out using the formula:

3 Buses

Buses
Item	Bus Type	2‑axle	3‑axle	4‑axle
1	Bus (type 1)	$300	Not applicable	Not applicable
2	Bus (type 2)	$500	$1,250	$1,250
3	Articulated bus	Not applicable	$500	$500

4 Special purpose vehicles

Special purpose vehicles
Item	Special purpose vehicle type	Charge
1	Special purpose vehicle (type p)	No charge
2	Special purpose vehicle (type t)	$200
3	Special purpose vehicle (type o)	The amount calculated using the formula:

5 Vehicles in 2 or more categories

If a vehicle falls within 2 or more categories specified in this Part, the charge for the vehicle is the higher or highest of the charges that could apply to the vehicle.

41 Part 3 of the Schedule (heading)

Repeal the heading, substitute:

Part 3—Charges for the grant of certain permits

42 Amendments not to affect requirement to determine certain charges

The amendments made by this Act do not affect the requirement for the Government of the Australian Capital Territory to determine:

(a)if this Act commences on or before 1 July 2000—charges for the grant of annual registrations, or of permits, taking place before 1 July 2000; or

(b)if this Act commences after 1 July 2000—charges for the grant of annual registrations, or of permits, taking place before this Act commences.

Schedule 2 Text of Schedule 1 to the Road Transport Charges (Australian Capital Territory) Amendment Act 2002

(regulation 3 and subregulation 4 (2))

Schedule 1—Amendment of the Road Transport Charges (Australian Capital Territory) Act 1993

1 After section 3

Insert:

3A Increase of amounts of registration charge

(1)This section applies to the charges determined in accordance with Part 2 of the Schedule (including charges whose amounts have already been increased by a previous application or applications of this section).

(2)At the start of 1 July of each year, beginning with 1 July 2002, the amount of each of those charges is increased, from the amount that applied immediately before that 1 July, in accordance with Part 4 of the Schedule.

Note:In some circumstances, the operation of Part 4 of the Schedule can result in no increases occurring on a particular 1 July.

(3)As soon as practicable, the National Road Transport Commission must make available to the public a statement setting out in detail its calculations of the new amounts of charge.

2 Section 4

After “specified in”, insert “Part 3 of”.

Note:The heading to section 4 is altered by omitting “specified in the Schedule” and substituting “of permit charge”.

3 Part 2 of the Schedule

Repeal the Part, substitute:

Part 2—Annual registration charges

1 Load carrying vehicles

Load carrying vehicles
Item	Vehicle type	2‑axle	3‑axle	4‑axle	5‑axle
1	Truck (type 1)	$310	$620	$930	$930
2	Truck (type 2)	$516	$826	$2,066	$2,066
3	Short combination truck	$568	$2,066	$2,066	$2,066
4	Medium combination truck	$3,925	$3,925	$4,235	$4,235
5	Long combination truck	$5,423	$5,423	$5,423	$5,423
6	Short combination prime mover	$1,343	$3,512	$4,545	$4,545
7	Medium combination prime mover	$4,132	$5,165	$5,681	$5,681
8	Long combination prime mover	$5,165	$5,165	$5,681	$5,681

2 Load carrying trailer, converter dolly and low loader dolly

The amount of the charge applicable to a load carrying trailer, a converter dolly or a low loader dolly is worked out using the formula:

3 Buses

Buses
Item	Bus type	2‑axle	3‑axle	4‑axle
1	Bus (type 1)	$310	Not applicable	Not applicable
2	Bus (type 2)	$516	$1,291	$1,291
3	Articulated bus	Not applicable	$516	$516

4 Special purpose vehicles

Special purpose vehicles
Item	Special purpose vehicle type	Charge
1	Special purpose vehicle (type p)	No charge
2	Special purpose vehicle (type t)	$207
3	Special purpose vehicle (type o)	The amount worked out using the formula:

5 Vehicles in 2 or more categories

If a vehicle falls within 2 or more categories specified in this Part, the charge for the vehicle is the higher or highest of the charges that could apply to the vehicle.

4 At the end of the Schedule

Add:

Part 4—Increase of amounts

1 Formula

(1)The amount of the increase of each charge that is to occur on each 1 July, as mentioned in section 3A, is the amount determined in accordance with the following formula, expressed as a percentage of the charge that was applicable immediately before that 1 July:

where:

RA means the Rural Arterial Road Expenditure adjustment factor that applies for that 1 July (see clause 5).

RL means the Rural Local Road Expenditure adjustment factor that applies for that 1 July (see clause 5).

UA means the Urban Arterial Road Expenditure adjustment factor that applies for that 1 July (see clause 5).

UL means the Urban Local Road Expenditure adjustment factor that applies for that 1 July (see clause 5).

Rounding

(2)The amount determined under subclause (1) is to be rounded up or down to one decimal place (rounding an amount of 0.05 percentage points upwards).

Example:An amount of 3.55 percentage points would be rounded up to 3.6 percentage points.

2 Ceiling of CPI indexation factor

If the amount worked out under clause 1 for a particular 1 July is greater than the CPI indexation factor for that 1 July (see clause 6), that amount is taken to be the amount of that CPI indexation factor instead.

3 Floor of nil

If the amount worked out under clause 1 for a particular 1 July is less than nil, no increase occurs on that 1 July.

Note:No decrease occurs either, as this Part does not provide for amounts of charge to decrease.

4 Rounding of final charge amount

Each amount of charge that is increased in accordance with this Part is to be rounded up or down to the nearest whole dollar amount (rounding an amount of 50 cents upwards).

Example:An amount of $507.50 would be rounded up to $508.

5 Adjustment factors

(1)The 4 adjustment factors used in the formula in clause 1, for 1 July in a particular year, are to be worked out under this clause.

(2)Each adjustment factor is the amount of percentage points worked out by applying the following formula for that factor:

where:

expenditure, for a financial year, means the amount specified in the most recent annual report as being:

(a)in the case of the Rural Arterial Road Expenditure adjustment factor—the estimated amount of expenditure on rural arterial roads for the year; and

(b)in the case of the Urban Arterial Road Expenditure adjustment factor—the estimated amount of expenditure on urban arterial roads for the year; and

(c)in the case of the Rural Local Road Expenditure adjustment factor—the estimated amount of expenditure on rural local roads for the year; and

(d)in the case of the Urban Local Road Expenditure adjustment factor—the estimated amount of expenditure on urban local roads for the year.

most recent annual report means the annual report of the National Road Transport Commission that was tabled in each House of the Parliament most recently before the 1 July in question.

Year 1 means the financial year immediately before Year 2.

Year 2 means the financial year immediately before Year 3.

Year 3 means the financial year immediately before Year 4.

Year 4 means the latest financial year for which all 4 of the amounts of estimated expenditure mentioned in the definition of expenditure are specified in the most recent annual report.

Example:Suppose that, on 1 July 2003, the most recent annual report to have been tabled is the annual report for 2001‑02 and that the latest financial year for which that report contains the relevant expenditure figures is 2000‑01. Year 4 would therefore be 2000‑01, for the purpose of working out the 1 July 2003 increase.

Rounding

(3)The amount of percentage points worked out under subclause (2) is to be rounded up or down to 4 decimal places (rounding an amount of 0.00005 percentage points upwards).

Example:An amount of 2.35065 percentage points would be rounded up to 2.3507 percentage points.

Transitional—special data for 1 July 2002

(4)In working out the 4 adjustment factors for 1 July 2002:

(a)the amounts of the relevant kinds of expenditure mentioned in the definition of expenditure in subclause (2) are taken to be those specified, for each of Years 1 to 4, in a document entitled “Road Transport Charges Expenditure Data—July 2002 adjustment” that is published by the National Road Transport Commission for the purposes of this clause, instead of the amounts specified in the most recent annual report; and

(b)Year 4 is taken to be the financial year that is specified in that document as being Year 4, instead of what it would otherwise be.

(5)The information in the document mentioned in paragraph (4)(a) must be included in the next annual report of the National Road Transport Commission that is given to the Minister.

6 CPI indexation factor

(1)The CPI indexation factor for a particular 1 July is the amount of percentage points worked out using the following formula:

where:

index number for a quarter means the All Groups Consumer Price Index number that is the weighted average of the 8 capital cities and is published by the Australian Statistician for that quarter.

previous calendar year means the last calendar year before the recent calendar year.

recent calendar year means the calendar year that ended most recently before the 1 July in question.

Rounding

(2)The CPI indexation factor worked out under subclause (1) is to be rounded up or down to one decimal place (rounding up in the case of exactly halfway between).

Example:An amount of 3.55 percentage points would be rounded up to 3.6 percentage points.

Changed reference base

(3)If the Australian Statistician changes the reference base for the Consumer Price Index, only index numbers published in terms of the new reference base are to be used, for the purposes of this clause.

Negative factor taken to be nil

(4)If the CPI indexation factor worked out under this clause is less than nil, it is taken to be nil instead.

Special index numbers for March 2000 and June 2000 quarters

(5)The index numbers for the March 2000 and June 2000 quarters are taken to be 128.0 and 129.1 respectively, for the purposes of this clause.

Note:This is to adjust for the special effects of the start of the GST on the index numbers.

Schedule 3 Text of items 5 to 8 of Schedule 1 to the National Transport Commission (Consequential Amendments and Transitional Provisions) Act 2003

(regulation 3 and subregulation 4 (3))

Road Transport Charges (Australian Capital Territory) Act 1993

5 Subsection 3A(3)

Omit “Road”.

6 Subclause 5(2) of Part 4 of the Schedule (definition of most recent annual report)

Omit “Road”.

7 Paragraph 5(4)(a) of Part 4 of the Schedule

Omit “Road” (second occurring).

8 Subclause 5(5) of Part 4 of the Schedule

Omit “Road”.

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See