Road Safety (Vehicles) (Hazardous Areas) Regulations 1996 (Vic)

Road Safety (Vehicles) (Hazardous Areas)

Regulations 1996

S.R. No. 90/1996

TABLE OF PROVISIONS

Regulation Page

1.	Objectives	1
2.	Authorising provision	1
3.	Commencement	1
4.	Principal Regulations	2
5.	Insertion of definitions	2
6.	Insertion of new Part 10A	2
PART 10A—HAZARDOUS AREAS	2
1050. Declaration of hazardous area	2
1051. Driving in hazardous areas	3
1052. Requirements for vehicles in hazardous areas	4
7.	Delayed amendment of regulation 1051	5
8.	Transitional	5

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NOTES 6

i

STATUTORY RULES 1996

S.R. No. 90/1996

Road Safety Act 1986

Road Safety (Vehicles) (Hazardous Areas)

Regulations 1996

The Governor in Council makes the following Regulations:
Dated: 27 August 1996

Responsible Minister:

GEOFF CRAIGE

Minister for Roads and Ports

N. C. WHITE

Acting Clerk of the Executive Council

1. Objectives

The objectives of these Regulations are—

(a)	to provide for the declaration of hazardous areas; and
(b)	to regulate the use of certain vehicles in hazardous areas.

2. Authorising provision

These Regulations are made under section 95 of the Road Safety Act 1986.

3. Commencement

(1) These Regulations (except regulation 7) come into
operation on the day on which they are made.

(2) Regulation 7 comes into operation on 1 June

1997.

Road Safety (Vehicles) (Hazardous Areas) Regulations 1996

r. 4 S.R. No. 90/1996

4. Principal Regulations

In these Regulations, the Road Safety (Vehicles)
Regulations 19881 are called the Principal

Regulations.

5. Insertion of definitions

In regulation 105(1) of the Principal Regulations,
insert the following definitions—

'"commercial passenger vehicle" has the same

meaning as in section 86 of the Transport

Act 1983;

"hazardous area" means an area in respect of

which a declaration under regulation 1050 is

in force;

"private omnibus" has the same meaning as in

section 86 of the Transport Act 1983;'.

6. Insertion of new Part 10A

After Part 10 of the Principal Regulations insert—

'PART 10A—HAZARDOUS AREAS

1050. Declaration of hazardous area

(1) The Corporation may, by notice published in

the Government Gazette, declare that any
area, which in the opinion of the Corporation
contains hazardous driving conditions for
vehicles, is a hazardous area for the purposes

of these Regulations.

(2) In making a declaration the Corporation may

specify that an area is only hazardous for a
specified period or at certain times of the
year.

Road Safety (Vehicles) (Hazardous Areas) Regulations 1996

S.R. No. 90/1996 r. 6

1051. Driving in hazardous areas

(1) In this regulation, "vehicle" does not

include a vehicle which moves on caterpillar
tracks and is designed for use on or over

snow.

(2) The Corporation, or a person approved by

the Corporation, may grant a hazardous area
authority to a person to drive a vehicle

which—

(a)	seats more than 12 people (including the driver) and is a commercial passenger vehicle licensed under Division 5 of Part VI of the Transport Act 1983; or
(b)	is a private omnibus licensed under Division 6 of Part VI of the Transport Act 1983—

in a hazardous area for any period up to 6
years.

(3) The Corporation may require an applicant for a hazardous area authority to pass any test and hold any qualification specified by

the Corporation that relates to the applicant's
fitness to drive a vehicle which seats more
than 12 people (including the driver) in a

hazardous area.

(4) A person must not drive a vehicle referred to

in sub-regulation (2) in a hazardous area
unless the person has been granted a
hazardous area authority which is in force.
Penalty : 20 penalty units.

(5) A person driving a vehicle referred to in sub- regulation (2) in a hazardous area must carry his or her hazardous area authority which is

in force.

Road Safety (Vehicles) (Hazardous Areas) Regulations 1996

r. 6 S.R. No. 90/1996

Penalty : 5 penalty units.

(6) A person must not—

(a) drive or use in a hazardous area; or

(b) cause or permit to be driven or used in a hazardous area—

a vehicle referred to in sub-regulation (2)
which is not in a safe condition.
Penalty : 20 penalty units.

1052.  Requirements for vehicles in hazardous areas

(1) The holder of a commercial passenger

vehicle licence or private omnibus licence in respect of a vehicle referred to in regulation 1051(2) or the owner or driver of such a
vehicle must not use the vehicle in a

hazardous area unless the vehicle has—

(a) a full dual braking system; and

(b)	adequate demisting and saloon heating systems; and
(c)	a spare wheel, a jack and a wheel brace; and
(d)	wheel chains of a design approved by the Corporation which are in good condition and which are capable of being attached to the outer drive wheels of the vehicle; and

(e) wheel chocks; and
(f) a torch or a lead light; and

(g) a shovel.

Penalty : 20 penalty units.

(2) The holder of a commercial passenger

vehicle licence or private omnibus licence in

Road Safety (Vehicles) (Hazardous Areas) Regulations 1996

S.R. No. 90/1996 r. 7

respect of a vehicle referred to in regulation
1051(2) or the owner or driver of such a
vehicle must not use the vehicle in a
hazardous area if the vehicle is towing a
trailer and the Corporation has not allowed
the vehicle to be used to tow a trailer in a
hazardous area.

Penalty : 20 penalty units'.

7. Delayed amendment of regulation 1051

In regulation 1051(2) of the Principal Regulations,
after paragraph (b) insert—

"; or

(c) seats more than 30 people (including the driver)—".

8. Transitional

A person who held a hazardous area authority under regulation 9 of the Transport (Passenger Vehicles) Regulations 1994 immediately before

the commencement of section 26 of the Road which the first-mentioned authority would have expired had section 26 of the Road Safety (Miscellaneous Amendments) Act 1995 not been enacted.

Safety (Miscellaneous Amendments) Act 1995
is deemed to be the holder of a hazardous area
authority under regulation 1051 of these

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Road Safety (Vehicles) (Hazardous Areas) Regulations 1996

Notes S.R. No. 90/1996

NOTES

1 S.R. No. 29/1988. Reprinted (No. 3) to S.R. No. 190/1995 and

subsequently amended by S.R. No. 63/1996.