Road Traffic (Mass and Loading Requirements) Variation Regulations 2007 (SA)

South Australia

Road Traffic (Mass and Loading Requirements) Variation Regulations 2007

under the Road Traffic Act 1961

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Road Traffic (Mass and Loading Requirements) Regulations 1999

1. Variation of regulation 5—Application of mass and loading requirements

2. Variation of Schedule 1—Mass and loading requirements for heavy vehicles

3. Variation of Dictionary

Part 1—Preliminary

1—Short title

These regulations may be cited as the Road Traffic (Mass and Loading Requirements) Variation Regulations 2007.

2—Commencement

These regulations will come into operation on 30 April 2007.

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 Road Traffic (Mass and Loading Requirements) Regulations 1999

4—Variation of regulation 5—Application of mass and loading requirements

Regulation 5(1)—after "following" insert:

vehicles

5—Variation of Schedule 1—Mass and loading requirements for heavy vehicles

1. Schedule 1, clause 3(1)—delete subclause (1) and substitute:

   (1)Subject to this clause, in the case of a heavy vehicle, the mass limits in Table 2 must not be exceeded in relation to the distances set out in the Table that apply to the heavy vehicle.

2. Schedule 1, clause 3—after subclause (3) insert:

   (3a)Despite the preceding subclauses, subclause (1) and Table 2 will apply to a road train or B‑double that is driven on a road in contravention of a condition of approval that applies to the road train or B‑double under section 161A of the Act and restricts the roads on which it may be driven.

3. Schedule 1, clause 4(4)—delete subclause (4) and substitute:

   (4)If:

   (a)—

   (i)the manufacturer of a motor vehicle forming part of a road train or B‑double has not specified the GCM of the vehicle; or

   (ii)the manufacturer cannot be identified; or

   (iii)the vehicle has been modified to the extent that the manufacturer's specification is no longer appropriate; and

   (b)a corresponding Authority has not specified the GCM of the vehicle,

   the GCM of the vehicle is to be determined by the Registrar of Motor Vehicles as a mass not exceeding the mass determined in accordance with the following formula:

   where:

   K means:

   (a)0.055 if a single drive axle is fitted to the motor vehicle; or

   (b)0.053 if a single drive tandem axle group is fitted to the motor vehicle; or

   (c)0.051 if a dual drive tandem axle group is fitted to the motor vehicle

   M means the number of tyre revolutions per kilometre as specified by the tyre manufacturer for the tyres fitted to the driving axle or axles

   R means the overall gear reduction between engine and drive wheels

   T means the maximum engine net torque in newton‑metres.

6—Variation of Dictionary

1. Dictionary, definition of complying bus, (b)—delete "corresponding law of another State or a Territory" and substitute:

   law of another State or a Territory that corresponds to that regulation

2. Dictionary, definition of GCM—delete the definition and substitute:

   GCM of a vehicle means the greatest possible sum of the maximum loaded mass of the vehicle and of any vehicles that may lawfully be towed by it at any one time:

   (a)as specified by the vehicle's manufacturer; or

   (b)as specified by an Australian Authority if:

   (i)the manufacturer has not specified the sum of the maximum loaded mass; or

   (ii)the manufacturer cannot be identified; or

   (iii)the vehicle has been modified to the extent that the manufacturer's specification is no longer appropriate;

3. Dictionary, definition of GTM, (b)—delete "the vehicle registration authority" and substitute:

   an Australian Authority

4. Dictionary, definitions of GVM and load—delete the definitions and substitute:

   GVM of a vehicle means the maximum loaded mass of the vehicle:

   (a)as specified by the vehicle's manufacturer; or

   (b)as specified by an Australian Authority if:

   (i)the manufacturer has not specified a maximum loaded mass; or

   (ii)the manufacturer cannot be identified; or

   (iii)the vehicle has been modified to the extent that the manufacturer's specification is no longer appropriate;

   load of a vehicle, or in or on a vehicle, means:

   (a)all the goods, passengers and drivers in or on the vehicle; and

   (b)all fuel, water, lubricants and readily removable equipment carried in or on the vehicle and required for its normal operation; and

   (c)personal items used by a driver of the vehicle; and

   (d)anything that is normally removed from the vehicle when not in use,

   and includes a part of a load as so defined;

5. Dictionary, definitions of vehicle and vehicle registration authority—delete the definitions

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's Deputy

with the advice and consent of the Executive Council

on 26 April 2007

No 44 of 2007

MTRAN09/04CS