Road Transport Reform (Light Rail) Legislation Amendment Act 2017 (ACT)

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Road Transport Reform (Light Rail) Legislation Amendment Act 2017

A2017-21

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Road Transport (Alcohol and Drugs) Act 1977

4            Meaning of special driverNew section 4B (1) (h) (v)  3

5            New section 4B (1) (m)  3

6            Meaning of driver trainerSection 4BA  3

7           Driver etc intoxicatedSection 24A (2), definition of vehicle, new paragraph (ab)  3

8            Consuming alcohol—driver or driver trainerSection 25 (2) (b)  4

9            Section 25 (5), definition of vehicle  4

10          Dictionary, note 3  4

Part 3Road Transport (Driver Licensing) Regulation 2000

11          New section 98A  5

12          Dictionary, note 4  5

Part 4Road Transport (General) Act 1999

13          Who is a responsible person for a vehicle?New section 10 (ca)  6

14          New section 10 (2)  6

15          Definitions—pt 3Section 21A, definition of illegal user declaration  6

16          Section 21A, definition of known user declaration  6

17          Section 21A, definition of online declaration  7

18          Section 21A, new definition of registrable or rail vehicle  7

19          Section 21A, definition of unknown user declaration  7

20          Division 3.3 heading  7

21          Meaning of all reasonable steps—div 3.3Section 32 (1), definition of all reasonable steps  8

22          Responsible person’s obligationsSection 33  8

23          New division 3.3AA heading  8

24          New division 3.3AB heading  8

25          Infringement notice—effect of penalty payment etcSection 39 (1) (c) (i)  9

26          Definitions—div 3.3ASection 40, definition of corporation’s vehicle  9

27          Meaning of all reasonable steps—div 3.3ASection 41 (1), definition of all reasonable steps  9

28          Demerit points offences—suspension of registration etcSection 42 (1) (a)  9

29          Suspension for nonpayment of infringement notice penaltiesSection 44 (1) (b)  10

30          Presumption against responsible personSection 53AA  10

31          Police officer or authorised person may require name, date of birth, address and driver licence—driver or riderNew section 58 (5)  10

32          Certificate evidence and other evidentiary provisionsSection 72 (6) (d)  11

33          Indemnity from personal liability for honest and good faith carrying out of dutiesNew section 230 (5)  11

34          Dictionary, definition of all reasonable steps, paragraph (a)                11

35          Dictionary, new definitions  11

36          Dictionary, definition of motor vehicle  12

37          Dictionary, new definitions  12

38          Dictionary, definition of vehicle  13

Part 5Road Transport (Offences) Regulation 2005

39          Meaning of identifying particulars—pt 2Section 4A, definition of identifying particulars, new paragraph (ba)       14

40          New section 4CA  14

41          Section 12  15

42          Infringement notices—service on nominated person—Act, s 24 (2)Section 14 (1) (a)  19

43          Infringement notices—contents—Act, s 25Section 14A (1) (f)  19

44          Section 14A (2) (h)  19

45          Section 14A (2) (l)  20

46          Section 14A (2) (l) (v)  20

47          Reminder notices—contents—Act, s 27 (3)Section 14B (1) (r) (ii)  20

48          Section 14B (2) (d)  20

49          Section 14B (2) (d) (v)  21

50          Dictionary, note 3  21

51          Dictionary, new definition of corresponding law  21

52          Dictionary, new definition of identifying particulars  21

Part 6Road Transport (Public Passenger Services) Act 2001

53          Meaning of bus and public busSection 10A, definition of bus, paragraph (b)  22

Part 7Road Transport (Safety and Traffic Management) Act 1999

54          New section 8A  23

55          New section 10AAA  25

56          Section 10D  25

57          Inspection and purchase of images taken by traffic offence detection devicesSection 27 (1) (b)  26

58          Dictionary, note 3  26

Part 8Road Transport (Safety and Traffic Management) Regulation 2000

59          Division 2.2.1 heading, note 2  27

60          ARR dict—definitions for dictionarySection 33 (1), new definition of bus  27

61          Keeping safe lateral distance when passing bicycle riderNew section 38A (1A)  27

62          Number of vehicles that may be drawnNew section 41 (6) (f)  27

63          New section 41 (7)  28

64          Definitions—div 3.1.3Section 82, definition of heavy vehicle  28

65          Tracked vehicle—Act, dict, def vehicle, par (b)Section 116  28

66          Dictionary, note 4  29

67          Dictionary, definition of articulated vehicle  29

Part 9Road Transport (Third‑Party Insurance) Act 2008

68          What is insured under a CTP policy?New section 19 (ba)  30

69          Section 19 (c)  30

70          Who is the CTP insurer?Section 23, definition of CTP insurer, paragraph (a)  30

71          Sections 28, 29 and 30 headings  31

72          New section 30A  31

73          Sections 31 and 34A headings  32

74          New sections 34C and 34D  32

75          New section 36B  33

76          Nominal defendant may recover costs from responsible person or driverSection 174 (1) and note  34

77          New section 174A  34

78          Dictionary, note 3  35

79          Dictionary, new definition of rail transport operator  35

Part 10Road Transport (Third‑Party Insurance) Regulation 2008

80          CTP premiums for policies for less than 1 yearSection 11 (1) (c) and note  36

81          CTP premium classesSchedule 1, section 1.1, definition of bus, new paragraph (f)               36

82          Schedule 1, section 1.1, definition of passenger vehicle, new paragraph (k) 36

83          Schedule 1, part 1.2, new items 57 and 58  37

84          Dictionary, note 3  37

85          Dictionary, note 4  37

Part 11Road Transport (Vehicle Registration) Act 1999

86          Dictionary, note 3  38

87          Dictionary, definition of heavy vehicle  38

88          Dictionary, definition of registrable vehicle, paragraph (a)                   38

Part 12Road Transport (Vehicle Registration) Regulation 2000

89          Using a heavy vehicle without registration label etc Section 45 (3) (c)  39

90          Vehicles to which sch 1 does not apply etcSchedule 1, new section 1.6 (1) (aa)  39

Schedule 1 Consequential Amendments  40

Part 1.1    Building and Construction Industry (Security of Payment) Act 2009     40

Part 1.2    Building and Construction Industry Training Levy Act 1999 40

Part 1.3    Civil Law (Wrongs) Act 2002  41

Part 1.4    Crimes Act 1900  42

Part 1.5    Criminal Code 2002  43

Part 1.6    Dangerous Goods (Road Transport) Act 2009               44

Part 1.7    Environment Protection Act 1997  44

Part 1.8    Environment Protection Regulation 2005  45

Part 1.9    Legislation Act 2001  46

Part 1.10   Limitation Act 1985  46

Part 1.11   Litter Act 2004  47

Part 1.12   Long Service Leave (Portable Schemes) Act 2009          48

Part 1.13   Planning and Development Act 2007  48

Part 1.14   Sale of Motor Vehicles Act 1977  49

Part 1.15   Spent Convictions Act 2000  49

Part 1.16   Uncollected Goods Act 1996  49

Part 1.17   Work Health and Safety Regulation 2011  50

Road Transport Reform (Light Rail) Legislation Amendment Act 2017

A2017-21

An Act to amend legislation about light rail, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

  1. Name of Act

    This Act is the Road Transport Reform (Light Rail) Legislation Amendment Act 2017.

  2. Commencement

    This Act commences on the 7th day after its notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Legislation amended

    This Act amends the following legislation:

    ·     Road Transport (Alcohol and Drugs) Act 1977

    ·     Road Transport (Driver Licensing) Regulation 2000

    ·     Road Transport (General) Act 1999

    ·     Road Transport (Offences) Regulation 2005

    ·     Road Transport (Public Passenger Services) Act 2001

    ·     Road Transport (Safety and Traffic Management) Act 1999

    ·     Road Transport (Safety and Traffic Management) Regulation 2000

    ·     Road Transport (Third‑Party Insurance) Act 2008

    ·     Road Transport (Third‑Party Insurance) Regulation 2008

    ·     Road Transport (Vehicle Registration) Act 1999

    ·     Road Transport (Vehicle Registration) Regulation 2000.

    NoteThis Act also amends other legislation (see sch 1).

Part 2Road Transport (Alcohol and Drugs) Act 1977

  1. Meaning of special driver
    New section 4B (1) (h) (v)

    insert

    (v)a light rail vehicle; or

  2. New section 4B (1) (m)

    insert

    (m)the person is with a driver of a light rail vehicle and is—

    (i)instructing the driver how to drive a light rail vehicle; or

    (ii)assessing the driver’s suitability to drive a light rail vehicle.

  3. Meaning of driver trainer
    Section 4BA

    omit

    section 4B (1) (j), (k) or (l)

    substitute

    section 4B (1) (j) to (m)

  4. Driver etc intoxicated
    Section 24A (2), definition of vehicle, new paragraph (ab)

    insert

    (ab)a personal mobility device; or

  5. Consuming alcohol—driver or driver trainer
    Section 25 (2) (b)

    before

    vehicle

    insert

    motor

  6. Section 25 (5), definition of vehicle

    substitute

    vehicle means—

    (a)a motor vehicle; or

    (b)a bicycle; or

    (c)a personal mobility device.

  7. Dictionary, note 3

    insert

    ·     light rail vehicle

    ·     personal mobility device

Part 3Road Transport (Driver Licensing) Regulation 2000

  1. New section 98A

    insert

98AExemption of drivers of light rail vehicles—Act, s 31 (1) (b)

A person who is driving a light rail vehicle on a road or road related area is exempt from holding an Australian driver licence that authorises the person to drive the light rail vehicle if the person is the holder of a full car licence.

  1. Dictionary, note 4

    insert

    ·     light rail vehicle

Part 4Road Transport (General) Act 1999

  1. Who is a responsible person for a vehicle?
    New section 10 (ca)

    insert

    (ca)for a light rail vehicle—the accredited rail transport operator for the light rail vehicle;

  2. New section 10 (2)

    after the note, insert

    (2)In this section:

    accredited rail transport operator means an accredited person within the meaning of the Rail Safety National Law (ACT).

  3. Definitions—pt 3
    Section 21A, definition of illegal user declaration

    after

    registrable

    insert

    or rail

  4. Section 21A, definition of known user declaration

    after

    registrable

    insert

    or rail

  5. Section 21A, definition of online declaration

    after

    authority

    insert

    under section 57 (Approval of website for online declarations)

  6. Section 21A, new definition of registrable or rail vehicle

    insert

    registrable or rail vehicle means—

    (a)a registrable vehicle; or

    (b)a light rail vehicle.

  7. Section 21A, definition of unknown user declaration

    after

    registrable

    insert

    or rail

  8. Division 3.3 heading

    substitute

Division 3.3               Infringement notice offences involving registrable and rail vehicles

  1. Meaning of all reasonable steps—div 3.3
    Section 32 (1), definition of all reasonable steps

    after

    registrable

    insert

    or rail

  2. Responsible person’s obligations
    Section 33

    after

    registrable

    insert

    or rail

  3. New division 3.3AA heading

    after section 33, insert

Division 3.3AA        Withdrawal of infringement notices

  1. New division 3.3AB heading

    after section 38, insert

Division 3.3AB        Effect of penalty payment etc

  1. Infringement notice—effect of penalty payment etc
    Section 39 (1) (c) (i)

    after

    registrable

    insert

    or rail

  2. Definitions—div 3.3A
    Section 40, definition of corporation’s vehicle

    omit

    registered owner

    substitute

    registered operator

  3. Meaning of all reasonable steps—div 3.3A
    Section 41 (1), definition of all reasonable steps

    omit

    registered owner

    substitute

    registered operator

  4. Demerit points offences—suspension of registration etc
    Section 42 (1) (a)

    omit

    registered owner

    substitute

    registered operator

  5. Suspension for nonpayment of infringement notice penalties
    Section 44 (1) (b)

    after

    registrable

    insert

    or rail

  6. Presumption against responsible person
    Section 53AA

    after

    registrable

    insert

    or rail

  7. Police officer or authorised person may require name, date of birth, address and driver licence—driver or rider
    New section 58 (5)

    after the note, insert

    (5)In this section:

    heavy combination—see the Heavy Vehicle National Law (ACT), section 5.

  8. Certificate evidence and other evidentiary provisions
    Section 72 (6) (d)

    after

    registrable vehicles

    insert

    or light rail vehicles

  9. Indemnity from personal liability for honest and good faith carrying out of duties
    New section 230 (5)

    insert

    (5)This section does not apply to an individual who is—

    (a)employed by a rail transport operator; and

    (b)exercising a function under the road transport legislation in the course of that employment.

  10. Dictionary, definition of all reasonable steps, paragraph (a)

    substitute

    (a)for division 3.3 (Infringement notice offences involving registrable and rail vehicles)—see section 32; and

  11. Dictionary, new definitions

    insert

    light rail—

    (a)means a system of transport for public passengers using lightweight rail and rolling stock; and

    (b)includes tracks, catenaries, supports for tracks and catenaries, stops, pedestrian access to stops, signalling facilities and signalling equipment.

    light rail vehicle means a motor vehicle built to be used on light rail.

  12. Dictionary, definition of motor vehicle

    substitute

    motor vehicle means a vehicle built to be propelled by a motor that forms part of the vehicle, but does not include a personal mobility device.

  13. Dictionary, new definitions

    insert

    personal mobility device means a vehicle that—

    (a)is designed to be self-balancing while a person travels in or on the vehicle; and

    (b)is propelled by an electric motor; and

    (c)has 2 wheels that operate on a single axis; and

    (d)has a platform anywhere between the 2 wheels for the person’s feet; and

    (e)has handles mounted on an upright post.

    rail transport operator—see the Rail Safety National Law (ACT), section 4.

    registrable or rail vehicle, for part 3 (Infringement notices for certain offences)—see section 21A.

  14. Dictionary, definition of vehicle

    substitute

    vehicle—

    (a)means any vehicle, including—

    (i)a tracked vehicle; and

    (ii)a light rail vehicle; and

    (iii)anything else prescribed by regulation to be a vehicle; but

    (b)does not include a vehicle (other than a light rail vehicle) that is used exclusively on a railway or tramway.

Part 5Road Transport (Offences) Regulation 2005

  1. Meaning of identifying particulars—pt 2
    Section 4A, definition of identifying particulars, new paragraph (ba)

    insert

    (ba)for a light rail vehicle involved in an infringement notice offence—see section 4CA; and

  2. New section 4CA

    insert

4CAIdentifying particulars for vehicle for infringement notice offence involving light rail vehicle—pt 2

(1)In this part:

identifying particulars, for a light rail vehicle involved in an infringement notice offence, means the unique identification number displayed on the light rail vehicle by the rail transport operator for the light rail vehicle.

(2)For a camera-detected offence, subsection (1) does not apply if it is not possible to decide those particulars from the image taken by the traffic offence detection device.

  1. Section 12

    substitute

  2. Infringement notices—service if offender known—Act, s 24 (2)

    (1)If the identity of the person who is believed to have committed an infringement notice offence (the suspected offender) is known, an authorised person may serve an infringement notice for the offence on the suspected offender.

    NoteFor how documents may be served, see the Legislation Act, pt 19.5.

    (2)An infringement notice may be served—

    (a)if it is reasonably practicable to serve the notice on the suspected offender personally—on the offender personally; or

    (b)in any other case—by sending the notice to the offender—

    (i)by prepaid post addressed to the offender, at—

    (A)the offender’s home address or business address; or

    (B)if the offender has an address for service in a record or register kept under the road transport legislation, Heavy Vehicle National Law (ACT) or a corresponding law—the recorded address for service; or

    (ii)by an electronic means if—

    (A)the electronic means is approved by the chief police officer or the road transport authority; and

    (B)the offender has given the authorised person an electronic address at which service may be effected by the electronic means.

    Examples—electronic means

    ·   email address

    ·   mobile telephone number

    Note 1For when a notice sent by post is taken to be given, see the Road Transport (General) Regulation 2000, s 9B. The Legislation Act, s 250 (1) does not apply to a notice given under the road transport legislation (see Road Transport (General) Regulation 2000, s 9B (4)).

    Note 2An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

12AInfringement notices—service if offender unknown—Act, s 24 (2)

(1)If the identity of the person who is believed to have committed an infringement notice offence is not known, but the offence involves a registrable or rail vehicle, an authorised person may serve an infringement notice for the offence on the responsible person for the vehicle.

NoteFor how documents may be served, see the Legislation Act, pt 19.5.

(2)An infringement notice may be served on a responsible person for the registrable or rail vehicle—

(a)if the vehicle is a registrable vehicle and it is reasonably practicable to access the vehicle—by securely placing or attaching the notice, addressed to the responsible person (without further description), on or to the vehicle in a prominent position; or

(b)in any other case—by sending the notice to the responsible person—

(i)by prepaid post addressed to the person, at—

(A)the person’s home address or business address; or

(B)if the person has an address for service in a record or register kept under the road transport legislation, Heavy Vehicle National Law (ACT) or a corresponding law—the recorded address for service; or

(ii)by an electronic means if—

(A)the electronic means is approved by the chief police officer or the road transport authority; and

(B)the responsible person has given the authorised person an electronic address at which service may be effected by the electronic means.

Examples—electronic means

·   email address

·   mobile telephone number

Note 1For when a notice sent by post is taken to be given, see the Road Transport (General) Regulation 2000, s 9B. The Legislation Act, s 250 (1) does not apply to a notice given under the road transport legislation (see Road Transport (General) Regulation 2000, s 9B (4)).

Note 2An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(3)A person commits an offence if—

(a)an infringement notice is placed on or attached to a vehicle; and

(b)the person does something that prevents the responsible person for the vehicle receiving or reading the infringement notice; and

(c)the person is reckless about whether the person’s action prevents the responsible person for the vehicle receiving or reading the infringement notice.

Maximum penalty:  20 penalty units.

NoteThe fault element of recklessness can be satisfied by proof of intention, knowledge or recklessness (see Criminal Code, s 20 (4)).

12BInfringement notices—service by electronic means—Act, s 24 (2)

(1)If the sender has no reason to suspect that an infringement notice served by electronic means under section 12 or section 12A was not received by the recipient when sent, the notice is presumed to be served when sent unless evidence sufficient to raise doubt about the presumption is given.

(2)If the sender has reason to suspect that an infringement notice served by electronic means was not received by the recipient when sent only if, on the day the notice was sent or on the next working day, the equipment the sender used to send the notice indicated by way of a signal or other message that—

(a)the equipment did not send the notice when the equipment was used to send the notice; or

(b)for an email—the address to which the email was sent was not an email address of the recipient; or

(c)for a mobile telephone—the number to which the notice was sent was not a mobile telephone number of the recipient.

(3)In this section:

recipient, for an infringement notice, means the person on whom the notice is intended to be served.

sender, for an infringement notice served or to be served by electronic means, means the person sending or seeking to send the notice.

  1. Infringement notices—service on nominated person—Act, s 24 (2)
    Section 14 (1) (a)

    after

    registrable

    insert

    or rail

  2. Infringement notices—contents—Act, s 25
    Section 14A (1) (f)

    after

    registrable

    insert

    or rail

  3. Section 14A (2) (h)

    after

    registrable

    insert

    or rail

  4. Section 14A (2) (l)

    omit

    registrable vehicle

    substitute

    registrable or rail vehicle

  5. Section 14A (2) (l) (v)

    omit

    registrable vehicles—responsible person’s liability

    substitute

    registrable and rail vehicles

  6. Reminder notices—contents—Act, s 27 (3)
    Section 14B (1) (r) (ii)

    after

    registrable

    insert

    or rail

  7. Section 14B (2) (d)

    omit

    registrable vehicle

    substitute

    registrable or rail vehicle

  8. Section 14B (2) (d) (v)

    omit

    registrable vehicles—responsible person’s liability

    substitute

    registrable and rail vehicles

  9. Dictionary, note 3

    insert

    ·     light rail vehicle

    ·     registrable or rail vehicle

  10. Dictionary, new definition of corresponding law

    insert

    corresponding law—see the Road Transport (Vehicle Registration) Act 1999, dictionary.

  11. Dictionary, new definition of identifying particulars

    insert

    identifying particulars, for part 2 (Infringement notices)—

    (a)generally—see section 4A; and

    (b)for an animal involved in an infringement notice offence—see section 4B; and

    (c)for a registrable vehicle involved in an infringement notice offence—see section 4C; and

    (d)for a light rail vehicle involved in an infringement notice offence—see section 4CA; and

    (e)for an authorised person—see section 4D.

Part 6Road Transport (Public Passenger Services) Act 2001

  1. Meaning of bus and public bus
    Section 10A, definition of bus, paragraph (b)

    substitute

    (b)does not include—

    (i)a limousine; or

    (ii)a light rail vehicle.

Part 7Road Transport (Safety and Traffic Management) Act 1999

  1. New section 8A

    in division 2.1, insert

8ARegistered operator and interested people to be notified of prosecution

(1)This section applies if a prosecution is started against a person for an offence involving a motor vehicle against—

(a)section 5A (Races, attempts on speed records, speed trials etc); or

(b)section 5B (Improper use of motor vehicle); or

(c)section 5C (Failing to stop motor vehicle for police); or

(d)section 8 (Menacing driving).

(2)The chief police officer must give notice of the prosecution to—

(a)if the prosecution is against a person other than the registered operator of the vehicle—the registered operator; or

(b)if the vehicle may be subject to forfeiture if the person is convicted or found guilty of the offence—the holder of any registered interest in the vehicle.

NoteFor how documents may be served, see the Legislation Act, pt 19.5.

(3)The notice must be given within 7 days after the day the prosecution starts.

(4)The notice must—

(a)state—

(i)either—

(A)the short description prescribed by regulation under the Road Transport (General) Act 1999 for the offence for which the prosecution has been started; or

(B)the provision of this Act contravened by the person; and

(ii)the place where the offence was committed and the date and approximate time of the offence; and

(iii)the identifying particulars prescribed by regulation under the Road Transport (General) Act 1999 for the vehicle; and

NoteThe short descriptions and identifying particulars are prescribed in the Road Transport (Offences) Regulation 2005.

(b)if the vehicle is not a light rail vehicle—tell the person that the vehicle may be subject to impounding or, if appropriate, forfeiture under section 10B.

(5)In this section:

registered interest, in relation to a motor vehicle, means an interest in the vehicle that is registered under the Personal Property Securities Act 2009 (Cwlth).

  1. New section 10AAA

    before section 10AA, insert

10AAAApplication—div 2.3

This division does not apply to a motor vehicle that is a light rail vehicle.

  1. Section 10D

    substitute

10DRegistered operator to be notified of seizure

(1)If a motor vehicle is seized under section 10C (1) (a) (Powers of police officers to seize and impound vehicles used in committing certain offences), the chief police officer must give notice of the seizure to the registered operator of the vehicle.

NoteFor how documents may be served, see the Legislation Act, pt 19.5.

(2)The notice must be given within 7 days after the day the vehicle is seized.

(3)The notice must—

(a)state—

(i)either—

(A)the short description prescribed by regulation under the Road Transport (General) Act 1999 for the offence for which the motor vehicle has been seized; or

(B)the provision of this Act contravened by the person; and

(ii)the place where the offence was committed and the date and approximate time of the offence; and

(iii)the identifying particulars prescribed by regulation under the Road Transport (General) Act 1999 for the vehicle; and

NoteThe short descriptions and identifying particulars are prescribed in the Road Transport (Offences) Regulation 2005.

(b)tell the registered operator that an application may be made to the chief police officer or the Magistrates Court for the release of the vehicle.

  1. Inspection and purchase of images taken by traffic offence detection devices
    Section 27 (1) (b)

    omit

    division 3.2 (Infringement and reminder notices)

    substitute

    division 3.3 (Infringement notice offences involving registrable and rail vehicles)

  2. Dictionary, note 3

    insert

    ·     light rail vehicle

Part 8Road Transport (Safety and Traffic Management) Regulation 2000

  1. Division 2.2.1 heading, note 2

    insert

35A dict, def bus 33 (1)

  1. ARR dict—definitions for dictionary
    Section 33 (1), new definition of bus

    insert

    bus means a motor vehicle built mainly to carry people that seats over 12 adults (including the driver), but does not include a light rail vehicle.

  2. Keeping safe lateral distance when passing bicycle rider
    New section 38A (1A)

    insert

    (1A)This section does not apply to a driver of a light rail vehicle.

  3. Number of vehicles that may be drawn
    New section 41 (6) (f)

    insert

    (f)a light rail vehicle.

  4. New section 41 (7)

    insert

    (7)In this section:

    articulated vehicle means a motor vehicle, other than a light rail vehicle, with—

    (a)    2 rigid sections, each of which has wheels; and

    (b)    the rear section pivoted on, and part of the rear section (other than a pole, drawbar or similar device, or an accessory of the motor vehicle) superimposed on, the front section.

  5. Definitions—div 3.1.3
    Section 82, definition of heavy vehicle

    substitute

    heavy vehicle—

    (a)means a vehicle (whether loaded or unloaded) that—

    (i)is longer than 7.5m; and

    (ii)has a GVM over 4.5t; and

    (iii)is used for commercial purposes; but

    (b)does not include a light rail vehicle.

  6. Tracked vehicle—Act, dict, def vehicle, par (b)
    Section 116

    omit

  7. Dictionary, note 4

    insert

    ·     light rail vehicle

  8. Dictionary, definition of articulated vehicle

    omit

Part 9Road Transport (Third‑Party Insurance) Act 2008

  1. What is insured under a CTP policy?
    New section 19 (ba)

    insert

    (ba)a light rail vehicle;

  2. Section 19 (c)

    omit

    paragraph (a) or (b)

    substitute

    paragraphs (a) to (ba)

  3. Who is the CTP insurer?
    Section 23, definition of CTP insurer, paragraph (a)

    substitute

    (a)for an insured motor vehicle that—

    (i)is a registered motor vehicle—the insurer selected as the CTP insurer for the motor vehicle under—

    (A)section 28 (Selecting for registered vehicle—first registration); or

    (B)section 29 (Selecting for registered vehicle—renewal of registration); or

    (ii)has a valid trader’s plate attached—the insurer selected under section 30 (Selecting for motor vehicle with trader’s plate) as the CTP insurer for a motor vehicle to which the trader’s plate may be attached; or

    (iii)is a light rail vehicle—the insurer selected as the CTP insurer for the light rail vehicle under section 30A (Selecting for light rail vehicle); or

  4. Sections 28, 29 and 30 headings

    substitute

  5. Selecting for registered vehicle—first registration

  6. Selecting for registered vehicle—renewal of registration

  7. Selecting for motor vehicle with trader’s plate

  8. New section 30A

    in part 2.3, insert

30ASelecting for light rail vehicle

(1)Before each insurance period for which a rail transport operator for a light rail vehicle intends to use the vehicle on a road or road related area, the operator must—

(a)tell the road transport authority about—

(i)the intention; and

(ii)if there is no CTP policy in force for the light rail vehicle—the unique identification number displayed on the light rail vehicle by the rail transport operator for the light rail vehicle; and

(b)select, in a way approved by the road transport authority, a licensed insurer to be the CTP insurer under a CTP policy for the light rail vehicle for the insurance period; and

(c)pay to the road transport authority the CTP premium for the CTP policy for the insurance period.

NoteCTP premiums must be decided in accordance with pt 2.6.

(2)In this section:

insurance period, for a light rail vehicle, means—

(a)a period of 12 months beginning on 1 November; or

(b)if the CTP policy for the light rail vehicle comes into force on another day—a period of less than 12 months beginning on the day the policy comes into force and ending on 31 October.

  1. Sections 31 and 34A headings

    substitute

  2. When CTP policy takes effect—registered motor vehicles

34AWhen CTP policy takes effect—trader’s plates

  1. New sections 34C and 34D

    in part 2.4, insert

34CWhen CTP policy takes effect—light rail vehicles

If a rail transport operator for a light rail vehicle pays to the road transport authority a CTP premium for a CTP policy for the light rail vehicle, the CTP policy comes into force—

(a)on the next 1 November; or

(b)if there is no CTP policy in force for the light rail vehicle when the CTP premium is paid—on the day after the day payment is made.

34DCTP policy in effect while insurer on risk—light rail vehicles

(1)A CTP policy for a light rail vehicle is in force for the period for which the CTP insurer is on risk under this section.

(2)The CTP insurer of the light rail vehicle is on risk for the insurance period for the light rail vehicle.

(3)The CTP insurer ceases to be on risk if the CTP policy is cancelled.

NoteCancellation of CTP policies is dealt with in s 36B.

(4)In this section:

insurance period—see section 30A (2).

  1. New section 36B

    in part 2.5, insert

36BCTP policy cancellation—light rail vehicles

(1)A CTP policy for a light rail vehicle is cancelled if the accreditation of the rail transport operator for light rail vehicle is cancelled or surrendered.

NoteA rail transport operator’s accreditation may be cancelled or surrendered under the Rail Safety National Law (ACT), s 73 or s 75.

(2)In this section:

accreditation, of a rail transport operator, means accreditation by the Office of the National Rail Safety Regulator under the Rail Safety National Law (ACT).

  1. Nominal defendant may recover costs from responsible person or driver
    Section 174 (1) and note

    substitute

    (1)This section applies if personal injury is caused by a motor accident involving—

    (a)an uninsured motor vehicle that is not a light rail vehicle; or

    (b)an unidentified motor vehicle.

    NoteThe nominal defendant is liable in relation to uninsured motor vehicles (see s 61), and unidentified motor vehicles (see s 63).

  2. New section 174A

    insert

174ANominal defendant may recover costs from rail transport operator

(1)This section applies if personal injury is caused by a motor accident involving an uninsured light rail vehicle.

NoteThe nominal defendant is liable in relation to uninsured light rail vehicles (see s 61).

(2)The nominal defendant may recover as a debt from the rail transport operator for the light rail vehicle any costs reasonably incurred by the nominal defendant for a motor accident claim for the personal injury.

(3)The nominal defendant may bring a proceeding for recovery of costs under this section before the costs have been actually paid in full and, in that case, a judgment for recovery of costs may provide that, as far as the costs have not been actually paid, the right to recover the costs is contingent on payment.

(4)This section does not affect a right of recovery that the nominal defendant may have, apart from this section, against the rail transport operator.

NoteAn amount recovered under this section must be paid into the nominal defendant fund (see s 163B).

  1. Dictionary, note 3

    insert

    ·     light rail vehicle

  2. Dictionary, new definition of rail transport operator

    insert

    rail transport operator—see the Rail Safety National Law (ACT), section 4.

Part 10Road Transport (Third‑Party Insurance) Regulation 2008

  1. CTP premiums for policies for less than 1 year
    Section 11 (1) (c) and note

    substitute

    (c)is issued with a trader’s plate for less than 1 year; or

    (d)enters into a CTP policy for a light rail vehicle for less than 1 year.

    NoteA CTP premium for a CTP policy must be paid when—

    (a)registering a vehicle (see Act, s 28); and

    (b)renewing the registration of a vehicle (see Act, s 29); and

    (c)applying for a trader’s plate (see Act, s 30); and

    (d)intending to use a light rail vehicle (see Act, s 30A).

  2. CTP premium classes
    Schedule 1, section 1.1, definition of bus, new paragraph (f)

    insert

    (f)a light rail vehicle.

  3. Schedule 1, section 1.1, definition of passenger vehicle, new paragraph (k)

    insert

    (k)a light rail vehicle.

  4. Schedule 1, part 1.2, new items 57 and 58

    insert

57 26 light rail vehicle not entitled
58 26 light rail vehicle entitled

  1. Dictionary, note 3

    insert

    ·     motor accident

    ·     motor accident claim

  2. Dictionary, note 4

    insert

    ·     light rail vehicle

    ·     vehicle

Part 11Road Transport (Vehicle Registration) Act 1999

  1. Dictionary, note 3

    insert

    ·     light rail vehicle

  2. Dictionary, definition of heavy vehicle

    substitute

    heavy vehicle—

    (a)means a motor vehicle or trailer with a GVM more than 4.5t; but

    (b)does not include a light rail vehicle.

  3. Dictionary, definition of registrable vehicle, paragraph (a)

    substitute

    (a)any motor vehicle except a light rail vehicle; or

Part 12Road Transport (Vehicle Registration) Regulation 2000

  1. Using a heavy vehicle without registration label etc
    Section 45 (3) (c)

    omit

    registered owner

    substitute

    registered operator

  2. Vehicles to which sch 1 does not apply etc
    Schedule 1, new section 1.6 (1) (aa)

    insert

    (aa)a light rail vehicle; or


Schedule 1Consequential Amendments

(see s 3)

Part 1.1Building and Construction Industry (Security of Payment) Act 2009

[1.1]Section 7 (1), definition of construction work, paragraph (b)

omit

railways

substitute

light rail and other railways

[1.2]New section 7 (3)

insert

(3)In this section:

light rail—see the Road Transport (General) Act 1999, dictionary.

Part 1.2Building and Construction Industry Training Levy Act 1999

[1.3]Schedule 1, item 3

substitute

3The construction, alteration, repair, demolition or removal of light rail or any other railway, or part of light rail or other railway, or of any platform, signal or other structure connected with light rail or other railway.

[1.4]Dictionary, new definition of light rail

insert

light rail—see the Road Transport (General) Act 1999, dictionary.

Part 1.3Civil Law (Wrongs) Act 2002

[1.5]Dictionary, definition of motor vehicle, paragraph (a) (i), new note

insert

NoteA light rail vehicle is a motor vehicle under the Road Transport (General) Act 1999.

[1.6]Dictionary, definition of motor vehicle, paragraph (a) (ii)

omit

a vehicle

substitute

another vehicle

Part 1.4Crimes Act 1900

[1.7]Section 4, notes

substitute

Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘motor vehicle—see the Road Transport (General) Act 1999, dictionary.’ means that the term ‘motor vehicle’ is defined in that dictionary and the definition applies to this Act.

Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

[1.8]Section 28A (4), definition of railway

omit

[1.9]Section 28A (4), definition of vehicle, paragraph (b)

substitute

(b)a light rail vehicle, train or tram;

[1.10]Section 144

before

railway engine

insert

light rail vehicle,

[1.11]Section 145

before

railway engine

insert

light rail vehicle,

[1.12]Section 252F (4), definition of motor vehicle

omit

[1.13]Dictionary, new definitions of light rail, light rail vehicle and railway

insert

light rail—see the Road Transport (General) Act 1999, dictionary.

light rail vehicle—see the Road Transport (General) Act 1999, dictionary.

railway includes light rail.

Part 1.5Criminal Code 2002

[1.14]Section 318 (3)

omit

[1.15]Section 369 (4)

omit

[1.16]Dictionary, new definition of motor vehicle

insert

motor vehicle—see the Road Transport (General) Act 1999, dictionary.

Part 1.6Dangerous Goods (Road Transport) Act 2009

[1.17]Dictionary, new definition of light rail

insert

light rail—see the Road Transport (General) Act 1999, dictionary.

[1.18]Dictionary, definition of road infrastructure, paragraph (a) (v)

after

railway

insert

(including light rail)

Part 1.7Environment Protection Act 1997

[1.19]Section 8 (1) (a)

substitute

(a)a light rail vehicle or other train; or

[1.20]Section 8 (3), new definition of light rail vehicle

insert

light rail vehicle—see the Road Transport (General) Act 1999, dictionary

Part 1.8Environment Protection Regulation 2005

[1.21]Division 2.1 heading, note 1, paragraph (a)

substitute

(a)a light rail vehicle or other train; or

[1.22]Part 3 heading, note 1, paragraph (a)

substitute

(a)a light rail vehicle or other train; or

[1.23]Schedule 2, section 2.2 (1), definition of light rail

substitute

light rail—see the Road Transport (General) Act 1999, dictionary.

[1.24]Dictionary, definition of light rail

substitute

light rail, for schedule 2, part 2.3 (Noise conditions)—see the Road Transport (General) Act 1999, dictionary.

Part 1.9Legislation Act 2001

[1.25]Dictionary, part 1, new definition of Rail Safety National Law (ACT)

insert

Rail Safety National Law (ACT) means the provisions applying in the ACT because of the Rail Safety National Law (ACT) Act 2014, section 6 (Application of Rail Safety National Law).

Part 1.10Limitation Act 1985

[1.26]Section 30A (8), definition of motor vehicle, paragraph (a), new note

insert

NoteA light rail vehicle is a motor vehicle under the Road Transport (General) Act 1999.

[1.27]Section 30A (8), definition of motor vehicle, paragraph (b)

omit

a vehicle

substitute

any other vehicle

Part 1.11Litter Act 2004

[1.28]Section 13 (2)

substitute

(2)Subsection (1) does not apply if the leaflet is placed in or on a motor vehicle (other than a light rail vehicle) and—

(a)is placed in accordance with a territory law; or

(b)contains a message that is—

(i)of a personal nature; and

(ii)directed only to the owner, or the driver or rider, of the motor vehicle.

[1.29]Section 13 (4)

substitute

(4)Subsection (3) does not apply if the leaflet is placed—

(a)in or on a motor vehicle (other than a light rail vehicle); and

(b)in accordance with a territory law.

[1.30]Section 13 (6), new definition of light rail vehicle

insert

light rail vehicle—see the Road Transport (General) Act 1999, dictionary.

Part 1.12Long Service Leave (Portable Schemes) Act 2009

[1.31]Schedule 1, section 1.1 (1) (a) (ii)

omit

railways

substitute

light rail and other railways

[1.32]Schedule 1, new section 1.1 (3)

insert

(3)In this section:

light rail—see the Road Transport (General) Act 1999, dictionary.

Part 1.13Planning and Development Act 2007

[1.33]Dictionary, definition of light rail

substitute

light rail—see the Road Transport (General) Act 1999, dictionary.

Part 1.14Sale of Motor Vehicles Act 1977

[1.34]Dictionary, new definition of light rail vehicle

insert

light rail vehicle—see the Road Transport (General) Act 1999, dictionary.

[1.35]Dictionary, definition of motor vehicle

omit

any vehicle used on a railway

substitute

a light rail vehicle or any other vehicle used on a railway

Part 1.15Spent Convictions Act 2000

[1.36]Section 14 (1), definition of motor vehicle

substitute

motor vehicle—see the Road Transport (General) Act 1999, dictionary.

Part 1.16Uncollected Goods Act 1996

[1.37]Dictionary, new definition of light rail vehicle

insert

light rail vehicle—see the Road Transport (General) Act 1999, dictionary.

[1.38]Dictionary, definition of vehicle

substitute

vehicle—

(a)means any means of conveyance which runs on wheels, including a light rail vehicle; but

(b)does not include—

(i)a wheelchair; or

(ii)a vehicle (other than a light rail vehicle) that is used on a railway.

Part 1.17Work Health and Safety Regulation 2011

[1.39]Section 291, definition of high risk construction work, paragraph (n)

after

railway

insert

(including light rail)

[1.40]New section 291 (2)

insert

(2)In this section:

light rail—see the Road Transport (General) Act 1999, dictionary.

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 8 June 2017.

  2. Notification

    Notified under the Legislation Act on 8 August 2017.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Road Transport Reform (Light Rail) Legislation Amendment Bill 2017, which was passed by the Legislative Assembly on 1 August 2017.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2017

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