Road Transport (Vehicle Registration) Act 1997 - Road Transport (Vehicle Registration) Amendment (Hire Trailer Maintenance Management Accreditation Scheme) Regulation 2001 (2001-813) [GG No 156 of 12.10.2001, p 8526] (NSW)
2001 No 813
Road Transport (Vehicle Registration)New South Wales
Amendment (Hire Trailer Maintenance
Management Accreditation Scheme)
Regulation 2001
under the
Road Transport (Vehicle Registration) Act 1997
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Road Transport (Vehicle Registration) Act 1997.
CARL SCULLY, M.P.,
Minister for Roads
Explanatory note
The object of this Regulation is to amend the Road Transport (Vehicle Registration) Regulation 1998 (the Principal Regulation) to provide for the establishment and recognition of the Hire Trailer Maintenance Management Accreditation Scheme.
The Roads and Traffic Authority (the Authority) will be able to accept an accreditation of a registered operator in relation to a hire trailer under the Scheme as evidence that the hire trailer complies with the applicable vehicle standards under the Principal Regulation.
The Hire Trailer Maintenance Management Accreditation Scheme is to be operated by the Authority.
| Published in Gazette No 156 of 12 October 2001, page 8526 | Page 1 |
| [12] | |
| 2001 No 813 |
Road Transport (Vehicle Registration) Amendment (Hire Trailer Maintenance Management
Accreditation Scheme) Regulation 2001
Explanatory note
This Regulation inserts a new part (Part 7 Hire Trailer Maintenance Management Accreditation Scheme) into Chapter 5 of the Principal Regulation to govern the operation of the Scheme by the Authority. The new part provides for the following:
| (a) | applications for, and issuing of, accreditations, |
(b) fees,
| (c) | variation, suspension and cancellation of accreditations, |
| (d) | internal reviews of such decisions, |
| (e) | other minor matters of a machinery nature. |
This Regulation also makes various amendments in the nature of statute law
revision.
This Regulation is made under the Road Transport (Vehicle Registration) Act 1997,
including section 14 (the general regulation-making power) and section 15A
(Regulations to establish system for vehicle standards and inspections).
2001 No 813
| Road Transport (Vehicle Registration) Amendment (Hire Trailer | Clause 1 |
| Maintenance Management Accreditation Scheme) Regulation 2001 |
Road Transport (Vehicle Registration) Amendment
(Hire Trailer Maintenance Management Accreditation
Scheme) Regulation 2001
Name of Regulation
This Regulation is the Road Transport (Vehicle Registration) Amendment (Hire Trailer Maintenance Management Accreditation Scheme) Regulation 2001.
Amendment of Road Transport (Vehicle Registration) Regulation 1998
The Road Transport (Vehicle Registration) Regulation 1998 is amended as set out in Schedule 1.
3 Notes
The explanatory note does not form part of this Regulation.
2001 No 813
Road Transport (Vehicle Registration) Amendment (Hire Trailer
Maintenance Management Accreditation Scheme) Regulation 2001
| Schedule 1 | Amendments |
| Schedule 1 | Amendments |
(Clause 2)
Clause 58 Compliance with vehicle standards
Insert at the end of clause 58 (1) (d):
, or
(e) the fact that the vehicle and the registered operator of the vehicle are the subject of an accreditation under the Hire Trailer Maintenance Management Accreditation Scheme under Part 7 of Chapter 5.
Clause 78C Accreditation label
Renumber clause 79C as clause 78C.
Clause 78D Variation, suspension and cancellation of accreditation
Omit “with the requirements” from clause 78D (1) (c).
Insert instead “with any requirement”.
Clause 78D (1) (d)
Omit “with requirements”. Insert instead “with any requirement”.
Clause 78E Internal review of variation, suspension or cancellation of accreditation
Omit “suspend of cancel” from clause 78E (2) (c).
Insert instead “suspend or cancel”.
2001 No 813
Road Transport (Vehicle Registration) Amendment (Hire Trailer
Maintenance Management Accreditation Scheme) Regulation 2001
| Amendments | Schedule 1 |
Chapter 5, Part 7
Insert after Part 6:
Part 7 Hire Trailer Maintenance Management
Accreditation Scheme
78F Establishment of Scheme The Authority is to establish a scheme for the accreditation of registered operators of hire trailers that are heavy vehicles.
78G Application for accreditation
(1)
A registered operator of a hire trailer that is a heavy vehicle may apply to the Authority to be accredited under the Hire Trailer Maintenance Management Accreditation Scheme.
(2)
An application for accreditation must be in a form approved by the Authority and be accompanied by the applicable scheduled fee.
78H Accreditation under Scheme
(1)
The Authority may accredit a registered operator under the Hire Trailer Maintenance Management Accreditation Scheme in relation to one or more nominated vehicles, if the Authority is satisfied that:
(a) the operator is of suitable character and is competent to carry out the operator’s responsibilities under the Scheme, and (b) the nominated vehicles comply with the requirements of the Scheme. (2) An accreditation may be issued conditionally or unconditionally, as the Authority considers appropriate, in relation to the Scheme.
(3)
The Authority may refuse to accredit a registered operator if the Authority is not satisfied that the registered operator, or the relevant nominated vehicles, meet the requirements of the Scheme.
2001 No 813
Road Transport (Vehicle Registration) Amendment (Hire Trailer
Maintenance Management Accreditation Scheme) Regulation 2001
| Schedule 1 | Amendments |
(4) An accreditation has a duration of either 2 or 3 years, as may be
specified in the instrument of accreditation.
78I Accreditation label If the Authority accredits a registered operator under the Hire Trailer Maintenance Management Accreditation Scheme, every nominated vehicle under that accreditation must be affixed with an accreditation label in the form and manner specified by the Authority.
78J Variation, suspension and cancellation of accreditation (1) Subject to this clause, the Authority may vary, suspend or cancel a registered operator’s accreditation under the Hire Trailer Maintenance Management Accreditation Scheme, if:
(a)
the Authority is, for any reason, of the opinion that the operator is not a fit and proper person to continue to be accredited, or
(b)
the registered operator has failed to comply with a condition of the accreditation, or
(c)
a nominated vehicle of the registered operator does not comply with any requirement of the Scheme, or
(d)
a review of the operator’s activities reveals non- compliance with any requirement of the Scheme.
(2)
Before varying, suspending or cancelling a registered operator’s accreditation under the Hire Trailer Maintenance Management Accreditation Scheme on the ground referred to in subclause (1) (a), the Authority must give the registered operator notice in writing that advises the registered operator of:
(a) the proposed decision and the reasons for it, and (b) the date that the proposed decision will take effect, and (c)
the registered operator’s right to a review of the decision by one or more officers of the Authority appointed for the purpose (an internal review), and
(d)
the registered operator’s right, after an internal review is finalised, to appeal against the decision to a Local Court.
2001 No 813
Road Transport (Vehicle Registration) Amendment (Hire Trailer
Maintenance Management Accreditation Scheme) Regulation 2001
| Amendments | Schedule 1 |
(3) Before varying, suspending or cancelling a registered operator’s accreditation under the Hire Trailer Maintenance Management Accreditation Scheme on a ground referred to in subclause (1) (b), (c) or (d), the Authority must give the registered operator notice in writing that advises the registered operator of:
(a) the proposed decision and the reasons for it, and (b) the action to be taken by the operator to avoid the variation, suspension or cancellation and the date by which such action must be taken, and (c) the matters referred to in subclause (2) (c) and (d). (4) The notice referred to in subclause (3) must also advise the registered operator that if the action referred to in subclause (3) (b) is not taken by the date specified in the notice for that purpose, the variation, suspension or cancellation will then take effect.
(5) A variation, suspension or cancellation takes effect:
(a)
in the case of a variation, suspension or cancellation on the ground referred to in subclause (1) (a)—on the date specified in the notice referred to in subclause (2), and
(b)
in the case of a variation, suspension or cancellation on a ground referred to in subclause (1) (b), (c) or (d)—if the action required to be taken to avoid the variation, suspension or cancellation has not been taken within the period specified in the notice referred to in subclause (3), at the end of that period.
(6) However:
(a)
an application for an internal review of a decision to vary, suspend or cancel an accreditation that is duly lodged in accordance with clause 78K operates as a stay of the decision pending the determination of the review, and
(b)
a notice of appeal against a decision to cancel an accreditation that is duly lodged in accordance with clause 10A of Schedule 2 to the Road Transport (General) Regulation 1999 operates as a stay of the decision pending the determination of the appeal.
2001 No 813
Road Transport (Vehicle Registration) Amendment (Hire Trailer
Maintenance Management Accreditation Scheme) Regulation 2001
| Schedule 1 | Amendments |
78K Internal review of variation, suspension or cancellation of
accreditation
(1) Any registered operator aggrieved by a decision of the Authority to vary, suspend or cancel the registered operator’s accreditation under the Hire Trailer Maintenance Management Accreditation Scheme may apply for an internal review of the decision under this clause (an internal review).
(2) An application for an internal review is:
(a) to be in writing in the form approved by the Authority, and (b) to specify an address in Australia to which a notice under subclause (7) may be sent, and (c) to be lodged with the Authority within 28 days after the registered operator was given the notice under clause 78J of the decision to vary, suspend or cancel the operator’s accreditation, and (d) to comply with such other requirements as may be set out in the approved form in respect of the making of applications for internal reviews. (3) An application for an internal review is to be dealt with by an officer or a panel of two or more officers of the Authority (other than the officer who made the original decision) who are directed to do so by the Authority (the internal review officer or panel). (4) In reviewing a decision, the internal review officer or panel is to consider any relevant material submitted by the registered operator. (5) Following the internal review of the decision, the internal review officer or panel may:
(a) confirm the decision, or (b) vary the decision, or (c) set aside the decision and make an alternative decision. In exercising a function under this clause, an internal review officer or panel is taken to have the functions of the officer who made the decision being reviewed.
(6)
2001 No 813
Road Transport (Vehicle Registration) Amendment (Hire Trailer
Maintenance Management Accreditation Scheme) Regulation 2001
| Amendments | Schedule 1 |
(7) As soon as practicable (and in any event within 28 days) after the completion of an internal review of a decision, the Authority must notify the registered operator in writing of:
(a) the outcome of the internal review, and (b) the reasons for the decision in the internal review, and (c) the right of the registered operator to appeal against the decision to the Local Court. (8) If the Authority does not notify the registered operator of the outcome of the review within 28 days after the application for the internal review has been lodged (or such other period as the Authority and registered operator have agreed on), the decision being reviewed is taken to be confirmed. (9) An internal review is taken to be finalised if:
(a) the registered operator is notified of the outcome of the review under subclause (7), or (b) the decision being reviewed is taken to be confirmed under subclause (8). (10) A person is not entitled to a review under this clause of any
decision previously reviewed under this clause.
Clause 83C
Insert after clause 83B:
83C Exemption, waiver or refund of Hire Trailer Maintenance Management Accreditation Scheme application fee
The Authority may, for such reason as the Authority considers sufficient, exempt a person from the application fee referred to in clause 78G (2), or waive or wholly or partly refund a fee that would be otherwise payable or has been paid in accordance with that subclause.
2001 No 813
Road Transport (Vehicle Registration) Amendment (Hire Trailer
Maintenance Management Accreditation Scheme) Regulation 2001
| Schedule 1 | Amendments |
Schedule 2 Scheduled fees
Insert at the end of the Schedule:
Clauses 78G and 78H 12 Accreditation 66 plus 22 per of registered nominated vehicle operator
under the Hire
Trailer
Maintenance
Management
Accreditation
Scheme
[9] Dictionary
Insert in alphabetical order:
hire trailer means a trailer that is hired for a fee or other a heavy vehicle and that is identified in a registered operator’s accreditation under the Scheme as a nominated vehicle for the purposes of that accreditation.
consideration.
Hire Trailer Maintenance Management Accreditation
Scheme means the scheme established by the Authority under
Part 7 of Chapter 5.
nominated vehicle, in relation to the Hire Trailer Maintenance
BY AUTHORITY
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