Roads Act 1993 Road Transport (Mass, Loading and Access) Amendment (Short Descriptions and Other Matters) Regulation 1997 (1997-276) [GG No 68 of 27.6.1997, p 4908] (NSW)

1997 No 276

New South Wales

Road Transport (Mass, Loading and

Access) Amendment (Short
Descriptions and Other Matters)

Regulation 1997

under the

Roads Act 1993

His Excellency the Governorwith the advice of the Executive Council, has made the following Regulation under the Roads Act 1993.

CARL SCULLY, M.P.,

Minister for Roads

Explanatory note

The objects of this Regulation are:

(a)	to prescribe the short descriptions that, by virtue of section 145B of the Justices Act 1902, may be used in any information, complaint, summons, warrant, notice or other document to describe an offence under the Road Transport (Mass, Loading and Access) Regulation 1996 (Schedule 1 [9]), and
(b)	to replace the definition of combination with a definition that defines the term by reference to a group of vehicles (Schedule 1 [12]), and
(c)	to put it beyond doubt that any notice erected before 1 July 1996 (the date on which the principal Regulation commenced) in accordance with clause 11 of the Roads (Weight of Loads on Roads Other than

Main Roads) Transitional Regulation 1993 continues to have effect

under that clause as if the clause had not been repealed by the
principal Regulation (Schedule 1 [5]), and

Published in Gazette No 68 of 27 June 1997, page 4908 Page 1

1997 No 276

Road Transport (Mass, Loading and Access) Amendment (Short Descriptions and Other Matters) Regulation 1997

Explanatory note

(d) to make some minor corrections by way of law revision.

This Regulation is made under section 264 (the general regulation-making power) of the Roads Act 1993, as extended by section 145B (3) of the

Justices Act 1902, and section 264A of the Roads Act 1993.

1997 No 276

Road Transport (Mass, Loading and Access) Amendment (Short Descriptions and Other Matters) Regulation 1997 Clause 1

Road Transport (Mass, Loading and Access)
Amendment (Short Descriptions and Other

Matters) Regulation 1997

1 Name of Regulation

This Regulation is the Road Transport (Mass, Loading and

Access) Amendment (Short Descriptions and Other Matters)

Regulation 1997.

2 Commencement

This Regulation commences on 1 July 1997.

3 Amendment of Road Transport (Mass, Loading and Access) Regulation 1996

The Road Transport (Mass, Loading and Access) Regulation

1996 is amended as set out in Schedule 1.

4 Notes

The explanatory note does not form part of this Regulation.

Page 3

1997 No 276

Road Transport (Mass, Loading and Access) Amendment (Short Descriptions and Other Matters) Regulation 1997

Schedule 1	Amendments
Schedule 1	Amendments

(Clause 3)

1. Clause 34 Punishment for failure to comply with this Regulation

Omit “an aggregate mass” from clause 34 (2) (d) (iv).
Insert instead “loaded mass”.

1. Clause 35 Loading offences

Omit “(subclauses (1)–(6))” from clause 35 (6).
Insert instead “(subclauses (4)–(6))”.

1. Clause 36 Failure to comply with a condition of a Class 1, 2 or 3 notice or permit

Omit “an aggregate mass” from clause 36 (2) (d) and (4) (c)
wherever occurring.
Insert instead “a loaded mass”.

1. Clause 42 Driver to comply with requirements

Omit “indicated” in clause 42 (1)
Insert instead “indicating”.

1. Clause 49 Repeal, savings, transitional and other provisions

   Insert after clause 49 (3):

(4)	Without limiting the generality of subclause (3), a notice erected before 1 July 1996 in accordance with clause 11 of the Roads (Weight of Loads on Roads Other than
Main Roads) Transitional Regulation 1993, as in force
immediately before its repeal on that date by this Regulation, continues to have effect under that clause as if the clause had not been repealed.

1997 No 276

Road Transport (Mass, Loading and Access) Amendment (Short Descriptions and Other Matters) Regulation 1997

Amendments Schedule 1

[6]        Clause 50

Insert after clause 49:

50 Short descriptions of offences

(1)

For the purposes of section 145B of the Justices Act

1902, the prescribed expression for an offence created by

a provision specified in Column 1 of Schedule 4 is:

(a)	the expression specified opposite the provision in Column 2 of that Schedule, or
(b)	if a choice of words is indicated in that expression, the words remaining after the omission of the words irrelevant to the offence.

(2)

For the purposes of any proceedings for an offence created by a provision specified in Column 1 of Schedule 4, the prescribed expression for the offence is taken to relate to the offence created by the provision, as the provision was in force when the offence is alleged to have been committed.

(3)

The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used.

(4)

Subclause (3) applies to any information, complaint, summons, warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have been committed before the amendment or repeal.

[7]       Schedule 1 Mass and loading requirements for heavy vehicles

Omit paragraph (a) from the matter under the heading “Tandem axle

groups” in Table 1.

Insert instead:

(a) less than 375 mm 11.0

1997 No 276

Road Transport (Mass, Loading and Access) Amendment (Short Descriptions and Other Matters) Regulation 1997

Schedule 1 Amendments

1. Schedule 1, clause 12 (3) (a)

   Omit “centre line” wherever occurring. Insert instead “centre-line”.

2. Schedule 4

   Insert after Schedule 3:

Schedule 4 Short descriptions of offences

(Clause 50)

Column 1	Column 2
Provision	Short description
Clause 16—drive or operate a Class	drive/operate Class 2 vehicle
2 vehicle except in accordance with	contrary to notice/permit
a notice issued, or permit granted, under Division 2 of Part 3
Clause 30 (1)—be driver of vehicle	fail to carry copy of notice/permit/
or combination who fails to carry in	sheet in driving compartment
the driving compartment a copy of any notice or permit under which vehicle or combination is operating or a copy of an information sheet issued by the Authority setting out obligations imposed under the notice
Clause 31 (1) (a)—be owner of	vehicle/load fail to comply with Sch
motor vehicle or a motor vehicle	1 (motor vehicle owner)
with a load where that vehicle or load fails to comply with a requirement in Schedule l
Clause 3 l (1 ) (b)—be driver of a	vehicle/load fail to comply with Sch
motor vehicle or a motor vehicle	1 (motor vehicle driver)
with a load where that vehicle or load fails to comply with a requirement in Schedule 1
Clause 32 (1) (a)—be owner of a	trailer/load fail to comply with Sch
trailer or a trailer with a load where	1 (trailer owner)
that trailer or load fails to comply with a requirement in Schedule 1

1997 No 276

Road Transport (Mass, Loading and Access) Amendment (Short Descriptions and Other Matters) Regulation 1997

Amendments Schedule 1

Column 1 Column 2

Provision	Short description
Clause 32 (1) (b)—be owner of a	trailer/load fail to comply with Sch
motor vehicle towing a trailer or a	1 (towing vehicle owner)
trailer with a load where that trailer or load fails to comply with a requirement in Schedule 1
Clause 32 (1) (c)—be driver of a	trailer/load fail to comply with Sch
motor vehicle towing a trailer or a	1 (towing vehicle driver)
trailer with a load where that trailer or load fails to comply with a requirement in Schedule 1
Clause 33 (1) (a)—be owner of a	combination fail to comply with
motor vehicle included in a	Sch 1 (motor vehicle owner)
combination where that combination fails to comply with a requirement in Schedule 1
Clause 33 (1) (b)—be driver of a	combination fail to comply with
motor vehicle included in a	Sch 1 (motor vehicle driver)
combination where that combination fails to comply with a requirement in Schedule 1
Clause 33 (1) (c)—be owner of a	combination fail to comply with
trailer included in a combination	Sch 1 (trailer owner)
where that combination fails to comply with a requirement in Schedule 1
Clause 35 (4) (a)—be owner of a	vehicle/load fail to comply load
motor vehicle or a motor vehicle	requirement (owner)
with a load where that vehicle or load fails to comply with a loading requirement
Clause 35 (4) (b)—be driver of a	vehicle/load fail to comply load
motor vehicle or a motor vehicle	requirement (driver)
with a load where that vehicle or
load fails to comply with a loading requirement
Clause 35 (5) (a)—be owner of a	trailer/load fail to comply load
trailer or a trailer with a load where	requirement (trailer owner)
that trailer or load fails to comply
with a loading requirement

1997 No 276

Road Transport (Mass, Loading and Access) Amendment (Short Descriptions and Other Matters) Regulation 1997

Schedule 1 Amendments

Column 1	Column 2
Provision	Short description
Clause 35 (5) (b)—be owner of a	trailer/load fail to comply load
motor vehicle towing a trailer or	requirement (vehicle owner)
trailer with a load where that trailer or load fails to comply with a loading requirement
Clause 35 (5) (c)—be driver of a	trailer/load fail to comply load
motor vehicle towing a trailer or a	requirement (vehicle driver)
trailer with a load where that trailer or load fails to comply with a loading requirement
Clause 35 (6) (a)—be owner of a	combination fail to comply load
motor vehicle included in a	requirement (vehicle owner)
combination where that combination fails to comply with a loading requirement
Clause 35 (6) (b)—be driver of a	combination fail to comply load
motor vehicle included in a	requirement (vehicle driver)
combination where that combination fails to comply with a loading requirement
Clause 35 (6) (c)—be owner of a	combination fail to comply load
trailer included in a combination	requirement (trailer owner)
where that combination fails to comply with a loading requirement
Clause 36 (1) (a)—be person who	breach condition notice/permit/
breaches a condition of a notice,	exemption
permit or exemption under clause 39
Clause 36 (1) (b)—be the driver of	breach condition notice/permit/
a combination where that	exemption (combination driver)
Combination breaches a condition of a notice, permit or exemption under clause 39
Clause 36 (1) (c)—be driver of a	breach condition notice/permit/
motor vehicle that is not part of a	exemption (external vehicle driver)
combination where that vehicle breaches a condition of a notice, permit or exemption under clause 39

1997 No 276

Road Transport (Mass, Loading and Access) Amendment (Short Descriptions and Other Matters) Regulation 1997

Amendments Schedule 1

Column 1	Column 2
Provision	Short description
Clause 36 (1) (d)—be driver of a	breach condition notice/permit/
vehicle forming part of a	exemption (internal vehicle driver)
combination where that vehicle breaches a condition of a notice, permit or exemption under clause 39
Clause 36 (1) (e)—be owner of a	breach condition notice/pemit/
combination who allows another	exemption (combination owner)
person to drive that combination in circumstances where it breaches a condition of a notice, permit or exemption under clause 39
Clause 36 (1) (e)—be owner of a	breach condition notice/pemit/
motor vehicle that does not form	exemption (external vehicle owner)
part of a combination who allows another person to drive that motor vehicle in circumstances where it
breaches a condition of a notice, permit or exemption under clause 39
Clause 36 (1) (e)—be owner of	breach condition notice/pemit/
vehicle that forms part of a	exemption (internal vehicle owner)
combination who allows another person to drive that vehicle in circumstances where it breaches a condition of a notice, permit or exemption under clause 39
Clause 36 (3) (a)—be person who	fail meet Class 3 condition notice/
fails to meet a condition of a Class	permit/exemption
3 notice, Class 3 permit or exemption under clause 39
Clause 36 (3) (b)—be driver or	fail meet Class 3 condition notice/
operator of a combination that fails	permit/exemption (combination
to meet a condition of a Class 3	driver/operator)
notice, Class 3 permit or exemption under clause 39

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1997 No 276

Road Transport (Mass, Loading and Access) Amendment (Short Descriptions and Other Matters) Regulation 1997

Schedule 1 Amendments

Column 1	Column 2
Provision	Short description
Clause 36 (3) (c)—be driver or	fail meet Class 3 condition notice/
operator of a single motor vehicle	permit/exemption (vehicle driver/
that fails to meet a condition of a	operator)
Class 3 notice, Class 3 permit or exemption under clause 39
Clause 38 (1) (a)—be driver of a	pilot accompany oversize vehicle/
pilot vehicle that accompanies an	combination wrong area/time/number
oversize vehicle or combination in	(driver)
any of the circumstances described in clause 36 (2) (a), (b) or (c)
Clause 38 (1) (a)—be owner of an	vehicle/combination accompanied by
oversize vehicle or combination that	pilot wrong area/time/number
is being accompanied by a pilot	(owner)
vehicle in any of the circumstances
described in clause 36 (2) (a), (b)
or (c)
Clause 38 (1) (b)—be driver of a	pilot vehicle fail to comply with
pilot vehicle that fails to comply	Sch 2 (driver)
with a requirement of Part 5 of Schedule 2
Clause 38 (1) (b)—be owner of an	pilot vehicle fail to comply with
oversize vehicle or combination that	Sch 2 (owner—vehicle/combination)
is being accompanied by a pilot vehicle where that pilot vehicle fails to comply with a requirement of Part 5 of Schedule 2
Clause 38 (2)—be driver of an	escort vehicle fail to comply with
escort vehicle where that escort	Sch 2 (driver)
vehicle fails to comply with a requirement of Part 5 of Schedule 2
Clause 38 (2)—be owner of an	escort vehicle fail to comply with
oversize vehicle or combination that	Sch 2 (owner—vehicle/combination)
is being accompanied by an escort vehicle where that escort vehicle fails to comply with a requirement of Part 5 of Schedule 2
Clause 41 (3)—failure to cornply	fail to comply with maximum axle
with maximum axle load fixed by	load
roads authority

1997 No 276

Road Transport (Mass, Loading and Access) Amendment (short Descriptions and Other Matters) Regulation 1997

Amendments Schedule 1

Column 1	Column 2
Provision	Short description
Clause 41 (3)—failure to comply	fail to comply with maximum
with maximum loaded mass fixed	loaded mass
by roads authority
Clause 41 (3)—failure to comply	fail to comply with load limit
with other load limit fixed by roads authority
Clause 47—failure to comply with a	failure to comply with axle (single/
notice of a roads authority	group) load notice
prohibiting the driving of a vehicle that exceeds specified axle load or sum of axle loads for the class of vehicle concerned

Dictionary, definition of “Australian/New Zealand Standard”

Omit “a” where firstly occurring.

Dictionary, definition of “centre line”

Omit “centre line”. Insert instead “centreline”.

Dictionary, definition of “combination”

Omit the definition. Insert instead:

combination means a group consisting of a motor

vehicle connected to one or more vehicles.

Dictionary, definition of “wheel”

Omit “centre line”. Insert instead “centre-line”.

Dictionary, definition of “wheelbase”

Omit “centre line”. Insert instead “centre-line”.