Traffic Act 1909 Motor Traffic Regulations Amendment (Heavy Vehicles and Miscellaneous Matters) Regulation 1996 (1996-268) [GG No 77 of 28.6.1996] (NSW)

Case

1996 No 268

New South Wales

Motor Traffic Regulations

Amendment (Heavy Vehicles and
Miscellaneous Matters) Regulation

1996

under the

Traffic Act 1909

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Traffic Act 1909.

MICHAEL KNIGHT, MP

Minister for Roads

Explanatory note

The objects of this Regulation are:

(a) to make the definition of pensioner consistent with that contained in the Road Transport Legislation Amendment Act 1995 and the Road

Transport (Heavy Vehicles Registration Charges) Act 1995, and

(b) to make amendments consequential on the commencement of the

Road Transport (Mass, Loading and Access) Regulation 1996, and

(c) to make other minor amendments by way of statute law revision to clarify existing provisions and repeal provisions that are no longer required (such as those relating to traffic domes).

This Regulation is made under the Traffic Act 1909, including section 3 (the general regulation-making power).

Published in Gazette No 77 of 28 June 1996, page 3337 Page 1

1996 No 268

Clause 1 Motor Traffic Regulations Amendment (Heavy Vehicles and Miscellaneous Matters) Regulation 1996

Motor Traffic Regulations Amendment (Heavy
Vehicles and Miscellaneous Matters) Regulation

1996

1 Name of Regulation

This Regulation is the Motor Traffic Regulations Amendment

(Heavy Vehicles and Miscellaneous Matters) Regulation 1996.

2 Commencement

This Regulation commences on 1 July 1996.

3 Amendment of Motor Traffic Regulations 1935

The Motor Traffic Regulations 1935 are amended as set out in

Schedule 1.

4 Notes

The explanatory note does not form part of this Regulation.

Page 2

1996 No 268

Motor Traffic Regulations Amendment (Heavy Vehicles and Miscellaneous Matters) Regulation 1996

Amendment of Motor Traffic Regulations 1935 Schedule 1
Schedule 1 Amendment of Motor Traffic
Regulations 1935

(Clause 3)

[1]        Regulation 2 Definitions

Omit “17m in length” from the definition of Road Train in
Regulation 2 (1).
Insert instead “53m in length”.

[2]        Regulation 5 Payment of fees

Omit paragraph (a) of the definition of pensioner from Regulation 5
(1).
Insert instead:
(a)  who is the holder of a Pensioner Concession Card which is in force issued by the Commonwealth Department of Social Security or the Commonwealth Department of Veterans’ Affairs, or

[3]        Regulation 5 (1)

Insert after paragraph (b) of the definition of pensioner in Regulation
5 (l):

(b1) who is an armed services widow within the meaning of the Social Security Act 1991 of the Commonwealth and:

(i)        who is in receipt of a pension under Part II or IV of the Veterans’ Entitlement Act 1986 of the Commonwealth at the maximum rate applicable under section 1064 (5) of the

Social Security Act 1991 of the

Commonwealth, and

(ii)      who is under the applicable pension age for the person set out in section 5QA of the

Veterans’ Entitlements Act 1986 of the

Commonwealth, and

1996 No 268

Motor Traffic Regulations Amendment (Heavy Vehicles and Miscellaneous Matters) Regulation 1996

Schedule 1 Amendment of Motor Traffic Regulations 1935
  1. Regulation 46 Issue and form of labels

Omit “Urban Transit Authority” from Regulation 46 (3) (C).
Insert instead “State Transit Authority”.
  1. Regulation 53D Accreditation of riding training instructors

    Omit “under section 5 of the Motor Vehicle Driving Instructors Act

    1961” from Regulation 53D (a).

    Insert instead “the Driving Instructors Act 1992”.

  2. Regulation 54B Traffic domes

    Omit the Regulation.

  3. Regulation 55 Traffic control signs

    Omit Regulation 55 (3).

  4. Regulation 68 Passing and overtaking

    Omit Regulation 68 (1) (c).

  5. Regulation 71 Right-hand turn at intersection

    Omit Regulation 71 (2) (c).

  6. Regulation 84 Standing of vehicles in certain positions

Omit “Australian Postal Commission” from Regulation 84 (d).
Insert instead “Australia Post”.
  1. Regulation 90A Driving on footpath

Omit “Australian Postal Commission” from Regulation 90A (2) (c)
(ii).
Insert instead “Australia Post”.

1996 No 268

Motor Traffic Regulations Amendment (Heavy Vehicles and Miscellaneous Matters) Regulation 1996

Amendment of Motor Traffic Regulations 1935 Schedule 1

[12]      Regulation 92AA Dimensions of motor vehicles

Omit the Regulation.

[13]      Regulation 95AA Use of crimson flashing warning lamps on certain council vehicles

Omit “any lamp” from Regulation 95AA (1).
Insert instead “any crimson flashing warning lamp”.

[14]      Regulation 95AA (2) (b) and (c)

Omit Regulation 95AA (2) (b) and (c). Insert instead:

(b) the Road Transport (Mass, Loading and Access)

Regulation 1996.

[15]      Regulation 113H

Omit the Regulation.

[16]      Regulation 114 Number of vehicles which may be drawn

Insert after Regulation 114 (3A):

(3B) This Regulation does not apply to any vehicle or combination of vehicles with a manufacturers gross vehicle mass or manufacturers gross combination mass of greater than 4.5 tonnes.

[17]      Part 9A

Omit the Part.

[18]      Regulation 118 Projection of loading or equipment of vehicles

Insert after Regulation 1 1 8 (5):

(5A) This Regulation does not apply to any vehicle or combination of vehicles with a manufacturers gross vehicle mass or manufacturers gross combination mass of greater than 4.5 tonnes.

1996 No 268

Motor Traffic Regulations Amendment (Heavy Vehicles and Miscellaneous Matters) Regulation 1996

Schedule 1 Amendment of Motor Traffic Regulations 1935

[19]  Regulation 118A Requirements as to certain loadings

Insert before Regulation 118A (1):

(1A) This Regulation does not apply to any vehicle or combination of vehicles with a manufacturers gross vehicle mass or manufacturers gross combination mass of greater than 4.5 tonnes.

  1. Regulation 118A (1)

    Omit “Australian Standard E45–1969 ‘Corner fittings for freight containers’ ” from the definition of freight container in Regulation 118A (l).

    Insert instead “Australian/New Zealand Standard 3711.3 relating to corner fittings for freight containers”.

    [21]   Regulation 118A (1)

Omit “prescribed acceleration” from Regulation 118A (1).
Insert instead “prescribed deceleration”.

[22]  Regulation 121A Application of Division

Insert after Regulation 121A (2):

(2) This Division does not apply to any vehicle or combination of vehicles with a manufacturers gross vehicle mass or manufacturers gross combination mass of greater than 4.5 tonnes.

[23]  Regulation 123AB

Insert after Regulation 123A:

123AB Application of Road Transport (Mass, Loading and

Access) Regulation 1996

(I)

A person or vehicle is exempted from a dimension limit or any other requirement of these Regulations if the person or vehicle is exempted from that limit or requirement by or under a provision of the Road

Transport (Mass, Loading and Access) Regulation 1996.

1996 No 268

Motor Traffic Regulations Amendment (Heavy Vehicles and Miscellaneous Matters) Regulation 1996

Amendment of Motor Traffic Regulations 1935 Schedule 1
(2) A breach of these Regulations is to be disregarded in any prosecution if is to be disregarded under the Road
Transport (Mass, Loading and Access) Regulation 1996.
(3) In this Regulation:
dimension limit means any provision of this Regulation that limits or otherwise regulates the dimensions of any vehicle (or any load or projection of a vehicle).

[24]     Regulation 130A Prescribed officers and offences (section 188)

Omit Regulation 130A (1) (c2) (ii). Insert instead:

( i i )       an offence arising under the Road Transport

(Mass, Loading and Access) Regulation
1996,

[25]      Regulation 130A (1) (f) (iv)

Omit the paragraph. Insert instead:

(iv)      an offence arising under the Road Transport

(Mass, Loading and Access) Regulation 1996 in respect of standing or driving a road

train or of an overdimension vehicle,

[26]       Regulation 130A (1) (f) (vi)

Omit the paragraph.

[27]     Regulations 134 and 135

Omit the Regulations.

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