Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 (QLD)

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Transport Operations (Road Use ManagementóMass, Dimensions and Loading) Regulation 2005
Queensland Transport Operations (Road Use Management) Act 1995 Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 Current as at 1 July 2013 NOTE—This is the last reprint before repeal. Repealed on 10 February 2014 by 2014 SL No. 8 s 129
Information about this reprint This reprint shows the legislation current as at the date on the cover and is authorised by the Parliamentary Counsel. A new reprint of the legislation will be prepared by the Office of the Queensland Parliamentary Counsel when any change to the legislation takes effect. This change may be because a provision of the original legislation, or an amendment to it, commences or because a particular provision of the legislation expires or is repealed. When a new reprint is prepared, this reprint will become a historical reprint. Also, if it is necessary to replace this reprint before a new reprint is prepared, for example, to include amendments with a retrospective commencement, an appropriate note would be included on the cover of the replacement reprint and on the copy of this reprint at The endnotes to this reprint contain detailed information about the legislation and reprint. For example— The table of reprints endnote lists any previous reprints and, for this reprint, gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. The list of legislation endnote gives historical information about the original legislation and the legislation which amended it. It also gives details of uncommenced amendments to this legislation. For information about possible amendments to the legislation by Bills introduced in Parliament, see the Queensland Legislation Current Annotations at The list of annotations endnote gives historical information at section level. All Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints are not continued.
Queensland Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 Contents Part 1 1 2 3 4 Part 2 Division 1 5 6 Division 2 7 8 9 10 Division 3 11 12 13 14 15 16 17 18 19 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Measurement of distance between axles . . . . . . . . . . . . . . . . . . . 9 Mass Preliminary Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Mass requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Mass requirements Compliance with requirements—vehicles. . . . . . . . . . . . . . . . . . . 10 Compliance with requirements—trailers. . . . . . . . . . . . . . . . . . . . 11 Compliance with requirements—combinations . . . . . . . . . . . . . . 11 Alternative compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Other provisions about mass Vehicle tare. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Tyre mass . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Axle mass. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Axle mass—complying buses. . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Axle mass for ultra-low floor route bus . . . . . . . . . . . . . . . . . . . . . 14 Vehicle mass . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Other ways of determining mass may be used . . . . . . . . . . . . . . 14 Way of stating GVM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Proof of GCM or GVM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 Contents 20 21 Part 2A 21A 21B 21C 21D 21E Part 3 Division 1 22 23 Division 2 24 25 26 27 28 29 30 Division 3 31 32 33 34 35 36 Division 4 37 Part 4 Division 1 38 39 Division 2 40 Proof of mass . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences against this part. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Container weight declarations Application of pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of complying container weight declaration. . . . . . . . . . . Duty of responsible entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duty of operator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duty of driver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vehicle dimensions Preliminary Meaning of rear overhang and rear overhang line for pt 3 . . . . . . Load and other things are part of vehicle’s dimensions for pt 3 . . Particular dimensions Length—motor vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Width . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Height . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ground clearance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Length—trailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Length—rear overhang. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Length—trailer drawbars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Projections Meaning of load for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Measuring width for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Limits on projections of loads—motorbikes . . . . . . . . . . . . . . . . . Limits on projection of loads—motor vehicles other than motorbikes ...................................... Limits on projections of loads—vehicles drawn by an animal. . . . Division does not affect div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information offences Offences against this part. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Loading Preliminary Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definition for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Loading requirements Compliance with requirements—vehicles. . . . . . . . . . . . . . . . . . . Page 2 15 16 16 16 17 17 18 19 20 20 21 22 23 24 24 25 26 26 26 27 29 30 30 31 31 31
Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 Contents 41 42 Division 3 43 44 Part 5 45 46 47 Part 6 Division 1 48 49 50 Division 2 51 52 53 54 55 Division 3 55A 55B 55C 55D Part 6A Division 1 55E 55F 55G Division 2 55H Division 3 55I Compliance with requirements—trailers. . . . . . . . . . . . . . . . . . . . Compliance with requirements—combinations . . . . . . . . . . . . . . Other provisions Proof of schedule 7 loading offences . . . . . . . . . . . . . . . . . . . . . . Offences against this part. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Protection of roads and structures Damage to road transport infrastructure . . . . . . . . . . . . . . . . . . . Application for, and issue of, permit . . . . . . . . . . . . . . . . . . . . . . . Restriction of loads on structures . . . . . . . . . . . . . . . . . . . . . . . . . Guidelines and permits Guidelines Guidelines for safe movement of vehicles . . . . . . . . . . . . . . . . . . Statutory condition on guidelines for oversize vehicles . . . . . . . . Driving under guideline. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Permits Permits for safe movement of vehicles . . . . . . . . . . . . . . . . . . . . . Statutory condition on permits for oversize vehicles . . . . . . . . . . Permit contents and conditions . . . . . . . . . . . . . . . . . . . . . . . . . . Alternative arrangements for permits . . . . . . . . . . . . . . . . . . . . . . Driving under permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IAP conditions and procedure before operating under IAP etc. IAP conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure to obtain certificate relating to IAP vehicle . . . . . . . . . Notice of change of information contained in request . . . . . . . . . Notice that operator no longer wants to operate vehicle under IAP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Intelligent access program Preliminary What this part is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of malfunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of noncompliance report . . . . . . . . . . . . . . . . . . . . . . . . Powers and duties of chief executive in relation to IAP Issue of IAP identifiers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duties and obligations of operators of IAP vehicles Operator of an IAP vehicle providing false or misleading information to IAP service provider . . . . . . . . . . . . . . . . . . . . . . . 32 32 33 34 34 35 36 37 38 38 39 40 41 42 42 43 44 45 45 46 46 46 47 47 Page 3
Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 Contents 55J 55K Division 4 55L Division 5 55M 55N 55O 55P 55Q 55R 55S 55T 55U 55V 55W Division 6 55X 55Y 55Z 55ZA 55ZB 55ZC 55ZD 55ZE 55ZF 55ZG Page 4 Participating operators’ obligation to tell IAP vehicle drivers about collection of personal information and other matters . . . . . System malfunctions—obligations of participating operators. . . . Obligations of IAP vehicle drivers System malfunctions—obligations of IAP vehicle drivers . . . . . . . Duties, powers and obligations of IAP service providers IAP service providers’ duties in relation to use and disclosure of IAP information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IAP service providers’ powers to collect information that will become IAP information and hold, store, use and disclose IAP information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IAP service provider must give IAP auditor and TCA access to record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IAP service providers’ duties in relation to recording use and disclosure of IAP information . . . . . . . . . . . . . . . . . . . . . . . . . . . . IAP service providers’ obligations relating to quality and security of IAP information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IAP service providers’ obligations relating to records of monitoring ..................................... IAP service providers’ obligation to make individuals aware of personal information held . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IAP service providers’ obligation to give noncompliance reports . IAP service providers’ obligations relating to reporting tampering IAP service providers’ obligation to report malfunctions. . . . . . . . IAP service provider providing false or misleading information to TCA or IAP auditor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Functions, powers and obligations of TCA Failure to comply with particular provisions not an offence . . . . . Functions of TCA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TCA’s duties in relation to use and disclosure of IAP information TCA’s powers to collect information that will become IAP information and hold, store, use and disclose IAP information. . . Use of IAP information for research . . . . . . . . . . . . . . . . . . . . . . . TCA’s obligations in relation to collecting IAP information . . . . . . TCA’s obligations to keep IAP information secure and destroy IAP information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TCA’s obligation to make individuals aware of personal information held . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TCA’s obligation to keep records relating to its transactions . . . . TCA’s obligation to correct errors etc. . . . . . . . . . . . . . . . . . . . . . 48 50 51 51 51 53 53 54 55 56 58 58 61 62 63 63 63 65 66 66 67 67 69 69
Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 Contents 55ZH Division 7 55ZI 55ZJ 55ZK 55ZL 55ZM 55ZN 55ZO 55ZP 55ZQ 55ZR Division 8 55ZS 55ZT Part 6B 55ZU 55ZV 55ZW 55ZX Part 7 56 57 58 Part 8 Division 1 59 60 61 TCA’s obligations relating to reporting tampering or malfunction . Duties, powers and obligations of IAP auditors What IAP audit is . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IAP auditors’ duties in relation to use and disclosure of IAP information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IAP auditors’ powers to collect information that will become IAP information and hold, store, use and disclose IAP information. . . IAP auditors’ obligations in relation to collecting IAP information. IAP auditors’ obligations to keep IAP information secure and destroy or remove personal information . . . . . . . . . . . . . . . . . . . . IAP auditors’ obligation to make individuals aware of personal information held . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IAP auditors’ obligation to keep records of transactions. . . . . . . . IAP auditors’ obligation to correct errors etc. . . . . . . . . . . . . . . . . IAP auditors’ obligation to report breaches by IAP service providers ....................................... IAP auditors’ obligation to report tampering . . . . . . . . . . . . . . . . . Tampering with approved intelligent transport systems Meaning of tampers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tampering with approved intelligent transport system . . . . . . . . . Reasonable steps defence What is the reasonable steps defence . . . . . . . . . . . . . . . . . . . . . Matters court may consider for deciding whether person took all reasonable steps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of s 57E of Act to offences against this regulation . . . Application of s 57F of Act to offences against this regulation . . . Miscellaneous Fees generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Indivisible load permit fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulation repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions Transitional provisions for Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 Definition for div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 71 71 73 74 75 75 77 77 78 78 78 79 80 80 81 81 81 81 82 83 83 83 Page 5
Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 Contents Division 2 62 Schedule 1 1 2 3 4 5 6 Schedule 2 Schedule 3 Schedule 4 1 2 Schedule 5 Schedule 6 Schedule 7 1 2 Schedule 8 1 Schedule 9 1 2 Schedule 10 Schedule 11 Transitional provision for Transport Operations (Road UseManagement—Mass, Dimensions and Loading) and OtherLegislation Amendment Regulation (No. 1) 2008 Offences against pre-amended regulation . . . . . . . . . . . . . . . . . . Mass requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mass limits for tyres, wheels and axles . . . . . . . . . . . . . . . . . . . . Mass limits relating to axle spacing . . . . . . . . . . . . . . . . . . . . . . . Mass limit for a single vehicle. . . . . . . . . . . . . . . . . . . . . . . . . . . . Mass limits for combinations . . . . . . . . . . . . . . . . . . . . . . . . . . . . Load-sharing suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Non-complying vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mass limits for single axles and axle groups . . . . . . . . . . . . . Mass limits relating to axle spacing . . . . . . . . . . . . . . . . . . . . Mass limits for nonconforming vehicles with single axles or axle groups . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mass limits for single axles and axle groups . . . . . . . . . . . . . . . . Mass limits for vehicles and vehicle combinations . . . . . . . . . . . . Mass limits for nonconforming single axles and axle groups Nonconforming vehicle loaded mass . . . . . . . . . . . . . . . . . . . Loading requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Loading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Trailers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Statutory conditions on guidelines and permits for oversize vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Driving restrictions on guidelines or permits for oversize vehicles Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Overmass vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Alternative compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Equivalent standard axles . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 85 85 86 87 88 88 88 89 91 93 93 93 94 96 98 98 98 99 99 101 101 101 102 104 Endnotes 1 2 3 4 5 Page 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 113 114 114 115
Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 Contents 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 Page 7
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 1 Preliminary [s 1] Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 [as amended by all amendments that commenced on or before 1 July 2013] Part 1 Preliminary 1 Short title This regulation may be cited as the Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 . 2 Commencement This regulation commences on 1 September 2005. 3 Definitions The dictionary in schedule 11 defines particular terms used in this regulation. 4 Measurement of distance between axles For this regulation, the distance between axles is measured between the centres of the wheels mounted on the axles and parallel to the length of the vehicle. Current as at 1 July 2013 Page 9
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 2 Mass [s 5] Part 2 Mass Division 1 Preliminary 5 Application of pt 2 This part applies to a heavy vehicle when on a road. 6 Mass requirements Schedules 1 and 4 set out mass requirements applying to heavy vehicles. Division 2 Mass requirements 7 Compliance with requirements—vehicles (1) The person in control of a vehicle must ensure the vehicle complies with a mass requirement applying to it. Maximum penalty— (a) for a minor risk breach—37 1 / 2 penalty units; or (b) for a substantial risk breach—60 penalty units. (2) A person charged with an offence under this section has the benefit of the reasonable steps defence. Notes 1 See part 6B for the reasonable steps defence. 2 See section 57H(1)(e) of the Act, which provides that the CriminalCode, section 24 (Mistake of fact) does not apply to an offence against a mass, dimension, loading or container weight declaration requirement in relation to which a person charged has the benefit of the reasonable steps defence. Page 10 Current as at 1 July 2013
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 2 Mass [s 8] 8 Compliance with requirements—trailers (1) The person in control of a vehicle towing a trailer must ensure the trailer complies with a mass requirement applying to it. Maximum penalty— (a) for a minor risk breach—37 1 / 2 penalty units; or (b) for a substantial risk breach—60 penalty units. (2) A person charged with an offence under this section has the benefit of the reasonable steps defence. Notes 1 See part 6B for the reasonable steps defence. 2 See section 57H(1)(e) of the Act, which provides that the CriminalCode, section 24 (Mistake of fact) does not apply to an offence against a mass, dimension, loading or container weight declaration requirement in relation to which a person charged has the benefit of the reasonable steps defence. 9 Compliance with requirements—combinations (1) The person in control of a combination must ensure it complies with a mass requirement applying to it. Maximum penalty— (a) for a minor risk breach—37 1 / 2 penalty units; or (b) for a substantial risk breach—60 penalty units. (2) A person charged with an offence under this section has the benefit of the reasonable steps defence. Notes 1 See part 6B for the reasonable steps defence. 2 See section 57H(1)(e) of the Act, which provides that the CriminalCode, section 24 (Mistake of fact) does not apply to an offence against a mass, dimension, loading or container weight declaration requirement in relation to which a person charged has the benefit of the reasonable steps defence. Current as at 1 July 2013 Page 11
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 2 Mass [s 10] 10 Alternative compliance (1) Sections 7 to 9 are provisions for which an alternative compliance scheme may be approved under section 15 of the Act. (2) The purpose of prescribing the provisions is to ensure the mass of a vehicle, trailer or combination mentioned in the provision, and the mass placed on components of the vehicle, trailer or combination is safe. Division 3 Other provisions about mass 11 Vehicle tare The tare of a vehicle may be determined— (a) by weighing the vehicle on a weighing device; or (b) from the certificate of registration in force for the vehicle under State or Commonwealth law. 12 Tyre mass The tyre mass of a vehicle tyre may be determined by weighing on a weighing device. 13 Axle mass (1) An axle mass of a vehicle may be determined— (a) for a single axle that is not part of a group of axles—by weighing with the tyres of the axle simultaneously on a weighing device; or (b) for a group of axles—by weighing with the tyres of the group of axles simultaneously on a weighing device. (2) However, the axle mass of an axle fitted with dual tyres may be determined by placing only the outside tyres on the weighing device. Page 12 Current as at 1 July 2013
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 2 Mass [s 14] 14 Axle mass—complying buses (1) This section applies despite schedule 1, section 1(6). (2) The total mass on the axles of a complying bus must not be more than— (a) for a bus with 2 axles—16t; or (b) for a bus with a rear tandem axle group fitted with single tyres on 1 axle and dual tyres on the other axle—20t; or (c) for a bus with a rear tandem axle group fitted with dual tyres on both axles—22.5t. (3) The total mass on the axles of a complying bus with a trailer must not be more than the total of— (a) the mass for the bus allowed under subsection (2); and (b) the mass for the trailer allowed under schedule 2. (4) In this section— air suspension system for a bus means a suspension system in which— (a) vertical movement between each axle, and the body, of the bus is controlled by variations in the air pressure in an air spring; and (b) the proportion of the bus’s mass that is borne by the air spring remains substantially constant despite variations in the air pressure in the air spring. complying bus means a bus with 2 or 3 axles, including a single steer axle, that is fitted with an air suspension system and— (a) for a bus manufactured on or after 1 July 1994— (i) has a compliance plate; and (ii) meets the occupant protection specifications in ADR 68; or (b) for another bus, meets— (i) the emergency exit specifications in ADR 44; and Current as at 1 July 2013 Page 13
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 2 Mass [s 15] (ii) the rollover strength specifications in ADR 59; and (iii) the occupant protection specifications in ADR 68. 15 Axle mass for ultra-low floor route bus (1) This section applies despite schedule 1, section 1(6). (2) The total mass on the axles of an ultra-low floor route bus must not be more than 16t. (3) The total mass on the axles of an ultra-low floor route bus with a trailer must not be more than the total of— (a) the mass for the bus allowed under subsection (2); and (b) the mass for the trailer allowed under schedule 2. 16 Vehicle mass The mass of a vehicle or vehicle combination may be determined— (a) by weighing all axles simultaneously on a weighing device; or (b) by totalling the axle mass of each axle of the vehicle or vehicle combination. 17 Other ways of determining mass may be used This part does not limit the way a vehicle’s tare or mass or a vehicle’s tyre or axle mass may be determined. 18 Way of stating GVM For the definition GVM in schedule 4 of the Act, the maximum loaded mass of a vehicle may be— (a) if the GVM is not stated on the vehicle’s compliance plate, the compliance plate is illegible, or the vehicle has no compliance plate—stated in writing by the vehicle’s manufacturer; or Page 14 Current as at 1 July 2013
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 2 Mass [s 19] (b) for a vehicle registered— (i) in Queensland—stated in the vehicle’s registration certificate issued under a transport Act; or (ii) in another State—stated in writing by the State’s registration authority; or (c) stated in a certificate of modification for the vehicle, or in a modification plate attached to the vehicle, issued under— (i) a transport Act; or (ii) a corresponding law; or (d) if the GVM has not been stated in a way mentioned in paragraph (a), (b) or (c)—stated by the vehicle registration authority. 19 Proof of GCM or GVM A certificate purporting to be signed by the chief executive or commissioner and stating the following matters for a vehicle is evidence of the matters— (a) a vehicle’s GCM and the way it has been stated for the definition GCM in schedule 11; (b) a vehicle’s GVM and the way it has been stated under the Act. 20 Proof of mass (1) In a proceeding under this regulation, a certificate of a servicing licensee or trade measurement inspector, stating that a weighing device was tested on a stated date, is, within 1 year after that date, evidence that the mass indicated by the weighing device is accurate to the extent stated in the certificate. (2) In this section— servicing licensee means a licensee under a servicing licence granted under the National Measurement Act 1960 (Cwlth). Current as at 1 July 2013 Page 15
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 2A Container weight declarations [s 21] trade measurement inspector means a trade measurement inspector under the National Measurement Act 1960 (Cwlth). 21 Offences against this part An offence against this part is an information offence for the Act, section 50. Part 2A Container weight declarations 21A Application of pt 2A This part applies to a freight container that is consigned for transport by road, or for transport partly by road and partly by some other means. 21B Meaning of complying container weight declaration A container weight declaration for a freight container is a complying container weight declaration if— (a) it contains the following additional information— (i) the number and other particulars of the freight container necessary to identify the container; (ii) the name and residential address or business address in Australia of the responsible entity for the freight container; (iii) the date of the declaration; and (b) it is written and easily legible; and Note Under the ActsInterpretationAct1954 , section 36, writing includes any mode of representing or reproducing words in a visible form. Page 16 Current as at 1 July 2013
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 2A Container weight declarations [s 21C] (c) the information in the container weight declaration is in a form that is readily available to an authorised officer who seeks to ascertain it while in the presence of the freight container, including, for example, by— (i) examining documents located in or on the heavy vehicle on which the freight container is loaded or to be loaded; or (ii) obtaining the information by radio or mobile telephone or by other means. 21C Duty of responsible entity (1) This section applies in relation to the transport in Queensland of a freight container by a heavy vehicle. (2) The responsible entity must not permit the operator or driver of the heavy vehicle to transport the freight container on a road in Queensland unless the operator or driver of the heavy vehicle has been provided with a complying container weight declaration for the freight container. Maximum penalty—60 penalty units. (3) A person charged with an offence under this section has the benefit of the reasonable steps defence. Notes 1 See part 6B for the reasonable steps defence. 2 See section 57H(1)(e) of the Act, which provides that the CriminalCode, section 24 (Mistake of fact) does not apply to an offence against a mass, dimension, loading or container weight declaration requirement in relation to which a person charged has the benefit of the reasonable steps defence. 21D Duty of operator (1) This section applies in relation to the transport in Queensland of a freight container by a heavy vehicle. (2) The operator must not permit the driver of the heavy vehicle to transport the freight container on a road in Queensland Current as at 1 July 2013 Page 17
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 2A Container weight declarations [s 21E] unless the driver has been provided with a complying container weight declaration for the freight container. Maximum penalty—60 penalty units. (3) If the freight container is to be transported by another carrier, the operator must not give the freight container to the carrier unless the carrier has been provided with a complying container weight declaration for the freight container (or the prescribed particulars contained in the declaration). Maximum penalty—60 penalty units. (4) If the driver does not have the complying container weight declaration when transporting the freight container on a road in Queensland, the operator is taken to have contravened subsection (2) unless the operator establishes that the driver was provided with the declaration. (5) A person charged with an offence under this section has the benefit of the reasonable steps defence. Notes 1 See part 6B for the reasonable steps defence. 2 See section 57H(1)(e) of the Act, which provides that the CriminalCode, section 24 (Mistake of fact) does not apply to an offence against a mass, dimension, loading or container weight declaration requirement in relation to which a person charged has the benefit of the reasonable steps defence. (6) In this section— prescribed particulars , contained in a complying container weight declaration for a freight container, means— (a) information about the weight of the freight container and its contents; and (b) the information mentioned in section 21B(a). 21E Duty of driver (1) A person must not drive a heavy vehicle loaded with a freight container on a road in Queensland unless the person has a container weight declaration for the container. Page 18 Current as at 1 July 2013
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 3 Vehicle dimensions [s 22] Maximum penalty—60 penalty units. (2) The driver of a heavy vehicle loaded with a freight container must, when driving the heavy vehicle on a road in Queensland, keep the complying container weight declaration for the container in or about the heavy vehicle in a way that enables the information in the container weight declaration to be readily available to an authorised officer who seeks to ascertain it while in the presence of the freight container. Maximum penalty—60 penalty units. (3) A person charged with an offence under subsection (1) or (2) has the benefit of the reasonable steps defence. Notes 1 See part 6B for the reasonable steps defence. 2 See section 57H(1)(e) of the Act, which provides that the CriminalCode, section 24 (Mistake of fact) does not apply to an offence against a mass, dimension, loading or container weight declaration requirement in relation to which a person charged has the benefit of the reasonable steps defence. Part 3 Vehicle dimensions Division 1 Preliminary 22 Meaning of rear overhang and rear overhang line for pt 3 (1) This section defines rear overhang and rear overhang line for this part. (2) The rear overhang of a vehicle is the distance between the rear of the vehicle and the rear overhang line of the vehicle. (3) For a vehicle with an axle group at the rear comprising only 1 axle, the rear overhang line is a line running along the centre of the axle. Current as at 1 July 2013 Page 19
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 3 Vehicle dimensions [s 23] (4) For a vehicle with an axle group at the rear comprising 2 axles, 1 of which is fitted with twice the number of tyres as the other, the rear overhang line is a line running parallel to the axles that is— (a) closer to the axle carrying the greater number of tyres than it is to the other axle; and (b) located at one-third of the distance between the 2 axles. (5) For a vehicle with an axle group at the rear that is not an axle group mentioned in subsection (3) or (4), the rear overhang line is a line running parallel to the axles down the centre of the axle group. (6) For applying subsection (3), (4) or (5) to a vehicle— (a) an axle group is taken to comprise only the fixed and retractable axles in contact with the ground at the particular time the subsection is applied to the vehicle; and (b) an axle group is taken not to comprise any steerable axle unless— (i) the group comprises only 1 axle and that axle is a steerable axle; or (ii) all the axles in the group are steerable axles. 23 Load and other things are part of vehicle’s dimensions for pt 3 In this part, a vehicle is taken to include anything on the vehicle, unless otherwise stated. Division 2 Particular dimensions 24 Length—motor vehicles (1) A person must not drive a vehicle on a road if the vehicle is longer than— Page 20 Current as at 1 July 2013
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 3 Vehicle dimensions [s 25] (a) for a combination, other than a B-double or road train—19m; or (b) for an articulated bus—18m; or (c) for any other vehicle—12.5m. Maximum penalty— (a) for a vehicle other than a heavy vehicle—30 penalty units; or (b) for a minor risk breach for a heavy vehicle—30 penalty units; or (c) for a substantial risk breach for a heavy vehicle—50 penalty units. (2) In a proceeding for an offence against subsection (1) in relation to a heavy vehicle, the person charged has the benefit of the reasonable steps defence for the offence. Notes 1 See part 6B for the reasonable steps defence. 2 See section 57H(1)(e) of the Act, which provides that the CriminalCode, section 24 (Mistake of fact) does not apply to an offence against a mass, dimension, loading or container weight declaration requirement in relation to which a person charged has the benefit of the reasonable steps defence. 25 Width (1) A person must not drive a vehicle on a road if the vehicle is wider than 2.5m. Maximum penalty— (a) for a vehicle other than a heavy vehicle—30 penalty units; or (b) for a minor risk breach for a heavy vehicle—30 penalty units; or (c) for a substantial risk breach for a heavy vehicle—50 penalty units. Current as at 1 July 2013 Page 21
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 3 Vehicle dimensions [s 26] (2) When measuring the width of a vehicle for subsection (1), any of the following items that may be fitted to the vehicle are to be disregarded— (a) anti-skid devices mounted on wheels; (b) central tyre inflation systems; (c) lights, mirrors, reflectors, signalling devices or tyre pressure gauges. (3) In a proceeding for an offence against subsection (1) in relation to a heavy vehicle, the person charged has the benefit of the reasonable steps defence for the offence. Notes 1 See part 6B for the reasonable steps defence. 2 See section 57H(1)(e) of the Act, which provides that the CriminalCode, section 24 (Mistake of fact) does not apply to an offence against a mass, dimension, loading or container weight declaration requirement in relation to which a person charged has the benefit of the reasonable steps defence. (4) Nothing in this section affects a person’s liability for a contravention of section 34. 26 Height (1) A person must not drive a vehicle on a road if the vehicle is higher than— (a) for a vehicle built to carry cattle, horses, pigs or sheep—4.6m; or (b) for a vehicle built with at least 2 decks for carrying vehicles, when carrying a vehicle on the upper deck—4.6m; or (c) for a double-decker bus—4.4m; or (d) for another vehicle—4.3m. Maximum penalty— (a) for a vehicle other than a heavy vehicle—30 penalty units; or Page 22 Current as at 1 July 2013
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 3 Vehicle dimensions [s 27] (b) for a minor risk breach for a heavy vehicle—30 penalty units; or (c) for a substantial risk breach for a heavy vehicle—50 penalty units. (2) In a proceeding for an offence against subsection (1) in relation to a heavy vehicle, the person charged has the benefit of the reasonable steps defence for the offence. Notes 1 See part 6B for the reasonable steps defence. 2 See section 57H(1)(e) of the Act, which provides that the CriminalCode, section 24 (Mistake of fact) does not apply to an offence against a mass, dimension, loading or container weight declaration requirement in relation to which a person charged has the benefit of the reasonable steps defence. 27 Ground clearance (1) A person must not drive a vehicle on a road if the vehicle has a ground clearance of less than— (a) at a point within 1m of an axle—100mm; and (b) at the midpoint between adjacent axles—one-thirtieth of the distance between the centre of each axle; and (c) at any other point—the distance that allows the vehicle to pass over a peak in the road if the gradient on either side of the peak is 1:15. Maximum penalty—30 penalty units. (2) In this section— ground clearance of a vehicle means the minimum distance between the ground and the vehicle’s underside, other than its tyres, wheels, wheel hubs, brake backing plates, flexible mudguards and mudflaps. Current as at 1 July 2013 Page 23
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 3 Vehicle dimensions [s 28] 28 Length—trailers (1) A person must not drive a vehicle towing a semitrailer or dog trailer on a road if the semitrailer or dog trailer does not comply with this section. Maximum penalty—30 penalty units. (2) On a semitrailer or dog trailer, the distance from the front articulation point to— (a) the rear overhang line must not be more than 9.5m; and (b) the rear of the trailer must not be more than 12.3m. (3) The part of a semitrailer or anything attached to a semitrailer in front of the trailer’s front articulation point, other than another vehicle, must not protrude beyond the prescribed limit. (4) The prescribed limit is an imaginary line created by drawing a semicircle of 1.9m radius from the centre of, and forward of, the front articulation point. (5) A semitrailer with more than 1 front articulation point must comply with subsections (2) and (3) when measured at one of the points. (6) A trailer built to carry cattle, horses, pigs or sheep ( animals ) on 2 or more partly or completely overlapping decks must not have more than 12.5m of its length available to carry animals. (7) In a B-double built to carry animals, the 2 semitrailers must not have more than 18.8m of their combined length available to carry animals. (8) For subsections (6) and (7), the length available for the carriage of animals on a trailer is measured from the inside of the front wall or door of the trailer to the inside of the rear wall or door of the trailer, with any intervening partitions disregarded. 29 Length—rear overhang (1) A person must not drive a vehicle on a road if the vehicle does not comply with this section. Page 24 Current as at 1 July 2013
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 3 Vehicle dimensions [s 30] Maximum penalty—30 penalty units. (2) The rear overhang of a vehicle must not be more than the lesser of 3.7m and— (a) for a semitrailer or dog trailer—60% of the distance between the front articulation point and the rear overhang line; or (b) for any other trailer—the distance between the front of the body or load carrying area and the rear overhang line; or (c) for another vehicle—60% of the distance between the centre of the front axle and the rear overhang line. (3) A semitrailer with more than 1 front articulation point must comply with subsection (2)(a) when measured at the same point that is used for measurement for compliance under section 28(5). (4) Despite subsection (2), if a vehicle built to carry vehicles has at least 2 decks and a vehicle it is carrying overhangs its rear, the rear overhang of the vehicle built to carry vehicles must not be more than 4.9m. 30 Length—trailer drawbars (1) A person must not drive a vehicle towing a trailer on a road if the trailer does not comply with this section. Maximum penalty—30 penalty units. (2) On a dog trailer, the distance between the coupling pivot point on the drawbar and the centre of the front axle group— (a) must not be more than 5m; and (b) if the trailer is used in a road train that is longer than 19m—must not be less than 3m. (3) On a trailer, other than a semitrailer, with only a single axle group, the distance between the coupling pivot point on the drawbar and the centre of the axle group must not be more than 8.5m. Current as at 1 July 2013 Page 25
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 3 Vehicle dimensions [s 31] Division 3 Projections 31 Meaning of load for div 3 In this division— load includes equipment and the pole of a pole type trailer or jinker. 32 Measuring width for div 3 When measuring a vehicle’s width for this division, a back-vision mirror, light or reflector attached to the vehicle is not to be taken into account. 33 Limits on projections of loads—motorbikes (1) This section applies only in relation to loads on motorbikes. (2) A person must not drive, park or stop a motorbike on a road if any load on the motorbike projects— (a) for a motorbike without a sidecar— (i) more than 150mm in front of the outer extremity of the motorbike’s front wheel; or (ii) more than 300mm behind the outer extremity of the motorbike’s back wheel; or (iii) past the outer extremity of the motorbike on either side; or (b) for a motorbike with a sidecar— (i) more than 600mm in front of the outer extremity of the motorbike’s front wheel; or (ii) more than 900mm behind the outer extremity of the motorbike’s back wheel; or (iii) past the outer extremity of the vehicle on either side; or (c) for a motorbike trailer— Page 26 Current as at 1 July 2013
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 3 Vehicle dimensions [s 34] (i) more than 300mm behind the trailer; or (ii) past the outer extremity of the trailer on either side. Maximum penalty—20 penalty units. (3) If part of the load on a motorbike, or on a trailer towed by a motorbike, projects in a way that it would not be readily visible to a person following immediately behind the motorbike, the driver of the motorbike must ensure— (a) a brightly coloured red, red and yellow, or yellow flag at least 450mm by 450mm is fixed to the extreme back of the load; and (b) at night— (i) a light showing a clear red light to the back, visible under normal atmospheric conditions at a distance of at least 200m, is fixed to the extreme back of the load; or (ii) at least 2 reflectors, capable of projecting a red reflection of light from the headlight of any following vehicle, are fixed to the extreme back of the load. Maximum penalty—20 penalty units. 34 Limits on projection of loads—motor vehicles other than motorbikes (1) This section applies in relation to loads on motor vehicles other than motorbikes. (2) A person must not drive, park or stop a motor vehicle on a road if any load on the vehicle projects— (a) for a motor vehicle without a trailer— (i) more than 1.2m in front of the motor vehicle’s headlights; or (ii) more than 1.2m behind the motor vehicle; or (iii) more than 150mm past the outer extremity of the motor vehicle on either side; or Current as at 1 July 2013 Page 27
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 3 Vehicle dimensions [s 34] (b) for a motor vehicle with a trailer— (i) more than 1.2m in front of the motor vehicle’s headlights; or (ii) more than 1.2m behind either the motor vehicle or the trailer; or (iii) more than 150mm past the outer extremity of either the motor vehicle or the trailer on either side. Maximum penalty— (a) for a vehicle other than a heavy vehicle—20 penalty units; or (b) for a minor risk breach for a heavy vehicle—25 penalty units; or (c) for a substantial risk breach for a heavy vehicle—50 penalty units. (3) Despite subsection (2), a load may project more than 1.2m behind either a motor vehicle or a trailer if— (a) a brightly coloured red, red and yellow, or yellow flag at least 450mm by 450mm is fixed to the extreme back of the load; and (b) at night— (i) a light showing a clear red light to the back, visible under normal atmospheric conditions at a distance of at least 200m, is fixed to the extreme back of the load; or (ii) at least 2 reflectors, capable of projecting a red reflection of light from the headlight of any following vehicle, are fixed to the extreme back of the load. (4) If part of the load on a motor vehicle, or on a trailer towed by a motor vehicle, projects in a way that it would not be readily visible to a person following immediately behind the vehicle, the driver of the vehicle must ensure— Page 28 Current as at 1 July 2013
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 3 Vehicle dimensions [s 35] (a) a brightly coloured red, red and yellow, or yellow flag at least 450mm by 450mm is fixed to the extreme back of the load; and (b) at night— (i) a light showing a clear red light to the back, visible under normal atmospheric conditions at a distance of at least 200m, is fixed to the extreme back of the load; or (ii) at least 2 reflectors, capable of projecting a red reflection of light from the headlight of any following vehicle, are fixed to the extreme back of the load. Maximum penalty—20 penalty units. (5) In a proceeding for an offence against subsection (2) in relation to a heavy vehicle, the person charged has the benefit of the reasonable steps defence for the offence. Notes 1 See part 6B for the reasonable steps defence. 2 See section 57H(1)(e) of the Act, which provides that the CriminalCode, section 24 (Mistake of fact) does not apply to an offence against a mass, dimension, loading or container weight declaration requirement in relation to which a person charged has the benefit of the reasonable steps defence. 35 Limits on projections of loads—vehicles drawn by an animal (1) A person must not drive, park or stop a vehicle drawn by an animal on a road if any load on the vehicle projects— (a) past the animal’s head; or (b) if the vehicle is a 2-wheeled vehicle—more than 1m behind the vehicle’s body; or (c) if the vehicle is a 4-wheeled vehicle—more than 1m behind the vehicle’s body or the back wheels; or Current as at 1 July 2013 Page 29
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 3 Vehicle dimensions [s 36] (d) if the vehicle is a pole type jinker—behind the back end of the pole; or (e) more than 300mm past the outer extremity of the vehicle’s body or wheels on either side. Maximum penalty—20 penalty units. (2) Despite subsection (1), a load may project more than 1m behind a vehicle drawn by an animal, if— (a) a brightly coloured red, red and yellow, or yellow flag at least 450mm by 450mm is fixed to the extreme back of the load; and (b) at night— (i) a light showing a clear red light to the back, visible under normal atmospheric conditions at a distance of at least 200m, is fixed to the extreme back of the load; or (ii) at least 2 reflectors, capable of projecting a red reflection of light from the headlight of any following vehicle, are fixed to the extreme back of the load. 36 Division does not affect div 2 Nothing in this division authorises a person to drive a vehicle on a road other than in compliance with the requirements of a provision of division 2. Division 4 Information offences 37 Offences against this part An offence against this part is an information offence for the Act, section 50. Page 30 Current as at 1 July 2013
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 4 Loading [s 38] Part 4 Loading Division 1 Preliminary 38 Application of part This part applies to a load on a vehicle or combination on a road. 39 Definition for pt 4 In this part— schedule 7 loading requirement , for a vehicle, means a provision of schedule 7 applying to it. Division 2 Loading requirements 40 Compliance with requirements—vehicles (1) The person in control of a vehicle must ensure a load on it complies with a schedule 7 loading requirement applying to it. Maximum penalty— (a) for a private vehicle—20 penalty units; or (b) for a prescribed heavy vehicle other than a heavy vehicle—30 penalty units; or (c) for a minor risk breach for a heavy vehicle—30 penalty units; or (d) for a substantial risk breach for a heavy vehicle—50 penalty units. (2) In a proceeding for an offence against subsection (1) in relation to a heavy vehicle, the person charged has the benefit of the reasonable steps defence for the offence. Current as at 1 July 2013 Page 31
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 4 Loading [s 41] Notes 1 See part 6B for the reasonable steps defence. 2 See section 57H(1)(e) of the Act, which provides that the CriminalCode, section 24 (Mistake of fact) does not apply to an offence against a mass, dimension, loading or container weight declaration requirement in relation to which a person charged has the benefit of the reasonable steps defence. 41 Compliance with requirements—trailers (1) The person in control of a vehicle towing a trailer must ensure the trailer complies with a schedule 7 loading requirement applying to it. Maximum penalty— (a) for a private vehicle—20 penalty units; or (b) for a prescribed heavy vehicle other than a heavy vehicle—30 penalty units; or (c) for a minor risk breach for a heavy vehicle—30 penalty units; or (d) for a substantial risk breach for a heavy vehicle—50 penalty units. (2) In a proceeding for an offence against subsection (1) in relation to a heavy vehicle, the person charged has the benefit of the reasonable steps defence for the offence. Notes 1 See part 6B for the reasonable steps defence. 2 See section 57H(1)(e) of the Act, which provides that the CriminalCode, section 24 (Mistake of fact) does not apply to an offence against a mass, dimension, loading or container weight declaration requirement in relation to which a person charged has the benefit of the reasonable steps defence. 42 Compliance with requirements—combinations (1) The person in control of a combination must ensure it complies with a schedule 7 loading requirement applying to it. Page 32 Current as at 1 July 2013
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 4 Loading [s 43] Maximum penalty— (a) for a private vehicle—20 penalty units; or (b) for a prescribed heavy vehicle other than a heavy vehicle—30 penalty units; or (c) for a minor risk breach for a heavy vehicle—30 penalty units; or (d) for a substantial risk breach for a heavy vehicle—50 penalty units. (2) In a proceeding for an offence against subsection (1) in relation to a heavy vehicle, the person charged has the benefit of the reasonable steps defence for the offence. Notes 1 See part 6B for the reasonable steps defence. 2 See section 57H(1)(e) of the Act, which provides that the CriminalCode, section 24 (Mistake of fact) does not apply to an offence against a mass, dimension, loading or container weight declaration requirement in relation to which a person charged has the benefit of the reasonable steps defence. Division 3 Other provisions 43 Proof of schedule 7 loading offences In a proceeding for an offence against a schedule 7 loading requirement— (a) evidence that a load on a vehicle was not placed, secured or restrained in a way that met a performance standard under the ‘Load restraint guide’ is evidence of a contravention of a schedule 7 loading requirement; and (b) evidence that a load, or part of a load, has fallen off a vehicle is evidence that the load was not properly secured; and Current as at 1 July 2013 Page 33
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 5 Protection of roads and structures [s 44] (c) a court must presume a document purporting to be the ‘Load restraint guide’ is the ‘Load restraint guide’, until the contrary is proved. Editor’s note The ‘Load restraint guide’ is published by the National Transport Commission and may be accessed on the commission’s website at < 44 Offences against this part An offence against this part is an information offence for the Act, section 50. Part 5 Protection of roads and structures 45 Damage to road transport infrastructure (1) A person must not use, or permit to be used, on a State-controlled road, whether with a gravel formation or sealed surface, a vehicle or other kind of equipment that may damage the road, other than under a permit issued under section 46. Maximum penalty—80 penalty units. (2) A person must not use, or permit to be used, on a State-controlled road, a vehicle or other kind of equipment that is not fitted with pneumatic or rubber tyres, other than— (a) under a permit issued under section 46; or (b) for the construction of works for, or the maintenance of, road transport infrastructure. Maximum penalty—80 penalty units. Page 34 Current as at 1 July 2013
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 5 Protection of roads and structures [s 46] 46 Application for, and issue of, permit (1) A person who proposes to use a vehicle or other equipment for which a permit is required under section 45 may apply to the chief executive for a permit under this section. (2) The application— (a) must be written; and (b) must be made to the chief executive at least 10 business days before the vehicle or other equipment is used on the State-controlled road. (3) The chief executive may issue the permit, with or without conditions, or refuse to issue the permit. (4) A permit may include conditions about— (a) the State-controlled roads on which the vehicle or other equipment may be used; and (b) the period for which the vehicle or other equipment may be used on State-controlled roads; and (c) the maximum mass and dimensions for the vehicle or other equipment; and (d) preparing or strengthening road transport infrastructure; and (e) the repair, replacement or reconstruction of road transport infrastructure; and (f) other matters the chief executive considers necessary or appropriate. (5) Before granting the permit, or as a condition of it, the chief executive may require the applicant to pay the chief executive’s costs or estimated costs of the following— (a) assessing the vehicle’s route and preparing the relevant plans and estimates; (b) preparing and strengthening road transport infrastructure on the route; Current as at 1 July 2013 Page 35
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 5 Protection of roads and structures [s 47] (c) repairing, replacing or reconstructing road transport infrastructure on the route; (d) ensuring compliance with a condition or a proposed condition of the permit. (6) A permit issued under this section is void if a condition included in the permit is contravened. 47 Restriction of loads on structures (1) The chief executive may— (a) decide the maximum loaded mass for a vehicle that may use a bridge or culvert forming part of a State-controlled road; and (b) erect on or in the vicinity of the bridge or culvert a conspicuous notice stating— (i) the maximum loaded mass for a vehicle that may use the bridge or culvert; and (ii) any reasonable and relevant conditions the chief executive considers should apply for the safe use of the bridge or culvert by a vehicle. (2) A person must not drive a vehicle over a bridge or culvert if— (a) a notice has been erected under subsection (1)(b) in relation to the bridge or culvert; and (b) at least 1 of the following applies— (i) the loaded mass of the vehicle is greater than the mass stated on the notice as the maximum loaded mass for a vehicle that may use the bridge or culvert; (ii) the vehicle is driven in a way that contravenes a condition stated in the notice as applying for the safe use of the bridge or culvert by a vehicle. Maximum penalty—80 penalty units. (3) A person does not contravene subsection (2) if the person— Page 36 Current as at 1 July 2013
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 6 Guidelines and permits [s 48] (a) before driving the vehicle over the bridge or culvert, obtains the written consent of the chief executive to drive the vehicle over the bridge or culvert; and (b) in driving the vehicle over the bridge or culvert, complies with all conditions to which the chief executive subjects the written consent. Part 6 Guidelines and permits Division 1 Guidelines 48 Guidelines for safe movement of vehicles (1) The chief executive may, by gazette notice, issue a guideline for the safe movement on a road of a type of vehicle. (2) A guideline can not allow a combination to be more than— (a) for a combination consisting of 1 motor vehicle—the motor vehicle’s GCM; or (b) for a combination consisting of more than 1 motor vehicle—the total of each motor vehicle’s GCM. (3) The matters a guideline may relate to include the following— (a) the roads on which the type of vehicle may be driven; (b) the maximum permissible dimensions of the type of vehicle together with any load; (c) the maximum permissible mass of— (i) the type of vehicle together with any load; or (ii) parts of the type of vehicle; (d) any permissible or requisite modifications to the type of vehicle; Current as at 1 July 2013 Page 37
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 6 Guidelines and permits [s 49] Example of paragraph (d) Extra lighting may be required to be added to the side of a vehicle carrying a wide load. (e) the times when the type of vehicle may be driven; (f) signs and warning devices to be displayed on the type of vehicle; (g) when the type of vehicle must travel with a pilot vehicle or escort vehicle; (h) requirements for pilot vehicles and pilot vehicle drivers, and escort vehicles and escort vehicle drivers; (i) the maximum speeds at which the type of vehicle may be driven; (j) operating the type of vehicle under the IAP; (k) other matters relevant to the safe movement of the type of vehicle. (4) The roads on which the type of vehicle may be driven may be shown on a map in the guideline. (5) If a guideline relates to operating a type of vehicle under the IAP, the guideline must state that the operator of a vehicle of that type must obtain a certificate under section 55B before operating the vehicle under the IAP. 49 Statutory condition on guidelines for oversize vehicles (1) A guideline for a type of oversize vehicle is issued on the conditions stated in schedule 8 for the guideline. (2) A condition imposed under subsection (1) applies despite any other provision of the guideline. 50 Driving under guideline (1) A person who is driving a type of vehicle in accordance with a current guideline issued for the type of vehicle is exempt from complying with the provisions of this regulation for which the guideline states it is a means of alternative compliance. Page 38 Current as at 1 July 2013
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 6 Guidelines and permits [s 51] (2) However, a guideline that is a means of alternative compliance for driving a pilot or escort vehicle need not state that fact. (3) A person must ensure a sign or warning device that is required under a guideline is not displayed on a vehicle being driven by the person unless the person is driving the vehicle for the purpose for which the guideline was issued. Maximum penalty—40 penalty units. Division 2 Permits 51 Permits for safe movement of vehicles (1) The chief executive may issue a permit for the safe movement on a road of a particular vehicle or type of vehicle. (2) The commissioner may issue a permit for the safe movement on a road of a particular oversize vehicle or type of oversize vehicle. (3) The chief executive or commissioner may issue a permit by phone, fax, radio or another form of communication if the chief executive or commissioner considers it necessary because of urgent circumstances. (4) A permit can not allow a combination to be more than— (a) for a combination consisting of 1 motor vehicle—the motor vehicle’s GCM; or (b) for a combination consisting of more than 1 motor vehicle—the total of each motor vehicle’s GCM. (5) The matters a permit may relate to include the following— (a) the roads on which the vehicle or type of vehicle may be driven; (b) the maximum permissible dimensions of the vehicle or type of vehicle together with any load; (c) the maximum permissible mass of— Current as at 1 July 2013 Page 39
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 6 Guidelines and permits [s 52] (i) the vehicle or type of vehicle together with any load; or (ii) parts of the vehicle or type of vehicle; (d) any permissible or requisite modifications to the vehicle or type of vehicle; Example of paragraph (d) Extra lighting may be required to be added to the side of a vehicle or type of vehicle carrying a wide load. (e) the times when the vehicle or type of vehicle may be driven; (f) signs and warning devices to be displayed on the vehicle or type of vehicle; (g) when the vehicle or type of vehicle must travel with a pilot vehicle or escort vehicle; (h) requirements for pilot vehicles and pilot vehicle drivers, and escort vehicles and escort vehicle drivers; (i) the maximum speeds at which the vehicle or type of vehicle may be driven; (j) operating the vehicle or type of vehicle under the IAP; (k) other matters relevant to the safe movement of the vehicle or type of vehicle. (6) The roads on which the vehicle or type of vehicle may be driven may be shown on a map in the permit. (7) If a permit relates to operating a vehicle, or type of vehicle, under the IAP, the permit must state that the operator of the vehicle, or a vehicle of that type, must obtain a certificate under section 55B before operating the vehicle under the IAP. 52 Statutory condition on permits for oversize vehicles (1) A permit for a particular oversize vehicle or type of oversize vehicle mentioned in section 51 is issued on the conditions stated in schedule 8 for the permit. Page 40 Current as at 1 July 2013
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 6 Guidelines and permits [s 53] (2) A condition imposed under subsection (1) applies despite any other provision of the permit. 53 Permit contents and conditions (1) A permit, other than a permit issued under alternative arrangements under section 54, must state— (a) if the permit relates to a particular vehicle, the registration number of the vehicle it relates to; and (b) the name and address of the person to whom the permit is issued; and (c) how long the permit is in force for; and (d) the conditions of the permit. (2) The conditions of a permit may include a condition requiring the permit holder— (a) to pay the reasonable costs incurred by the State in relation to the issue of the permit, including, for example, the costs of— (i) assessing the roads the vehicle is to be driven on; and (ii) preparing any relevant plans and cost estimates; and (iii) preparing or strengthening road transport infrastructure; and (iv) repairing, replacing or reconstructing road transport infrastructure; and (v) ensuring the permit conditions are observed; and (b) to deposit an amount reasonably required by the chief executive as security for the costs mentioned in paragraph (a). (3) If, no later than 28 days after the permit ends, the chief executive decides an amount deposited as a condition of the permit is not sufficient security for the costs, the chief Current as at 1 July 2013 Page 41
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 6 Guidelines and permits [s 54] executive may require a further amount to be deposited within a reasonable stated time. (4) The chief executive must, within 28 days after the permit ends— (a) calculate the costs incurred by the State; and (b) if the costs incurred are less than the amount deposited as security for costs, refund the difference to the permit holder. 54 Alternative arrangements for permits (1) The chief executive may enter into an arrangement with a person for the issue to the person of a permit other than in accordance with the requirements of sections 51 and 53. (2) The arrangement— (a) may only be made in circumstances in which it is impracticable for the requirements of sections 51 and 53 to be fully complied with; and (b) must provide for compliance with sections 51 and 53 to the greatest practicable extent. Example of arrangement under subsections (1) and (2) The issue of a permit for a particular journey using a 2-stage process for the issue of the permit that involves— (a) the identification, in a document of general application, of the contents of permits to apply for all journeys of a particular type; and (b) completing the issue of the permit for the particular journey by the electronic issue of a ticket. 55 Driving under permit (1) A person is exempt from complying with the provisions of this regulation for which a current permit states it is a means of alternative compliance if the person is— (a) driving a vehicle in accordance with the permit; and (b) carrying the permit in the vehicle. Page 42 Current as at 1 July 2013
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 6 Guidelines and permits [s 55A] (2) However, a permit that is a means of alternative compliance for driving a pilot or escort vehicle need not state that fact. (3) A person must ensure a sign or warning device that is required under a permit is not displayed on a vehicle being driven by the person unless the person is driving the vehicle for the purpose for which the permit was issued. Maximum penalty—40 penalty units. Division 3 IAP conditions and procedure before operating under IAP etc. 55A IAP conditions (1) This section applies if— (a) a guideline relates to operating a type of vehicle under the IAP; or (b) a permit relates to operating a vehicle or type of vehicle under the IAP. (2) The IAP conditions for vehicles operating under the IAP are— (a) the conditions stated in schedule 8 for the guideline or permit; and (b) the conditions stated in the guideline or permit about a heavy vehicle’s access, or improved access, to the road network under the IAP. (3) The IAP conditions— (a) must state at least 1 IAP road ( spatial data ); and (b) may state 1 or more of the following— (i) periods during which IAP vehicles are permitted to use the stated IAP road ( temporal data ); (ii) maximum speeds at which IAP vehicles may travel during that use ( speed data ); Current as at 1 July 2013 Page 43
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 6 Guidelines and permits [s 55B] (iii) any other condition of access to the IAP road, for example, a condition about mass limits. (4) If the IAP conditions do not state speed data, the IAP conditions are taken to authorise the use of IAP vehicles on the IAP road at any speed at which a non-IAP vehicle of the same class could be used on the IAP road. (5) If the IAP conditions state speed data, the IAP conditions do not authorise an IAP vehicle to travel at a speed in excess of a speed limit that applies to vehicles generally. (6) If the IAP conditions do not state temporal data, the IAP conditions are taken to authorise the use of IAP vehicles on the IAP road at any time at which a non-IAP vehicle of the same class could be used on the IAP road. (7) The IAP conditions may require an IAP vehicle to be monitored whether or not it uses an IAP road. (8) In this section— IAP road means a road or road-related area for use by an IAP vehicle. 55B Procedure to obtain certificate relating to IAP vehicle (1) This section applies if— (a) under section 48(5), the operator of a vehicle of a particular type must obtain a certificate under this section before operating the vehicle under the IAP; or (b) under section 51(7), the operator of a vehicle, or a vehicle of a particular type, must obtain a certificate under this section before operating the vehicle under the IAP. (2) The operator of the vehicle must give the chief executive a request, in the approved form, for a notice from the chief executive stating that the operator may enter into an IAP agreement for the vehicle. (3) The approved form may be combined with the approved forms under sections 55C and 55D. Page 44 Current as at 1 July 2013
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 6 Guidelines and permits [s 55C] (4) If the operator of the vehicle gives the chief executive a request under subsection (2) for the vehicle, the chief executive must give the operator a written notice stating that the operator may enter into an IAP agreement for the vehicle. (5) After the operator of the vehicle has received written notice under subsection (4), the operator may enter into an IAP agreement for the vehicle. (6) If an IAP service provider gives the chief executive written notice that the IAP service provider has entered into an IAP agreement with the operator of the vehicle, the chief executive must give the operator a certificate under subsection (7) for the vehicle. (7) The certificate must— (a) identify the IAP conditions to which the vehicle is subject, by reference to the guideline or permit; and (b) state the effect of section 55A(4) and (6). 55C Notice of change of information contained in request If there is a change in any of the information contained in a request under section 55B(2) made by the operator of a vehicle, the operator must give the chief executive notice in the approved form of the change within 14 days after the change. Maximum penalty—15 penalty units. 55D Notice that operator no longer wants to operate vehicle under IAP (1) The operator of an IAP vehicle may give the chief executive notice, in the approved form, that the operator no longer wants to operate the vehicle under the IAP. (2) On receipt of the notice by the chief executive, the operator can no longer operate the vehicle under the IAP. (3) Subsection (2) applies despite anything stated in this regulation or a guideline or permit under part 6. Current as at 1 July 2013 Page 45
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 6A Intelligent access program [s 55E] Part 6A Intelligent access program Division 1 Preliminary 55E What this part is about This part states the powers, functions, duties and obligations applying to a person in relation to the IAP. 55F Meaning of malfunctions An approved intelligent transport system malfunctions if— (a) it ceases to work at all, or works only intermittently; or (b) it does not perform a function required under the IAP, or performs the function only intermittently; or (c) it performs a function required under the IAP in a way that the results of it doing so are inaccurate or unreliable, including intermittently inaccurate or unreliable. 55G Meaning of noncompliance report (1) A noncompliance report is a report, made by an approved intelligent transport system, of a contravention by an IAP vehicle of the IAP conditions. (2) A noncompliance report may include information generated by an approved intelligent transport system about apparent tampering with, or malfunctioning of, the system. Page 46 Current as at 1 July 2013
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 6A Intelligent access program [s 55H] Division 2 Powers and duties of chief executive in relation to IAP 55H Issue of IAP identifiers (1) The chief executive may issue an IAP identifier for an IAP vehicle. (2) If an IAP identifier is, or becomes, known to a person or entity that has the ability to associate it with a particular individual, the person or entity must treat the identifier as personal information for the purposes of a law relating to privacy. Division 3 Duties and obligations of operators of IAP vehicles 55I Operator of an IAP vehicle providing false or misleading information to IAP service provider (1) The operator of an IAP vehicle commits an offence if— (a) the operator gives information to an IAP service provider with whom the operator has entered into an IAP agreement; and (b) the information is relevant to the operation of the IAP vehicle; and (c) the operator knows, or could reasonably be expected to know, the information is false or misleading in a material particular. Maximum penalty—60 penalty units. (2) Subsection (1) does not apply if the operator gives the information in writing and, when giving the information— (a) tells the IAP service provider, to the best of the operator’s ability, how it is false or misleading; and (b) if the operator has, or can reasonably obtain, the correct information—gives the correct information in writing. Current as at 1 July 2013 Page 47
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 6A Intelligent access program [s 55J] (3) Without limiting subsection (1)(b), information about the IAP conditions that apply, or are capable of applying, to an IAP vehicle is relevant to the operation of the IAP vehicle. (4) The operator of a vehicle commits an offence if— (a) the operator gives information to an IAP service provider; and (b) the operator intends that the IAP service provider will enter into an IAP agreement with the operator in reliance on the information; and (c) the operator knows, or could reasonably be expected to know, the information is false or misleading in a material particular. Maximum penalty—60 penalty units. (5) Subsection (4) does not apply if the operator gives the information in writing and, when giving the information— (a) tells the IAP service provider, to the best of the operator’s ability, how it is false or misleading; and (b) if the operator has, or can reasonably obtain, the correct information—gives the correct information in writing. (6) It is enough for a complaint against an operator for an offence against subsection (1) or (4) to state that the information given was false or misleading to the operator’s knowledge. 55J Participating operators’ obligation to tell IAP vehicle drivers about collection of personal information and other matters (1) A participating operator who operates an IAP vehicle must take reasonable steps to give the IAP vehicle’s driver the following information, before the IAP vehicle begins a journey— (a) that the IAP vehicle will be monitored by an IAP service provider; (b) the information that will be collected by the IAP service provider; Page 48 Current as at 1 July 2013
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 6A Intelligent access program [s 55J] (c) the purposes for which the information will be collected; (d) the persons and entities to whom the information collected may be disclosed; (e) that the collection of the information is authorised under this part; (f) that, under this part, the driver has rights of access to the information or to have the information changed to ensure it is accurate, up to date and complete; (g) how the rights mentioned in paragraph (f) can be exercised; (h) the name and address of the IAP service provider. Maximum penalty—60 penalty units. (2) A participating operator who operates an IAP vehicle must take reasonable steps to tell the IAP vehicle’s driver before the IAP vehicle begins a journey— (a) about the IAP vehicle driver’s obligation under section 55L; and (b) how the IAP vehicle driver can make the reports required by that obligation. Maximum penalty—60 penalty units. (3) A participating operator who operates an IAP vehicle is taken to comply with subsections (1) and (2) if the operator— (a) places a notice that gives the information mentioned in subsections (1) and (2) in a place in the IAP vehicle’s driving cab where it is clearly visible; or (b) gives the information mentioned in subsections (1) and (2) to the IAP vehicle’s driver in writing as part of a written contract of employment between the IAP vehicle driver and the participating operator. (4) TCA may approve— (a) a form of notice that may be used under subsection (3)(a); and Current as at 1 July 2013 Page 49
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 6A Intelligent access program [s 55K] (b) for subsection (3)(b), a standard form of words that may be used as part of a written contract of employment. (5) If TCA approves a form of notice that may be used under subsection (3)(a), TCA must make the form available on the IAP website. (6) If TCA approves a standard form of words as mentioned in subsection (4)(b), TCA must make the standard form of words available on the IAP website. 55K System malfunctions—obligations of participating operators (1) If a participating operator who operates an IAP vehicle becomes aware that an approved intelligent transport system fitted to the IAP vehicle is malfunctioning, the participating operator must immediately report the malfunction to the chief executive in person or by telephone, fax or email. Maximum penalty—37 1 / 2 penalty units. (2) The participating operator must keep, for at least 4 years, a written record of a report of a malfunction under subsection (1), containing the following particulars— (a) the type of malfunction to which the report relates; (b) the date and time the person making the report became aware of the malfunction; (c) the location of the vehicle when the person making the report became aware of the malfunction; (d) the date and time the report was made; (e) the location of the vehicle when the report was made; (f) the way, by telephone, fax, email or in person, that the report was made; (g) the name of the individual who made the report; Page 50 Current as at 1 July 2013
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Part 6A Intelligent access program [s 55L] (h) the name of the individual to whom the report was made. Maximum penalty—37 1 / 2 penalty units. Division 4 Obligations of IAP vehicle drivers 55L System malfunctions—obligations of IAP vehicle drivers If the driver of an IAP vehicle becomes aware that an approved intelligent transport system fitted to the IAP vehicle is malfunctioning, the driver must immediately report the malfunction to the IAP vehicle’s participating operator in person or by radio, telephone, fax or email. Maximum penalty—37 1 / 2 penalty units. Division 5 Duties, powers and obligations of IAP service providers 55M IAP service providers’ duties in relation to use and disclosure of IAP information An IAP service provider must not use or disclose IAP information other than as required or authorised under this regulation or another law. Maximum penalty—60 penalty units. 55N IAP service providers’ powers to collect information that will become IAP information and hold, store, use and disclose IAP information (1) An IAP service provider may, for compliance purposes— (a) collect information that when collected will become IAP information; and (b) hold, store and use IAP information. Current as at 1 July 2013 Page 51
Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 Schedule 5 Column 1 Column 2 Axle configuration Axle mass (tonnes) 10 Triaxle group with 2 axles fitted with dual tyres and the other axle with single tyres . . . . . . . . . . . 11 Triaxle group with 2 axles fitted with single tyres and the other axle with dual tyres . . . . . . . . . . . . 12 Triaxle group with each axle fitted with single tyre . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Quadaxle group or a group of more than 4 axles with each axle fitted with dual tyres or 4 or more tyres (however arranged) . . . . . . . . . . . . . . . . . . . 17.5 15.0 13.8 18.0 Axle groups with retractable axles 14 Tandem axle group with 1 axle a retractable axle and the other fitted with— (a) dual tyres . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.1 (b) single tyres . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.6 15 Triaxle group with 1 axle a retractable axle and the other axles fitted with— (a) dual tyres . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.2 (b) single tyres . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.0 (c) dual tyres on 1 axle and single tyres on the other axle . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.2 Current as at 1 July 2013 Page 95
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Schedule 6 Schedule 6 Nonconforming vehicle loaded mass schedule 4, section 2(1) and (4) Column 1 Distance between extreme axles (metres) from to less than 2.0 3.3 3.3 3.6 3.6 3.9 3.9 4.2 4.2 4.5 4.5 4.8 4.8 5.1 5.1 5.4 5.4 5.7 5.7 6.0 6.0 6.3 6.3 6.6 6.6 6.9 6.9 7.2 7.2 7.5 7.5 7.8 7.8 8.1 8.1 8.4 8.4 8.7 8.7 9.0 9.0 9.3 2 axles 16.4 16.7 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Column 2 Loaded mass (tonnes) 3 axles 4 axles 5 axles 18.6 .. .. 19.0 21.3 .. 19.3 21.6 .. 19.7 21.9 .. 20.0 22.2 .. 20.3 22.5 24.9 20.6 22.8 25.1 21.0 23.1 25.4 21.3 23.4 25.7 21.6 23.7 26.0 21.9 24.0 26.3 22.3 24.3 26.6 22.6 24.6 26.8 23.0 24.9 27.1 23.3 25.2 27.4 23.6 25.6 27.7 .. 25.9 27.9 .. 26.2 28.2 .. 26.5 28.5 .. 26.8 28.8 .. 27.1 29.1 6 axles .. .. .. .. .. 24.9 25.1 25.4 25.7 26.0 26.3 26.6 26.8 27.1 27.4 27.7 27.9 28.2 28.5 28.8 31.5 Page 96 Current as at 1 July 2013
Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 Schedule 6 Column 1 Distance between extreme axles (metres) 9.3 from 9.6 to less than 9.6 9.9 9.9 10.2 10.2 10.5 10.5 10.8 10.8 11.1 11.1 11.4 11.4 11.7 11.7 12.0 12.0 12.3 12.3 12.6 12.6 12.9 12.9 13.2 13.2 13.5 13.5 13.8 13.8 14.1 14.1 14.4 14.4 14.7 14.7 15.0 15.0 15.3 15.3 15.6 15.6 15.9 15.9 16.2 16.2 16.5 .. 2 axles .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Column 2 Loaded mass (tonnes) .. 27.4 29.4 3 axles 4 axles 5 axles .. 27.7 29.6 .. 28.0 29.9 .. 28.3 30.2 .. 28.6 30.5 .. 28.9 30.7 .. 29.2 31.0 .. 29.5 31.3 .. 29.8 31.6 .. 30.1 31.9 .. 30.4 32.2 .. 30.7 32.4 .. .. 32.7 .. .. 33.0 .. .. 33.3 .. .. 33.5 .. .. 33.8 .. .. 34.1 .. .. 34.4 .. .. 34.7 .. .. 35.0 .. .. 35.3 .. .. 35.5 .. .. 35.8 31.8 6 axles 32.1 32.2 32.6 32.9 33.1 33.4 33.7 33.9 34.2 34.5 34.7 35.1 35.3 35.6 35.9 36.0 36.0 36.0 36.0 36.0 36.0 36.0 36.0 Current as at 1 July 2013 Page 97
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Schedule 7 Schedule 7 Loading requirements section 39 1 Loading (1) A load on a vehicle must not be placed in a way that makes the vehicle unstable or unsafe. (2) A load on a vehicle must be secured so it is unlikely to fall or be dislodged from the vehicle. (3) An appropriate method must be used to restrain the load on a vehicle. Editor’s note See the ‘Load restraint guide’ for examples of safe ways of loading vehicles. The ‘Load restraint guide’ is published by the National Transport Commission and may be accessed on the commission’s website at < 2 Trailers (1) A trailer in a combination must be securely coupled to the vehicle in front of it. (2) The components of a coupling used between vehicles must be compatible and properly connected to each other. Page 98 Current as at 1 July 2013
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Schedule 8 Schedule 8 Statutory conditions on guidelines and permits for oversize vehicles sections 49 and 52 1 Driving restrictions on guidelines or permits for oversize vehicles (1) This section applies to a guideline or permit issued by the chief executive or the commissioner ( issuer ) for a type of oversize vehicle or a particular oversize vehicle under part 6 if the issuer— (a) reasonably believes that driving the type of vehicle under the guideline or the particular vehicle or type of vehicle under the permit during a particular period or periods or along a particular road or roads would— (i) unduly hinder or obstruct other road users; or (ii) compromise road safety; and (b) publishes a gazette notice ( restriction notice ) stating— (i) the type of vehicle or particular vehicle; and (ii) the dimensions of the type of vehicle or particular vehicle mentioned in paragraph (b)(i); and (iii) the period and road; to which the restriction notice applies. (2) A person must not drive the type of vehicle under the guideline or the particular vehicle or type of vehicle under the permit contrary to the provisions of the restriction notice. (3) However, the issuer may by signed notice ( waiver notice ) to an eligible person waive the requirements of a restriction notice applying to a guideline or permit if the issuer is satisfied that— (a) special circumstances exist; and Current as at 1 July 2013 Page 99
Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 Schedule 8 (b) in the circumstances the driving of the type of oversize vehicle under the guideline or the particular oversize vehicle or type of oversize vehicle under the permit would not compromise road safety. (4) The issuer may impose reasonable and relevant conditions in the waiver notice for driving the type of vehicle under the guideline or the particular vehicle or type of vehicle under the permit in addition to the conditions, if any, in the guideline or permit. (5) The waiver notice is taken to be included in, and a part of, the guideline or permit for section 48 or 51. (6) In this section— eligible person means— (a) for a guideline—a person who, apart from a restriction notice, would be authorised to drive the type of oversize vehicle under the guideline; or (b) for a permit—the holder of the permit. Page 100 Current as at 1 July 2013
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Schedule 9 Schedule 9 Fees section 56 1 Overmass vehicle The fee for a permit under section 51 for an overmass vehicle is— (a) for a single trip—$83.75; or (b) for a stated period—$318.15. 2 Alternative compliance (1) The fee for approval, under section 15 of the Act, of an alternative compliance scheme for section 7, 8 or 9 is $86.15. (2) The fee for each vehicle accredited to participate in an alternative compliance scheme mentioned in subsection (1) is $28.60. Current as at 1 July 2013 Page 101
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Schedule 10 Schedule 10 Equivalent standard axles section 57 Part 1 Trailers with rows of 8 tyres Average load per row (tonnes) 10 or more but less than 11 11 or more but less than 12 12 or more but less than 13 13 or more but less than 14 14 or more but less than 15 15 or more but less than 16 16 or more but less than 17 17 or more but less than 18 18 or more but less than 19 19 or more but less than 20 20 or more but less than 21 21 or more but less than 22 22 or more but less than 23 23 or more but less than 24 24 or more Equivalent standard axles per row 0.4 0.6 0.9 1.2 1.7 2.2 2.8 3.6 4.6 5.7 6.9 8.4 10.2 12.1 14.4 Part 2 Trailers with rows of 4 tyres Average load per row (tonnes) 5 or more but less than 6 6 or more but less than 7 7 or more but less than 8 Page 102 Equivalent standard axles per row 0.1 0.3 0.5 Current as at 1 July 2013
Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 Schedule 10 Average load per row (tonnes) 8 or more but less than 9 9 or more but less than 10 10 or more but less than 11 11 or more but less than 12 12 or more Equivalent standard axles per row 0.9 1.5 2.2 3.2 4.6 Current as at 1 July 2013 Page 103
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Schedule 11 Schedule 11 Dictionary section 3 ADR means a national standard under the Motor Vehicle Standards Act 1989 (Cwlth), section 7. articulated bus means a bus with 2 or more rigid sections that are connected to one another in a way that allows— (a) passenger access between the sections; and (b) rotary movement between the sections. average load per row see section 57. axle means the axis of rotation of a row of tyres across a vehicle. axle group means 1 axle or consecutive axles connected by a load-sharing suspension system or steering mechanism. B-double means a combination consisting of a prime mover towing 2 semitrailers. Page 104 Typical B-double bus means a motor vehicle built mainly to carry more than 12 seated adults. centre of an axle group means— (a) a line located midway between the centre-lines of the outermost axles of the group; or (b) if there are 2 axles in the group and one of them is fitted with twice the number of tyres as the other axle—a line located one-third of the way from the centre-line of the axle with more tyres towards the centre-line of the axle with fewer tyres. Current as at 1 July 2013
Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 Schedule 11 Centre of a typical tandem axle group fitted with an equal number of tyres on each axle Centre of a typical tandem axle group fitted with a different number of tyres on each axle Centre of a typical triaxle group Current as at 1 July 2013 Page 105
Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 Schedule 11 Centre of a typical quadaxle group combination means a motor vehicle connected to one or more trailers. compliance plate see the Motor Vehicle Standards Act 1989 (Cwlth). complying container weight declaration see section 21B. converter dolly means a trailer with one axle group or single axle and a fifth wheel coupling designed to convert a semitrailer into a dog trailer. Typical converter dolly dog trailer means a trailer that has 2 axle groups with the front axle group being steered by connection to the towing vehicle. dolly means a specially designed pig trailer used to convert a semitrailer into a dog trailer. drawbar means a part of a trailer (other than a semitrailer) that connects the trailer body to a coupling for towing purposes. driver means the person driving or in control of a motor vehicle. escort vehicle means a vehicle that— (a) travels with an oversize vehicle to warn other road users of the oversize vehicle’s presence; and Page 106 Current as at 1 July 2013
Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 Schedule 11 (b) is required to be driven by an escort vehicle driver under a guideline or permit under part 6. escort vehicle driver means a person who holds an appointment under the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005 as an accredited person with the functions of an escort vehicle driver. fifth wheel coupling means a device, other than the upper rotating element and the kingpin (which are parts of a semitrailer), used with a prime mover, semitrailer or a converter dolly to permit quick coupling and uncoupling and to provide for a point of rotation. front articulation point of a trailer means the point of articulation at the front of the trailer. GCM (gross combination mass) means the maximum loaded mass of a motor vehicle and any vehicles it may lawfully tow— (a) stated by the vehicle’s manufacturer— (i) on the vehicle’s compliance plate; or (ii) if there is no compliance plate—in another place; or (b) stated by the vehicle registration authority if— (i) the manufacturer has not stated the vehicle’s maximum loaded mass; or (ii) the manufacturer can not be identified; or (iii) the vehicle has been modified and the maximum loaded mass stated by the manufacturer is no longer appropriate. IAP means intelligent access program. IAP agreement means an agreement between the operator of a vehicle and an IAP service provider under which the IAP service provider agrees to monitor the vehicle’s compliance with IAP conditions. IAP audit see section 55ZI. Current as at 1 July 2013 Page 107
Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 Schedule 11 IAP auditor see section 61D(4) of the Act. IAP conditions see section 55A. IAP information means information, including personal information, that has been generated or collected for any purpose relating to the IAP. IAP service provider see section 61D(4) of the Act. IAP vehicle means a vehicle that is subject to IAP conditions, is equipped for monitoring under the IAP, and is covered by an IAP agreement. IAP website means the website on the internet maintained by TCA for use for the IAP. Editor’s note At the commencement of this definition, the IAP website was at < indivisible load means a load that can not, without disproportionate effort, expense or risk of damage, be divided into 2 or more smaller loads for transportation. journey length see section 57. law enforcement purposes means the purposes of investigating or prosecuting an offence, whether summary or indictable, against a transport Act. load , of a vehicle— (a) for part 3, division 3, see section 31; or (b) otherwise, includes— (i) anything normally removed from the vehicle when it is not in use; and (ii) anything that may fall from the vehicle when it is in motion. load carrying vehicle means a vehicle designed and built to carry goods in addition to any fuel, water, lubricants, tools and any other equipment or accessories necessary for the vehicle’s normal operation. Page 108 Current as at 1 July 2013
Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 Schedule 11 loaded mass of a vehicle means the vehicle’s mass together with the mass of the vehicle’s load that is transmitted to the ground. loading requirement , for part 4, see section 39. load-sharing suspension system means an axle group suspension system— (a) built to divide the load between the tyres on the group so no tyre carries a mass more than 10% above the mass it would carry if the load were divided equally; and (b) with effective damping characteristics on all axles of the group. malfunction , of an approved intelligent transport system, see section 55F. mass requirement , for part 2, see section 6. noncompliance means a contravention by an IAP vehicle of the IAP conditions. noncompliance report see section 55G. overmass vehicle means a vehicle that, together with any load, does not comply with part 2. oversize vehicle means a vehicle that, together with any load, does not comply with part 3. participating operator means an operator of a vehicle who has entered into an IAP agreement, and operates at least 1 IAP vehicle. personal information means information or an opinion, including information or an opinion forming part of a database, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be found out, from the information or opinion. pig trailer means a trailer— (a) with 1 axle group near the middle of its load carrying surface; and (b) connected to the towing vehicle by a drawbar. Current as at 1 July 2013 Page 109
Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 Schedule 11 pilot vehicle means a vehicle that— (a) travels with an oversize vehicle to warn other road users of the oversize vehicle’s presence; and (b) under a guideline or permit under part 6, is required to be driven by— (i) a pilot vehicle driver; or (ii) an escort vehicle driver; or (iii) another person stated in the guideline or permit. pilot vehicle driver means a person who holds an appointment under the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2005 as an accredited person with the functions of a pilot vehicle driver. pole type trailer means a trailer— (a) attached to a towing vehicle by a pole or by something fitted to a pole; and (b) used to transport loads that are capable of supporting themselves as beams between supports. Example of loads transported by pole type trailers logs or pipes quadaxle group means a group of 4 axles with a horizontal distance between the centre-lines of the outermost axles of more than 3.2m but not more than 4.9m. rear overhang , for part 3, see section 22. rear overhang line , for part 3, see section 22. registration authority means the authority that is responsible for registering vehicles. retractable axle means an axle that can be raised so the tyres on it do not touch the ground. road train means a combination (other than a B-double) consisting of a motor vehicle towing at least 2 trailers Page 110 Current as at 1 July 2013
Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 Schedule 11 (counting as one trailer a converter dolly supporting a semitrailer). Typical triple road train road transport infrastructure see the Transport InfrastructureAct 1994 . semitrailer means a trailer (including a pole type trailer) that has— (a) 1 axle group towards the rear; and (b) a way of attaching to a prime mover that results in some of the load being imposed on the prime mover. single axle group means a group of 2 or more axles with a horizontal distance between the centre-lines of the outermost axles of less than 1m. State-controlled road means a road or land, or part of a road or land, declared to be a State-controlled road under the Transport Infrastructure Act 1994 , section 24. tag trailer means a semitrailer that does not impose a load on the front axle or axle group of the towing vehicle. tampers , with an approved intelligent transport system, see section 55ZS. tandem axle group means a group of at least 2 axles with a horizontal distance between the centre-lines of the outermost axles of at least 1m but not more than 2m. trailer does not include a vehicle that is not a load carrying vehicle. triaxle group means a group of at least 3 axles with a horizontal distance between the centre-lines of the outermost axle of more than 2m but not more than 3.2m. twinsteer axle group means a group of 2 axles connected to the same steering mechanism on a motor vehicle fitted with Current as at 1 July 2013 Page 111
Transport Operations (Road Use Management—Mass, Dimensions and Loading)Regulation 2005 Schedule 11 single tyres, and with a horizontal distance between the centre-lines of the axles of at least 1m but not more than 2m. Typical twinsteer axle group on a motor vehicle ultra-low floor route bus means a bus with 2 axles that is specially designed to incorporate the following— (a) places for standing passengers; (b) stairless entry of passengers. vehicle includes anything the vehicle carries that is essential for its operation. Page 112 Current as at 1 July 2013
Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 Endnotes Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .113 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .114 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .114 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .115 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .117 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992 , section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 July 2013. Future amendments of the Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 may be made in accordance with this reprint under the Reprints Act 1992 , section 49. Current as at 1 July 2013 Page 113
Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 Endnotes 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised version = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered 4 Table of reprints A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary Counsel each time a change to the legislation takes effect. The notes column for this reprint gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further details of the use of any discretionary editorial power noted in the table can be obtained by contacting the Office of the Queensland Parliamentary Counsel by telephone on 3237 0466 or email [email protected]. From 29 January 2013, all Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints is not continued with the relevant details for historical reprints included in this table. Reprint No. 1 1A 1B 1C rv 1D rv Amendments included none 2006 SL No. 28 2006 SL No. 90 2006 SL No. 173 2007 SL No. 83 Effective 1 September 2005 1 March 2006 1 July 2006 7 July 2006 1 July 2007 Notes Page 114 Current as at 1 July 2013
Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 Endnotes Reprint No. 2 2A 2B 2C 2D 2E 2F 2G 3 3A Amendments included 2008 SL No. 114 2008 SL No. 131 2008 SL No. 313 2008 SL No. 425 2009 SL No. 64 2009 SL No. 222 2009 Act No. 50 2010 SL No. 100 2011 SL No. 64 2012 SL No. 55 Effective 15 May 2008 1 July 2008 29 September 2008 1 January 2009 1 July 2009 19 October 2009 1 July 2010 1 July 2011 1 July 2011 1 July 2012 Notes R2G withdrawn, see R3 Current as at 1 July 2013 Amendments included 2013 SL No. 75 Notes 5 List of legislation Regulatory impact statements For subordinate legislation that has a regulatory impact statement, specific reference to the statement is included in this list. Explanatory notes All subordinate legislation made on or after 1 January 2011 has an explanatory note. For subordinate legislation made before 1 January 2011 that has an explanatory note, specific reference to the note is included in this list. Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 SL No. 188 made by the Governor in Council on 11 August 2005 notfd gaz 12 August 2005 pp 1297–1303 ss 1–2 commenced on date of notification remaining provisions commenced 1 September 2005 (see s 2) exp 1 September 2015 (see SIA s 54) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Transport Legislation Amendment Regulation (No. 1) 2006 SL No. 28 pts 1, 5 notfd gaz 24 February 2006 pp 798–801 ss 1–2 commenced on date of notification remaining provisions commenced 1 March 2006 (see s 2(2)) Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2006 SL No. 90 ss 1, 2(1), pt 16 notfd gaz 19 May 2006 pp 252–4 ss 1–2 commenced on date of notification Current as at 1 July 2013 Page 115
Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 Endnotes remaining provisions commenced 1 July 2006 (see s 2(1)) Transport Legislation and Another Regulation Amendment Regulation (No. 2) 2006 SL No. 173 pts 1, 8 notfd gaz 7 July 2006 pp 1167–9 commenced on date of notification Transport Legislation (Fees) Amendment Regulation (No. 1) 2007 SL No. 83 pts 1, 15 notfd gaz 18 May 2007 pp 345–8 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2007 (see s 2) Transport Operations (Road Use Management—Mass, Dimensions and Loading)Amendment Regulation (No. 1) 2008 SL No. 114 notfd gaz 9 May 2008 pp 277–8 ss 1–2 commenced on date of notification remaining provisions commenced 15 May 2008 (see s 2) Transport Legislation (Fees) Amendment Regulation (No. 1) 2008 SL No. 131 pts 1, 15 notfd gaz 23 May 2008 pp 543–5 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2008 (see s 2) Transport Operations (Road Use Management—Mass, Dimensions and Loading)and Other Legislation Amendment Regulation (No. 1) 2008 SL No. 313 pts 1–2 notfd gaz 19 September 2008 pp 407–9 ss 1–2 commenced on date of notification remaining provisions commenced 29 September 2008 (see s 2) Transport and Other Legislation Amendment Regulation (No. 3) 2008 SL No. 425 notfd gaz 12 December 2008 pp 2044–53 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2009 (see s 2) Transport Legislation (Fees) Amendment Regulation (No. 1) 2009 SL No. 64 pts 1, 15 notfd gaz 22 May 2009 pp 331–3 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2009 (see s 2) Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2009 No. 222 pts 1, 4 notfd gaz 16 October 2009 pp 523–4 ss 1–2 commenced on date of notification remaining provisions commenced 19 October 2009 (see s 2) Trade Measurement Legislation Repeal Act 2009 No. 50 ss 1–2, 18 sch date of assent 19 November 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2010 (2010 SL No. 127) Page 116 Current as at 1 July 2013
Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 Endnotes Transport Legislation (Fees) Amendment Regulation (No. 1) 2010 SL No. 100 ss 1, 2(1), pt 15 notfd gaz 28 May 2010 pp 290–2 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2010 (see s 2(1)) Transport Legislation (Fees) Amendment Regulation (No. 1) 2011 SL No. 64 pts 1, 16 notfd gaz 20 May 2011 pp 142–3 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2011 (see s 2) Transport Legislation (Fees) Amendment Regulation (No. 1) 2012 SL No. 55 pts 1, 16 notfd gaz 18 May 2012 pp 74–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2012 (see s 2) Transport Legislation (Fees) Amendment Regulation (No. 1) 2013 SL No. 75 pts 1, 16 notfd gaz 31 May 2013 pp 160–5 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2013 (see s 2) 6 List of annotations Application of pt 2 s 5 amd 2008 SL No. 313 s 4 Mass requirements s 6 sub 2008 SL No. 313 s 5 Compliance with requirements—vehicles s 7 amd 2008 SL No. 313 s 6; 2008 SL No. 425 s 3 sch; 2009 SL No. 222 s 27 Compliance with requirements—trailers s 8 amd 2008 SL No. 313 s 7; 2008 SL No. 425 s 3 sch; 2009 SL No. 222 s 28 Compliance with requirements—combinations s 9 amd 2008 SL No. 313 s 8; 2008 SL No. 425 s 3 sch; 2009 SL No. 222 s 29 Way of stating GVM s 18 amd 2008 SL No. 313 s 9 Proof of mass s 20 amd 2009 Act No. 50 s 18 sch Offences against this part s 21 sub 2008 SL No. 313 s 10 PART 2A—CONTAINER WEIGHT DECLARATIONS pt hdg ins 2008 SL No. 313 s 11 Application of pt 2A s 21A ins 2008 SL No. 313 s 11 Current as at 1 July 2013 Page 117
Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 Endnotes Meaning of complying container weight declaration s 21B ins 2008 SL No. 313 s 11 Duty of responsible entity s 21C ins 2008 SL No. 313 s 11 amd 2008 SL No. 425 s 3 sch; 2009 SL No. 222 s 30 Duty of operator s 21D ins 2008 SL No. 313 s 11 amd 2008 SL No. 425 s 3 sch; 2009 SL No. 222 s 31 Duty of driver s 21E ins 2008 SL No. 313 s 11 amd 2008 SL No. 425 s 3 sch; 2009 SL No. 222 s 32 PART 3—VEHICLE DIMENSIONS Length—motor vehicles s 24 amd 2008 SL No. 313 s 12; 2008 SL No. 425 s 3 sch; 2009 SL No. 222 s 33 Width s 25 amd 2008 SL No. 313 s 13; 2008 SL No. 425 s 3 sch; 2009 SL No. 222 s 34 Height s 26 amd 2008 SL No. 313 s 14; 2008 SL No. 425 s 3 sch; 2009 SL No. 222 s 35 Limits on projection of loads—motor vehicles other than motorbikes s 34 amd 2008 SL No. 313 s 15; 2008 SL No. 425 s 3 sch; 2009 SL No. 222 s 36 Division 4—Information offences div hdg sub 2008 SL No. 313 s 16 Offences against this part s 37 sub 2008 SL No. 313 s 16 PART 4—LOADING Definition for pt 4 s 39 amd 2008 SL No. 313 s 17 Compliance with requirements—vehicles s 40 amd 2008 SL No. 313 s 18; 2008 SL No. 425 s 3 sch; 2009 SL No. 222 s 37 Compliance with requirements—trailers s 41 amd 2008 SL No. 313 s 19; 2008 SL No. 425 s 3 sch; 2009 SL No. 222 s 38 Compliance with requirements—combinations s 42 amd 2008 SL No. 313 s 20; 2008 SL No. 425 s 3 sch; 2009 SL No. 222 s 39 Proof of schedule 7 loading offences prov hdg amd 2008 SL No. 313 s 21 s 43 amd 2006 SL No. 173 s 28; 2008 SL No. 313 s 21 Offences against this part s 44 sub 2008 SL No. 313 s 22 Page 118 Current as at 1 July 2013
Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 Endnotes PART 6—GUIDELINES AND PERMITS Guidelines for safe movement of vehicles s 48 amd 2008 SL No. 114 s 4 Permits for safe movement of vehicles s 51 amd 2008 SL No. 114 s 5 Division 3—IAP conditions and procedure before operating under IAP etc. div hdg ins 2008 SL No. 114 s 6 IAP conditions s 55A ins 2008 SL No. 114 s 6 Procedure to obtain certificate relating to IAP vehicle s 55B ins 2008 SL No. 114 s 6 Notice of change of information contained in request s 55C ins 2008 SL No. 114 s 6 amd 2008 SL No. 425 s 3 sch Notice that operator no longer wants to operate vehicle under IAP s 55D ins 2008 SL No. 114 s 6 PART 6A—INTELLIGENT ACCESS PROGRAM pt hdg ins 2008 SL No. 114 s 6 Division 1—Preliminary div 1 (ss 55E–55G) ins 2008 SL No. 114 s 6 Division 2—Powers and duties of chief executive in relation to IAP div 2 (s 55H) ins 2008 SL No. 114 s 6 Division 3—Duties and obligations of operators of IAP vehicles div hdg ins 2008 SL No. 114 s 6 Operator of an IAP vehicle providing false or misleading information to IAP service provider s 55I ins 2008 SL No. 114 s 6 amd 2008 SL No. 425 s 3 sch Participating operators’ obligation to tell IAP vehicle drivers about collection of personal information and other matters s 55J ins 2008 SL No. 114 s 6 amd 2008 SL No. 425 s 3 sch System malfunctions—obligations of participating operators s 55K ins 2008 SL No. 114 s 6 amd 2008 SL No. 425 s 3 sch Division 4—Obligations of IAP vehicle drivers div hdg ins 2008 SL No. 114 s 6 System malfunctions—obligations of IAP vehicle drivers s 55L ins 2008 SL No. 114 s 6 amd 2008 SL No. 425 s 3 sch Current as at 1 July 2013 Page 119
Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 Endnotes Division 5—Duties, powers and obligations of IAP service providers div hdg ins 2008 SL No. 114 s 6 IAP service providers’ duties in relation to use and disclosure of IAP information s 55M ins 2008 SL No. 114 s 6 amd 2008 SL No. 425 s 3 sch IAP service providers’ powers to collect information that will become IAP information and hold, store, use and disclose IAP information s 55N ins 2008 SL No. 114 s 6 IAP service provider must give IAP auditor and TCA access to record s 55O ins 2008 SL No. 114 s 6 amd 2008 SL No. 425 s 3 sch IAP service providers’ duties in relation to recording use and disclosure of IAP information s 55P ins 2008 SL No. 114 s 6 amd 2008 SL No. 425 s 3 sch IAP service providers’ obligations relating to quality and security of IAP information s 55Q ins 2008 SL No. 114 s 6 amd 2008 SL No. 425 s 3 sch IAP service providers’ obligations relating to records of monitoring s 55R ins 2008 SL No. 114 s 6 amd 2008 SL No. 425 s 3 sch IAP service providers’ obligation to make individuals aware of personal information held s 55S ins 2008 SL No. 114 s 6 amd 2008 SL No. 425 s 3 sch IAP service providers’ obligation to give noncompliance reports s 55T ins 2008 SL No. 114 s 6 amd 2008 SL No. 425 s 3 sch IAP service providers’ obligations relating to reporting tampering s 55U ins 2008 SL No. 114 s 6 amd 2008 SL No. 425 s 3 sch IAP service providers’ obligation to report malfunctions s 55V ins 2008 SL No. 114 s 6 amd 2008 SL No. 425 s 3 sch IAP service provider providing false or misleading information to TCA or IAP auditor s 55W ins 2008 SL No. 114 s 6 amd 2008 SL No. 425 s 3 sch Division 6—Functions, powers and obligations of TCA div 6 (ss 55X–55ZH) ins 2008 SL No. 114 s 6 Page 120 Current as at 1 July 2013
Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 Endnotes Division 7—Duties, powers and obligations of IAP auditors div hdg ins 2008 SL No. 114 s 6 What “IAP audit” is s 55ZI ins 2008 SL No. 114 s 6 IAP auditors’ duties in relation to use and disclosure of IAP information s 55ZJ ins 2008 SL No. 114 s 6 amd 2008 SL No. 425 s 3 sch IAP auditors’ powers to collect information that will become IAP information and hold, store, use and disclose IAP information s 55ZK ins 2008 SL No. 114 s 6 IAP auditors’ obligations in relation to collecting IAP information s 55ZL ins 2008 SL No. 114 s 6 amd 2008 SL No. 425 s 3 sch IAP auditors’ obligations to keep IAP information secure and destroy or remove personal information s 55ZM ins 2008 SL No. 114 s 6 amd 2008 SL No. 425 s 3 sch IAP auditors’ obligation to make individuals aware of personal information held s 55ZN ins 2008 SL No. 114 s 6 amd 2008 SL No. 425 s 3 sch IAP auditors’ obligation to keep records of transactions s 55ZO ins 2008 SL No. 114 s 6 amd 2008 SL No. 425 s 3 sch IAP auditors’ obligation to correct errors etc. s 55ZP ins 2008 SL No. 114 s 6 amd 2008 SL No. 425 s 3 sch IAP auditors’ obligation to report breaches by IAP service providers s 55ZQ ins 2008 SL No. 114 s 6 amd 2008 SL No. 425 s 3 sch IAP auditors’ obligation to report tampering s 55ZR ins 2008 SL No. 114 s 6 amd 2008 SL No. 425 s 3 sch Division 8—Tampering with approved intelligent transport systems div hdg ins 2008 SL No. 114 s 6 Meaning of tampers s 55ZS ins 2008 SL No. 114 s 6 Tampering with approved intelligent transport system s 55ZT ins 2008 SL No. 114 s 6 amd 2008 SL No. 425 s 3 sch PART 6B—REASONABLE STEPS DEFENCE pt 6B (ss 55ZU–55ZX) ins 2008 SL No. 313 s 23 Current as at 1 July 2013 Page 121
Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 Endnotes Regulation repealed s 58 amd 2006 SL No. 28 s 18 PART 8—TRANSITIONAL PROVISIONS Division 1—Transitional provisions for Transport Operations (Road Management—Mass, Dimensions and Loading) Regulation 2005 div hdg ins 2008 SL No. 313 s 24 Use Definition for div 1 s 59 prov hdg sub 2008 SL No. 313 s 25 Division 2—Transitional provision for TransportOperations(RoadUseManagement—Mass,DimensionsandLoading)andOtherLegislationAmendment Regulation (No. 1) 2008 div hdg ins 2008 SL No. 313 s 26 amd 2011 SL No. 64 s 34 Offences against pre-amended regulation s 62 prev s 62 om R1 (see RA s 40) pres s 62 ins 2008 SL No. 313 s 26 amd 2011 SL No. 64 s 35 PART 9—OTHER REGULATIONS AMENDED pt hdg om R1 (see RA s 7(1)(k)) Division 1—Amendment of State Penalties Enforcement Regulation 2000 div hdg om R1 (see RA s 7(1)(k)) Amendment of sch 3 (Transport legislation) s 63 om R1 (see RA s 40) Division 2—Amendment of Tow Truck Regulation 1999 div 2 (ss 64–65) om R1 (see RA ss 7(1)(k) and 40) Division 3—Amendment of Transport Infrastructure (Rail) Regulation 1996 div 3 (ss 66–67) om R1 (see RA ss 7(1)(k) and 40) Division 4—Amendment of Transport Operations (Road Use Management—RoadRules) Regulation 1999 div 4 (ss 68–71) om R1 (see RA ss 7(1)(k) and 40) Division 5—Amendment of Transport Operations (Road Use Management—VehicleRegistration) Regulation 1999 div 5 (ss 72–74) om R1 (see RA ss 7(1)(k) and 40) SCHEDULE 2—MASS LIMITS FOR SINGLE AXLES AND AXLE GROUPS amd 2006 SL No. 173 s 29 SCHEDULE 9—FEES sch hdg sub 2006 SL No. 90 s 34; 2007 SL No. 83 s 30; 2008 SL No. 131 s 31; 2009 SL No. 64 s 31; 2010 SL No. 100 s 44; 2011 SL No. 64 s 36; 2012 SL No. 55 s 32; 2013 SL No. 75 s 33 Page 122 Current as at 1 July 2013
Transport Operations (Road Use Management—Mass, Dimensions and Loading) Regulation 2005 Endnotes Overmass vehicle s 1 amd 2006 SL No. 28 s 19 sub 2006 SL No. 90 s 34; 2007 SL No. 83 s 30; 2008 SL No. 131 s 31; 2009 SL No. 64 s 31; 2010 SL No. 100 s 44; 2011 SL No. 64 s 36; 2012 SL No. 55 s 32; 2013 SL No. 75 s 33 Alternative compliance s 2 sub 2006 SL No. 90 s 34; 2007 SL No. 83 s 30; 2008 SL No. 131 s 31; 2009 SL No. 64 s 31; 2010 SL No. 100 s 44; 2011 SL No. 64 s 36; 2012 SL No. 55 s 32; 2013 SL No. 75 s 33 SCHEDULE 11—DICTIONARY def complying container weight declaration ins 2008 SL No. 313 s 27(2) def dangerous overloading offence sub 2008 SL No. 313 s 27 om 2009 SL No. 222 s 40 def excessive overloading offence sub 2008 SL No. 313 s 27 om 2009 SL No. 222 s 40 def extreme overloading offence om 2008 SL No. 313 s 27(1) def IAP ins 2008 SL No. 114 s 7 def IAP agreement ins 2008 SL No. 114 s 7 def IAP audit ins 2008 SL No. 114 s 7 def IAP auditor ins 2008 SL No. 114 s 7 def IAP conditions ins 2008 SL No. 114 s 7 def IAP information ins 2008 SL No. 114 s 7 def IAP service provider ins 2008 SL No. 114 s 7 def IAP vehicle ins 2008 SL No. 114 s 7 def IAP website ins 2008 SL No. 114 s 7 def law enforcement purposes ins 2008 SL No. 114 s 7 def load amd 2006 SL No. 28 s 20 def malfunction ins 2008 SL No. 114 s 7 def noncompliance ins 2008 SL No. 114 s 7 def noncompliance report ins 2008 SL No. 114 s 7 def participating operator ins 2008 SL No. 114 s 7 def personal information ins 2008 SL No. 114 s 7 def prime mover om 2008 SL No. 313 s 27(1) def tampers ins 2008 SL No. 114 s 7 © State of Queensland 2013 Authorised by the Parliamentary Counsel Current as at 1 July 2013 Page 123
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