Untitled document

Road Safety (Vehicles) (Mass, Dimension and Load Restraint) Regulations 2005

S.R. No. 119/2005

TABLE OF PROVISIONS

Regulation  Page

1.Objective

2.Authorising provision

3.Commencement

4.Principal Regulations

5.Revocation of offence regarding mass limits

6.Consequential amendment of regulation 418

7.Failure to comply with requirements set out in Schedule 1

8.Failure to comply with requirements set out in Schedule 2

9.Failure to comply with requirements set out in Schedule 3

10.Insertion of Division 4 into Part 5

Division 4—Provision Applying to Class 1, 2 and 3 Vehicles

521.Mass and dimension limits do not apply to certain exempt vehicles

11.New regulation 802 substituted

802.Load restraint requirement

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ENDNOTES

STATUTORY RULES 2005

S.R. No. 119/2005

Road Safety Act 1986

Road Safety (Vehicles) (Mass, Dimension and Load Restraint) Regulations 2005

The Lieutenant-Governor as the Governor's Deputy with the advice of the Executive Council makes the following Regulations:

Dated: 27 September 2005

Responsible Minister:

PETER BATCHELOR
Minister for Transport

RUTH LEACH

Clerk of the Executive Council

1.Objective

The objective of these Regulations is to amend the Road Safety (Vehicles) Regulations 1999 to take account of changes made to the Road Safety Act 1986 by the Transport Legislation (Amendment) Act 2004 in relation to vehicle mass and dimension limits and load restraint requirements.

2.Authorising provision

These Regulations are made under section 95 of the Road Safety Act 1986.

3.Commencement

These Regulations come into operation on 30 September 2005.

4.Principal Regulations

In these Regulations, the Road Safety (Vehicles) Regulations 1999[1] are called the Principal Regulations.

5.Revocation of offence regarding mass limits

Regulation 417 of the Principal Regulations is revoked.

6.Consequential amendment of regulation 418

In regulation 418(1) of the Principal Regulations, for "Division 2" substitute "regulation 410(1), 410(2), 410(3), 410(4), 412, 413, 414 or 415(2)".

7.Failure to comply with requirements set out in Schedule 1

In regulation 506 of the Principal Regulations—

(a)insert the following heading—

"Offence to fail to comply with a relevant requirement of Schedule 1";

(b)sub-regulations (1) and (2) are revoked;

(c)in sub-regulation (3), for "a relevant mass or dimension limit" substitute "a relevant mass limit, width limit, length limit or height limit".

8.Failure to comply with requirements set out in Schedule 2

In regulation 514 of the Principal Regulations—

(a)insert the following heading—

"Offence to fail to comply with a relevant requirement of Schedule 2";

(b)sub-regulations (1) and (2) are revoked;

(c)in sub-regulation (3), for "a relevant mass or dimension limit" substitute "a relevant mass limit, width limit, length limit or height limit".

9.Failure to comply with requirements set out in Schedule 3

In regulation 520 of the Principal Regulations—

(a)insert the following heading—

"Offence to fail to comply with a relevant requirement of Schedule 3";

(b)sub-regulations (1) and (2) are revoked;

(c)in sub-regulation (3), for "a relevant mass or dimension limit" substitute "a relevant mass limit, width limit, length limit or height limit".

10.Insertion of Division 4 into Part 5

After regulation 520 of the Principal Regulations insert—

"Division 4—Provision Applying to Class 1, 2 and 3 Vehicles

521.Mass and dimension limits do not apply to certain exempt vehicles

A mass limit, width limit, length limit or height limit set out in Schedule 1, 2 or 3 does not apply to a vehicle if—

(a)the vehicle is exempt from compliance with the limit as a result of a notice or permit published or issued under this Part; and

(b)the vehicle is used in accordance with the notice or permit.".

11.New regulation 802 substituted

For regulation 802 of the Principal Regulations substitute—

"802.Load restraint requirement

(1)The following requirements apply to a vehicle that is carrying a load—

(a)the load must be secured by a means that is appropriate to the vehicle and the nature of the load; and

(b)the load must be placed and secured on the vehicle in a manner that will prevent or would be likely to prevent the load or any part of the load from—

(i)hanging or projecting from the vehicle; or

(ii)becoming dislodged or falling from the vehicle; and

(c)the load must not be placed or secured on the vehicle in a manner that makes the vehicle unstable.

(2)In proceedings for an offence under the Act in respect of the breach of a load restraint requirement, evidence of non-compliance with the performance standards recommended in the Load Restraint Guide, Second Edition 2004, published by the National Transport Commission, is admissible in evidence.".

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ENDNOTES

[1] Reg. 4: S.R. No. 29/1999.  Reprint No. 2 as at 15 December 2002, incorporating amendments up to and including S.R. No. 113/2002.  Subsequently amended by S.R. Nos 7/2003, 36/2003, 44/2003, 51/2003, 38/2004, 49/2004, 82/2004, 86/2004, 88/2004 and 46/2005.