EXPLANATORY STATEMENT

Interstate Road Transport Act 1985

DETERMINATION OF ROUTES FOR B-DOUBLES NOT OPERATING AT HIGHER MASS LIMITS UNDER THE

FEDERAL INTERSTATE REGISTRATION SCHEME 2009 (No.1)

The Interstate Road Transport Act 1985 (IRT Act) and the Interstate Road Transport Regulations 1986 (the Regulations) set out registration requirements and associated matters, including the determination of routes for restricted access heavy vehicles such as B-doubles and Higher Mass Limit (HML) vehicles involved in interstate trade and commerce under the Federal Interstate Registration Scheme (FIRS).  The states and territories administer FIRS on behalf of the Australian Government consistent with an agreement made under section 6 of the IRT Act.

Subsection 43A(1) of the IRT Act provides that the Minister may determine federal routes and subsection 43A(2) provides that the Minister may determine conditions to which the operation of a B-double on a federal route is subject.  The Minister has delegated his powers to make these determinations to Senior Executive Service employees in the Department responsible for the administration of the IRT Act.

In addition, regulations 12C and 12L provide that FIRS registered vehicles may operate on routes that the vehicles are authorised to operate on under a relevant State or Territory instrument which has been made under legislation specified in Schedule 4A of the Regulations.  The route Determinations provide coverage for those routes that are not currently covered by relevant instruments made under State or Territory legislation.

The previous determination of routes for B-doubles not operating at Higher Mass Limits has been revoked and replaced by the new Determination which reflects the latest routes declared in Queensland.

The Determination was updated to continue to accurately reflect the intent of the IRT Act in providing access to routes for the operation of FIRS registered heavy vehicles.  Queensland Transport was consulted in the preparation of the determination.  Neither a Regulatory Impact Statement nor Business Cost Calculator report is required for this determination as only an administrative change has been made.  A Best Practice Regulation Preliminary Assessment has been completed.

The Determination will commence the day following registration by the Federal Register of Legislative Instruments.

This Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.