EXPLANATORY STATEMENT
Interstate Road Transport Act 1985
DETERMINATION OF ROUTES FOR VEHICLES OTHER THAN B-DOUBLES AND RIGID TRUCK AND TRAILER COMBINATIONS, CARRYING HIGHER MASS LIMITS UNDER THE FEDERAL INTERSTATE REGISTRATION
SCHEME 2011 (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. Subregulation 12C(5) of the Regulations provides that the Minister may determine routes on which a higher mass limit vehicle, other than a B-double, may be driven. 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of routes for vehicles, other than B-doubles and rigid truck and trailer combinations, carrying higher mass limits has been revoked and replaced by the new Determination.
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. The Office of Best Practice Regulation advised that a Regulatory Impact Statement is not required for this determination
(ID 12620) as only an administrative change has been made.
The Determination will commence the day following registration by the Federal Register of Legislative Instruments.
The Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.