Interstate Road Transport Amendment (Heavy Vehicle National Law) Regulation 2014

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2014L00719 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Select Legislative Instrument No. 84, 2014

Issued by Authority of the Minister for Infrastructure and Regional Development

Interstate Road Transport Act 1985

Interstate Road Transport Amendment (Heavy Vehicle National Law) Regulation 2014

 

The Interstate Road Transport Act 1985 (the IRT Act) provides for the registration of heavy vehicles engaged solely in the interstate carriage of passengers or goods, in trade or commerce, or for any purpose that is incidental to the carriage of that kind.  A vehicle or trailer is registered as part of the Federal Interstate Registration Scheme (FIRS) under section 8 of the IRT Act, if the conditions specified in Part II of the IRT Act are met.  Section 56 of the IRT Act provides, in part, that the Governor-General may make regulations for the purposes of regulating the use and operation of registered motor vehicles and trailers.

 

The Interstate Road Transport Regulations 1986 (the Principal Regulations) are made subject to this regulation making power.  Regulations 12C and 12L provide for certain FIRS registered vehicles to operate on routes specified by state and territory instruments.  The state and territory legislation under which these instruments may be made is outlined in Schedule 4A, which currently distinguishes between instruments made for b-double vehicles and for other vehicle combinations operating under higher mass limits.  Instruments may take one of two forms: a notice may be issued to allow all vehicles of a particular configuration to use a specified route and a permit may be issued to allow a particular vehicle to use a specified route.

With the commencement of the Heavy Vehicle National Law Act 2012 (Qld) (the National Law) and its equivalent enactments in other participating jurisdictions on 10 February 2014, new state and territory route determinations in participating jurisdictions are now made by the National Heavy Vehicle Regulator under the National Law.  Currently the participating jurisdictions are New South Wales, Victoria, Queensland, South Australia, Tasmania and the Australian Capital Territory.  To ensure ongoing operational compatibility of the IRT Act with the National Law, amendments to the Principal Regulations are required.

 

Under the Interstate Road Transport Amendment (Heavy Vehicle National Law)Regulation 2014 (the Regulation), Schedule 4A, which lists state and territory legislation under which relevant instruments may be made, is repealed and replaced by a single definition of relevant instrument.  This definition includes three elements:

  • reference to provisions of the Heavy Vehicle National Law under which notices and permits are issued by the National Heavy Vehicle Regulator;
  • the preservation of any instruments made under former legislation but which continue to apply in jurisdictions participating in the National Law;
  • incorporation of instrument making provisions which otherwise remain in force for Western Australia.

 

Legislation referenced in the single definition of relevant instrument may be obtained through the legislation register of the corresponding jurisdiction.

 

Subregulations 12C(8) and 12L(5) which formerly defined ‘relevant instrument’ by reference to schedule 4A are repealed.  To give effect to the new definition of relevant instrument, the Regulation adds definitions of the ‘Heavy Vehicle National Law’ and the ‘National Heavy Vehicle Regulator’ to the Principal Regulations.
 

The Regulation also makes minor technical changes to the Principal Regulations to ensure that references are current and to improve their clarity.

Under Division 2 of the Principal Regulations, arrangements are established for compulsory third party insurance for jurisdictions which agreed to participate in the insurance scheme under FIRS. Schedule 2 lists the insurance providers which may insure vehicles and trailers for the scheme. The Regulation updates Schedule 2 to refer to current insurers, which for some jurisdictions broadens the choice of insurer options for FIRS operators.

To improve the clarity of the Principal Regulations, references to the former Australian Transport Advisory Council, which was responsible for the administration of the Australian Design Rules at the time of the drafting of the Principal Regulations, are removed.  References to the Australian Transport Advisory Council are replaced by references to the ministerial council responsible for transport matters.  This will ensure ongoing validity of the regulation if machinery of government changes produce subsequent changes to the name of the Transport and Infrastructure Council.
 

Further details of the Regulation changes are outlined in the Attachment.
 

The State and Territory road authorities that administer FIRS on behalf of the Commonwealth were consulted prior to the drafting of the Regulation.  The Regulation incorporates feedback received during this consultation process. The Regulation does not change any pre-existing arrangements for business and does not place any restrictions on competition in the industry. The Regulation makes minor technical changes which have the effect of clarifying current uncertainties in the Principal Regulations.  As a result, public consultation was not undertaken in the drafting of this Regulation.

 

The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

 

 

     


ATTACHMENT

Details of the Interstate Road Transport Amendment (Heavy Vehicle National Law) Regulation 2014

 

Section 1 – Name of Regulation

This regulation provides that the name of the Regulation is the Interstate Road Transport Amendment (Heavy Vehicle National Law) Regulation 2014.

Section 2 – Commencement

This regulation provides for the Regulation to commence on the day following registration.

Section 3 – Authority

This regulation provides that the Regulation is made under the Interstate Road Transport Act 1985.

Section 4 – Schedule

This regulation provides for amendments to each instrument as specified in the schedule.

Schedule 1 Amendments

Item [1] – Subregulation 2(1)

 

Sub-regulation 2(1) provides definitions for the interpretation of the Interstate Road Transport Regulations 1986.

 

This item repeals the current definition of an administering authority and replaces it with a definition which includes the National Heavy Vehicle Regulator. The definition also simplifies the explanation of state and territory authorities to mean registration authorities for each jurisdiction.

 

Item [2] –Subregulation 2(1)

 

This item inserts a number of other definitions required to give effect to the Regulation.

The definition of approved insurer is transposed from regulation 6 to regulation 2(1) to improve the organisation of the Interstate Road Transport Regulations 1986.

A definition of the Heavy Vehicle National Law is inserted as it is the legislation under which the National Heavy Vehicle Regulator is established and under which instruments are currently made in participating jurisdictions.

 

A definition of the Ministerial Council is inserted for the purposes of item 3 and 4. This definition replaces outdated references to the Australian Transport Advisory Council.

 

The National Heavy Vehicle Regulator is defined by reference to its establishment under the Heavy Vehicle National Law.

A definition of participating jurisdictions is included for the purpose of defining the operation of the Heavy Vehicle National Law.

A single definition of relevant instrument is inserted into the Interstate Road Transport Regulations 1986. This definition defines relevant instruments as notices and permits for class 2 vehicles under the Heavy Vehicle National Law and as Higher Mass Limit notices and permits under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation  under subitems (a) through (d).
 

Subitem (e) retains references to former legislation to preserve instruments which are yet to be transitioned to national instruments in participating jurisdictions.
 

Subitem (f) retains references to other legislation currently in force under which an instrument may be made.

 

Legislation referenced in this Subregulation may be obtained through the legislation register of the corresponding jurisdiction.

 

Item [3] – Subregulation 3(1)

 

This item omits the reference in subregulation 3(1) to the Australian Transport Advisory Council and substitutes the Ministerial Council.

 

Item [4] – Subregulation 3(2)

 

This item also omits the reference in subregulation 3(2) to the Australian Transport Advisory Council and substitutes the Ministerial Council.

 

Item [5] – Regulation 6

 

This item repeals regulation 6, as the definition of an insurer has been moved to subregulation 2(1).

 

Item [6] – Subregulations 12C(8) and 12L(5)

 

This item repeals the current definition of a relevant instrument, which is now defined in subregulation 2(1).

 

Item [7] – Schedule 2

 

This item amends the Schedule of approved insurers to reflect changes to state legislation and bodies and to recognise the broadening of the category of approved insurers for some participating jurisdictions.

 

Item [8] – Schedule 4A

 

This item repeals the Schedule. Relevant instruments are now defined under subregulation 2(1).

 

 

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Interstate Road Transport Amendment Regulations 2014

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

 

Overview of the Legislative Instrument

Section 56 of the Interstate Road Transport Act 1985 (the Act) provides, in part, that the Governor-General may make regulations regulating the use and operation of registered motor vehicles

In accordance with section 56 of the Interstate Road Transport Act 1985, this Legislative Instrument makes amendments to the Interstate Road Transport Regulations 1986 to ensure that registered motor vehicles are compliant with the National Heavy Vehicle Law Act 2012 of the state of Queensland and as enacted in other jurisdictions.

 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

This material is provided to persons who have a role in Commonwealth legislation, policy and programs as general guidance only and is not to be relied upon as legal advice.  Commonwealth agencies subject to the Legal Services Directions 2005 requiring legal advice in relation to matters raised in connection with this template must seek that advice in accordance with the Directions.

Overview

The Interstate Road Transport Amendment (Heavy Vehicle National Law) Regulation 2014 was enacted to address the need for aligning the Interstate Road Transport Act 1985 with the new Heavy Vehicle National Law introduced in 2014. The regulation was issued by the Minister for Infrastructure and Regional Development and made under the Interstate Road Transport Act 1985, which allows the Governor-General to make regulations for the use and operation of registered motor vehicles. The Interstate Road Transport Regulations 1986 were amended to reflect changes in the legislative framework, ensuring that the operation of heavy vehicles on interstate routes complies with the new national law. This includes updating definitions, removing outdated references, and ensuring that the regulation remains clear and effective in its application. The regulation ensures compatibility with the National Heavy Vehicle Law, which was introduced to streamline and standardise heavy vehicle regulations across participating jurisdictions. It updates the Interstate Road Transport Regulations 1986 to reflect the new authority of the National Heavy Vehicle Regulator in issuing notices and permits for heavy vehicles. Additionally, it makes technical amendments to improve clarity and remove references to obsolete bodies, such as the Australian Transport Advisory Council, thereby future-proofing the regulation against changes in government administrative structures. This legislative instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Scope and Application

The Interstate Road Transport Amendment (Heavy Vehicle National Law) Regulation 2014 applies to the Interstate Road Transport Regulations 1986, which govern the registration and operation of heavy vehicles under the Interstate Road Transport Act 1985. These regulations apply to vehicles engaged in interstate carriage of passengers or goods, including those registered under the Federal Interstate Registration Scheme (FIRS). The regulation is designed to ensure compatibility with the Heavy Vehicle National Law, which was enacted in various participating jurisdictions such as New South Wales, Victoria, Queensland, South Australia, Tasmania, and the Australian Capital Territory, effective from 10 February 2014. The regulation alters the definition of 'relevant instrument' to encompass notices and permits issued by the National Heavy Vehicle Regulator under the National Law, while preserving any existing instruments made under former legislation that remain applicable in participating jurisdictions. Additionally, it incorporates instrument-making provisions that remain in force for Western Australia. The regulation also updates the list of approved insurers for the compulsory third-party insurance scheme and removes references to the Australian Transport Advisory Council, replacing them with references to the Ministerial Council to ensure the regulation's ongoing validity amidst potential changes in government machinery.

Key Provisions

The Interstate Road Transport Amendment (Heavy Vehicle National Law) Regulation 2014 amends the Interstate Road Transport Regulations 1986 (Principal Regulations) to align with the National Heavy Vehicle Law (National Law) established under the Heavy Vehicle National Law Act 2012 (Qld). The primary operative sections of this regulation involve the replacement and updating of definitions and provisions in the Principal Regulations to reflect the new national framework for heavy vehicle regulation. For instance, Schedule 1, Item [1] repeals the old definition of an administering authority and introduces a new definition that includes the National Heavy Vehicle Regulator. Similarly, Item [2] of Schedule 1 inserts new definitions, such as the 'Heavy Vehicle National Law' and 'National Heavy Vehicle Regulator', which are essential for interpreting the updated regulations. These amendments impose certain obligations and requirements on the parties governed by the Act. Firstly, they necessitate that state and territory road authorities, which administer the Federal Interstate Registration Scheme (FIRS) on behalf of the Commonwealth, align their practices with the new definitions and provisions. This includes ensuring that notices and permits for heavy vehicles are issued under the Heavy Vehicle National Law by the National Heavy Vehicle Regulator. Additionally, the regulation mandates that any instruments previously made under state and territory legislation continue to apply in participating jurisdictions until they are transitioned to national instruments. The regulation also updates the list of approved insurers under Schedule 2 to reflect current legislative changes and broaden the options for FIRS operators in some jurisdictions. Breaches of these regulations may lead to civil or administrative consequences. For example, operating a heavy vehicle without the required national instruments or failing to comply with the updated definitions and provisions could result in penalties. The regulation does not explicitly state specific penalties, but non-compliance with road transport regulations typically entails fines, vehicle impoundment, or suspension of operating licenses. Additionally, the National Heavy Vehicle Regulator has the authority to enforce the National Law, which may include issuing fines or other penalties for non-compliance with the national framework. Ensuring adherence to these updated regulations is crucial for maintaining the safety and efficiency of interstate road transport.

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