EXPLANATORY STATEMENT
Select Legislative Instrument No. 184, 2014
Issued by Authority of the Minister for Infrastructure and Regional Development
Interstate Road Transport Act 1985
Interstate Road Transport Amendment (Spray Suppression) 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 IRT Regulations) are made subject to this regulation making power. Regulation 12Y of the IRT Regulations required B-Double heavy vehicle combinations registered under FIRS to have spray suppression devices installed which comply with British Standard AU 200. (B-Double heavy vehicles are a particular configuration of vehicle components, which includes a prime mover, a lead (or A) trailer attached by a coupling, and a second trailer attached to the A trailer by a coupling). This requirement was intended to provide additional protection to other road users against the spray and debris thrown up by trucks; however there is no evidence that these devices provide any additional safety benefit beyond that achieved by conventional mudguards.
The Heavy Vehicle National Law Act 2012 (HVNL Act), which is in effect in all states and territories except WA and NT, does not require B-Doubles registered under state and territory laws to have spray suppression devices fitted. This decision was made following extensive consultation by the National Transport Commission (NTC) with the heavy vehicle industry during the drafting of the HVNL Act. The requirement for spray suppression has also been removed from the IRT Regulations to ensure consistency for B-Double operators across registration schemes. The removal of Regulation 12Y reduces compliance costs and red tape and mitigates the confusion experienced by B-Double operators.
Further details of the Regulation changes are outlined in the Attachment.
Comprehensive consultation with the heavy vehicle industry was undertaken by the NTC on the requirement to fit spray suppression devices for the Heavy Vehicle National Law Regulation Impact Statement in 2011 (OBPR ID 12134). The Australian Trucking Association (ATA) assisted the Commonwealth with calculating the regulatory costs of the spray suppression device requirement. In October 2014, the ATA agreed that the savings for FIRS B-Double operators, from the repeal of Regulation 12Y, are around $8.3 million per year.
The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
ATTACHMENT
Details of the Interstate Road Transport Amendment (Spray Suppression) Regulation 2014
Section 1 – Name of Regulation
This regulation provides that the name of the proposed Regulation is the Interstate Road Transport Amendment (Spray Suppression) Regulation 2014.
Section 2 – Commencement
This regulation provides for the proposed Regulation to commence on the day following registration.
Section 3 – Authority
This regulation provides that the Regulation be 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)
Subregulation 2(1) provides definitions for the interpretation of the Interstate Road Transport Regulations 1986.
This item repeals the definition of ‘British Standard’ which is referred to in Regulation 12Y as the standard that spray suppression devices must meet. With the repeal of Regulation 12Y, this definition is no longer required.
Item [2] – Regulation 12Y
Regulation 12Y required B-Double heavy vehicle combinations registered under the Federal Interstate Registration Scheme (FIRS) to be fitted with spray suppression devices to the specified British Standard.
Repeal of this regulation removes the requirement for B-Double operators registered under FIRS to install and maintain British Standard compliant spray suppression devices on their vehicles.
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.