EXPLANATORY STATEMENT
STATUTORY RULES NO. 435 OF 1990
Issued By The Authority Of The Minister Of State For Land Transport
Subject - Interstate Road Transport Act 1985
Interstate Road Transport Regulations (Amendment)
Subsection 56(1) of the Interstate Road Transport Act 1985 (the Act) provides that the Governor-General may make regulations for the purposes of the Act. The Interstate Road Transport Regulations are made under that subsection.
The proposed Regulation applies from the date of renewal of registration after 31 December 1990 to buses that exceed 14.5 tonnes Gross Vehicle Mass and heavy vehicles that exceed 20 tonnes Gross Vehicle Mass that were manufactured after 31 December 1987. The regulation will also apply from the date of renewal of registration after 31 December 1991 to heavy vehicles that exceed 15 tonnes Gross Vehicle Mass that were constructed after 31 December 1987.
Proposed new regulation 5A adds a provision requiring the vehicles specified to comply with the national standard, or an Australian Design Rule, in respect of the limiting of the maximum road speed capability of vehicles.
Where a national standard or Australian Design Rule does not apply to the vehicle, a provision provides that the maximum road speed capability of the vehicle must not exceed 100 kilometres per hour.
Proposed new regulation 5B adds a provision providing a $500 penalty where a person knowingly or recklessly tampers with or modifies a relevant vehicle such that the road speed capability will exceed 100 kilometres per hour.
Overview
The Interstate Road Transport Act 1985 was enacted to regulate the interstate road transport of goods and passenger vehicles across Australia, aiming to address safety concerns and standardisation issues in the industry. The Act empowers the Governor-General to make regulations to ensure the safety and efficiency of interstate road transport, including setting standards for vehicle capabilities and imposing penalties for non-compliance. This legislative framework was designed to provide a cohesive regulatory environment across states and territories. The Interstate Road Transport Regulations (Amendment) introduced in 1990 by the Minister of State for Land Transport under the authority of the Act, seeks to address safety concerns related to vehicle speed capabilities, particularly for larger vehicles manufactured or constructed after 1987. The policy objective of these amendments is to mandate compliance with national standards or Australian Design Rules for limiting the maximum road speed capability of specified heavy vehicles, ensuring that such vehicles do not exceed a speed of 100 kilometres per hour unless otherwise regulated, thereby enhancing road safety.
Scope and Application
The Interstate Road Transport Regulations (Amendment) Statutory Rules No. 435 of 1990, issued under the authority of the Minister for State for Land Transport, pertains to the Interstate Road Transport Act 1985. The amendment applies to buses exceeding 14.5 tonnes Gross Vehicle Mass and heavy vehicles exceeding 20 tonnes Gross Vehicle Mass, provided they were manufactured after 31 December 1987. Additionally, the regulation extends to heavy vehicles exceeding 15 tonnes Gross Vehicle Mass constructed post 31 December 1987, applying from their date of registration renewal after 31 December 1991. The regulation mandates compliance with national standards or Australian Design Rules for limiting the maximum road speed capability of specified vehicles. In cases where no applicable standard or rule exists, the regulation stipulates that the maximum road speed capability must not exceed 100 kilometres per hour. Furthermore, it imposes a $500 penalty for any individual who knowingly or recklessly tampers with or modifies a relevant vehicle in a manner that allows the road speed capability to exceed 100 kilometres per hour.
Key Provisions
The main operative sections of the Interstate Road Transport Regulations (Amendment) (No. 435 of 1990) introduce new regulations that address the maximum road speed capability of certain heavy vehicles. Specifically, Regulation 5A mandates that buses exceeding 14.5 tonnes Gross Vehicle Mass and heavy vehicles exceeding 20 tonnes Gross Vehicle Mass, manufactured after 31 December 1987, must comply with the national standard or an Australian Design Rule for limiting maximum road speed capability (reg. 5A(1)). For heavy vehicles exceeding 15 tonnes Gross Vehicle Mass constructed after 31 December 1987, the same requirement applies from the renewal of registration after 31 December 1991 (reg. 5A(2)). If no national standard or Australian Design Rule applies, the maximum road speed capability of these vehicles must not exceed 100 kilometres per hour (reg. 5A(3)). Regulation 5B imposes a financial penalty for tampering or modifying a vehicle in a way that exceeds the specified speed limit (reg. 5B(1)).
The Interstate Road Transport Regulations (Amendment) imposes specific obligations on vehicle owners and operators. For vehicles covered by Regulation 5A, compliance with either a national standard or an Australian Design Rule is mandatory. If no applicable standard or rule exists, the vehicles must adhere to a maximum road speed of 100 kilometres per hour. Additionally, under Regulation 5B, individuals are required to ensure that no tampering or modifications are made to the vehicle that would result in exceeding this speed limit. Failure to comply with these regulations can result in severe consequences, including financial penalties.
In terms of offences and penalties, Regulation 5B outlines a penalty of $500 for any person who knowingly or recklessly tampers with or modifies a vehicle in a way that exceeds the maximum road speed capability of 100 kilometres per hour (reg. 5B(1)). This penalty is a direct response to any intentional or negligent actions that compromise vehicle safety and compliance with the regulations. While the maximum penalty is clearly specified as $500, it is important to note that further legal action or penalties could apply in more severe cases or under additional legal frameworks.