EXPLANATORY STATEMENT
STATUTORY RULES No 152 of 1988
Issued by the Authority of the Minister for
Transport and Communications Support
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, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act. The Interstate Road Transport Regulations are made pursuant to that sub-section.
The existing Regulations have been amended to reflect recent amendments to the Act as well implementing a number of minor amendments to the operation of the Federal Interstate Registration Scheme (FIRS) which is provided for under the Act.
The amendments to the Regulations fall into two categories
• to provide for the registration of vehicle in specific vehicle mass limit categories under FIRS
• administrative amendments associated with the operation of FIRS which were identified in a review of the Scheme in 1987.
Details of the amending regulations are set out in the attachment.
Vehicle Mass Limits
FIRS vehicles currently may load to the mass limit prescribed by the laws of the State or Territory in which they are operating. As a result mass limits vary from State to State.
The amendments to FIRS provide for registration charges to be paid on the basis of the nominated vehicle mass category (see Amendments to Charge regulations). In some cases, these exceed current State limits and it is therefore necessary for mass limits to be prescribed under the Commonwealth legislation. The Federal mass limits will for the first time provide nationally uniform limits for FIRS vehicles.
Associated with the prescription of vehicle mass limits is the need for provisions to enable their enforcement. The proposed enforcement provisions are based on those currently applied by the States.
Administrative Aspects
The need for various administrative amendments was identified following the completion of a review of the operation of FIRS in 1987. The amendments are aimed at streamlining the operation of FIRS and have the agreement of State and Territory Governments and the road transport industry.
All amending Regulations will take effect on 1 July 1988.
Interstate Road Transport Regulations:
Details of Amending Regulations
Regulation 1 : All amendments take effect on 1 July 1988.
Regulation 2 : The Principal Regulations for the purposes of these amendments are the Interstate Road Transport Regulations.
Regulation 3 : Defines terms necessary for the registration of vehicles in specific mass limit categories.
Regulation 4 : Allows the incorporation of any amendments to the Australian Design Rules to be taken into account under the Regulations without further amendments to the Regulations.
Regulation 5 : Provides for the registration of vehicles which have a plate affixed in accordance with the approval of the Australian Motor Vehicle Certification Board.
Regulation 6 : Inserts a new Division relating to vehicle mass limits. This Division provides
- method of determining a vehicle’s permitted gross mass limit and permitted axle loads (12A & 12B)
- requirements to operate a vehicle at higher mass limits (12C)
- certain vehicles are not permitted to operate at higher mass limits (12D)
- false statement relating to information provided in determining whether a vehicle may operate at higher mass limits (12E)
- method of determining whether a vehicle may operate at higher mass limits (12F and 12G)
- determination of an overloaded vehicle and associated fines for the operation of an overloaded vehicle (12H)
- the weighing of vehicles and the procedures to be followed (121 and 12J)
- the unloading of overloaded vehicles (12K).
Regulation 7 : Clarifies that any information gained during the inspection of a vehicle may be used as evidence in a prosecution for an offence under the Act or Regulations.
Regulation 8 : Allows a Registration Authority to issue a replacement registration certificate when a certificate has been lost, stolen, destroyed, damaged or defaced.
Regulation 9 : Provides for vehicles fitted with charge monitoring devices to be issued with number plates ending in ‘M’ or ‘N’, while vehicles operating at higher mass limits are issued with number plates the second letter of which is ‘X’.
Regulation 10 : Outlines the procedures to be followed by a Registration Authority when cancelling or suspending the registration of a vehicle.
Regulation 11 : Corrects a drafting anomaly of gender contained within the original Regulations.
Regulation 12 : Clarifies functions for which Registration Authorities may levy fees. The level of fees imposed is still not to exceed $100.
Regulation 13 : Includes a number of evidentiary provisions for prosecution of offences against the regulations (51A). Also introduces a ban on smoking on buses registered under the Act; provides fines for smoking on these buses and requires vehicle owners to place notices prohibiting smoking in buses (51B).
Regulation 14 : Amends the Schedule of approved insurers to take account of the introduction of Transcover accident compensation in NSW.
Regulation 15 : Incorporates axle spacing and axle load tables for the purposes of determining a vehicles maximum permitted gross mass or whether a vehicle is overloaded.
Regulation 16 : Amends Schedule 4 to take account of new arrangements in Regulation 12.