EXPLANATORY STATEMENT
STATUTORY RULES NO 144 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 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 under that subsection.
The Act was amended in 1989 on the recommendation of the Attorney-General’s Department to put beyond doubt the authority under the Act for Regulations relating to detection and treatment of overloaded vehicles. Some minor amendments to the Regulations are proposed to reflect the 1989 amendment to the Act.
Other amendments to Regulations provide for payment of registration charges by instalments, and ensure consistency between the Motor Vehicle Standards Act 1989 and the Interstate Road Transport Act 1985 by requiring vehicles to meet the motor vehicle standards in effect at the time the vehicle was introduced to the market for first registration under the Federal Interstate Registration Scheme, or where the vehicle was first registered under a State or Territory registration scheme and transferred to Federal registration, the vehicle is required to meet the standards in force at the time it was first registered under the State or Territory scheme.
Instalment Payments for Registration Charges
The Act, as amended by the Transport and Communications Legislation Amendment Act 1989, provides for instalment payments for Federal registration charges which were introduced by administrative arrangements with State and Territory Governments in August 1988. Instalment payments were introduced as part of the undertaking given in negotiating an end to the July 1988 truck blockades. Instalment payments aim to assist operators financially by allowing registration payments to be spread throughout the year.
Amendments to the Regulations are necessary to reflect recent amendments to the Act and to specify matters of detail relating to the operation of instalment payments for registration charges including the prescription of the maximum number of instalments and the day and amount of payment for each instalment.
Motor Vehicle Standards
The introduction of the Motor Vehicle Standards Act 1989 prescribes design and safety standards to apply to all vehicles new to the Australian market, including new vehicles registered under the Interstate Road Transport Act 1985.
As a requirement for the purposes of registration, the proposed Regulations require new vehicles registering under the Federal Interstate Registration Scheme to comply with the standards declared under the Motor Vehicle Standards Act 1989 for the first and subsequent registrations.
For vehicles currently registered under the Federal scheme or other State or Territory schemes that may transfer registration to the Federal scheme at a later stage, the Regulations require these vehicles to meet the motor vehicle standards in effect at the time the motor vehicle was originally introduced to the market.
Details of the amending Regulations are in the Attachment.
ATTACHMENT
EXPLANATORY STATEMENT
INTERSTATE ROAD TRANSPORT REGULATIONS
DETAILS OF AMENDING REGULATIONS
REGULATION 1 Cites the Principal Regulations.
REGULATION 2 Amends existing Regulation 2 by adding definition of a national standard.
REGULATION 3 Amends existing Regulation 5 by omitting reference to a registered motor vehicle or trailer and replacing it with the requirement that vehicles registered before 1 August 1989 by a State or Territory Registration Authority or under the Federal scheme comply with existing requirements for registration.
An addition to the Regulation requires new vehicles or trailers registering under the scheme, or where a vehicle or trailer has been modified or altered after 1 August 1989, to comply with the national motor vehicle standards declared under the Motor Vehicle Standards Act 1989 that are applicable to the vehicle at the time of its introduction to the market for its first and subsequent registrations under the scheme.
REGULATION 4 Repeals existing Regulation 121 and replaces it with a provision accommodating an amendment to section 13 of the Act putting beyond doubt the validity of police or inspectors’ powers to weigh a vehicle to determine whether it is overloaded.
REGULATION 5 Repeals existing Regulation 12K and replaces it with a provision reflecting amendments to section 13 of the Act which clarifies police and inspectors’ powers to require an overloaded vehicle to unload enough of its load to comply with the applicable mass limit.
REGULATION 6 Adds a provision enabling vehicles prescribed in Item 4 in the Schedule to the Interstate Road Transport Charge Regulations, to pay registration charges by instalment. A provision allows the Minister and Regulatory Authority to make an arrangement providing for instalments in other vehicle categories listed in the Schedule to the Interstate Road Transport Charge Regulations. It also specifies the maximum number of instalments that may be made, the day of payment and the amount of each instalment.
Overview
The Interstate Road Transport Regulations (Amendment) Statutory Rules No 144 of 1990 were enacted to amend the Interstate Road Transport Regulations under the Interstate Road Transport Act 1985. The Interstate Road Transport Act 1985 was introduced to provide a coordinated framework for the regulation of interstate road transport across Australia, and the accompanying regulations were designed to operationalise the Act by detailing specific requirements and procedures. The 1990 amendments were introduced by the Australian Parliament to address certain issues highlighted by the 1989 amendment to the Act, particularly the need to clarify the regulatory authority for detecting and treating overloaded vehicles and to ensure consistency with the Motor Vehicle Standards Act 1989. The policy objective of these amendments was to streamline and modernise the regulatory framework to better protect road safety and ensure compliance with national standards.
These amendments provided for the payment of registration charges by instalments, which was introduced to alleviate the financial burden on operators by allowing them to spread their registration payments throughout the year. This change was part of the broader agreement to end the truck blockades of July 1988. Additionally, the amendments required vehicles to comply with the motor vehicle standards in effect at the time they were first introduced to the market for registration, ensuring consistency between the Interstate Road Transport Act 1985 and the Motor Vehicle Standards Act 1989. These regulatory changes aimed to harmonise the standards and practices across different jurisdictions, thereby improving the safety and efficiency of interstate road transport in Australia.
Scope and Application
The Interstate Road Transport Regulations (Amendment) Statutory Rules No 144 of 1990, made under the Interstate Road Transport Act 1985, apply to all entities involved in interstate road transport within Australia. These regulations govern the detection and treatment of overloaded vehicles, the payment of registration charges by instalments, and the compliance of vehicles with motor vehicle standards. The geographic and jurisdictional reach of these regulations is national, applying to vehicles registered under the Federal Interstate Registration Scheme or under state or territory schemes that may transfer to the Federal scheme. The amendments introduced by the Regulations provide clarity on police and inspectors’ powers to weigh vehicles and require overloaded vehicles to unload to comply with mass limits. They also ensure that vehicles must meet national motor vehicle standards as declared under the Motor Vehicle Standards Act 1989. The regulations include provisions for the payment of registration charges in instalments, aiming to assist operators financially by allowing the spreading of registration payments throughout the year. The regulations do not explicitly state any exclusions or thresholds, but they do extend or restrict application through subordinate instruments to ensure consistency and compliance with the Interstate Road Transport Act 1985 and related legislation.
Key Provisions
The main operative sections of the Interstate Road Transport Regulations (Amendment) Statutory Rules 1990, as referenced in the Explanatory Statement, introduce changes to address several key areas in the Interstate Road Transport Act 1985. Regulation 2 introduces a new definition of a 'national standard', ensuring clarity and consistency in applying the standards prescribed under the Motor Vehicle Standards Act 1989. Regulation 3 updates existing requirements to ensure that vehicles registered before 1 August 1989, whether by a state or territory registration authority or under the Federal scheme, comply with existing registration requirements. Regulation 4 and Regulation 5 clarify and reinforce the powers of police and inspectors to weigh vehicles and require overloaded vehicles to unload part of their load, respectively. Regulation 6 introduces provisions for the payment of registration charges by instalment, providing flexibility for operators to spread these payments throughout the year.
These Regulations impose several obligations and requirements on the parties and entities they govern. Firstly, they ensure that all vehicles, whether newly registered or modified after 1 August 1989, must comply with the national motor vehicle standards declared under the Motor Vehicle Standards Act 1989. This includes vehicles that were first introduced to the market for their first and subsequent registrations under the scheme. Secondly, they clarify and reaffirm the authority of police and inspectors to weigh vehicles to determine if they are overloaded and to require overloaded vehicles to unload part of their load to comply with mass limits. Lastly, the Regulations allow for the payment of registration charges by instalment, spreading the financial burden of these charges throughout the year, thereby providing financial relief to operators.
The Interstate Road Transport Regulations (Amendment) Statutory Rules 1990 include provisions that establish consequences for non-compliance. Regulation 4 and Regulation 5, which clarify and reinforce the powers of police and inspectors, implicitly suggest that failure to comply with the requirements to unload overloaded vehicles could result in enforcement actions. While specific penalties are not detailed in the Explanatory Statement, the Act and the Regulations generally provide for fines and other sanctions for non-compliance with the provisions related to vehicle weights and standards. Additionally, failure to meet the motor vehicle standards or to make the required instalment payments for registration charges could result in penalties under the relevant Acts and Regulations. The maximum penalties for such offences would be consistent with those stipulated in the Interstate Road Transport Act 1985 and the Motor Vehicle Standards Act 1989, although the exact penalties are not specified in the Explanatory Statement.