Interstate Road Transport Regulations (Amendment) 1992 No. 350
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 350
Issued by the authority of the Minister for Land Transport
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 (the Regulations) are made under that subsection. The Act and the Regulations together set up the Federal Interstate Registration Scheme (FIRS) for interstate passenger and goods vehicles, and regulate the operation of vehicles registered under FIRS.
The Act was amended in 1991 by the Interstate Road Transport Amendment Act 1991 to provide for the registration and regulation of prime movers and trailers to be used as part of a B-double combination under FIRS.
The amending Regulations clarify operating requirements in relation to the distribution of the load in a B-double where anti-lock brakes have not been fitted. In addition, the amending Regulations make some minor drafting amendments.
Details of the amending Regulations are set out in the Attachment.
The amending Regulations commenced on the date of Gazettal.
ATTACHMENT
INTERSTATE ROAD TRANSPORT REGULATIONS
DETAILS OF REGULATIONS
REGULATION 1:
Cited the Interstate Road Transport Regulations as the Principal Regulations.
REGULATION 2:
Removed definition of "national standard". This corrects an error which resulted in there being 2 slightly different definitions of "national standard" in the Regulations.
REGULATION 3:
Minor drafting amendment of existing regulation 5A to ensure that there is consistency of expression in the regulation.
REGULATION 4:
minor drafting amendment of existing regulation 12A to remove the superfluous word "a".
REGULATION 5:
Existing regulation 120 specifies the height of a B-double. The amendment includes the load as well as the vehicle's equipment within the prescribed height of a B-double.
A further amendment clarifies the situation in relation to the loading of multi-deck stock crates.
REGULATION 6:
Replaced existing regulation 12ZA. Regulation 12ZA specifies the distribution of the load in a B-double. The regulation clarifies the minimum requirements for the distribution of the load in a Bdouble not fitted with anti-lock brakes.
Overview
The Interstate Road Transport Regulations (Amendment) 1992 No. 350 were enacted to amend the Interstate Road Transport Regulations, which operate under the Interstate Road Transport Act 1985. The Act and Regulations together establish the Federal Interstate Registration Scheme (FIRS) and regulate the interstate operation of passenger and goods vehicles registered under this scheme. The primary objective of these Regulations is to clarify the operating requirements for the distribution of the load in B-double combinations, specifically addressing instances where anti-lock brakes have not been fitted. The Regulations also include minor drafting amendments to correct inconsistencies and remove redundant language within the existing framework. These amendments were issued under the authority of the Minister for Land Transport and commenced on the date of gazette.
Scope and Application
The Interstate Road Transport Regulations (Amendment) 1992 No. 350 applies to all interstate road transport operators, including those who operate passenger and goods vehicles under the Federal Interstate Registration Scheme (FIRS). The Act and Regulations together regulate the operation of vehicles registered under FIRS, ensuring compliance with the interstate road transport framework. The Regulations primarily affect the transportation industry, focusing on the specifications and operational requirements for B-double combinations, particularly those not fitted with anti-lock brakes. The geographic reach of the Act and the Regulations is nationwide, as they pertain to interstate transport across state and territory borders in Australia. However, the specific provisions within the Regulations, such as those relating to load distribution in B-doubles, are designed to ensure safety and compliance on a national scale. Any exclusions or exemptions are not explicitly mentioned in the explanatory statement, but it is clear that the regulations are designed to maintain safety standards and operational consistency across the industry.
Key Provisions
The Interstate Road Transport Regulations (Amendment) 1992 No. 350 primarily targets the regulation of B-double combinations under the Federal Interstate Registration Scheme (FIRS). Regulation 5, for instance, specifies that the height of a B-double now includes the load as well as the vehicle's equipment, thereby providing a more comprehensive definition. Regulation 6 replaces existing regulation 12ZA, which specifies the distribution of the load in a B-double. This regulation clarifies the minimum requirements for the distribution of the load in a B-double not fitted with anti-lock brakes. These amendments are designed to ensure that vehicles meet certain safety and operational standards when travelling interstate.
The Interstate Road Transport Act 1985 and the accompanying Regulations impose several obligations on the parties involved. Operators of B-double combinations must adhere to the new height specifications that include the load and the vehicle's equipment (Regulation 5). Additionally, they must ensure that the load distribution in B-doubles not fitted with anti-lock brakes meets the minimum requirements specified in Regulation 6. These regulations aim to enhance safety and operational standards for interstate transport. The Regulations also require operators to ensure that their vehicles comply with the specified load distribution and height requirements to avoid non-compliance and potential penalties.
Failure to comply with the Interstate Road Transport Regulations can result in various consequences. While the specific penalties are not detailed within the explanatory statement, non-compliance generally leads to enforcement actions by the relevant authorities. Such actions may include fines, vehicle impoundment, or other administrative penalties. The exact penalties would depend on the nature and severity of the non-compliance and the jurisdiction's laws governing road transport. Operators must ensure that their vehicles meet all specified requirements to avoid these consequences and maintain their registration under the Federal Interstate Registration Scheme.
The Interstate Road Transport Regulations (Amendment) 1992 No. 350, alongside the Interstate Road Transport Act 1985, establish a comprehensive regulatory framework for interstate road transport. These regulations focus on ensuring that B-double combinations adhere to specific safety and operational standards, particularly concerning load distribution and vehicle height. By clarifying these requirements, the amendments aim to enhance the safety and efficiency of interstate transport. Operators must comply with these regulations to avoid penalties and maintain their eligibility to operate under the Federal Interstate Registration Scheme.