Commonwealth Numbered Regulations

INTERSTATE ROAD TRANSPORT AMENDMENT REGULATIONS 1999 (No. 1) 1999 No. 11 - SCHEDULE 1

Schedule 1 Amendments
(regulation 3)

(1) Regulation 1
substitute 1 Name of regulations
These regulations are the Interstate Road Transport Regulations 1986.

(2) Part II, Division 1, heading
substitute Division 1 Requirements for paragraphs 13 (1) (a) and (b) of the
Act

(3) After regulation 5B, in Part II, Division 1
insert 5C Exceeding speed limit

(1) For paragraph 13 (1) (b) of the Act, subregulation (2) applies if a letter
has been sent to the owner of a heavy goods vehicle or heavy omnibus under
subregulation (4).

(2) The owner must cause the vehicle or omnibus not to be driven at an
excessive speed more than twice in the period of 3 years starting on the day
of the incident for which the letter was sent. Note A Registration Authority
may, in accordance with the regulations, cancel or suspend the registration of
the vehicle or omnibus if the owner has not complied with subregulation (2) Ñ
see Act, s 11.

(3) This regulation does not affect a requirement of a State that a heavy
goods vehicle or heavy omnibus must not exceed a speed limit.

(4) The first time in any period of 3 years that a heavy goods vehicle or
heavy omnibus is driven at excessive speed, the relevant Registration
Authority may send to the owner of the vehicle or omnibus a letter that sets
out the effect of this regulation.

(5) The second time in any period of 3 years that a heavy goods vehicle or
heavy omnibus is driven at excessive speed, if a letter has been sent under
subregulation (4), the relevant Registration Authority may:

   (a)  for a speed-limited vehicle or omnibus Ñ require the owner of the
        vehicle or omnibus to demonstrate that it complies with Australian
        Design Rule 65/00; or

   (b)  for a non-speed-limited vehicle or omnibus Ñ require the owner of the
        vehicle or omnibus to modify it so that it complies with Australian
        Design Rule 65/00 as if the Design Rule applied to it.

(6) The third time in any period of 3 years that a non-speed-limited heavy
goods vehicle or heavy omnibus is driven at excessive speed, if a requirement
has been made under paragraph (5) (b), the relevant Registration Authority may
require the owner of the vehicle or omnibus to demonstrate that it complies
with Australian Design Rule 65/00 as if the Design Rule applied to it.

(7) In this regulation: excessive speed, for a heavy goods vehicle or heavy
omnibus, means a speed 15 km/h or more over the speed limit applying to it.
heavy goods vehicle and heavy omnibus have the meanings given by Determination
No. 1 of 1997 made under section 7 of the Motor Vehicle  Standards Act 1989
and gazetted on 24 April 1997, in force from time to time. non-speed-limited
vehicle or omnibus means a heavy goods vehicle or heavy omnibus to which
regulation 5A does not apply. speed-limited vehicle or omnibus means a heavy
goods vehicle or heavy omnibus to which regulation 5A applies.

(4) Regulation 14
substitute 14 Exemption from inspection

(1) For paragraph 13 (1) (b) of the Act, a motor vehicle or trailer is exempt
from inspection if paragraph 27 (a) applies.

(2) For paragraph 13 (1) (b) of the Act, a motor vehicle or trailer is exempt
from inspection for an application for renewal of registration if the person
mentioned in subregulation 13 (1):

   (a)  is accredited under an approved maintenance management compliance
        assurance scheme; and

   (b)  presents to the Registration Authority evidence of accreditation under
        the scheme when renewing registration; and

   (c)  has nominated the motor vehicle or trailer to be included in the
        scheme.

(3) Subregulation (2) does not apply to an inspection for an alteration or
modification of a registered motor vehicle or trailer.

(4) For paragraph (2) (a), the Minister may approve a maintenance management
compliance assurance scheme that:

   (a)  ensures that a person's motor vehicles or trailers are maintained in a
        safe and roadworthy condition that complies with these regulations;
        and

   (b)  has a procedure to be followed if the scheme is breached, including
        provision for penalties.

(5) An approval under subregulation (4) must be published in the Gazette.

(6) Application may be made to the Administrative Appeals Tribunal for review
of a decision of the Minister under subregulation (4).

(7) In subregulation (6): decision has the same meaning as in the
Administrative Appeals  Tribunal Act 1975 .