EXPLANATORY STATEMENT

 

Select Legislative Instrument 2006 No. 357

 

Issued by the Authority of the Minister for Transport and Regional Services

 

Interstate Road Transport Act 1985

 

Interstate Road Transport Amendment Regulations 2006 (No. 3)

 

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, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Paragraph 56(2)(a) of the Act provides for the making of regulations for the operation of registered motor vehicles and trailers and prescribing operating standards (including mass limits). Section 12A and paragraphs 12B(2)(a) and 13(1)(aa) of the Act provide for mass limits of registered motor vehicles and B-doubles, and a requirement for these vehicles to comply with such mass limits as are specified in the regulations. A B-double is a prime mover with two attached trailers.

The amended Regulations implement an agreed national position, approved by Australian Transport Council Ministers on 13 October 2006, to increase the permitted mass over a single steer axle of heavy vehicles from 6 tonnes to 6.5 tonnes for vehicles complying with new safety and environmental conditions.

Regulations dealing with mass limits for Federal Interstate Registration Scheme (FIRS) vehicles are prescribed in Division 2A of the Interstate Road Transport Regulations 1986
(the Principal Regulations). FIRS vehicles are heavy vehicles (over 4.5 tonnes) engaged solely in interstate trade. The Act and the Principal Regulations provide for their operation. The amended Regulations ensure that FIRS vehicles can operate at the same increased mass from 1 January 2007 as is permitted for state and territory registered vehicles.

The Regulations also compensate vehicle operators for the potential productivity cost of complying with the new safety and environment regulations – such that the weight of the new environmental and safety equipment need not reduce the payload. The additional steer axle mass does not alter the mass limits for other axles but results in an increase in the Gross Mass of the vehicle of 500kg. Buses and twin steer axle vehicles are excluded from the additional mass entitlement.

Extensive public consultation facilitated by the National Transport Commission was undertaken on this reform with the states and territories, industry and the general public through the release of discussion papers and a Regulatory Impact Statement.

Details of the Regulations are set out in the Attachment.

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Regulations commence on 1 January 2007.

 

 

ATTACHMENT

Details of the Interstate Road Transport Amendment Regulations 2006 (No. 3)

Regulation 1 – Name of Regulations

This Regulation provides that the title of the Regulations is the Interstate Road Transport Amendment Regulations 2006 (No. 3).

Regulation 2 – Commencement

This Regulation provides for the Regulations to commence on 1 January 2007.

Regulation 3 – Amendment of Interstate Road Transport Regulations 1986

This Regulation provides that the Interstate Road Transport Regulations 1986 (the Principal Regulations) are amended as set out in Schedule 1.

Schedule 1 Amendments

Item [1] – Regulation 2, after the definition of type

This item inserts a definition for the ‘UN ECE Agreement’ which is the United Nations Economic Commission for Europe Agreement which relevantly prescribes the standards for front underrun protective devices and cabin strength.

Item [2] – After subregulation 12B(1)

This item inserts a note to explain that new regulation 12BAA provides for an optional variable permitted gross mass on a single steer axle for vehicles with a gross mass of 15 tonnes or more.

Item [3] – After regulation 12B

This item inserts a new provision that delivers, in addition to the maximum permitted mass for a single steer axle (6 tonnes) provided for under regulation 12B, an extra 500kg for vehicles complying with new safety and environmental conditions.

Subregulation 12BAA(1) specifies certain conditions for vehicles to operate at the maximum permitted single steer axle mass of 6.5 tonnes. It includes compliance requirements to Australian Design Rules emission control requirements and UN ECE heavy vehicle safety standards for front underrun protective devices and increased cabin strength. It further articulates the requirement for an operator to demonstrate compliance to these conditions as determined by any state or territory in which the vehicle operates and that the permitted steer axle mass for a vehicle or combination does not exceed the manufacturer’s mass limit ratings.

The Note gives clarity to paragraph 12BAA(1)(f) by providing an example for demonstration of the operational conditions for the additional permitted mass of 500kg.

Subregulation 12BAA(2) articulates that the additional permitted mass of 500kg is not applicable to vehicles with a gross vehicle mass less than 15 tonnes, buses or vehicles with a twin steer axle group.

Item [4] – Subregulation 12P(4) – definition of UN ECE Agreement

This item is a consequential amendment resulting from the inclusion of this definition by
item [1].