Commonwealth Numbered Regulations - Explanatory Statements

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INTERSTATE ROAD TRANSPORT REGULATIONS (AMENDMENT) 1995 NO. 151

STATUTORY RULES 1995 No. 151

Issued by the Authority of the Minister for 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 Act and the Interstate Road Transport Regulations (the Principal 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 amendments apply national heavy vehicle charges developed by the National Road Transport Commission to vehicles registered under FIRS.

Money collected from registration charges is paid to the states and Territories for expenditure on the maintenance and upkeep of roads that are used by vehicles; registered under FIRS.

The national charges replace registration charges previously detailed in the Interstate Road Transport Charge Regulations which are to be repealed (Minute No. 28 refers).

Details of the amending regulations are set out in the Attachment.

The Regulations commenced on 1 July 1995.

ATTACHMENT

INTERSTATE ROAD TRANSPORT REGULATIONS

DETAILS OF AMENDING REGULATIONS

REGULATION 1:

Made provision for the commencement of the amendments to the regulations on 1 July 1995.

REGULATION 2:

Provided for amendments to the Principal Regulations.

REGULATION 3:

Amended the definition of axle group in Regulation 2 (Interpretation) to include a single steer axle, a single axle group, twin-steer axle group and quad axle group.

Replaced definition of "single axle" with a definition of a "single axle group".

Also amended Regulation 2 by removing definitions of "compliance plate" which is now in the Act, "higher mass limit" which no longer has effect under the new charges schedule now included in the Interstate Road Transport Charge Act 1985 (the Charge Act), "prescribed axle group" which will no longer be used in the definition of a conforming vehicle, and "the Charges Regulations" which are to he repealed.

The definition of "conforming vehicle" is amended to each of the axles and axle groups.

The definition of "semi-trailer" is amended to include single axle group whose definition is added by the amendment regulations.

Also amended Regulation 2 by adding definitions for "quad axle group", "retractable axle", "the Charge Act" and "type".

Paragraph 2(3)(d) is amended to include a quad axle group.

PROPOSED REGULATION 4:

Amended subparagraph 5A(1) (a) (iii) to remove second occurring "and".

REGULATION 5:

Regulation 12B deals with the maximum permitted gross mass on the axle group of a vehicle. Regulation 5 removed paragraphs 12B(1)(c), (d) and (c) which made reference to axle load limits where a higher mass limit was nominated, where higher mass limit was not nominated, and where a suspension system was not load sharing. It also substituted new paragraph (c) which provides the maximum permitted gross mass for an axle group specified in the new Schedule 1B.

The amendment also replaced subregulation 125(2) which relates to the mass limit on a tyre with new subregulation (2) which is consistent with the Road Transport Reform (Mass and Loading) Regulations.

Also added new subregulations 12B(3) and (4) which relate to the axle load limits where a retractable axle is raised and in contact with the ground.

REGULATION 6:

Removed regulation 12C which related to vehicles registered or intending to register at the higher mass limit. The charges under the Charge Act no longer provide for a higher mass limit and the regulation has no effect.

REGULATION 7:

Removed regulation 12D which related to vehicles registered or intending to register at the higher mass limit. The charges under the Charge Act no longer provide for a higher mass limit and the regulation has no effect.

REGULATION 8:

Removed paragraph 12E(a) which refers to higher mass limit. The charges under the Charge Act no longer provide for a higher mass limit and the paragraph has no effect.

REGULATION 9:

Removed regulation 12F which related to vehicles registered or intending to register at the higher mass limit. The charges under the Charge Act no longer provide for a higher mass limit and the regulation has no effect.

REGULATION 10:

Removed regulation 12G which related to vehicles registered or intending to register at the higher mass limit. The charges under the Charge Act no longer provide for a higher mass limit and the regulation has no effect.

REGULATION 11:

Replaced paragraph 12H(1)(a) which related to maximum laden mass in respect of which registration is paid under the Charge Regulations. The charges are provided for in the Charge Act and the amendment provides for overloading where a vehicle of a type specified in the Charge Act exceeds in gross mass the Mass Rating for Charging (MRC) of the vehicle.

Also added at the end of regulation 12H a note that the definitions of "compliance plate" and "MRC" are contained in subsection 3(1) of the Act.

REGULATION 12:

Amended paragraph 12Q(a) to include a single axle group in relation to axle spacings for B-Doubles.

REGULATION 13:

Removed subregulation 13(3) which provided requirements for inspection of vehicles fitted with a charge monitoring device. The option to pay registration charge based on actual distance using a charge monitoring device has been removed from the Act, and this subregulation therefore has no effect.

REGULATION 14:

Amended subparagraph 21(2)(b)(i) to provide for motor vehicles to have either a V or an X as the second character in the registration number. Removed subparagraph (ii) which is covered in subparagraph (i).

Removed subparagraph (ba) which referred to a motor vehicle fitted with a charge monitoring device. The option to pay registration charge based on actual distance determined by a charge monitoring device has been removed from the Act and this subparagraph has no effect.

Amended paragraph (c) by removing the reference to paragraph (ba).

REGULATION 15:

Amended regulation 27 by adding paragraph (c) which will provide that a period expressed in months is a specified period for the purposes of paragraph 9(3) (b) of the Act.

REGULATION 16:

Included new regulation 29A to provide that the owner of a vehicle must not operate or allow a vehicle to be operated except as a vehicle type for which registration is paid under the Charge Act, or, for which registration is paid at the higher charge in accordance with section 5(2) of the Charge Act. The penalty for an offence against this regulation is 10 penalty units.

REGULATION 17:

Removed Part Ill in total. With the removal from the Act of the option to pay a registration charge based on actual distance, this Part has no effect.

REGULATION 18:

Removed paragraphs 48A(1) (a) and 48A(2) (a) which related to the fee for inspection of a charge monitoring device. with the removal from the Act of the option to pay registration based an actual distance, these paragraphs have no effect.

Also amended paragraphs (1) (b) and (2) (b) to remove reference to "in any other case" to reflect the removal of paragraphs (1)(a) and (2)(a).

REGULATION 19:

Removed regulation 49A which related to the payment of charge by instalments. The option to pay registration charge by instalments has been removed from the Act (formerly section 17A) and this regulation therefore has no effect.

REGULATION 20:

Amended paragraph 51A(1)(b) by replacing reference to the Charge Regulations which are to be repealed with a reference to the Charge Act.

Also amended paragraph 51A(2) (e) to include a single steer axle, a single axle group, a quad axle group and a close coupled axle group.

Amended subregulation 51A(4) and paragraph 51A(4)(a) by removing the reference to a vehicle registered to operate at the higher mass limit. The charges which form a part of the Charge Act do not provide for a higher mass limit.

REGULATION 21:

Replaced existing Schedule 1B with a new schedule 1B "Axle Load Limits". The new Schedule reflects national axle load limits developed by the NRTC and is consistent with those in the Road Transport Reform (Mass and Loading) Regulations.

REGULATION 22:

Removed Schedule 2 "Requirements for a charge monitoring device". The option for the payment of registration charges based on actual distance using a charge monitoring device has been removed from the Act and this Schedule therefore has no effect.