Statutory Rules 1988 No. 1521

Interstate Road Transport Regulations2

(Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Interstate Road Transport Act 1985.

Dated 30 June 1988.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Peter Morris

Minister of State for Transport

and Communications Support

Commencement

1. These Regulations commence on 1 July 1988.

Principal Regulations

2. In these Regulations, “Principal Regulations” means the Interstate Road Transport Regulations.

Interpretation

3. Regulation 2 of the Principal Regulations is amended:

(S.R. 181/88)—Cat. No. 15/20.6.1988

with the vehicle having no other axle group and no retractable axle;

(a) a single axle group towards the front of the vehicle with all wheels on the axle group connected to the steering mechanism for that part of the trailer; and

(b) a single axle group towards the rear of the vehicle;

with the vehicle having no other axle group and no retractable axle; and

Australian Design Rules

4. Regulation 3 of the Principal Regulations is amended by omitting from subregulation (1) “, being such a publication as existing at the commencement of these Regulations”.

Requirements in respect of motor vehicles and trailers

5. Regulation 5 of the Principal Regulations is amended by omitting paragraph (a) and substituting the following paragraph:

6. After Division 2 of Part II of the Principal Regulations the following Division is inserted:

“Division 2A—Vehicle mass limits

Permitted gross mass limits

“12a. (1) The maximum permitted gross mass of a vehicle is the gross mass of that vehicle determined by whichever of the following methods produces the least gross mass:

maximum permitted gross mass specified in Column 3 in that item in that Schedule.

“(2) Notwithstanding subregulation (1), the gross mass of a trailer, other than a semi-trailer, shall not exceed the gross mass of the motor vehicle drawing it.

Axle loads

“12b. (1) The maximum permitted gross mass on an axle group of a vehicle is the least of:

“(2) The mass limit on a tyre of a vehicle is the lesser of:

(i) a wide tyre on a non-steering single axle—3.35 tonnes; or

(ii) any other tyre—3 tonnes.

Operation of vehicle at higher mass limit

“12c. (1) A motor vehicle in respect of which more than one rate of charge is provided under the Charge Regulations shall not be operated at the higher mass limit in respect of that vehicle unless it is registered in respect of that limit.

“(2) If a motor vehicle is to be operated at the higher mass limit, the owner shall apply for registration in respect of that limit in accordance with the approved form under section 9 of the Act.

“(3) A trailer, other than a trailer with a single axle group that is not a semi-trailer, may be operated in combination with a motor vehicle at the higher mass limit where the registration charge in respect of that limit has been paid in respect of that motor vehicle.

Certain vehicles not to operate at higher mass limit

“12d. Nothing in these Regulations shall operate to authorise:

False statement of gross vehicle mass

“12e. Where, in an application made in accordance with the approved form under section 9 of the Act, the owner of a motor vehicle knowingly or recklessly makes a false or misleading statement to the effect that the vehicle:

(a) when being operated at the higher mass limits; and

(b) in conjunction with any trailer that may be drawn by the vehicle; is being operated within the manufacturer’s gross vehicle mass or gross combination mass, the owner is guilty of an offence.

Registration Authority may request documentation

“12f. A Registration Authority may request from the owner of a vehicle any relevant documentation to support the owner’s application referred to in subregulation 12c (2).

Inspection of vehicles—mass limits

“12g. (1) A Registration Authority may, after receiving an application referred to in subregulation 12c (2) in respect of a vehicle, by notice in writing, require the owner of the vehicle to produce the vehicle, for inspection to ensure that the vehicle is capable of being operated at the higher mass limit in respect of the vehicle.

“(2) The owner of a vehicle who receives a notice under subregulation (1) shall comply with the notice.

Penalty: $500.

“(3) Nothing in this regulation is to be taken as permitting a Registration Authority to require the inspection of any vehicle outside regular business hours.

Overloaded vehicle

“12h. (1) For the purposes of this regulation, an overloaded vehicle is a vehicle that:

“(2) Each person who is the owner or driver of an overloaded vehicle is guilty of an offence.

Penalty: $3,000.

“(3) A person shall be prosecuted for an offence under subregulation (2) only with the consent of the Minister or the Registration Authority in the State or Territory in which the offence occurred.

Weighing vehicles for the purposes of section 44 of the Act

“121. (1) For the purposes of paragraphs 13 (aa) and 44 (1) (d) of the Act, a police officer or an inspector may direct the driver of a motor vehicle or trailer to cause the motor vehicle or trailer to be driven or towed to a weighing station for the purposes of weighing the motor vehicle or trailer there to establish whether it is overloaded.

“(2) For the purposes of paragraphs 13 (aa) and 44 (1) (d) of the Act, where:

the driver on that road of a motor vehicle or trailer that has a gross mass exceeding 4.5 tonnes shall obey any directions on that sign that are applicable in respect of the motor vehicle or trailer he or she is driving.

“(3) The driver of a motor vehicle or trailer shall not without reasonable excuse refuse to comply with a direction under subregulation (1) or a direction referred to in subregulation (2).

Penalty: $3,000.

“(4) A direction under subregulation (1) or a direction referred to in subregulation (2) shall not require the driver of a motor vehicle or trailer to cause the motor vehicle or trailer to be driven or towed to a place that is more than 5 kilometres distant from the point that is closest to that place on the shortest practicable route to the ultimate destination of that motor vehicle or trailer.

Weighing vehicles—procedure

“12j. Where, under the Act or these Regulations, a vehicle is to be weighed in a State or Territory, the vehicle may be weighed in accordance with the law in force in that State or Territory at the time that the vehicle is, or is to be, so weighed.

Unloading overloaded vehicles

“12k. (1) A police officer or an inspector may, by notice in writing, direct the driver of an overloaded motor vehicle or trailer to unload enough of the load of the motor vehicle or trailer to ensure that the motor vehicle or trailer complies with the mass limits applicable to it under these Regulations.

“(2) The driver of the motor vehicle or trailer shall comply with a notice under subregulation (1).

Penalty: $2,000.

“(3) For the purposes of subregulation (1), a police officer or an inspector may, in the notice, direct the driver of the motor vehicle or trailer, before he or she complies with that subregulation, to cause the motor vehicle or trailer to be driven or towed to a place that is, in the opinion of the police officer or inspector, the nearest place of safety.”.

Inspection in contemplation of registration

7. Regulation 13 of the Principal Regulations is amended:

“(2a) Nothing in subregulation (2) shall prevent information obtained in the course of an inspection referred to in subregulation (1) from being used as evidence in a prosecution for an offence under the Act or these Regulations.”;

8. After regulation 18 of the Principal Regulations the following regulation is inserted:

Damage to, and loss etc. of, registration certificate

“18a. (1) Where the relevant Registration Authority in relation to a registered motor vehicle or trailer is satisfied that the registration certificate relating to the current registration of the motor vehicle or trailer has been so damaged or defaced that particulars on the certificate are not clearly visible, the Registration Authority shall request the owner of the motor

vehicle or trailer to return the registration certificate and shall issue another registration certificate in respect of the motor vehicle or trailer.

“(2) Where a registration certificate issued in respect of a registered motor vehicle or trailer has been lost, stolen or destroyed:

“(3) A notice for the purposes of subregulation (2) shall:

Registration plate

9. Regulation 21 of the Principal Regulations is amended:

10. After regulation 23 of the Principal Regulations the following regulations are inserted:

Cancellation or suspension of registration

“23a. (1) Where a Registration Authority cancels, or suspends, under section 11 of the Act or subregulation (2), the registration of a motor vehicle or trailer, the Registration Authority shall do so by notice in writing forwarded to the owner of the motor vehicle or trailer.

“(2) Where an amount payable under paragraph 9 (1) (a) or (b) or 9 (3) (b) of the Act and accompanying an application for registration under section 9 of the Act of a motor vehicle or trailer is paid by cheque and the cheque is dishonoured when duly presented for payment, the relevant Registration Authority:

Return of certificates of registration and registration labels on cancellation of registration

“23b. (1) Where the registration of a motor vehicle or trailer is cancelled, the owner of the motor vehicle or trailer shall, except where the registration certificate has been stolen, lost or destroyed, not later than 14 days after the day on which the registration is cancelled, return to the Registration Authority that cancelled the registration the certificate of registration issued in respect of the motor vehicle or trailer.

Penalty: $500.

“(2) Where the registration of a motor vehicle or trailer is cancelled, the owner of the motor vehicle or trailer shall, except where the registration label has been stolen, lost or destroyed, not later than 14 days after the day on which the registration is cancelled, return to the Registration Authority that cancelled the registration the registration label issued in respect of the motor vehicle or trailer.

Penalty: $500.”.

Offences in relation to registration label etc.

11. Regulation 26 of the Principal Regulations is amended by inserting in subregulation (5) “or her” after “his”.

12. After regulation 48 the following regulation is inserted in Part IV:

Fees

“48a. (1) Subject to subregulation (3), where a Regulatory Authority in respect of a State or Territory performs a function in or in connection with the registration under the Act of a motor vehicle or trailer and that Authority performs an equivalent function in or in connection with the registration under a law of the State or Territory of motor vehicles or trailers, there shall be charged in respect of the performance of that function in or in connection with the registration under the Act of a motor vehicle or trailer:

“(2) Subject to subregulation (3), where a Regulatory Authority in respect of a State or Territory performs a function in or in connection with the registration under the Act of a motor vehicle or trailer, and that Authority does not perform an equivalent function in or in connection with the registration under a law of the State or Territory of motor vehicles or trailers, there shall be charged in respect of the performance of that function in or in connection with the registration under the Act of a motor vehicle or trailer:

“(3) Nothing in this regulation applies in respect of the performance of a function in respect of which a fee is prescribed for the purposes of paragraph 9 (1) (a), subparagraph 9 (3) (b) (ii) or subsection 12 (2) of the Act.

“(4) Where a fee provided for under subregulation (1) or (2) would, but for this subregulation, exceed $100, that fee shall be $100.”.

13. After regulation 51 of the Principal Regulations the following regulations are inserted:

Certificate evidence

“51a. (1) In proceedings under the Act or these Regulations, a certificate signed by or on behalf of a Registration Authority:

is, in the absence of evidence to the contrary, conclusive proof of the matters so set out or stated.

“(2) In proceedings under the Act or these Regulations, a certificate signed by or on behalf of a Registration Authority and stating, in relation to a vehicle at a particular time:

is, in the absence of evidence to the contrary, conclusive proof of the matters so stated.

“(3) If, in proceedings under the Act or these Regulations, a certificate or notice purporting to be signed by a Registration Authority, or by a person authorised by these Regulations or a Registration Authority to sign the certificate or notice, is tendered in evidence, the certificate is, in the absence of evidence to the contrary, conclusive proof that it was so signed.

“(4) In proceedings under the Act or these Regulations, a certificate of registration within the meaning of regulation 16 in respect of a vehicle setting out the maximum permitted gross mass in respect of that vehicle, or that the vehicle is registered to operate at the higher mass limit in respect of the vehicle, as the case may be, is, in the absence of evidence to the contrary, conclusive proof that:

“(5) In proceedings under the Act or these Regulations, a notice, certificate or other document issued under the Act or these Regulations stating:

is, in the absence of evidence to the contrary, conclusive proof of the matters so stated.

“(6) In proceedings under the Act or these Regulations, a certificate signed by or on behalf of a Registration Authority and stating:

“(7) In proceedings under the Act or these Regulations, a certificate, or a statement in an approved form under the Act, signed by a police officer or an inspector and stating the gross mass in respect of a vehicle, or the gross mass on an axle group in respect of a vehicle, is, in the absence of evidence to the contrary, conclusive proof of the matters so stated.”.

Smoking in buses

“51b. (1) A person shall not fail to comply with a notice under subregulation (2).

Penalty: $500.

“(2) The owner of a bus registered under the Act shall cause a notice indicating that smoking is prohibited in the bus to be displayed in the bus at all times while passengers are on board.

Penalty: $500.

“(3) A notice required under this regulation to be displayed in a bus:

Schedule 1

14. Schedule 1 to the Principal Regulations is amended by omitting item 1.

Schedules 1a and 1b

15. After Schedule 1 to the Principal Regulations the following Schedules are inserted:

SCHEDULE 1a Regulation 12a

AXLE SPACING

SCHEDULE 1b Subregulation 12b (1)

AXLE GROUP TABLE

Schedule 4

16. Schedule 4 to the Principal Regulations is repealed and the following Schedule substituted:

SCHEDULE 4 Subregulations 49 (1) and (2)

FEES AND MAXIMUM FEES FOR PURPOSES OF PARAGRAPHS 3 (10) (a)

AND 3 (10) (b) OF THE ACT

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 June 1988.

2. Statutory Rules 1986 No. 291 as amended by 1986 No. 386; 1987 No. 141.

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