Interstate Road Transport Amendment Regulations 1999 (No. 2)
Statutory Rules 1999 No. 133
I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations under the Interstate Road Transport Act 1985.
Dated 29 June 1999.
WILLIAM DEANE
Governor-General
By His Excellency’s Command,
JOHN ANDERSON
Minister for Transport and Regional Services

Interstate Road Transport Amendment Regulations 1999 (No. 2)1
Statutory Rules 1999 No. 1332
made under the
Interstate Road Transport Act 1985

Contents
	Page
	1	Name of regulations	2
	2	Commencement	2
	3	Amendment of Interstate Road Transport Regulations 1986	2
Schedule 1	Amendments	3
Part 1	Amendments	3
Part 2	Additional amendments	17

1	Name of regulations
		These regulations are the Interstate Road Transport Amendment Regulations 1999 (No. 2).
2	Commencement
		These regulations commence as follows:
	(a)	on gazettal — regulations 1, 2 and 3 and Part 1 of Schedule 1;
	(b)	immediately after the commencement of Part 1 of Schedule 1 — Part 2 of Schedule 1.
3	Amendment of Interstate Road Transport Regulations 1986
		Schedule 1 amends the Interstate Road Transport Regulations 1986.

Schedule 1	Amendments
(regulation 3)
Part 1	Amendments
[1]	Subregulation 2 (1), after definition of Administrator
insert
air suspension system, for an axle group of a motor vehicle, means a suspension system in which:
	(a)	vertical movement between each axle in the axle group and the body of the vehicle is controlled by variations in the pressure of air in an air spring; and
	(b)	the proportion of the vehicle’s mass that is borne by each air spring remains substantially constant despite variations in the pressure of the air in the air spring.
[2]	Subregulation 2 (1), after definition of gross vehicle mass
insert
higher mass limit vehicle means a motor vehicle that has a maximum permitted gross mass of, and is carrying, more than:
	(a)	the maximum permitted laden mass mentioned in column 3 of Schedule 3 for the vehicle’s axle spacing; or
	(b)	for an axle group of the vehicle — the axle load limit mentioned in column 3 of Schedule 4.
[3]	Subregulation 2 (1), after definition of load sharing
insert
long combination vehicle means:
	(a)	a rigid truck or prime mover hauling 2 or more trailers; and
	(b)	does not include a B-double.
manufacturer’s rating means:
	(a)	for a rigid motor vehicle — the gross vehicle mass specified for the vehicle by the manufacturer of the vehicle; and
	(b)	for an articulated motor vehicle — the gross combination mass specified for the vehicle by the manufacturer of the vehicle; and
	(c)	for a trailer — the gross vehicle mass specified for the trailer by the manufacturer of the trailer. 
mass management compliance assurance scheme has the meaning given by regulation 3A.
[4]	Subregulation 2 (1), after definition of retractable axle
insert
road friendly suspension has the meaning given by regulation 3B.
[5]	Subregulation 2 (1), after definition of semi-trailer
insert
severe risk overloading, for a motor vehicle or a trailer, means overloading by at least:
	(a)	20% over the maximum permitted gross mass for the motor vehicle or trailer; or
	(b)	20% over the maximum permitted gross mass on 1 or more axle groups of the motor vehicle or trailer.
[6]	Part 1, after regulation 3
insert
3A	Mass management compliance assurance schemes
		The Minister may determine, by notice published in the Gazette, that a scheme is a mass management compliance assurance scheme if it is consistent 
with Alternative Compliance: National Policy, 
ISBN 0 642 54404 2, published by the National Road Transport Commission.
3B	Road friendly suspension
	(1)	A motor vehicle has road friendly suspension if it complies with subregulation (2) or (3).
	(2)	A motor vehicle with a date of manufacture, as shown on its compliance plate, before 1 January 2000 or a motor vehicle not required by the Motor Vehicle Standards Act 1989 to be fitted with a compliance plate:
	(a)	must have at least 1 axle group that has:
	(i)	an air suspension system; and
	(ii)	dual tyres supporting each axle other than a steer axle or a 6-wheeled tandem axle group in which 1 of the 2 axles is fitted with dual tyres; and
	(iii)	functioning dampers incorporated on each axle; and
	(iv)	if it is a multi-axle group — a static load on each axle that is within 5% of its nominal share of the total load on the multi-axle group; and
	(b)	if it has a new suspension system fitted on or after 1 January 2000 — must have a suspension type that is certified by a certifier to comply with the certification performance standard.
	(3)	For a motor vehicle with a date of manufacture, as shown on its compliance plate, on or after 1 January 2000, at least 1 axle group:
	(a)	must have a suspension type that is certified by a certifier to comply with the certification performance standard; and
	(b)	must have dual tyres supporting each axle other than:
	(i)	a steer axle; or
	(ii)	a 6-wheeled tandem axle group in which 
1 of the 2 axles is fitted with dual tyres.
	(4)	For paragraphs (2) (b) and (3) (a):
	(a)	the Minister may appoint a certifier by notice published in the Gazette; and
	(b)	the certification performance standard is set out in Schedule 1.
[7]	Subregulation 5C (7), definition of heavy goods vehicle and heavy omnibus
substitute
heavy goods vehicle means a goods vehicle that has a gross vehicle mass of more than 12.0 tonnes.
heavy omnibus means a passenger vehicle that has:
	(a)	more than 9 seating positions (including that of the driver); and
	(b)	a gross vehicle mass of more than 5.0 tonnes.
[8]	Division 2A, before regulation 12A
insert
12AA	Application of Division
		This Division does not apply to long combination vehicles.
Note   Permitted mass limits for long combination vehicles are governed by State and Territory laws.
[9]	Paragraph 12A (1) (b)
substitute
	(b)	the manufacturer’s rating;
[10]	After subregulation 12A (3)
insert
	(4)	However, if a motor vehicle has road friendly suspension, the maximum permitted gross mass of the vehicle is the lesser of:
	(a)	the sum of the maximum permitted laden mass mentioned in column 3 of Schedule 3 for the vehicle’s axle spacing and:
	(i)	for each tandem axle group — 0.5 tonnes; and
	(ii)	for each triaxle group — 2.5 tonnes; and
	(b)	the sum of the following axle load limits for each of the vehicle’s axle groups:
	(i)	if an axle load limit is mentioned in column 4 of Schedule 4 — that limit; and
	(ii)	if subparagraph (i) does not apply — the axle load limit mentioned in column 3 of Schedule 4; and
	(c)	for a vehicle other than a B-double — 
45.5 tonnes; and
	(d)	for a B-double — 68 tonnes; and
	(e)	the manufacturer’s rating.
[11]	Paragraph 12B (1) (c)
substitute
	(c)	for an axle group of a kind mentioned in an item in Schedule 4:
	(i)	if it does not have road friendly suspension — the axle load limit mentioned in column 3 of the item; and
	(ii)	if it has road friendly suspension — the axle load limit mentioned in column 4 of the item.
 [12]	After regulation 12B
insert
12C	Higher mass accreditation and route requirements
	(1)	This regulation applies to a higher mass limit vehicle.
	(2)	However, if the driver or owner of the vehicle does not comply with this regulation, the vehicle is taken not to have road friendly suspension.
	(3)	For a vehicle with a triaxle group:
	(a)	the owner of the vehicle must be accredited under a mass management compliance assurance scheme; and
	(b)	the vehicle must have been nominated by the owner to be included in the scheme.
	(4)	The driver of the vehicle must:
	(a)	carry:
	(i)	if the vehicle has a triaxle group — written evidence that the vehicle complies with subregulation (3); and
	(ii)	a description or map of the route, determined under subregulation (5), that the vehicle is following; and
	(iii)	a copy of the Gazette notice under subregulation (5) for the route; and
	(b)	show the items mentioned in paragraph (a) to an inspector or police officer who asks to see them.
Penalty:   10 penalty units.
	(5)	The Minister may, by notice published in the Gazette, determine routes on which a higher mass limit vehicle, other than a B-double, may be driven.
Note   For operation of a B-double on a federal route, see subr 12L (1).
	(6)	A person may operate a higher mass limit vehicle in a State or Territory:
	(a)	only on a route mentioned in subregulation (5); or
	(b)	if the administering authority in the State or Territory requires the driver or owner of the vehicle to hold a permit to operate the vehicle in that place or in that State or Territory generally — only if the driver or owner of the vehicle holds a current permit permitting that operation; or
	(c)	if the administering authority in the State or Territory does not require the driver or owner of the vehicle to hold a permit to operate the vehicle in that place or in that State or Territory generally — only if the driver and the owner of the vehicle comply with these regulations; or
	(d)	if the driver or owner of the vehicle is required by these regulations to operate the vehicle in that place.
Penalty:   10 penalty units.
[13]	Paragraph 12H (1) (b)
omit
on an axle group of the vehicle calculated in accordance with regulation 12B
insert
on 1 or more axle groups of the vehicle
[14]	Paragraph 12H (1) (c)
omit
applicable to the vehicle under Schedule 1A
insert
for the vehicle
 [15]	Paragraphs 12H (1) (d) and (f)
omit
 [16]	Subregulation 12H (2), penalty
omit
 [17]	After subregulation 12H (2)
insert
	(2A)	For subregulation (2), the penalty is:
	(a)	for an offence to which paragraph (1) (a) or (e) applies — 30 penalty units;
	(b)	for an offence to which paragraph (1) (b) or (c) applies:
	(i)	if the vehicle is overloaded by up to 10% — 5 penalty units;
	(ii)	if the vehicle is overloaded by more than 10% but less than 15% — 10 penalty units;
	(iii)	if the vehicle is overloaded by 15% or more but less than 20% — 20 penalty units;
	(iv)	for severe risk overloading — 20 penalty units plus 2 penalty units for each additional 1% overloading, up to a maximum penalty of 30 penalty units.
Note 1   Penalties for offences involving the operation of 
B-doubles are set out in s 12D of the Act.
Note 2   For penalties for a body corporate, see Crimes Act 1914, subs 4B (3).
Note 3   The driver of an overloaded motor vehicle may be required to unload part of its load (see subr 12K (1)).
[18]	Subregulation 12H (4), note
omit
[19]	After subregulation 12H (4)
insert
	(5)	For paragraph 13 (1) (b) of the Act, the owner of a motor vehicle must cause the vehicle not to be severe risk overloaded more than twice in 3 years.
	(6)	For subregulation (5), the period of 3 years starts on the day of the first occurrence under the subregulation.
Note   A Registration Authority may cancel or suspend the registration of a motor vehicle or trailer if its owner does not comply with subr (5) (see Act, s 11).
[20]	Subregulation 12L (1)
omit
route.
insert
route that applies to the B-double.
[21]	After subregulation 16 (2)
insert
	(3)	A Registration Authority may record on the registration label or registration certificate of a motor vehicle or trailer that the motor vehicle or trailer is eligible for higher mass limits.
	(4)	For subregulation (3), a motor vehicle or trailer is eligible for higher mass limits if:
	(a)	it has road friendly suspension; and
	(b)	for a vehicle with a triaxle group — it complies with subregulation 12C (3).
 [22]	After subregulation 18 (2)
insert
	(3)	Subregulation (4) applies if a motor vehicle or trailer or 1 of its axle groups may become eligible for a higher maximum permitted gross mass because the manufacturer’s rating for the motor vehicle, trailer or axle group is changed.
	(4)	Before the motor vehicle or trailer is used to carry the higher maximum permitted gross mass:
	(a)	the owner of the motor vehicle or trailer must return the certificate of registration or registration label to the relevant Registration Authority for the motor vehicle or trailer or, at the request of the Registration Authority, destroy them; and
	(b)	the relevant Registration Authority for the motor vehicle or trailer must, subject to any other provision of the Act and these regulations being complied with, issue another certificate of registration or registration label for the motor vehicle or trailer.
[23]	Subregulation 52 (1), definition of prescribed penalty, paragraph (a)
omit
15 (1),
insert
15 (1)
[24]	After regulation 52
insert
Schedule 1AA	Certification performance standard
(regulation 3B)
	1	Definitions
		In this Schedule:
critical damping (Co) means the minimum amount of viscous damping needed in a linear system to prevent the displacement of the system from passing the equilibrium position when returning from an initial displacement.
damping ratio (D) means:
.
K means the total vertical stiffness between the road surface and the sprung mass.
load-sharing suspension system means an axle group suspension system that:
	(a)	is built to divide the load between the tyres on the group so that no tyre carries a mass more than 
5% greater than the mass it would carry if the load were divided equally; and
	(b)	has effective damping characteristics on all axles of the group.
M means the sprung mass of suspension above a driving axle or bogie, measured in kilograms.
viscous damping (C) means damping in which the force opposing the motion is proportional and opposite in direction to the velocity of the system.
Z means the vertical displacement of the sprung mass in metres. 
	2	Performance standard for road friendly suspension
		A suspension system is road friendly if it meets the following performance and component requirements.
	3	Performance requirements
	(1)	The suspension system must comply with this section:
	(a)	during free transient low frequency vertical oscillation of the sprung mass above an axle or axle group; and
	(b)	while carrying its maximum legal load.
	(2)	The frequency of oscillation of the sprung mass above the axle or axle group in a free transient vertical oscillation must not be higher than 2.0 Hz.
	(3)	The mean damping ratio must be more than 20% of critical damping for the suspension in its normal operating condition.
	(4)	The damping ratio of the suspension with all dampers (if fitted) removed or incapacitated must be not more than 50% of the mean damping ratio.
	(5)	For a multiple axle group, the static load share between axles in a load-sharing suspension system must be within 5%.
	4	Components
	(1)	Dual tyres must be fitted on the axles.
	(2)	However, for a 6-tyred tandem axle group, 1 axle in the group may have single tyres fitted.
	5	Frequency and damping
	(1)	For section 3, frequency and damping must be measured in accordance with this section.
	(2)	For an axle or bogie, the total damping coefficient is 
C N.s/m.
	(3)	The equation of motion for free oscillation of the sprung mass is:
.
	(4)	The frequency of oscillation of the sprung mass (F) is:
.
	(5)	The damping is critical when C = Co, where:
.
	(6)	During free transient oscillation of the sprung mass, the vertical motion of the mass will follow a damped sinusoidal path. 
	(7)	The frequency can be estimated by measuring the time for as many cycles of oscillation as can be observed. 
	(8)	The damping can be estimated by measuring the heights of successive peaks of the oscillation in the same direction.
	(9)	The damping ratio is:
.
		where:
A1 is the peak amplitude of the first cycle of oscillation.
A2 is the peak amplitude of the second cycle of oscillation.
Note   Definitions are derived from Annex II of the Council of the European Union’s Council Directive 96/53/EC dated 25 July 1996 and Fundamentals of Vehicle Dynamics, T D Gillespie, SAE, 1992.
[25]	Schedule 1B, table heading, after column 3
insert
Column 4
Higher axle load limit (tonnes)	
[26]	Schedule 1B, item 4, paragraph (b), column 4
insert
14.0
[27]	Schedule 1B, item 4, subparagraph (c) (ii), column 4
insert
17.0
[28]	Schedule 1B, item 5, after paragraph (c)
insert
	(d)	dual tyres on all axles	20.0	22.5	
Part 2	Additional amendments
[29]	Additional amendments: Schedule numbering
Provision	omit	insert	
Paragraph 6 (a)	Schedule 1	Schedule 2	
Paragraph 12A (1) (c)	Schedule 1A	Schedule 3	
Paragraph 12B (1) (c) and subregulations 12B (3) and (4)	Schedule 1B	Schedule 4	
Subregulations 49 (1) and (2)	Schedule 4	Schedule 5	
[30]	Schedule 1AA
renumber as Schedule 1
[31]	Schedule 1
renumber as Schedule 2
[32]	Schedule 1A
renumber as Schedule 3
[33]	Schedule 1B
renumber as Schedule 4
[34]	Schedule 4
renumber as Schedule 5
Notes
1.	These regulations amend Statutory Rules 1986 No. 291, as amended by 1986 No. 386; 1987 No. 141; 1988 No. 152; 1990 Nos. 144 and 435; 1991 No. 343; 1992 No. 350; 1994 Nos. 94 and 255; 1995 Nos. 5 and 151; 1996 No. 250; 1999 No. 11.
2.	Made by the Governor-General on 29 June 1999, and notified in the Commonwealth of Australia Gazette on 30 June 1999.