Interstate Road Transport Amendment Regulations 2004 (No. 1)1

Statutory Rules 2004 No. 3462

I, PHILIP MICHAEL JEFFERY, 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 1 December 2004

P. M. JEFFERY

Governor-General

By His Excellency’s Command

JOHN ANDERSON

Minister for Transport and Regional Services

1 Name of Regulations

  These Regulations are the Interstate Road Transport Amendment Regulations 2004 (No. 1).

2 Commencement

  These Regulations commence on the date of their notification in the Gazette.

3 Amendment of Interstate Road Transport Regulations 1986

  Schedule 1 amends the Interstate Road Transport Regulations 1986.

Schedule 1 Amendments

(regulation 3)

[1] Subregulation 12C (5), note

substitute

Note   For the routes on which a B-double may operate, see subregulation 12L (1).

[2] Paragraph 12C (6) (a)

substitute

 (a) only on:

 (i) a route mentioned in subregulation (5); or

 (ii) a route that the vehicle is authorised to operate on under a relevant instrument; or

[3] After subregulation 12C (6), including the penalty

insert

 (6A) A person who operates a higher mass limit vehicle on a route mentioned in subparagraph (6) (a) (ii) must operate the vehicle in accordance with any conditions relating to infrastructure safety to which the relevant instrument for the route is subject.

Penalty:   10 penalty units.

[4] After subregulation 12C (7), including the note

insert

 (8) In this regulation:

relevant instrument, in relation to a route in a State or Territory, means an instrument or other writing, as in force from time to time, made under a law (or provision of a law) of the State or Territory, being a law or provision that is mentioned in Part 1 of Schedule 4A.

[5] Subregulation 12L (1), including the penalty

substitute

 (1) Subject to subregulation (2), a person must not operate a B‑double except:

 (a) on a federal route that applies to the B‑double; or

 (b) on a route in a State or Territory that the B‑double is authorised to operate on under a relevant instrument.

Penalty:   10 penalty units.

[6] Subregulation 12L (2)

omit

federal route:

insert

route mentioned in paragraph (1) (a) or (b):

[7] After subregulation 12L (2)

insert

 (2A) A person who operates a B‑double on a route mentioned in paragraph (1) (b) must operate the B‑double in accordance with any conditions relating to infrastructure safety to which the relevant instrument for the route is subject.

Penalty:   10 penalty units.

[8] After subregulation 12L (4), including the note

insert

 (5) In this regulation:

relevant instrument, in relation to a route in a State or Territory, means an instrument or other writing, as in force from time to time, made under a law (or provision of a law) of the State or Territory, being a law or provision that is mentioned in Part 2 of Schedule 4A.

[9] After Schedule 4

insert

Schedule 4A State and Territory laws under which relevant instruments are made

(subregulations 12C (8) and 12L (5))

Part 1 Laws for higher mass limit vehicles

Part 2 Laws for B‑doubles

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 Nos. 11 and 133; 2001 No. 15; 2002 No. 13.

2. Notified in the Commonwealth of Australia Gazette on 8 December 2004.