National Transport Commission (Road Transport Legislation — Vehicle Standards) Amendment Regulations 2006 (No. 2)1

Select Legislative Instrument 2006 No. 74

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 National Transport Commission Act 2003.

Dated 30 March 2006

P. M. JEFFERY

Governor-General

By His Excellency’s Command

WARREN TRUSS

Minister for Transport and Regional Services

1 Name of Regulations

These Regulations are the National Transport Commission (Road Transport Legislation — Vehicle Standards) Amendment Regulations 2006 (No. 2).

2 Commencement

These Regulations commence on the day after they are registered.

3 Model legislation — vehicle standards

For section 7 of the National Transport Commission Act 2003 (the NTC Act), Schedule 1 sets out model legislation, in the form of amending Regulations, about vehicle standards.

Note 1 The model legislation set out in Schedule 1 does not have the force of law (see paragraph 7 (2) (a) of the NTC Act).

Note 2 These Regulations must be made in accordance with the Agreement (see subparagraph 3 (b) (ii) of the NTC Act).

Note 3 These Regulations are not subject to disallowance — see the Legislative Instruments Act 2003, subsection 44 (2) (table, item 44) and the Legislative Instruments Regulations 2004, regulation 8 and Schedule 2 item 7.

Note 4 These Regulations are not subject to sunsetting — see the Legislative Instruments Act 2003, subsection 54 (2) (table, item 51) and the Legislative Instruments Regulations 2004, regulation 9 and Schedule 3 item 4.

Note 5 The text set out in Schedule 1 is that of the proposed Australian Vehicle Standards Amendment Rules 2006 (No. ). They were approved by the Australian Transport Council on 9 September 2005.

4 Amendment of National Transport Commission (Road Transport Legislation — Vehicle Standards) Regulations 2006

Schedule 1 amends the text set out in Schedule 2 to the National Transport Commission (Road Transport Legislation — Vehicle Standards) Regulations 2006 as if a reference in Schedule 1 to a provision of the Australian Vehicle Standards Rules 1999 were a reference to the corresponding provision in the text set out in Schedule 2 to those Regulations.

Schedule 1 Text of the Australian Vehicle Standards Amendment Rules 2006 (No. )

(regulations 3 and 4)

1 Name of Rules

These Rules are the Australian Vehicle Standards Amendment Rules 2006 (No. ).

2 Commencement

These Rules commence on the day after they are registered.

3 Amendment of Australian Vehicle Standards Rules 1999

Schedule 1 amends the Australian Vehicle Standards Rules 1999.

Schedule 1 Amendments

(regulation 3)

[1] After subrule 69 (3)

insert

(4) However, a B-double may be up to 26 metres long if:

(a) the distance between the point of articulation at the front of the leading semi-trailer and the rear of the combination does not exceed 20.6 metres; and

(b) the prime mover of the combination is fitted with a front underrun protective device that complies with regulation 93 made under the UN ECE Agreement; and

(c) if the prime mover has a date of manufacture after 31 December 2005 — it is fitted with a cab that complies with regulation 29 made under that Agreement; and

(d) the prime mover does not have a load-carrying area.

(5) In subrule (4):

UN ECE Agreement means the Agreement concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions done at Geneva on 20 March 1958, as amended and in effect on 13 July 1999.