Road Safety (Vehicles) Amendment Regulations 2010

Road Safety (Vehicles) Amendment Regulations 2010

S.R. No. 26/2010

table of provisions

RegulationPage

1Objective

2Authorising provision

3Principal Regulations

4Definitions

5Corporation may declare matters for the purposes of
Regulations

6Interpretation—retractable axles

7New regulation 10A inserted

10AVehicle width

8Exemptions from registration

9Installation of operations plates and the modification of
vehicles

10Electronic stability control

11Regulation 35 revoked

12Regulation 36 revoked

13Offences and exemptions

14Replacement of number plates

15New regulation 48A inserted

48AHybrid vehicles

16Offence

17Corporation to issue registration label

18Offence not to affix registration label

19New regulation 63 substituted

63Non-standard number plates

20Slimline number plates

21Obligation to disclose information to purchaser of written-off vehicle

22Application of certain fees

23Grounds for suspension

24Variation, revocation or expiry of permit

25Application for club permit

26Mass limits for tyres, wheels and axles

27Class 1 vehicles

28Class 3 vehicles

29Use of vehicles not complying with standards

30Schedule 5—Miscellaneous fees

31Schedule 7—Dimension limits (class 1 vehicles)

32Schedule 7—Material for warning signs on class 1 vehicles

33Schedule 7—Mass limits (agricultural vehicles)

34Schedule 7—Maximum height (agricultural vehicles)

35Schedule 7—Rear overhang limits (agricultural vehicles)

36Schedule 7—Maximum length (agricultural vehicles)

37Schedule 7—Maximum width (agricultural vehicles)

38New Parts 5A and 5B of Schedule 9 inserted

PART 5A—REFRIGERATION TRAILERS

36ADimension limits for refrigeration trailers

36BLength limit for refrigeration trailers

36CMass limits for refrigeration trailers

PART 5B—REARLOADER WASTE VEHICLES

36DDimension limits for rearloader waste vehicles

36ERear overhang

36FMass limits for rearloader waste vehicles

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ENDNOTES

S.R. No. 26/2010

Road Safety (Vehicles) Amendment Regulations 2010

statutory rules 2010

S.R. No. 26/2010

Road Safety (Vehicles) Amendment Regulations 2010

Road Safety Act 1986

S.R. No. 26/2010

Road Safety (Vehicles) Amendment Regulations 2010

Road Safety (Vehicles) Amendment Regulations 2010

S.R. No. 26/2010

Road Safety (Vehicles) Amendment Regulations 2010

The Governor in Council makes the following Regulations:

Dated: 11 May 2010

Responsible Minister:

TIM PALLAS

Minister for Roads and Ports

TOBY HALLIGAN

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Road Safety (Vehicles) Regulations 2009—

(a)to amend the definitions of certain types of vehicle; and

(b)to specify certain items to be excluded when measuring vehicle width; and

(c)to remove the provisions relating to labels evidencing compliance with electronic stability control requirements; and

(d)to facilitate the identification of hybrid vehicles; and

(e)to allow greater flexibility with regard to the information to be included on registration labels; and

(f)to provide for conditional registration to be suspended on the ground of breach of a condition; and

(g) to amend the mass and dimension limits applying to certain vehicles; and

(h) to allow the use of flexible material for warning signs on class 1 vehicles; and

(i) to provide for the use of agricultural trailers; and

(j) to make minor amendments in relation to the issue of non-standard number plates; and

(k) to make other minor amendments.

2Authorising provision

r. 2

These Regulations are made under section 95 of the Road Safety Act 1986.

3Principal Regulations

In these Regulations, the Road Safety (Vehicles) Regulations 2009[1] are called the Principal Regulations.

4Definitions

In regulation 5 of the Principal Regulations—

(a)for the definition of agricultural implement substitute—

"agricultural implement means—

(a)a vehicle without its own motive power, not designed to carry a load and used exclusively to perform agricultural tasks; or

(b)an agricultural trailer;";

(b)for the definition of complying bussubstitute—

"complying bus means a bus that—

(a)has two or three axles and a single steer axle; and

(b) is fitted with a compliance plate in accordance with the Motor Vehicle Standards Act 1989 of the Commonwealth indicating that the bus was manufactured after June 1994; and

(c)meets the emergency exit specifications set out in ADR 44; and

(d)meets the rollover strength specifications set out in ADR 59; and

(e)meets the occupant protection specifications set out in ADR 68; and

(f)is equipped with an approved air suspension system;";

r. 4

(c)in the definition of controlled access bus, for "that is more than 12·5 metres long"substitute"whose length is more than 12·5metres but not more than 14·5 metres";

(d)for the definition ofescort vehicle substitute—

"escort vehicle means a motor vehicle that is being used for the purpose of—

(a)transporting an authorised officer, a member of the police force or another person authorised to direct traffic; and

(b)warning other highway users of the presence of a class 1 vehicle;";

(e)insert the following definitions—

"agricultural trailer means a trailer designed to carry a loadand used exclusively to perform agricultural tasks, but does not include a semi-trailer or a trailer to which regulation 12(g) applies;

low floor bus means a bus that has—

(a)at least one stairless entry point; and

(b)only two axles;".

5Corporation may declare matters for the purposes of Regulations

r. 5

Regulation 6(j) of the Principal Regulations is revoked.

6Interpretation—retractable axles

Regulation 10(2) of the Principal Regulations is revoked.

7New regulation 10A inserted

After regulation 10 of the Principal Regulations insert—

"10A Vehicle width

For the purposes of these Regulations, vehicle width must be measured without taking into account—

(a)central tyre inflation systems;

(b)anti-skid devices mounted on wheels;

(c)tyre pressure gauges;

(d)signalling devices;

(e)any rear vision mirrors, lights or reflectors that—

(i)are mounted on the side of the vehicle; and

(ii)comply with the standards for registration.".

8Exemptions from registration

r. 8

In regulation 12(b) of the Principal Regulations omit"constructed and".

9Installation of operations plates and the modification of vehicles

In regulation 21(3)(c) of the Principal Regulations for "an authorised person"substitute
"an authorised officer".

10Electronic stability control

(1)In the heading to regulation 34 of the Principal Regulations omit "and approval to affix label or plate".

(2)Regulation 34(2) of the Principal Regulations is revoked.

(3)For regulation 34(3) of the Principal Regulations substitute—

"(3) An application under this regulation must include—

(a)in the case of a motor vehicle or model of motor vehicle that has been certified under the Motor Vehicle Standards Act 1989 of the Commonwealth as compliant with the electronic stability control standard in ADR 31/02 or ADR35/03—the Identification Plate Approval Number, in respect of the motor vehicle or model of motor vehicle, evidencing compliance with that ADR;

(b)in the case of any other motor vehicle or model of motor vehicle—

(i)evidence that the particular motor vehicle or model of motor vehicle has been fitted with a compliant system of electronic stability control; and

(ii)the vehicle identification number of any motor vehicle in respect of which the application is being made; and

(iii)the fee specified in item 24 of Schedule 5.".

(4)In regulation 34(4) of the Principal Regulations omit "or (2)".

(5)Regulation 34(5)(b) of the Principal Regulations is revoked.

11Regulation 35 revoked

r. 11

Regulation 35 of the Principal Regulations is revoked.

12Regulation 36 revoked

Regulation 36 of the Principal Regulations is revoked.

13Offences and exemptions

(1) For the heading to regulation 37 of the Principal Regulations substitute—

"Exemptions".

(2)Regulations 37(1), 37(2), 37(3) and 37(4) of the Principal Regulations are revoked.

14Replacement of number plates

r. 14

(1) For the heading to regulation 46 of the Principal Regulations substitute—

"Replacement of lost, stolen etc. number plates".

(2)In regulation 46 of the Principal Regulations omit", or if the holder of rights to a non-standard number plate or standard number plate requests the Corporation to change the design, size, colour or material of a number plate,".

(3)In regulation 46(a) of the Principal Regulations—

(a) after "replacement of"insert"the number plate with"; and

(b)for "determined"substitute"fixed".

(4)In regulation 46(b) of the Principal Regulations, after "for"insert "the replacement of the number plate with".

15New regulation 48A inserted

After regulation 48 of the Principal Regulations insert—

'48A Hybrid vehicles

A hybrid vehicle must have fixed conspicuouslyto the front and rear number plates a label thatis—

(a)made of durable material; and

(b)at least 25 millimetres wideand25millimetres high; and

(c)mounted as a diamond; and

(d)reflective green; and

(e)marked "HYBRID" in capital letters atleast 6 millimetres high.'.

16Offence

r. 16

(1)For regulation 50(1) of the Principal Regulations substitute—

"(1) A driver of a vehicle must not use a vehicle on a highway without bearing number plates—

(a)issued by the Corporation;

(b)displaying a registration number properly assigned to the vehicle; and

(c)affixed and displayed in accordance with this Part—

unless exempt under these Regulations or under any other law.

Penalty:2 penalty units.".

(2)For regulation 50(2) of the Principal Regulations substitute—

"(2) The registered operator of a vehicle must ensure that a vehicle is not used on a highway without bearing number plates—

(a)issued by the Corporation;

(b)displaying a registration number properly assigned to the vehicle; and

(c)affixed and displayed in accordance with this Part—

unless exempt under these Regulations or under any other law.

Penalty:2 penalty units.".

17Corporation to issue registration label

r. 17

(1)For regulation 51(3) of the Principal Regulations substitute—

"(3) The registration label must include the registration number of the vehicle.".

(2)For regulation 51(4) of the Principal Regulations substitute—

'(4) The registration label may include—

(a)the expiry date of the vehicle's registration;

(b)the applicable vehicle fee code;

(c)in the case of a motor vehicle—

(i)its make; and

(ii)its model or body type, whichever is the more descriptive; and

(iii)its vehicle identifier or, if there is no vehicle identifier, the engine number;

(d)in the case of a heavy vehicle, the vehicle's GVM and GCM;

(e)in the case of a heavy vehicle to which regulation 43(1)(a)(ii) applies, the starting date of the nominated period;

(f)in the case of a vehicle that is conditionally registered, the conditions to which the registration of the vehicle is subject, in coded form;

(g)in the case of a learner approved motor cycle within the meaning of the Road Safety (Drivers) Regulations 2009, the code "LAM".'.

18Offence not to affix registration label

r. 18

(1)In regulation 55(1) of the Principal Regulations, after "this Division"insert"unless exempt under these Regulations or under any other law".

(2)In regulation 55(2) of the Principal Regulations, after "this Division"insert"unless exempt under these Regulations or under any other law".

19New regulation 63 substituted

For regulation 63 of the Principal Regulations substitute—

"63 Non-standard number plates

(1)A person may apply to the Corporation for the issue of non-standard number plates.

(2)An owner of registration number rights in respect of a registration number may apply to the Corporation for the issue of non-standard number plates bearing that registration number.

(3)An applicant under subregulation (1) or (2) must pay the fee fixed or determined under section 5AE of the Act.".

20Slimline number plates

(1)In regulation 64(3) of the Principal Regulations, for "subregulation (1)"substitute"subregulation(2)".

(2) After regulation 64(3) of the Principal Regulations insert—

"(4) The issue of slimline number plates to an applicant under subregulation (2) does not, in itself, confer on that applicant registration number rights in the registration number displayed on the slimline number plates.".

21Obligation to disclose information to purchaser of written-off vehicle

r. 21

At the end of regulation 90 of the Principal Regulations insert—

"(2) A motor car trader is taken to have complied with this regulation if he or she includes the information required by this regulation in a notice attached to the relevant motor car in accordance with section 52 of the Motor Car Traders Act 1986.".

22Application of certain fees

(1) In regulation 107(a) of the Principal Regulations—

(a)for "1 to 5, 7, 8, 9"substitute"1 to 9"; and

(b) for "23" substitute "24".

(2) In regulation 107(e) of the Principal Regulations, for "63(2)"substitute "63(3)".

23Grounds for suspension

In regulation 114 of the Principal Regulations—

(a)in paragraph (r), for "complied with."substitute"complied with; or"; and

(b)after paragraph (r) insert—

"(s) the vehicle does not comply with a condition of its registration.".

24Variation, revocation or expiry of permit

In regulation 137 of the Principal Regulations, for "shortterm" (wherever occurring) substitute"short term".

25Application for club permit

r. 25

In regulation 153(2)(e)(iii) of the Principal Regulations, for "club"substitute"classic or".

26Mass limits for tyres, wheels and axles

(1)After regulation 159(6)(a) of the Principal Regulations insert—

"(ab) for a low floor bus, 16 tonnes; and".

(2)In regulation 159(6)(b) of the Principal Regulations—

(a) after "complying bus and a trailer,"insert "or a low floor bus and a trailer,"; and

(b)after "paragraph (a)"insert"or (ab)".

(3)In Table 1 of regulation 159 of the Principal Regulations, after item 7 insert—

"7Arear axle on a low floor bus11·0tonnes".

27Class 1 vehicles

In regulation 177(1) of the Principal Regulations—

(a)in paragraph (d) for "container."substitute "container;"; and

(b)after paragraph (d) insert—

"(e) an agricultural trailer.".

28Class 3 vehicles

In regulation 193(1) of the Principal Regulations—

(a)in paragraph (f) for "vehicle."substitute "vehicle; or"; and

(b)after paragraph (f) insert—

"(g) a semi-trailer that is designed and built for the control of temperature through the use of refrigeration equipment; or

(h)a 3 axle rearloader waste vehicle fitted with a bin lifting mechanism.".

29Use of vehicles not complying with standards

r. 29

For regulation 258(1) of the Principal Regulations substitute—

"(1) A person must not use, or cause or permit to be used, on a highway a vehicle (whether or not registered) that does not comply with the standard for registration in clause 155 of Schedule 2 to these Regulations that applies to the vehicle, or would apply to the vehicle if the vehicle were registered.

Penalty:20 penalty units.

Note

Clause 155 of Schedule 2 to these Regulations provides for certain heavy vehicles to have a restricted maximum speed.".

30Schedule 5—Miscellaneous fees

In Schedule 5 to the Principal Regulations—

(a)for item 24 substitute—

"24 / Certification that vehicle has been fitted with a compliant system of electronic stability control / 34(3)(b)(iii) / $5.80 for each motor vehicle certified"

; and

(b)item 25 is revoked.

31Schedule 7—Dimension limits (class 1 vehicles)

r. 31

After clause 5(1) of Schedule 7 to the Principal Regulations insert—

"(1A) If a dimension limit is not specified in Table3 in relation to a class 1 vehicle, the relevant dimension limit is the limit specified for that vehicle in Chapter 4 of these Regulations.".

32Schedule 7—Material for warning signs on class 1 vehicles

In clause 15 of Schedule 7 to the Principal Regulations, for subclause (2) substitute—

"(2) Despite subclause (1), the sign on the front or rear of a class 1 vehicle may be made of flexible material if—

(a) the load is unsuitable for a stiff sign; and

(b)the warning sign is held taut, is clearly visible, and is attached securely."

33Schedule 7—Mass limits (agricultural vehicles)

(1) In clause 39 of Schedule 7 to the Principal Regulations, after "agricultural vehicle"insert"(except an agricultural trailer)".

(2)At the end of clause 39 of Schedule 7 to the Principal Regulationsinsert—

"(2) For an agricultural trailer, the mass limit is the relevant limit set out in Part 4.1 of Chapter 4 of these Regulations.".

34Schedule 7—Maximum height (agricultural vehicles)

(1)In clause 40 of Schedule 7 to the Principal Regulations,after "agricultural vehicle"insert"(except an agricultural trailer)".

(2)At the end of clause 40 of Schedule 7 to the Principal Regulationsinsert—

"(2) For an agricultural trailer, the maximum height is the relevant height limit set out in Part4.2 of Chapter 4 of these Regulations.".

35Schedule 7—Rear overhang limits (agricultural vehicles)

r. 35

(1)In clause 41(1) of Schedule 7 to the Principal Regulations," after "not"insert"an agricultural trailer,".

(2)After clause 41(1) of Schedule 7 to the Principal Regulationsinsert—

"(1A) The maximum rear overhang for an agricultural vehicle that is an agricultural trailer is the relevant maximum rear overhang set out in Part 4.2 of Chapter 4 of these Regulations.".

36Schedule 7—Maximum length (agricultural vehicles)

(1)In clause 42(3) of Schedule 7 to the Principal Regulations,after "combination"insert"that does not include an agricultural trailer".

(2)At the end of clause 42 of Schedule 7 to the Principal Regulationsinsert—

"(4) The maximum length for an agricultural combination that includes an agricultural trailer is the maximum length for a combination set out in Part 4.2 of Chapter 4 of these Regulations.".

37Schedule 7—Maximum width (agricultural vehicles)

In clause 43(2) of Schedule 7 to the Principal Regulations,after "agricultural vehicle" (where first occurring) insert"(other than an agricultural trailer)".

38New Parts 5A and 5B of Schedule 9 inserted

r. 38

After clause 36 of Schedule 9 to the Principal Regulations insert—

"PART 5A—REFRIGERATION TRAILERS

36ADimension limits for refrigeration trailers

Subject to this Part, the dimension limits for a semi-trailer designed and built for the control of temperaturethrough the use of refrigeration equipment are the relevant limits for that vehicle set out in Part 4.2 of Chapter 4 of these Regulations.

36BLength limit for refrigeration trailers

The maximum length of a semi-trailer designed and built for the control of temperaturethrough the use of refrigeration equipment is 14·9 metres, provided that—

(a)the distance between the point of articulation at the front and the rear overhang line for the trailer is between 9·5metres and 9·9metres; and

(b)the trailer is used in a single semi-trailer combination.

36CMass limits for refrigeration trailers

The mass limits for a semi-trailer designed and built for the control of temperature through the use of refrigeration equipment are the relevant limits for that vehicle set out in Part 4.1 of Chapter 4 of theseRegulations.

PART 5B—REARLOADER WASTE VEHICLES

36DDimension limits for rearloader waste vehicles

Subject to this Part, the dimension limits for a 3axle rearloader waste vehicle fitted with a bin lifting mechanism and a tandem axle group with 8 tyres are the relevant limits for that vehicle set out in Part 4.2 of Chapter 4 of these Regulations.

36ERear overhang

The maximum rear overhang for a 3axle rearloader waste vehicle fitted with a bin lifting mechanism and a tandem axle group with 8tyres is the lesser of—

(a)70% of the vehicle's wheelbase; and

(b)3·4 metres.

36FMass limits for rearloader waste vehicles

The mass limits for a 3axle rearloader waste vehicle fitted with a bin lifting mechanism and a tandem axle group with 8 tyres are the relevant limits for that vehicle set out in Part4.1 of Chapter 4 of these Regulations.".

r. 38

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S.R. No. 26/2010

Road Safety (Vehicles) Amendment Regulations 2010

ENDNOTES

Endnotes

[1] Reg. 3: S.R. No. 118/2009.

——

Table of Applied, Adopted or Incorporated Matter Required by the Subordinate Legislation Regulations 2004

Note that the following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.

Statutory Rule Provision / Title of applied, adopted or incorporated document / Matter in applied, adopted or incorporated document
Regulation 4 which amends the definition of complying bus in regulation 5 of the Road Safety (Vehicles) Regulations 2009 / Third edition ADR 44
Third edition ADR 59
Third edition ADR 68 / The whole
The whole
The whole
Regulation 10 which amends regulation 34 of the Road Safety (Vehicles) Regulations 2009 / Third edition ADR 31/02
Third edition ADR 35/03 / The whole
The whole