Road Transport (Mass, Loading and Access) Regulation 2005

Part 1 Preliminary

1 Name of Regulation

This Regulation is the Road Transport (Mass, Loading and Access) Regulation 2005.

2 Commencement

This Regulation commences on 30 September 2005.

3 Definitions

Expressions used in this Regulation that are defined in the dictionary at the end of this Regulation have the meanings set out in that dictionary.

Note—

Certain words and terms used in this Regulation are defined in the Act and accordingly have the same meaning as in the Act. These include freight container, GCM, GVM, load, operator and owner.

4 Object

The object of this Regulation is to make provision with respect to matters that are intended to be applied generally uniformly within Australia for the regulation of:

(a)  the mass and loading of vehicles and combinations, and

(b)  the conditions for access to roads of vehicles and combinations that are too large or too heavy to be allowed general road access, and

(c)  the conditions under which oversize or overmass vehicles and combinations exempted from normal dimension or mass limits may travel on roads and road related areas, and

(d)  the use of intelligent transport systems to monitor compliance with conditions of concessions under this Regulation or the Act.

cl 4: Am 2006 No 86, Sch 2 [1].

5 Application of Regulation

(1)  This Regulation applies to a vehicle or combination if it is on a road or a road related area.

(2)  This Regulation does not apply to a vehicle or combination that is used only on a railway or tramway.

6 Notes and diagrams

Except where a contrary intention is indicated, the diagrams and notes in the text of this Regulation do not form part of this Regulation.

Part 2 Mass, dimension, loading and other requirements for heavy vehicles

Division 1 Preliminary

7 Application of Part

This Part applies to the following vehicles and combinations:

(a)  any vehicle having a GVM exceeding 4.5 tonnes,

(b)  any combination having a GCM exceeding 4.5 tonnes,

(c)  any combination that includes a vehicle with a GVM exceeding 4.5 tonnes.

Division 2 Mass, dimension and other requirements

8 Heavy vehicles to comply with Schedule 1

(1)  Schedule 1 applies to a vehicle or combination to which this Part applies and to a load on any such vehicle or combination.

(2)  This clause is subject to any exemption from a requirement of Schedule 1 that is in force under this Regulation.

9 Declaring buses to be complying vehicles

(1)  This clause applies to a bus that:

(a)  is not fitted with a compliance plate in accordance with the Motor Vehicle Standards Act 1989 of the Commonwealth, or

(b)  is fitted with a compliance plate in accordance with that Act, but the compliance plate indicates that the bus was manufactured before 1 July 1994.

(2)  The Authority may declare that a bus to which this clause applies is a complying bus for the purposes of this Regulation if the Authority is satisfied that the bus meets:

(a)  the emergency exit specifications in ADR 44, and

(b)  the rollover strength specifications in ADR 59, and

(c)  the occupation protection specifications in ADR 68, and

(d)  is equipped with an approved air suspension system.

10 Additional mass restrictions

(1)  A roads authority may, by displaying a notice on or near the road to which the notice relates, prohibit the driving of any vehicle:

(a)  having an axle load exceeding the appropriate axle load specified in the notice for that class of vehicle, or

(b)  if the sum of the axle loads of a group of axles of the vehicle exceeds the appropriate sum specified in the notice for that class of vehicle,

on the road or part of the road that is newly formed, constructed or repaired, or has been damaged by flood, submergence, subsidence or otherwise, or in any special case, during the period specified in the notice if, in the opinion of that roads authority, damage is likely to be inflicted on that road.

(2)  An axle load or sum of the axle loads of a group of axles that is specified in the notice for any class of vehicle must not exceed the appropriate axle load or sum of axle loads specified in Schedule 1.

(3)  A mass restriction imposed under this clause is taken to be imposed by this Regulation.

Note—

Section 26 of the Act makes it an offence to fail to comply with a mass restriction imposed by this Regulation.

Division 3 Class 1 vehicles

11 Application of Division

(1)  This Division and Schedule 2 apply to any of the following vehicles (Class 1 vehicles):

(a)  a special purpose vehicle,

(b)  an agricultural machine or agricultural implement,

(c)  a vehicle or combination (including a low loader or load platform combination) that is specially designed for the carriage of a large indivisible item or is carrying a large indivisible item,

that, together with any load, exceeds:

(d)  a mass limit in Schedule 1, or

(e)  a dimension limit in Schedule 1 or the Road Transport (Vehicle Registration) Regulation 2007.

(2)  Despite clause 7, this Division and Schedule 2 also apply to a vehicle that is being used as a pilot vehicle or escort vehicle.

(3)  This Division and Schedule 2 do not apply to a vehicle or combination:

(a)  that is a road train or B-double, or

(b)  that is carrying a loaded or empty freight container designed for multi-modal transport.

cll 11: Am 2007 (521), Sch 1 [1].

12 Exemption by notice in Gazette

(1)  The Authority may, by a Class 1 notice published in the Gazette, exempt Class 1 vehicles from:

(a)  a mass or dimension requirement in Schedule 1, other than a requirement that relates to a GVM, GCM or manufacturer’s limit, or

(b)  a dimension limit in the Road Transport (Vehicle Registration) Regulation 2007.

(2)  The Authority may, by a Class 1 notice published in the Gazette, also exempt Class 1 special purpose vehicles from the dimension limits in Table 3 of Schedule 2 while standing and operating.

(3)  For the purposes of subclause (2), a special purpose vehicle is standing and operating if it is being used for the purpose for which it is designed, and that use requires the special purpose vehicle to stand in a stationary position, or to move between closely proximate positions.

cll 12: Am 2007 (521), Sch 1 [1].

13 Compliance with conditions of notice or permit required

If a Class 1 vehicle is driven in contravention of a condition of a notice issued, or a permit granted in respect of the vehicle, under this Division, both the driver and the operator of the vehicle are guilty of an offence.

Maximum penalty: 30 penalty units.

cl 13: Am 2006 (25), Sch 1 [1].

14 Class 1 notices

(1)  A Class 1 notice must specify the following:

(a)  in the case of a notice made under clause 12 (1), the Class 1 vehicles to which it applies,

(b)  in the case of a notice made under clause 12 (2), the special purpose vehicles to which it applies,

(c)  the areas or routes to which it applies,

(d)  the provisions of this Regulation and the Road Transport (Vehicle Registration) Regulation 2007 from which exemption is given,

(e)  the conditions of the exemption,

(f)  how long it is to remain in force.

(2)  Without limiting subclause (1), the conditions of a Class 1 notice that is made under clause 12 (1) must include the conditions set out in Schedule 2 that apply to the Class 1 vehicles to which the notice applies.

(3)  The conditions in Schedule 2 may be incorporated in the notice by referring to them rather than by setting them out in full.

(4)  Without limiting subclause (1), the conditions of a Class 1 notice may include a condition that a vehicle to which it applies, and any operator or driver of the vehicle, must participate in a program involving the use of an intelligent transport system to monitor compliance with the notice.

cl 14: Am 2006 No 86, Sch 2 [2]; 2007 (521), Sch 1 [1].

15 Exemption by permit

(1)  A person may apply to the Authority for a permit exempting a Class 1 vehicle from a requirement of Schedule 1, clause 21 of Schedule 2 or the Road Transport (Vehicle Registration) Regulation 2007.

(2)  An application for a Class 1 permit must be in writing and in a form approved by the Authority.

(3)  The Authority may grant a Class 1 permit exempting a Class 1 vehicle from:

(a)  a mass or dimension requirement of Schedule 1, other than a requirement that relates to a GVM, GCM or manufacturer’s limit, or

(b)  a mass or dimension limit in Schedule 1 or the Road Transport (Vehicle Registration) Regulation 2007.

(4)  Despite subclause (3) (a), a Class 1 permit may exempt a combination consisting of more than one prime mover or hauling unit from compliance with the individual GCMs of the prime movers or hauling units on condition that the sum of the individual GCMs is not exceeded.

(5)  The Authority may grant a Class 1 permit exempting a mobile crane that is a Class 1 vehicle from the prohibition against towing in clause 21 of Schedule 2, subject to the conditions in clause 15A.

Note—

Clause 90 of the Road Transport (Vehicle Registration) Regulation 2007 provides that a person or vehicle is exempted from a dimension limit or any other requirement of that Regulation if that person or vehicle is exempted from that limit or requirement under this Regulation.

cl 15: Am 2006 (578), Sch 1 [1] [2]; 2007 (521), Sch 1 [1].

15A Conditions of a Class 1 permit exempting a mobile crane from the prohibition against towing

A Class 1 permit may be granted under clause 15 (5) only if it is subject to the following conditions:

(a)  the mobile crane may only tow a trailer,

(b)  the mobile crane must have no more than 5 axles,

(c)  the combined length of the mobile crane and trailer combination (the combination) must not exceed 19 metres,

(d)  the manufacturer’s limit for any component of the mobile crane, including the tow coupling, must not be exceeded,

(e)  the swept path of the combination when turning a corner must not be greater than the swept path of the mobile crane if the crane were turning the corner without a trailer,

(f)  the trailer that forms part of the combination must comply with the mass limits in Tables 1 and 2 of Schedule 1,

(g)  the load on the trailer that forms part of the combination must include only items that are associated with the operation of the mobile crane.

cl 15A: Ins 2006 (578), Sch 1 [3].

16 Class 1 permits

(1)  A Class 1 permit granted under clause 15 (3) must specify the following:

(a)  the Class 1 vehicles to which it applies,

(b)  the areas or routes to which it applies,

(c)  the provisions of Schedule 1 or the Road Transport (Vehicle Registration) Regulation 2007 from which exemption is given,

(d)  the conditions of the exemption,

(e)  how long it is to remain in force.

(1A)  A Class 1 permit granted under clause 15 (5) must specify the following:

(a)  the mobile crane to which it applies,

(b)  the areas or routes to which it applies,

(c)  that the exemption is given in respect of clause 21 of Schedule 2,

(d)  the conditions of the exemption (including, but not limited to, the conditions specified in clause 15A),

(e)  how long it is to remain in force.

(2)  Without limiting subclause (1) or (1A), the conditions of a Class 1 permit must include all the conditions set out in Parts 6 and 7 of Schedule 2.

(3)  The conditions in Schedule 2 may be incorporated in the permit by referring to them rather than by setting them out in full.

(4)  Without limiting subclause (1), the conditions of a Class 1 permit may include a condition that a vehicle to which it applies, and any operator or driver of the vehicle, must participate in a program involving the use of an intelligent transport system to monitor compliance with the permit.

cl 16: Am 2006 (578), Sch 1 [4]–[6]; 2006 No 86, Sch 2 [3]; 2007 (521), Sch 1 [1].

17 Areas and roads

For the purposes of a Class 1 notice or permit, the Authority may designate categories of areas and roads, and, in particular, it may determine that an area or road or part of a road is in category 1, 2 or 3 in Table 7 of Schedule 2.

Division 4 Class 2 vehicles

18 Application of Division

This Division applies only to a restricted access vehicle that complies with the mass and dimension limits prescribed in the Road Transport (Vehicle Registration) Regulation 2007 and Schedule 1 (except as provided in paragraph (b) of the definition of restricted access vehicle) (a Class 2 vehicle) and is:

(a)  a B-double, or

(b)  a road train, or

(c)  a controlled access bus not more than 14.5 m long, or

(d)  a combination carrying vehicles on more than one deck that, together with its load, meets one or both of the following criteria:

(i)  its height exceeds 4.3 m but does not exceed 4.6 m,

(ii)  its length exceeds 19 m, or

(e)  a single motor vehicle, or a combination, that exceeds 4.3 m, but does not exceed 4.6 m, in height and is built to carry cattle, sheep, pigs or horses.

Note—

The axle load limits specified in Schedule 1 also apply to Class 2 vehicles.

cl 18: Am 2007 (521), Sch 1 [1].

19 Notice or permit required

A person must not drive or operate a Class 2 vehicle except in accordance with a notice issued, or a permit granted, under this Division.

Maximum penalty: 30 penalty units.

20 Class 2 notices

The Authority may, by a Class 2 notice published in the Gazette, specify areas and routes in or on which all Class 2 vehicles, or specified categories of Class 2 vehicle, may operate.

21 Class 2 permits

(1)  A person may apply to the Authority for a Class 2 permit to operate a Class 2 vehicle in an area or on a route that is not included in a Class 2 notice.

(2)  An application for a permit must be in writing and in a form approved by the Authority.

(3)  The Authority may grant a Class 2 permit to operate a Class 2 vehicle in an area or on a route that is not included in a Class 2 notice.

22 Conditions of a Class 2 notice or permit

(1)  The Authority may issue a Class 2 notice or grant a Class 2 permit subject to a condition relating to any or all of the following:

(a)  the areas or routes to which it applies,

(b)  if the route includes a bridge, culvert, causeway or road-ferry—the speed at which that part of that route may be used or entered, the portion of any part of that route to be used and the absence of other traffic before such use or entry,

(c)  time of day during which the vehicle is not permitted to operate,

(d)  in the case of a combination—axle spacings,

(e)  in the case of a road train—the total mass limit of the road train,

(f)  the maximum permitted speed applicable to the vehicle in the areas or on the routes to which it applies,

(g)  the use of intelligent transport systems.

(2)  The routes may be designated by reference to a map published by the Authority from time to time or by notice published in the Gazette by the Authority.

Note—

Maps will be made available at RTA offices.

(3)  The routes designated in the maps referred to may also be varied by notice published in the Gazette by the Authority.

(4)  The Authority may issue a Class 2 notice or Class 2 permit subject to a condition that a vehicle to which it applies, and any operator or driver of the vehicle, must participate in a program involving the use of an intelligent transport system to monitor compliance with the notice or permit.

cl 22: Am 2006 No 86, Sch 2 [4].

23 Form of Class 2 notices and permits

(1)  A Class 2 notice or a Class 2 permit must specify the following:

(a)  the Class 2 vehicles to which it applies,

(b)  the conditions of the notice or permit,

(c)  how long it is to remain in force,

(d)  in the case of a permit—the registration number (if any) of the vehicle to which the permit relates and the name and address of the person to whom the permit is granted.

(2)  A Class 2 permit may be granted for one or more Class 2 vehicles but must, in any case, specify:

(a)  the registration number (if any) of each motor vehicle, or

(b)  in the case of a combination—the registration number (if any) of the front primemover,

to which the permit relates.

Division 5 Class 3 vehicles

24 Application of Division

This Division applies only to restricted access vehicles other than Class 1 vehicles or Class 2 vehicles (Class 3 vehicles).

25 Exemption by notice in Gazette

(1)  The Authority may, by a Class 3 notice published in the Gazette, exempt specified categories of Class 3 vehicles from:

(a)  a mass or dimension requirement in Schedule 1, other than a requirement that relates to a GVM, GCM or manufacturer’s limit, or

(b)  a dimension limit in the Road Transport (Vehicle Registration) Regulation 2007.

(2)  The Authority may issue a Class 3 notice subject to conditions, including conditions as to the areas or routes to which the notice applies.

(2A)  The Authority may issue a Class 3 notice subject to a condition that a vehicle to which it applies, and any operator or driver of the vehicle, must participate in a program involving the use of an intelligent transport system to monitor compliance with the notice.

(3)  The Authority may, by a Class 3 notice published in the Gazette, specify areas and routes in or on which all Class 3 vehicles, or specified categories of Class 3 vehicle, may operate.

Note—

Clause 90 of the Road Transport (Vehicle Registration) Regulation 2007 provides that a person or vehicle is exempted from a dimension limit or any other requirement of that Regulation if that person or vehicle is exempted from that limit or requirement under this Regulation.

cl 25: Am 2006 No 86, Sch 2 [5]; 2007 (521), Sch 1 [1].

26 Compliance with conditions of notice or permit required

If a Class 3 vehicle is driven in contravention of a condition of a notice issued, or a permit granted in respect of the vehicle, under this Division, both the driver and the operator of the vehicle are guilty of an offence.

Maximum penalty: 30 penalty units.

cl 26: Am 2006 (25), Sch 1 [2].

27 Exemption by permit

(1)  A person may apply to the Authority for a permit exempting a Class 3 vehicle from a requirement of Schedule 1 or the Road Transport (Vehicle Registration) Regulation 2007.

(2)  An application for a Class 3 permit must be in writing and in a form approved by the Authority.

(3)  The Authority may grant a Class 3 permit exempting one or more Class 3 vehicles from:

(a)  a mass or dimension requirement of Schedule 1, other than a requirement that relates to a GVM, GCM or manufacturer’s limit, or

(b)  a dimension limit in the Road Transport (Vehicle Registration) Regulation 2007.

(4)  The Authority may grant a Class 3 permit subject to a condition that the vehicle to which it applies, and any operator or driver of the vehicle, must participate in a program involving the use of an intelligent transport system to monitor compliance with the permit.

cl 27: Am 2006 No 86, Sch 2 [6]; 2007 (521), Sch 1 [1].

28 Form of Class 3 notices or permits

(1)  A Class 3 notice or a Class 3 permit must specify the following:

(a)  the Class 3 vehicles to which it applies,

(b)  the provisions of Schedule 1 and the Road Transport (Vehicle Registration) Regulation 2007 from which exemption is given,

(c)  the conditions of the notice or permit,

(d)  how long it is to remain in force,

(e)  in the case of a permit—the registration number (if any) of the vehicle to which the permit relates and the name and address of the person to whom the permit is granted.

(2)  A Class 3 permit may be granted for one or more Class 3 vehicles but must, in any case, specify:

(a)  the registration number (if any) of each motor vehicle, or

(b)  in the case of a combination—the registration number (if any) of the front primemover,

to which the permit relates.

cll 28: Am 2007 (521), Sch 1 [1].

29 Issuing a Class 3 notice or permit

(1)  Except as provided by subclauses (2)–(4), the conditions of a Class 3 notice or Class 3 permit must ensure that a single motor vehicle, or a combination, operating under the notice or permit is so configured and loaded that:

(a)  the mass on each single axle and axle group is not more than 10% in excess of the limit specified in Schedule 1 for that single axle or axle group, and

(b)  a dimension limit in Schedule 1 and the Road Transport (Vehicle Registration) Regulation 2007 is not exceeded by more than 10%.

(2)  In the case of a combination, if each of the individual vehicles that make up the combination, together with any load, comply in all respects with the mass and dimension limits of Schedule 1 and the Road Transport (Vehicle Registration) Regulation 2007, the conditions of a Class 3 notice or Class 3 permit may allow an increase in the total length limit or the total mass limit, or both, prescribed in that Schedule and that Regulation for the combination as a whole.

(3)  Subclause (1) does not apply to a Class 3 notice or a Class 3 permit if:

(a)  the travel under the notice or permit:

(i)  is connected with the operation of a particular facility such as a mine or port, or

(ii)  takes place mainly on roads the primary purpose of which is to serve the needs of such a facility, and

(b)  either:

(i)  the notice or permit is not likely to affect road transport to, from or within another State or Territory, or

(ii)  the States and Territories likely to be affected have reached agreement on the terms of the notice or permit.

(4)  Subclause (1) does not apply to a Class 3 notice or a Class 3 permit that relates to the operation of a B-double or road train in the following circumstances:

(a)  a trailer forming part of the B-double or road train is carrying one or more large indivisible items,

(b)  the carrying of more than one large indivisible item does not cause the vehicle or combination and its load to exceed a dimension limit in Schedule 1 or the Road Transport (Vehicle Registration) Regulation 2007 that would not have been exceeded by the carrying of only one of the large indivisible items,

(c)  but for the large indivisible items, the B-double or road train and any load being carried would comply with the mass and dimension limits in Schedule 1.

(5)  If a Class 3 notice or Class 3 permit is likely to affect road transport to, from or within another State or Territory, the Authority must consult with the corresponding Authority of that other State or Territory and must issue the notice or grant the permit only on conditions that are agreed with that corresponding Authority.

(6)  The Authority must give particulars, in writing, to the corresponding Authority of each other State and Territory and to the National Transport Commission of any scheme under which a Class 3 notice or Class 3 permit is to remain in force for more than 6 months.

(7)  The particulars referred to in subclause (6) must be given within 28 days of the publication of the notice or grant of the permit.

cll 29: Am 2007 (521), Sch 1 [1].

Division 6 Towing restrictions for vehicles other than restricted access vehicles

30 Application of Division

This Division applies in respect of a combination consisting of:

(a)  an articulated vehicle drawing any other vehicle, or

(b)  any other motor vehicle drawing more than one other vehicle,

being a combination that (alone or together with its load) does not constitute a restricted access vehicle.

31 Definition

In this Division:

tractor has the same meaning as it has in the Road Transport (Vehicle Registration) Regulation 2007.

cll 31: Am 2007 (521), Sch 1 [1].

32 Certain combinations not to be used without permission

(1)  Except as provided by this Division, a combination to which this Division applies must not stand or be driven on a road or road-related area.

(2)  If a combination or vehicle stands or is driven on a road or road related area in contravention of this clause, each of the following persons is guilty of an offence:

(a)  the owner of any vehicle in the combination concerned,

(b)  the driver of any vehicle in the combination concerned.

Maximum penalty: 30 penalty units.

33 Exempt combinations

Clause 32 does not apply to or in respect of any of the following combinations if they comply with the mass and dimension requirements specified in Schedule 1:

(a)  a tractor-harvester-cutting-head trailer combination,

(b)  a tractor with multiple implements attached, if those implements are normally used as one unit when performing agricultural operations,

(c)  a tractor and implement combination towing a fuel trailer or a laser tower,

(d)  an articulated low-loader consisting of a prime mover towing a converter dolly and a semi-trailer,

(e)  a B-double or a road train that complies with the applicable vehicle standards for B-doubles or road trains specified in Schedule 2 to the Road Transport (Vehicle Registration) Regulation 2007.

cl 33: Am 2007 (521), Sch 1 [2].

34 Exemption by notice in Gazette

(1)  The Authority may, by notice published in the Gazette, exempt a combination to which this Division applies from the operation of clause 32.

(2)  Any such notice must specify:

(a)  the conditions (if any) of the exemption, and

(b)  how long it is to remain in force.

(3)  If a combination or vehicle stands or is driven on a road or road-related area in contravention of the conditions of a notice referred to in subclause (1), each of the following persons is guilty of an offence:

(a)  the owner of any vehicle in the combination concerned,

(b)  the driver of any vehicle in the combination concerned.

Maximum penalty: 30 penalty units.

35 Exemption by permit

(1)  A person may apply to the Authority for a permit granting a particular combination full or limited exemption from the operation of clause 33.

(2)  The Authority may issue a permit.

(3)  An application for a permit under this Part must be in writing and in a form approved by the Authority.

(4)  A permit issued under this Part must specify the following:

(a)  the combination to which it applies,

(b)  the registration number (if any) of the front prime mover of that combination,

(c)  the conditions (if any) of the permit,

(d)  how long it is to remain in force.

(5)  If a combination or vehicle stands or is driven on a road or road-related area in contravention of the conditions of a permit issued under this clause, each of the following persons is guilty of an offence:

(a)  the owner of any vehicle in the combination concerned,

(b)  the driver of any vehicle in the combination concerned.

Maximum penalty: 30 penalty units.

Division 7 General

36 Permits and notices relating to eligible vehicles

(1)  The Authority may issue a permit to allow an eligible vehicle (within the meaning of clause 7 of Schedule 1) to operate on a route specified in the permit, being a route that includes roads other than those specified in the notice referred to in clause 7 (1) (d) of Schedule 1.

(2)  A vehicle that is operated under a permit issued under this clause must meet any other requirements specified by the Authority in that permit.

(3)  A permit is issued subject to any conditions specified in it.

(3A)  Without limiting subclause (3), the Authority may issue a permit subject to a condition that the vehicle to which it applies, and any operator or driver of the vehicle, must participate in a program involving the use of an intelligent transport system to monitor compliance with the permit.

(4)  The Authority may, by a notice published in the Gazette for the purposes of this clause, require eligible vehicles (within the meaning of clause 7 of Schedule 1) to comply with the conditions set out in the notice.

cl 36: Am 2006 No 86, Sch 2 [7].

37 Permit application fees

(1)  The fee for the issue of a Class 1, 2 or 3 permit or a permit under Division 6 or this Division is $65.

(2)  The Authority may, for any reason the Authority considers sufficient, exempt a person from the requirement to pay a fee in relation to a Class 1, 2 or 3 permit, or waive or wholly or partly refund a fee that would otherwise be payable or has been paid in accordance with this clause.

cl 37: Am 2006 (330), Sch 1 [1]; 2007 (303), Sch 1 [1].

Part 3 Road trains

38 Application of Part

This Part applies to vehicles or combinations of any mass.

39 Gross road train mass rating

(1)  Subject to subclause (2), the gross road train mass rating for the hauling unit of any road train is the lesser of:

(a)  the GCM of the hauling unit, or

(b)  the gross road train mass, as determined by the Authority, or

(c)  the strength rating of the tow coupling, or fifth wheel assembly of the hauling unit, determined in accordance with Part 10 of Schedule 2 to the Road Transport (Vehicle Registration) Regulation 2007, or

(d)  for other road trains—the maximum gross mass of the drawing vehicle specified in the Australian Design Rules (Third Edition).

(2)  The gross road train mass rating for the hauling unit of any road train which has a gross road train mass not exceeding 42.5 tonnes is the GCM of the hauling unit.

(3)  A person must not drive any road train on a road or road related area if the gross road train mass of that road train exceeds the gross road train mass rating for the hauling unit of that road train as determined in accordance with this clause.

Maximum penalty: 20 penalty units.

cll 39: Am 2007 (521), Sch 1 [2].

40 Tracking of component vehicles

A person must not drive any road train on a road or road related area, unless every component vehicle (except the hauling unit) comprising the road train, when that road train is driven on a level smooth surface, tracks in the path of the hauling unit of that road train without shifting or swerving in excess of 100 mm on either side of the path of that hauling unit when it is travelling in a straight line.

Maximum penalty: 20 penalty units.

41 Capacity of tow couplings

A person must not drive or cause or permit to be driven on a road or road related area a road train:

(a)  fitted with a tow coupling or towing eye where the total mass of the road train components rearward of that tow coupling or towing eye exceeds the capacity of that tow coupling or towing eye determined in accordance with Part 10 of Schedule 2 to the Road Transport (Vehicle Registration) Regulation 2007, or

(b)  fitted with a fifth wheel assembly and turntable where the total mass of the road train components rearward of that fifth wheel assembly and turntable exceeds the capacity of that fifth wheel assembly and turntable determined in accordance with Part 10 of Schedule 2 to the Road Transport (Vehicle Registration) Regulation 2007, or

(c)  fitted with a fifth wheel king pin where the total mass of the road train components rearward of that fifth wheel king pin exceeds the capacity of that fifth wheel king pin determined in accordance with Part 10 of Schedule 2 to the Road Transport (Vehicle Registration) Regulation 2007.

Maximum penalty: 20 penalty units.

cll 41: Am 2007 (521), Sch 1 [2].

42 Length of road trains

(1)  A person must not drive on a road or road related area a road train that has a length greater than:

(a)  53.5 m, or

(b)  if the Authority has made a determination under subclause (2)—the length so determined in relation to the road trains or areas concerned.

(2)  The Authority may determine a maximum length, being a length less than 53.5 m, for:

(a)  road trains with certain configurations, or

(b)  road trains when in certain areas.

Part 4 Mass, dimension and load requirements for light vehicles

Division 1 Preliminary

43 Application of Part

This Part applies to any vehicle or combination having a GVM or GCM not exceeding 4.5 tonnes.

Division 2 Mass limits for certain motor lorries and certain trailers

44 Definitions

In this Division:

existing motor lorry means any motor lorry for which a New South Wales registration was in force on 1 January 1995 (as long as that registration has continued in force from that day without a break, including continuation by renewal or re-issue of the registration).

motor lorry means any motor vehicle (whether or not in combination with any trailer) that is constructed principally for the conveyance of goods or merchandise or for the conveyance of any kind of materials used in any trade, business or industry, or for use in any work other than the conveyance of persons, but does not include a motor bike or a tractor.

visiting motor lorry means a vehicle temporarily in New South Wales that is a motor lorry.

45 Application of Division

This Division applies to motor lorries (including articulated vehicles), but does not apply to any of the following:

(a)  a caravan,

(b)  a station wagon,

(c)  a trailer that weighs not more than 250 kilograms when unladen, is used principally or solely for the carriage of camping equipment, a boat or other materials used in connection with tours for recreational purposes, and is not used in the course of trade or business,

(d)  an excavator, road grader, road roller, bulldozer, or other machinery or apparatus, that cannot carry a load (other than any tools, spare parts, fuel, water, oil, or other accessories, used in connection with the vehicle).

cl 45: Am 2007 (521), Sch 1 [3].

46 Act provisions also apply

Nothing in this Division authorises a person to drive or use a motor lorry, or cause a motor lorry to be driven or used, in contravention of any provision of the Act or of any regulation in force under the Act.

47 Mass limits not to be exceeded

(1)  A person must not drive a motor lorry on a road or road related area if the combined mass of the motor lorry and its load exceeds the lorry’s mass limit.

(2)  A person does not contravene a requirement of this clause if:

(a)  the motor lorry is driven in accordance with the prior written permission of the Authority and any conditions set out in the same document containing the permission, and

(b)  a copy of that document is carried by the driver of the motor lorry when driving the lorry otherwise than in accordance with subclause (1).

48 Mass limits to be marked on motor lorries over 2 tonnes (except trailers)

(1)  A person must not drive a motor lorry on a road or road related area unless the lorry is marked in accordance with this clause. However, this clause does not apply to a lorry that has an unladen mass of 2 tonnes or less or that is a trailer.

Maximum penalty: 20 penalty units.

(2)  A motor lorry (except a motor lorry to which subclause (3) or (4) applies) is marked in accordance with this clause if:

(a)  the word “Tare” or the letter “T”, followed by the unladen mass (in kilograms) of the lorry, is displayed on the right hand side (the off-side) of the lorry, and

(b)  there are displayed immediately under that matter the words “gross vehicle mass” or letters “GVM” (or, in the case of an articulated vehicle, the words “gross combination mass” or letters “GCM”) followed by the mass limit in kilograms that applies to the lorry, and

(c)  the displayed matter is displayed in numerals, and block letters, at least 50 mm high, and clearly legible at a distance of 5 m.

(3)  An existing motor lorry (except one for which a mass limit has been determined under clause 49) is marked in accordance with this clause if:

(a)  the word “Tare” or the letter “T”, followed by the unladen mass (in kilograms) of the lorry, is displayed on the right hand side (the off-side) of the lorry, and

(b)  the word “Aggregate” or the letter “A” is displayed immediately under that matter, followed by the mass limit in kilograms that applies to the lorry, and

(c)  the displayed matter is displayed in numerals, and block letters, at least 50 mm high, and clearly legible at a distance of 5 m.

(4)  A visiting motor lorry is marked in accordance with this clause if its tare mass and maximum laden mass are displayed in accordance with the law for the time being in force in the State or Territory where the lorry is registered.

49 Mass limits for motor lorries (except existing motor lorries)

(1)  For the purposes of this Division, the mass limit of a motor lorry (except an existing motor lorry) is:

(a)  the GVM of the lorry, except in the case of an articulated vehicle, or

(b)  in the case of an articulated vehicle, the GCM of the motor lorry.

(2)  For the purposes of subclause (1), the GVM or GCM of a motor lorry that has not been altered since manufacture is the mass recorded for that type of motor lorry by the Authority as the GVM or GCM, respectively.

(3)  However, if the Authority has not recorded a GCM for a type of motor lorry that is an articulated vehicle, but the Authority has recorded a GVM for its type of prime mover as a standard table top motor lorry, for the purposes of subclause (1) the GCM of the articulated vehicle (if unaltered since manufacture) is 1.67 times the GVM recorded for that type of standard table top motor lorry.

(4)  In the case of a motor lorry (except an existing motor lorry) that has been altered since manufacture or (though unaltered since manufacture) is one to which no mass applies as referred to in subclause (2) or (3), the mass limit of the lorry is that determined under clause 52 (or, in the case of a visiting motor lorry, in accordance with the law for the time being in force in the State or Territory where the lorry is registered).

50 Mass limits for existing motor lorries

(1)  For the purposes of this Division, the mass limit of an existing motor lorry is its aggregate weight, taken as the aggregate weight that was in force for the lorry immediately before 1 January 1995 under Regulation 120A of the Motor Traffic Regulations 1935 (as in force immediately before that date).

(2)  However, if since that aggregate weight was determined, the lorry has been altered (whether before, on or after 1 January 1995), the mass limit of the lorry is to be the mass limit determined under clause 51.

51 Determination of different mass limits

(1)  The Authority may determine a mass limit for a motor lorry (except a visiting motor lorry):

(a)  if the lorry is not an existing motor lorry and no mass limit applies to the lorry under clause 49 (2) or (3), or

(b)  if the lorry is an existing motor lorry and has been altered as referred to in clause 49 (2), or

(c)  if the mass limit of the motor lorry applying under an earlier determination under this clause is no longer in accordance with the safe working limits of the motor lorry (for example, if the lorry has been altered since that determination was made), or

(d)  on application by the owner of the motor lorry if the Authority is satisfied that the motor lorry has been so altered as to alter its safe loading limits.

(2)  A determination under this clause must be based on the construction and componentry of the lorry.

(3)  The Authority must serve on the owner of a motor lorry notice of any determination made under this clause in respect of the lorry or of any refusal by the Authority of an application by the owner under subclause (1) (d).

(4)  A determination under this clause takes effect when notice of it is served by the Authority on the owner of the motor lorry or from such later date as may be specified in the notice.

52 Authority may require information or certificate

(1)  The Authority may, by written notice to the owner of a motor lorry, require the owner to provide the Authority within a period specified in the notice with such information in respect of the motor lorry or its equipment as the Authority requires in the notice.

(2)  If the Authority determines a mass limit for a motor lorry under clause 51, it may require the owner of the lorry to forward to the Authority the certificate of registration of the lorry for endorsement (or cancellation and re-issue) under this clause.

(3)  The Authority may endorse on a certificate of registration of a motor lorry (or cancel and re-issue such a certificate with) a mass limit determined by the Authority under clause 51. The Authority is to forward the certificate to the owner once it has so endorsed or re-issued it.

(4)  An owner of a motor lorry must not fail to comply with a requirement under this clause without reasonable excuse.

Maximum penalty: 20 penalty units.

Division 3 Dimension requirements

53 Projection of loading or equipment of vehicles

(1)  A person must not drive on a road or road related area:

(a)  any motor vehicle (not being a motor bike or a mobile crane that is 9.5 m or less in length) if the loading or equipment on the vehicle or any trailer drawn by the vehicle:

(i)  projects more than 1.2 m in front of the headlights of the motor vehicle if the motor vehicle is not a mobile crane, or

(ii)  projects more than 3.5 m in front of the steering wheel of the motor vehicle if the motor vehicle is a mobile crane, or

(iii)  in the case of a vehicle not exceeding 9.5 m in length or a trailer, projects more than 1.2 m to the rear of the motor vehicle or trailer, except as provided by subclause (2), or

(iv)  in the case of a vehicle exceeding 9.5 m in length, projects to the rear of the vehicle beyond a point which is 4 m from the rear overhang line, or

(v)  projects more than 150 mm beyond the extreme outer portion of either side of the vehicle or trailer, but nothing in this subparagraph applies to any rear vision mirror, signalling device, side mounted lamp or tyre pressure monitoring system permitted by the Road Transport (Vehicle Registration) Regulation 2007 to be fitted to the vehicle, or

(b)  any motor bike without a sidecar attached if any loading or equipment on the motor bike projects more than 150 mm in front of the outer extremity of the front wheel or more than 300 mm behind the outer extremity of the rear wheel or the loading projects beyond the extreme outer portion of the cycle on either side, or

(c)  any motor bike with a sidecar attached if:

(i)  any part of the vehicle or its loading or equipment projects more than 600 mm in front of the outer extremity of the front wheel or more than 900 mm behind the outer extremity of the rear wheel of the motor bike, or

(ii)  the loading projects beyond the extreme outer portion of the vehicle on either side, or

(d)  any articulated vehicle first registered on or after 1 January 1960, not being a vehicle to which a pole type trailer is attached, if any part of the semi-trailer or its loading or equipment projects more than 1.9 m radially forward of the axis of the pivot pin, or

(e)  any articulated vehicle that exceeds 19 m in length, or

(f)  any motor vehicle and trailer combination that exceeds:

(i)  25 m in length—in the case of a combination (other than a B-double or road train) that is designed to carry vehicles on more than one deck, or

(ii)  19 m in length—in any other case.

(2)  It is not a contravention of subclause (1) (a) (iii) for any loading or equipment to project more than 1.2 m to the rear of a motor vehicle or any trailer drawn by the vehicle if:

(a)  the overall length of the vehicle or of the combination of vehicle and trailer, together with the loading or equipment on it, is within the relevant limit fixed by Schedule 2 to the Road Transport (Vehicle Registration) Regulation 2007, and

(b)  there is carried at the extreme rear of the loading or equipment a red flag or other suitable object, in either case not less than 300 mm square, and the flag or object is kept clearly visible as a warning to persons on the roadway in the near vicinity of the vehicle or trailer, and

(c)  between the hours of sunset and sunrise or when there is insufficient daylight to render a person dressed in dark clothing clearly discernible at a distance of 100 m, there is affixed at the extreme rear of the loading or equipment:

(i)  a lighted lamp showing a clear red light to the rear, visible under normal atmospheric conditions at a distance of 200 m, or

(ii)  not less than two reflectors capable of projecting a red reflection of light from the light of any following vehicle.

(3)  For the purpose of subclauses (1) (a) (iii) and (2), equipment includes the pole of a pole type trailer.

(4)  If any portion of the loading or equipment of a motor vehicle or of any trailer drawn by the vehicle projects in a manner so that it would not be readily visible to any person following immediately behind the vehicle, the driver of the vehicle must:

(a)  by means of a red flag or other suitable object, in either case not less than 300 mm square, mark the end of the loading or equipment so that it may be clearly visible to persons in its vicinity, and

(b)  between the hours of sunset and sunrise or when there is insufficient daylight to render a person dressed in dark clothing discernible at a distance of 100 m, cause to be attached to the extreme rear of the loading or equipment a lighted lamp or reflectors as prescribed by subclause (2) (c).

Maximum penalty: 20 penalty units.

cl 53: Am 2007 (521), Sch 1 [1] [2].

54 Exemption by notice in Gazette

(1)  The Authority may, by notice published in the Gazette, exempt a person or class of persons from the operation of any of the provisions of clause 53 (1).

(2)  Any such notice must specify:

(a)  the conditions (if any) of the exemption, and

(b)  how long it is to remain in force.

55 Exemption by permit

(1)  A person may apply to the Authority for a permit exempting the person from the operation of any of the provisions of clause 53 (1).

(2)  The Authority may issue the permit.

(3)  An application for a permit must be in writing and in a form approved by the Authority.

(4)  The permit must set out the conditions (if any) of the exemption.

(5)  The fee for the issue of a permit under this clause is $65.

(6)  The Authority may, for any reason the Authority considers sufficient, exempt a person from the requirement to pay the fee specified in subclause (5), or waive or wholly or partly refund a fee that would otherwise be payable or has been paid in accordance with this clause.

cl 55: Am 2006 (330), Sch 1 [2]; 2007 (303), Sch 1 [2].

Part 5 Mass, dimension, load and other requirements applicable to all vehicles

Division 1 Preliminary

56 Application

This Part applies to vehicles or combinations of any mass.

Division 2 Mass requirements

57 Loads on light traffic thoroughfares, bridges and roads

(1)  For the purposes of section 28 of the Act, any notice that is required to be conspicuously displayed, must either:

(a)  display the words “BRIDGE LOAD LIMIT” or “ROAD LOAD LIMIT”, or

(b)  be in or similar to the following form (a limit notice):

(2)  A notice that displays the words “BRIDGE LOAD LIMIT” or “ROAD LOAD LIMIT” prohibits the passage, from a direction facing the notice, of a vehicle or combination if:

(a)  the total mass of the vehicle or combination exceeds the gross mass indicated by the sign, or

(b)  the mass carried by an axle or axle group of the vehicle or combination exceeds the mass indicated by the sign for that kind of axle or axle group.

(3)  A limit notice prohibits the passage, from a direction facing the notice, of a vehicle or combination exceeding the total mass indicated by the notice.

(4)  A limit notice or a notice in a similar form (whether erected before or after the commencement of this Regulation) does not prohibit any person from driving a vehicle along or over a public road (or any bridge or causeway forming part of a public road) if the destination of the vehicle lies in or on the road (or bridge or causeway) and there is no alternative route by which to reach that destination.

58 Special mass limits

(1)  In any special case, or where the provisions of this Regulation do not apply to a vehicle, a roads authority may fix a maximum axle load, maximum loaded mass or other load limit for the vehicle.

(2)  Any such load or limit must be:

(a)  notified in writing to the owner of the vehicle to which it applies, or

(b)  published in the Gazette or in a local newspaper circulated in the locality to which the limit applies.

(3)  A limitation referred to in subclause (2) is taken to be imposed by this Regulation.

(4)  A person must not fail to comply with the terms of any notification issued for the purposes of this clause.

59 Mass limits for three-wheeled vehicles and cycles

A person must not drive on a road or road related area any three-wheeled motor vehicle if the mass of the load of the vehicle exceeds the mass that the vehicle is capable of carrying as stated in the certificate of registration for the vehicle.

Maximum penalty: 20 penalty units.

60 Lower limit to apply if multiple mass requirements

If more than one mass limit applies to a vehicle or combination, or part of a vehicle or combination, the lower mass limit must be complied with.

Division 3 Other requirements

61 Load requirements

(1)  A load on a vehicle or a trailer must not be placed in a way that makes the vehicle unstable or unsafe.

(2)  A load on a vehicle or a trailer must be secured so that it is unlikely to fall or be dislodged from the vehicle.

(3)  An appropriate method must be used to restrain the load on a vehicle.

(4)  In proceedings for a contravention of a requirement under this clause, it is sufficient for the prosecution to prove that the load on the vehicle was not placed, secured or restrained (as the case requires) in a way that met the performance standards recommended in the Load Restraint Guide: Guidelines and performance standards for the safe carriage of loads on road vehicles, Second Edition, as published by the National Transport Commission in April 2004.

Note—

Copies of the Load Restraint Guide: Guidelines and performance standards for the safe carriage of loads on road vehicles, Second Edition, are available from the RTA offices.

(5)  In proceedings for a failure to comply with this clause, a document purporting to be the Load Restraint Guide referred to subclause (4) is taken to be the Load Restraint Guide, unless the document is proved by the defendant not to be the Load Restraint Guide.

(6)  If the prosecution in proceedings for a contravention of a requirement under subclause (2) proves that the load, or part of the load, had fallen off the vehicle, the burden of proof is on the defendant to show compliance.

62 Driver to have sufficient control

A person must not drive on a road or road related area any motor vehicle:

(a)  if the vehicle is so constructed, equipped or loaded or if anything is attached to the vehicle in such a manner as to prevent the driver from having a sufficient view of traffic on either side of the vehicle and in all directions in front of the vehicle to enable the driver to drive the vehicle with safety, or

(b)  that is a motor bike if the motor bike is so constructed, equipped or loaded or if anything is attached to the motor bike in such a manner as to prevent the driver from having a view of the approach of any overtaking vehicle, or

(c)  if the person is prevented from safely driving or controlling the vehicle or any trailer or other vehicle attached to the motor vehicle by reason of the weight or dimensions of the loading or equipment of the towing vehicle or trailer or other towed vehicle or the manner in which the loading or equipment is placed on or attached to the towing vehicle or trailer or other towed vehicle.

Maximum penalty: 20 penalty units.

Division 4 Checking and measuring procedures

63 Exercise of direction powers by authorised officers

(1)  An authorised officer exercising a function under Division 2 of Part 4.2 of the Act must, if the officer has been authorised to exercise his or her powers by a roads authority, wear a badge or other distinguishing mark given to the officer by a roads authority for the purpose of indicating his or her authority.

(2)  Without limiting section 140 of the Act, for the purposes of exercising a power to direct a vehicle to stop under Part 4.2 of the Act, an authorised officer may direct the driver of a vehicle to stop:

(a)  by displaying a notice (whether or not it is illuminated) containing at least the word “STOP” and, if the officer has been authorised to exercise his or her powers by a roads authority, the name of that authority, and

(b)  at a place on a road on or near if there is checking station indicated by a notice clearly displayed up on or near the roadway.

(3)  The notice may be held by hand, erected on or near a road, or displayed (whether electronically or otherwise) on a vehicle and, if it is an illuminated notice, may be switched on by an officer whether or not the officer is in the immediate vicinity of the sign at the time.

(4)  An authorised officer may also direct the driver of a vehicle to stop by clearly displaying a notice displaying the words “DIVERT TO HEAVY VEHICLE CHECKING STATION”, “DIVERT TO CHECKING STATION” or similar words.

(5)  However, a direction referred to in subclause (4) is to be taken not to have been given if there is displayed in or in the vicinity of the notice referred to in subclause (2) the word “CLOSED”.

(6)  If only vehicles of a particular class are required to stop, the notice referred to in subclause (2) must indicate the GVM mass limit of the vehicles to which the notice applies.

64 Method of determining wheel loads

(1)  For the purpose of determining the wheel load of a wheel of a motor vehicle or a trailer, the wheel is to be weighed (alone or together with any other wheel or wheels forming an axle group of which the wheel the weight of which is being determined forms part) in such a way that the wheel or wheels are weighed together with the portion of the vehicle and load supported by the wheel or wheels.

(2)  If the wheel load of a wheel is determined under subclause (1) by weighing the wheel with other wheels, the load of the wheel the load of which is being determined is the mass of all the wheels so weighed divided by the number of wheels so weighed.

65 Method of determining axle loads

For the purpose of determining the axle load of an axle or axle group of a motor vehicle or trailer, either of the following methods may be used:

(a)  the wheel loads of all wheels on the axle or in the axle group may be added together,

(b)  if the mass of the vehicle together with any load that it supports is known—the axle loads of all single axles and all the axle groups other than the axle or group the load of which is being determined are to be subtracted from that mass.

66 Method of determining total mass

For the purpose of determining the total mass of a vehicle or combination, either of the following methods may be used:

(a)  the axle loads of all the single axles and all the axle groups of a vehicle or combination may be added together,

(b)  all the wheels of the vehicle or combination, together with the vehicle and any added load supported by the wheels, may be weighed simultaneously on a weighing device or weighing devices.

67 Weighing devices

If a weighing device being used for the purpose of determining a wheel load, an axle load or a total mass in accordance with this Regulation shows a mass in excess of the weight for which the weighing device has been verified under the Trade Measurement Act 1989, the load on the weighing device when so used is, for the purposes of this Regulation, taken to be the weight for which the weighing device has been so verified.

Part 6 Mass Management Accreditation Scheme

68 Application for accreditation

(1)  A registered operator of a heavy vehicle may apply to the Authority to be accredited under a Mass Management Accreditation Scheme.

(2)  An application for accreditation must be in a form approved by the Authority and be accompanied by an application fee of:

(a)  $79, and

(b)  $26 for each nominated vehicle that will be the subject of the accreditation.

(3)  The Authority may, for any reason the Authority considers sufficient, exempt a person from the application fee referred to in subclause (2), or waive or wholly or partly refund a fee that would be otherwise payable or has been paid in accordance with this clause.

cl 68: Am 2006 (330), Sch 1 [3] [4]; 2007 (303), Sch 1 [3] [4].

69 Accreditation under Scheme

(1)  The Authority may accredit a registered operator under a Mass Management Accreditation Scheme in relation to one or more nominated heavy vehicles, if the Authority is satisfied that:

(a)  the operator is of suitable character and is competent to carry out the operator’s responsibilities under the Scheme, and

(b)  the nominated vehicles comply with the requirements of the Scheme.

(2)  An accreditation may be issued conditionally or unconditionally, as the Authority considers appropriate, in relation to the Scheme.

(3)  The Authority may refuse to accredit a registered operator if the Authority is not satisfied that the registered operator, or the relevant nominated vehicle or vehicles, meet the requirements of the Scheme.

(4)  An accreditation has a duration of either 2 or 3 years, as may be specified in the instrument of accreditation.

70 Accreditation label

If the Authority accredits a registered operator under a Mass Management Accreditation Scheme, every nominated vehicle under that accreditation must be affixed with an accreditation label in the form and manner specified by the Authority.

71 Variation, suspension and cancellation of accreditation

(1)  Subject to this clause, the Authority may vary, suspend or cancel a registered operator’s accreditation under a Mass Management Accreditation Scheme, if:

(a)  the Authority is, for any reason, of the opinion that the operator is not a fit and proper person to continue to be accredited, or

(b)  the registered operator has failed to comply with a condition of the accreditation, or

(c)  a nominated vehicle of the registered operator does not comply with the requirements of the Scheme, or

(d)  a review of the operator’s activities reveals non-compliance with requirements of the Scheme.

(2)  Before varying, suspending or cancelling a registered operator’s accreditation under a Mass Management Accreditation Scheme on the ground referred to in subclause (1) (a), the Authority must give the operator notice in writing that advises the registered operator of:

(a)  the proposed decision and the reasons for it, and

(b)  the date that the proposed decision will take effect, and

(c)  the registered operator’s right to a review of the decision by one or more officers of the Authority appointed for the purpose (an internal review), and

(d)  the registered operator’s right, after an internal review is finalised, to appeal against the decision to a Local Court.

(3)  Before varying, suspending or cancelling a registered operator’s accreditation under a Mass Management Accreditation Scheme on a ground referred to in subclause (1) (b), (c) or (d), the Authority must give the operator notice in writing that advises the registered operator of:

(a)  the proposed decision and the reasons for it, and

(b)  the action to be taken by the operator to avoid the variation, suspension or cancellation and the date by which such action must be taken, and

(c)  the matters referred to in subclause (2) (c) and (d).

(4)  The notice referred to in subclause (3) must also advise the registered operator that if the action referred to in subclause (3) (b) is not taken within 28 days after the date specified in the notice for that purpose, the variation, suspension or cancellation will then take effect.

(5)  A variation, suspension or cancellation takes effect:

(a)  in the case of a variation, suspension or cancellation on the ground referred to in subclause (1) (a)—on the date specified in the notice referred to in subclause (2), and

(b)  in the case of a variation, suspension or cancellation on a ground referred to in subclause (1) (b), (c) or (d)—if the action required to be taken to avoid the variation, suspension or cancellation has not been taken within the period specified in the notice referred to in subclause (3), at the end of that period.

(6)  However:

(a)  an application for an internal review of a decision to vary, suspend or cancel an accreditation that is duly lodged in accordance with clause 72 operates as a stay of the decision pending the determination of the review, and

(b)  a notice of appeal against a decision to cancel an accreditation that is duly lodged in accordance with clause 28 of the Road Transport (General) Regulation 2005 operates as a stay of the decision pending the determination of the appeal.

72 Internal review of variation, suspension or cancellation of accreditation

(1)  Any registered operator aggrieved by a decision of the Authority to vary, suspend or cancel the registered operator’s accreditation under the Mass Management Accreditation Scheme may apply for an internal review of the decision under this clause (an internal review).

(2)  An application for an internal review is:

(a)  to be in writing in the form approved by the Authority, and

(b)  to specify an address in Australia to which a notice under subclause (7) may be sent, and

(c)  to be lodged with the Authority within 28 days after the registered operator was given the notice under clause 71 of the decision to vary, suspend or cancel the operator’s accreditation, and

(d)  to comply with such other requirements as may be set out in the approved form in respect of the making of applications for internal reviews.

(3)  An application for an internal review is to be dealt with by an officer or a panel of two of more officers of the Authority (other than the officer who made the original decision) who is directed to do so by the Authority (the internal review officer or panel).

(4)  In reviewing a decision, the internal review officer or panel is to consider any relevant material submitted by the registered operator.

(5)  Following the internal review of the decision, the internal review officer or panel may:

(a)  confirm the decision, or

(b)  vary the decision, or

(c)  set aside the decision and make an alternative decision.

(6)  In exercising a function under this clause, an internal review officer or panel is taken to have the functions of the officer who made the decision being reviewed.

(7)  As soon as practicable (and in any event within 28 days) after the completion of an internal review of a decision, the Authority must notify the registered operator in writing of:

(a)  the outcome of the internal review, and

(b)  the reasons for the decision in the internal review, and

(c)  the right of the registered operator to appeal against the decision to the Local Court.

(8)  If the Authority does not notify the registered operator of the outcome of the review within 28 days after the application for the internal review has been lodged (or such other period as the Authority and registered operator have agreed on), the decision being reviewed is taken to be confirmed.

(9)  An internal review is taken to be finalised if:

(a)  the registered operator is notified of the outcome of the review under subclause (7), or

(b)  the decision being reviewed is taken to be confirmed under subclause (8).

(10)  A person is not entitled to a review under this clause of any decision previously reviewed under this clause.

Part 6A Intelligent access programs

Division 1 Preliminary

pt 6A, divs 1–5 (cll 72A–72ZF): Ins 2006 No 86, Sch 2 [8].

72A Application of Part

This Part applies to an operator or driver of a vehicle, and a vehicle, if a notice, permit or exemption under this Regulation or an exemption under the Act affecting the vehicle is subject to a condition requiring participation in a program involving the use of an intelligent transport system to monitor compliance with the notice, permit or exemption.

pt 6A, divs 1–5 (cll 72A–72ZF): Ins 2006 No 86, Sch 2 [8].

72B Definitions

(1)  In this Part:

auditor means a person appointed by TCA to conduct intelligent access audits.

concession means a notice, permit or exemption under this Regulation, or an exemption under the Act, that is subject to an intelligent access condition.

intelligent access audit—see clause 72ZB.

intelligent access condition means a condition requiring participation in a program involving the use of an intelligent transport system to monitor compliance with a notice, permit or condition.

intelligent access information means information generated or collected for a purpose related to a concession or an intelligent access condition.

intelligent access map—see clause 72C (5).

intelligent access system means an intelligent transport system that is installed in or in relation to a vehicle for the purposes of an intelligent access condition.

non-compliance report means a report generated by an intelligent access system as to any of the following:

(a)  a breach of a condition of a concession,

(b)  apparent tampering with the system, being a report electronically generated by the system itself.

operator of a vehicle has the same meaning as it has in Chapter 3 of the Act.

personal information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

service provider means the provider of an intelligent transport system.

tampering offence means an offence under clause 72F.

TCA means Transport Certification Australia Ltd ACN 113 379 936.

(2)  For the purposes of this Part, an intelligent transport system malfunctions if:

(a)  it ceases to work at all or works only intermittently, or

(b)  it does not perform one or more functions required for the purpose of the relevant intelligent access condition or performs any such function intermittently, or

(c)  it performs any such function in a way that produces inaccurate or unreliable results or does so intermittently.

(3)  For the purposes of the application of this Part to the use or disclosure by a person or body of personal information, an intelligent access program identifying number or code issued by the Authority for a vehicle is taken to be personal information if it becomes known to the person or body and that person or body has the ability to associate it with a particular individual.

pt 6A, divs 1–5 (cll 72A–72ZF): Ins 2006 No 86, Sch 2 [8].

Division 2 Intelligent access programs

pt 6A, divs 1–5 (cll 72A–72ZF): Ins 2006 No 86, Sch 2 [8].

72C Condition requiring participation in intelligent access program

(1)  An intelligent access condition may specify the following matters:

(a)  the intelligent transport systems that may be installed in or in relation to a vehicle for the purposes of the condition,

(b)  the service provider or providers from whom any such intelligent transport system is to be obtained,

(c)  the roads or other places on which and the periods during which the vehicle is to be monitored by the intelligent transport system,

(d)  the matters that are to be monitored, and the information that is to be provided, by the intelligent transport system,

(e)  the period within which the intelligent transport system must generate, and send to the Authority, a non-compliance report after the system detects a breach of the conditions of the concession or a suspected tampering offence.

(2)  Nothing in this clause limits the matters that may be specified in an intelligent access condition.

(3)  The Authority must not specify an intelligent transport system for the purposes of an intelligent access condition unless the system is certified by TCA for that purpose.

(4)  The Authority must not specify a service provider for the purposes of an intelligent access condition unless the service provider is the holder of a current certification by TCA as a service provider.

(5)  It is a condition of a concession that an intelligent transport system installed in accordance with an intelligent access condition to which the concession is subject is to use, as its spatial data set for roads, the spatial data set issued by TCA from time to time for use with intelligent access systems (the intelligent access map).

pt 6A, divs 1–5 (cll 72A–72ZF): Ins 2006 No 86, Sch 2 [8].

72D Operational functions of TCA

TCA has the following functions for the purpose of managing the certification and auditing of intelligent access programs on behalf of the Authority:

(a)  the certification and cancellation of the certification of service providers and intelligent transport systems,

(b)  the appointment and coordination of auditors,

(c)  the consideration of reports by auditors,

(d)  any functions ancillary to the other functions specified in this clause.

pt 6A, divs 1–5 (cll 72A–72ZF): Ins 2006 No 86, Sch 2 [8].

Division 3 Operation of intelligent access systems

pt 6A, divs 1–5 (cll 72A–72ZF): Ins 2006 No 86, Sch 2 [8].

72E Malfunction reporting obligations

(1)  If the operator of a vehicle becomes aware that an intelligent access system fitted to or in relation to the vehicle is malfunctioning, the operator must notify the Authority of the malfunction immediately, orally or by facsimile or email.

(2)  If the driver of a vehicle becomes aware that an intelligent access system fitted to or in relation to the vehicle is malfunctioning, the driver must notify the operator of the vehicle of the malfunction immediately, orally or by facsimile or email.

(3)  An operator or driver of a vehicle who notifies a malfunction must keep a written record of the notification, containing the following:

(a)  the date, time and type of the malfunction,

(b)  the location of the vehicle at the time of the malfunction,

(c)  the name of the person who made the notification and of the person to whom the notification was made.

(4)  An operator or driver of a vehicle who makes a record under subclause (3) must retain it for 4 years after it is made.

Maximum penalty: 60 penalty units.

pt 6A, divs 1–5 (cll 72A–72ZF): Ins 2006 No 86, Sch 2 [8].

72F Tampering with intelligent transport systems

(1)  A person who:

(a)  engages in conduct that has the result that:

(i)  an intelligent access system is altered, or

(ii)  an intelligent access system is installed or used in a way that is not in accordance with any condition of its certification by TCA, or

(iii)  any data instruction that an intelligent access system uses internally is altered, and

(b)  engages in the conduct intending to cause the system to fail to collect, store or report intelligent access information, or to fail to do so correctly,

is guilty of an offence.

(2)  A person who engages in conduct and is negligent or reckless as to whether, as a result of the conduct, an intelligent transport system may fail to collect, store or report intelligent access information, or to fail to do so correctly, is guilty of an offence.

(3)  In this clause:

fail, in relation to a system, means that the system does not perform as intended in terms of accuracy, timeliness, reliability, verifiability or any other performance parameter and includes a permanent, temporary or occasional failure.

Maximum penalty:

(a)  first offence—100 penalty units, or

(b)  subsequent offence—200 penalty units.

pt 6A, divs 1–5 (cll 72A–72ZF): Ins 2006 No 86, Sch 2 [8].

72G Tampering must be reported to Authority by service providers and TCA

(1)  A service provider or TCA must report to the Authority in accordance with this clause if the service provider or TCA knows, or has reasonable grounds to suspect, that a tampering offence has been committed.

Maximum penalty (subclause (1)):

(a)  first offence—100 penalty units, or

(b)  subsequent offence—200 penalty units.

(2)  A report by a service provider must be in the form approved by TCA and must contain any information regarding the offence required by TCA.

(3)  A report by a service provider or TCA must be made not later than 5 business days after the service provider or TCA first knows, or has reasonable grounds to suspect, that a tampering offence has been committed.

(4)  A service provider or TCA must not disclose to any person other than the Authority:

(a)  that the provider or TCA knows, or has reasonable grounds to suspect, that a tampering offence has been committed, or

(b)  that a report has been made by the service provider or TCA under this clause, or

(c)  any information from which the person to whom the disclosure is made could reasonably infer that the provider or TCA had that knowledge or suspicion or had made such a report.

Maximum penalty (subclause (4)):

(a)  first offence—100 penalty units, or

(b)  subsequent offence—200 penalty units.

(5)  For the purposes of subclause (1), knowledge or suspicion does not include knowledge or suspicion resulting only from:

(a)  a report, contained in a non-compliance report or otherwise made by an intelligent access system, of the electronic detection of apparent tampering with that system, or

(b)  the analysis of data produced by such a system.

pt 6A, divs 1–5 (cll 72A–72ZF): Ins 2006 No 86, Sch 2 [8].

72H Tampering and other matters must be reported by auditors

(1)  An auditor who knows, or has reasonable grounds to suspect, that a tampering offence has been committed, must report the alleged offence:

(a)  in the case of an offence or suspected offence by an operator or driver, to the Authority, or

(b)  in the case of an offence or suspected offence by a service provider, to TCA.

(2)  An auditor who knows, or has reasonable grounds to suspect, that a service provider the subject of an audit by the auditor has contravened this Part (other than by committing a tampering offence) must report the contravention or suspected contravention to TCA.

Maximum penalty:

(a)  first offence—100 penalty units, or

(b)  subsequent offence—200 penalty units.

pt 6A, divs 1–5 (cll 72A–72ZF): Ins 2006 No 86, Sch 2 [8].

72I Non-compliance reports must be made to Authority by service provider

(1)  A service provider must make a non-compliance report to the Authority in accordance with this clause if:

(a)  the service provider’s monitoring equipment detects a breach of a concession by the operator of a vehicle, or

(b)  the service provider knows of anything that indicates that an operator may have breached a concession, or

(c)  the service provider’s monitoring equipment electronically generates a report about an apparent tampering offence.

Maximum penalty (subclause (1)):

(a)  first offence—100 penalty units, or

(b)  subsequent offence—200 penalty units.

(2)  A non-compliance report must be made:

(a)  in the form approved by TCA and contain any information required by TCA, and

(b)  within the time specified by the Authority by notice published in the Gazette.

pt 6A, divs 1–5 (cll 72A–72ZF): Ins 2006 No 86, Sch 2 [8].

72J Provision of false or misleading information to service provider by operator

(1)  An operator of a vehicle is guilty of an offence if:

(a)  the operator, or a person on behalf of the operator, gives information to a service provider with whom the operator has entered into an agreement for the provision of an intelligent access system, and

(b)  the information is relevant to the operation of the vehicle, and

(c)  the operator knows that the information is false or misleading in a material particular or the operator knowingly omits anything without which the information is false or misleading in a material particular.

(2)  An operator of a vehicle is guilty of an offence if:

(a)  the operator, or a person on behalf of the operator, gives information to a service provider intending that the service provider will enter into an agreement for the provision of an intelligent access system in reliance on the information, and

(b)  the operator knows that the information is false or misleading in a material particular or the operator knowingly omits anything without which the information is false or misleading in a material particular.

Maximum penalty: 100 penalty units.

pt 6A, divs 1–5 (cll 72A–72ZF): Ins 2006 No 86, Sch 2 [8].

72K Provision of false or misleading information by service provider

A service provider is guilty of an offence if:

(a)  the service provider gives information to the Authority or TCA, and

(b)  the information is relevant to the operation of a vehicle to which a concession applies, and

(c)  the service provider knows that the information is false or misleading in a material particular or the service provider knowingly omits anything without which the information is false or misleading in a material particular.

Maximum penalty: 100 penalty units.

pt 6A, divs 1–5 (cll 72A–72ZF): Ins 2006 No 86, Sch 2 [8].

Division 4 Collection, storage, use and disclosure of intelligent access information

pt 6A, divs 1–5 (cll 72A–72ZF): Ins 2006 No 86, Sch 2 [8].

72L Application of Division

The provisions of this Division are in addition to any other law.

pt 6A, divs 1–5 (cll 72A–72ZF): Ins 2006 No 86, Sch 2 [8].

72M Driver to be informed about operation of intelligent access system

(1)  An operator (not being the driver) of a vehicle must, before the vehicle begins a journey, inform the vehicle’s driver, in accordance with this clause, of the following:

(a)  that the vehicle will be monitored by a service provider,

(b)  what information will be collected by the service provider,

(c)  the purposes for which the information is collected,

(d)  the persons and authorities to which the information may be disclosed,

(e)  that the collection of the information is authorised by this Regulation,

(f)  that the driver has the rights of reasonable access to, and of correction of, any personal information collected and how those rights may be exercised,

(g)  the name and address of the service provider,

(h)  the driver’s obligation under this Regulation to report malfunctions to the operator and how to make those reports.

Maximum penalty: 100 penalty units.

(2)  An operator must inform the driver by placing a notice containing the information in the vehicle’s driving cab in a place where it is clearly visible.

(3)  An operator must also inform the driver by including the information in writing in any contract of employment between the driver and the operator.

pt 6A, divs 1–5 (cll 72A–72ZF): Ins 2006 No 86, Sch 2 [8].

72N Use or disclosure of information by operator about driver not at work

An operator of a vehicle must not use or disclose any intelligent access information about a driver of the vehicle if the information is obtained during any period when the driver is not at work for the driver’s employer (within the meaning of section 5 of the Workplace Surveillance Act 2005).

Maximum penalty: 100 penalty units.

pt 6A, divs 1–5 (cll 72A–72ZF): Ins 2006 No 86, Sch 2 [8].

72O Information offences by service providers

(1)  A service provider must not collect, store, use or disclose intelligent access information otherwise than as required or permitted by or under this Regulation or any other law.

Maximum penalty (subclause (1)):

(a)  first offence—100 penalty units, or

(b)  subsequent offence—200 penalty units.

(2)  A service provider must take reasonable steps to ensure that the intelligent access information it collects:

(a)  is necessary for, or is directly related to, the purpose for which it is collected, or a directly related purpose, and

(b)  is not excessive for that purpose, and

(c)  is accurate, up-to-date, complete and not misleading.

Maximum penalty (subclause (2)): 50 penalty units.

(3)  A service provider must keep:

(a)  a copy of a non-compliance report made under this Part, and

(b)  the data relied on to generate the report,

for at least 4 years after the report is made by the service provider.

(4)  A service provider must take reasonable steps to destroy intelligent access information, other than information referred to in subclause (3), not later than one year after the information is collected.

Maximum penalty (subclauses (3) and (4)): 100 penalty units.

pt 6A, divs 1–5 (cll 72A–72ZF): Ins 2006 No 86, Sch 2 [8].

72P Collection, storage, use and disclosure of intelligent access information by service providers

(1)  A service provider may collect, store and use intelligent access information for compliance purposes.

(2)  A service provider may disclose intelligent access information to the Authority, or to TCA, for compliance purposes.

(3)  A service provider may disclose intelligent access information about an operator of a vehicle to the operator but must not disclose a non-compliance report.

(4)  A service provider may disclose intelligent access information about an operator of a vehicle (other than a non-compliance report) to another person if:

(a)  the operator consents, and

(b)  the information does not identify any individual or contain anything by which the identity of an individual can reasonably be ascertained.

(5)  A service provider may use or disclose intelligent access information that includes personal information about a person with the consent of the person.

pt 6A, divs 1–5 (cll 72A–72ZF): Ins 2006 No 86, Sch 2 [8].

72Q Information offences by TCA

(1)  TCA must not collect, store, use or disclose intelligent access information otherwise than as required or permitted by or under this Regulation or any other law.

Maximum penalty (subclause (1)):

(a)  first offence—100 penalty units, or

(b)  subsequent offence—200 penalty units.

(2)  TCA must take reasonable steps to ensure that personal information that it collects is accurate, up-to-date, complete and not misleading.

Maximum penalty (subclause (2)): 50 penalty units.

pt 6A, divs 1–5 (cll 72A–72ZF): Ins 2006 No 86, Sch 2 [8].

72R Collection, storage, use and disclosure of intelligent access information by TCA

(1)  TCA may collect, store, use and disclose intelligent access information for the performance of its functions and for compliance purposes.

(2)  TCA may disclose intelligent access information about an operator of a vehicle to the operator but must not disclose a non-compliance report.

(3)  TCA may use or disclose intelligent access information about the operator of a vehicle (other than a non-compliance report) for any purpose if:

(a)  the operator consents, and

(b)  the information does not identify any individual or contain anything by which the identity of any individual can reasonably be ascertained.

(4)  TCA may disclose intelligent access information relating to an operator of a vehicle to an auditor or the Authority.

(5)  TCA may use or disclose intelligent access information that includes personal information about a person with the consent of the person.

(6)  TCA may use or disclose intelligent access information for research purposes, but only if the information contains no personal information or with the consent of any person about whom the information includes personal information.

(7)  TCA must not disclose information relating to a breach of a service provider’s obligations, other than to the Authority or an auditor.

pt 6A, divs 1–5 (cll 72A–72ZF): Ins 2006 No 86, Sch 2 [8].

72S Information offences by auditors

(1)  An auditor must not collect, store, use or disclose intelligent access information otherwise than as required or permitted by or under this Regulation or any other law.

Maximum penalty (subclause (1)):

(a)  first offence—100 penalty units, or

(b)  subsequent offence—200 penalty units.

(2)  An auditor must take reasonable steps to ensure that intelligent access information it collects:

(a)  is necessary for, or is directly related to, the purpose for which it is collected, or a directly related purpose, and

(b)  is not excessive for that purpose, and

(c)  is accurate, up-to-date, complete and not misleading.

Maximum penalty (subclause (2)): 50 penalty units.

pt 6A, divs 1–5 (cll 72A–72ZF): Ins 2006 No 86, Sch 2 [8].

72T Auditors’ powers to collect, store, use and disclose intelligent access information

(1)  An auditor may collect, store, use and disclose intelligent access information for the following purposes:

(a)  the performance of functions under this Part,

(b)  to report a breach of a concession or a suspected tampering offence to the Authority or TCA,

(c)  to report to TCA a failure by a service provider to comply with its obligations under this Part.

(2)  An auditor may collect intelligent access information that is reasonably necessary to enable the auditor to carry out and report on an intelligent access audit of a service provider.

(3)  An auditor must not use or disclose information relating to an operator of a vehicle, other than to the operator, TCA or the Authority.

(4)  An auditor must not disclose information relating to a breach of a concession or a tampering offence, other than to the Authority or TCA.

(5)  An auditor may use or disclose intelligent access information with the consent of any person about whom the information includes personal information.

pt 6A, divs 1–5 (cll 72A–72ZF): Ins 2006 No 86, Sch 2 [8].

72U Obligations of TCA and auditors as to accuracy and other matters in relation to use or disclosure

TCA or an auditor must not use or disclose intelligent access information unless it first takes reasonable steps to ensure that, having regard to the purpose for which the information is to be used or disclosed, the information is accurate, up-to-date, complete and not misleading.

Maximum penalty: 50 penalty units.

pt 6A, divs 1–5 (cll 72A–72ZF): Ins 2006 No 86, Sch 2 [8].

72V Obligations of service providers, TCA and auditors to keep information secure

(1)  A service provider, TCA or an auditor must take reasonable steps to protect intelligent access information collected by it against unauthorised access, unauthorised use, misuse, loss, modification or unauthorised disclosure.

(2)  TCA or an auditor must take reasonable steps to destroy intelligent access information after one year unless the information is required as evidence in court proceedings.

(3)  TCA or an auditor may comply with subclause (1) by permanently removing anything by which an individual can be identified from the intelligent access information it holds.

(4)  TCA or an auditor must not fail to comply with this clause.

Maximum penalty: 50 penalty units.

pt 6A, divs 1–5 (cll 72A–72ZF): Ins 2006 No 86, Sch 2 [8].

72W Information management policies and disclosure to individuals by service providers and TCA

(1)  Each service provider and TCA must prepare, and make publicly available, a policy on the management of information by the service provider or TCA.

(2)  On a request by an individual, a service provider, TCA or an auditor must take reasonable steps to inform the individual of the following:

(a)  the kinds of information held about the individual,

(b)  the purpose for which the information is held,

(c)  the way in which the information is collected, held, used and disclosed,

(d)  the persons and authorities to whom or to which the information may be disclosed,

(e)  the individual’s rights of reasonable access to, and correction of, the information,

(f)  how to exercise those rights.

(3)  On a request by an individual, a service provider, TCA or an auditor must give the individual access to personal information held about the individual by the service provider, TCA or the auditor and must do so without undue delay or cost.

Maximum penalty (subclauses (1), (2) and (3)): 10 penalty units.

(4)  Nothing in this clause requires a service provider to inform an individual that a non-compliance report or a report about a tampering offence has been made about the individual or to give the individual access to any such report.

pt 6A, divs 1–5 (cll 72A–72ZF): Ins 2006 No 86, Sch 2 [8].

72X Records of collection, use and disclosure of information by service providers, TCA and auditors

(1)  A service provider, TCA or an auditor must make a record of intelligent access information it uses or discloses, containing the following:

(a)  the name of the person who used or disclosed the information,

(b)  the date of the disclosure or use,

(c)  in the case of a disclosure, the person or body to whom or to which the information was disclosed,

(d)  in the case of the use of information, a brief description of how the information was used,

(e)  what provision of this Regulation or what other law permitted the use or disclosure,

(f)  a copy of any document authorising the use or disclosure.

(2)  The service provider, TCA or the auditor must:

(a)  make the record within 5 business days after the relevant use or disclosure, and

(b)  make the record in a form that allows it to be readily inspected, and

(c)  retain the record for 2 years.

(3)  A service provider must keep a record, in a form approved by TCA, of intelligent access information that it collects.

(4)  A service provider, TCA or an auditor must not fail to comply with this clause.

Maximum penalty:

(a)  first offence—100 penalty units, or

(b)  subsequent offence—200 penalty units.

pt 6A, divs 1–5 (cll 72A–72ZF): Ins 2006 No 86, Sch 2 [8].

72Y Correction of personal information

(1)  An individual may request a service provider, TCA or an auditor to make appropriate alterations to personal information about the individual held by the service provider, TCA or the auditor.

(2)  If so requested, the service provider, TCA or the auditor must make appropriate alterations to ensure that the information is accurate, up-to-date, complete and not misleading.

(3)  If the service provider, TCA or the auditor considers that the information is not inaccurate, out-of-date, incomplete or misleading, it may refuse to comply with the request and must:

(a)  give the individual a statement in writing of its reasons for refusing, and

(b)  if the individual so requests, attach to, or include with, the information a statement by him or her.

(4)  An individual whose request is refused under this clause may apply for a review of the decision to:

(a)  in the case of a decision by a service provider or an auditor—TCA, or

(b)  in the case of a decision by TCA—the Authority.

(5)  On a review, TCA or the Authority may direct the original decision-maker to make specified alterations to the information.

(6)  A service provider, TCA or an auditor must not fail to comply with a direction given to the service provider, TCA or auditor under subclause (5).

Maximum penalty (subclauses (2), (3) and (6)): 50 penalty units.

pt 6A, divs 1–5 (cll 72A–72ZF): Ins 2006 No 86, Sch 2 [8].

Division 5 General

pt 6A, divs 1–5 (cll 72A–72ZF): Ins 2006 No 86, Sch 2 [8].

72Z Application of Workplace Surveillance Act 2005

Section 18 of the Workplace Surveillance Act 2005 applies to the use or disclosure of intelligent transport systems for the purposes of this Part, but does not prevent the collection, storage, use or disclosure of information in accordance with this Part.

pt 6A, divs 1–5 (cll 72A–72ZF): Ins 2006 No 86, Sch 2 [8].

72ZA Records to be kept

(1)  TCA must keep and retain records, in accordance with this clause, of its transactions with the Authority, service providers and auditors.

(2)  TCA must keep:

(a)  a non-compliance record or a report made under clause 72G for at least 4 years after receiving it, and

(b)  any other record referred to in subclause (1) for at least one year after it is made.

(3)  An auditor must keep and retain records of its transactions with service providers and TCA.

(4)  An auditor must keep the record for at least one year after it is made.

(5)  TCA or an auditor must not fail to comply with this clause.

Maximum penalty: 5 penalty units.

(6)  This clause has effect despite any other provision of this Part.

pt 6A, divs 1–5 (cll 72A–72ZF): Ins 2006 No 86, Sch 2 [8].

72ZB Intelligent access audits

(1)  An auditor may carry out an intelligent access audit.

(2)  A service provider must not fail to give an auditor access to any record kept by the service provider for the purposes of this Part, if required to do so by the auditor for the purposes of an intelligent access audit.

Maximum penalty: 5 penalty units.

(3)  For the purposes of this Part, an intelligent access audit is the process of:

(a)  reviewing intelligent access information held by a service provider to determine its completeness and reliability, and

(b)  reviewing the processes by which that information was collected, and

(c)  examining how it is stored, used and disclosed, and

(d)  examining intelligent access system equipment installed in or in relation to a vehicle or used by a service provider, and

(e)  reporting to TCA on any such review or examination.

pt 6A, divs 1–5 (cll 72A–72ZF): Ins 2006 No 86, Sch 2 [8].

72ZC Certificate evidence by Authority of matters relating to concessions and intelligent access information and other matters

(1)  A certificate purporting to have been issued by the Authority, and stating any of the following, is admissible in any proceedings and is prima facie evidence of the matter stated in it:

(a)  that a specified person, vehicle or combination was or was not subject to a specified intelligent access condition at a specified time or during a specified period,

(b)  that a specified person was or was not the operator of a specified vehicle or combination at a specified time or during a specified period,

(c)  that a specified non-compliance report, report of tampering or auditor’s report has been received, or was received at a specified time or during a specified period, by the Authority in relation to an intelligent transport system fitted to or in relation to a vehicle to which a specified concession applied, or has not been received,

(d)  that a report of a specified malfunction was received by a specified person at a specified time or during a specified period, or has not been received,

(e)  that no report of a malfunction has been received, or had been received at a specified time, by the Authority in relation to an intelligent transport system fitted to or in relation to a specified vehicle,

(f)  that a specified form has been approved in accordance with this Part for a specified purpose,

(g)  that a specified mathematical (including statistical) procedure was carried out in relation to intelligent access information specified or referred to in the certificate and the results of doing so.

(2)  A procedure referred to in a certificate referred to in subclause (1) (g) is presumed (unless evidence sufficient to raise a doubt about the presumption is adduced) to be valid and reliable for the purpose for which it was used and to have been carried out correctly.

pt 6A, divs 1–5 (cll 72A–72ZF): Ins 2006 No 86, Sch 2 [8].

72ZD Certificate evidence by TCA

(1)  A certificate purporting to have been issued by TCA, and stating that a particular map is the intelligent access map as issued by TCA at a specified time or during a specified period, is admissible in any proceedings and is conclusive evidence of the matter stated in it.

(2)  The map referred to in a certificate under subclause (1) may be in the form of an electronic data file.

(3)  A certificate purporting to have been issued by TCA, and stating the following, is admissible in any proceedings and is prima facie evidence of the matter stated in it:

(a)  that a particular intelligent transport system is or is not, or was or was not at a specified time or during a specified period, an intelligent transport system certified by TCA for the purposes of this Part,

(b)  that at a specified time or during a specified period a specified person was or was not a service provider certified by TCA or an auditor appointed by TCA for the purposes of this Part.

pt 6A, divs 1–5 (cll 72A–72ZF): Ins 2006 No 86, Sch 2 [8].

72ZE Evidentiary presumptions

(1)  The intelligent access map, as issued by TCA at a specified time or during a specified period, is presumed (unless evidence sufficient to raise doubt about the presumption is adduced) to be a correct representation of the national road network at the time of its issue.

(2)  The equipment and software that make up an intelligent access system is presumed (unless evidence sufficient to raise doubt about the presumption is adduced) to have operated correctly on any particular occasion.

(3)  A statement of a vehicle’s position on the surface of the earth at a particular time, in a non-compliance report or otherwise generated or produced by means of an intelligent access system is presumed (unless evidence sufficient to raise doubt about the presumption is adduced) to be a correct statement of the vehicle’s position at the time.

(4)  It is presumed (unless evidence sufficient to raise doubt about the presumption is adduced):

(a)  that intelligent access information generated by an intelligent access system is correctly generated, and

(b)  that intelligent access information generated by an intelligent access system is correctly recorded, and

(c)  that intelligent access information generated by an intelligent access system is not changed by being stored.

(5)  If it is established that some intelligent access information has been changed by being stored, the presumption in subclause (4) (c) continues to apply to any other stored intelligent access information.

pt 6A, divs 1–5 (cll 72A–72ZF): Ins 2006 No 86, Sch 2 [8].

72ZF Evidentiary matters relating to reports

(1)  This clause applies to the following reports:

(a)  a non-compliance report,

(b)  a report made in accordance with this Part by a service provider as to a suspected tampering offence,

(c)  a report made by an intelligent access system setting out intelligent access information.

(2)  A report:

(a)  is admissible in evidence, and

(b)  is prima facie evidence of the facts stated in it, and

(c)  is presumed (unless evidence sufficient to raise doubt about the presumption is adduced) to be a correct report of information generated and recorded by the intelligent access system concerned.

(3)  If it is established that a part of such a report is not a correct report of the relevant part of the intelligent access information as so recorded, the presumption in subclause (2) (c) continues to apply to the remainder of the report.

pt 6A, divs 1–5 (cll 72A–72ZF): Ins 2006 No 86, Sch 2 [8].

Part 7 Miscellaneous

73 Keeping documents

(1)  The driver of a vehicle or a combination must carry in the driving compartment:

(a)  a copy of any notice or permit given under this Regulation under which the vehicle or the combination is operating, or

(b)  an information sheet issued by the Authority setting out the obligations imposed under the notice.

Maximum penalty: 30 penalty units.

(2)  Subclause (1) does not apply if the notice or permit states that the subclause does not apply.

74 Failure of a pilot or escort vehicle to comply with a requirement

(1)  If a pilot vehicle:

(a)  accompanies an oversize vehicle or combination that is contravening a condition of a Class 1 notice or permit, a Class 2 notice or permit or a Class 3 notice or permit, or

(b)  does not comply with a requirement of Part 5 of Schedule 2,

its driver, and the operator of the oversize vehicle or combination it is accompanying, are each guilty of an offence.

(2)  If an escort vehicle does not comply with a requirement of Part 5 of Schedule 2, its driver, and the operator of the oversize vehicle or combination it is accompanying, are each guilty of an offence.

Maximum penalty: 30 penalty units.

75 Exemptions in emergencies

(1)  In an emergency such as a fire, explosion or natural disaster, the Authority may exempt a vehicle or combination, or its driver or owner, from a requirement of this Regulation if:

(a)  the vehicle or combination is being used, or is intended to be used, to protect life or property, or to restore communication or the supply of energy or water or services such as sewage disposal, and

(b)  the exemption does not present an unreasonable danger to other road users.

(2)  In an emergency such as a fire, explosion or natural disaster (including a drought), the Authority may exempt a single motor vehicle or a combination, or its driver or owner, from a requirement of this Regulation if the Authority is satisfied that:

(a)  the exemption will not result in an unreasonable danger to other road users, and

(b)  the single motor vehicle or the combination is being used, or is intended to be used, to protect life or property, or to restore communication or the supply of energy or water or services such as sewage disposal, or to provide drought relief.

(3)  An exemption may be subject to conditions imposed by the Authority.

(4)  The Authority must make a written record of the exemption, and any conditions of the exemption, but may cause it to be communicated orally to the owner or driver.

76 Repeal and savings provisions

(1)  The Road Transport (Mass, Loading and Access) Regulation 1996 is repealed.

(2)  Any act, matter or thing that, immediately before the repeal of the Road Transport (Mass, Loading and Access) Regulation 1996, had effect under that Regulation is taken to have effect under this Regulation.

(3)  Without limiting subclause (2), a notice or permit issued under the Road Transport (Mass, Loading and Access) Regulation 1996 is taken to have been issued under this Regulation.

Schedule 1 Mass and loading requirements for heavy vehicles

(Clause 8)

Part 1 Mass limits

1 Mass limit for a single vehicle

The total mass of a vehicle and any load must not exceed the vehicle’s GVM.

2 Mass limits for tyres, wheels and axles

(1)  The wheel load or axle load must not exceed the limit set by its manufacturer.

(2)  The mass on a tyre must not exceed the greatest load capacity determined for the tyre by the manufacturer at a cold inflation pressure that does not exceed:

(a)  825 kilopascals for a radial ply tyre, or

(b)  700 kilopascals for any other tyre.

(3)  The mass on an axle group or single axle must not exceed the limit provided for it in Table 1.

(4)  The mass limit in Table 1 that applies to an axle group that includes a retractable axle must be determined as if the axle did not exist, unless subclause (5) applies.

(5)  A retractable axle is part of an axle group for the purposes of Table 1 if, when the mass on the group exceeds:

(a)  6 tonnes, in the case of a tandem axle group, or

(b)  11 tonnes, in the case of a tri-axle group,

the tyres on the axle are in contact with the ground and the load-sharing suspension system is operating on each axle (including the retractable axle) and tyre in the group.

(6)  The sum of the mass on the axle groups and single axles on a vehicle or combination must not exceed:

(a)  in the case of a complying bus:

(i)  if the complying bus has two axles—16.0 tonnes, and

(ii)  if the complying bus has a rear tandem axle group fitted with single tyres on one axle and dual tyres on the other axle—20.0 tonnes, and

(iii)  if the complying bus has a rear tandem axle group fitted with dual tyres upon both axles—22.5 tonnes, and

(b)  in the case of an ultra-low floor bus that has no axle groups and only two single axles—16.0 tonnes, and

(c)  in the case of an articulated ultra-low floor bus that has no axle groups and only three single axles—26.0 tonnes, and

(d)  in any other case—the sum of the mass limits of the axle groups and single axles, as provided in Table 1.

(7)  For the purposes of Table 1, the tyre width of a radial ply tyre is the number of millimetres marked on the tyre in the position labelled “Section width in mm” on the diagram below clause 1 (3) of Schedule 2.

(8)  For the purposes of Table 1, the tyre width of a bias-type tyre is the number of millimetres equal to 25.4 times the number marked on the tyre in the position labelled “Width code in inches” on the diagram below clause 1 (4) of Schedule 2.

(9)  If no section width or width code is marked on a tyre, the tyre width for the purposes of Table 1 may be determined by measuring the width of the part of the tyre that normally comes into contact with the road surface.

(10)  In this clause and Table 1, ultra-low floor bus means a bus, including an articulated bus, that:

(a)  is equipped with a stairless entry, and

(b)  is designed to be accessible by wheelchairs, and

(c)  is licensed to carry standing passengers.

Table 1

Mass limits for single axles and axle groups
Description of single axle or axle group	Mass limit (tonnes)
Single axles and single axle groups
Single steer axle on:
(a)  a complying bus	6.5
(b)  any other motor vehicle	6.0
Single axle or single axle group fitted with single tyres with section width of:
(a)  less than 375 mm	6.0
(b)  at least 375 mm but less than 450 mm	6.7
(c)  at least 450 mm	7.0
Single axle or single axle group fitted with dual tyres on:
(a)  a pig trailer	8.5
(b)  a complying bus or a bus licensed to carry standing passengers	10.0
(c)  an ultra-low floor bus that has no axle groups and only two single axles	11.0
(d)  an articulated ultra-low floor bus that has no axle groups and only three single axles	11.0 (but this limit applies to only one single axle fitted with dual tyres per bus)
(e)  any other vehicle	9.0
Twinsteer axle groups
Twinsteer axle group without a load-sharing suspension system	10.0
Twinsteer axle group with a load-sharing suspension system	11.0
Tandem axle groups
Tandem axle group fitted with single tyres with section width of:
(a)  less than 375 mm	11.0
(b)  375 mm or more but less than 450 mm	13.3
(c)  450 mm or more	14.0
Tandem axle group fitted with single tyres on one axle and dual tyres on the other axle on:
(a)  a complying bus	14.0
(b)  any other vehicle	13.0
Tandem axle group fitted with dual tyres on:
(a)  a pig trailer	15.0
(b)  any other vehicle	16.5
Tri-axle groups
Tri-axle group on a vehicle fitted with single tyres with section width of less than 375 mm on all axles, or single tyres on 1 or 2 axles and dual tyres on the other axle or axles	15.0
Tri-axle group on a pig trailer with either single tyres with section width of at least 375 mm, dual tyres on all axles, or a combination of those tyres	18.0
Tri-axle group, on a vehicle other than a pig trailer, with either single tyres with section width of at least 375 mm, dual tyres, or a combination of those tyres	20.0
Quad-axle groups
Quad-axle group fitted with single tyres with section width of less than 375 mm	15.0
Quad-axle group fitted with single tyres with section width of at least 375 mm or dual tyres	20.0

3 Mass limits relating to axle spacing

(1)  If the total mass of a vehicle or a combination cannot lawfully exceed 42.5 tonnes, the mass limits in Part 1 of Table 2 must not be exceeded in relation to the distances set out in that Part that apply to the vehicle or combination.

(2)  If the total mass of a vehicle or a combination cannot lawfully exceed 42.5 tonnes, the mass limits in Part 1 of Table 2 apply to the sum of the masses on each axle group or single axle in the distance referred to in that Part, including the axles between which the distance is measured.

(3)  For any B-double, the mass limits in Part 2 of Table 2 must not be exceeded in relation to the distances set out in that Part that apply to the B-double or any vehicle forming part of it.

(4)  For any B-double, the mass limits in Part 2 of Table 2 apply to the sum of the masses of each axle group or single axle in the distance referred to in that Part, including the axles between which the distance is measured.

(5)  For any road train, the mass limit must not exceed that determined or specified by the Authority.

(6)  For any road train that complies with the limits determined or specified in accordance with subclause (5), the mass limits in Part 3 of Table 2 apply to the sum of the masses of each axle group or single axle in the distance referred to in that Part, including the axles between which the distance is measured.

4 Spacing rules

(1)  A B-double with two tri-axle groups must conform to the formulae:

 
where:

x is the distance in metres between the centres of the closest axles of the second and third axle groups, treating the steer axles as the first axle group and assigning to the next rearmost axle group the description second axle group and to each successive axle group a higher ordinal number.

y is the distance in metres between the centres in the closest axles of the third and fourth axle groups, treating the steer axles as the first axle group and assigning to the next rearmost axle group the description second axle group and to each successive axle group a higher ordinal number.

(2)  The distance between the axles closest to each other in any adjacent multi-axle groups in a B-double must not differ from the distance between the axles closest to each other in any other adjacent multi-axle groups by more than 1 m.

(3)  The total mass of a vehicle, and any load, must not exceed 15 tonnes if the distance between any 2 axles that are not part of the same axle group is less than 2.5 m.

(4)  The total mass of any vehicle that is being towed, and any load, must not exceed 15 tonnes if the distance between the rearmost axle of the preceding vehicle and foremost axle of the succeeding vehicle is less than 2.5 m.

5 Measurement of distances for Table 2

Each distance in Table 2 refers to:

(a)  the distance from the centre of any single axle to the centre of any other single axle, or

(b)  the distance from the centre of any single axle to the centre of the furthest axle in any axle group, or

(c)  the greatest distance between the centres of axles in any 2 axle groups.

Table 2

Part 1—Mass limits relating to axle spacing
Distance (metres) between extreme		Mass limit (tonnes)
Exceeding	Not exceeding
0	3.7	23.0
3.7	3.8	23.5
3.8	4.0	24.0
4.0	4.2	24.5
4.2	4.3	25.0
4.3	4.5	25.5
4.5	4.7	26.0
4.7	4.8	26.5
4.8	5.0	27.0
5.0	5.2	27.5
5.2	5.3	28.0
5.3	5.5	28.5
5.5	5.7	29.0
5.7	5.8	29.5
5.8	6.0	30.0
6.0	6.2	30.5
6.2	6.3	31.0
6.3	6.5	31.5
6.5	6.7	32.0
6.7	6.8	32.5
6.8	7.0	33.0
7.0	7.2	33.5
7.2	7.3	34.0
7.3	7.5	34.5
7.5	7.7	35.0
7.7	7.8	35.5
7.8	8.0	36.0
8.0	8.2	36.5
8.2	8.3	37.0
8.3	8.5	37.5
8.5	8.7	38.0
8.7	8.8	38.5
8.8	9.0	39.0
9.0	9.2	39.5
9.2	9.3	40.0
9.3	9.5	40.5
9.5	9.7	41.0
9.7	9.8	41.5
9.8	10.0	42.0
10.0	—	42.5

Part 2—Mass limits relating to axle spacing—B-doubles
For any B-double, the loaded mass of which can lawfully exceed 42.5 tonnes where the distance between the extreme axles is less than 21 m, the mass limit must not exceed that calculated in accordance with the formula opposite.	where: M is the mass limit in tonnes. L is the distance in metres.
For any B-double, the loaded mass of which can lawfully exceed 42.5 tonnes where the distance between the extreme axles is not less than 21 m, the mass limit must not exceed that specified opposite.	62.5 tonnes
For all B-doubles, the sum of the axle loads in any two or more adjacent axle groups (or of any single axle and the axles in one or more adjacent axle groups) must not exceed that calculated in accordance with the formulae opposite.	For L less than or equal to 11.33 metres:   where: M is the mass limit in tonnes. L is the distance in metres. For L greater than 11.33 metres:   where: M is the mass limit in tonnes. L is the distance in metres.

Part 3—Mass limits relating to axle spacing—Road trains
For any road train the sum of the axle loads of the axles in any two adjacent axle groups (or of any single axle and the axles in an adjacent axle group) must not exceed that calculated in accordance with the formula opposite.	where: M is the mass limit in tonnes. L is the distance in metres.

6 Mass limits for combinations

(1)  The total mass of a combination other than a road train or B-Double, and any load, must not exceed 42.5 tonnes.

(2)  The loaded mass of a dog trailer or pig trailer must not exceed the loaded mass of the towing vehicle.

(3)  The total mass of a combination, and any load, must not exceed the towing vehicle’s GCM.

(4)  If the manufacturer of a motor vehicle forming part of a road train or B-Double has not determined the GCM of the vehicle, the total mass of the combination and any load must not exceed the number of kilograms worked out using the following formula:

 
where:

K means:

(a)  0.055 if a single drive axle is fitted to the motor vehicle, or

(b)  0.053 if a single drive tandem axle group is fitted to the motor vehicle, or

(c)  0.051 if a dual drive tandem axle group is fitted to the motor vehicle.

M means the number of tyre revolutions per kilometre as specified by the tyre manufacturer for the tyres fitted to the driving axle or axles.

R means the overall gear reduction between engine and drive wheels.

T means the maximum engine net torque in newton-m.

7 Higher mass limits

(1)  Despite the other provisions of this Schedule, the axle loads specified in Table 3 apply in respect of an eligible vehicle if all of the following apply:

(a)  the vehicle has road friendly suspension certified in accordance with Vehicle Standards Bulletin No 11 issued by the Department of Transport and Regional Services of the Commonwealth,

(b)  if the axle group on the vehicle is a tri-axle group:

(i)  the operator of the vehicle is an accredited operator, and the vehicle is accredited, under a Mass Management Accreditation Scheme, and

(ii)  a label or some other device (approved by the Authority) that indicates that the vehicle is operating under a Mass Management Accreditation Scheme is prominently displayed in the position required by the scheme,

(c)  the vehicle meets the requirements of an intelligent transport system approved by the Authority,

(d)  the vehicle is operated on roads approved by the Authority and specified in a notice published in the Gazette.

Table 3

Single axle or axle group	Mass limit (tonnes)
Single axle with dual tyres (buses only)	10.0
Tandem axle group fitted with single tyres on one axle and dual tyres on the other axle	14.0
Tandem axle group fitted with dual tyres	17.0
Tri-axle group fitted with dual tyres	22.5

(2)  The total mass of an eligible vehicle must not exceed the lowest of the following:

(a)  the sum of:

(i)  the single axle and single axle group, the twinsteer axle group and the quad-axle group mass limits in Table 1, and

(ii)  the axle and axle group mass limits in Table 3,

(b)  in the case of a bus or rigid truck—the vehicle’s GVM,

(c)  the GCM for the prime mover,

(d)  the sum of the vehicle’s GVM for the prime mover and the semi-trailer,

(e)  in the case of a rigid truck fitted with a tandem drive axle group that is not towing another vehicle—28 tonnes,

(f)  in the case of a combination—45.5 tonnes,

(g)  in the case of a rigid truck fitted with a tandem drive axle group towing a trailer that is fitted with a single, tandem or tri-axle group towards the rear of the trailer, where both the truck and trailer are designed to carry vehicles on 2 or more partly or completely overlapping decks—50.5 tonnes,

(h)  in the case of a B-double—68.0 tonnes,

(i)  in the case of a road train—85.0 tonnes.

(3)  In this clause:

eligible vehicle means any of the following:

(a)  a rigid truck fitted with a tandem drive axle group that is not towing another vehicle,

(b)  a rigid truck fitted with a tandem drive axle group towing a trailer that is fitted with a single, tandem or tri-axle group towards the rear of the trailer, where both the truck and trailer are designed to carry vehicles on 2 or more partly or completely overlapping decks,

(c)  a combination where the prime mover is fitted with a single axle or tandem drive axle group and the semi-trailer is fitted with a single axle, tandem axle or tri-axle group,

(d)  a bus fitted with a single drive or tandem axle group,

(e)  a truck or bus with a six-tyred tandem axle group at the rear,

(f)  a B-double where the prime mover is fitted with a tandem drive axle group and the trailer is, or the trailers are, fitted with either a tandem or tri-axle group,

(g)  a road train not more than 36.5 m in length if:

(i)  the prime mover is fitted with a tandem drive axle group, and

(ii)  the semi-trailer is fitted with either a tandem or tri-axle group, and

(iii)  the converter dolly is fitted with a tandem axle group.

Part 2 Size and projection of loads

8 Size limits

(1)  A vehicle or a combination, and its load, must not exceed a size limit set for the vehicle or combination in the Road Transport (Vehicle Registration) Regulation 2007.

(2)  The distance measured at right angles between the rear overhang line of a vehicle and the rear of any load it is carrying must not exceed the rear overhang that the vehicle is allowed under the Road Transport (Vehicle Registration) Regulation 2007.

Illustration of the rear overhang limit permitted by the Road Transport (Vehicle Registration) Regulation 2007 and the front projection limit and the maximum rear projection of a load allowed without a warning signal

(3)  Despite subclauses (1) and (2):

(a)  the height of a vehicle that is carrying vehicles on more than one deck, and its load, must not exceed 4.6 m, and

(b)  the distance measured at right angles between the rear overhang line of a trailer carrying vehicles on more than one deck and the rear of the rearmost vehicle on the trailer must not exceed 4.9 m.

Maximum allowable dimensions of a loaded car carrier

9 Front and side projections

A load on a vehicle must not project more than 1.2 m in front of the vehicle, or more than 150 mm from the outermost part of either side of it.

Vehicle loaded to width limits referred to in clause 8 (1), with a maximum side projection of load allowed under clause 9

Note—

The combined dimensions of a vehicle and its load must still meet the requirements of clause 8 of this Schedule even if the load projects from the vehicle in any direction.

10 Rear projections

(1)  The rear of a load on a vehicle must carry a warning signal if the load:

(a)  projects more than 1.2 m behind the vehicle, or

(b)  projects to the rear of the vehicle so that the end of the load cannot be seen easily from behind, or

(c)  is on a pole-type trailer.

(2)  In daytime, the warning signal must be a brightly coloured flag or piece of material, with each side at least 300 mm long.

(3)  At night, the warning signal must be a red light which can be seen for 200 m.

11 Dangerous projections

A load on a vehicle must not project in a way that is dangerous to a person or to property, even if all dimension and warning requirements are met.

Part 3 Couplings

12 Trailers

(1)  A trailer in a combination must be securely coupled to the vehicle in front of it.

(2)  The components of a coupling used between vehicles must be compatible and properly connected to each other.

sch 1: Am 2007 (521), Sch 1 [1].

Schedule 2 Oversize and overmass vehicles

(Clause 11)

Part 1 All vehicles travelling under notices

1 Mass limits relating to tyre width

(1)  The mass on an axle fitted with tyres of a number and width described in Table 1 must not exceed the mass limit specified in the Table for that axle in relation to the narrowest tyre on the axle.

Table 1

Tyre width of the narrowest tyre on the axle (mm)		Mass limit if the axle has 2 tyres (tonnes)	Mass limit if the axle has 4 tyres (tonnes)
at least	but less than
190	228	4.5	9.0
228	254	5.0	9.5
254	279	6.0	10.0
279	305	6.5	11.0
305	330	7.0	12.0
330	356	7.5	13.0
356	381	8.0	14.0
381	406	9.0	14.0
406	458	10.0	14.0
458	508	11.0	14.0
508		12.0	14.0

(2)  The mass on an axle group fitted with tyres of a number and width described in Table 2 must not exceed the mass limit specified in the Table for that axle group in relation to the narrowest tyre in the group.

Table 2

Tyre width of the narrowest tyre in the group (mm)		Mass limit for a tandem axle group with 4 tyres (tonnes)	Mass limit for a tri-axle group with 6 tyres (tonnes)
at least	but less than
381	406	16.5	22.0
406	431	17.0	23.0
431	458	17.5	24.0
458	482	18.0	25.0
482	508	18.5	26.0
508		19.0	27.0

(3)  For the purposes of Tables 1 and 2, the tyre width of a radial ply tyre is the number of millimetres marked on the tyre in the position labelled “Section width in mm.” on the diagram below.

Position of section width marking on radial ply tyre

(4)  For the purposes of Tables 1 and 2, the tyre width of a bias-type tyre is the number of millimetres equal to 25.4 times the number marked on the tyre in the position labelled “Width code in inches” on the diagram below.

Position of width code marking on diagonal or bias type tyre

(5)  If no section width or width code is marked on a tyre, the tyre width for the purposes of Tables 1 and 2 may be determined by measuring the width of the part of the tyre that normally comes into contact with the road surface.

2 Dimension limits

(1)  A vehicle or combination described in Table 3 must not, together with any load, exceed a dimension limit specified in the Table for that vehicle or combination, or the corresponding limit in the Road Transport (Vehicle Registration) Regulation 2007 or Schedule 1, whichever is the greater.

Table 3

Type of vehicle or combination	Dimension	Limit (m)
Any except agricultural	Width	3.5
Any except agricultural	Height	A height specified in the notice, being a height not less than 4.3 and not greater than 4.6
Any combination except agricultural	Length	25.0
Special purpose vehicle	Length	14.5
Other rigid vehicle	Length	12.5
Special purpose vehicle	Distance from the rear overhang line to rear of the vehicle	Lesser of 4 m and 90% of the wheelbase
Semi-trailer	Distance from the rear overhang line to the rear of the vehicle (or load)	Lesser of 5.5 m and 25% of the semi-trailer’s length
Special purpose vehicle	Projection in front of the centre of the steering wheel	3.5

Note 1—

Dimension limits for agricultural vehicles are set out in clause 24 of this Schedule.

The combined dimensions of a vehicle and its load must still comply with the requirements of Table 3 even if the load projects from the vehicle in any direction.

Note 2—

A notice may specify routes for particular classes of vehicles under clause 14 of this Regulation. For example vehicles under 4.5 m in height may be allowed to travel on a greater number of routes than vehicles 4.6 m high.

(2)  Any flags, lights or mirrors required on a vehicle, combination or load must be disregarded when measuring the dimensions of a vehicle or combination for the purposes of this Regulation.

(3)  The centre lines of adjacent axles in an axle group on an overmass vehicle or combination must be at least 1.2 m apart.

Rigid mobile crane, showing dimension limits

3 Making an unloaded vehicle smaller

An oversize vehicle without a load must be reduced to the smallest practicable dimensions, with any booms fully retracted.

4 Warning devices for oversize vehicles

(1)  An oversize vehicle or combination, together with any load, that is wider than 2.5 m, or longer than 25 m, must have:

(a)  one warning sign at its front, and

(b)  one warning sign at its rear or, if it is carrying a rear-projecting load, at the rear of the load, and

(c)  4 brightly coloured red, yellow, or red and yellow, flags, each at least 450 mm long and at least 450 mm wide.

(2)  One of the flags must be positioned:

(a)  at each side of the front and rear of any projecting load, or

(b)  if there is no projecting load, at each side of the front and rear of the vehicle or combination.

(3)  An oversize vehicle or combination that, together with any load, is not wider than 2.5 m, and whose length is more than 22 m but not more than 25 m, must have one warning sign at its rear or, if it is carrying a rear-projecting load, at the rear of the load.

(4)  Subclauses (1), (2) and (3) do not apply to:

(a)  a road construction vehicle or combination travelling within 1 km of a construction site, if the vehicle has a warning light, or

(b)  a tractor, or

(c)  a rigid mobile crane less than 3 m wide.

(5)  If a load projects more than 150 mm beyond one side of an oversize vehicle or combination, and the projection is less than 500 mm thick from top to bottom, there must be:

(a)  a warning light attached to the vehicle or combination, and

(b)  at least two yellow, rigid pieces of material (in this clause called delineators), one attached to the front and the other attached to the rear of the projection.

Note—

If the load projects more than 150 mm beyond both sides of the vehicle there must be at least 4 delineators—at least one on each side at the front and at least one on each side at the rear.

(6)  A delineator must:

(a)  be at least 300 mm long and at least 300 mm wide, and

(b)  comply with Class 1 or 2 of Australian/New Zealand Standard AS/NZS 1906.1:1993, Retroflective materials and devices for road control purposes, as amended and in force at the commencement of this Regulation, and

(c)  if at the front of the projection, be attached so that its reflective surface is facing forward of the vehicle, and

(d)  if at the rear of the projection, be attached so that its reflective surface is facing rearward from the vehicle.

(7)  In the daytime, an oversize vehicle or combination must display a warning light if the vehicle, together with any load, is wider than 3 m.

Note. Other warning requirements

As well as complying with subclauses (5), (6) and (7) and clause 6 of this Schedule:

(a)  tractors (and other agricultural vehicles) must comply with the warning requirements in clause 26 of this Schedule, and

(b)  rigid mobile cranes (and other special purpose vehicles) must comply with the warning requirements in clauses 20 and 21 of this Schedule.

Parts 6 and 7 set out requirements for warning lights and signs.

In addition to the requirements in this clause, any load projecting more than 1.2 m behind the vehicle must display warning flags in the daytime, in accordance with Schedule 1.

5 Additional warning devices at night

At night, an oversize vehicle or combination must display:

(a)  lights showing yellow to the front and red to the rear (known as side markers) no more than 2 m apart along both sides of the vehicle and along any front or rear projection, and

(b)  two red lights (known as rear markers) fixed to the rear of any rear-projecting load, within 400 mm of each side of the load, and at least 1 m but not more than 2.1 m above the ground, and

(c)  a warning light if the vehicle or combination, together with any load, is wider than 2.5 m or longer than 22 m.

Note—

Clause 20 of this Schedule sets out additional lighting requirements for special purpose vehicles travelling at night.

6 Headlights

An oversize vehicle, or the front vehicle in an oversize combination, must have its low-beam headlights on while travelling in the daytime, unless it is not required under the Road Transport (Vehicle Registration) Regulation 2007 to have headlights.

7 Travel restrictions at night

At night, a vehicle or combination that, together with any load, is wider than 3.1 m or longer than 22 m, must not:

(a)  travel outside an urban area, or

(b)  travel in an urban area without being accompanied by a pilot vehicle.

Note—

Urban areas are designated by the Authority—see clause 14 of this Regulation. Permits for night travel outside the conditions set out in the clause above are uncommon.

8 No travelling if low visibility

(1)  A vehicle or combination must not begin to travel if, due to circumstances such as fog, heavy rain, smoke, dust or insect plague:

(a)  visibility is less than 250 m in the daytime, or

(b)  the headlights of a vehicle approaching within 250 m could not be seen at night.

(2)  If a vehicle or combination is already travelling when visibility is reduced to the level described in subclause (1), the driver must drive it into the nearest safe parking area, and wait until visibility improves beyond that level before continuing to travel.

9 Minimum following distance

A person driving an oversize vehicle or combination must maintain a distance of at least 200 m from an oversize vehicle or combination travelling in front of it, unless:

(a)  it is overtaking the front one, or the front one is stopping, or

(b)  there is a separate lane available for the use of overtaking traffic, or

(c)  it is in an urban area and it is not reasonably practicable to maintain a distance of 200 m.

10 Assessing routes

(1)  Before a vehicle or combination is driven along any route, its driver and owner must be satisfied that the route has been assessed and that the vehicle or combination can be driven along it without contravening subclause (2).

(2)  A vehicle or combination must not be driven along a route if to do so would be likely to cause:

(a)  disruption to telecommunication, electricity, rail, gas, water or sewage services, or

(b)  damage to a road (including a bridge), structure, rail crossing or tree.

(3)  Subclause (2) does not apply if the authority responsible for the services or property has given permission for the vehicle or combination to travel along the route, and the vehicle or combination is driven in accordance with the permission.

Part 2 Load-carrying vehicles travelling under notices

11 Application of Part

This Part applies only to load-carrying vehicles and combinations.

12 Mass limits for axles and axle groups

(1)  The mass on a single axle or axle group described in Table 4 must not exceed the mass limit specified opposite its description in the Table if it is in a combination consisting of a tandem drive prime mover towing:

(a)  a low loader, or

(b)  a low loader dolly and a low loader, or

(c)  a jinker, or

(d)  a low loader dolly and a jinker.

Table 4

Single axle or axle group	Mass limit (tonnes)
Steer axle with 2 tyres	6.0
Twinsteer axle group without a load-sharing suspension system	10.0
Twinsteer axle group with a load-sharing suspension system	11.0
Single axle with 8 tyres	12.0
Tandem axle group with 8 or more tyres, not on a trailer	18.5
Tandem axle group with 8 or more tyres, on a trailer	18.5
Tandem axle group with 16 or more tyres, on a trailer	21.0
Tri-axle group with 12 or more tyres	25.0
Oversize tri-axle group with 12 or more tyres or quad axle group with 16 or more tyres	27.0

(2)  The sum of the mass on each of the combination’s single axles and axle groups must not exceed the sum of the mass limits specified for each of them in Table 4.

(3)  In addition, the total mass of the combination and any load must not exceed:

(a)  49.5 tonnes if the distance between the centre-line of the rearmost axle of the towing vehicle and the centre-line of the foremost axle of the combination’s rear axle group is 6 m or more, or

(b)  49.5 tonnes decreased by 1 tonne for every 0.3 m by which the distance referred to in paragraph (a) is less than 6 m.

(4)  The mass on an axle group or single axle must not exceed the relevant limit set by this Regulation if it is:

(a)  not described in Table 4, or

(b)  on a load-carrying vehicle or combination except one described in subclause (1).

13 Minimising width

(1)  If a load can be safely loaded in more than one way, it must be loaded in a way that minimises the width of the vehicle or combination and its load.

(2)  An unladen low loader, low loader dolly or jinker, with 4 tyres on each axle, must not be wider than 2.5 m.

(3)  An unladen low loader, low loader dolly or jinker, with 8 tyres on each axle, must not be wider than 2.7 m.

14 Carrying goods in addition to a large indivisible item

(1)  A vehicle or combination must not carry more than one large indivisible item unless:

(a)  the vehicle or combination and its load complies with the mass limits in Schedule 1, and

(b)  the carrying of additional large indivisible items does not cause the vehicle or combination and its load to exceed a dimension limit in Schedule 1 that would not have been exceeded by the carrying of one of the large indivisible items.

(2)  A vehicle or combination carrying one or more large indivisible items must not carry any other goods unless:

(a)  the vehicle or combination and its load complies with the mass limits in Schedule 1, and

(b)  the other goods are contained within the dimension limits in Schedule 1.

(3)  Despite subclause (2), a vehicle or combination carrying a special purpose vehicle or agricultural vehicle may also carry any equipment, tools, substances or detached parts to be used in conjunction with the vehicle being carried.

15 Towing a low loader dolly with an unladen low loader

An unladen low loader must not be towed in a combination with a low loader dolly unless:

(a)  the combination is 2.5 m wide or less, and

(b)  it would be unreasonable to require the dolly to be loaded onto the low loader because of the short distance to be travelled, or special difficulties in loading or unloading the dolly due to the nature of the site.

Part 3 Special purpose vehicles travelling under notices

16 Application of Part

This Part applies only to special purpose vehicles.

17 Mass limits for axles and axle groups

(1)  The mass on a single axle or axle group described in Table 5 must not exceed the mass limit specified opposite its description in the Table.

Table 5

Type of axle or axle group	Mass limit (tonnes)
Single axle or single axle group fitted with:
(a)  single tyres	7.0
(b)  dual tyres	10.0
Twinsteer axle group:
(a)  without a load-sharing suspension system	10.0
(b)  with a load-sharing suspension system	14.0
Tandem axle group fitted with single tyres	14.0
Tri-axle group fitted with single tyres	18.0

(2)  The mass on a tandem axle group fitted with dual tyres, where the centre lines of the axles are less than 1.35 m apart, must not exceed 20 tonnes:

(a)  decreased by 1 tonne for each 100 mm by which the axle group’s ground contact width is less than 2.4 m, or

(b)  increased by 1 tonne for each 100 mm by which the axle group’s ground contact width exceeds 2.5 m, but not increased to more than 27 tonnes.

(3)  The mass on a tandem axle group fitted with dual tyres, where the centre lines of the axles are at least 1.35 m apart, must not exceed 23 tonnes:

(a)  decreased by 1 tonne for each 100 mm by which the axle group’s ground contact width is less than 2.4 m, or

(b)  increased by 1 tonne for each 100 mm by which the axle group’s ground contact width exceeds 2.5 m, but not increased to more than 27 tonnes.

(4)  The mass on a tri-axle group fitted with dual tyres, where the centre lines of the axles are less than 1.35 m apart, must not exceed 25 tonnes, decreased by 1 tonne for each 100 mm by which the axle group’s ground contact width is less than 2.4 m.

Note—

Under clause 2 (3) of this Schedule the centre lines of the axles must be at least 1.2 m apart.

(5)  The mass on a tri-axle group fitted with dual tyres, where the centre lines of the axles are at least 1.35 m apart, must not exceed 27 tonnes, decreased by 1 tonne for each 100 mm by which the axle group’s ground contact width is less than 2.4 m.

18 Total mass limits for special purpose vehicles

The total mass of a special purpose vehicle must not exceed the least of:

(a)  the sum of the mass allowed for each single axle and axle group on the vehicle, and

(b)  40 tonnes, and

(c)  the mass worked out using the following formula:

 

where:

L is the distance in metres between the centre lines of the vehicle’s foremost and rearmost axles.

±G is a number of tonnes:

(a)  to be added at the rate of 1 tonne for each 100 mm by which the ground contact width of the rearmost axle exceeds 2.5 m, or

(b)  to be subtracted at the rate of 1 tonne for each 100 mm by which the ground contact width of the rearmost axle is less than 2.4 m.

Illustration of distance “L”

19 Side lights for travel at night

(1)  When travelling at night, a special purpose vehicle with a projection extending more than 1.2 m in front of the vehicle body must have a yellow light fixed on each side of the projection, mounted as far forward as possible, and shielded from the driver’s view.

(2)  Both lights must be visible to any traffic approaching the vehicle from its front, and at least one of the lights must be visible to any traffic approaching the vehicle from either side.

20 Markings for special purpose vehicles

(1)  Rear marker plates complying with ADR 13/00, must be displayed at the rearmost part of the body of a special purpose vehicle.

(2)  A pattern covering an area one of at least 0.16 square metres and consisting of diagonal stripes at least 150 mm wide and alternately coloured:

(a)  red and white, or

(b)  black and white,

must be displayed on the left and right sides of any rigid projection extending more than 1.2 m in front of the body of a special purpose vehicle, if it is practicable to do so.

21 Prohibition on towing other vehicles

A special purpose vehicle must not tow a vehicle.

Part 4 Agricultural vehicles travelling under notices

22 Application of Part

This Part applies only to agricultural vehicles and agricultural combinations.

23 Mass limits

The mass on an axle described in Table 6, on an agricultural machine or implement with 2 axles, must not exceed the mass limit specified opposite its description in the Table.

Table 6

Number of tyres on an axle	Mass limit (tonnes)
Axle fitted with 2 tyres	9.0
Axle fitted with 4 tyres and a ground contact width less than 2.51 m	9.0
Axle fitted with 4 tyres and a ground contact width at least 2.51 m but not more than 3.5 m	10.5
Axle fitted with 4 tyres and a ground contact width more than 3.5 m	12.0

24 Dimension limits

(1)  The height of an agricultural vehicle must not exceed 4.6 m.

(2)  On an agricultural machine or implement, the distance from the rear overhang line to the rear of the vehicle must not exceed 4.5 m (except for augers or conveyors, on which the distance must not exceed 5.5 m).

(3)  The length of an agricultural machine must not exceed 12.5 m.

(4)  The length of an agricultural combination must not exceed 25 m.

(5)  The width of an agricultural machine or combination described in Table 7, in an area determined by the Authority to be in a category specified in Table 7, must not exceed the limit specified opposite that category in the Table.

Table 7

Category of area	Width limit for an agricultural machine alone or an agricultural machine or rigid vehicle towing an agricultural implement (m)
Category 1	3.5
Category 2	5.0
Category 3	6.0

(6)  An agricultural vehicle or combination of a type or in an area not covered by Table 7 must not be wider than 2.5 m.

Note—

An agricultural vehicle or combination not covered by Table 7 must get a permit in order to travel at a greater width than 2.5 m.

25 Warning devices for agricultural vehicles

(1)  An agricultural vehicle or combination that is wider than 2.5 m, or an agricultural combination that is longer than 22 m, must have a warning light fixed to its highest practicable point when it is on a major road.

(2)  A warning sign must be displayed at the rear of an agricultural implement being towed by a tractor.

Note—

Under clause 4 of this Schedule, single tractors do not have to be fitted with warning signs.

(3)  A pattern covering an area of at least 0.16 square metres and consisting of diagonal stripes at least 150 mm wide and alternately coloured:

(a)  red and white, or

(b)  black and white,

must be displayed at the sides of the rear of any auger, conveyor, or harvester comb carried on a comb trailer.

(4)  Any part of an axle extending more than 150 mm from the outside wall of a tractor’s tyre must be painted fluorescent yellow or have yellow fluorescent or other high-visibility material wrapped around it.

Note—

See clauses 4 and 5 of this Schedule for additional warning requirements for agricultural vehicles.

26 Pilot vehicle requirements for agricultural vehicles

(1)  Agricultural vehicles and combinations of a width described in Table 8 must be accompanied by pilot vehicles in accordance with that Table.

Table 8

Area of operation	Wider than 3.7 m but not wider than 4.5 m	Wider than 4.5 m but not wider than 6 m
If the terrain limits a clear view of approaching traffic to less than 500 m	1 pilot vehicle	2 pilot vehicles
A major road	1 pilot vehicle	2 pilot vehicles
If there is a clear view of approaching traffic for at least 500 m, but not on a major road	nil	1 pilot vehicle

(2)  Despite subclause (1), an agricultural vehicle or combination does not have to be accompanied by a pilot vehicle if it is travelling less than 500 m.

27 Agricultural vehicles not to use freeways

An oversize agricultural vehicle or combination must not be driven on a freeway.

28 Agricultural implements not to carry loads

An agricultural implement must not carry a load.

29 Speed limits for agricultural implements without brakes

An agricultural implement without brakes must not be towed at a speed greater than the lesser of:

(a)  20 km an hour less than the speed limit applying to the section of road on which the implement is travelling, and

(b)  50 km an hour.

30 Exemption from requirement for rear vision mirrors

A vehicle towing an agricultural implement wider than 3.5 m, which obscures the view to the rear of the vehicle, is exempt from any requirement under the Road Transport (Vehicle Registration) Regulation 2007 to have a rear vision mirror fitted.

Note—

Clause 90 of the Road Transport (Vehicle Registration) Regulation 2007 provides that a person or vehicle is exempted from a dimension limit or any other requirement of that Regulation if that person or vehicle is exempted from that limit or requirement under this Regulation.

Part 5 Pilot and escort vehicles

31 Application of Part

This Part applies to the operation of a vehicle as a pilot vehicle or escort vehicle that is required by a notice or permit under this Regulation.

32 Requirements for a pilot vehicle

(1)  A pilot vehicle must have 4 or more wheels and a GVM of:

(a)  6.5 tonnes or less in the case of a rear pilot vehicle if two pilot vehicles are required, or

(b)  4.5 tonnes or less in any other case.

(2)  A pilot vehicle must have a warning sign on its roof.

(3)  A pilot vehicle must only have a warning light attached:

(a)  above or below the sign, or

(b)  at each side of the sign.

Note—

Parts 6 and 7 of this Schedule set out requirements for warning lights and signs.

33 Requirements for an escort vehicle

(1)  An escort vehicle other than a police motor cycle must have:

(a)  4 or more wheels, and

(b)  a GVM of 4.5 tonnes or less, and

(c)  on its roof a light that flashes or 2 lights that flash when switched on.

(2)  A light referred to in subclause (1) must flash yellow unless the vehicle is a police vehicle or a vehicle belonging to an Authority and the light is of a colour approved under Schedule 2 to the Road Transport (Vehicle Registration) Regulation 2007.

34 Headlights on a pilot or escort vehicle

The low-beam headlights on a pilot vehicle or escort vehicle must be switched on when it is accompanying an oversize vehicle or combination during the daytime.

35 What may a pilot or escort vehicle carry?

A pilot or escort vehicle must not tow a trailer or carry a load, but it may carry tools, equipment or substances for use in connection with the oversize vehicle or combination that it is accompanying or for restraining the load on that vehicle or combination.

36 Where must a pilot vehicle be driven?

(1)  When 1 pilot vehicle accompanies an oversize vehicle or combination, the pilot vehicle must travel:

(a)  behind the oversize vehicle or combination if they are on a divided road, or

(b)  in front of the oversize vehicle or combination if they are on a road that is not divided.

(2)  When 2 pilot vehicles accompany an oversize vehicle or combination, one pilot vehicle must travel in front of the oversize vehicle or combination, and the other behind it.

(3)  A pilot vehicle must travel far enough away from the oversize vehicle or combination it is accompanying to give adequate warning to other road users of the presence of the oversize vehicle or combination, taking into account traffic speed, weather, visibility and other driving conditions.

37 Communication between drivers

(1)  An oversize vehicle or combination and any accompanying pilot or escort vehicle must have an electronic device that allows the drivers to communicate effectively with each other.

(2)  Subclause (1) does not apply to:

(a)  an oversize agricultural machine, or

(b)  an oversize combination that includes an agricultural machine, or

(c)  an escort vehicle that is a police vehicle.

Part 6 Warning lights

38 Characteristics of warning lights

When switched on, a warning light on an oversize vehicle or combination or pilot vehicle must:

(a)  emit a rotating, flashing, yellow coloured light, and

(b)  flash between 120 and 200 times a minute, and

(c)  have a power of at least 55 watts, and

(d)  not be a strobe light.

39 Visibility of warning lights

(1)  A warning light on an oversize vehicle or combination or a pilot or escort vehicle must be:

(a)  clearly visible at a distance of 500 m in all directions, or

(b)  supplemented by one or more additional warning lights so that the light emanating from at least one of them is clearly visible at a distance of 500 m in any direction.

(2)  Despite subclause (1), in the case of a pilot vehicle travelling in front of an oversize vehicle or combination, a filter may be placed behind the warning light on the pilot vehicle, to reduce the intensity of the light directed to the driver of the oversize vehicle or combination.

40 Warning lights to be on if required, and off if not

(1)  Any warning light which an oversize vehicle or combination is required to have must only be switched on when the vehicle or combination is travelling or is stationary in a position that is likely to cause danger to other road users.

(2)  Any warning light which a pilot or escort vehicle is required to have must be switched on when the vehicle is travelling and accompanying an oversize vehicle or combination.

(3)  If a vehicle or combination is not required under this Regulation to have a warning light, it must not have one that is switched on.

Part 7 Warning signs

Division 1 When this Part applies

41 What specifications must a warning sign comply with?

A warning sign must comply with the specifications in this Part:

(a)  if it is on an oversize agricultural vehicle or combination, or

(b)  if it is on another type of oversize vehicle or combination, or a pilot vehicle.

Division 2 Oversize vehicles and pilot vehicles

42 Face of a warning sign

(1)  The face of a warning sign must have a yellow surface that complies with Class 1 or 2 of Australian/New Zealand Standard AS/NZS 1906.1:1993, Retroflective materials and devices for road control purposes, as amended and in force at the commencement of this Regulation, Parts 1–4 (inclusive).

(2)  The face of the warning sign must have a black border at least 20 mm wide.

(3)  The outermost edge of the border must be set at least 10 mm in from the edge of the sign unless the sign has been made with a box edge.

(4)  The warning sign must display the sign manufacturer’s name or logo, and the brand and class of retro-reflective material used, in block letters not more than 10 mm high.

(5)  The marking may appear in any visible location on the sign, except in a bottom corner of a sign used on a pilot vehicle.

43 Material for a warning sign

(1)  A warning sign must be made of stiff, flat, weatherproof material.

Note—

Zincalume at least 0.8 mm thick, and aluminium at least 1.6 mm thick are examples of material that would comply with subclause (1).

(2)  Despite subclause (1), a warning sign may be made of a flexible material if the sign is mounted in such a way that it is held taut and unlikely to furl, become dislodged from its position or otherwise become difficult to read by other road users.

(3)  A flexible warning sign must comply with all other requirements of this Part as if it were a stiff sign.

(4)  A warning sign must be kept in such a condition that its message can be easily read by other road users.

44 Keeping signs clean

A warning sign on a vehicle must be kept clean enough so that it can be easily read by other road users.

45 Warning sign must not be displayed if not required

A warning sign must not be displayed on a vehicle or combination that is not operating oversize or as a pilot vehicle.

Division 3 Oversize vehicles only

46 Size of a warning sign

(1)  A warning sign on an oversize vehicle or combination must be at least 1200 mm long and at least 450 mm high.

(2)  The sign may be split into two parts, in which case the combined length of its parts must be at least 1,200 mm.

47 Face of a warning sign

(1)  A warning sign on an oversize vehicle or combination must show the word “OVERSIZE”, in black upper-case lettering, conforming with Australian Standard AS 1744—1975, Forms of letters and numerals for road signs, in typeface Series C(N) as amended and in force at the commencement of this Regulation.

(2)  The lettering must be at least 200 mm high.

(3)  The top and the bottom of the lettering must be at least 125 mm from the top and bottom of the sign, respectively.

(4)  If the sign is split into two parts:

(a)  the part mounted on the left must show the letters “OVER” and the part mounted on the right must show the letters “SIZE”, and

(b)  there must be no border between the two parts, despite subclauses (2) and (3).

Illustration of a warning sign for an oversize vehicle or combination

48 Mounting a warning sign

(1)  A warning sign on an oversize vehicle or combination must be mounted vertically.

(2)  The lower edge of the sign must be:

(a)  above the bottom of the bumper bar, or

(b)  if there is no bumper bar—at least 500 mm from the ground level.

(3)  If the sign is split into two parts, each part must be fitted at the same height as the other.

Division 4 Pilot vehicles only

49 Size and shape of a warning sign

(1)  A warning sign on a pilot vehicle must be at least 1,200 mm long and at least 600 mm high.

(2)  The sign may have bottom corner cut-outs not more than 150 mm wide and not more than 100 mm high if they are needed for mounting the warning lights.

50 Faces of a warning sign

(1)  Both faces of a warning sign on a pilot vehicle must show:

(a)  the word “OVERSIZE”, in black upper-case lettering at least 200 mm high, conforming with Australian Standard AS 1744—1975, Forms of letters and numerals for road signs, in typeface Series C(N) as amended and in force at the commencement of this Regulation, and

(b)  the words “LOAD AHEAD”, in black upper-case lettering at least 100 mm high, conforming with Australian Standard AS 1744—1975, Forms of letters and numerals for road signs, in typeface Series D(N) as amended and in force at the commencement of this Regulation.

(2)  The bottom of the lettering of the word “OVERSIZE” must be at least 300 mm from the bottom of the sign.

(3)  The bottom of the lettering of the words “LOAD AHEAD” must be at least 100 mm from the bottom of the sign.

Illustration of a warning sign for a pilot vehicle

51 Mounting a warning sign

A warning sign on a pilot vehicle must not lean back so that there is more than 200 mm measured horizontally from the top of the sign to a vertical line running through the bottom of the sign.

Illustration of maximum slant of warning sign

Part 8 Interpretation

52 References to vehicles and combinations

In this Schedule:

(a)  a reference to a vehicle or combination is a reference to a vehicle or combination that is oversize or overmass or both, and

(b)  a reference to an oversize vehicle or combination is a reference to a vehicle or combination that is oversize or oversize and overmass, and

(c)  a reference to an overmass vehicle or combination is a reference to a vehicle or combination that is overmass, or overmass and oversize.

53 Measuring distances between parallel lines

In this Schedule, a reference to a distance between 2 lines that are parallel means the distance measured at right angles between the lines.

54 Application to retractable axles

For the purposes of this Schedule, a retractable axle must be taken to be an axle when it is in the lowered position and must be taken not to be an axle when it is in the raised position.

55 Application of mass limits where more than one applies

If 2 or more mass limits apply to the same axle or axle group as a result of the application of provisions in Table 1, 2, 4, 5 or 6, or in any 2 or more of those tables, the axle or axle group must comply with the lower or lowest of those limits.

sch 2: Am 2007 (521), Sch 1 [1] [2].

Dictionary

(Clause 3)

added load means the moveable load carried by any vehicle.

ADR (Australian Design Rule) means a national standard under the Motor Vehicle Standards Act 1989 of the Commonwealth.

agricultural combination means a combination that includes at least one agricultural vehicle.

agricultural implement means a vehicle without its own motive power, built to perform agricultural tasks.

agricultural machine means a machine with its own motive power, built to perform agricultural tasks.

Note—

Examples of agricultural implements are irrigating equipment, augers, conveyors, empty field bins, harvester fronts, and machinery fully carried on the three-point linkage of a tractor. Examples of agricultural machines are tractors and harvesters.

agricultural vehicle means an agricultural implement or agricultural machine.

approved air suspension system, in relation to a vehicle, means a suspension system in which:

(a)  vertical movement between each axle and the body of the vehicle is controlled by variations in the pressure of air in an airspring, and

(b)  the proportion of the vehicle’s mass that is borne by the spring remains substantially constant despite variations in the pressure of air in the airspring.

articulated vehicle has the same meaning as in the Road Transport (Vehicle Registration) Regulation 2007.

at night means during the period between sunset and sunrise.

Australian/New Zealand Standard means a joint standard, issued or approved for publication on behalf of Standards Australia and Standards New Zealand under a mutual recognition agreement called “Active Cooperation between Australia and New Zealand for the Preparation and Marketing of Joint Standards”, as is in force at the commencement of the provision in this Regulation in which the expression appears.

Australian Standard means a standard, approved for publication on behalf of the Council of the Standards Association of Australia, as in force at the commencement of the provision in this Regulation in which the expression appears.

Authority means:

(a)  the Minister, or

(b)  a person to whom the powers of the Minister are delegated for the purposes of the provision in which the term is used.

axle means one or more shafts positioned in a line across a vehicle, on which one or more wheels intended to support the vehicle turn.

axle group means a single axle group, tandem axle group, twinsteer axle group, tri-axle group or quad-axle group.

axle load means the total load, determined in accordance with this Regulation, transmitted to the road by all wheels of a vehicle which are mounted on any axle.

B-double means a combination consisting of a prime mover towing 2 semi-trailers.

Typical B-double

bridge includes any gate, pier, fender, dolphin or platform or any other thing incidental to the use or protection of the bridge.

bus means a motor vehicle currently principally fitted or equipped to carry more than 9 seated adults persons (including the driver).

centre-line, in relation to an axle, means:

(a)  in the case of an axle consisting of one shaft—a line parallel to the length of the axle and passing through its centre, and

(b)  in the case of an axle consisting of 2 shafts—a line that is in the vertical plane passing through the centre of both shafts and that passes through the centres of the wheels on the shafts.

centre of an axle group means:

(a)  a line located midway between the centre-lines of the outermost axles of the group, or

(b)  if the group consists of 2 axles, one of which is fitted with twice the number of tyres as the other axle—a line located one third of the way from the centre-line of the axle with more tyres towards the centre-line of the axle with fewer tyres.

Centre of a typical tandem axle group fitted with an equal number of tyres on each axle

Centre of a typical tandem axle group fitted with a different number of tyres on each axle

Centre of a typical tri-axle group

Centre of a typical quad axle group

checking station means an area indicated by a notice referred to in clause 63 or by an authorised officer exercising functions under that clause.

Class 1 notice means a notice published under clause 14 in respect of a Class 1 vehicle.

Class 1 permit means a permit issued under clause 16 in respect of a Class 1 vehicle.

Class 1 vehicle means a restricted access vehicle that is:

(a)  a special purpose vehicle, or

(b)  an agricultural machine or agricultural implement, or

(c)  a vehicle or combination, including a low loader or load platform combination, that is specially designed for the carriage of a large indivisible item or is carrying a large indivisible item,

that, together with any load, exceeds:

(d)  a mass limit in Schedule 1, or

(e)  a dimension limit in Schedule 1 or the Road Transport (Vehicle Registration) Regulation 2007.

Class 2 notice means a notice published under clause 20 in respect of a Class 2 vehicle.

Class 2 permit means a permit issued under clause 21 in respect of a Class 2 vehicle.

Class 2 vehicle means a restricted access vehicle that complies with the mass and dimension limits prescribed in the Road Transport (Vehicle Registration) Regulation 2007 and, except as provided in paragraph (b) of the definition of restricted access vehicle, Schedule 1 and is:

(a)  a B-double, or

(b)  a road train, or

(c)  a controlled access bus not more than 14.5 m long, or

(d)  a combination carrying vehicles on more than one deck that, together with its load, meets one or both of the following criteria:

(i)  its height exceeds 4.3 m but does not exceed 4.6 m,

(ii)  its length exceeds 19 m, or

(e)  a single motor vehicle, or a combination, that exceeds 4.3 m, but does not exceed 4.6 m, in height and is built to carry cattle, sheep, pigs or horses.

Class 3 notice means a notice published under clause 25 in respect of a Class 3 vehicle.

Class 3 permit means a permit issued under clause 27 in respect of a Class 3 vehicle.

Class 3 vehicle means a restricted access vehicle other than a Class 1 vehicle or a Class 2 vehicle.

complying bus means:

(a)  a bus that:

(i)  is fitted with a compliance plate in accordance with the Motor Vehicle Standards Act 1989 of the Commonwealth, indicating that the bus was manufactured on or after 1 July 1994, and

(ii)  meets the emergency exit specifications in ADR 44, and

(iii)  meets the rollover strength specifications in ADR 59, and

(iv)  meets the occupation protection specifications in ADR 68, and

(v)  is equipped with an approved air suspension system, or

(b)  a bus that is the subject of a declaration under clause 9 or under a corresponding law of another State or Territory.

controlled access bus means a bus that is more than 12.5 m long except a bus that is:

(a)  an articulated vehicle with the meaning of the Road Transport (Vehicle Registration) Regulation 2007, or

(b)  an articulated bus within the meaning of the Road Transport (Vehicle Registration) Regulation 2007.

converter dolly means a trailer with one axle group or single axle and a fifth wheel coupling designed to convert a semi-trailer into a dog trailer.

Typical converter dolly

corresponding Authority in relation to a particular Authority, means an Authority in another jurisdiction whose functions most nearly correspond to those of the particular Authority.

daytime means the period beginning at sunrise and ending at sunset.

dimension limit includes any limit under this Regulation that applies to a load or projection of any vehicle or combination.

divisible load means a load that is:

(a)  made up of more than one indivisible item, or

(b)  a substance or commodity the amount of which can be reduced in size or mass without extreme effort, expense or risk of damage.

dog trailer means a trailer (including a trailer consisting of a semi-trailer and converter dolly) with:

(a)  one axle group or single axle at the front that is steered by connection to the towing vehicle by a drawbar, and

(b)  one axle group or single axle at the rear.

Typical dog trailer

drawbar means a part of a trailer (other than a semi-trailer) that connects the trailer body to a coupling for towing purposes.

drive includes to stand or allow or cause to stand.

driver means the person driving or in control of a motor vehicle.

escort vehicle means a vehicle that is being used:

(a)  to transport a police officer, or other person directing traffic, and

(b)  to warn other road users of the presence of an oversize vehicle or combination.

extreme axles means the two axles, one of which is nearest to the front of the vehicle or combination, as the case may be, and the other of which is nearest to the rear of the vehicle or combination.

fifth wheel assembly means a device fitted to a prime mover or converter dolly to permit quick coupling and uncoupling of a semi-trailer and which provides for articulation of the resultant motor vehicle combination.

fifth wheel coupling means a device, other than the upper rotating element and the kingpin (which are parts of a semi-trailer), used with a prime mover, semi-trailer or a converter dolly to permit quick coupling and uncoupling and to provide for articulation.

gross road train mass means the sum of the laden masses of each component vehicle comprising a road train.

ground contact width:

(a)  in relation to an axle, means the distance between the outermost point of ground contact of the outside tyres on each end of the axle, and

(b)  in relation to an axle group, means the greatest ground contact width of all the axles in the group.

Illustration of ground contact width of an axle

hauling unit means a motor vehicle which forms part of a combination.

indivisible item means an item that cannot be divided without extreme effort, expense or risk of damage to it.

information sheet means advice published or adopted by the Authority (and available on request from the Authority).

jinker means an axle or axle group which is built to support part of a load, and is connected to the vehicle in front of it by a pole or cable or the load itself, if any.

large indivisible item means an item that:

(a)  cannot be divided without extreme effort, expense or risk of damage to it, and

(b)  cannot be carried on any vehicle or combination without exceeding a mass or dimension limit in Schedule 1.

load-carrying, in relation to a vehicle or combination, means a vehicle or combination that is carrying, or is built to carry, a load.

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 10% 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.

loaded mass means the mass, determined in accordance with clause 48, of any vehicle and its added load.

low beam in relation to a headlight or front fog light fitted to a vehicle, means built or adjusted so that, when the vehicle is standing on level ground, the top of the main beam of light projected is:

(a)  not higher than the centre of the headlight or fog light, when measured at a point 8 m in front of the vehicle, and

(b)  not more than 1 m higher than the level on which the motor vehicle is standing, when measured at a point 25 m in front of the vehicle.

low loader means a gooseneck semi-trailer with a loading deck no more than 1 m above the ground.

low loader dolly means a mass-distributing device that:

(a)  is usually coupled between a prime mover and a low loader, and

(b)  consists of a gooseneck rigid frame, and

(c)  does not directly carry any goods on itself, and

(d)  is equipped with one or more axles, a king pin and a fifth wheel coupling.

mass includes weight.

Mass Management Accreditation Scheme means:

(a)  a scheme under the Mass Management Module of the National Heavy Vehicle Accreditation Scheme that is approved by the Authority, or

(b)  any other scheme (that is not a national scheme) in relation to mass management developed by a body or organisation other than the National Transport Commission that is approved by the Authority.

motor bike has the same meaning as in the Road Transport (Vehicle Registration) Regulation 2007.

multi-modal transport means the carriage of goods by road and at least one other of the modes sea, rail or air.

National Transport Commission means the National Transport Commission established under the National Transport Commission Act 2003 of the Commonwealth.

nominated vehicle, in relation to a Mass Management Accreditation Scheme, means a vehicle identified in a registered operator’s accreditation under such a scheme as a nominated vehicle for the purposes of that accreditation.

notice means a notice issued under this Regulation.

overmass means having a mass that, including the mass of any load, exceeds a relevant mass limit in Schedule 1.

oversize means having a dimension that, including the dimension of any load, exceeds a relevant dimension limit in this Regulation or the Road Transport (Vehicle Registration) Regulation 2007.

oversize tri-axle group means a group of 3 axles in which the horizontal distance between the centre lines of the outermost axles is more than 3.2 m.

permit means a permit granted under this Regulation.

pig trailer means a trailer with one axle group or single axle near the middle of its load-carrying surface, and connected to the towing vehicle by a drawbar.

Typical pig trailer

pilot vehicle means a vehicle being used to warn other road users of the presence of an oversize vehicle or combination.

pole-type trailer means a trailer that:

(a)  is attached to a towing vehicle by means of a pole or an attachment fitted to a pole, and

(b)  is ordinarily used for transporting loads, such as logs, pipes, structural members or other long objects, that are generally capable of supporting themselves like beams between supports.

Typical pole-type trailer

prime mover means a motor vehicle built to tow a semi-trailer.

quad-axle group means a group of 4 axles, in which the horizontal distance between the centre-lines of the outermost axles is more than 3.2 m but not more than 4.9 m.

rear overhang line means:

(a)  if there is a single axle at the rear of the vehicle—the centre-line of the axle, or

(b)  if there is an axle group at the rear of the vehicle—the centre of the axle group, determined without regard to the presence of any steerable axle or retractable axle in the group unless all axles in the group are steerable or retractable.

Rear overhang line on a typical motor vehicle that has an axle group

Rear overhang line on a typical semi-trailer

restricted access vehicle means a single motor vehicle or a combination which alone, or together with any load, exceeds one or more of the following limits:

(a)  a mass limit prescribed in this Regulation,

(b)  one or more of the following dimension limits:

(i)  a width of 2.5 m,

(ii)  a height of 4.3 m,

(iii)  a length of 12.5 m in the case of a single motor vehicle or 19 m in the case of a combination,

(iv)  any other dimension limit prescribed in this Regulation or the Road Transport (Vehicle Registration) Regulation 2007.

retractable axle means an axle that can be raised so that the tyres on the axle do not touch the ground.

road train means a combination, other than a B-double, consisting of a motor vehicle towing at least 2 trailers (counting as one trailer a converter dolly supporting a semi-trailer).

Typical triple road train

section width of tyre means the tyre width determined in accordance with clause 1 (3), (4) or (5) of Schedule 2.

semi-trailer means a trailer that has:

(a)  one axle group or single axle towards the rear, and

(b)  a means of attachment to a prime mover that would result in some of the load being imposed on the prime mover.

single axle means an axle not forming part of an axle group.

single axle group means a group of 2 or more axles, in which the horizontal distance between the centre lines of the outermost axles is less than 1 m.

single motor vehicle means a motor vehicle that is not part of a combination.

special purpose vehicle means a motor vehicle, other than a tow truck or an agricultural vehicle, built for a purpose other than carrying a load, except for water in the case of concrete pumps and fire trucks.

station wagon has the same meaning as in the Road Transport (Vehicle Registration) Regulation 2007.

tandem axle group means a group of at least 2 axles, in which the horizontal distance between the centre-lines of the outermost axles is at least 1 m, but not more than 2 m.

the Act means the Road Transport (General) Act 2005.

total mass in relation to a load-carrying vehicle or combination means the loaded mass of the vehicle or combination and, in relation to a non load-carrying vehicle or combination, means the mass of that vehicle or combination together with:

(a)  all the goods, passengers and drivers in or on the vehicle or combination, and

(b)  all fuel, water, lubricants and readily removable equipment carried in or on the vehicle or combination and required for its normal operation, and

(c)  personal items used by a driver of the vehicle or combination, and

(d)  anything that is normally removed from the vehicle or combination when not in use.

tow coupling has the same meaning as in the Road Transport (Vehicle Registration) Regulation 2007.

towing eye means that portion of a drawbar that when connected to a towing attachment forms a tow coupling.

tri-axle group means a group of at least 3 axles, in which the horizontal distance between the centre-lines of the outermost axles is more than 2 m, but not more than 3.2 m.

turntable has the same meaning as in the Road Transport (Vehicle Registration) Regulation 2007.

twinsteer axle group means a group of 2 axles:

(a)  with single tyres, and

(b)  fitted to a motor vehicle, and

(c)  connected to the same steering mechanism, and

(d)  the horizontal distance between whose centre-lines is at least 1 m, but not more than 2 m.

Typical twinsteer axle group on a motor vehicle

vehicle includes the vehicle’s equipment and any substances that the vehicle is carrying that are essential for its operation.

vehicle registration authority in relation to a vehicle, means:

(a)  the authority that last registered the vehicle, or

(b)  if the vehicle has never been registered—the authority responsible for registering vehicles in the State or Territory in which the vehicle is used or is intended to be used.

warning light means a light that complies with the specifications in Part 6 of Schedule 2.

warning sign means a sign that complies with Part 7 of Schedule 2.

wheel includes any group of wheels which are mounted on an axle and are on one side of the longitudinal centre-line of the vehicle.

wheelbase in relation to a vehicle, means the distance from the centre-line of the vehicle’s foremost axle to the rear overhang line.

wheel load means the mass transmitted to the road by any wheel.

Dictionary: Am 2006 No 86, Sch 2 [9]; 2007 (521), Sch 1 [1] [4].