Road Transport (Mass, Loading and Access) Regulation 1996

Part 1 Preliminary

1 Name of Regulation

This Regulation is the Road Transport (Mass, Loading and Access) Regulation 1996.

2 Commencement

This Regulation commences on 1 July 1996.

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.

4 Objects

The objects of this Regulation are:

(a)  to implement provisions that are to be applied uniformly within Australia regulating:

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

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

(iii)  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

(b)  to repeal consequentially the Roads (Weight of Loads on Main Roads) Transitional Regulation 1993, the Roads (Weight of Loads on Roads other than Main Roads) Transitional Regulation 1993 and the Roads (Excess Vehicle Weight Permit) Transitional Regulation 1993.

5 Application

(1)  Subject to subclause (4), (5) and (6), this Regulation applies to the following vehicles and combinations:

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

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

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

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

(4)  Clauses 40, 57 and 58, Part 8 and Division 3 of Part 9 apply to a vehicle or combination of any mass.

(5)  Clause 42 applies to:

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

(b)  a combination, consisting of a motor vehicle connected to one or more vehicles, having a GCM exceeding 4.5 tonnes, and

(c)  any other vehicle that is, in the opinion of an authorised officer, being used for business or commercial purposes.

(6)  Clauses 55 and 56 and Division 2 of Part 9 apply to any vehicle or combination having a GVM or GCM not exceeding 4.5 tonnes.

cl 5: Am 19.12.1997; 29.10.1999; 26.11.1999.

6 Notes and diagrams

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

Part 2 Mass, dimension and loading requirements for heavy vehicles

7 Heavy vehicles to comply with Schedule 1

Schedule 1 applies to:

(a)  a vehicle with a GVM exceeding 4.5 tonnes, and

(b)  a combination with a GCM exceeding 4.5 tonnes or one that includes a vehicle with a GVM exceeding 4.5 tonnes, and

(c)  a load on a vehicle described in paragraph (a) or on a combination described in paragraph (b).

8 Declaring buses to be complying vehicles

(1)  This Part applies to a bus that:

(a)  is not fitted with a compliance plate in accordance with the Motor Vehicles 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.

Part 3 Exemptions from the mass and dimension requirements

Division 1 Class 1 Vehicles

9 Application of this Division

(1)  This Division and Schedule 2 apply to:

(a)  a special purpose vehicle, and

(b)  an agricultural machine or agricultural implement, and

(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 1998 (other than a dimension limit from which it has been exempted under clause 14 of Schedule 4 to that Regulation).

(2)  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.

cl 9: Am 5.3.1999.

10 Exemption by notice in Gazette

(1)  The Authority may, by 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 1998.

(2)  The Authority may, by notice published in the Gazette, also exempt Class 1 special purpose vehicles from the dimension limits in Table 3 of clause 2 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.

Note—

Gazette is defined in the Interpretation Act 1987 to mean the New South Wales Government Gazette.

cl 10: Am 27.3.1998; 5.3.1999; 1999 No 19, Sch 3.24 [1].

cl 10, note: Subst 1999 No 19, Sch 3.24 [2].

11 What must be included in a Class 1 notice?

(1)  A Class 1 notice must specify:

(a)  in the case of a notice made under clause 10 (1), the Class 1 vehicles to which it applies, and

(a1)  in the case of a notice made under clause 10 (2), the special purpose vehicles to which it applies, and

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

(c)  the provisions of this Regulation and the Road Transport (Vehicle Registration) Regulation 1998 from which exemption is given, and

(d)  the conditions under which the exemption is given, and

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

(2)  The conditions of a Class 1 notice that is made under clause 10 (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.

cl 11: Am 27.3.1998; 5.3.1999; 1999 No 19, Sch 3.24 [3].

12 Exemption by permit

(1)  An owner of a Class 1 vehicle may apply to the Authority for a permit exempting the vehicle from a requirement of Schedule 1 or the Road Transport (Vehicle Registration) Regulation 1998.

(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 1998 (other than a dimension limit from which it has been exempted under clause 14 of Schedule 4 to that Regulation).

(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.

Note—

Clause 90 of the Road Transport (Vehicle Registration) Regulation 1998 provides that a person or vehicle is exempted from a dimension limit or any other requirement of those Regulations if that person or vehicle is exempted from that limit or requirement under this Regulation.

cl 12: Am 27.3.1998; 5.3.1999; 1999 No 19, Sch 3.24 [4].

cl 12, note: Am 5.3.1999. Subst 1999 No 19, Sch 3.24 [5].

13 What must be included in a Class 1 permit?

(1)  A Class 1 permit must specify:

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

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

(c)  the provisions of Schedule 1 or the Road Transport (Vehicle Registration) Regulation 1998 from which exemption is given, and

(d)  the conditions under which the exemption is given, and

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

(2)  Without limiting subclause (1), the conditions of a Class 1 permit must include all the conditions set out in Parts 6 and 7 of Schedule 2, which may be incorporated in the permit by referring to them rather than by setting them out in full.

cl 13: Am 27.3.1998; 5.3.1999; 1999 No 19, Sch 3.24 [6].

14 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 2 Class 2 Vehicles

15 Application of this Division

This Division applies only to Class 2 vehicles.

Note—

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

16 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

17 Class 2 notice

The Authority may, by 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.

18 Class 2 permit

(1)  An owner of a Class 2 vehicle may apply to the Authority for a 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.

19 Power to grant Class 2 permit

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

20 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 any 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.

(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.

21 What must be included in a Class 2 notice or permit?

(1)  The Authority must set out in a Class 2 notice or a Class 2 permit:

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

(b)  the conditions of the notice or permit, and

(c)  how long the notice or permit is to remain in force, and

(d)  in the case of a permit—the registration number (if any) of the vehicle to which the permit relates, and

(e)  in the case of a permit—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 3 Class 3 vehicles

22 Application of this Division

This Division applies only to Class 3 vehicles.

23 Exemption by notice in Gazette

(1)  The Authority may, by notice published in the Gazette, exempt specified categories of 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 1998.

(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.

(3)  The Authority may, by 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 1998 provides that a person or vehicle is exempted from a dimension limit or any other requirement of those Regulations if that person or vehicle is exempted from that limit or requirement under this Regulation.

cl 23: Am 5.3.1999; 1999 No 19, Sch 3.24 [7].

cl 23, note: Am 5.3.1999. Subst 1999 No 19, Sch 3.24 [8].

24 Exemption by permit

(1)  An owner of a Class 3 vehicle may apply to the Authority for a permit exempting the Class 3 vehicle from a requirement of Schedule 1 or the Road Transport (Vehicle Registration) Regulation 1998.

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

cl 24: Am 5.3.1999; 1999 No 19, Sch 3.24 [9].

25 Power to grant Class 3 permit

The Authority may grant a 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 1998.

cl 25: Am 5.3.1999; 1999 No 19, Sch 3.24 [10].

26 What must be included in a Class 3 notice or permit?

(1)  The Authority must set out in a Class 3 notice or a Class 3 permit:

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

(b)  the provisions of Schedule 1 and the Road Transport (Vehicle Registration) Regulation 1998 from which exemption is given, and

(c)  the conditions of the notice or permit, and

(d)  in the case of a permit—the registration number (if any) of the vehicle to which the permit relates, and

(e)  how long it is to remain in force, and

(f)  in the case of a permit—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.

cl 26: Am 5.3.1999; 1999 No 19, Sch 3.24 [11].

27 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 1998 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 1998, 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, and

(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 1998 that would not have been exceeded by the carrying of only one of the large indivisible items, and

(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.

cl 27: Am 5.3.1999; 1999 No 19, Sch 3.24 [12]–[14]; 2004 No 55, Sch 1.31 [1].

Part 4 General

28 Application of Part

Unless a contrary intention appears, this Part applies to Class 1, Class 2 and Class 3 Vehicles.

29 Defence to a prosecution

(1)  It is a defence to a prosecution for an offence under this Regulation (other than an offence to which subclause (2) applies) if the defendant proves that the offence:

(a)  was the result of an accident, or

(b)  was the result of compliance with a direction of a police officer, or

(c)  could not have been avoided by any reasonable efforts on the part of the defendant.

(2)  Section 235 of the Act applies to any offence under this Regulation relating to a breach of a mass limit in the same way as it applies to an offence under that section.

30 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 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.

31 Failure to comply with Schedule 1—motor vehicles

(1)  If a motor vehicle or a load on a motor vehicle does not comply with a requirement in Schedule 1 that applies to it, each of the following persons is guilty of an offence:

(a)  the owner of the motor vehicle,

(b)  the driver of the motor vehicle.

Maximum penalty: 30 penalty units

(2)  This clause applies to any vehicle to which Schedule 1 applies (or would apply but for any exemption), whether or not it is a Class 1, 2 or 3 vehicle.

32 Failure to comply with Schedule 1—trailers

(1)  If a trailer or a load on a trailer does not comply with a requirement in Schedule 1 that applies to it, each of the following persons is guilty of an offence:

(a)  the owner of the trailer,

(b)  the owner of any motor vehicle towing the trailer,

(c)  the driver of any motor vehicle towing the trailer.

Maximum penalty: 30 penalty units

(2)  This clause applies to any vehicle to which Schedule 1 applies (or would apply but for any exemption), whether or not it is a Class 1, 2 or 3 vehicle.

33 Failure to comply with Schedule 1—combinations

(1)  If a combination fails to comply with a requirement in Schedule 1 that applies to it, each of the following persons is guilty of an offence:

(a)  the owner of the motor vehicle included in the combination,

(b)  the driver of the motor vehicle included in the combination,

(c)  the owner of a trailer included in the combination.

Maximum penalty: 30 penalty units

(2)  This clause applies to any vehicle to which Schedule 1 applies (or would apply but for any exemption), whether or not it is a Class 1, 2 or 3 vehicle.

34 Punishment for failure to comply with this Regulation

(1)  A person who is both the driver and owner of the relevant vehicle or trailer may be punished only once for the same failure of the combination to comply with a requirement of or imposed under this Regulation.

(2)  If:

(a)  a person is prosecuted for an offence under this Regulation, and

(b)  the offence relates to the failure of a vehicle or a combination to comply with a mass or dimension limit specified in Schedule 1, and

(c)  an exemption by notice or permit has been given under this Regulation on condition that the vehicle or combination comply with a greater mass or dimension limit specified in that notice or permit, and

(d)  at the time of the offence the vehicle or combination was travelling:

(i)  on a route other than a route on which it was permitted to travel under the conditions of the exemption, or

(ii)  at a time other than a time at which it was permitted to travel under the conditions of the exemption, or

(iii)  accompanied by fewer than the number of pilot or escort vehicles required under the conditions of the exemption, or

(iv)  with loaded mass that is more than 10% in excess of the limit allowed under the conditions of the exemption,

the exemption must be disregarded for the purposes of the prosecution.

cl 34: Am 27.6.1997.

35 Loading offences

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

(2)  A load on a vehicle 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)  If a motor vehicle or a load on a motor vehicle does not comply with a loading requirement under this Regulation that applies to it, each of the following persons is guilty of an offence:

(a)  the owner of the motor vehicle,

(b)  the driver of the motor vehicle.

(5)  If a trailer or a load on a trailer does not comply with a loading requirement under this Regulation, each of the following persons is guilty of an offence:

(a)  the owner of the trailer,

(b)  the owner of any motor vehicle towing the trailer,

(c)  the driver of any motor vehicle towing the trailer.

(6)  If a combination does not comply with a loading requirement under this Regulation that applies to it, each of the following persons is guilty of an offence:

(a)  the owner of the motor vehicle included in the combination,

(b)  the driver of the motor vehicle included in the combination,

(c)  the owner of a trailer included in the combination.

Maximum penalty (subclauses (4)–(6)): 30 penalty units

(7)  Subclauses (4)–(6) apply to any vehicle to which Schedule 1 applies (or would apply but for any exemption).

(8)  In proceedings for a failure to comply with 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 Roads and Traffic Authority.

(9)  In proceedings for a failure to comply with this clause, a document purporting to be the Load Restraint Guide referred to subclause (8) must be taken to the Load Restraint Guide, unless the document is proved by the defendant not to be the Load Restraint Guide.

(10)  If the prosecution in proceedings for a failure to comply with subclause (2) (relating to securing a load on a vehicle) 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.

(11)  This clause applies to a vehicle even if it is not a Class 1, 2 or 3 vehicle.

cl 35: Am 27.6.1997; 27.8.2004.

36 Failure to comply with a condition of a Class 1, 2 or 3 notice or permit

(1)  A person is guilty of an offence if a condition of a notice or permit (or of an exemption granted under clause 39) is breached by:

(a)  the person, or

(b)  a combination that the person is driving, or

(c)  a motor vehicle that does not form part of a combination and that the person is driving, or

(d)  a vehicle forming part of a combination that the person is driving, or

(e)  in the case of the owner of any such motor vehicle, vehicle or combination—the owner if the owner allows it to be driven by another person.

Maximum penalty: 30 penalty units

(2)  Despite subclause (1), the driver or owner of a Class 1 vehicle is not liable to prosecution for contravening Schedule 2, but may be liable to prosecution for contravening Schedule 1 or the Road Transport (Vehicle Registration) Regulation 1998 if the vehicle breaches a condition of a notice or permit (or of an exemption granted under under clause 39) by travelling:

(a)  in an area or on a route other than an area or a route on which it is permitted to travel under a notice or permit, or

(b)  at a time other than a time at which it is permitted to travel under a notice or permit, or

(c)  accompanied by fewer than the number of pilot or escort vehicles required under a notice or permit that applies to it, or

(d)  with a loaded mass that is more than 10% in excess of the limit allowed under a notice or permit, or

(e)  with an axle load that exceeds the load applicable under Schedule 2 to an axle or group of axles.

(3)  A person is guilty of an offence if a condition of a Class 3 notice or Class 3 permit (or of an exemption granted under clause 39) is not met by:

(a)  the person, or

(b)  a combination which the person is driving or operating, or

(c)  a single motor vehicle which the person is driving or operating.

Maximum penalty: 30 penalty units

(4)  The driver or owner of a Class 3 vehicle is not liable to prosecution under Part 3, but may be liable to prosecution for contravening Schedule 1 or the Road Transport (Vehicle Registration) Regulation 1998 if the Class 3 vehicle breaks a condition of a notice or permit (or of an exemption granted under clause 39) by travelling:

(a)  in an area or on a route other than an area or route in or on which it is permitted to travel under a notice or permit, or

(b)  at a time other than a time at which it is permitted to travel under a notice or permit, or

(c)  with a loaded mass that is more than 10% in excess of the limit allowed under a notice or permit, or

(d)  with an axle load that exceeds the load applicable under Schedule 2 to an axle or group of axles.

(5)  Any notice or permit issued under this Regulation must be disregarded for the purposes of a prosecution for contravening Schedule 1 or the Road Transport (Vehicle Registration) Regulation 1998 in the circumstances referred to in subclauses (2) and (4).

(6)  This clause applies to a vehicle even if it is not a Class 1, 2 or 3 vehicle.

Note—

Clause 90 of the Road Transport (Vehicle Registration) Regulation 1998 provides that a person or vehicle is exempted from a dimension limit or any other requirement of those Regulations if that person or vehicle is exempted from that limit or requirement under this Regulation.

cl 36: Am 27.6.1997; 27.3.1998; 5.3.1999; 1999 No 19, Sch 3.24 [15]–[17].

cl 36, note: Am 5.3.1999. Subst 1999 No 19, Sch 3.24 [18].

37 Multiple offences and multiple requirements

(1)  A person who is convicted of an offence in relation to a vehicle or a combination that fails to comply with a requirement in Schedule 1 may be convicted of another offence if different parts of the vehicle or combination simultaneously fail to comply with the same or a similar requirement in the Schedule.

(2)  A person who is both the owner and the driver of the motor vehicle may be punished only once for the same failure of the vehicle or load to comply with a requirement referred to in subclause (1).

(3)  A person who is both the driver and the owner of a vehicle or combination may be punished only once in relation to the same failure of the person, vehicle or combination to comply with a condition of a notice or permit or of an exemption granted under clause 39.

(4)  A person who is both the driver of a pilot vehicle and the owner of a vehicle or combination being accompanied by that pilot vehicle may be prosecuted in either of those capacities in the circumstances described in clause 36 (2) (a), (b) or (c), but may be punished only once in respect of a particular offence arising from those circumstances.

(5)  A person who is convicted of an offence, in relation to a part of a motor vehicle or trailer that fails to comply with a condition, may be convicted of another offence if another part of the motor vehicle or trailer also fails to comply with the same or a similar condition.

(6)  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.

(7)  This clause applies to a vehicle even if it is not a Class 1, 2 or 3 vehicle.

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

(1)  If a pilot vehicle:

(a)  accompanies an oversize vehicle or combination in any of the circumstances described in clause 36 (2) (a), (b) or (c), or

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

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

Maximum penalty: 30 penalty units

39 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 to which it is subject, but may cause it to be communicated orally to the owner or driver.

Part 5 Special load limits

Division 1 Light traffic thoroughfares

40 Loads on light traffic thoroughfares, bridges and roads

(1)  For the purposes of section 112 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 form illustrated in Schedule 3.

(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 notice of the kind illustrated in Schedule 3 prohibits the passage, from a direction facing the notice, of a vehicle or combination exceeding the total mass indicated by the notice.

(4)  A notice in or similar to the form illustrated in Schedule 3 (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.

cl 40: Subst 1997 No 55, Sch 1.20.

Division 2 Special load limits

41 Special load 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 to the vehicle.

(2)  Any such load or limit fixed under subclause (1) 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) operates as though prescribed by this Regulation and any person who fails to comply with the terms of any such notification issued for the purposes of this clause is guilty of an offence.

Maximum penalty: 30 penalty units

Part 5A Special towing provisions

pt 5A: Ins 5.3.1999.

41A Definitions

In this Part:

articulated vehicle and tractor have the same meanings as they have in the Road Transport (Vehicle Registration) Regulation 1998.

cl 41A: Ins 5.3.1999. Subst 1999 No 19, Sch 3.24 [19].

41B Application of Part

This Part 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.

cll 41B–41G: Ins 5.3.1999.

41C Certain combinations not to be used without permission

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

cll 41B–41G: Ins 5.3.1999.

41D Exemptions

Clause 41C does not apply to or in respect of such of the following combinations as 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 4 to the Road Transport (Vehicle Registration) Regulation 1998.

cll 41B–41G: Ins 5.3.1999.

41E Exemption by notice in Gazette

(1)  The Authority may, by notice published in the Gazette, exempt a combination to which this Part applies from the operation of clause 41C.

(2)  Any such notice must specify:

(a)  the conditions (if any) to which the exemption is subject, and

(b)  the period for which the exemption is to remain in force.

cll 41B–41G: Ins 5.3.1999.

41F 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 41C.

(2)  The Authority may issue such a permit, whether conditional or unconditional.

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

cll 41B–41G: Ins 5.3.1999.

41G Contents of permit

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)  any conditions to which the permit is subject,

(d)  the period for which the permit is to remain in force.

cll 41B–41G: Ins 5.3.1999.

41H Application fee for permit

(1)  The fee for the issue of a permit under this Part is $61.

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

cl 41H: Ins 5.3.1999. Am 29.10.1999; 30.6.2000; 29.6.2001; 28.6.2002; 27.6.2003; 1.7.2004; 2005 (311), Sch 1 [1].

41I Offence

(1)  If a combination stands or is driven on a road or road-related area in contravention of clause 41C, or in contravention of the conditions of a notice or permit under this Part, each of the following persons is guilty of an offence:

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

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

Maximum penalty: 30 penalty units.

(2)  A person may not be punished more than once (for example, firstly as owner and secondly as driver of a vehicle included in the combination concerned) in relation to the same contravention of clause 41C.

cll 41I: Ins 5.3.1999.

41J Documents to be carried

Clause 30 applies in respect of a combination to which this Part applies in the same way as it applies in respect of a Class 1, Class 2 and Class 3 vehicle.

cll 41J: Ins 5.3.1999.

Part 6 Vehicle mass and other load requirement checks

pt 6, hdg: Subst 29.10.1999.

Division 1 Mass and other load requirement checks

pt 6, div 1, hdg: Subst 29.10.1999.

42 Driver to comply with requirements

(1)  For the purposes of section 230 of the Act, an authorised officer must, where the officer has been authorised to exercise his or her powers by a roads authority, wear a badge or other distinguishing mark given to him or her by a roads authority for the purpose of indicating his or her authority.

(2)  For the purposes of section 230 (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, where 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)  A notice referred to in this clause 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)  For the purposes of section 230 of the Act, an authorised officer may also direct a driver of a vehicle to drive the vehicle from the location at which the authorised officer has directed the driver to stop to some other location in the vicinity of the notice referred to in subclause (3).

(5)  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.

(6)  However, a direction referred to in subclause (5) 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 (5) the word “CLOSED”.

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

cl 42: Am 27.6.1997.

43 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.

44 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, or

(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.

45 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, or

(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.

46 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, to be taken to be the weight for which the weighing device has been so verified.

Division 2 Variations

47 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 on 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 referred to in subclause (1) for any class of vehicle must not exceed the appropriate axle load or sum of axle loads specified in Schedule 1.

(3)  A person must not, without reasonable excuse, fail to comply with a prohibition under this clause.

Maximum penalty: 30 penalty units

Part 7 Miscellaneous

48 Class 1, 2 and 3 permit application fees

(1)  The fee for the issue of a Class 1, 2 or 3 permit is $61.

(2)  The Authority may, for such reason as 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 48: Am 27.6.1997; 29.10.1999; 30.6.2000; 29.6.2001; 28.6.2002; 27.6.2003; 1.7.2004; 2005 (311), Sch 1 [2].

49 Repeal, savings, transitional and other provisions

(1)  The following Regulations are repealed:

(a)  the Roads (Excess Vehicle Weight Permit) Transitional Regulation 1993,

(b)  the Roads (Weight of Loads on Main Roads) Transitional Regulation 1993, and

(c)  the Roads (Weight of Loads on Roads Other than Main Roads) Transitional Regulation 1993.

(2)  Clause 34 of the Roads (General) Regulation 1994 is repealed.

(3)  Any act, matter or thing that, immediately before the repeal of a Regulation referred in subclause (1), had effect under that Regulation is taken to have effect under this Regulation.

(4)  Without limiting the generality of subclause (3), a notice erected before 1 July 1996 in accordance with clause 11 of the Roads (Weight of Loads on Roads Other than Main Roads) Transitional Regulation 1993, as in force immediately before its repeal on that date by this Regulation, continues to have effect under that clause as if the clause had not been repealed.

cl 49: Am 27.6.1997.

50 (Repealed)

cl 50: Ins 27.6.1997. Rep 26.11.1999.

Part 8 Road trains

pt 8 (cll 51–54): Ins 26.11.1999.

51 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 4 to the Road Transport (Vehicle Registration) Regulation 1998,

(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 upon a road or road related area, or cause or permit any road train to be driven upon 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.

pt 8 (cll 51–54): Ins 26.11.1999.

52 Tracking of component vehicles

A person must not drive any road train upon a road or road related area, unless every component vehicle (except the hauling unit) comprising the road train, when that road train is driven upon 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.

pt 8 (cll 51–54): Ins 26.11.1999.

53 Capacity of tow couplings

A person must not drive or cause or permit to be driven upon 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 4 to the Road Transport (Vehicle Registration) Regulation 1998, 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 4 to the Road Transport (Vehicle Registration) Regulation 1998, 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 4 to the Road Transport (Vehicle Registration) Regulation 1998.

pt 8 (cll 51–54): Ins 26.11.1999.

54 Length of road trains

(1)  Except as provided by subclauses (2) and (3), a person must not drive or cause or permit to be driven upon a road or road related area a road train that has a length greater than 53 m.

Maximum penalty: 20 penalty units.

(2)  The Authority may determine a maximum length, being a length less than 53 m for:

(a)  road trains with certain configurations, or

(b)  road trains when in certain areas.

(3)  A person must not drive or cause or permit to be driven upon a road or road related area a road train in contravention of any determination of the Authority under subclause (2).

Maximum penalty: 20 penalty units.

pt 8 (cll 51–54): Ins 26.11.1999.

Part 9 Loading and dimensions of vehicles

pt 9: Ins 26.11.1999.

Division 1 General

pt 9, div 1: Ins 26.11.1999.

55 Projection of loading or equipment of vehicles

(1)  A person must not drive or cause or permit to be driven upon 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 upon the vehicle or any trailer drawn by the vehicle:

(i)  projects more than 1.2 metres 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 metres 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 metres in length or a trailer, projects more than 1.2 m to the rear of the motor vehicle or trailer, as the case may be, except as provided in subclause (2), or

(iv)  in the case of a vehicle exceeding 9.5 metres 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 1998 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 the 1st 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.

Maximum penalty: 20 penalty units.

(2)  It is not an offence against 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 the vehicle if:

(a)  the overall length of the vehicle or of the combination of vehicle and trailer, as the case may be, together with the loading or equipment thereon, is within the relevant limit fixed by Schedule 4 to the Road Transport (Vehicle Registration) Regulation 1998, 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 such 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 the vehicle projects in such a manner 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 in subclause (2) (c).

Maximum penalty: 20 penalty units.

(5), (6)    (Repealed)

Note—

This clause does not apply to any vehicle or combination of vehicles with a GVM or GCM of greater than 4.5 tonnes. See clause 5 (6).

cl 55: Ins 26.11.1999. Am 25.2.2000.

55A 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 55 (1).

(2)  Any such notice must specify:

(a)  the conditions (if any) to which the exemption is subject, and

(b)  the period for which the exemption is to remain in force.

cl 55A: Ins 25.2.2000.

55B 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 55 (1).

(2)  The Authority may issue such a permit, whether conditional or unconditional.

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

(4)  The fee for the issue of a permit under this clause is $61.

(5)  The Authority may, for such reason as the Authority considers sufficient, exempt a person from the requirement to pay the fee specified in subclause (4), or waive or wholly or partly refund a fee that would otherwise be payable or has been paid in accordance with this clause.

cl 55B: Ins 25.2.2000. Am 30.6.2000; 29.6.2001; 28.6.2002; 27.6.2003; 1.7.2004; 2005 (311), Sch 1 [3].

56 Requirements as to certain loadings

(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)  If a motor vehicle or a load on a motor vehicle does not comply with a loading requirement under this clause, each of the following persons is guilty of an offence:

(a)  the owner of the motor vehicle,

(b)  the driver of the motor vehicle.

(5)  If a trailer or a load on a trailer does not comply with a loading requirement under this clause, each of the following persons is guilty of an offence:

(a)  the owner of the trailer,

(b)  the owner of any motor vehicle towing the trailer,

(c)  the driver of any motor vehicle towing the trailer.

(6)  If a combination does not comply with a loading requirement under this clause, each of the following persons is guilty of an offence:

(a)  the owner of the motor vehicle included in the combination,

(b)  the driver of the motor vehicle included in the combination,

(c)  the owner of a trailer included in the combination.

Maximum penalty (subclauses (4)–(6)): 30 penalty units.

(7)  In proceedings for a failure to comply with 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 Roads and Traffic Authority.

(8)  In proceedings for a failure to comply with this clause, a document purporting to be the Load Restraint Guide referred to subclause (7) is taken to be the Load Restraint Guide, unless the document is proved by the defendant not to be the Load Restraint Guide.

(9)  If the prosecution in proceedings for a failure to comply with subclause (2) (relating to securing a load on a vehicle) 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.

Note—

This clause does not apply to any vehicle or combination of vehicles with a GVM or GCM of greater than 4.5 tonnes. See clause 5 (6).

cl 56: Ins 26.11.1999. Am 27.8.2004.

57 Driver to have sufficient control

A person must not drive upon 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 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.

cll 57: Ins 26.11.1999.

58 Three-wheeled vehicles and cycles

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

cll 58: Ins 26.11.1999.

Division 2 Mass limits for certain motor lorries and certain trailers

pt 9, div 2: Ins 26.11.1999.

59 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 such 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.

pt 9, div 3 (cll 59–69): Ins 26.11.1999.

60 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).

Note—

This Division does not apply to any vehicle or combination of vehicles with a GVM or GCM of greater than 4.5 tonnes. See clause 5 (6).

pt 9, div 3 (cll 59–69): Ins 26.11.1999.

61 Roads 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.

pt 9, div 3 (cll 59–69): Ins 26.11.1999.

62 Mass limits not to be exceeded

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

Maximum penalty: 20 penalty units.

(2)  A person does not commit an offence against 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 clause (1).

pt 9, div 3 (cll 59–69): Ins 26.11.1999.

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

(1)  A person must not drive a motor lorry, or cause a motor lorry to be driven, 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 millimetres high, and clearly legible at a distance of 5 metres.

(3)  An existing motor lorry (except one for which a mass limit has been determined under clause 66) 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 millimetres high, and clearly legible at a distance of 5 metres.

(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.

pt 9, div 3 (cll 59–69): Ins 26.11.1999.

64 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 66 (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).

pt 9, div 3 (cll 59–69): Ins 26.11.1999.

65 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 which 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 66.

pt 9, div 3 (cll 59–69): Ins 26.11.1999.

66 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 64 (2) or (3), or

(b)  if the lorry is an existing motor lorry and has been altered as referred to in clause 65 (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.

pt 9, div 3 (cll 59–69): Ins 26.11.1999.

67 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 66, 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 66. 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.

pt 9, div 3 (cll 59–69): Ins 26.11.1999.

Division 3 Miscellaneous

pt 9, div 3 (cll 59–69): Ins 26.11.1999.

68 Loading and dimensions: responsibilities of owners

Without affecting the liability of any other person, the owner of a motor vehicle or trailer who causes, permits or allows or fails to take reasonable precautions to prevent a contravention of any of the provisions of Division 1 or 2, is guilty of an offence.

Maximum penalty: 20 penalty units.

pt 9, div 3 (cll 59–69): Ins 26.11.1999.

69 Vehicle to be weighed on request

The driver or person in charge of any motor vehicle or trailer must observe and comply with any reasonable directions given by any police officer (or an officer authorised by the Authority) for the purpose of determining the weight of the vehicle or any trailer together with the loading carried on the vehicle or trailer.

Maximum penalty: 20 penalty units.

pt 9, div 3 (cll 59–69): Ins 26.11.1999.

Part 10 Mass Management Accreditation Scheme

pt 10: Ins 12.4.2001.

70 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)  $74, and

(b)  $24 for each nominated vehicle that will be the subject of the accreditation.

(3)  The Authority may, for such reason as 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 70: Ins 12.4.2001. Am 28.6.2002; 27.6.2003; 1.7.2004; 2005 (311), Sch 1 [4].

71 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.

cll 71–74: Ins 12.4.2001.

72 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.

cll 71–74: Ins 12.4.2001.

73 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) (c) 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 74 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 10A of Schedule 2 to the Road Transport (General) Regulation 1999 operates as a stay of the decision pending the determination of the appeal.

cll 71–74: Ins 12.4.2001.

74 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 78D of the decision to vary, suspend of 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.

cll 71–74: Ins 12.4.2001.

Schedule 1 Mass and loading requirements for heavy vehicles

(Clause 7)

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

(a1)  in the case of an ultra-low floor bus that has no axle groups and only two single axles—16.0 tonnes, and

(a2)  in the case of an articulated ultra-low floor bus that has no axle groups and only three single axles—26.0 tonnes, and

(b)  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)    (Repealed)

(b)  is equipped with a stairless entry, and

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

(d)  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
(b1)  an ultra-low floor bus that has no axle groups and only two single axles	11.0
(b2)  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)
(c)  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, and

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 metre.

(3)    (Repealed)

(4)  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.

(5)  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 metres, 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 metres, 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 and L is the distance in metres.
		For L greater than 11.33 metres   where M is the mass limit in tonnes and 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, and 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, and

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, and

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

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

Part 2 Size and projection of loads

7 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 1998.

(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 1998.

Illustration of the rear overhang limit permitted by the Road Transport (Vehicle Registration) Regulation 1998 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

(4)  Subclause (2) does not apply to the rear overhang of an existing vehicle if:

(a)  the vehicle is operated by a registered operator who, on and from the commencement of this subclause, has been continuously recorded as the registered operator of the vehicle under the Road Transport (Vehicle Registration) Act 1997, and

(b)  the provisions of Regulation 118 (2) of the Motor Traffic Regulations 1935 (as in force immediately before 1 July 1996) are complied with.

(5)  Subclause (4) ceases to have effect on 1 July 2005.

(6)  In this clause:

existing vehicle means a vehicle that:

(a)  was registered under the Traffic Act 1909 on or before 1 July 1996, and

(b)  has been continuously registered (whether under that Act or the Road Transport (Vehicle Registration) Act 1997) since that date.

8 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 7 (1), with a maximum side projection of load allowed under clause 8 (1)

Note—

The combined dimensions of a vehicle and its load must still meet the requirements of clause 7 of this Schedule even if the load projects from the vehicle in any direction.

9 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)  In the night-time, the warning signal must be a red light which can be seen for 200 m.

10 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

11 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 27.6.1997; 19.12.1997; 5.3.1999; 1999 No 19, Sch 3.24 [20]; 15.10.1999; 25.2.2000; 15.9.2000; 30.4.2004; 2005 (134), Sch 1 [1]–[3].

Schedule 2 Oversize and overmass vehicles

(Clause 9)

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 1998 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—

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—

A notice may specify routes for particular classes of vehicles under clause 11 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 Standard AS 1906, “Retro-reflective Materials and Devices for Road Traffic Control Purposes”, 1990 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.

Notes—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 1998 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.

Note—

This clause prohibits vehicles and combinations larger or heavier than a limit shown on a sign relating to a road or bridge from using the road or bridge.

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

Editorial note—

Clause 12 (3) (a) was amended in Gazette No 68 of 27.6.1997, p 4913. The text of the amendment reads as follows:

  

[8] Schedule 1, clause 12 (3) (a)

Omit “centre line” wherever occurring. Insert instead “centre-line”.

(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
(b)  dual tyres	10
Twinsteer axle group:
(a)  without a load-sharing suspension system	10
(b)  with a load-sharing suspension system	14
Tandem axle group fitted with single tyres	14
Tri-axle group fitted with single tyres	18

(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 metres 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, and

±G is a number of tonnes:

(i)  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

(ii)  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
	metres
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 the 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 1998 to have a rear vision mirror fitted.

Note—

Clause 90 of the Road Transport (Vehicle Registration) Regulation 1998 provides that a person or vehicle is exempted from a dimension limit or any other requirement of those Regulations 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 4 to the Road Transport (Vehicle Registration) Regulation 1998.

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 Standard AS 1906, “Retro-reflective Materials and Devices for Road Traffic Control Purposes”, as amended and in force at the commencement of this Regulation, Parts 1 to 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 1200 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, “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 1200 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, “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, “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 a 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 5.3.1999; 1999 No 19, Sch 3.24 [21]–[23]; 1.6.2001.

Schedule 3 Load limit notices

(Clause 40)

Diagram 1

Schedule 4 (Repealed)

sch 4: Ins 27.6.1997. Am 5.3.1999. Rep 26.11.1999.

Dictionary

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 1998.

at night means during the period between sunset and sunrise.

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.

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.

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 42 or by an authorised officer exercising functions under that clause.

Class 1 notice means a notice published under clause 10 in respect of a Class 1 vehicle.

Class 1 permit means a permit issued under clause 12 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 1998.

Class 2 notice means a notice published under clause 17 in respect of a Class 2 vehicle.

Class 2 permit means a permit issued under clause 19 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 1998 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 23 in respect of a Class 3 vehicle.

Class 3 permit means a permit issued under clause 25 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.

combination means a group consisting of a motor vehicle connected to one or more vehicles.

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 8 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 1998, or

(b)  an articulated bus within the meaning of the Road Transport (Vehicle Registration) Regulation 1998.

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 has the same meaning as in the Road Transport (Vehicle Registration) Regulation 1998.

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.

freight container means a box-like goods receptacle provided with corner fittings of, or similar to, the types specified respectively in Australian/New Zealand Standard 3711.3 “Freight Containers Corner Fitting”.

GCM (gross combination mass), in relation to a motor vehicle, means the greatest possible sum of the maximum loaded mass of the motor vehicle and of any vehicles that may lawfully be towed by it at one time:

(a)  as specified by the motor vehicle’s manufacturer:

(i)  on a plate fixed to the vehicle by the manufacturer, or

(ii)  if the manufacturer has not specified the sum of the maximum loaded mass on a plate fixed to the vehicle—in another place, or

(b)  as specified by the vehicle registration authority if:

(i)  the manufacturer has not specified the sum of the maximum loaded mass, or

(ii)  the manufacturer cannot be identified, or

(iii)  the vehicle has been modified to the extent that the manufacturer’s specification is no longer appropriate.

gross road train mass has the same meaning as in the Road Transport (Vehicle Registration) Regulation 1998.

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

GVM (gross vehicle mass) means the maximum loaded mass of a vehicle:

(a)  as specified by the manufacturer, or

(b)  as specified by the vehicle registration authority if:

(i)  the manufacturer has not specified a maximum loaded mass, or

(ii)  the manufacturer cannot be identified, or

(iii)  the vehicle has been modified to the extent that the manufacturer’s specification is no longer appropriate.

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, in relation to a vehicle or combination, includes anything that is normally removed from the vehicle or combination when not in use, but, if the vehicle or combination is not constructed to carry anything that is not normally removed from that vehicle or combination when not in use, does not include:

(a)  tools, equipment or substances necessary for the vehicle or combination to function, or for any load to be restrained, or

(b)  personal items used by the driver.

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 45, 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 metre 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 scheme under the Mass Management Module of the National Heavy Vehicle Accreditation Scheme that is approved by the Authority.

motor bike has the same meaning as in the Road Transport (Vehicle Registration) Regulation 1998.

motor vehicle means a vehicle that is built to be propelled by a motor that forms part of the vehicle.

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.

operate, in relation to a person who is the owner of a vehicle or combination, includes to allow or cause another person to operate the vehicle or combination.

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 1998.

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.

owner in relation to a vehicle, means:

(a)  if the vehicle:

(i)  is registered—the person in whose name the vehicle is registered under a Commonwealth, State or Territory Act, or

(ii)  is not registered—the person to whom a mark, plate, or permit has been issued to allow the vehicle to be used, and

(b)  the person who, according to the vehicle registration authority’s records, has acquired the vehicle from the person in whose name the vehicle is registered under the relevant law, and

(c)  the person who is entitled to the possession of the vehicle.

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, or

(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 1998.

retractable axle means an axle that can be raised so that the tyres on the axle do not touch the ground.

road has the same meaning as in section 264A of the Act.

road related area has the same meaning as in section 264A of the Act.

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 waggon has the same meaning as in the Road Transport (Vehicle Registration) Regulation 1998.

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 metre, but not more than 2 m.

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 anything that is not usually removed from the vehicle or combination when not in use, other than:

(a)  tools, equipment or substances necessary for the vehicle or combination to function, and

(b)  personal items used by the driver.

tow coupling has the same meaning as in the Road Transport (Vehicle Registration) Regulation 1998.

towing eye means that portion of a drawbar that when connected to a towing attachment forms a tow coupling.

trailer means a vehicle that is built to be towed, or is towed, by a motor vehicle, but does not include a motor vehicle that is being towed.

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 1998.

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 metre, but not more than 2 m.

Typical twinsteer axle group on a motor vehicle

vehicle means any description of vehicle on wheels and 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 27.6.1997; 27.3.1998; 5.3.1999; 1999 No 19, Sch 3.24 [24]–[28]; 26.11.1999; 12.4.2001; 2004 No 55, Sch 1.31 [2]–[4].