5 Definitions
100km work, for the purposes of Chapter 6, has the meaning given
by section 289(1).
100+km work, for the purposes of Chapter 6, has the meaning given
by section 289(2).
accreditation certificate means—
(a) for a heavy vehicle accreditation granted under this Law—the
accreditation certificate given for the accreditation under
section 464; or
(b) for a heavy vehicle accreditation granted under another law of a
participating jurisdiction—the certificate of accreditation
(however called) issued for the accreditation under that law.
ADR means—
(a) a third edition ADR; or
(b) a second edition ADR.
advice purposes means providing advice, information and education
to persons with duties or obligations under this Law about compliance
with the duties or obligations.
AFM accreditation means—
(a) AFM accreditation granted under section 458; or
AFM fatigue management system, for the purposes of Chapters 6
and 8, has the meaning given by section 457.
AFM hours, for the purposes of Chapters 6 and 8, has the meaning
given by section 257.
AFM standards and business rules, for the purposes of Chapter 8,
agricultural implement means a vehicle without its own automotive
power, built to perform agricultural tasks, and includes an agricultural
trailer.
• auger
• conveyor
• field bin
• harvester front
• irrigating equipment or machinery
agricultural machine means a vehicle with its own automotive
power, built to perform agricultural tasks.
harvester, tractor
agricultural task means a task carried out in agriculture.
Examples of an agricultural task—
• cultivating land
• growing and harvesting crops
• rearing livestock
agricultural trailer means a trailer that is designed to carry a load and
used exclusively to perform agricultural tasks, but does not include a
semitrailer.
agricultural vehicle means an agricultural implement or agricultural
machine.
Application Act, of this jurisdiction, means the Act of this jurisdiction
by which this Law applies as a law of this jurisdiction.
appropriately qualified, for a function, includes having the
qualifications, experience or standing appropriate to exercise the
function.
Example of standing—
a person’s classification level or position in the public service or a government
agency of a participating jurisdiction
approved, by the responsible Ministers, for the purposes of Chapter 8,
approved auditor, for the purposes of Chapter 8, has the meaning
given by section 457.
approved electronic recording system has the meaning given by
approved form means a form approved by the Regulator under
section 735.
approved guidelines means guidelines approved by the responsible
Ministers under section 653.
approved intelligent transport system has the meaning given by
approved sleeper berth, for the purposes of Chapter 6, has the
approved vehicle examiner means a person approved as a vehicle
examiner under the national regulations (as referred to in
section 731).
articulated bus means a bus with 2 or more rigid sections connected
to one another in a way that allows—
(a) passenger access between the sections; and
(b) rotary movement between the sections.
AS means an Australian standard made or published by Standards
Section 5 - HEAVY VEHICLE NATIONAL LAW (ACT) - Definitions | Zoe
associate, of a person, means—
(a) if the person is an individual—
(i) the individual’s spouse or de facto partner; or
(ii) a relative of the individual, whether by blood, spousal
relationship or adoption; or
(iii) an employee of the individual; or
(iv) an employee of a corporation of which the individual is an
executive officer; or
(v) a partner of the individual; or
(vi) a corporation of which the individual is an executive
officer; or
(vii) a corporation in which the individual holds a controlling
interest; or
(viii) a person who is a trustee of a trust of which the individual
is a trustee or beneficiary; or
(ix) a person who is a beneficiary of a trust of which the
individual is a trustee or beneficiary; or
(x) a person who is accustomed or under an obligation,
whether formal or informal, to act in accordance with the
directions, instructions or wishes of the individual; or
(xi) a person who is an associate of someone who is an
associate of the individual; or
(b) if the person is a corporation—
(i) an executive officer of the corporation; or
(ii) an associate of an executive officer of the corporation; or
(iii) an employee of the corporation; or
(iv) a person who holds a controlling interest in the corporation;
or
(v) a related body corporate, within the meaning of the
Corporations Act 2001 of the Commonwealth, of the
corporation; or
(vi) a person who is an associate of someone who is an
associate of the corporation.
ATM (aggregate trailer mass), of a heavy trailer, means the total
maximum mass of the trailer, as stated by the manufacturer, together
with its load and the mass imposed on the towing vehicle by the trailer
when the towing vehicle and trailer are on a horizontal surface.
Australian Accounting Standards means Accounting Standards
issued by the Australian Accounting Standards Board.
Australian road law means—
(a) this Law; or
(b) another law of a State or Territory that regulates the use of
vehicles on roads.
authorised officer means—
(a) a police officer declared by a law of a participating jurisdiction
to be an authorised officer for the purposes of this Law; or
(b) a person who holds office under this Law as an authorised
authorised use, for the purposes of Part 13.4, has the meaning given
by section 727.
authorised warrant official, for a participating jurisdiction, means an
entity that is declared by a law of that jurisdiction to be an authorised
warrant official for that jurisdiction for the purposes of this Law.
axle means 1 or more shafts positioned in a line across a vehicle, on
which 1 or more wheels intended to support the vehicle turn.
axle group means a tandem axle group, twinsteer axle group, tri-axle
group or quad-axle group.
base, of the driver of a heavy vehicle—
1 The base of the driver of a heavy vehicle, in relation to particular
work—
(a) is the place from which the driver normally does the work; but
(b) is, for the purposes of Chapter 6, the garage address of the
vehicle if—
(i) the vehicle is a fatigue-regulated heavy vehicle; and
(ii) the driver is required under Part 6.4, in relation to that
particular work, to keep a work diary and to record the
location of the driver’s base in the work diary, and has not
done so.
The driver of a fatigue-regulated heavy vehicle may not be required
under Part 6.4, in relation to particular work, to keep a work diary
and to record the location of the driver’s base in the work diary, if,
for example—
• the driver is undertaking 100km work under standard hours
• the driver is working under a work diary exemption
2 For a driver who is a self-employed driver and an employed driver at
different times, the driver may have one base as a self-employed
driver under paragraph 1 and another base as an employed driver
under that paragraph.
3 For a driver who has 2 or more employers, the driver may have a
different base in relation to each employer under paragraph 1.
B-double means a combination consisting of a prime mover towing 2
semitrailers, with the first semitrailer being attached directly to the
prime mover by a fifth wheel coupling and the second semitrailer
being mounted on the rear of the first semitrailer by a fifth wheel
coupling on the first semitrailer.
B-triple means a combination consisting of a prime mover towing 3
semitrailers, with—
(a) the first semitrailer being attached directly to the prime mover
by a fifth wheel coupling; and
(b) the second semitrailer being mounted on the rear of the first
semitrailer by a fifth wheel coupling on the first semitrailer;
and
(c) the third semitrailer being mounted on the rear of the second
semitrailer by a fifth wheel coupling on the second semitrailer.
Typical B-triple
BFM accreditation means—
(a) BFM accreditation granted under section 458; or
BFM fatigue management system, for the purposes of Chapter 8, has
the meaning given by section 457.
BFM hours, for the purposes of Chapters 6 and 8, has the meaning
given by section 253.
BFM standards and business rules, for the purposes of Chapter 8,
Board means the National Heavy Vehicle Regulator Board
established under section 662.
body of fatigue knowledge means any accreditation scheme,
scientific knowledge, expert opinion, guidelines, standards or other
knowledge about preventing or managing exposure to risks to safety
either on a road or in a workplace, arising from fatigue.
bus means a heavy motor vehicle built or fitted to carry more than 9
adults (including the driver).
business practices, of a person, means the person’s practices in
running a business associated with the use of a heavy vehicle on a
road, including—
(a) the operating policies and procedures of the business; and
(b) the human resource and contract management arrangements of
the business; and
(c) the arrangements for preventing or minimising public risks
associated with the person’s practices.
cancel, for the purposes of Chapter 6 in relation to an unused daily
sheet in a written work diary, has the meaning given by section 221.
category, of heavy vehicles, see section 15.
cause, a thing, includes—
(a) contribute to causing the thing; and
(b) encourage the thing.
centre-line, of an axle, means—
(a) for an axle consisting of 1 shaft—a line parallel to the length of
the axle and passing through its centre; and
(b) for an axle consisting of 2 shafts—a line in the vertical plane
passing through—
(i) the centre of both shafts; and
(ii) the centres of the wheels on the shafts.
class 1 heavy vehicle has the meaning given by section 116(1)
and (2).
class 2 heavy vehicle has the meaning given by section 136.
class 2 heavy vehicle authorisation means—
(a) a class 2 heavy vehicle authorisation (notice); or
(b) a class 2 heavy vehicle authorisation (permit).
class 2 heavy vehicle authorisation (notice) has the meaning given
by section 138(2).
class 2 heavy vehicle authorisation (permit) has the meaning given
by section 143(2).
class 3 heavy vehicle has the meaning given by section 116(3).
combination means a group of vehicles consisting of a motor vehicle
towing 1 or more other vehicles.
Commonwealth Gazette means the Commonwealth of Australia
Gazette.
Commonwealth Gazette notice means notice published in the
Commonwealth Gazette.
Commonwealth responsible Minister means the Commonwealth
Minister nominated by the Commonwealth as the responsible
Minister for the Commonwealth for the purposes of this Law.
compensation order has the meaning given by section 611(1).
complaint, for an offence, means a complaint, charge, notice or other
process that starts a proceeding for the offence.
compliance purposes means—
(a) monitoring purposes; or
(b) investigation purposes.
complying container weight declaration has the meaning given by
section 189.
component, of a heavy vehicle that is a combination, means—
(a) other than in Part 3.3, a component vehicle of the combination;
or
(b) a component of any component vehicle of the combination.
component vehicle, of a heavy combination, means the towing
vehicle or another vehicle in the combination.
condition includes a restriction.
conduct means an act, an omission to perform an act, or a state of
affairs.
consent includes an approval or concurrence.
consign and consignor—
A person consigns goods, and is a consignor of goods, for road
transport using a heavy vehicle, if—
(a) the person has consented to being, and is, named or otherwise
identified as a consignor of the goods in the transport
documentation relating to the road transport of the goods; or
(b) the person engages an operator of the vehicle, either directly or
indirectly or through an agent or other intermediary, to transport
the goods by road; or
(c) if paragraphs (a) and (b) do not apply—the person has
possession of, or control over, the goods immediately before the
goods are transported by road.
consignee, of goods—
(a) means a person who—
(i) has consented to being, and is, named or otherwise
identified as the intended consignee of the goods in the
transport documentation relating to the road transport of
the goods; or
(ii) actually receives the goods after completion of their road
transport; but
(b) does not include a person who merely unloads the goods.
container weight declaration—
(a) means a written declaration, whether contained in 1 or more
documents, stating or purporting to state the weight of a freight
container and its contents; and
an email, a placard fixed to the container
(b) includes a copy of a declaration mentioned in paragraph (a).
contract includes an agreement.
converter dolly means a pig trailer with a fifth wheel coupling
designed to convert a semitrailer into a dog trailer.
convict, a person of an offence, has the meaning given by
section 9(1).
convicted, of an offence, has the meaning given by section 9(2).
convicted person—
(a) for the purposes of Division 5 of Part 10.3, has the meaning
given by section 599(a); or
(b) for the purposes of Division 6 of Part 10.3, has the meaning
given by section 606(a).
corporation includes a body politic or corporate.
corresponding fatigue law, for the purposes of Chapter 6, has the
critical risk breach, for a maximum work requirement or minimum
rest requirement, has the meaning given by section 222(4).
daily sheet, for a written work diary, for the purposes of Chapter 6,
has the meaning given by section 338(2)(b).
database of heavy vehicles means the database of heavy vehicles kept
under section 686A.
daytime means the period of a day between sunrise and sunset.
de facto partner, of a person, means a person (whether of the same
gender or a different gender) who is in a de facto relationship, within
the meaning given by section 2F of the Acts Interpretation Act 1901
of the Commonwealth, with the person.
defective heavy vehicle, for the purposes of Division 6 of Part 9.3,
has the meaning given by section 525.
defective vehicle label, for the purposes of Division 6 of Part 9.3, has
the meaning given by section 525.
defendant, for a proceeding for an offence, means the person charged
with the offence (whether called the defendant or the accused).
deficiency, for the purposes of Division 3 of Part 10.4, has the
meaning given by section 626.
dimension requirement means—
(a) a prescribed dimension requirement (under section 101); or
(b) a requirement as to a dimension limit relating to a heavy vehicle
under a condition to which a mass or dimension authority is
subject (where the dimension limit is more restrictive than the
relevant prescribed dimension requirement); or
(c) a requirement as to a dimension limit under a PBS vehicle
approval; or
(d) a requirement as to a dimension limit indicated by an official
traffic sign; or
See the definitions indicated and official traffic sign.
(e) a requirement as to a dimension limit for a component vehicle
as prescribed by a heavy vehicle standard.
drive, a vehicle or combination, includes—
(a) be in control of the steering, movement or propulsion of the
vehicle or combination; and
(b) for a trailer—drive a vehicle towing the trailer.
driver, of a vehicle or combination—
(a) means the person driving the vehicle or combination; and
(b) includes—
(i) a person accompanying the person driving the vehicle or
combination on a journey or part of a journey, who has
been, is or will be sharing the task of driving the vehicle or
combination during the journey or part; and
(ii) a person who is driving the vehicle or combination as a
driver under instruction or under an appropriate learner
licence or learner permit; and
(iii) where the driver is a driver under instruction, the holder of
a driver licence occupying the seat in the vehicle or
combination next to the driver.
driver fatigue compliance function, for the purposes of Part 13.4,
has the meaning given by section 727(1).
driver fatigue provision, for the purposes of Part 13.4, has the
meaning given by section 727(1).
driver licence means—
(a) a driver licence issued under a law of a State or Territory that
regulates the use of vehicles on roads; or
(b) a licence, permit or other authorisation to drive a motor vehicle
issued under a law of another country if a law mentioned in
paragraph (a) exempts the holder of the licence, permit or other
authorisation from the requirement to hold a driver licence under
that law to drive a motor vehicle.
electronic recording system has the meaning given by section 221.
electronic recording system approval means an approval of an
electronic recording system under Division 7 of Part 6.4.
electronic work diary has the meaning given by section 221.
electronic work diary authorised use, for the purposes of Part 13.4,
has the meaning given by section 727(1).
electronic work diary information, for the purposes of Part 13.4, has
the meaning given by section 727(1).
electronic work diary protected information, for the purposes of