Part 13.4, has the meaning given by section 727(1).
embargo notice has the meaning given by section 557(2).
embargoed thing means a thing the subject of an embargo notice.
employed driver, of a heavy vehicle, means a person who is employed
by someone else to drive the vehicle.
employee means an individual who is employed by someone else.
employer means a person who employs someone else.
encourage includes give an incentive.
entity includes a person, an unincorporated partnership and an
unincorporated body.
entry, in a work record, for the purposes of Chapter 6, has the
equipment, in relation to a heavy vehicle, includes tools, devices and
accessories in the vehicle.
escort vehicle means a pilot vehicle that is driven by a police officer
or another person authorised to direct traffic under an Australian road
law.
examine includes analyse, test, account, measure, weigh, grade,
gauge or identify.
executive officer, of a corporation, means—
(a) a director of the corporation; or
(b) any person, by whatever name called and whether or not the
person is a director of the corporation, who is concerned or takes
part in the management of the corporation.
exemption hours, for the purposes of Chapter 6, has the meaning
given by section 259.
exercise, for a function, includes perform.
extract, of a document, device or other thing, means a copy of any
information contained in the document, device or other thing.
false or misleading means false or misleading in a material particular.
fatigue has the meaning given by section 223.
fatigue record keeping exemption means—
(a) a fatigue record keeping exemption (notice); or
(b) a fatigue record keeping exemption (permit).
fatigue record keeping exemption (notice) has the meaning given by
section 378.
fatigue record keeping exemption (permit) has the meaning given by
section 383.
fatigue-regulated bus means a heavy motor vehicle built or fitted to
carry more than 12 adults (including the driver).
A fatigue-regulated bus is a bus that weighs more than 4.5t for the
purposes of being regulated under this Law.
fatigue-regulated heavy vehicle has the meaning given by section 7.
fifth wheel coupling means a device (other than an upper rotating
element and a kingpin) used with a prime mover, semitrailer or
converter dolly to—
(a) permit quick coupling and uncoupling; and
(b) provide for articulation.
film, a thing, includes—
(a) photograph or videotape the thing; and
(b) record an image of the thing in another way.
fit, to drive a heavy vehicle, or to start or stop its engine, for a person,
means the person—
(a) is apparently physically and mentally fit to drive the vehicle, or
start or stop its engine; and
(b) is not apparently affected by either or both of the following—
(i) alcohol;
(ii) a drug that affects a person’s ability to drive a vehicle; and
(c) is not found to have an alcohol concentration in the person’s
blood or breath exceeding the amount permitted, under an
Australian road law of this jurisdiction, for the driver of a heavy
(d) is not found to be under the influence of a drug or to have present
in the person’s blood or saliva a drug that the driver of a heavy
vehicle is not permitted to have present in the driver’s blood or
saliva under an Australian road law of this jurisdiction.
freight container means—
(a) a re-usable container of the kind mentioned in AS 3711.1 that is
designed for repeated use for transporting goods; or
AS 3711.1 may be purchased from Standards Australia at
<>.
(b) a re-usable container of the same or a similar design and
construction to a container mentioned in paragraph (a) though
of different dimensions.
Fund means the National Heavy Vehicle Regulator Fund established
under section 687.
garage address, of a heavy vehicle, means—
(a) for a heavy vehicle normally kept at a depot when not in use—
the principal depot of the vehicle; or
(b) for a heavy vehicle not normally kept at a depot when not in
use—the address of the place of business or residence at which
the vehicle is normally kept when not in use.
GCM (gross combination mass), of a motor vehicle, means the total
maximum loaded mass of the motor vehicle and any vehicles it may
lawfully tow at any given time—
(a) if the registration authority has specified the total maximum
loaded mass of the motor vehicle and any vehicles it may
lawfully tow at any given time—specified by the registration
(b) otherwise—stated by the motor vehicle’s manufacturer.
goods—
(a) includes—
(i) animals (whether alive or dead); and
(ii) a container (whether empty or not); but
(b) does not include—
(i) people; or
(ii) fuel, water, lubricants and readily removable equipment
required for the normal use of the vehicle or combination
in which they are carried; or
(iii) personal items used by the driver of the vehicle or
combination, or someone else necessary for the normal use
of the vehicle, in which they are carried.
GVM (gross vehicle mass), of a vehicle, means the maximum loaded
mass of the vehicle—
(a) if the registration authority has specified the vehicle’s maximum
loaded mass—specified by the registration authority; or
(b) otherwise—stated by the vehicle’s manufacturer.
hauling unit means a motor vehicle that forms part of a combination,
but does not include a prime mover.
heavy combination means a combination that is a heavy vehicle.
heavy motor vehicle means a motor vehicle that is a heavy vehicle.
heavy trailer means a trailer that is a heavy vehicle.
heavy vehicle has the meaning given by section 6.
heavy vehicle accreditation means—
(a) AFM accreditation; or
(b) BFM accreditation; or
(c) maintenance management accreditation; or
(d) mass management accreditation.
heavy vehicle standards has the meaning given by section 59.
higher mass limits, for the purposes of Chapter 7, has the meaning
given by section 403.
HML authority, for the purposes of Chapter 7, has the meaning given
by section 403.
home address means—
(a) for an individual—the individual’s residential address in
Australia; or
(b) for a body corporate with a registered office in Australia—the
address of the registered office; or
(c) for another person—the address of the person’s principal or only
place of business in Australia.
identification details, for the purposes of Division 6 of Part 9.3, has
the meaning given by section 525.
identification plate means a plate approved to be placed on a vehicle, or
taken to have been placed on a vehicle, under the Motor Vehicle
Standards Act 1989.
impaired by fatigue has the meaning given by section 225.
improvement notice has the meaning given by section 572(2).
in, a vehicle, includes on the vehicle.
indicated, by an official traffic sign, includes—
(a) indicated by way of a direction on an official traffic sign; and
(b) indicated by way of a direction, indication or requirement that,
under a law, is prescribed as being given or imposed, because of
an official traffic sign.
indictable offence means an offence mentioned in section 26F.
information includes—
(a) information in the form of a printed document; and
See the definitions printed and document in section 12 of Schedule 1.
(b) information stored electronically.
information notice, for a decision, means a notice stating the
(a) the decision;
(b) the reasons for the decision;
(c) the review and appeal information for the decision.
infringement notice means—
(a) an infringement notice issued under section 591; or
(b) an infringement notice, expiation notice, penalty notice or
similar notice under the Infringement Notice Offences Law.
Infringement Notice Offences Law, for a participating jurisdiction,
means the law that is declared by a law of that jurisdiction to be the
Infringement Notice Offences Law for the purposes of this Law.
inspect, a thing, includes—
(a) open the thing and examine its contents; and
(b) test the thing or its contents or both.
intelligent access program agreement, for the purposes of Chapter 7,
has the meaning given by section 403.
intelligent access program audit, for the purposes of Chapter 7, has
the meaning given by section 403.
intelligent access program auditor means a person engaged by TCA
for auditing activities conducted by intelligent access program service
providers.
intelligent access program conditions has the meaning given by
section 402.
intelligent access program information, for the purposes of
Chapter 7, has the meaning given by section 403.
intelligent access map means the spatial data set in electronic form,
issued by TCA from time to time, that defines the national public road
intelligent access program reporting entity, for the purposes of
Chapter 6, has the meaning given by section 221.
intelligent access program service provider has the meaning given
by section 403.
intelligent access program vehicle, for the purposes of Chapter 7, has
the meaning given by section 403.
intelligent transport system means a system involving the use of
electronic or other technology, whether located in a heavy vehicle or
on or near a road or elsewhere, that is able to monitor, generate,
record, store, display, analyse, transmit or report information about—
(a) any or all of the following—
(i) a heavy vehicle, its equipment or load;
(ii) the driver of a heavy vehicle;
(iii) an operator of a heavy vehicle;
(iv) anyone else involved in road transport using a heavy
(b) without limiting paragraph (a), the compliance or
noncompliance with this Law of the use of a heavy vehicle on a
investigation purposes means investigating a contravention or
suspected contravention of this Law.
journey documentation—
(a) means a document, other than transport documentation, in any
form—
(i) directly or indirectly associated with—
(A) a transaction for the actual or proposed road transport
of goods or passengers using a heavy vehicle, or for a
previous transport of the goods or passengers by any
transport method; or
(B) goods or passengers, to the extent the document is
relevant to a transaction for their actual or proposed
road transport; and
(ii) whether relating to a particular journey or to journeys
generally; and
(b) includes, for example, any or all of the following—
(i) a document kept, used or obtained by a responsible person
for a heavy vehicle in connection with the transport of
goods or passengers;
(ii) a workshop, maintenance or repair record relating to a
heavy vehicle used, or claimed to be used, for transporting
goods or passengers;
(iii) a subcontractor’s payment advice relating to goods or
passengers or their transport;
(iv) records kept, used or obtained by the driver of a heavy
vehicle used, or claimed to be used, for transporting goods
or passengers;
• driver’s run sheet
• work diary entry
• fuel docket or receipt
• food receipt
• tollway receipt
• pay record
• mobile or other telephone record
(v) information reported through the use of an intelligent transport
system;
(vi) a driver manual or instruction sheet;
(vii) an advice resulting from check weighing of a heavy vehicle’s
mass or load performed before, during or after a journey.
law enforcement agency means an agency that has functions or
activities directed at the prevention, detection, investigation,
prosecution or punishment of offences and other contraventions of a
law for which penalties or sanctions may be imposed.
law enforcement purposes, for the purposes of Chapter 7, has the
load, of a heavy vehicle or in a heavy vehicle, means—
(a) all the goods, passengers, drivers and other persons in the
(b) all fuel, water, lubricants and readily removable equipment
carried in the vehicle and required for its normal use; and
(c) personal items used by the vehicle’s driver or someone else
necessary for the normal use of the vehicle; and
(d) anything that is normally removed from the vehicle when not in
use.
load, when used as a verb, and loader—
A person loads goods in a heavy vehicle, and is a loader of goods in
a heavy vehicle, if the person is a person who—
(a) loads the vehicle, or any container that is in or part of the vehicle,
with the goods for road transport; or
(b) loads the vehicle with a freight container, whether or not it
contains goods, for road transport.
loaded mass, of a vehicle, means the vehicle’s mass together with the
mass of the vehicle’s load that is transmitted to the ground.
loading manager, for goods in a heavy vehicle, means—
(a) a person who manages, or is responsible for the operation of,
regular loading or unloading premises for heavy vehicles where
the goods are—
(i) loaded onto the heavy vehicle; or
(ii) unloaded from the heavy vehicle; or
(b) a person who has been assigned by a person mentioned in
paragraph (a) as responsible for supervising, managing or
controlling, directly or indirectly, activities carried out by a
loader or unloader of goods at regular loading or unloading
premises for heavy vehicles.
loading requirements has the meaning given by section 110.
local government authority, for a participating jurisdiction, means an
entity that is declared by a law of that jurisdiction to be a local
government authority for that jurisdiction for the purposes of this
Law.
maintenance management accreditation means—
(a) maintenance management accreditation granted under
section 458; or
maintenance management standards and business rules, for the
purposes of Chapter 8, has the meaning given by section 457.
maintenance management system, for the purposes of Chapter 8, has
the meaning given by section 457.
major defect notice means a notice complying with the requirements
for a major defect notice under section 527.
major rest break, for the purposes of Chapter 6, has the meaning
malfunction—
(a) for the purposes of Chapter 6, has the meaning given by
section 221; and
(b) for the purposes of Chapter 7, has the meaning given by
management member, of an unincorporated body, means—
(a) if the body has a management committee—each member of the
management committee; or
(b) otherwise—each member who is concerned with, or takes part
in, the body’s management, whatever name is given to the
member’s position in the body.
mass, dimension or loading requirement means a mass requirement,
dimension requirement or loading requirement.
mass management accreditation means—
(a) mass management accreditation granted under section 458; or
mass management standards and business rules, for the purposes of
Chapter 8, has the meaning given by section 457.
mass management system, for the purposes of Chapter 8, has the
meaning given by section 457.
mass or dimension authority means—
(a) a mass or dimension exemption; or
(b) a class 2 heavy vehicle authorisation.
mass or dimension exemption means—
(a) a mass or dimension exemption (notice); or
(b) a mass or dimension exemption (permit).
mass or dimension exemption (notice) has the meaning given by
section 117(2).
mass or dimension exemption (permit) has the meaning given by
section 122(3).
mass requirement means—
(a) a prescribed mass requirement (under section 95); or
(b) a requirement as to a mass limit relating to a heavy vehicle under
a condition to which a mass or dimension authority is subject
(where the mass limit is lower than the relevant prescribed mass
requirement); or
(c) a requirement as to a mass limit under a PBS vehicle approval;
or
(d) a requirement as to a mass limit indicated by an official traffic
sign; or
See the definitions indicated and official traffic sign.
(e) a requirement as to a mass limit under the GVM or GCM for a
heavy vehicle; or
(f) a requirement as to a mass limit for a component vehicle as
stated by the manufacturer or as prescribed by a heavy vehicle
standard.
maximum work requirement means a requirement of Chapter 6
relating to a maximum work time for the driver of a fatigue-regulated
maximum work time means the maximum time the driver of a
fatigue-regulated heavy vehicle may drive a fatigue-regulated heavy
vehicle, or otherwise work, without taking a rest.
minimum rest requirement means a requirement of Chapter 6
relating to the minimum rest time for the driver of a fatigue-regulated
minimum rest time means the minimum time the driver of a fatigue-
regulated heavy vehicle must rest in order to break up the period of
time the driver drives a fatigue-regulated heavy vehicle or otherwise
works.
minor defect notice means a notice complying with the requirements
for a minor defect notice under section 527.
minor risk breach—
(a) for a mass requirement—has the meaning given by section 98;
or
(b) for a dimension requirement—has the meaning given by
section 105; or
section 112; or
requirement—has the meaning given by section 222(1).
modification, for the purposes of Part 3.3, has the meaning given by
section 84.
monitoring purposes means finding out whether this Law is being
complied with.
motor vehicle means a vehicle built to be propelled by a motor that
forms part of the vehicle.
Motor Vehicle Standards Act 1989 means the repealed Motor Vehicle
Standards Act 1989 of the Commonwealth as in force before its repeal.
national regulations means the regulations made under section 730.
National Transport Commission means the National Transport
Commission established by the National Transport Commission Act
2003 of the Commonwealth.
night means the period between sunset on a day and sunrise on the
next day.
night rest break means—
(a) 7 continuous hours stationary rest time between 10p.m. on a day
and 8a.m. on the next day; or
Under sections 248 and 303, the time must be based on the time
zone of the driver's base for drivers on a journey in a different time
zone to the driver's base.
(b) 24 continuous hours stationary rest time.
night work time, for the purposes of Chapter 6, has the meaning given
by section 221.
noncompliance report, for the purposes of Chapter 7, has the
non-participating jurisdiction, for the purposes of Chapter 6, has the
(a) means written notice; and
(b) for the purposes of Division 5B of Part 9.4, has the meaning
given by section 576D.
occupier, of a place, includes the following—
(a) if there is more than 1 person who apparently occupies the
place—any 1 of the persons;
(b) any person at the place who is apparently acting with the
authority of a person who apparently occupies the place;
(c) if no-one apparently occupies the place—any person who is an
owner of the place.
official means any of the following persons exercising a function
under this Law—
(a) the Regulator;
(b) a road authority;
(c) an authorised officer.
official traffic sign means a sign or device erected or placed, under a
law, by a public authority (including, for example, a police force or
police service) to regulate traffic.
operate and operator—
A person operates a vehicle or combination, and is an operator of the
vehicle or combination, if the person is responsible for controlling or
directing the use of—
(a) for a vehicle (including a vehicle in a combination)—the
(b) for a combination—the towing vehicle in the combination.
oversize vehicle means a heavy vehicle that does not comply with a
dimension requirement applying to it.
owner—
(a) of a vehicle means—
(i) each person who is an owner, joint owner or part owner of
the vehicle; or
(ii) a person who has the use or control of the vehicle under a
credit agreement, hiring agreement, hire-purchase
agreement or leasing arrangement; or
(b) of a combination means—
(i) each person who is an owner, joint owner or part owner of
the towing vehicle in the combination; or
(ii) a person who has the use or control of the towing vehicle
in the combination under a credit agreement, hiring
agreement, hire-purchase agreement or leasing
arrangement; or
(c) of a sample means an owner of the sample or the thing from
which it was taken.
pack and packer—
A person packs goods, and is a packer of goods, if the person—
(a) puts the goods in packaging, even if that packaging is already on
a vehicle; or
Example for the purposes of paragraph (a)—
A person who uses a hose to fill the tank of a tank vehicle with petrol packs the
petrol for transport.
(b) assembles the goods as packaged goods in an outer packaging,
even if that packaging is already on a vehicle; or
(c) supervises an activity mentioned in paragraph (a) or (b); or
(d) manages or controls an activity mentioned in paragraph (a), (b)
or (c).
packaging, in relation to goods, means anything that contains, holds,
protects or encloses the goods, whether directly or indirectly, to
enable them to be received or held for transport, or to be transported.
It may be that a container constitutes the whole of the packaging of goods,
as in the case of a drum in which goods are directly placed.
participating jurisdiction—
(a) for the purposes of this Law other than Chapter 6—means a
State or Territory in which—
(i) this Law applies as a law of the State or Territory; or
(ii) a law that substantially corresponds to the provisions of
this Law has been enacted; or
(iii) a law prescribed by the national regulations for the
purposes of this subparagraph has been enacted; or
(b) for the purposes of Chapter 6—has the meaning given by section
221.
party in the chain of responsibility, for a heavy vehicle, means each
of the following persons—
(a) if the vehicle’s driver is an employed driver—an employer of
the driver;
(b) if the vehicle’s driver is a self-employed driver—a prime
contractor for the driver;
(c) an operator of the vehicle;
(d) a scheduler for the vehicle;
(e) a consignor of any goods in the vehicle;
(f) a consignee of any goods in the vehicle;
(g) a packer of any goods in the vehicle;
(h) a loading manager for any goods in the vehicle;
(i) a loader of any goods in the vehicle;
(j) an unloader of any goods in the vehicle.
passenger, of a vehicle, means any person carried in the vehicle other
than the vehicle’s driver or someone else necessary for the normal use
of the vehicle.
PBS design approval means a current approval given under
section 22 for the design of a type of heavy vehicle that, if built to the
design, is eligible for PBS vehicle approval.
‘PBS’ stands for performance based standards.
PBS Review Panel means an advisory body appointed by the
Regulator to provide expert advice in the assessment of applications
for PBS design approvals or PBS vehicle approvals and of their
impacts.
The membership of the PBS Review Panel consists of one representative
of each State and Territory, an independent Chairperson and an
independent Deputy Chairperson. The Commonwealth may, if it decides
to do so, nominate a representative of the Commonwealth. The procedure
of the Panel is as determined by the Regulator.
PBS vehicle means a heavy vehicle that is the subject of a current
PBS vehicle approval under Part 1.4.
PBS vehicle approval means a current approval issued for a heavy
vehicle by the Regulator under section 23.
personal information—
(a) generally, means information or an opinion, including
information or an opinion forming part of a database, whether
true or not, and whether recorded in a material form or not, about
an individual whose identity is apparent, or can reasonably be
found out, from the information or opinion; and
(b) for the purposes of Chapter 7, has the meaning given by
pig trailer means a trailer—
(a) with 1 axle group or a single axle near the middle of its load
carrying surface; and
(b) connected to the towing vehicle by a drawbar.
pilot vehicle means a motor vehicle that accompanies an oversize
vehicle to warn other road users of the oversize vehicle’s presence.
place of business, for the purposes of Part 9.2, has the meaning given
by section 494.
pole-type trailer means a trailer that—
(a) is attached to a towing vehicle by 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 can generally
support themselves like beams between supports.
police commissioner means the head of the police force or police
service (however called) of a participating jurisdiction.
premises—
(a) means a building or other structure, a vessel, or another place
(whether built on or not)—
(i) from which a business is carried out; or
(ii) at or from which goods are loaded onto or unloaded from
(b) includes a part of a building, structure, vessel or place mentioned
in paragraph (a).
prescribed dimension requirement means a requirement prescribed
by the national regulations under section 101.
prescribed fee means a fee prescribed by the national regulations
under section 740(1).
prescribed mass requirement means a requirement prescribed by the
national regulations under section 95.
previous corresponding law—
1 A previous corresponding law is a law of a participating
jurisdiction that, before the participation day for the jurisdiction,
provided for the same, or substantially the same, matters as the
provisions of this Law.
2 A previous corresponding law for a provision of this Law is a
provision of a previous corresponding law within the meaning of
paragraph 1 that corresponds, or substantially corresponds, to the
provision of this Law.
3 For the purposes of paragraph 1, it is irrelevant whether the law
of the participating jurisdiction—
(a) is in 1 instrument or 2 or more instruments; or
(b) is part of an instrument; or
(c) is part of an instrument and the whole or part of 1 or more other
instruments.
4 For the purposes of paragraph 1, if a provision of this Law does
not apply in a participating jurisdiction on the day the provision of its
Application Act corresponding to section 4 of the Heavy Vehicle
National Law Act 2012 of Queensland commences, and the provision
later applies in the jurisdiction, the participation day for the
jurisdiction in relation to the provision is taken to be the day the
provision applies.
prime contractor, of the driver of a heavy vehicle, means a person
who engages the driver to drive the vehicle under a contract for
a logistics business that engages a subcontractor to transport goods.
prime mover means a heavy motor vehicle designed to tow a
semitrailer.
prohibition notice has the meaning given by section 576A(3).
prohibition order has the meaning given by section 607(1).
promisee see section 590A.
protected information, for the purposes of Part 13.4, has the meaning
given by section 727.
public authority means—
(a) a State or Territory or the Commonwealth, in any capacity; or
(b) a body established under a law, or the holder of an office
established under a law, for a public purpose, including a local
government authority.
public notice means a notice—
(a) in the Commonwealth Gazette; and
(b) on the Regulator’s website; and
(c) if the Regulator considers it appropriate—in another way,
including, for example, in a national newspaper.
public place means a place or part of a place—
(a) that the public is entitled to use, is open to members of the public
or is used by the public, whether or not on payment of money;
or
(b) the occupier of which allows members of the public to enter,
whether or not on payment of money.
public risk means—
(a) a safety risk; or
(b) a risk of damage to road infrastructure.
public safety means the safety of persons or property, including the
safety of—
(a) the drivers of, and passengers and other persons in, vehicles and
combinations; and
(b) persons or property in or in the vicinity of, or likely to be in or
in the vicinity of, road infrastructure and public places; and
(c) vehicles and combinations and any loads in them.
public safety ground, for a reviewable decision, has the meaning
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
3.2m but not more than 4.9m.
qualified, to drive a heavy vehicle, or to start or stop its engine, for a
person, means the person—
(a) holds a driver licence of the appropriate class to drive the vehicle
that is not suspended; and
(b) is not prevented under a law, including, for example, by the
conditions of the driver licence, from driving the vehicle at the
relevant time.
Queensland Minister means the responsible Minister for
Queensland.
reasonably believes means believes on grounds that are reasonable in
the circumstances.
reasonably practicable, in relation to a duty, means that which is, or
was at a particular time, reasonably able to be done in relation to the
duty, weighing up all relevant matters, including—
(a) the likelihood of a safety risk, or damage to road infrastructure,
happening; and
(b) the harm that could result from the risk or damage; and
(c) what the person knows, or ought reasonably to know, about the
risk or damage; and
(d) what the person knows, or ought reasonably to know, about the
ways of—
(i) removing or minimising the risk; or
(ii) preventing or minimising the damage; and
(e) the availability and suitability of those ways; and
(f) the cost associated with the available ways, including whether
the cost is grossly disproportionate to the likelihood of the risk
or damage.
reasonably satisfied means satisfied on grounds that are reasonable
in the circumstances.
reasonably suspects means suspects on grounds that are reasonable
in the circumstances.
record keeper has the meaning given by section 317.
record location, of the driver of a fatigue-regulated heavy vehicle, for
the purposes of Chapter 6, has the meaning given by section 290.
registered industry code of practice means an industry code of
practice registered under section 706.
registered interest means an interest registered under the Personal
Property Securities Act 2009 of the Commonwealth by a secured
party for which the thing or sample is collateral.
registered operator, of a heavy vehicle, means the person recorded
on a vehicle register as the person responsible for the vehicle,
however named, kept under another Australian road law.
registration, of a heavy vehicle, means registration of the vehicle
under an Australian road law.
registration authority, for a heavy vehicle, means the authority
responsible for the registration of the vehicle under an Australian road
law.
registration item means a document, number plate, label or other
thing relating to the registration or purported registration of a heavy
registration number, for a heavy vehicle, means the identifying
registration number, however described, given to the vehicle under
an Australian road law.
regular loading or unloading premises—
1 Regular loading or unloading premises, for heavy vehicles, means
premises at or from which an average of at least 5 heavy vehicles are
loaded or unloaded on each day the premises are operated for loading
or unloading heavy vehicles.
2 For the purposes of paragraph 1, an average of at least 5 heavy
vehicles are loaded or unloaded at or from premises on each day the
premises are operated for loading or unloading heavy vehicles if—
(a) for premises operated for loading or unloading heavy vehicles
for 12 months or more—during the previous 12 months, an
average of at least 5 heavy vehicles were loaded or unloaded at
or from the premises on each day the premises were operated for
loading or unloading heavy vehicles; or
(b) for premises operated for loading or unloading heavy vehicles
for less than 12 months—during the period the premises have
been in operation for loading or unloading heavy vehicles, an
average of at least 5 heavy vehicles were loaded or unloaded at
or from the premises on each day the premises were operated for
loading or unloading heavy vehicles.
3 In the application of this definition to the definition loading manager
where used in Chapter 6, references in paragraphs 1 and 2 to ‘an
average of at least 5 heavy vehicles’ are to be read as references to an
average of at least 5 fatigue-regulated heavy vehicles.
Consequently, Chapter 6 applies to a person as a loading manager only if
the premises concerned are premises at or from which an average of at
least 5 fatigue-regulated heavy vehicles are loaded or unloaded on each
day the premises are operated for loading or unloading heavy vehicles.
Regulator means the National Heavy Vehicle Regulator established
under section 656.
Regulator’s website means the website of the Regulator on the
internet.
relevant appeal body, for the purposes of Chapter 11, has the meaning
relevant contravention, for the purposes of Chapter 7, has the
relevant emission, for a heavy vehicle, means noise emission,
gaseous emission or particle emission emanating from the vehicle.
relevant garage address, of a heavy vehicle, means—
(a) the heavy vehicle’s garage address; or
(b) if the heavy vehicle is a combination—the garage address of the
towing vehicle in the combination.
relevant jurisdiction, for the purposes of Chapter 11, has the meaning
relevant management system, for the purposes of Chapter 8, has the
meaning given by section 457.
relevant monitoring matters, for the purposes of Chapter 7, has the
relevant place, for the purposes of Part 9.2, has the meaning given by
section 494.
relevant police commissioner, in relation to a police officer, means
the police commissioner for the police force or police service
(however called) of which the police officer is a member.
relevant road manager, for a mass or dimension authority, means a
road manager for a road in the area, or on the route, to which the
authority applies.
relevant standards and business rules, for the purposes of Chapter 8,
relevant tribunal or court, for a participating jurisdiction, means a
tribunal or court that is declared by a law of that jurisdiction to be the
relevant tribunal or court for that jurisdiction for the purposes of this
Law.
residence, for the purposes of Part 9.2, has the meaning given by
section 494(1).
responsible entity, for a freight container, means—
(a) the person who, in Australia, consigned the container for road
transport using a heavy vehicle; or
(b) if there is no person as described in paragraph (a)—the person
who, in Australia, for a consignor, arranged for the container’s
road transport using a heavy vehicle; or
(c) if there is no person as described in paragraph (a) or (b)—the
person who, in Australia, physically offered the container for
road transport using a heavy vehicle.
responsible Minister, for a participating jurisdiction, means the
Minister of that jurisdiction nominated by it as its responsible
Minister for the purposes of this Law.
responsible Ministers means a group of Ministers consisting of—
(a) the responsible Minister for each participating jurisdiction; and
(b) the Commonwealth responsible Minister.
See also section 655(3).
responsible person, for a heavy vehicle, means a person having, at a
relevant time, a role or responsibility associated with road transport
using the vehicle, and includes any of the following—
(a) an owner of the vehicle or, if it is a combination, an owner of a
heavy vehicle forming part of the combination;
(b) the vehicle’s driver;
(c) an operator or registered operator of the vehicle or, if it is a
combination, an operator or registered operator of a heavy
vehicle forming part of the combination;
(d) a person in charge or apparently in charge of—
(i) the vehicle; or
(ii) the vehicle’s garage address or, if it is a combination, the
garage address of a heavy vehicle forming part of the
combination; or
(iii) a base of the vehicle’s driver;
(e) a person appointed under a heavy vehicle accreditation to have
monitoring or other responsibilities under the accreditation,
including, for example, responsibilities for certifying,
monitoring or approving the use of heavy vehicles under the
accreditation;
(f) a person who provides to an owner or registered operator of the
vehicle or, if it is a combination, an owner or registered operator
of a heavy vehicle forming part of the combination, an
intelligent transport system for the vehicle;
(g) a person in charge of a place entered by an authorised officer
under this Law for the purpose of exercising a power under this
Law;
(h) a consignor of goods for road transport;
(i) a packer of goods in a freight container or other container or in
a package or on a pallet for road transport;
(j) a person who loads goods or a container for road transport;
(k) a person who unloads goods or a container containing goods
consigned for road transport;
(l) a person to whom goods are consigned for road transport;
(m) a person who receives goods packed outside Australia in a
freight container or other container or on a pallet for road
transport in Australia;
(n) an owner or operator of a weighbridge or weighing facility used
to weigh the vehicle, or an occupier of the place where the
weighbridge or weighing facility is located;
(o) a responsible entity for a freight container on the vehicle;
(p) a loading manager for goods in heavy vehicles for road transport
or another person who controls or directly influences the loading
of goods for road transport;
(q) a scheduler for the vehicle;
(r) an employer, employee, agent or subcontractor of a person
mentioned in any of paragraphs (a) to (q).
rest, in relation to a fatigue-regulated heavy vehicle, has the meaning
rest time, for the purposes of Chapter 6, has the meaning given by
review and appeal information—
(a) for a decision made by the Regulator or an authorised officer
who is not a police officer, means the following information—
(i) that, under section 641, a dissatisfied person for the
decision may ask for the decision to be reviewed by the
(ii) that, under section 642, the person may apply for the
decision to be stayed by a relevant tribunal or court unless
the decision was made by the Regulator on the basis of a
public safety ground;
(iii) that, in relation to the Regulator’s decision on the review,
the person may—
(A) under section 647, appeal against the decision to a
relevant tribunal or court; and
(B) under section 648, apply for the decision to be stayed
by a relevant tribunal or court unless the reviewable
decision to which the review decision relates was
made by the Regulator on the basis of a public safety
(b) for a decision made by a road manager (for a road) that is a
public authority, means the following information—
(i) that, under section 641, a dissatisfied person for the
decision may apply to the Regulator to have the decision
reviewed;
(ii) that, under section 643, the Regulator must refer the
application to the road manager for review;
(iii) that the decision of the road manager on the review is not
subject to further review or appeal under this Law; and
(c) for a decision made by an authorised officer who is a police
officer, or a road manager (for a road) that is not a public
authority, means that the decision is not subject to review or
appeal under this Law.
review application, for the purposes of Chapter 11, has the meaning
review decision, for the purposes of Chapter 11, has the meaning
reviewable decision has the meaning given by section 640.
reviewer, for the purposes of Chapter 11, has the meaning given by
section 640.
rigid, other than in the definition articulated bus, means not
articulated.
risk category—
(a) for a contravention of a mass, dimension or loading requirement,
means 1 of the following categories—
(i) minor risk breach;
(ii) substantial risk breach;
(iii) severe risk breach; or
(b) for a contravention of a maximum work requirement or
minimum rest requirement, means 1 of the following
categories—
(i) minor risk breach;
(ii) substantial risk breach;
(iii) severe risk breach;
(iv) critical risk breach.
road has the meaning given by section 8.
See also section 13.
road authority, for a participating jurisdiction, means an entity that is
declared by a law of that jurisdiction to be the road authority for that
jurisdiction for the purposes of this Law.
road condition has the meaning given by section 154.
road infrastructure includes—
(a) a road, including its surface or pavement; and
(b) anything under or supporting a road or its surface or pavement;
and
(c) any bridge, tunnel, causeway, road-ferry, ford or other work or
structure forming part of a road system or supporting a road; and
(d) any bridge or other work or structure located above, in or on a
road; and
(e) any traffic control devices, railway equipment, electricity
equipment, emergency telephone systems or any other facilities
(whether of the same or a different kind) in, on, over, under or
connected with anything mentioned in paragraphs (a) to (d).
road manager, for a road in a participating jurisdiction, means an
entity that is declared by a law of that jurisdiction to be the road
manager for the road for the purposes of this Law.
road-related area has the meaning given by section 8.
Road Rules, for a participating jurisdiction, means the law that is
declared by a law of that jurisdiction to be the Road Rules for the
purposes of this Law.
road train means—
(a) a B-triple; or
(b) a combination, other than a B-double, consisting of a motor
vehicle towing at least 2 trailers, excluding any converter dolly
supporting a semitrailer.
road transport means transport by road.
Road Vehicle Standards Act 2018 means the Road Vehicle Standards
Act 2018 of the Commonwealth.
route assessment, for the purposes of Part 4.7, has the meaning given
by section 154.
safer freight vehicle has the meaning given by section 153A(2).
safety duty means a duty imposed under any of the following
provisions—
(a) section 26C;
(b) section 26E(1) or (2);
(c) section 89(1);
(d) section 93(1), (2) or (3);
(e) section 129(1), (2) or (3);
(f) section 137;
(g) section 150(1);
(h) section 153A(1);
(i) section 186(2), (3), (4) or (5);
(j) section 187(2) or (3);
(k) section 335(1);
(l) section 336(1);
(m) section 337(2);
(n) section 454(1) or (2);
(o) section 467;
(p) section 470(2), (3) or (4);
(q) section 604;
(r) section 610.
safety risk means a risk—
(a) to public safety; or
(b) of harm to the environment.
schedule, for the driver of a heavy vehicle, means—
(a) the schedule for the transport of any goods or passengers by the
(b) the schedule of the driver’s work times and rest times.
scheduler, for a heavy vehicle, means a person who—
(a) schedules the transport of any goods or passengers by the
(b) schedules the work times and rest times of the vehicle’s driver.
second edition ADR means an ADR incorporated in the document
described as the ‘Australian Design Rules for Motor Vehicle Safety,
Second Edition’ originally published by the former Commonwealth
Department of Transport.
self-clearing defect notice means a notice complying with the
requirements for a self-clearing defect notice under section 527.
self-employed driver, of a heavy vehicle, means a driver of the
vehicle who is not an employed driver of the vehicle.
semitrailer means a trailer that has—
(a) 1 axle group or a single axle towards the rear; and
(b) a means of attachment to a prime mover that results in some of
the mass of the trailer’s load being imposed on the prime mover.
severe risk breach—
(a) for a mass requirement—has the meaning given by section 100;
or
(b) for a dimension requirement—has the meaning given by
section 107; or
section 114; or
requirement—has the meaning given by section 222(3).
severe risk breach lower limit—
(a) for the purposes of Division 2 of Part 4.2, has the meaning given
by section 97; or
(b) for the purposes of Division 2 of Part 4.3, has the meaning given
by section 104.
sign of fatigue, for the purposes of Chapter 6, has the meaning given
by section 221.
single axle means—
(a) 1 axle; or
(b) 2 axles with centres between transverse, parallel, vertical planes
spaced less than 1.0m apart.
solo driver, for the purposes of Chapter 6, has the meaning given by
speed limit means—
(a) a speed limit applying under this Law, the Road Rules or another
law; and
(b) when used in the context of a speed limit applying to the driver
of a heavy vehicle—a speed limit applying to the driver or the
vehicle (or both) under this Law, the Road Rules or another law
(whether it applies specifically to the particular driver or the
particular vehicle or it applies to all drivers or vehicles or to a
class of drivers or vehicles to which the driver or vehicle
belongs).
A reference to a speed limit applying under this Law, the Road Rules or
another law covers both—
• a speed limit specified in this Law, the Road Rules or other law
• a speed limit specified in an instrument, or in some other manner,
under this Law, the Road Rules or other law (for example, a speed
limit specified in a permit or a Commonwealth Gazette notice)
standard hours, for the purposes of Chapter 6, has the meaning given
by section 249.
Standards Australia means Standards Australia Limited CAN 087
326 690, and includes a reference to the Standards Association of
Australia as constituted before 1 July 1999.
stationary rest time has the meaning given by section 221.
substantial risk breach—
(a) for a mass requirement—has the meaning given by section 99;
or
(b) for a dimension requirement—has the meaning given by section
106; or
section 113; or
requirement—has the meaning given by section 222(2).
substantial risk breach lower limit—
(a) for the purposes of Division 2 of Part 4.2, has the meaning given
by section 97; or
(b) for the purposes of Division 2 of Part 4.3, has the meaning given
by section 104.
suitable rest place, for fatigue-regulated heavy vehicles, means—
(a) a rest area designated for use, and able to be used, by fatigue-
regulated heavy vehicles; or
(b) a place at which a fatigue-regulated heavy vehicle may be safely
and lawfully parked.
supervisory intervention order has the meaning given by
section 600(1).
supplementary record, for the purposes of Chapter 6, has the
tamper—
(a) with an emission control system, for the purposes of section 91,
has the meaning given by that section; or
(b) with a plate or label, for the purposes of section 87A, has
the meaning given by that section; or
(c) with a speed limiter, for the purposes of section 93, has the
meaning given by that section; or
(d) with an approved electronic recording system, for the purposes
of Chapter 6, has the meaning given by section 334; or
(e) with an approved intelligent transport system, for the purposes
of Chapter 7, has the meaning given by section 403.
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 1m but not more than 2m.
TCA means Transport Certification Australia Limited ACN 113 379
936.
Territory means the Australian Capital Territory or the Northern
Territory.
the State means the Crown in right of this jurisdiction, and includes—
(a) the Government of this jurisdiction; and
(b) a Minister of the Crown in right of this jurisdiction; and
(c) a statutory corporation, or other entity, representing the Crown
in right of this jurisdiction.
third edition ADR means—
(a) a national standard under section 7 of the Motor Vehicle
Standards Act 1989; or
(b) a national road vehicle standard under section 12 of the Road
Vehicle Standards Act 2018.
third party insurance legislation means—
(a) legislation about compensation for third parties who are injured
or killed by the use of motor vehicles or trailers; or
(b) legislation about payment of contributions towards
compensation of that kind; or
(c) legislation requiring public liability insurance.
this jurisdiction see the law of each participating jurisdiction for the
meaning of this term.
this Law means—
(a) this Law as it applies as a law of a participating jurisdiction; or
(b) a law of a participating jurisdiction that—
(i) substantially corresponds to the provisions of this Law; or
(ii) is prescribed by the national regulations for the purposes of
paragraph (a) (iii) of the definition participating
See also section 11.
tow truck means—
(a) a heavy motor vehicle that is—
(i) equipped with a crane, winch, ramp or other lifting device;
and
(ii) used or intended to be used for the towing of motor
(b) a heavy motor vehicle to which is attached, temporarily or
otherwise, a trailer or device that is—
(i) equipped with a crane, winch, ramp or other lifting device;
and
(ii) used or intended to be used for the towing of motor
vehicles.
tractor means a motor vehicle used for towing purposes, other than—
(a) a motor vehicle designed to carry goods or passengers; or
(b) a tow truck.
traffic includes vehicular traffic, pedestrian traffic and all other forms
of road traffic.
trailer means a vehicle that is built to be towed, or is towed, by a
motor vehicle, but does not include a motor vehicle being towed.
transport activities means activities, including business practices and
making decisions, associated with the use of a heavy vehicle on a
road, including, for example—
(a) contracting, directing or employing a person—
(i) to drive the vehicle; or
(ii) to carry out another activity associated with the use of the
vehicle (such as maintaining or repairing the vehicle); or
(b) consigning goods for transport using the vehicle; or
(c) scheduling the transport of goods or passengers using the
(d) packing goods for transport using the vehicle; or
(e) managing the loading of goods onto or unloading of goods from
the vehicle; or
(f) loading goods onto or unloading goods from the vehicle; or
(g) receiving goods unloaded from the vehicle.
transport documentation means each of the following—
(a) each contractual document directly or indirectly associated
(i) a transaction for the actual or proposed road transport of
goods or passengers or any previous transport of the goods
or passengers by any transport method; or
(ii) goods or passengers, to the extent the document is relevant
to the transaction for their actual or proposed road
transport;
(b) each document—
(i) contemplated in a contractual document mentioned in
paragraph (a); or
(ii) required by law, or customarily given, in connection with
a contractual document or transaction mentioned in
• bill of lading
• consignment note
• container weight declaration
• contract of carriage
• delivery order
• export receival advice
• invoice
• load manifest
• sea carriage document
• vendor declaration
travel condition has the meaning given by section 154.
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 2m but not more than 3.2m.
truck means a rigid motor vehicle built mainly as a load carrying
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 the centre-lines of which is at
least 1m but not more than 2m.
two-up driving arrangement, for the purposes of Chapter 6, has the
unattended, for a heavy vehicle, for the purposes of Division 3 of