Heavy Vehicle National Law (South Australia) Act 2013

Part 2—Application of Heavy Vehicle National Law and Heavy Vehicle National Regulations

Division 1—General 4—Application of Heavy Vehicle National Law The South Australian Heavy Vehicle National Law text— (a) applies as a law of South Australia; and (b) as so applying may be referred to as the Heavy Vehicle National Law (South Australia). 5—Amendments to Schedule to maintain national consistency (1) If— (a) the Parliament of Queensland enacts an amendment to the Heavy Vehicle National Law set out in the Schedule to the Heavy Vehicle National Law Act 2012 of Queensland; and (b) the Governor is satisfied that an amendment that corresponds, or substantially corresponds, to the amendment made by the Parliament of Queensland should be made to the Heavy Vehicle National Law (South Australia), the Governor may, by regulation, amend the South Australian Heavy Vehicle National Law text. (2) The Governor may, as part of a regulation made under subsection (1), make any additional provisions (including so as to modify the terms of an amendment that has been made to the Heavy Vehicle National Law by the Parliament of Queensland or to provide for related or transitional matters) considered by the Governor to be necessary to ensure that the amendment to the Heavy Vehicle National Law has proper effect in South Australia. (3) A regulation made under this section may, if the regulation so provides, take effect from the day of the commencement of an amendment to the Heavy Vehicle National Law made by the Parliament of Queensland (including a day that is earlier than the day of the regulation's publication in the Gazette). 6—Application of Heavy Vehicle National Regulations The Heavy Vehicle National Regulations, as in force from time to time— (a) apply as national regulations in force for the purposes of the Heavy Vehicle National Law (South Australia), subject to modifications by the local regulations; and (b) as so applying may be referred to as the Heavy Vehicle National Regulations (South Australia). 7—Exclusion of legislation of this jurisdiction (1) The Acts Interpretation Act 1915 does not apply to the Heavy Vehicle National Law (South Australia) or to instruments made under that Law. (2) Subject to subsection (3), the following Acts of this jurisdiction do not apply to this Act or to instruments made under the Heavy Vehicle National Law (South Australia) (except as applied under that Law): (a) the Freedom of Information Act 1991; (b) the Public Finance and Audit Act 1987; (c) the Public Sector Act 2009; (d) the State Records Act 1997. (3) The Acts referred to in subsection (2) apply to a State entity or an employee of a State entity exercising a function under the Heavy Vehicle National Law (South Australia). State entity does not include the Regulator.

Division 2—Definitions, declarations and other references for purposes of Heavy Vehicle National Law (South Australia) 8—Definition of generic terms and terms having meaning provided by this Act In the Heavy Vehicle National Law (South Australia)— infringement notice—a reference to an infringement notice in section 591 of the Law is a reference to an expiation notice issued under the Expiation of Offences Act 1996; Magistrates Court means the Magistrates Court of South Australia; police officer means a member of SA Police under the Police Act 1998; registration authority, for the registration of a heavy vehicle in this State, means the Registrar of Motor Vehicles under the Motor Vehicles Act 1959; responsible Minister for South Australia means the Minister to whom the administration of this Act is committed; Supreme Court means the Supreme Court of South Australia; this jurisdiction means the State of South Australia. 9—Declarations about industrial relations status of Regulator (1) It is declared that— (a) the Regulator is not a public sector employer for the purposes of the Fair Work (Commonwealth Powers) Act 2009; and (b) it is the intention of the Parliament that the Regulator be a national system employer for the purposes of the Fair Work Act 2009 of the Commonwealth. (2) No Act of South Australia can have effect to stop the Regulator from being a national system employer for the purposes of the Fair Work Act 2009 of the Commonwealth. 10—Other declarations for purposes of Heavy Vehicle National Law in this jurisdiction For the purposes of the Heavy Vehicle National Law (South Australia)— (a) each magistrate is declared to be an authorised warrant official; and (b) each police officer is declared to be an authorised officer; and (c) the Expiation of Offences Act 1996 is declared to be the Infringement Notice Offences Law; and (d) each council under the Local Government Act 1999 is declared to be a local government authority; and (e) the Work Health and Safety Act 2012 is declared to be the primary WHS Law; and (f) subject to paragraph (g), the Administrative and Disciplinary Division of the District Court is declared to be the relevant tribunal or court; and (g) the Magistrates Court is declared to be the relevant tribunal or court for the purposes of sections 556 and 590D of the Heavy Vehicle National Law (South Australia); and (h) an area that is a road or road‑related area within the meaning of the Road Traffic Act 1961 is declared to be a road or road‑related area; and (i) the Minister to whom the administration of the Road Traffic Act 1961 is committed is declared to be the road authority; and (j) an authority, person or body responsible for the care, control or management of a road is declared to be a road manager; and (k) the Australian Road Rules are declared to be the Road Rules.

Division 3—Authorisations for purposes of this jurisdiction 12—Authority to use force (1) An authorised officer who is a police officer is authorised to use force against a person in the exercise or purported exercise of a function under the Heavy Vehicle National Law (South Australia). See section 491 of the Law. (2) An authorised officer is authorised to use force against property in the exercise or purported exercise of a function under the Heavy Vehicle National Law (South Australia) in relation to this jurisdiction. See section 492 of the Law. 13—Authority to amend or withdraw vehicle defect notices An authorised officer who is a police officer of another jurisdiction may amend or withdraw a vehicle defect notice issued in this jurisdiction by an authorised officer who is a police officer. See section 531 of the Law. 14—Authority to seize heavy vehicles or things Section 552(1) of the Heavy Vehicle National Law (South Australia) does not apply to an authorised officer who is a police officer impounding or seizing a heavy vehicle or thing under an Act or law of this jurisdiction. See section 552(2) of the Law. 15—Authorised use of protected information For the purposes of Chapter 13 Part 4 of the Heavy Vehicle National Law (South Australia), the Motor Vehicles Act 1959 is specified as a relevant law. See paragraph (k) of the definition of authorised use in respect of protected information in section 727(1) of the Law.

Division 4—Modification of Heavy Vehicle National Law (South Australia) for purposes of this jurisdiction 16—Modification of Law for certain purposes The Heavy Vehicle National Law (South Australia) applies— (b) section 498(1)(b) (Power to enter a place if evidence suspected to be at the place)—as if paragraph (b) were deleted and the following paragraph substituted: (b) there may be at the place evidence of an offence against this Law.; (c) section 499(1)(d) (Power to enter particular places if incident involving death, injury or damage)—as if paragraph (d) were deleted and the following paragraph substituted: (d) there may be at the place evidence of the offence mentioned in paragraph (b).; (d) section 517(1) (Direction to move heavy vehicle if causing harm etc)—as if paragraph (b) were deleted and the following paragraphs substituted: (b) obstructing, or likely to obstruct, traffic or any event lawfully authorised to be held on the road; or (c) obstructing or hindering, or likely to obstruct or hinder, vehicles from entering or leaving land adjacent to the road.; (e) section 572 (Improvement notices)— (i) as if subsections (1) and (2) were deleted and the following subsections substituted: (1) This section applies if an authorised officer reasonably believes a person has contravened, is contravening, or is likely to contravene, a provision of this Law. (2) The authorised officer may give the person a notice (an improvement notice) requiring the person to take action within a stated period to stop the contravention from occurring, continuing or occurring again or to remedy the matters or activities occasioning, or that would occasion, the contravention or likely contravention.; (ii) as if paragraphs (a) to (d) (inclusive) of subsection (4) were deleted and the following paragraphs substituted: (a) that the authorised officer reasonably believes the person has contravened, is contravening, or is likely to contravene, a provision of this Law; (b) the reasons for that belief; (c) the provision of this Law in relation to which that belief is held; (d) that the person must take action within a stated period to stop the contravention from occurring, continuing or occurring again or to remedy the matters or activities occasioning, or that would occasion, the contravention or likely contravention;; (ea) section 711 (Evidence by certificate by Regulator generally)—as if the following subsection were inserted after subsection (1): (1a) A certificate purporting to be issued by the Registrar of Motor Vehicles under the Motor Vehicles Act 1959 of South Australia (the Motor Vehicles Act) and stating that, at a stated time or during a stated period— (a) a stated vehicle was or was not registered under the Motor Vehicles Act; or (b) a stated vehicle was or was not registered under the Motor Vehicles Act on the basis it is a heavy vehicle; or (c) a stated vehicle registered under the Motor Vehicles Act was or was not registered as a heavy vehicle of a stated category; or (d) a stated person was or was not the registered operator of a stated vehicle registered under the Motor Vehicles Act; or (e) a stated exemption or authorisation under the Motor Vehicles Act applied or did not apply to a stated person or a stated heavy vehicle; or (f) a stated person is the holder of a stated permit or other authority under the Motor Vehicles Act; or (g) a stated registration, exemption, authorisation, permit or other authority under the Motor Vehicles Act was or was not amended, suspended or cancelled under the Motor Vehicles Act; or (h) a stated penalty, fee, charge or other amount was or was not, or is or is not, payable under the Motor Vehicles Act by a stated person; or (i) a stated fee, charge or other amount payable under the Motor Vehicles Act was or was not paid to the Registrar; or (j) a stated person has or has not notified the Registrar of any, or a stated, change of the person's address, is evidence of the matter.; (f) with any other modifications that are necessary to give effect to any of the preceding paragraphs. 17—Modification of Law for other purposes The Heavy Vehicle National Law (South Australia) applies— (a) section 519 (Moving unattended heavy vehicle on road if causing harm etc)—as if the following subsection were inserted after subsection (7): authorised officer includes, in relation to a heavy vehicle unattended on any road within the area of a council, an officer of the council; council means a council under the Local Government Act 1999 of South Australia.; (b) section 571(1) (Authorised officers to whom Division applies)—as if subsection (1) were deleted and the following subsection substituted: (1) This Division applies to an authorised officer who is a police officer, or a police officer of a class, who has the relevant police commissioner's written authority to issue improvement notices under this Division.; (c) section 576(3) (Clearance certificate), definition of approved authorised officer, (a)—as if "police officer and" were deleted and "police officer, or a police officer of a class," were substituted; (d) with any other modifications that are necessary to give effect to any of the preceding paragraphs.

Division 5—Supplementary powers relating to enforcement in this jurisdiction 18—Application of this Division (1) The provisions set out in this Division are additional to the provisions of the Heavy Vehicle National Law (South Australia). (2) The powers that may be exercised by authorised officers in this jurisdiction under this Division are additional to the powers that may be exercised by an authorised officer under the Heavy Vehicle National Law (South Australia). 19—Power to enter certain places (1) At any time when a place where heavy vehicles are exhibited or kept for sale or hire is open for business, an authorised officer may, for the purposes of determining whether a vehicle exhibited or kept for sale or hire at that place is a defective heavy vehicle (within the meaning of section 525 of the Heavy Vehicle National Law (South Australia)), inspect the vehicle or direct the owner, the registered operator or the person in charge of the vehicle to produce it for inspection at a time and place stated by the authorised officer. (2) A person must comply with a direction given under this section. (3) An authorised officer may for the purposes of inspecting a heavy vehicle under this section— (a) cause the vehicle to be inspected by another person; and (b) drive or test, or cause another person to drive or test, the vehicle. (4) Chapter 9 Part 3 Division 6 of the Heavy Vehicle National Law (South Australia) applies if, after an inspection of a heavy vehicle under this section, an authorised officer reasonably believes— (a) the vehicle is a defective heavy vehicle; and (b) the use of the vehicle on a road poses a safety risk. 20—Person must not possess certain devices (1) A person must not, without reasonable excuse, have in his or her possession a device that is designed, or is adapted, to enable tampering with a speed limiter (a tampering device). (a) if the offender is a natural person—$10 000; (b) if the offender is a body corporate—$50 000. (2) An authorised officer may seize, retain and test any device that he or she has reasonable cause to suspect is a tampering device. (3) A court that has convicted a person of an offence against this section may order that the tampering device in relation to which the offence was committed be forfeited to the Crown. (4) In proceedings for an offence against this section, an allegation in the complaint that a specified device is designed, or is adapted, to enable tampering with a speed limiter is, in the absence of proof to the contrary, proof of the matter so alleged. (5) For the purposes of this section, a reference to a tampering device includes a reference to a computer or other electronic device on which a software program that is intended, or able, to be used to tamper with a speed limiter is installed or stored. 21—Offence to sell or dispose of heavy vehicle in respect of which vehicle defect notice is in force (1) A person must not sell or otherwise dispose of a heavy vehicle in respect of which a vehicle defect notice has been issued if the vehicle defect notice has not been cleared under the Heavy Vehicle National Law of a participating jurisdiction. (2) It is a defence to a charge under subsection (1) of having sold or otherwise disposed of a heavy vehicle in respect of which a vehicle defect notice is in force if the defendant satisfies the court that at the time of the sale or disposal he or she had reason to believe that the vehicle was not intended to be used on a road after the sale or disposal. 22—Moving unattended etc heavy vehicle if danger or obstruction (a) an authorised officer reasonably believes that a heavy vehicle is unattended or broken down on a bridge, culvert or freeway; or (b) an authorised officer reasonably believes that— (i) a heavy vehicle on a road is unattended; and (ii) the heavy vehicle is— (A) obstructing or likely to obstruct any event lawfully authorised to be held on the road; or (B) obstructing or hindering, or likely to obstruct or hinder, vehicles from entering or leaving land adjacent to the road; or (c) an authorised officer reasonably believes that— (i) a heavy vehicle on a road is broken down; and (ii) the heavy vehicle is— (A) causing, or creating an imminent risk of, serious harm to public safety, the environment or road infrastructure; or (B) obstructing, or likely to obstruct, traffic or any event lawfully authorised to be held on the road; or (C) obstructing or hindering, or likely to obstruct or hinder, vehicles from entering or leaving land adjacent to the road. (2) The authorised officer may move or authorise someone else (the assistant) to move the heavy vehicle or, if it is a combination, any component vehicle of the combination, to the extent it is reasonably necessary to avoid the harm or obstruction. by driving, pushing or towing the vehicle (3) The authorised officer or assistant may— (a) enter the heavy vehicle to enable the authorised officer or assistant to move it; and (b) for a combination—separate any or all of the component vehicles of the combination for the purpose of moving 1 or more of them. (4) The authorised officer or assistant may drive the heavy vehicle even if the officer or assistant is not qualified to drive it if the authorised officer reasonably believes there is no‑one else in or near the vehicle who is more capable of driving it and fit and willing to drive it. (6) In driving the heavy vehicle under subsection (4), the authorised officer or assistant is exempt from a provision of an Australian road law to the extent the provision would require the authorised officer or assistant to be qualified to drive the vehicle. (7) The authorised officer or assistant may use the force that is reasonably necessary to do anything that is reasonably necessary to avoid the harm or obstruction. authorised officer includes— (a) in relation to a heavy vehicle unattended or broken down on a freeway—a person authorised by the responsible Minister for the purposes of this section; and (b) in relation to a heavy vehicle unattended or broken down on any road within the area of a council—an officer of the council; broken down— (a) a heavy vehicle is broken down if it is not possible to drive the vehicle because it is disabled through damage, mechanical failure, lack of fuel or any similar reason; and (b) a trailer is broken down if it is not connected (either directly or by 1 or more other trailers) to a towing vehicle, whether or not the trailer is also disabled through damage, mechanical power or any similar reason; and (c) a combination is broken down if it is not possible to drive the combination because the combination or a vehicle comprised in the combination is disabled through damage, mechanical failure, lack of fuel or any similar reason; and (d) a vehicle of a kind not referred to in any of the preceding paragraphs is broken down if it is not connected to a towing vehicle or an animal by which it could be drawn or if it is not possible to tow or draw the vehicle because it is disabled through damage, mechanical failure or any similar reason; council means a council under the Local Government Act 1999; event means an organised sporting, recreational, political, artistic, cultural or other activity, and includes a street party; freeway means a length of road to which a freeway sign applies in accordance with the Australian Road Rules.

Division 6—Miscellaneous 22A—Delegation by road authority (1) Subject to subsection (2), the road authority may, by instrument in writing, delegate any of the powers or functions conferred on the road authority by or under this Act— (a) to a particular person; or (b) to the person for the time being occupying a particular position. (2) A delegation under this section cannot be made to a road manager or delegate of a road manager. (3) A power or function delegated under this section may, subject to the conditions of the instrument of delegation, be further delegated by instrument in writing. (4) A delegation under this section— (a) may be unconditional or subject to conditions specified by the delegator; and (b) does not derogate from the power of the delegator to act personally in any matter; and (c) is revocable at will by the delegator. 22B—Delegation by road manager (1) Subject to subsection (2), a road manager may, by instrument in writing, delegate any of the powers or functions conferred on a road manager by or under this Act— (a) to a particular person (including another road manager); or (b) to the person for the time being occupying a particular position. (2) A delegation under this section cannot be made to a road authority or delegate of a road authority. (3) A power or function delegated under this section may, subject to the conditions of the instrument of delegation, be further delegated by instrument in writing. (4) A delegation under this section— (a) may be unconditional or subject to conditions specified by the delegator; and (b) does not derogate from the power of the delegator to act personally in any matter; and (c) is revocable at will by the delegator. 23—Approved vehicle examiners A person who is, immediately before the commencement of this section, approved under the Recognised Engineering Signatory Scheme to inspect vehicle modifications for the purposes of the Road Traffic Act 1961 will be taken to be an approved vehicle examiner to inspect modifications of heavy vehicles for the purposes of the Heavy Vehicle National Law (South Australia). 24—Proof of lawful authority or lawful or reasonable excuse In proceedings for an offence against this Act in which it is material to establish whether an act was done with or without lawful authority, lawful excuse or reasonable excuse, unless a provision of the Heavy Vehicle National Law (South Australia) provides to the contrary, the onus of proving the authority or excuse lies on the defendant and, in the absence of such proof, it will be presumed that no such authority or excuse exists. 25—Provision of information and assistance by Registrar of Motor Vehicles (1) Despite any other Act or law, the Registrar is authorised, on his or her own initiative or at the request of the Regulator— (a) to provide the Regulator with such information (including information given in confidence) in the possession or control of the Registrar that is reasonably required by the Regulator for the purposes of this Act or the Heavy Vehicle National Law; and (b) to provide the Regulator with such other assistance as is reasonably required by the Regulator to exercise a function or power under this Act or the Heavy Vehicle National Law. (2) Despite any other Act or law, the Registrar may authorise the Regulator to disclose information provided under subsection (1) even if the information was given to the Registrar in confidence. (3) Nothing done, or authorised to be done, by the Registrar in acting under subsection (1) or (2)— (a) constitutes a breach of, or default under, an Act or other law; or (b) constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or (c) constitutes a breach of duty of confidence (whether arising by contract, in equity or by custom) or in any other way; or (d) constitutes a civil or criminal wrong; or (e) terminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or (f) releases a surety or any other obligee wholly or in part from an obligation. Registrar means the Registrar of Motor Vehicles under the Motor Vehicles Act 1959. 26—Various powers may be exercised on same occasion An authorised officer may exercise various powers under the Road Traffic Act 1961, the Motor Vehicles Act 1959 and this Act on the same occasion, whether the exercise of the powers is for the same purpose or different purposes and whether the opportunity to exercise 1 power arises only as a result of the exercise of another power.

Part 3—Regulations 27—National regulations (1) The Subordinate Legislation Act 1978 does not apply to the national regulations. (2) The Minister is to make arrangements for the tabling of a regulation made under the Heavy Vehicle National Law in both Houses of Parliament. (3) The Minister must, after a regulation is tabled in each House of Parliament under subsection (2), forward a copy of the regulation to the Legislative Review Committee of the Parliament for inquiry and report. (4) A regulation made under the Heavy Vehicle National Law may be disallowed by a House of Parliament in the same way, and within the same period, that a regulation made under an Act of this jurisdiction may be disallowed. (5) However, if a regulation made by the designated authority pursuant to section 730 of the Heavy Vehicle National Law is disallowed in this jurisdiction, the regulation does not cease to have effect in this jurisdiction unless the regulation is disallowed in a majority of the participating jurisdictions (and, in such a case, the regulation will cease to have effect on the date of its disallowance in the last of the jurisdictions forming the majority). 28—Local regulations (1) The Governor may make regulations (the local regulations) for or with respect to any matter— (a) that by the local application provisions of this Act is required or permitted to be prescribed by the local regulations or that is necessary or convenient to be prescribed by the local regulations for carrying out or giving effect to the local application provisions of this Act; or (b) that by the Heavy Vehicle National Law (South Australia) is required or permitted to be prescribed by the local regulations. (2) Without limitation, the local regulations may make provision for or with respect to— (a) the administration of the Heavy Vehicle National Law (South Australia); and (b) procedural matters relating to any aspects of the Heavy Vehicle National Law (South Australia). (3) Without limiting subsection (1) or (2), the local regulations may— (a) confer on police officers or persons of a specified class power to give directions (including directions requiring action inconsistent with other requirements under the Heavy Vehicle National Law (South Australia) or the Heavy Vehicle National Regulations (South Australia)) or any other power for the safe and efficient regulation of traffic; and (b) provide for exemptions (conditional or unconditional) from specified provisions of the Heavy Vehicle National Law (South Australia) or the Heavy Vehicle National Regulations (South Australia); and (c) make provision for the inspection of vehicles for the purposes of the local application provisions of this Act, the Heavy Vehicle National Law (South Australia) or the Heavy Vehicle National Regulations (South Australia); and (d) prescribe and provide for the payment of fees in respect of specified matters under, or matters that relate to the purposes of, the local application provisions of this Act, the Heavy Vehicle National Law (South Australia) or the Heavy Vehicle National Regulations (South Australia) (including, for example, fees on the making of an application, an assessment or a booking, and fees for vehicle or other inspections); and (e) impose a penalty for a contravention of, or non-compliance with, a local regulation of not more than the amount specified in section 730(3)(b) of the Heavy Vehicle National Law (South Australia); and (f) fix expiation fees for an alleged offence against the local application provisions of this Act or the local regulations; and (g) prescribe offences for the purposes of section 591 of the Heavy Vehicle National Law (South Australia) and fix expiation fees for such alleged offences in respect of which an infringement notice has been issued. (4) An expiation fee fixed under the local regulations for an alleged offence against the local application provisions of this Act, the Heavy Vehicle National Law (South Australia), the Heavy Vehicle National Regulations (South Australia) or the local regulations may not exceed 10% of the penalty fixed for the relevant offence. (5) The local regulations may— (a) be of general application or limited application; and (b) make different provision according to the matters or circumstances to which they are expressed to apply. (6) Without limiting a preceding subsection, the Governor may, by regulation, modify the operation of the Heavy Vehicle National Regulations (South Australia) (even if to do so is inconsistent with the Heavy Vehicle National Law (South Australia)).

Part 4—Savings and transitional provisions Division 2—Provisions relating to section 748 of Heavy Vehicle National Law 32—Definitions for this Division commencement means the commencement of this Division; general savings and transitional provision means section 748 of the Heavy Vehicle National Law (South Australia); Road Traffic Act means the Road Traffic Act 1961. 33—Operation of general savings and transitional provision This Division does not affect the operation of the general savings and transitional provision except to the extent expressly provided for. 34—Offences (1) To remove any doubt, it is declared that the general savings and transitional provision does not affect the operation of section 16 of the Acts Interpretation Act 1915 in relation to any offence committed or suspected to have been committed under the Road Traffic Act before the commencement of this Division. (2) Without limiting subsection (1)— (a) the general savings and transitional provision does not affect the exercise, after the commencement, of powers under the Road Traffic Act, as in force immediately before the commencement, in relation to any offence committed or suspected to have been committed before the commencement; and (b) the Road Traffic Act, as in force immediately before the commencement, continues to have effect in relation to all matters arising in the investigation of the offence and the enforcement of the Act in relation to the offence. 35—Approvals and exemptions It is declared that, for the purposes of the general savings and transitional provision, sections 117, 122, 138 and 143 of the Heavy Vehicle National Law (South Australia) correspond to sections 161A and 163AA of the Road Traffic Act. 36—Seizing of evidence (1) The general savings and transitional provision does not apply to the seizing of anything under the Road Traffic Act before the commencement. (2) The Road Traffic Act, as in force immediately before the commencement, continues to apply in relation to anything seized as mentioned in subsection (1). 37—Declaratory regulation making power for general savings and transitional provision (1) A regulation may make provision of a declaratory nature (a declaratory regulation), as provided for in subsection (2), in relation to the operation of the general savings and transitional provision. (2) A declaratory regulation may, in relation to a particular thing done under the former legislation before the commencement— (a) declare that the general savings and transitional provision applies to it; or (b) declare how the general savings and transitional provision applies to it; or (c) declare that the general savings and transitional provision does not apply to it, and provide how the thing must otherwise be dealt with. (3) A declaratory regulation has effect according to its terms. (4) The operation of the general savings and transitional provision is not limited by the making of a declaratory regulation other than to the extent provided for in the regulation. (5) The transitional regulation making power as provided for in section 39 does not apply to a declaratory regulation lawfully made under this section even if, in the absence of this section, the declaratory regulation should be made as a transitional regulation. (6) A declaratory regulation may not have retrospective operation. (7) However, a declaratory regulation may affect the operation of the general savings and transitional provision from when or after the regulation commences if the regulation does not operate to the disadvantage of a person by— (a) decreasing the person's rights; or (b) imposing liabilities on the person. (8) A declaratory regulation must declare that it is a declaratory regulation. former legislation means— (a) the Motor Vehicles Act 1959; or (b) the Road Traffic Act 1961. Division 3—Interpretative provision 38—References in documents to repealed or amended provisions (1) This section applies to a document if— (a) there is a reference in the document to a provision (the affected provision) of the Road Traffic Act 1961 or the Motor Vehicles Act 1959 as in force before the commencement of this section; and (b) the affected provision is repealed or amended on the commencement of this section having regard to the commencement of the Heavy Vehicle National Law (South Australia). (2) The reference may, if the context permits, be taken to be a reference to a provision of the Heavy Vehicle National Law (South Australia) corresponding to the affected provision. document does not include an Act. Division 4—Savings and transitional provisions—general 39—Saving and transitional provisions—general (1) The Governor may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act, including any repeals and amendments made as a result of the enactment of this Act. (2) Regulations made under this section may— (a) have a retrospective effect to a day on or from a date not earlier than the day on which this Act receives Royal Assent; and (b) be of limited or general application; and (c) leave any matter or thing to be decided by a specified person or class of person. (3) Regulations under this section have effect despite anything to the contrary in any Act (other than this Act) or in any statutory instrument. Schedule—Heavy Vehicle National Law

Chapter 1—Preliminary Part 1—Introductory matters 1—Short title This Law may be cited as the Heavy Vehicle National Law. 2—Commencement This Law commences in a participating jurisdiction as provided by the Act of that jurisdiction that applies this Law as a law of that jurisdiction. 3—Object of Law The object of this Law is to establish a national scheme for facilitating and regulating the use of heavy vehicles on roads in a way that— (a) promotes public safety; and (b) manages the impact of heavy vehicles on the environment, road infrastructure and public amenity; and (c) promotes industry productivity and efficiency in the road transport of goods and passengers by heavy vehicles; and (d) encourages and promotes productive, efficient, innovative, and safe business practices. 4—Regulatory framework to achieve object The object of this Law is to be achieved by a regulatory framework that— (a) establishes an entity (the National Heavy Vehicle Regulator) with functions directed at ensuring the object is achieved; and (b) provides for a database of heavy vehicles; and (c) prescribes requirements about the following: (i) the standards heavy vehicles must meet when on roads; (ii) the maximum permissible mass and dimensions of heavy vehicles used on roads; (iii) securing and restraining loads on heavy vehicles used on roads; (iv) preventing drivers of heavy vehicles exceeding speed limits; (v) preventing drivers of heavy vehicles from driving while fatigued; and (d) imposes duties and obligations directed at ensuring heavy vehicles and drivers of heavy vehicles comply with requirements mentioned in paragraph (c)(i) to (v) on persons whose activities may influence whether the vehicles or drivers comply with the requirements; and (e) includes measures directed at the matters mentioned in section 3(c) and (d) by allowing improved access to roads in certain circumstances, including by— (i) allowing heavy vehicles, that would otherwise be prevented from being used on roads, access to the roads through exemptions or authorisations granted in circumstances in which the matters mentioned in section 3(a) and (b) will not be compromised; and (ii) providing for accreditation schemes allowing operators of heavy vehicles who adopt best practices directed at the matters mentioned in section 3 to be subject to alternative requirements more suited to the operators' business operations. Part 2—Interpretation 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 Chapter 6 and Chapter 8, has the meaning given by section 457; AFM hours, for the purposes of Chapter 6 and Chapter 8, has the meaning given by section 257; AFM standards and business rules, for the purposes of Chapter 8, has the meaning given by section 457; 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, has the meaning given by section 457; approved auditor, for the purposes of Chapter 8, has the meaning given by section 457; approved electronic recording system has the meaning given by section 221; 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 section 403; approved sleeper berth, for the purposes of Chapter 6, has the meaning given by section 221; 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 Australia; 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 officer; authorised use, for the purposes of Chapter 13 Part 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 Chapter 6 Part 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 Chapter 6 Part 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; Typical B‑double

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 Chapter 6 and Chapter 8, has the meaning given by section 253; BFM standards and business rules, for the purposes of Chapter 8, has the meaning given by section 457; 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, includes an information, or 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 Chapter 3 Part 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 (ba) 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; (c) there is no person as described in paragraph (a) or (b) and the goods are imported into Australia and the person is the importer of the goods; 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; Typical converter dolly

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 Chapter 10 Part 3 Division 5, has the meaning given by section 599(a); or (b) for the purposes of Chapter 10 Part 3 Division 6, 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 meaning given by section 221; 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 Chapter 9 Part 3 Division 6, has the meaning given by section 525; defective vehicle label, for the purposes of Chapter 9 Part 3 Division 6, 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 Chapter 10 Part 4 Division 3, 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 Chapter 13 Part 4, has the meaning given by section 727(1); driver fatigue provision, for the purposes of Chapter 13 Part 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 Chapter 6 Part 4 Division 7; electronic work diary has the meaning given by section 221; electronic work diary authorised use, for the purposes of Chapter 13 Part 4, has the meaning given by section 727(1); electronic work diary information, for the purposes of Chapter 13 Part 4, has the meaning given by section 727(1); electronic work diary protected information, for the purposes of Chapter 13 Part 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 meaning given by section 221; 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 vehicle; and (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 <www.standards.org.au>. (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 authority; or (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 (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 Chapter 9 Part 3 Division 6, 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 following: (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 map means the spatial data set in electronic form, issued by TCA from time to time, that defines the national public road system; 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 same meaning given by section 402; intelligent access program information, for the purposes of Chapter 7, has the meaning given by section 403; 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 vehicle; and (b) without limiting paragraph (a), the compliance or noncompliance with this Law of the use of a heavy vehicle on a road; 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 meaning given by section 403; load, of a heavy vehicle or in a heavy vehicle, means— (a) all the goods, passengers, drivers and other persons in the vehicle; and (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 given by section 221; 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 section 403; 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 heavy vehicle; 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 heavy vehicle; 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 (c) for a loading requirement—has the meaning given by section 112; or (d) for a maximum work requirement or minimum rest requirement—has the meaning given by section 222(1); modification, for the purposes of Chapter 3 Part 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 10 pm on a day and 8 am 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 meaning given by section 403; non‑participating jurisdiction, for the purposes of Chapter 6, has the meaning given by section 221; notice— (a) means written notice; and (b) for the purposes of Chapter 9 Part 4 Division 5B, 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 vehicle; or (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 Chapter 1 Part 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 section 403; 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 Chapter 9 Part 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; Pole‑type trailer

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 vehicles; and (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;

prime contractor, of the driver of a heavy vehicle, means a person who engages the driver to drive the vehicle under a contract for services; 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 Chapter 13 Part 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 given by section 640; 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 vehicle; 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 given by section 640; relevant contravention, for the purposes of Chapter 7, has the meaning given by section 403; 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 given by section 640; 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 meaning given by section 403; relevant place, for the purposes of Chapter 9 Part 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, has the meaning given by section 457; 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 Chapter 9 Part 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 given by section 221; rest time, for the purposes of Chapter 6, has the meaning given by section 221; 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 Regulator; (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 ground; and (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 given by section 640; review decision, for the purposes of Chapter 11, has the meaning given by section 640; 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; Typical triple road train

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 Chapter 4 Part 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 vehicle; or (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 vehicle; or (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 (c) for a loading requirement—has the meaning given by section 114; or (d) for a maximum work requirement or minimum rest requirement—has the meaning given by section 222(3); severe risk breach lower limit— (a) for the purposes of Chapter 4 Part 2 Division 2, has the meaning given by section 97; or (b) for the purposes of Chapter 4 Part 3 Division 2, 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 section 221; 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 ACN 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 (c) for a loading requirement—has the meaning given by section 113; or (d) for a maximum work requirement or minimum rest requirement—has the meaning given by section 222(2); substantial risk breach lower limit— (a) for the purposes of Chapter 4 Part 2 Division 2, has the meaning given by section 97; or (b) for the purposes of Chapter 4 Part 3 Division 2, 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 meaning given by section 221; 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 jurisdiction; 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 vehicles; or (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 vehicle; or (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 with— (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 paragraph (a); • 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 vehicle; 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 meaning given by section 221; unattended, for a heavy vehicle, for the purposes of Chapter 9 Part 3 Division 3, has the meaning given by section 515; under, for a law or a provision of a law, includes— (a) by; and (b) for the purposes of; and (c) in accordance with; and (d) within the meaning of; unincorporated body includes an unincorporated local government authority, but does not include an unincorporated partnership; unincorporated local government authority means a local government authority that is not a body corporate; unload and unloader— A person unloads goods in a heavy vehicle, and is an unloader of goods in a heavy vehicle, if the person is a person who— (a) unloads from the vehicle, or any container that is in or part of the vehicle, goods that have been transported by road; or (b) unloads from the vehicle a freight container, whether or not it contains goods, that has been transported by road; unregistered heavy vehicle means a heavy vehicle that is not registered; unregistered heavy vehicle permit means a permit granted or issued under an Australian road law authorising the use of an unregistered heavy vehicle on a road; use, a heavy vehicle on a road, includes standing the vehicle on the road; vehicle condition has the meaning given by section 154; vehicle defect notice means a major defect notice, minor defect notice or self‑clearing defect notice; vehicle identifier, for the purposes of Chapter 9 Part 3 Division 6, has the meaning given by section 525; vehicle standards exemption means— (a) a vehicle standards exemption (notice); or (b) a vehicle standards exemption (permit); vehicle standards exemption (notice) has the meaning given by section 61(2); vehicle standards exemption (permit) has the meaning given by section 68(2); VIN (vehicle identification number), for a heavy vehicle, means— (a) for a heavy vehicle built before 1 January 1989 that has an identification plate, the number quoted on the vehicle's identification plate that— (i) uniquely identifies the vehicle and sets it apart from similar vehicles; and (ii) corresponds to the identification number of the vehicle that is permanently recorded elsewhere on the vehicle; or (b) for a heavy vehicle built on or after 1 January 1989 that was given an approval under the Motor Vehicle Standards Act 1989 or is given an approval under the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 of the Commonwealth, the unique vehicle identification number assigned to the vehicle— (i) at the time the vehicle was manufactured, in accordance with a third edition ADR; or (ii) by the department of government of the Commonwealth in which the Motor Vehicle Standards Act 1989 was previously administered; or (c) otherwise, the unique number assigned to the heavy vehicle— (i) at the time the vehicle was manufactured, in accordance with an ADR that is a national road vehicle standard under section 12 of the Road Vehicle Standards Act 2018; or (ii) by the department of government of the Commonwealth in which the Road Vehicle Standards Act 2018 is administered; work, in relation to a fatigue‑regulated heavy vehicle, has the meaning given by section 221; work and rest change, for the purposes of Chapter 6, has the meaning given by section 221; work and rest hours exemption means— (a) a work and rest hours exemption (notice); or (b) a work and rest hours exemption (permit); work and rest hours exemption (notice) has the meaning given by section 266(2); work and rest hours exemption (permit) has the meaning given by section 273(2); work and rest hours option, for the purposes of Chapter 6, has the meaning given by section 243; work diary, for the purposes of Chapter 6, has the meaning given by section 221; work diary exemption means— (a) a work diary exemption (notice); or (b) a work diary exemption (permit); work diary exemption (notice) has the meaning given by section 357(2); work diary exemption (permit) has the meaning given by section 363(2); work record, for the purposes of Chapter 6, has the meaning given by section 221; work time, for the purposes of Chapter 6, has the meaning given by section 221; written work diary, for the purposes of Chapter 6, has the meaning given by section 221. 6—Meaning of heavy vehicle (1) For the purposes of this Law, a vehicle is a heavy vehicle if it has a GVM or ATM of more than 4.5t. (2) Also, for the purposes of this Law, a combination that includes a vehicle with a GVM or ATM of more than 4.5t is a heavy vehicle. (3) However, rolling stock is not a heavy vehicle for the purposes of this Law. rolling stock— 1 Rolling stock is a vehicle designed to operate or move on a railway track and includes a locomotive, carriage, rail car, rail motor, light rail vehicle, tram, light inspection vehicle, self‑propelled infrastructure maintenance vehicle, trolley, wagon or monorail vehicle.

2	A vehicle designed to operate both on and off a railway track is rolling stock when the vehicle is being—
(a)	operated or moved on a railway track; or
(b)	maintained, repaired or modified in relation to the operation or movement of the vehicle on a railway track.

7—Meaning of fatigue‑regulated heavy vehicle (1) For the purposes of this Law, a heavy vehicle is a fatigue‑regulated heavy vehicle if it is any of the following: (a) a motor vehicle with a GVM of more than 12t; (b) a combination with a GVM of more than 12t; (c) a fatigue‑regulated bus. (2) However, subject to subsection (3), a heavy vehicle is not a fatigue‑regulated heavy vehicle for the purposes of this Law if it is any of the following: (a) a motor vehicle that— (i) is built, or has been modified, to operate primarily as a machine or implement off‑road, on a road‑related area, or on an area of road that is under construction; and (ii) is not capable of carrying goods or passengers by road; Examples for the purposes of paragraph (a)— agricultural machine, backhoe, bulldozer, excavator, forklift, front‑end loader, grader, motor vehicle registered under an Australian road law as a special purpose vehicle (type p) (b) a motorhome. (3) For the purposes of this Law, a truck, or a combination including a truck, that has a machine or implement attached to it is a fatigue‑regulated heavy vehicle— (a) if the GVM of the truck or combination with the attached machine or implement is more than 12t; and (b) whether or not the truck or combination has been built or modified primarily to operate as a machine or implement off‑road, on a road‑related area, or on an area of road that is under construction. Example for the purposes of subsection (3)— a truck to which a crane or drilling rig is attached (4) For the purposes of subsection (2)(b), a motorhome— (a) is a rigid or articulated motor vehicle or combination that is built, or has been modified, primarily for residential purposes; and (b) does not include a motor vehicle that is merely a motor vehicle constructed with a sleeper berth. (5) For the purposes of this section, the GVM of a combination is the total of the GVMs of the vehicles in the combination. 8—Meaning of road and road‑related area (1) For the purposes of this Law, a road is an area that is open to or used by the public and is developed for, or has as 1 of its uses, the driving or riding of motor vehicles. Examples of areas that are roads— bridges, cattle grids, culverts, ferries, fords, railway crossings, tunnels or viaducts (2) For the purposes of this Law, a road‑related area is— (a) an area that divides a road; or (b) a footpath, shared path or nature strip adjacent to a road; or (c) a shoulder of a road; or (d) a bicycle path or another area that is not a road and that is open to the public and designated for use by cyclists or animals; or (e) an area that is not a road and that is open to, or used by, the public for driving, riding or parking motor vehicles. (3) Also, an area is a road or road‑related area for the purposes of this Law or a particular provision of this Law as applied in a participating jurisdiction, if the area is declared by a law of that jurisdiction to be a road or road‑related area for the purposes of this Law or the particular provision. bicycle path means an area open to the public that is designated for, or has as 1 of its main uses, use by riders of bicycles; footpath means an area open to the public that is designated for, or has as 1 of its main uses, use by pedestrians; shared path means an area open to the public that is designated for, or has as 1 of its main uses, use by both the riders of bicycles and pedestrians; shoulder, of a road— (a) includes any part of the road that is not designed to be used by motor vehicles in travelling along the road; and (b) includes— (i) for a kerbed road—any part of the kerb; and (ii) for a sealed road—any unsealed part of the road, and any sealed part of the road outside an edge line on the road; but (c) does not include a bicycle path, footpath or shared path. 9—Meaning of convicts and convicted of an offence (1) For the purposes of this Law, a court convicts a person of an offence if the court finds the person guilty, or accepts the person's plea of guilty, for the offence whether or not a conviction is recorded. (2) For the purposes of this Law, a person is convicted of an offence if a court convicts the person of the offence. 10—Interpretation generally

Schedule 1 applies in relation to this Law. 11—References to laws includes references to instruments made under laws (1) In this Law, a reference (either generally or specifically) to a law or a provision of a law (including this Law) includes a reference to— (a) each instrument (including a regulation) made or in force under the law or provision; and (b) each instrument made or in force under any such instrument. law means a law of the Commonwealth or a State or Territory. 12—References to this Law as applied in a participating jurisdiction In this Law, a reference to this Law as applied by an Act of a participating jurisdiction includes a reference to— (a) a law that substantially corresponds to this Law enacted in a participating jurisdiction; and (b) a law prescribed by the national regulations for the purposes of paragraph (a)(iii) of the definition participating jurisdiction in section 5, enacted in a participating jurisdiction. 13—References to road A reference in this Law to a road includes a reference to a road‑related area, unless a contrary intention appears in this Law. 14—References to particular ADR versions A reference in this Law to an ADR followed by a number is a reference to— (a) if the reference is to a second edition ADR—the ADR of that number in the "Australian Design Rules for Motor Vehicle Safety, Second Edition"; or (b) otherwise—the ADR of that number referenced in the relevant standard. 15—References to categories of heavy vehicles If a provision of this Law provides for the exemption, authorisation, prescription or description of a category of heavy vehicles, heavy vehicles may, without limitation, be categorised for the purposes of the provision as being of any stated class, including, for example— (a) a class of heavy vehicles used for a particular task; and (b) a class of heavy vehicles used by particular persons or a particular class of persons; and (c) a class of heavy vehicles with a particular configuration. Part 3—Application and operation of Law 16—Extraterritorial operation of Law It is the intention of the Parliament of this jurisdiction that the operation of this Law is, as far as possible, to include operation in relation to the following: (a) things situated in or outside the territorial limits of this jurisdiction; (b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction; (c) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Law, be governed or otherwise affected by the law of another jurisdiction. 17—Law binds the State (1) This Law binds the State. (2) No criminal liability attaches to the State itself (as distinct from its agents, instrumentalities, officers and employees) under this Law. 18—Relationship with primary work health and safety laws (1) If a provision of this Law and a provision of the primary WHS Law deal with the same thing, and it is possible to comply with both provisions, a person must comply with both provisions. (1a) However, to the extent it is not possible for the person to comply with both provisions, the person must comply with the provision of the primary WHS Law. (2) Evidence of a relevant contravention of this Law is admissible in any proceeding for an offence against the primary WHS Law. (3) Compliance with this Law, or with any requirement imposed under this Law, is not, in itself, evidence that a person has complied with the primary WHS Law or any regulations made under that Law or with a common law duty of care. (3a) If an act, omission or circumstances constitute an offence under this Law and the primary WHS Law, the offender is not liable to be punished twice for the act, omission or circumstances. primary WHS Law, for a participating jurisdiction, means the law that is declared by a law of that jurisdiction to be the primary WHS Law for the purposes of this Law. "WHS" stands for workplace health and safety. Part 4—Performance based standards 19—Main purpose of this Part (1) The main purposes of this Part and other associated provisions of this Law are to enable PBS vehicles that meet a particular performance level to operate (unless otherwise specified by the responsible Minister) on roads that are authorised to be used by PBS vehicles that meet or exceed that performance level. (2) It is intended that authorisations or exemptions can be granted under this Law for PBS vehicles. 20—Notification to road authority of PBS design approval The Regulator must, as soon as practicable, notify the road authority for this jurisdiction, in writing, of a PBS design approval, together with a description of the significant features of the design to which the approval relates. 21—Notification by responsible Minister of non-application or restricted application of PBS design approval (1) The responsible Minister for this jurisdiction may notify the Regulator in writing that any heavy vehicle built to a design that is the subject of a PBS design approval— (a) is not to be permitted to operate in this jurisdiction; or (b) is only to be permitted to operate in this jurisdiction subject to stated conditions. (2) A notice under this section cannot be about— (a) a particular person; or (b) a particular heavy vehicle. (3) A notice under this section is not valid for the purposes of this Law if it does not set out reasons for why it has been issued. (4) On receiving a notice under this section, the Regulator must give a copy of the notice to the person who was given the PBS design approval. (5) On receiving a notice under this section, the Regulator must accordingly impose on the PBS design approval— (a) a condition giving effect to subsection (1)(a); or (b) the stated conditions referred to in subsection (1)(b). 22—Application for PBS design approval (1) An application for a PBS design approval for the design of a type of heavy vehicle may be made to the Regulator. (2) In assessing the application, the Regulator must have regard to— (a) the approved guidelines relevant to the grant of PBS design approvals; and (b) any performance based standards and assessment rules prescribed in the national regulations for the purposes of this paragraph; and (c) the advice of the PBS Review Panel in relation to the application. (3) Having assessed the application, the Regulator must approve or reject the application. (4) The Regulator may approve the application subject to any condition the Regulator considers appropriate. (5) The PBS design approval must state the conditions (if any) to which it is subject under subsection (4) or section 21(5). 23—Application for PBS vehicle approval (1) An application for a PBS vehicle approval for a heavy vehicle may be made to the Regulator. (2) In assessing the application, the Regulator must have regard to— (a) the approved guidelines relevant to the grant of PBS vehicle approvals; and (b) any vehicle certification rules prescribed in the national regulations for the purposes of this paragraph; and (c) the advice of the PBS Review Panel in relation to the application. (3) Having assessed the application, the Regulator must approve or reject the application. (4) The Regulator may approve the application subject to conditions included in the PBS design approval to which the heavy vehicle is built. (5) The PBS vehicle approval must state the conditions (if any) to which— (a) the PBS vehicle approval is subject under subsection (4); and (b) the relevant PBS design approval is subject under section 21(5). (5a) The PBS vehicle approval must state the performance level for the approval. (6) A PBS vehicle approval cannot be given for a class 1 heavy vehicle. 24—Exemption from stated vehicle standards (1) A PBS vehicle approval for a heavy vehicle may provide that the vehicle is exempt from stated vehicle standards. (2) Subsection (1) applies only to vehicle standards of a kind prescribed by the national regulations for the purposes of this section. See section 60(6). 25—Authorisation of different mass or dimension requirement (1) A PBS vehicle approval for a heavy vehicle may provide that the vehicle is authorised to have a mass limit that exceeds a limit that would otherwise apply to the vehicle under a prescribed mass requirement. See section 96(4). (2) A PBS vehicle approval for a heavy vehicle may provide that the vehicle is authorised to have a dimension that exceeds a dimension limit that would otherwise apply to the vehicle under a prescribed dimension requirement. See section 102(4). 25A—Keeping copy of PBS vehicle approval while driving (1) The driver of a PBS vehicle must keep a copy of the PBS vehicle approval in the driver's possession while driving the PBS vehicle. (2) Each relevant party for a driver mentioned in subsection (1) must ensure the driver complies with subsection (1), unless the relevant party has a reasonable excuse. relevant party, for the driver of a PBS vehicle, means— 26—National regulations The national regulations may provide for— (a) the procedures for determining an application for a PBS design approval or a PBS vehicle approval, including, for example, providing for the time for making a decision on the application, the fee for the application and forms relating to the application; and (b) the procedures for cancelling or modifying a PBS design approval or PBS vehicle approval; and (c) performance based standards, and assessment and certification rules, relating to PBS design approvals or PBS vehicle approvals; and (d) the appointment, functions and management of persons as PBS assessors and PBS vehicle certifiers.