Heavy Vehicle National Law (South Australia) Act 2013
3For the purposes of paragraph 1, it is irrelevant whether the law of the participating jurisdiction—
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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