National Transport Commission (Road Transport Legislation – Compliance and Enforcement Bill) Regulations 2006
6Definitions
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(1) In this Act, unless the contrary intention appears:
approved road transport compliance scheme means a scheme, agreement or arrangement that:
(a) is prescribed by the regulations; or
(b) is identified by, or is of a class identified by, the regulations;
and that makes provision for compliance with and enforcement of any Australian road laws, including (for example) a scheme, agreement or arrangement that provides for:
(c) a system of accreditation‑based compliance; or
(d) an intelligent transport system; or
(e) a system applying alternative legal entitlements to those otherwise applicable, such as one based on performance‑based standards.
Australian Authority means the Authority or a corresponding Authority.
Australian police officer means:
(a) a police officer; or
(b) a member (however described) of the police force or police service of another jurisdiction.
Australian road law means a road law or a corresponding road law.
Australian road law offence means an offence against an Australian road law.
authorised officer means a person appointed as an authorised officer, or of a class of persons appointed as authorised officers, under section 14 (Authorised officers).
Authority means [name or description of the local registration authority or other appropriate authority].
base of a driver—see section 12 (Driver’s base).
body corporate includes the Crown in any capacity and any body or entity that is not an individual.
capabilities of a vehicle means the functional capabilities of the vehicle or any of its components, as determined by the vehicle’s manufacturer or by an Australian Authority, and includes:
(a) its GCM and GVM; and
(b) its speed capabilities.
combination means a group consisting of a motor vehicle connected to one or more other vehicles.
commercial benefits penalty order means an order under Division 4 of Part 6.
compensation order means an order under Part 7.
condition includes a restriction.
conduct means an act, an omission to perform an act or a state of affairs.
consignee of goods means a person who:
(a) with the person’s authority, is named or otherwise identified as the intended consignee of the goods in the transport documentation relating to the transport of the goods by road; or
(b) actually receives the goods after completion of their transport by road;
but does not include a person who merely unloads the goods.
consignor of goods means a person who:
(a) with the person’s authority, is named or otherwise identified as the consignor of the goods in the transport documentation relating to the transport of the goods by road; or
(b) if paragraph (a) does not apply to the person or anyone else:
(i) engages an operator of a vehicle or combination, either directly or indirectly or through an agent or other intermediary, to transport the goods by road; or
(ii) has possession of, or control over, the goods immediately before the goods are transported by road; or
(iii) loads a vehicle with the goods, for transport by road, at a place where goods in bulk are stored or temporarily held and that is unattended (except by a driver of the vehicle, a trainee driver or any person necessary for the normal operation of the vehicle) during loading; or
(c) if paragraphs (a) and (b) do not apply to the person or anyone else, and the goods are imported into Australia—imports the goods.
container weight declaration means a declaration referred to in Division 7 of Part 4, and includes a copy of such a declaration or a version of such a declaration in electronic or other form.
contravene includes fail to comply with.
corresponding Authority means:
(a) the Authority as defined in a corresponding road law (except in the case of a jurisdiction for which a person is prescribed under paragraph (b)); or
(b) a person prescribed by the regulations as the corresponding Authority for another jurisdiction for the purposes of this Act.
corresponding law means:
(a) a law of another jurisdiction corresponding, or substantially corresponding, to this Act; or
(b) a law of another jurisdiction that is declared under the regulations to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this Act.
corresponding road law means a road law as defined in a corresponding law.
declared route means a road, or a part of a road, declared under section 180 (Declared zones and routes) to be a declared route for the purposes of this Act.
declared zone means a zone declared under section 180 (Declared zones and routes) to be a declared zone for the purposes of this Act.
depot includes a base of operations.
dimension requirement means a requirement of an Australian road law that relates to the dimensions of a vehicle or combination or a load or component of a vehicle or combination, including (for example):
(a) the dimensions of a vehicle or combination, disregarding its load (if any); or
(b) the dimensions of a vehicle or combination including its load; or
(c) the dimensions of the load on a vehicle or combination; or
(d) the internal measurements of a vehicle or combination, including (for example) the distance between:
(i) components of a vehicle or combination; or
(ii) vehicles in a combination; or
(iii) a vehicle in a combination and a component of another vehicle in the combination.
drive includes to be in control of a vehicle or combination.
driver of a vehicle or combination includes:
(a) a two‑up driver of the vehicle or combination who is present in or near the vehicle or combination; and
(b) a person who is driving the vehicle or combination as a driver under instruction or under an appropriate learner licence or learner permit.
driver licence means:
(a) a driver licence \[or learner permit\] issued under a road law and that is current; or
(b) a licence or permit to drive a motor vehicle issued elsewhere, while a road law exempts the holder of the licence or permit from holding a driver licence issued under that road law; or
(c) a licence, permit or other document of a kind prescribed by the regulations.
employee means an individual who works under a contract of employment, apprenticeship or training.
employer means a person who employs persons under:
(a) contracts of employment, apprenticeship or training; or
(b) contracts for services.
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
equipment, in relation to a vehicle or combination, includes tools, devices and accessories in or on the vehicle or combination.
extract from a record, device or other thing else means a copy of any information contained in the record, device or other thing.
formal warning means a warning under Division 2 of Part 5.
freight container means:
(a) a re‑usable container of the kind mentioned in Australian/New Zealand Standard AS/NZS 3711.1:2000, Freight containers—Classification, dimensions and ratings, that is designed for repeated use for the transport of goods by one or more modes of transport; or
(b) a re‑usable container of the same or a similar design and construction to a container referred to in paragraph (a) though of different dimensions; or
(c) a container of a kind prescribed by the regulations;
but does not include anything declared by the regulations to be excluded from this definition.
garage address of a vehicle means:
(a) in the case of a heavy vehicle that is normally kept at a depot when not in use—the principal depot of the vehicle; or
(b) in the case of a heavy vehicle that is not normally kept at a depot when not in use:
(i) where the vehicle has only one registered operator—the home address of the registered operator; or
(ii) where the vehicle has more than one registered operator—each of the home addresses of the registered operators; or
(c) in the case of a vehicle that is not a heavy vehicle—the place nominated by the applicant for registration of the vehicle as the place where the vehicle is normally kept.
Drafting note: It may be that paragraph (c) is not needed at this stage, given the current application of the Bill to heavy vehicles and heavy combinations.
GCM (gross combination mass) of a vehicle means the greatest possible sum of the maximum loaded mass of the vehicle and of any vehicles that may be towed by it at the one time:
(a) as specified by the vehicle’s manufacturer on an identification plate on the vehicle; or
(b) as specified by the Authority if:
(i) a sum is not specified by the vehicle’s manufacturer on an identification plate on the vehicle; or
(ii) a sum so specified on an identification plate is no longer appropriate because the vehicle has been modified.
Drafting note: This refers to the vehicle’s “rating” as specified by the manufacturer (or by the Authority in default). It does not refer to the “legal entitlements” of the vehicle, nor its actual mass as measured. It is assumed that, in the case of an SPV (special purpose vehicle) and a passenger‑carrying vehicle for which the manufacturer does not specify a GCM, the Authority will assign a GCM. Similar considerations apply to the definition of GVM.
goods includes:
(a) animals (whether alive or dead); and
(b) a container (whether empty or not);
but does not include:
(c) people; or
(d) fuel, water, lubricants and equipment required for the normal operation of the vehicle or combination in which they are carried.
GVM (gross vehicle mass) of a vehicle means the maximum loaded mass of the vehicle:
(a) as specified by the vehicle’s manufacturer on an identification plate on the vehicle; or
(b) as specified by the Authority if:
(i) a mass is not specified by the vehicle’s manufacturer on an identification plate on the vehicle; or
(ii) a mass so specified on an identification plate is no longer appropriate because the vehicle has been modified.
heavy combination means a combination that includes a heavy vehicle.
heavy vehicle means a motor vehicle or trailer that has a GVM greater than 4.5 tonnes, and includes:
(a) a special purpose vehicle that has such a GVM; and
(b) a passenger‑carrying vehicle that has such a GVM.
home address of a person means:
(a) in the case of an individual—the person’s residential address or place of abode in Australia; or
(b) in the case of a body corporate that has a registered office in Australia—the address of the registered office; or
(c) in any other case—the address of the person’s principal or only place of business in Australia.
improvement notice means a notice under Division 1 of Part 5.
industry code of practice—see section 178 (Guidelines for industry codes of practice) and the definition of registered industry code of practice in this section.
infringement notice means a notice under Division 3 of Part 5.
intelligent transport system means a system involving the use of electronic or other technology (whether located in or on a vehicle or combination, or on or near a road, or elsewhere) that has the capacity and capability to monitor, collect, store, display, analyse, transmit or report information relating to:
(a) a vehicle or combination or its equipment or load, the driver of a vehicle or combination, the operator of a fleet of vehicles or combinations or another person involved in road transport; and
(b) without limiting the above, the operation of a vehicle or combination in relation to its legal entitlements.
journey documentation means any documentation (other than transport documentation) directly or indirectly associated with:
(a) the actual or proposed physical transport of goods or passengers by road or any previous transport of the goods or passengers by any mode; or
(b) goods or passengers themselves so far as the documentation is relevant to their actual or proposed physical transport;
whether the documentation is in paper, electronic or any other form, and whether or not the documentation has been transmitted physically, electronically or in any other manner, and whether or not the documentation relates to a particular journey or to journeys generally, and includes (for example) any of the following:
(c) records kept, used or obtained by a responsible person in connection with the transport of the goods or passengers;
(d) workshop, maintenance and repair records relating to a vehicle or combination used, or claimed to be used, for the transport of the goods or passengers;
(e) a subcontractor’s payment advice relating to the goods or passengers or the transport of the goods or passengers;
(f) records kept, used or obtained by the driver of the vehicle or combination used, or claimed to be used, for the transport of the goods or passengers, including (for example) a driver’s run sheet, a log book entry, a fuel docket or receipt, a food receipt, a tollway receipt, pay records and mobile or other phone records;
(g) information reported through the use of an intelligent transport system;
(h) driver manuals and instruction sheets;
(i) advice in any form from check weighing performed before, during or after a journey.
jurisdiction means the Commonwealth or a State or Territory.
legal entitlements of a vehicle or combination (or component of a vehicle or combination) means the particulars of the entitlements, conferred by or under an Australian road law, that authorise the vehicle or combination (or component) to be operated on a road, and includes:
(a) any entitlements arising under or as affected by a permit, authorisation, approval, exemption, notice or anything else given or issued in writing under such a law; and
(b) any entitlements arising under or as affected by restrictions, or by the application of restrictions, under an Australian road law or other laws (for example, sign‑posted mass limits for bridges, hazardous weather condition permits, and special road protection limits); and
(c) any entitlements arising under or as affected by an approved road transport compliance scheme.
legislatively specified mass limit means:
(a) a mass limit specified in a road law or in another law of this jurisdiction; or
(b) a mass limit specified in writing under the authority of a road law or of another law of this jurisdiction; or
(c) a mass limit indicated by a sign erected or displayed under the authority of a road law or of another law of this jurisdiction.
load of a vehicle or combination, or in or on a vehicle or combination, means:
(a) all the goods, passengers and drivers in or on the vehicle or combination; and
(b) all fuel, water, lubricants and readily removable equipment carried in or on the vehicle or combination and required for its normal operation; and
(c) personal items used by a driver of the vehicle or combination; and
(d) anything that is normally removed from the vehicle or combination when not in use;
and includes a part of a load as so defined.
load restraint requirement means a requirement of an Australian road law that relates to the restraint or positioning of a load or any part of a load on a vehicle or combination.
loader means a person who:
(a) loads a vehicle or combination with goods for transport by road; or
(b) loads a vehicle or combination with a freight container (whether or not containing goods) for transport by road; or
(c) without limiting the above, loads a freight container already in or on a vehicle or combination with goods for transport by road; or
(d) supervises an activity mentioned in paragraph (a), (b) or (c); or
(e) manages or controls an activity mentioned in paragraph (a), (b), (c) or (d).
mass requirement means a requirement of an Australian road law that relates to the mass of a vehicle or combination or the mass of or on any component of a vehicle or combination, and includes:
(a) a requirement of an Australian road law concerning mass limits relating to:
(i) the tare mass of a vehicle or combination (that is, the actual mass of the vehicle or combination excluding any load in or on the vehicle or combination); or
(ii) the gross mass of a vehicle or combination (that is, the unladen mass of the vehicle or combination together with any load in or on the vehicle or combination); or
(iii) the mass of the load in or on a vehicle or combination; or
(iv) the mass on a tyre, an axle or an axle group of the vehicle or combination; and
(b) a requirement of an Australian road law concerning mass limits relating to axle spacing; and
(c) mass limits set out on signs erected or displayed under an Australian road law (for example, a sign‑posted bridge limit).
motor vehicle means a vehicle that is built to be propelled by a motor that forms part of the vehicle, but does not include:
(a) a railway, tram or light rail vehicle while being used on a railway, tramway or light railway track; or
(b) anything declared by the regulations to be excluded from this definition.
night means the period between sunset on one day and sunrise on the next day.
operator—see section 11 (Operators).
owner:
(a) in relation to a vehicle (including a vehicle in a combination)—means a person who:
(i) is the sole owner, a joint owner or a part owner of the vehicle; or
(ii) has possession or use of the vehicle under a credit, hire‑purchase, lease or other agreement, except an agreement requiring the vehicle to be registered in the name of someone else; or
(b) in relation to a combination—means a person who:
(i) is the sole owner, a joint owner or a part owner of the towing vehicle in the combination; or
(ii) has possession or use of the towing vehicle in the combination under a credit, hire‑purchase, lease or other agreement, except an agreement requiring the vehicle to be registered in the name of someone else.
package of goods means the complete product of the packing of the goods for transport by road, consisting of the goods and their packaging.
packaging of goods means the container (including a freight container) in which the goods are received or held for transport by road, and includes anything that enables the container to receive or hold the goods or to be closed.
packer of goods means a person who:
(a) puts the goods in a packaging for transport by road; or
(b) assembles the goods as packaged goods in an outer packaging or unit load for transport by road; 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).
passenger, in relation to a vehicle or combination, does not include a driver of the vehicle or combination or any person necessary for the normal operation of the vehicle or combination.
passenger‑carrying vehicle means a vehicle where the primary purpose for which it was built, or permanently modified, was the carriage of passengers.
police officer means
Drafting note: Each jurisdiction to insert a suitable definition, eg a member of the police force (or police service) of this jurisdiction. There may be a need to check the status of special constables in each jurisdiction.
premises includes any structure, building, vessel or place (whether built on or not), and any part of any such structure, building, vessel or place.
prohibition order means an order under Division 7 of Part 6.
public authority means:
(a) the Crown in any capacity; or
(b) a body established by or under law, or the holder of an office established by or under law, for a public purpose, including a local government authority; or
(c) a police force or police service.
public place includes a place:
(a) of public resort open to or used by the public as of right; or
(b) for the time being:
(i) used for a public purpose; or
(ii) open to access by the public;
whether on payment or otherwise; or
(c) open to access by the public by the express or tacit consent or sufferance of the owner of that place, whether the place is or is not always open to the public;
but does not include:
(d) a track that at the material time is being used as a course for racing or testing motor vehicles and from which other traffic is excluded during that use; or
(e) a road; or
(f) a place declared by the regulations not to be a public place.
public safety means the safety of persons or property, including the safety of:
(a) the drivers of and passengers in vehicles and combinations; and
(b) persons in or in the vicinity of (or likely to be in or in the vicinity of) roads, road infrastructure and public places; and
(c) vehicles and combinations and any loads in or on them.
records means any documents, documentation or records, whether in paper, electronic or any other form.
registered industry code of practice means an industry code of practice that is registered by an Australian Authority under section 179 (Registration of industry codes of practice) or under a corresponding road law.
registered operator:
(a) in relation to a vehicle (including a vehicle in a combination)—means the person recorded by an Australian Authority on a register maintained in accordance with an Australian road law as the person responsible for the vehicle; or
(b) in relation to a combination—means the person recorded by an Australian Authority on a register maintained in accordance with an Australian road law as the person responsible for the towing vehicle in the combination.
registration of a vehicle means registration of the vehicle under an Australian road law.
regulations means regulations under this Act.
responsible entity in relation to a freight container—see section 100 (Meaning of “responsible entity”).
responsible person means any person having, at a relevant time, a role or responsibilities associated with road transport, and includes any of the following:
(a) an owner of a vehicle or combination or of a vehicle in a combination;
(b) a driver of a vehicle or combination;
(c) an operator or registered operator of a vehicle or combination;
(d) a person in charge or apparently in charge of a vehicle or combination;
(e) a person in charge or apparently in charge of the garage address of a vehicle or combination or the base of the driver or drivers of a vehicle or combination;
(f) a person appointed under an approved road transport compliance scheme to have monitoring or other responsibilities under the scheme, including (for example) responsibilities for certifying, monitoring or approving vehicles or combinations under the scheme;
(g) an operator of an intelligent transport system;
(h) a person in charge of premises entered by an authorised officer or police officer under this Act;
(i) a person who consigns goods for transport by road;
(j) a person who packs goods in a freight container or other container or in a package or on a pallet for transport by road;
(k) a person who loads goods or a container on a vehicle or combination for transport by road;
(l) a person who unloads goods or a container containing goods consigned for transport by road;
(m) a person to whom goods are consigned for transport by road;
(n) a person who receives goods packed outside Australia in a freight container or other container or on a pallet for transport by road in Australia;
(o) an owner or operator of a weighbridge, or weighing facility, used to weigh vehicles or combinations or an occupier of premises where such a weighbridge or weighing facility is located;
(p) a responsible entity for a freight container;
(q) a person who controls or directly influences the loading or operation of a vehicle or combination;
(r) an agent, employer, employee or subcontractor of any person referred to in the preceding paragraphs of this definition.
road—see section 10 (Roads and road‑related areas).
road authority means:
(a) a public authority that is responsible for the care, control or management of roads; or
(b) any person or body (whether or not a public authority) prescribed by the regulations for the purposes of this definition, in relation to specified roads or specified classes of roads.
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 maintained by a road authority; 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 maintained by a road authority; and
(e) any traffic control devices, railway or tramway 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 referred to in paragraphs (a) – (d); and
(f) anything declared by the regulations to be included in this definition;
but does not include anything declared by the regulations to be excluded from this definition.
road law [Each State/Territory will need to identify its laws (Acts and subordinate legislation) for this purpose.]
Drafting note: It is intended that the road laws covered by the Bill will cover laws that involve or relate to heavy vehicles and heavy combinations, including:
This Act and regulations under it.
Jurisdictional laws giving effect to the Road Transport Reform (Vehicles and Traffic) Act 1993 and regulations under it.
Jurisdictional laws giving effect to the Road Transport Reform (Heavy Vehicles Registration) Act 1997 and regulations under it.
Jurisdictional laws giving effect to the National Driver Licensing Scheme Policy 1998 and regulations under it.
Jurisdictional laws giving effect to the Speeding Heavy Vehicles Regulations.
Jurisdictional laws giving effect to the Road Transport Charges (Australian Capital Territory) Act 1993.
It is currently intended that the road laws covered by the Bill will exclude the Australian Road Rules and the Dangerous Goods legislation.
road law offence means an offence against a road law.
road‑related area—see section 10 (Roads and road‑related areas).
road transport or transport by road means the transport of goods or passengers by road by means of a vehicle or combination.
run the engine of a vehicle or combination includes to start or stop the engine.
special purpose vehicle means:
(a) a vehicle (other than one that the regulations under \[the relevant Act of the jurisdiction\] declared not to be a special purpose vehicle for the purposes of the definition of special purpose vehicle in that Act) where the primary purpose for which it was built, or permanently modified, was not the carriage of goods or passengers; or
(b) a vehicle declared by those regulations to be a special purpose vehicle for the purposes of that definition.
Drafting note: Alternatively, this definition could refer to the definition of special purpose vehicle in the relevant Act of the enacting jurisdiction.
specifications of a vehicle means the physical dimensions and other physical attributes of the vehicle and its fittings.
supervisory intervention order means an order under Division 6 of Part 6.
this jurisdiction means [name of State or Territory or the Commonwealth].
traffic includes vehicular traffic, pedestrian traffic and all other forms of road traffic.
trailer means a vehicle that:
(a) is built to be towed, or is towed, by a motor vehicle; and
(b) is not capable of being propelled in the course of normal use on roads without being towed by a motor vehicle;
whether or not its movement is aided by some other power source, but does not include:
(c) a motor vehicle being towed; or
(d) anything declared by the regulations to be excluded from this definition.
transport documentation means:
(a) any contractual documentation directly or indirectly associated with:
(i) a transaction for or relating to the actual or proposed transport of goods or passengers by road or any previous transport of the goods or passengers by any mode; or
(ii) goods or passengers themselves so far as the documentation is relevant to their actual or proposed transport; or
(b) any associated documentation:
(i) contemplated in the contractual documentation; or
(ii) required by law, or customarily provided, in connection with the contractual documentation or with the transaction;
whether the documentation is in paper, electronic or any other form, and whether or not the documentation has been transmitted physically, electronically or in any other manner, and includes (for example) an invoice, vendor declaration, delivery order, consignment note, load manifest, export receival advice, bill of lading, contract of carriage, sea carriage document, or container weight declaration, relating to the goods or passengers.
two‑up driver means a person accompanying a driver of a 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.
unit load means a load of packaged goods that are:
(a) wrapped in plastics, and strapped or otherwise secured to a pallet or other base and to each other, for transport; or
(b) placed together in a protective outer container (except a freight container) for transport; or
(c) secured together in a sling for transport.
vehicle includes a trailer.
(2) A reference in this Act to a mass, dimension or load restraint requirement is a reference to a mass requirement, a dimension requirement or a load restraint requirement.