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National Transport Commission (Road Transport Legislation – Vehicle Standards) Regulations 2006
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National Transport Commission (Road Transport Legislation – Vehicle Standards) Regulations 2006
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Turn the raw legal text into a practical explanation grounded in National Transport Commission (Road Transport Legislation – Vehicle Standards) Regulations 2006.
These regulations are the Road Transport Reform (Vehicle Standards) Regulations 1998.
(1) Regulation 1 and this regulation commence on gazettal. (2) The remaining provisions of these regulations, and the Australian Vehicle Standards Rules 1998, commence on a day or days specified by the Minister administering the Act by notice in the Commonwealth of Australia Gazette.
These regulations are to be read with, and as if they formed part of, the Australian Vehicle Standards Rules 1998 (the Vehicle Standards).
(1) The main object of these regulations and the Vehicle Standards is to set standards, about the construction and performance of motor vehicles, trailers and combinations, for this jurisdiction that are intended to be applied uniformly and consistently throughout Australia. (2) The standards are intended: (a) to promote, throughout the life of motor vehicles, trailers and combinations, their safe use and efficiency and the protection of the environment; and (b) to reduce the cost of transport administration.
(1) The dictionary at the end of the Vehicle Standards defines certain words and expressions, and includes signpost definitions to words and expressions defined elsewhere in the Vehicle Standards.
Note: A signpost definition (eg road‑related area see rule [1A.3]) is included in the dictionary only if the defined word or expression is used outside the rule defining the word or expression.
(2) The dictionary is part of the Vehicle Standards. (3) Certain definitions used in these regulations or the Vehicle Standards are taken from the Act.
Note 1: The definitions of motor vehicle, road, road‑related area and trailer are taken or derived from the Act.
Note 2: Under section 16 of the Act, the Minister may declare additional areas to be areas to which these regulations apply.
(4) A definition in these regulations or the Vehicle Standards applies to each use of the word or expression in these regulations and the Vehicle Standards, unless the contrary intention appears.
(1) A diagram in the Vehicle Standards is part of the Vehicle Standards. (2) A diagram of something (except the essential diagram in rule [10.9]) is an illustrative example of the thing in black and white, but does not represent its dimensions or the dimensions of any part of it.
Note: The essential diagram in rule [10.9] provides the dimensions required for a 75 millimetre kingpin used in a B‑double or road train.
A note in these regulations or the Vehicle Standards is explanatory and does not form part of these regulations or the Vehicle Standards.
(1) An example in these regulations is part of these regulations, and an example in the Vehicle Standards is part of the Vehicle Standards. (2) If a provision includes an example of its operation: (a) the example is not exhaustive; and (b) if the example is inconsistent with the provision—the provision prevails.
In these regulations and the Vehicle Standards:
Act means the Road Transport Reform (Vehicles and Traffic) Act 1993 of the Commonwealth.
amendment, of an exemption, includes an amendment of a condition of the exemption by addition, omission or substitution.
another jurisdiction means a State or the Northern Territory.
Authority means the Registrar of Motor Vehicles under the Motor Traffic Act 1936 of the Australian Capital Territory.
dangerous goods has the meaning given by regulation 2.2 of the Road Transport Reform (Dangerous Goods) Regulations of the Commonwealth.
emergency vehicle means a vehicle that is:
(a) operated by an ambulance or fire fighting service; or
(b) operated by the Defence Force; or
(c) declared under regulation 45 to be an emergency vehicle.
exemption includes an exemption as amended.
exemption holder means:
(a) for an exemption given by the Authority for a particular vehicle—the person in whose name the vehicle is registered, or otherwise authorised to be driven or towed on a road or road‑related area, by a vehicle registration authority; or
(b) for an exemption given by the Authority for a particular combination—the person in whose name the first motor vehicle forming part of the combination is registered, or otherwise authorised to be driven on a road or road‑related area, by a vehicle registration authority; or
(c) for an exemption given by the Authority for all vehicles or combinations for which a person is the operator—the person.
Government Gazette means the Australian Capital Territory Gazette.
Minister means the responsible Australian Capital Territory Minister.
operator means:
(a) for a motor vehicle or trailer—either of the following:
(i) the person in whose name the vehicle is registered, or otherwise authorised to be driven or towed on a road or road‑related area, by a vehicle registration authority;
(ii) the person who is responsible for maintenance of the vehicle; or
(b) for a combination—either of the following:
(i) the person in whose name the first motor vehicle forming part of the combination is registered, or otherwise authorised to be driven on a road or road‑related area, by a vehicle registration authority;
(ii) the person who is responsible for the operation of the combination.
police officer means:
(a) a member or special member of the Australian Federal Police; or
(b) a service police officer within the meaning of the Defence Force Discipline Act 1982 of the Commonwealth.
road user includes a user of a road‑related area.
road‑related area includes an area that is declared, under section 16 of the Act, to be an area to which these regulations apply.
this jurisdiction means the Australian Capital Territory and the Jervis Bay Territory.
vehicle registration authority means:
(a) the Authority; or
(b) the corresponding authority of another jurisdiction.
Vehicle Standards means the Australian Vehicle Standards Rules 1998.
(1) This regulation applies to a motor vehicle or trailer, whether or not part of a combination, that is on a road or road‑related area, but does not apply to a vehicle mentioned in rule [1A.4] of the Vehicle Standards.
Note: Rule [1A.4] provides that the Vehicle Standards do not apply to the vehicles mentioned in the rule.
(2) A person must not drive a motor vehicle unless the vehicle is maintained in a condition that ensures: (a) its safe operation; and (b) the safety of the person, anyone else in the vehicle and other road users.
Penalty: $2,000
(3) A person must not drive the first or only motor vehicle forming part of a combination unless each vehicle forming part of the combination is maintained in a condition that ensures: (a) its safe operation; and (b) the safety of the person, anyone else in the combination and other road users.
Penalty: $2,000
(4) The operator of a motor vehicle or trailer must maintain the vehicle in a condition that ensures: (a) its safe operation; and (b) the safety of the driver, anyone else in the vehicle and other road users.
Penalty: $2,000
(5) Subregulation (4) does not apply to the person in whose name the vehicle is registered, or otherwise authorised to be driven or towed on a road or road‑related area, by a vehicle registration authority if the person proves that, at the relevant time: (a) the person was not responsible for maintenance of the vehicle; and (b) someone else was responsible for maintenance of the vehicle. (6) For this regulation, the condition of a vehicle includes the condition of: (a) its steering, brakes, suspension, wheels, tyres, towing equipment and the means of transmitting engine power to the driven wheels; and (b) the lights and reflectors that it is required to have under the Vehicle Standards; and (c) the strength of its structure; and (d) the driver’s view of the road; and (e) its exhaust system; and (f) its fuel system.
Note: The Roadworthiness Guidelines, published by the National Road Transport Commission and available from AusInfo Bookshops, provide information to help people meet the requirements of this regulation.
(1) This regulation applies to a motor vehicle or trailer, whether or not part of a combination, that is on a road or road‑related area, but does not apply to a vehicle mentioned in rule [1A.4] of the Vehicle Standards.
Note: Rule [1A.4] provides that the Vehicle Standards do not apply to the vehicles mentioned in the rule.
(2) A person must not drive a motor vehicle unless each emission control system of the vehicle remains fitted to the vehicle.
Penalty: $2,000
(3) A person must not drive a motor vehicle unless each emission control system fitted to the vehicle is maintained in a condition that ensures that the system continues operating essentially in accordance with the system’s original design.
Penalty: $2,000
(4) A person must not drive the first or only motor vehicle forming part of a combination unless each emission control system of any vehicle forming part of the combination remains fitted to the vehicle.
Penalty: $2,000
(5) A person must not drive the first or only motor vehicle forming part of a combination unless each emission control system fitted to any vehicle forming part of the combination is maintained in a condition that ensures that the system continues operating essentially in accordance with the system’s original design.
Penalty: $2,000
(6) The operator of a motor vehicle or trailer must ensure that each emission control system of the vehicle remains fitted to the vehicle.
Penalty: $2,000
(7) The operator of a motor vehicle or trailer must maintain each emission control system fitted to the vehicle in a condition that ensures that the system continues operating essentially in accordance with the system’s original design.
Penalty: $2,000
(8) Subregulations (6) and (7) do not apply to the person in whose name the vehicle is registered, or otherwise authorised to be driven or towed on a road or road‑related area, by a vehicle registration authority if the person proves that, at the relevant time: (a) the person was not responsible for maintenance of the vehicle; and (b) someone else was responsible for maintenance of the vehicle.
(1) This regulation applies to a motor vehicle, whether or not the vehicle is part of a combination. (2) If the motor vehicle contravenes a provision of the Vehicle Standards applying to the vehicle (other than as a vehicle forming part of a combination), the driver of the vehicle commits an offence.
Penalty: $2,000
(3) If the motor vehicle contravenes a provision of the Vehicle Standards applying to the vehicle (other than as a vehicle forming part of a combination), the operator of the vehicle commits an offence.
Penalty: $2,000
(4) Subregulation (3) does not apply to the person in whose name the vehicle is registered, or otherwise authorised to be driven on a road or road‑related area, by a vehicle registration authority if the person proves that, at the relevant time: (a) the person was not responsible for maintenance of the vehicle; and (b) someone else was responsible for maintenance of the vehicle.
(1) This regulation applies to a trailer, whether or not the trailer is part of a combination. (2) If the trailer contravenes a provision of the Vehicle Standards applying to the trailer (other than as a vehicle forming part of a combination), the operator of the trailer commits an offence.
Penalty: $2,000
(3) Subregulation (2) does not apply to the person in whose name the trailer is registered, or otherwise authorised to be driven or towed on a road or road‑related area, by a vehicle registration authority if the person proves that, at the relevant time: (a) the person was not responsible for maintenance of the trailer; and (b) someone else was responsible for maintenance of the trailer.
(1) If a combination contravenes a provision of the Vehicle Standards applying to the combination, each of the following persons commits an offence: (a) the driver of the first or only motor vehicle forming part of the combination; (b) the operator of the combination.
Penalty: $2,000
(2) If a vehicle contravenes a provision of the Vehicle Standards that applies to the vehicle as a vehicle forming part of a combination, each of the following persons commits an offence: (a) the driver of the first or only motor vehicle forming part of the combination; (b) the operator of the combination.
Penalty: $2,000
(3) Subregulations (1)(b) and (2)(b) do not apply to the person in whose name the first motor vehicle forming part of the combination is registered, or otherwise authorised to be driven on a road or road‑related area, by a vehicle registration authority if the person proves that, at the relevant time: (a) the person was not responsible for the operation of the combination; and (b) someone else was responsible for the operation of the combination.
(1) This Part does not apply to a motor vehicle, trailer or combination that is being repaired so it will comply with the Vehicle Standards. (2) Also, this Part does not apply to a motor vehicle, trailer or combination that is being taken to be repaired so it will comply with the Vehicle Standards.
(1) This Part does not apply to a motor vehicle, trailer or combination in relation to a provision of the Vehicle Standards if the vehicle or combination is exempt: (a) under other regulations made under the Act from the provision of the Vehicle Standards; or (b) under the law of another jurisdiction, from a provision of the law of the other jurisdiction corresponding to that provision. (2) However, the vehicle or combination is exempt from the provision or corresponding provision only if all conditions of the exemption (if any) are being complied with.
Note: Example: An exemption permits a greater dimension limit for a vehicle. The exemption is subject to conditions about the route where, and times when, the vehicle is permitted to travel, and the escort vehicles required to accompany the vehicle. The operator and driver do not commit an offence against this Part in relation to the greater dimension limit if the conditions are complied with.
(1) Under section 17 of the Act, the Minister may, in accordance with the regulations and by notice in writing, declare that a specified requirement of the regulations does not apply to a specified person or vehicle. (2) An exemption under the section: (a) applies only in the jurisdiction where it is made; and (b) may be unconditional or subject to specified conditions. (3) This Division includes provisions about the making of exemptions under the section, and the amendment and revocation of exemptions made under the section. (4) Under this Division, an exemption under the section may be made (and amended or revoked) without application. (5) Also, a notice under the section is a disallowable instrument.
(1) The Minister may declare that a specified person or vehicle is exempt from a specified requirement of a provision of the Vehicle Standards if: (a) complying with the provision would prevent the vehicle from operating in the way in which, or for the purpose for which, the vehicle was built or modified; or (b) the vehicle is an experimental vehicle, a prototype, or another vehicle, that could not reasonably be expected to comply with the provision; or (c) the vehicle: (i) was registered, or otherwise authorised to be driven or towed on a road or road‑related area, by a vehicle registration authority before the commencement of the provision; and (ii) was not required to comply with a similar requirement before that commencement. (2) If the Minister makes the declaration, the requirement does not apply to the person or vehicle while the exemption is in force.
An exemption of a person or vehicle from a requirement of a provision of the Vehicle Standards may be amended by the Minister if: (a) since the exemption was made, a change has happened in relation to something the Minister considered in deciding to make the exemption; and (b) the exemption would have been made how it is proposed to be amended if the change had happened before the exemption was made.
An exemption of a person or vehicle from a requirement of a provision of the Vehicle Standards may be revoked by the Minister if: (a) since the exemption was made, a change has happened in relation to something the Minister considered in deciding to make the exemption; and (b) the exemption would not have been made if the change had happened before the exemption was made.
A person must not contravene a condition of an exemption.
Penalty: $1,500
A notice under section 17 of the Act is a disallowable instrument for section 10 of the Subordinate Laws Act 1989 of the Australian Capital Territory.
Note 1: Section 10 of the Subordinate Laws Act 1989 (ACT) provides that an Act or subordinate law of the Territory may provide that an instrument made under the Act or law is a disallowable instrument for the purposes of the section.
Note 2: Section 6 of the Subordinate Laws Act 1989 (ACT) provides for the notification, tabling and disallowance of disallowable instruments.
Note: [Drafter’s note: This regulation is intended to apply only in the ACT.]
(1) This Division includes provisions about the giving of exemptions by the Authority, and the amendment and revocation of exemptions given by the Authority. (2) Under this Division, an exemption may be given by the Authority only on application. (3) Also, decisions to refuse to give an exemption, and other decisions by the Authority about exemptions, are subject to reconsideration and review (see regulations 43 and 44). (4) The Authority’s power to give an exemption is additional to the Minister’s power to make an exemption under section 17 of the Act.
(1) A person may apply for: (a) exemption of a particular vehicle or combination, or all vehicles or combinations for which the person is the operator, from a requirement of a provision of the Vehicle Standards; or (b) amendment or revocation of an exemption given by the Authority. (2) Each application must: (a) be made to the Authority in writing; and (b) be signed and dated by the applicant; and (c) state the applicant’s name and address. (3) An application for an exemption must: (a) state whether the exemption is sought for a particular vehicle or combination or all vehicles or combinations for which the applicant is the operator; and (b) for an exemption for a particular vehicle—state the vehicle and the applicant’s interest in the vehicle; and (c) for an exemption for a particular combination—state each vehicle forming part of the combination and the applicant’s interest in the vehicle; and (d) state the requirement and provision to which the application relates; and (e) state clearly the exemption sought by the application and outline why the exemption should be given. (4) If the application is for an exemption, the application may state the period for which the exemption is sought and any conditions to which the exemption is to be subject. (5) An application for amendment or revocation of an exemption must: (a) for an application for amendment of an exemption—state clearly the amendment sought; and (b) outline why the exemption should be amended or revoked; and (c) be accompanied by the exemption. (6) The Authority may, by written notice, require the applicant to give the Authority additional information necessary to decide the application.
(1) The Authority must decide the application as soon as practicable. (2) If the application is for an exemption of a particular vehicle from a requirement of a provision of the Vehicle Standards, the Authority may give the exemption if: (a) complying with the provision would prevent the vehicle from operating in the way in which, or for the purpose for which, the vehicle was built or modified; or (b) the vehicle is an experimental vehicle, a prototype, or another vehicle, that could not reasonably be expected to comply with the provision; or (c) the vehicle: (i) was registered, or otherwise authorised to be driven or towed on a road or a road‑related area, by a vehicle registration authority before the commencement of the provision; and (ii) was not required to comply with a similar requirement before that commencement. (3) If the application is for an exemption of a particular combination from a requirement of a provision of the Vehicle Standards, the Authority may give the exemption if: (a) complying with the provision would prevent the combination from operating for the purpose for which the combination is, or is proposed to be, used; or (b) the combination is an experimental combination, or prototype, that could not reasonably be expected to comply with the provision. (4) If the application is for an exemption of all vehicles or combinations for which the applicant is the operator, the Authority may give the exemption if it would be unreasonable for the vehicles or combinations to comply with the requirement. (5) If the application is for amendment of an exemption given by the Authority, the Authority may amend the exemption if: (a) since the exemption was given, a change has happened in relation to something the Authority considered in deciding to give the exemption; and (b) the exemption would have been given how it is proposed to be amended if the change had happened before the exemption was given.
(1) As soon as practicable after the Authority decides the application, the Authority must tell the applicant in writing of its decision. (2) The Authority must also give the applicant written reasons for the decision, and tell the applicant that the applicant may apply to have the decision reconsidered, if: (a) the decision is to give the exemption for a period stated in the exemption and the applicant did not seek an exemption for a period or sought an exemption for a longer period; or (b) the decision is to give the exemption subject to a condition not sought by the applicant; or (c) the decision is to refuse the application.
An exemption given by the Authority must be in writing.
(1) If the Authority exempts a particular vehicle or combination from a requirement of a provision of the Vehicle Standards, the requirement does not apply to the vehicle or combination (irrespective of who is the operator of the vehicle or combination) while the exemption is in force. (2) If the Authority exempts all vehicles or combinations for which a person is the operator from a requirement of a provision of the Vehicle Standards, the requirement does not apply to any vehicle or combination operated by the person (irrespective of who is driving the vehicle or combination) while the exemption is in force.
An exemption given by the Authority may be expressed to apply for a period stated in the exemption.
(1) An exemption given by the Authority may be subject to a condition stated in the exemption. (2) The exemption holder for an exemption given by the Authority must not contravene a condition of the exemption.
Penalty: $1,500
An exemption, or the amendment or revocation of an exemption given on application, takes effect on: (a) the day when the applicant is told in writing of the decision by the Authority; or (b) if the Authority tells the person that the decision takes effect on a later day—the later day.
(1) If an exemption is amended on the application of a person, the Authority must give a replacement exemption to the person. (2) If the Authority is satisfied that an exemption given by the Authority has been defaced, destroyed, lost or stolen, the Authority must give a replacement exemption to the exemption holder.
The grounds for amending an exemption, other than on application, are: (a) that the application for the exemption was false or misleading in a material respect but the circumstances do not require its revocation; or (b) that: (i) since the exemption was given, a change has happened in relation to something the Authority considered in deciding to give the exemption; and (ii) the exemption would have been given how it is proposed to be amended if the change had happened before the exemption was given.
The grounds for revoking an exemption, other than on application, are: (a) that the application for the exemption was false or misleading in a material respect; or (b) that: (i) since the exemption was given, a change has happened in relation to something the Authority considered in deciding to give the exemption; and (ii) the exemption would not have been given if the change had happened before the exemption was given.
(1) This regulation applies if the Authority considers that a ground exists to amend or revoke an exemption given by the Authority, other than on application. (2) The Authority must give the exemption holder a written notice that: (a) if the Authority proposes to amend the exemption—tells the exemption holder of the proposed amendment; and (b) if the Authority proposes to revoke the exemption—tells the exemption holder of the proposed revocation; and (c) states the ground for the proposed amendment or revocation; and (d) outlines the facts and other circumstances forming the basis for the Authority’s view that the ground exists; and (e) invites the exemption holder to state in writing to the Authority, within a stated time of at least 28 days after the notice is given to the exemption holder, why the exemption should not be amended or revoked as proposed by the Authority (the proposed action). (3) If, after considering any written statement made to the Authority by the exemption holder within the stated time, the Authority is reasonably satisfied that a ground exists to take the proposed action, the Authority may: (a) if the proposed action is to amend the exemption in a stated way—amend the exemption in that way; or (b) if the proposed action is to revoke the exemption—revoke the exemption or amend it in any way. (4) If the Authority amends or revokes the exemption, the Authority must tell the exemption holder in writing of the decision, give the exemption holder written reasons for the decision, and tell the exemption holder that the exemption holder may apply to have the decision reconsidered. (5) The amendment or revocation takes effect: (a) when the exemption holder is told in writing of the decision by the Authority and given written reasons for the decision; or (b) if the Authority tells the exemption holder that the decision takes effect at a later time—the later time.
(1) If an exemption is amended or revoked other than on application, the Authority may, by written notice, ask the exemption holder to return it to the Authority within a time stated in the notice. (2) The time stated in the notice must be a reasonable time (of at least 7 days) after the notice is given to the exemption holder. (3) The exemption holder must comply with the notice.
Penalty: $500.
(4) If the exemption holder returns the exemption to the Authority, the Authority must give a replacement exemption to the exemption holder if the exemption has been amended.
A person driving a vehicle or combination to which an exemption applies must carry the exemption.
Penalty: $1,500.
(1) The Authority must keep a register of exemptions. (2) The Authority must record in the register each exemption made by the Minister and each exemption given by the Authority. (3) The Authority must note the amendment or revocation of an exemption in the register.
(1) The Authority must ensure that the register is available for inspection by members of the public. (2) The Authority is taken to comply with subregulation (1) if the Authority ensures that there is reasonable access to: (a) copies of information in the register; or (b) a computer terminal to inspect the register.
Chapter 2 of the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth applies to an offence against these regulations as if the Chapter were in force as a law of this jurisdiction.
Note: Chapter 2 of the Criminal Code codifies the general principles of criminal responsibility.
Note: [Drafter’s note: This regulation is intended to apply only in the ACT and any other jurisdiction that chooses to apply the Chapter.]
(1) This regulation applies to a provision of these regulations prescribing a penalty for an offence. (2) The penalty is the maximum fine for an individual who is found guilty of the offence. (3) If a body corporate is found guilty of the offence, the maximum fine for the body corporate is 5 times the penalty.
Note: [Drafter’s note: The penalties stated throughout these regulations are intended to apply only in the ACT. Other jurisdictions may substitute different penalties.]
(1) For section 18 of the Act, the following persons are prescribed: (a) an authority of the Commonwealth or a State or Territory; (b) an officer or employee of: (i) the Commonwealth or a State or Territory; or (ii) an authority of the Commonwealth or a State or Territory; (c) a person holding an office established under a law of the Commonwealth or a State or Territory. (2) The Authority may, by signed writing, delegate a power of the Authority under these regulations to a person mentioned in subregulation (1). (3) The person exercising a delegated power must comply with any direction of the person who delegated the power.
(1) The following decisions of the Authority are decisions to which this regulation applies:
| Column 1Item | Column 2Provision under which decision made | Column 3Brief description of decision |
|---|---|---|
| 1 | regulation 25(1) | decision not to give an exemption |
| 2 | regulation 25(1) | decision to amend or revoke an exemption on application |
| 3 | regulation 25(1) | decision to give an exemption for a period if the applicant did not seek the exemption for a period or sought the exemption for a longer period |
| 4 | regulation 25(1) | decision to give an exemption subject to a condition not sought by the applicant for the exemption |
| 5 | regulation 35(3) | decision to amend or revoke an exemption other than on application. |
(2) A person affected by a decision to which this regulation applies (the initial decision) may ask the Authority in writing to reconsider the decision. (3) The request must be made within: (a) 28 days after the person or someone else was told in writing of the initial decision, and given written reasons for the decision, by the Authority; or (b) any longer period allowed by the Authority.
Note: Under regulation 26, the applicant for an exemption, or for amendment or revocation of an exemption, must be told of the Authority’s decision. Under regulation 35, the holder of an exemption given by the Authority must be told of a decision by the Authority, other than on application, to revoke or amend the exemption.
(4) The request must state the decision sought by the person and outline why the decision should be made. (5) Within 28 days after receiving the request, the Authority must reconsider the initial decision and: (a) confirm the decision; or (b) amend the decision; or (c) set the decision aside and substitute a new decision. (6) The Authority must tell the person in writing of the result of the reconsideration and, if the Authority does not make the decision sought by the person, give the person written reasons for its decision.
Application may be made under the Administrative Appeals Tribunal Act 1989 of the Australian Capital Territory to the Australian Capital Territory Administrative Appeals Tribunal for review of a decision that has been reconsidered by the Authority under regulation 43.
Note: {Drafter’s note: This regulation is intended to apply only in the ACT.]
The Authority may, by notice published in the Government Gazette, declare that a vehicle is an emergency vehicle.
Note: {Drafter’s note: This regulation is intended to apply only in the ACT.]
Statutory Rules 1995 No. 55 are repealed.