Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016 S.R. No. 50/2016 TABLE OF PROVISIONS Regulation Page Part 1—Preliminary 1 1 Objective 1 2 Authorising provision 1 3 Commencement 2 Part 2—Road Safety (Drivers) Regulations 2009 3 4 Search and extract fees 3 Part 3—Road Safety (Vehicles) Regulations 2009 4 5 Schedule 3 amended 4 6 New Schedule 4 substituted 5 7 Miscellaneous fees 33 8 Search and extract fees 34 ═══════════════ Endnotes 35 -- 1 of 36 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2016 S.R. No. 50/2016 Road Safety Act 1986 Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016 The Governor in Council makes the following Regulations: Dated: 24 May 2016 Responsible Minister: LUKE DONNELLAN Minister for Roads and Road Safety ANDREW ROBINSON Clerk of the Executive Council Part 1—Preliminary 1 Objective The objective of these Regulations is— (a) to amend the Road Safety (Drivers) Regulations 2009 and the Road Safety (Vehicles) Regulations 2009 to increase certain fees payable under the Road Safety Act 1986; and (b) to amend the Road Safety (Vehicles) Regulations 2009 to provide for registration fees applying to heavy vehicles. 2 Authorising provision These Regulations are made under section 95 of the Road Safety Act 1986. -- 2 of 36 -- Part 1—Preliminary Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016 S.R. No. 50/2016 Authorised by the Chief Parliamentary Counsel 2 3 Commencement These Regulations come into operation on 1 July 2016. -- 3 of 36 -- Part 2—Road Safety (Drivers) Regulations 2009 Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016 S.R. No. 50/2016 Authorised by the Chief Parliamentary Counsel 3 Part 2—Road Safety (Drivers) Regulations 2009 4 Search and extract fees In Schedule 6 to the Road Safety (Drivers) Regulations 20091 — (a) in item 1, for "$9.10" substitute "$9.30"; (b) in item 2, for "$9.10" substitute "$9.30"; (c) in item 4, for "$9.10" substitute "$9.30"; (d) in item 5, for "$9.10" substitute "$9.30". -- 4 of 36 -- Part 3—Road Safety (Vehicles) Regulations 2009 Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016 S.R. No. 50/2016 Authorised by the Chief Parliamentary Counsel 4 Part 3—Road Safety (Vehicles) Regulations 2009 5 Schedule 3 amended (1) For subclause (1) of Schedule 3 to the Road Safety (Vehicles) Regulations 20092 substitute— "(1) In this Schedule— base fee means— (a) in the case of a vehicle to which Schedule 4 applies, the annual registration fee (within the meaning of that Schedule) applicable to that kind of vehicle; or (b) in the case of any other vehicle, the base registration fee imposed by section 9(2) of the Act.". (2) In the Table in Schedule 3 to the Road Safety (Vehicles) Regulations 2009, in Column 2 of item 2, for "$8.60" substitute "$8.80". -- 5 of 36 -- Part 3—Road Safety (Vehicles) Regulations 2009 Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016 S.R. No. 50/2016 Authorised by the Chief Parliamentary Counsel 5 6 New Schedule 4 substituted For Schedule 4 to the Road Safety (Vehicles) Regulations 2009 substitute— "Schedule 4—Registration fees for heavy vehicles Regulation 101 Part 1—Preliminary 1 Application This Schedule applies to motor vehicles that have an MRC (Mass Rating for Charging) more than 4·5 tonnes. 2 Definitions In this Schedule— annual adjustment factor means the factor calculated in accordance with clause 10 of this Schedule; annual registration fee, in relation to a vehicle to which this Schedule applies, means the fee which is payable in respect of a particular financial year for the registration or renewal of registration of the vehicle; articulated bus means a bus consisting of more than one rigid section with passenger access between the sections and the sections connected to one another so as to allow rotary movement between the sections; axle group means a single axle group, tandem axle group, twinsteer axle group, tri-axle group or quad-axle group; -- 6 of 36 -- Part 3—Road Safety (Vehicles) Regulations 2009 Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016 S.R. No. 50/2016 Authorised by the Chief Parliamentary Counsel 6 B-double combination means a combination consisting of a prime mover towing 2 semi-trailers; B-double lead trailer means a semi-trailer that is nominated for use as the lead trailer in a B-double combination; B-triple combination means a combination consisting of a prime mover towing 3 semi-trailers; B-triple lead trailer means a semi-trailer that is nominated for use as the lead trailer in a B-triple combination; B-triple middle trailer means a semi-trailer that is nominated for use as the second trailer in a B-triple combination; bus (type 1) means a rigid bus that has 2 axles and an MRC not exceeding 12 tonnes; bus (type 2) means— (a) a rigid bus that has 2 axles and an MRC exceeding 12 tonnes; or (b) a rigid bus that has 3 or 4 axles; compliance plate means a plate authorised to be placed on a vehicle, or taken to have been placed on a vehicle, under the Motor Vehicle Standards Act 1989 of the Commonwealth; converter dolly means a trailer with a fifth wheel coupling designed to support a semi-trailer for hauling purposes; Council means the Transport and Infrastructure Council (which consists of Ministers) or any successor body; -- 7 of 36 -- Part 3—Road Safety (Vehicles) Regulations 2009 Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016 S.R. No. 50/2016 Authorised by the Chief Parliamentary Counsel 7 dog trailer means a trailer with— (a) one axle group or single axle at the front that is steered by connection to the towing vehicle by a drawbar; and (b) one axle group or single axle at the rear; lead trailer, in a combination, means the trailer that is, or that is to be, attached to the prime mover; load carrying vehicle means a vehicle designed and constructed to haul or carry goods and wares in addition to any fuel, water, lubricants, tools and any other equipment or accessories necessary for normal operation of the vehicle; loaded mass, in relation to a vehicle, means the sum of the mass of the vehicle and the mass of the load on the vehicle that is imposed on the surface on which the vehicle is standing or running; long combination truck means a truck nominated to haul 2 or more trailers; low loader means a gooseneck semi-trailer with a loading deck no more than one metre above the ground; medium combination truck means a truck, other than a short combination truck, nominated to haul one trailer; multi-combination prime mover means a prime mover nominated to haul 2 or more trailers; National Transport Commission means the National Transport Commission established by the National Transport Commission Act 2003 of the Commonwealth; -- 8 of 36 -- Part 3—Road Safety (Vehicles) Regulations 2009 Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016 S.R. No. 50/2016 Authorised by the Chief Parliamentary Counsel 8 nominated means nominated by the person applying for registration; operating mass, in relation to a vehicle, means the maximum mass of the vehicle, including any load, as determined by the Corporation having regard to the design and construction of the vehicle or of any of its components; semi-trailer means a trailer (including a pole-type trailer) that has— (a) one axle group or a single axle towards the rear; and (b) a means of attachment to a prime mover or a converter dolly that results in some of the load being imposed on the prime mover, or the converter dolly, as the case may be; short combination prime mover means a prime mover nominated to haul one semi-trailer; short combination truck means a truck nominated to haul one trailer where, according to the nomination— (a) the combination has 6 axles or fewer; and (b) the maximum total mass that is legally allowable for the combination is 42∙5 tonnes or less; special purpose vehicle (type O) means a special purpose vehicle (other than a special purpose vehicle (type P))— (a) built, or permanently modified, primarily for use on roads; and -- 9 of 36 -- Part 3—Road Safety (Vehicles) Regulations 2009 Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016 S.R. No. 50/2016 Authorised by the Chief Parliamentary Counsel 9 (b) that has at least one axle or axle group loaded in excess of the axle load limits specified in the Table at the foot of this definition; Example Mobile cranes, fire engines, truck-mounted concrete pumps and boring plants are special purpose vehicles (type O). Note A special purpose vehicle (type O) may also fall within the definition of special purpose vehicle (type T) if it has no axle or axle group loaded in excess of the axle load limits specified in the Table at the foot of this definition. Table Axle load limits Column 1 Item No. Column 2 Type of axle or axle group Column 3 Axle load limit (tonnes) 1 Single axles (a) 2 tyres 6⋅0 (b) 2 wide profile tyres— (i) 375 millimetres to 450 millimetres 6⋅7 (ii) over 450 millimetres 7⋅0 (c) 4 or more tyres— (i) on pig trailers 8⋅5 (ii) on other vehicles 9⋅0 -- 10 of 36 -- Part 3—Road Safety (Vehicles) Regulations 2009 Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016 S.R. No. 50/2016 Authorised by the Chief Parliamentary Counsel 10 Column 1 Item No. Column 2 Type of axle or axle group Column 3 Axle load limit (tonnes) 2 Twinsteer axle groups (a) non-load sharing suspensions 10⋅0 (b) load sharing suspensions 11⋅0 3 Tandem axle groups (a) 4 tyres 11⋅0 (b) 4 wide profile tyres— (i) 375 millimetres to 450 millimetres 13⋅3 (ii) over 450 millimetres 14⋅0 (c) 6 tyres 13⋅0 (d) 8 or more tyres— (i) on pig trailers 15⋅0 (ii) on other vehicles 16⋅5 4 Tri-axle groups (a) 6, 8 or 10 tyres 15⋅0 (b) 6 wide profile tyres (375 millimetres or over)— (i) on pig trailers 18⋅0 (ii) on other vehicles 20⋅0 (c) 12 or more tyres— (i) on pig trailers 18⋅0 (ii) on other vehicles 20⋅0 -- 11 of 36 -- Part 3—Road Safety (Vehicles) Regulations 2009 Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016 S.R. No. 50/2016 Authorised by the Chief Parliamentary Counsel 11 special purpose vehicle (type P) means a special purpose vehicle built, or permanently modified, primarily for— (a) off-road use; or (b) use on a road related area; or (c) use on an area of road that is under construction or repair; Example Agricultural tractors, self-propelled agricultural harvesters, bulldozers, backhoes, graders and front-end loaders are special purpose vehicles (type P). special purpose vehicle (type T) means a special purpose vehicle (other than a special purpose vehicle (type P))— (a) built, or permanently modified, primarily for use on roads; and (b) that has no axle or axle group loaded in excess of the axle load limits specified in the Table at the foot of the definition of special purpose vehicle (type O); Example Mobile cranes, fire engines, truck-mounted concrete pumps and boring plants are special purpose vehicles (type T). Note A special purpose vehicle (type T) may also fall within the definition of special purpose vehicle (type O) if it has at least one axle or axle group loaded in excess of the axle load limits specified in the Table at the foot of that definition. truck (type 1) means a truck that has— (a) 2 axles and an MRC not exceeding 12 tonnes; or -- 12 of 36 -- Part 3—Road Safety (Vehicles) Regulations 2009 Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016 S.R. No. 50/2016 Authorised by the Chief Parliamentary Counsel 12 (b) 3 axles and an MRC not exceeding 16∙5 tonnes; or (c) 4 or more axles and an MRC not exceeding 20 tonnes; truck (type 2) means a truck that has— (a) 2 axles and an MRC exceeding 12 tonnes; or (b) 3 axles and an MRC exceeding 16∙5 tonnes; or (c) 4 or more axles and an MRC exceeding 20 tonnes; 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 one metre, but not more than 2 metres. 3 Close-spaced axles (1) For the purposes of this Schedule (other than the definitions of single axle group, tandem axle group, twinsteer axle group, tri-axle group and quad-axle group)— (a) 2 axles less than one metre apart are to be regarded as one axle; and (b) 3 axles not more than 2 metres apart are to be regarded as 2 axles; and (c) 4 axles not more than 3∙2 metres apart are to be regarded as 3 axles. -- 13 of 36 -- Part 3—Road Safety (Vehicles) Regulations 2009 Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016 S.R. No. 50/2016 Authorised by the Chief Parliamentary Counsel 13 (2) A reference to a distance in subclause (1) is a reference to the horizontal distance between the centre-lines of— (a) in the case of subclause (1)(a), the 2 axles; and (b) in any other case, the outermost axles. 4 Determination of number of trailers For the purposes of determining the number of trailers that a prime mover or truck is nominated to haul for the purposes of this Schedule— (a) a converter dolly and a semi-trailer when used together are to be regarded as one trailer; and (b) a low loader dolly and a low loader when used together are to be regarded as one trailer. Note Nothing in this clause affects the requirement under Part 2 of this Schedule that a separate annual registration fee be paid for each converter dolly or low loader dolly and for each semi-trailer. Part 2—Fees 5 Annual registration fees—1 July 2016 to 30 June 2017 The annual registration fee for a vehicle to which this Schedule applies for the financial year 2016/2017 is the sum of the relevant amounts set out in Tables 1 and 2 for the vehicle. Note The annual registration fee for a vehicle is made up of 2 separate components—a road component (Table 1), which is designed to recover expenditure relating to roads that can be attributed to the use of heavy vehicles either generally or particularly; and a regulatory component (Table 2), which is -- 14 of 36 -- Part 3—Road Safety (Vehicles) Regulations 2009 Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016 S.R. No. 50/2016 Authorised by the Chief Parliamentary Counsel 14 designed to recover expenditure related to the regulation of heavy vehicles. It is intended that the regulatory component will be paid to the Regulator, subject to offsets where jurisdictions provide regulatory services under service level agreements. Example The annual registration fee for a truck (type 1) with 2 axles is $620, which is the sum of $418 shown in Table 1 for that type of truck, and $202 shown in Table 2 for that type of truck. Table 1—Road component of annual registration fees 1 July 2016—30 June 2017 Division 1—Load carrying vehicles Column 1 Column 2 Column 3 Column 4 Column 5 Vehicle type 2 axles 3 axles 4 axles 5 or more axles Item No. Fee per vehicle Fee per vehicle Fee per vehicle Fee per vehicle Trucks 1 Truck (type 1) $418 $732 $732 $732 2 Truck (type 2) $731 $831 $830 $830 3 Short combination truck $731 $830 $1723 $1723 4 Medium combination truck $9052 $9052 $9776 $9776 5 Long combination truck $12 513 $12 513 $12 513 $12 513 -- 15 of 36 -- Part 3—Road Safety (Vehicles) Regulations 2009 Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016 S.R. No. 50/2016 Authorised by the Chief Parliamentary Counsel 15 Column 1 Column 2 Column 3 Column 4 Column 5 Vehicle type 2 axles 3 axles 4 axles 5 or more axles Item No. Fee per vehicle Fee per vehicle Fee per vehicle Fee per vehicle Prime movers 6 Short combination prime mover $732 $4176 $4489 $4489 7 Multi- combination prime mover $10 591 $10 591 $11 651 $11 651 Division 2—Load carrying trailers Column 1 Column 2 Column 3 Column 4 Column 5 Trailer type Single axle Tandem axle group Tri-axle group Quad-axle group and above Item No. Fee per axle Fee per axle Fee per axle Fee per axle 1 Pig trailer $622 $622 $623 $622 2 Dog trailer $622 $622 $623 $622 3 Semi-trailer $622 $790 $562 $421 4 B-Double lead trailer and B-triple lead and middle trailers $622 $790 $562 $421 5 Converter dolly or low loader dolly $0 $0 $0 $0 -- 16 of 36 -- Part 3—Road Safety (Vehicles) Regulations 2009 Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016 S.R. No. 50/2016 Authorised by the Chief Parliamentary Counsel 16 Division 3—Buses Column 1 Column 2 Column 3 Column 4 Bus type 2 axles 3 axles 4 or more axles Item No. Fee per vehicle Fee per vehicle Fee per vehicle 1 Bus (type 1) $314 $0 $0 2 Bus (type 2) $314 $2297 $2297 3 Articulated bus $0 $314 $314 Division 4—Special purpose vehicles Column 1 Column 2 Item No. Vehicle type Fee per vehicle 1 Special purpose vehicle (type P) $0 2 Special purpose vehicle (type T) $305 3 Special purpose vehicle (type O) The fee is calculated using the formula: $381 + ($381 × Number of axles over 2). Table 2—Regulatory component of annual registration fees 1 July 2016—30 June 2017 Division 1—Load carrying vehicles Column 1 Column 2 Column 3 Column 4 Column 5 Vehicle type 2 axles 3 axles 4 axles 5 or more axles Item No. Fee per vehicle Fee per vehicle Fee per vehicle Fee per vehicle Trucks 1 Truck (type 1) $202 $238 $254 $254 2 Truck (type 2) $264 $336 $359 $359 -- 17 of 36 -- Part 3—Road Safety (Vehicles) Regulations 2009 Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016 S.R. No. 50/2016 Authorised by the Chief Parliamentary Counsel 17 Column 1 Column 2 Column 3 Column 4 Column 5 Vehicle type 2 axles 3 axles 4 axles 5 or more axles Item No. Fee per vehicle Fee per vehicle Fee per vehicle Fee per vehicle 3 Short combination truck $296 $375 $359 $359 4 Medium combination truck $671 $671 $726 $726 5 Long combination truck $929 $929 $929 $929 Prime movers 6 Short combination prime mover $418 $418 $418 $418 7 Multi- combination prime mover $945 $945 $1039 $1039 Division 2—Load carrying trailers Column 1 Column 2 Column 3 Column 4 Column 5 Trailer type Single axle Tandem axle group Tri-axle group Quad-axle group and above Item No. Fee per axle Fee per axle Fee per axle Fee per axle 1 Pig trailer $55 $28 $18 $14 2 Dog trailer $55 $28 $18 $14 3 Semi-trailer $55 $28 $18 $14 -- 18 of 36 -- Part 3—Road Safety (Vehicles) Regulations 2009 Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016 S.R. No. 50/2016 Authorised by the Chief Parliamentary Counsel 18 Column 1 Column 2 Column 3 Column 4 Column 5 Trailer type Single axle Tandem axle group Tri-axle group Quad-axle group and above Item No. Fee per axle Fee per axle Fee per axle Fee per axle 4 B-Double lead trailer and B-triple lead and middle trailers $55 $28 $18 $14 5 Converter dolly or low loader dolly $55 $28 $18 $14 Division 3—Buses Column 1 Column 2 Column 3 Column 4 Bus type 2 axles 3 axles 4 or more axles Item No. Fee per vehicle Fee per vehicle Fee per vehicle 1 Bus (type 1) $211 $0 $0 2 Bus (type 2) $346 $429 $429 3 Articulated bus $0 $343 $343 Division 4—Special purpose vehicles Column 1 Column 2 Item No. Vehicle type Fee per vehicle 1 Special purpose vehicle (type P) $0 2 Special purpose vehicle (type T) $209 3 Special purpose vehicle (type O) $209 -- 19 of 36 -- Part 3—Road Safety (Vehicles) Regulations 2009 Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016 S.R. No. 50/2016 Authorised by the Chief Parliamentary Counsel 19 6 Annual registration fees—after 30 June 2017 (1) The annual registration fees for vehicles to which this Schedule applies for any financial year commencing after 30 June 2017 are to be fixed under this clause, except in relation to a financial year for which a determination is published in conformity with clause 7. (2) The annual registration fee for a vehicle to which this Schedule applies for any financial year commencing after 30 June 2017 (the relevant financial year) is to be calculated as follows— (a) step 1—the road component is to be determined as follows— (i) the road component of the annual registration fee that was payable for the vehicle for the financial year immediately preceding the relevant financial year (the road component of the previous annual registration fee) is to be multiplied by the annual adjustment factor percentage determined under clause 10 for the relevant financial year; (ii) the result is to be added to, or subtracted from (if the percentage was negative), the road component of the previous annual registration fee; (iii) the result is to be rounded up or down to the nearest whole dollar amount (rounding an amount of 50 cents upwards); (iv) the result is the road component of the annual registration fee for the vehicle for the relevant financial year; -- 20 of 36 -- Part 3—Road Safety (Vehicles) Regulations 2009 Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016 S.R. No. 50/2016 Authorised by the Chief Parliamentary Counsel 20 (b) step 2—the regulatory component of the annual registration fee for the vehicle is to be determined by reference to the most recent table published by the National Transport Commission on or before 28 February immediately before the start of the relevant financial year; (c) step 3—the amount determined under step 1 (the road component) is to be added to the amount determined under step 2 (the regulatory component) and the result is the annual registration fee for the vehicle for the relevant financial year. (3) In this clause, most recent table means the table last published by the National Transport Commission in the Commonwealth Government Gazette for the purpose of determining the regulatory component (whether published for the relevant financial year or for any other financial year). 7 Determination of annual registration fees—after 30 June 2017 (1) The annual registration fees fixed under this clause for vehicles to which this Schedule applies for a financial year apply instead of the fees fixed under clause 6. Note If any registration fees are fixed under this clause for a financial year, they replace all registration fees that would otherwise be applicable under clause 6 for that year. (2) The annual registration fees for vehicles for the financial year are fixed under this clause by a determination made by the Council on or before 28 February immediately before that financial year, but only if the National Transport Commission has published the determination in -- 21 of 36 -- Part 3—Road Safety (Vehicles) Regulations 2009 Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016 S.R. No. 50/2016 Authorised by the Chief Parliamentary Counsel 21 the Commonwealth Government Gazette on or before that date. (3) A determination may apply for one financial year or for 2 or more consecutive financial years, but nothing in this subclause prevents more than one determination being made so long as they are made for consecutive financial years. (4) Subclauses (1)–(3) cease to have effect— (a) if a determination has not been published for the financial year 2017/2018 on or before 28 February 2017—on the day after that date; or (b) if a determination has been published for a financial year and a further determination has not been published for the next financial year on or before 28 February immediately before that next financial year—on the day after that date. 8 Meaning of previous annual registration fee (1) A reference to the previous annual registration fee for a vehicle in clause 6 is a reference to the fee that was payable for the vehicle under this Schedule had the vehicle been registered for the entire relevant financial year, and regardless of whether the amount of the fee was paid or not. Note Accordingly, if the annual registration fee for a year (year 1) was fixed under clause 7 but not for the following year (year 2), the fee for year 2 would be fixed under clause 6 based on the fee for year 1 (that is, as fixed under clause 7). -- 22 of 36 -- Part 3—Road Safety (Vehicles) Regulations 2009 Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016 S.R. No. 50/2016 Authorised by the Chief Parliamentary Counsel 22 (2) Subclause (1) applies to a vehicle even if the fee was not payable in respect of the relevant financial year referred to in that subclause. Example The fee may not have been payable for the previous financial year because the vehicle did not then exist. 9 Vehicles in 2 or more categories If a vehicle falls within 2 or more categories of vehicle that are relevant to this Schedule, the fee for the vehicle is the higher or highest of the fees that could apply to the vehicle. Part 3—Annual adjustment factor 10 Annual adjustment factor (1) The annual adjustment factor for a financial year (the relevant year) is to be calculated in accordance with this clause. (2) First, the Revised Adjusted Base Cost (RABC) is to be calculated in accordance with Part 4. (3) Next, the following formula is to be applied ( ) RABC FR RR 100 FR RR − −   ×   +   where— FR is the estimated total amount of the road user charge as calculated in accordance with clause 11; RR is the estimated revenue raised in relation to heavy vehicles by the road component of registration charges in Australia as calculated in accordance with clause 12. -- 23 of 36 -- Part 3—Road Safety (Vehicles) Regulations 2009 Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016 S.R. No. 50/2016 Authorised by the Chief Parliamentary Counsel 23 (4) Finally, the amount determined under subclause (3) is to be rounded up or down to one decimal place (rounding an amount of 0∙05 upwards). (5) The result is the annual adjustment factor expressed as a percentage. 11 Calculation of the estimated total amount of the road user charge (1) The estimated total amount of the road user charge (FR) is to be calculated in accordance with this clause. (2) First, the following formula is to be applied— TFU RUC × where— TFU is the total fuel use by heavy vehicles in litres determined by adding together the estimated annual fuel use shown in the most recent annual report of the National Transport Commission for each category of heavy vehicle; RUC is the road user charge rate (expressed in dollars) for the previous year that applied under section 43-10 of the Fuel Tax Act 2006 of the Commonwealth, or if more than one rate applied in that year, the last rate that applied in that year. (3) Second, the amount determined under subclause (2) is to be divided by 1 000 000. (4) Third, the amount determined under subclause (3) is to be rounded up or down to 2 decimal places (rounding an amount of 0∙005 upwards). (5) The result is the estimated total amount of the road user charge. -- 24 of 36 -- Part 3—Road Safety (Vehicles) Regulations 2009 Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016 S.R. No. 50/2016 Authorised by the Chief Parliamentary Counsel 24 (6) In this clause— most recent annual report of the National Transport Commission means the last annual report of the Commission that was tabled in each House of the Parliament of the Commonwealth before the start of the relevant year; previous year means the financial year that immediately preceded the relevant year; relevant year means the financial year for which the annual adjustment factor is being calculated. 12 Calculation of estimated revenue raised from the road component of registration charges (1) The estimated revenue raised in relation to heavy vehicles by the road component of registration charges in Australia (RR) is to be calculated in accordance with this clause. (2) First, the following formula is to be applied— HV TRR + where— HV is the sum of the amounts shown in the most recent annual report of the National Transport Commission as the estimated revenue from the road component of registration charges for vehicles excluding trailers for each category of heavy vehicle; TRR is the sum of the amounts shown in the most recent annual report of the National Transport Commission as the estimated registration charges for trailers for each category of heavy vehicle. -- 25 of 36 -- Part 3—Road Safety (Vehicles) Regulations 2009 Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016 S.R. No. 50/2016 Authorised by the Chief Parliamentary Counsel 25 (3) Second, the amount determined under subclause (2) is to be divided by 1 000 000. (4) Third, the amount determined under subclause (3) is to be rounded up or down to 2 decimal places (rounding an amount of 0∙005 upwards). (5) The result is the estimated revenue raised from the road component of registration charges for heavy vehicles in Australia. (6) In this clause— most recent annual report of the National Transport Commission means the last annual report of the Commission that was tabled in each House of the Parliament of the Commonwealth before the start of the financial year for which the annual adjustment factor is being calculated. Part 4—Calculation of RABC (Revised Adjusted Base Cost) 13 Revised Adjusted Base Cost The Revised Adjusted Base Cost (RABC) for a financial year (the relevant year) needed to enable the calculation of the annual adjustment factor for that year is to be calculated in accordance with this Part. 14 Definitions In this Part— AGM-km (Average Gross Mass-km), in respect of a group of vehicles, is an average derived from estimated aggregates of the total mass of each vehicle in the group and its load multiplied by the estimated total distance travelled by the vehicle in the relevant period; -- 26 of 36 -- Part 3—Road Safety (Vehicles) Regulations 2009 Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016 S.R. No. 50/2016 Authorised by the Chief Parliamentary Counsel 26 Allocable Road Expenditure Table means the Table headed "Allocable Road Expenditure" published in the most recent annual report of the National Transport Commission; Cost Allocation Rules Table means the Table headed "Cost Allocation Rules" published in the most recent annual report of the National Transport Commission; ESA-km (Equivalent Standard Axle-km), in respect of a group of vehicles, is an average derived from estimated aggregates of the relative pavement wear associated with different loads, axle groups and tyre configurations and is calculated for each vehicle in the group by multiplying the sum of the equivalent standard axles for each of the rows of tyres of the vehicle by the estimated total distance travelled by the vehicle in the relevant period; most recent annual report of the National Transport Commission means the last annual report of the Commission that was tabled in each House of the Parliament of the Commonwealth before the start of the financial year for which the annual adjustment factor is being determined; PCU-km (Passenger Car Unit-km), in respect of a group of vehicles, is an average derived from estimated aggregates of the passenger car equivalent units of each of the vehicles in the group (which is a measure of occupied road space) multiplied by the total distance travelled by the vehicle in the relevant period; -- 27 of 36 -- Part 3—Road Safety (Vehicles) Regulations 2009 Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016 S.R. No. 50/2016 Authorised by the Chief Parliamentary Counsel 27 Road Usage Parameters Table means the Table headed "Road Usage Parameters" published in the most recent annual report of the National Transport Commission; VKT (Vehicle Kilometres Travelled), in respect of a group of vehicles, is an average derived from the estimated aggregate kilometres travelled by the vehicles in the relevant period. 15 Rounding The results of all calculations made for the purposes of this Part are to be rounded up or down to one decimal place (rounding an amount of 0∙05 upwards). 16 Interim calculations The steps set out in clauses 17 to 19 need to be taken in turn for each category of expenditure shown in the Allocable Road Expenditure Table. 17 Determine the amount attributable to arterial roads (1) Take the amount shown as the Arterial Roads Total (ART) for the category of expenditure. (2) This amount needs to be adjusted to take account of the most appropriate weighting of methods of measuring road use and to isolate the heavy vehicle component of the road use which is achieved by taking the following 5 substeps— (a) substep 1—take account of the vehicle kilometres travelled parameter and the heavy vehicle component as follows— (i) multiply ART by the percentage shown in the Cost Allocation Rules Table for the category with respect to VKT; -- 28 of 36 -- Part 3—Road Safety (Vehicles) Regulations 2009 Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016 S.R. No. 50/2016 Authorised by the Chief Parliamentary Counsel 28 (ii) if the result is zero (or the amount is deemed to be zero because no percentage is shown), go to subparagraph (iv) below; (iii) if the result is not zero, multiply the result by the HV% shown in the Road Usage Parameters Table for Arterial for VKT; (iv) the result is Arterial Interim Amount 1 (AIA(1)). (b) substep 2—take account of the passenger car unit-km parameter and the heavy vehicle component as follows— (i) multiply ART by the percentage shown in the Cost Allocation Rules Table for the category with respect to PCU-km; (ii) if the result is zero (or the amount is deemed to be zero because no percentage is shown), go to subparagraph (iv) below; (iii) if the result is not zero, multiply the result by the HV% shown in the Road Usage Parameters Table for Arterial for PCU-km; (iv) the result is Arterial Interim Amount 2 (AIA(2)). (c) substep 3—take account of the equivalent standard axle-km parameter and the heavy vehicle component as follows— (i) multiply ART by the percentage shown in the Cost Allocation Rules Table for the category with respect to ESA-km; -- 29 of 36 -- Part 3—Road Safety (Vehicles) Regulations 2009 Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016 S.R. No. 50/2016 Authorised by the Chief Parliamentary Counsel 29 (ii) if the result is zero (or the amount is deemed to be zero because no percentage is shown), go to subparagraph (iv) below; (iii) if the result is not zero, multiply the result by the HV% shown in the Road Usage Parameters Table for Arterial for ESA-km; (iv) the result is Arterial Interim Amount 3 (AIA(3)). (d) substep 4—take account of the average gross mass-km parameter and the heavy vehicle component as follows— (i) multiply ART by the percentage shown in the Cost Allocation Rules Table for the category with respect to AGM-km; (ii) if the result is zero (or the amount is deemed to be zero because no percentage is shown), go to subparagraph (iv) below; (iii) if the result is not zero, multiply the result by the HV% shown in the Road Usage Parameters Table for Arterial for AGM-km; (iv) the result is Arterial Interim Amount 4 (AIA(4)). (e) substep 5—add up the interim amounts as follows— (i) add together AIA(1), AIA(2), AIA(3) and AIA(4); (ii) the result is the Total Arterial Amount. -- 30 of 36 -- Part 3—Road Safety (Vehicles) Regulations 2009 Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016 S.R. No. 50/2016 Authorised by the Chief Parliamentary Counsel 30 18 Determine the amount attributable to local roads (1) Take the amount shown as the Local Roads Total for that category (LRT). (2) This amount needs to be adjusted to take account of the most appropriate weighting of methods of measuring road use and to isolate the heavy vehicle component of the road use which is achieved by taking the following 5 substeps— (a) substep 1—take account of the vehicle kilometres travelled parameter and the heavy vehicle component as follows— (i) multiply LRT by the percentage shown in the Cost Allocation Rules Table for the category with respect to VKT; (ii) if the result is zero (or the amount is deemed to be zero because no percentage is shown), go to subparagraph (iv) below; (iii) if the result is not zero, multiply the result by the HV% shown in the Road Usage Parameters Table for Local for VKT; (iv) the result is Local Roads Interim Amount 1 (LRIA(1)); (b) substep 2—take account of the passenger car unit-km parameter and the heavy vehicle component as follows— (i) multiply LRT by the percentage shown in the Cost Allocation Rules Table for the category with respect to PCU-km; (ii) if the result is zero (or the amount is deemed to be zero because no percentage is shown), go to subparagraph (iv) below; -- 31 of 36 -- Part 3—Road Safety (Vehicles) Regulations 2009 Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016 S.R. No. 50/2016 Authorised by the Chief Parliamentary Counsel 31 (iii) if the result is not zero, multiply the result by the HV% shown in the Road Usage Parameters Table for Local for PCU-km; (iv) the result is Local Roads Interim Amount 2 (LRIA(2)); (c) substep 3—take account of the equivalent standard axle-km parameter and the heavy vehicle component as follows— (i) multiply LRT by the percentage shown in the Cost Allocation Rules Table for the category with respect to ESA-km; (ii) if the result is zero (or the amount is deemed to be zero because no percentage is shown), go to subparagraph (iv) below; (iii) if the result is not zero, multiply the result by the HV% shown in the Road Usage Parameters Table for Local for ESA-km; (iv) the result is Local Roads Interim Amount 3 (LRIA(3)); (d) substep 4—take account of the average gross mass-km parameter and the heavy vehicle component as follows— (i) multiply LRT by the percentage shown in the Cost Allocation Rules Table for the category with respect to AGM-km; (ii) if the result is zero (or the amount is deemed to be zero because no percentage is shown), go to subparagraph (iv) below; -- 32 of 36 -- Part 3—Road Safety (Vehicles) Regulations 2009 Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016 S.R. No. 50/2016 Authorised by the Chief Parliamentary Counsel 32 (iii) if the result is not zero, multiply the result by the HV% shown in the Road Usage Parameters Table for Local for AGM-km; (iv) the result is Local Roads Interim Amount 4 (LRIA(4)); (e) substep 5—add up the interim amounts as follows— (i) add together LRIA(1), LRIA(2), LRIA(3) and LRIA(4); (ii) the result is the Total Local Roads Amount. 19 Add up the arterial and local roads results (1) Add the Total Arterial Amount from clause 17 and the Total Local Roads Amount from clause 18 together. (2) The result is the Total Relevant Amount for the relevant category. 20 Initial Base Cost (1) The Total Relevant Amounts for each of the 10 categories must be added together. (2) The result is the Initial Base Cost (IBC) for the relevant year. 21 Base Cost Adjustment Factor Calculate the Base Cost Adjustment Factor (BCAF) using the following formula— current year previous year previous year IBC IBC BCAF IBC −   =     where— IBC is the Initial Base Cost calculated in accordance with clause 20. -- 33 of 36 -- Part 3—Road Safety (Vehicles) Regulations 2009 Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016 S.R. No. 50/2016 Authorised by the Chief Parliamentary Counsel 33 22 Final calculation (1) Calculate the RABC using the following formula— ( ) RABC PRABC 1 BCAF = × + where— PRABC is the Revised Adjusted Base Cost derived in calculating the annual adjustment factor in the previous financial year; RABC is the Revised Adjusted Base Cost; BCAF is the Base Cost Adjustment Factor calculated in accordance with clause 21. (2) The result is the RABC for the relevant year. 23 Transitional provision in relation to the calculation of the annual adjustment factor for financial year 2017/2018 Despite anything to the contrary in this Part, for the purpose of calculating the RABC for the financial year 2017/2018, the PRABC in clause 22 is 2902∙295600.". 7 Miscellaneous fees In Schedule 5 to the Road Safety (Vehicles) Regulations 2009— (a) in Column 4 of item 11, for "$3.70" substitute "$3.80"; (b) in Column 4 of item 13(d), for "$6.10" substitute "$6.20"; (c) in Column 4 of item 26, for "12∙17 fee units" substitute "21∙46 fee units". -- 34 of 36 -- Part 3—Road Safety (Vehicles) Regulations 2009 Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016 S.R. No. 50/2016 Authorised by the Chief Parliamentary Counsel 34 8 Search and extract fees In Schedule 6 to the Road Safety (Vehicles) Regulations 2009— (a) in item 1, for "$9.10" substitute "$9.30"; (b) in item 2, for "$9.10" substitute "$9.30"; (c) in item 4, for "$9.10" substitute "$9.30"; (d) in item 5(i), for "$9.10" substitute "$9.30". ═══════════════ -- 35 of 36 -- Endnotes Road Safety (Drivers) and (Vehicles) Amendment (Fees) Regulations 2016 S.R. No. 50/2016 Authorised by the Chief Parliamentary Counsel 35 Endnotes 1 Reg. 4: S.R. No. 95/2009. Reprint No. 2 as at 30 January 2015. Reprinted to S.R. No. 200/2014. Subsequently amended by S.R. Nos 78/2015, 79/2015, 84/2015, 135/2015, 159/2015 and 24/2016. 2 Reg. 5(1): S.R. No. 118/2009. Reprint No. 2 as at 30 January 2015. Reprinted to S.R. No. 201/2014. Subsequently amended by S.R. Nos 79/2015, 118/2015 and 159/2015. -- 36 of 36 --