Road Safety (Vehicles) Amendment Regulations 2010

i Road Safety (Vehicles) Amendment Regulations 2010 S.R. No. 26/2010 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 2 3 Principal Regulations 2 4 Definitions 2 5 Corporation may declare matters for the purposes of Regulations 4 6 Interpretation—retractable axles 4 7 New regulation 10A inserted 4 10A Vehicle width 4 8 Exemptions from registration 5 9 Installation of operations plates and the modification of vehicles 5 10 Electronic stability control 5 11 Regulation 35 revoked 6 12 Regulation 36 revoked 6 13 Offences and exemptions 6 14 Replacement of number plates 7 15 New regulation 48A inserted 7 48A Hybrid vehicles 7 16 Offence 8 17 Corporation to issue registration label 9 18 Offence not to affix registration label 10 19 New regulation 63 substituted 10 63 Non-standard number plates 10 20 Slimline number plates 10 21 Obligation to disclose information to purchaser of written-off vehicle 11 22 Application of certain fees 11 23 Grounds for suspension 11 24 Variation, revocation or expiry of permit 11 25 Application for club permit 12 26 Mass limits for tyres, wheels and axles 12 27 Class 1 vehicles 12 28 Class 3 vehicles 12 29 Use of vehicles not complying with standards 13 -- 1 of 20 -- Regulation Page ii 30 Schedule 5—Miscellaneous fees 13 31 Schedule 7—Dimension limits (class 1 vehicles) 14 32 Schedule 7—Material for warning signs on class 1 vehicles 14 33 Schedule 7—Mass limits (agricultural vehicles) 14 34 Schedule 7—Maximum height (agricultural vehicles) 14 35 Schedule 7—Rear overhang limits (agricultural vehicles) 15 36 Schedule 7—Maximum length (agricultural vehicles) 15 37 Schedule 7—Maximum width (agricultural vehicles) 15 38 New Parts 5A and 5B of Schedule 9 inserted 16 PART 5A—REFRIGERATION TRAILERS 16 36A Dimension limits for refrigeration trailers 16 36B Length limit for refrigeration trailers 16 36C Mass limits for refrigeration trailers 16 PART 5B—REARLOADER WASTE VEHICLES 17 36D Dimension limits for rearloader waste vehicles 17 36E Rear overhang 17 36F Mass limits for rearloader waste vehicles 17 ═══════════════ ENDNOTES 18 -- 2 of 20 -- 1 STATUTORY RULES 2010 S.R. No. 26/2010 Road Safety Act 1986 Road Safety (Vehicles) Amendment Regulations 2010 The Governor in Council makes the following Regulations: Dated: 11 May 2010 Responsible Minister: TIM PALLAS Minister for Roads and Ports TOBY HALLIGAN Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Road Safety (Vehicles) Regulations 2009— (a) to amend the definitions of certain types of vehicle; and (b) to specify certain items to be excluded when measuring vehicle width; and (c) to remove the provisions relating to labels evidencing compliance with electronic stability control requirements; and (d) to facilitate the identification of hybrid vehicles; and (e) to allow greater flexibility with regard to the information to be included on registration labels; and -- 3 of 20 -- S.R. No. 26/2010 Road Safety (Vehicles) Amendment Regulations 2010 2 (f) to provide for conditional registration to be suspended on the ground of breach of a condition; and (g) to amend the mass and dimension limits applying to certain vehicles; and (h) to allow the use of flexible material for warning signs on class 1 vehicles; and (i) to provide for the use of agricultural trailers; and (j) to make minor amendments in relation to the issue of non-standard number plates; and (k) to make other minor amendments. 2 Authorising provision These Regulations are made under section 95 of the Road Safety Act 1986. 3 Principal Regulations In these Regulations, the Road Safety (Vehicles) Regulations 2009 1 are called the Principal Regulations. 4 Definitions In regulation 5 of the Principal Regulations— (a) for the definition of agricultural implement substitute— "agricultural implement means— (a) a vehicle without its own motive power, not designed to carry a load and used exclusively to perform agricultural tasks; or (b) an agricultural trailer;"; r. 2 -- 4 of 20 -- S.R. No. 26/2010 Road Safety (Vehicles) Amendment Regulations 2010 3 (b) for the definition of complying bus substitute— "complying bus means a bus that— (a) has two or three axles and a single steer axle; and (b) is fitted with a compliance plate in accordance with the Motor Vehicle Standards Act 1989 of the Commonwealth indicating that the bus was manufactured after June 1994; and (c) meets the emergency exit specifications set out in ADR 44; and (d) meets the rollover strength specifications set out in ADR 59; and (e) meets the occupant protection specifications set out in ADR 68; and (f) is equipped with an approved air suspension system;"; (c) in the definition of controlled access bus, for "that is more than 12·5 metres long" substitute "whose length is more than 12·5 metres but not more than 14·5 metres"; (d) for the definition of escort vehicle substitute— "escort vehicle means a motor vehicle that is being used for the purpose of— (a) transporting an authorised officer, a member of the police force or another person authorised to direct traffic; and r. 4 -- 5 of 20 -- S.R. No. 26/2010 Road Safety (Vehicles) Amendment Regulations 2010 4 (b) warning other highway users of the presence of a class 1 vehicle;"; (e) insert the following definitions— "agricultural trailer means a trailer designed to carry a load and used exclusively to perform agricultural tasks, but does not include a semi-trailer or a trailer to which regulation 12(g) applies; low floor bus means a bus that has— (a) at least one stairless entry point; and (b) only two axles;". 5 Corporation may declare matters for the purposes of Regulations Regulation 6(j) of the Principal Regulations is revoked. 6 Interpretation—retractable axles Regulation 10(2) of the Principal Regulations is revoked. 7 New regulation 10A inserted After regulation 10 of the Principal Regulations insert— "10A Vehicle width For the purposes of these Regulations, vehicle width must be measured without taking into account— (a) central tyre inflation systems; (b) anti-skid devices mounted on wheels; (c) tyre pressure gauges; (d) signalling devices; r. 5 -- 6 of 20 -- S.R. No. 26/2010 Road Safety (Vehicles) Amendment Regulations 2010 5 (e) any rear vision mirrors, lights or reflectors that— (i) are mounted on the side of the vehicle; and (ii) comply with the standards for registration.". 8 Exemptions from registration In regulation 12(b) of the Principal Regulations omit "constructed and". 9 Installation of operations plates and the modification of vehicles In regulation 21(3)(c) of the Principal Regulations for "an authorised person" substitute "an authorised officer". 10 Electronic stability control (1) In the heading to regulation 34 of the Principal Regulations omit "and approval to affix label or plate". (2) Regulation 34(2) of the Principal Regulations is revoked. (3) For regulation 34(3) of the Principal Regulations substitute— "(3) An application under this regulation must include— (a) in the case of a motor vehicle or model of motor vehicle that has been certified under the Motor Vehicle Standards Act 1989 of the Commonwealth as compliant with the electronic stability control standard in ADR 31/02 or ADR 35/03—the Identification Plate Approval Number, in respect of the motor vehicle or model of motor r. 8 -- 7 of 20 -- S.R. No. 26/2010 Road Safety (Vehicles) Amendment Regulations 2010 6 vehicle, evidencing compliance with that ADR; (b) in the case of any other motor vehicle or model of motor vehicle— (i) evidence that the particular motor vehicle or model of motor vehicle has been fitted with a compliant system of electronic stability control; and (ii) the vehicle identification number of any motor vehicle in respect of which the application is being made; and (iii) the fee specified in item 24 of Schedule 5.". (4) In regulation 34(4) of the Principal Regulations omit "or (2)". (5) Regulation 34(5)(b) of the Principal Regulations is revoked. 11 Regulation 35 revoked Regulation 35 of the Principal Regulations is revoked. 12 Regulation 36 revoked Regulation 36 of the Principal Regulations is revoked. 13 Offences and exemptions (1) For the heading to regulation 37 of the Principal Regulations substitute— "Exemptions". (2) Regulations 37(1), 37(2), 37(3) and 37(4) of the Principal Regulations are revoked. r. 11 -- 8 of 20 -- S.R. No. 26/2010 Road Safety (Vehicles) Amendment Regulations 2010 7 14 Replacement of number plates (1) For the heading to regulation 46 of the Principal Regulations substitute— "Replacement of lost, stolen etc. number plates". (2) In regulation 46 of the Principal Regulations omit ", or if the holder of rights to a non-standard number plate or standard number plate requests the Corporation to change the design, size, colour or material of a number plate,". (3) In regulation 46(a) of the Principal Regulations— (a) after "replacement of" insert "the number plate with"; and (b) for "determined" substitute "fixed". (4) In regulation 46(b) of the Principal Regulations, after "for" insert "the replacement of the number plate with". 15 New regulation 48A inserted After regulation 48 of the Principal Regulations insert— '48A Hybrid vehicles A hybrid vehicle must have fixed conspicuously to the front and rear number plates a label that is— (a) made of durable material; and (b) at least 25 millimetres wide and 25 millimetres high; and (c) mounted as a diamond; and (d) reflective green; and (e) marked "HYBRID" in capital letters at least 6 millimetres high.'. r. 14 -- 9 of 20 -- S.R. No. 26/2010 Road Safety (Vehicles) Amendment Regulations 2010 8 16 Offence (1) For regulation 50(1) of the Principal Regulations substitute— "(1) A driver of a vehicle must not use a vehicle on a highway without bearing number plates— (a) issued by the Corporation; (b) displaying a registration number properly assigned to the vehicle; and (c) affixed and displayed in accordance with this Part— unless exempt under these Regulations or under any other law. Penalty: 2 penalty units.". (2) For regulation 50(2) of the Principal Regulations substitute— "(2) The registered operator of a vehicle must ensure that a vehicle is not used on a highway without bearing number plates— (a) issued by the Corporation; (b) displaying a registration number properly assigned to the vehicle; and (c) affixed and displayed in accordance with this Part— unless exempt under these Regulations or under any other law. Penalty: 2 penalty units.". r. 16 -- 10 of 20 -- S.R. No. 26/2010 Road Safety (Vehicles) Amendment Regulations 2010 9 17 Corporation to issue registration label (1) For regulation 51(3) of the Principal Regulations substitute— "(3) The registration label must include the registration number of the vehicle.". (2) For regulation 51(4) of the Principal Regulations substitute— '(4) The registration label may include— (a) the expiry date of the vehicle's registration; (b) the applicable vehicle fee code; (c) in the case of a motor vehicle— (i) its make; and (ii) its model or body type, whichever is the more descriptive; and (iii) its vehicle identifier or, if there is no vehicle identifier, the engine number; (d) in the case of a heavy vehicle, the vehicle's GVM and GCM; (e) in the case of a heavy vehicle to which regulation 43(1)(a)(ii) applies, the starting date of the nominated period; (f) in the case of a vehicle that is conditionally registered, the conditions to which the registration of the vehicle is subject, in coded form; (g) in the case of a learner approved motor cycle within the meaning of the Road Safety (Drivers) Regulations 2009, the code "LAM".'. r. 17 -- 11 of 20 -- S.R. No. 26/2010 Road Safety (Vehicles) Amendment Regulations 2010 10 18 Offence not to affix registration label (1) In regulation 55(1) of the Principal Regulations, after "this Division" insert "unless exempt under these Regulations or under any other law". (2) In regulation 55(2) of the Principal Regulations, after "this Division" insert "unless exempt under these Regulations or under any other law". 19 New regulation 63 substituted For regulation 63 of the Principal Regulations substitute— "63 Non-standard number plates (1) A person may apply to the Corporation for the issue of non-standard number plates. (2) An owner of registration number rights in respect of a registration number may apply to the Corporation for the issue of non-standard number plates bearing that registration number. (3) An applicant under subregulation (1) or (2) must pay the fee fixed or determined under section 5AE of the Act.". 20 Slimline number plates (1) In regulation 64(3) of the Principal Regulations, for "subregulation (1)" substitute "subregulation (2)". (2) After regulation 64(3) of the Principal Regulations insert— "(4) The issue of slimline number plates to an applicant under subregulation (2) does not, in itself, confer on that applicant registration number rights in the registration number displayed on the slimline number plates.". r. 18 -- 12 of 20 -- S.R. No. 26/2010 Road Safety (Vehicles) Amendment Regulations 2010 11 21 Obligation to disclose information to purchaser of written-off vehicle At the end of regulation 90 of the Principal Regulations insert— "(2) A motor car trader is taken to have complied with this regulation if he or she includes the information required by this regulation in a notice attached to the relevant motor car in accordance with section 52 of the Motor Car Traders Act 1986.". 22 Application of certain fees (1) In regulation 107(a) of the Principal Regulations— (a) for "1 to 5, 7, 8, 9" substitute "1 to 9"; and (b) for "23" substitute "24". (2) In regulation 107(e) of the Principal Regulations, for "63(2)" substitute "63(3)". 23 Grounds for suspension In regulation 114 of the Principal Regulations— (a) in paragraph (r), for "complied with." substitute "complied with; or"; and (b) after paragraph (r) insert— "(s) the vehicle does not comply with a condition of its registration.". 24 Variation, revocation or expiry of permit In regulation 137 of the Principal Regulations, for "shortterm" (wherever occurring) substitute "short term". r. 21 -- 13 of 20 -- S.R. No. 26/2010 Road Safety (Vehicles) Amendment Regulations 2010 12 25 Application for club permit In regulation 153(2)(e)(iii) of the Principal Regulations, for "club" substitute "classic or". 26 Mass limits for tyres, wheels and axles (1) After regulation 159(6)(a) of the Principal Regulations insert— "(ab) for a low floor bus, 16 tonnes; and". (2) In regulation 159(6)(b) of the Principal Regulations— (a) after "complying bus and a trailer," insert "or a low floor bus and a trailer,"; and (b) after "paragraph (a)" insert "or (ab)". (3) In Table 1 of regulation 159 of the Principal Regulations, after item 7 insert— "7A rear axle on a low floor bus 11·0 tonnes". 27 Class 1 vehicles In regulation 177(1) of the Principal Regulations— (a) in paragraph (d) for "container." substitute "container;"; and (b) after paragraph (d) insert— "(e) an agricultural trailer.". 28 Class 3 vehicles In regulation 193(1) of the Principal Regulations— (a) in paragraph (f) for "vehicle." substitute "vehicle; or"; and r. 25 -- 14 of 20 -- S.R. No. 26/2010 Road Safety (Vehicles) Amendment Regulations 2010 13 (b) after paragraph (f) insert— "(g) a semi-trailer that is designed and built for the control of temperature through the use of refrigeration equipment; or (h) a 3 axle rearloader waste vehicle fitted with a bin lifting mechanism.". 29 Use of vehicles not complying with standards For regulation 258(1) of the Principal Regulations substitute— "(1) A person must not use, or cause or permit to be used, on a highway a vehicle (whether or not registered) that does not comply with the standard for registration in clause 155 of Schedule 2 to these Regulations that applies to the vehicle, or would apply to the vehicle if the vehicle were registered. Penalty: 20 penalty units. Note Clause 155 of Schedule 2 to these Regulations provides for certain heavy vehicles to have a restricted maximum speed.". 30 Schedule 5—Miscellaneous fees In Schedule 5 to the Principal Regulations— (a) for item 24 substitute— "24 Certification that vehicle has been fitted with a compliant system of electronic stability control 34(3)(b)(iii) $5.80 for each motor vehicle certified" ; and (b) item 25 is revoked. r. 29 -- 15 of 20 -- S.R. No. 26/2010 Road Safety (Vehicles) Amendment Regulations 2010 14 31 Schedule 7—Dimension limits (class 1 vehicles) After clause 5(1) of Schedule 7 to the Principal Regulations insert— "(1A) If a dimension limit is not specified in Table 3 in relation to a class 1 vehicle, the relevant dimension limit is the limit specified for that vehicle in Chapter 4 of these Regulations.". 32 Schedule 7—Material for warning signs on class 1 vehicles In clause 15 of Schedule 7 to the Principal Regulations, for subclause (2) substitute— "(2) Despite subclause (1), the sign on the front or rear of a class 1 vehicle may be made of flexible material if— (a) the load is unsuitable for a stiff sign; and (b) the warning sign is held taut, is clearly visible, and is attached securely." 33 Schedule 7—Mass limits (agricultural vehicles) (1) In clause 39 of Schedule 7 to the Principal Regulations, after "agricultural vehicle" insert "(except an agricultural trailer)". (2) At the end of clause 39 of Schedule 7 to the Principal Regulations insert— "(2) For an agricultural trailer, the mass limit is the relevant limit set out in Part 4.1 of Chapter 4 of these Regulations.". 34 Schedule 7—Maximum height (agricultural vehicles) (1) In clause 40 of Schedule 7 to the Principal Regulations, after "agricultural vehicle" insert "(except an agricultural trailer)". r. 31 -- 16 of 20 -- S.R. No. 26/2010 Road Safety (Vehicles) Amendment Regulations 2010 15 (2) At the end of clause 40 of Schedule 7 to the Principal Regulations insert— "(2) For an agricultural trailer, the maximum height is the relevant height limit set out in Part 4.2 of Chapter 4 of these Regulations.". 35 Schedule 7—Rear overhang limits (agricultural vehicles) (1) In clause 41(1) of Schedule 7 to the Principal Regulations," after "not" insert "an agricultural trailer,". (2) After clause 41(1) of Schedule 7 to the Principal Regulations insert— "(1A) The maximum rear overhang for an agricultural vehicle that is an agricultural trailer is the relevant maximum rear overhang set out in Part 4.2 of Chapter 4 of these Regulations.". 36 Schedule 7—Maximum length (agricultural vehicles) (1) In clause 42(3) of Schedule 7 to the Principal Regulations, after "combination" insert "that does not include an agricultural trailer". (2) At the end of clause 42 of Schedule 7 to the Principal Regulations insert— "(4) The maximum length for an agricultural combination that includes an agricultural trailer is the maximum length for a combination set out in Part 4.2 of Chapter 4 of these Regulations.". 37 Schedule 7—Maximum width (agricultural vehicles) In clause 43(2) of Schedule 7 to the Principal Regulations, after "agricultural vehicle" (where first occurring) insert "(other than an agricultural trailer)". r. 35 -- 17 of 20 -- S.R. No. 26/2010 Road Safety (Vehicles) Amendment Regulations 2010 16 38 New Parts 5A and 5B of Schedule 9 inserted After clause 36 of Schedule 9 to the Principal Regulations insert— "PART 5A—REFRIGERATION TRAILERS 36A Dimension limits for refrigeration trailers Subject to this Part, the dimension limits for a semi-trailer designed and built for the control of temperature through the use of refrigeration equipment are the relevant limits for that vehicle set out in Part 4.2 of Chapter 4 of these Regulations. 36B Length limit for refrigeration trailers The maximum length of a semi-trailer designed and built for the control of temperature through the use of refrigeration equipment is 14·9 metres, provided that— (a) the distance between the point of articulation at the front and the rear overhang line for the trailer is between 9·5 metres and 9·9 metres; and (b) the trailer is used in a single semi- trailer combination. 36C Mass limits for refrigeration trailers The mass limits for a semi-trailer designed and built for the control of temperature through the use of refrigeration equipment are the relevant limits for that vehicle set out in Part 4.1 of Chapter 4 of these Regulations. r. 38 -- 18 of 20 -- S.R. No. 26/2010 Road Safety (Vehicles) Amendment Regulations 2010 17 PART 5B—REARLOADER WASTE VEHICLES 36D Dimension limits for rearloader waste vehicles Subject to this Part, the dimension limits for a 3 axle rearloader waste vehicle fitted with a bin lifting mechanism and a tandem axle group with 8 tyres are the relevant limits for that vehicle set out in Part 4.2 of Chapter 4 of these Regulations. 36E Rear overhang The maximum rear overhang for a 3 axle rearloader waste vehicle fitted with a bin lifting mechanism and a tandem axle group with 8 tyres is the lesser of— (a) 70% of the vehicle's wheelbase; and (b) 3·4 metres. 36F Mass limits for rearloader waste vehicles The mass limits for a 3 axle rearloader waste vehicle fitted with a bin lifting mechanism and a tandem axle group with 8 tyres are the relevant limits for that vehicle set out in Part 4.1 of Chapter 4 of these Regulations.". ═══════════════ r. 38 -- 19 of 20 -- S.R. No. 26/2010 Road Safety (Vehicles) Amendment Regulations 2010 18 ENDNOTES 1 Reg. 3: S.R. No. 118/2009. —— Table of Applied, Adopted or Incorporated Matter Required by the Subordinate Legislation Regulations 2004 Note that the following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004. Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 4 which amends the definition of complying bus in regulation 5 of the Road Safety (Vehicles) Regulations 2009 Third edition ADR 44 Third edition ADR 59 Third edition ADR 68 The whole The whole The whole Regulation 10 which amends regulation 34 of the Road Safety (Vehicles) Regulations 2009 Third edition ADR 31/02 Third edition ADR 35/03 The whole The whole Endnotes -- 20 of 20 --