Road Safety (Vehicles) (Speeding Vehicles) Regulations 1998

i Road Safety (Vehicles) (Speeding Vehicles) Regulations 1998 S.R. No. 65/1998 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Regulations 1 5. New regulation 404C inserted 2 404C. Suspension of registration of speeding heavy vehicles 2 6. Minor amendments 5 ═══════════════ NOTES 6 -- 1 of 7 -- 1 STATUTORY RULES 1998 S.R. No. 65/1998 Road Safety Act 1986 Road Safety (Vehicles) (Speeding Vehicles) Regulations 1998 The Governor in Council makes the following Regulations: Dated: 23 June 1998 Responsible Minister: GEOFF CRAIGE Minister for Roads and Ports SHARNE BRYAN Clerk of the Executive Council 1. Objectives The objectives of these Regulations are to provide for the mandatory suspension of the registration of speeding heavy vehicles as part of an agreed national uniform scheme. 2. Authorising provisions These Regulations are made under section 95 of the Road Safety Act 1986. 3. Commencement These Regulations come into operation on 29 June 1998. 4. Principal Regulations In these Regulations, the Road Safety (Vehicles) Regulations 1988 1 are called the Principal Regulations. -- 2 of 7 -- S.R. No. 65/1998 Road Safety (Vehicles) (Speeding Vehicles) Regulations 1998 2 5. New regulation 404C inserted After Regulation 404B of the Principal Regulations insert— '404C. Suspension of registration of speeding heavy vehicles (1) This regulation applies to— (a) a rigid truck with a gross vehicle mass that exceeds 12 tonnes; (b) a prime mover with a gross vehicle mass that exceeds 12 tonnes; (c) a bus with a gross vehicle mass that exceeds 5 tonnes. (2) The Corporation must suspend the registration of a vehicle to which this regulation applies if it is satisfied that, during any period not exceeding 3 years that commenced on or after 29 June 1998, the same person was the registered owner of the vehicle for the whole of the period and— (a) at the commencement of the period the vehicle was speed limited or required to be speed limited and within the period was detected exceeding 115 kilometres an hour on 3 or more occasions; or (b) at the commencement of the period the vehicle was not required to be speed limited and within the period was detected exceeding 115 kilometres an hour on 4 or more occasions. (3) On receiving notification from a member of the police force or an authorised officer that a vehicle to which this regulation applies has exceeded 115 kilometres an hour and on r. 5 -- 3 of 7 -- S.R. No. 65/1998 Road Safety (Vehicles) (Speeding Vehicles) Regulations 1998 3 being satisfied as to the accuracy of the information, the Corporation must— (a) enter in the register in relation to the vehicle the date on which and the place at which the vehicle was alleged to have exceeded 115 kilometres an hour; and (b) serve on the registered owner of the vehicle a notice that— (i) informs the registered owner of the entry made in the register; and (ii) gives the registered owner the opportunity to make representations to the Corporation about the accuracy of the entry within 14 days after the service of the notice; and (iii) if the Corporation would be required by sub-regulation (2) to suspend the registration of the vehicle as a result of the entry if satisfied as to its accuracy, informs the registered owner that the registration will be suspended unless the registered owner satisfies the Corporation that the entry is inaccurate. (4) If after considering any representations made by the registered owner in response to a notice under sub-regulation (3) the Corporation is satisfied— (a) that the entry made under sub- regulation (3)(a) is accurate; and r. 5 -- 4 of 7 -- S.R. No. 65/1998 Road Safety (Vehicles) (Speeding Vehicles) Regulations 1998 4 (b) that it is required by sub-regulation (2) to suspend the registration of the vehicle— the Corporation must, by written notice to the registered owner, suspend the vehicle's registration. (5) A suspension under this regulation lasts for— (a) 28 days; or (b) if within the preceding 3 years the vehicle's registration has already been suspended for 28 days under this regulation—3 months. (6) If after considering any representations made by the registered owner in response to a notice under sub-regulation (3) the Corporation is satisfied that the entry made under sub-regulation (3)(a) is inaccurate, the Corporation must expunge the entry from the register. (7) A notice under sub-regulation (4) must— (a) include details sufficient to identify the vehicle; and (b) specify the reason for the suspension and the date on which the suspension takes effect; and (c) inform the registered owner of the vehicle of the owner's right under section 12(1) of the Act to appeal against the suspension to the Magistrates' Court. (8) While the registration of a motor vehicle is suspended under this regulation— r. 5 -- 5 of 7 -- S.R. No. 65/1998 Road Safety (Vehicles) (Speeding Vehicles) Regulations 1998 5 (a) the vehicle is unregistered for the purposes of Part 2 of the Act; and (b) the vehicle cannot be re-registered or registered in the name of a new owner; and (c) the Corporation must not transfer the registration to another person. (9) Suspension under this regulation does not alter the expiry date of the registration of the motor vehicle. (10) In this regulation— "speed limited", in relation to a vehicle, means having its powered speed capability limited by means of a device approved by the Corporation to a speed of not more than 105 kilometres an hour.'. 6. Minor amendments (1) Regulations 406(1)(c) and 406(2) of the Principal Regulations are revoked. (2) For the penalty at the foot of regulation 822(1) of the Principal Regulations substitute— "Penalty: (a) if the vehicle has a gross vehicle mass that exceeds 14·5 tonnes, 10 penalty units; and (b) if the vehicle has a gross vehicle mass that does not exceed 14·5 tonnes, 5 penalty units.". ═══════════════ r. 6 -- 6 of 7 -- S.R. No. 65/1998 Road Safety (Vehicles) (Speeding Vehicles) Regulations 1998 6 NOTES 1 Reg. 4: S.R. No. 29/1988. Reprinted to S.R. No. 16/1997 and subsequently amended by S.R. Nos 171/1997 and 34/1998. Notes -- 7 of 7 --