Road Safety (Vehicles) (Hazardous Areas) Regulations 1996

i Road Safety (Vehicles) (Hazardous Areas) Regulations 1996 S.R. No. 90/1996 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provision 1 3. Commencement 1 4. Principal Regulations 2 5. Insertion of definitions 2 6. Insertion of new Part 10A 2 PART 10A—HAZARDOUS AREAS 2 1050. Declaration of hazardous area 2 1051. Driving in hazardous areas 3 1052. Requirements for vehicles in hazardous areas 4 7. Delayed amendment of regulation 1051 5 8. Transitional 5 ═══════════════ NOTES 6 -- 1 of 7 -- 1 STATUTORY RULES 1996 S.R. No. 90/1996 Road Safety Act 1986 Road Safety (Vehicles) (Hazardous Areas) Regulations 1996 The Governor in Council makes the following Regulations: Dated: 27 August 1996 Responsible Minister: GEOFF CRAIGE Minister for Roads and Ports N. C. WHITE Acting Clerk of the Executive Council 1. Objectives The objectives of these Regulations are— (a) to provide for the declaration of hazardous areas; and (b) to regulate the use of certain vehicles in hazardous areas. 2. Authorising provision These Regulations are made under section 95 of the Road Safety Act 1986. 3. Commencement (1) These Regulations (except regulation 7) come into operation on the day on which they are made. (2) Regulation 7 comes into operation on 1 June 1997. -- 2 of 7 -- S.R. No. 90/1996 Road Safety (Vehicles) (Hazardous Areas) Regulations 1996 2 4. Principal Regulations In these Regulations, the Road Safety (Vehicles) Regulations 1988 1 are called the Principal Regulations. 5. Insertion of definitions In regulation 105(1) of the Principal Regulations, insert the following definitions— '"commercial passenger vehicle" has the same meaning as in section 86 of the Transport Act 1983; "hazardous area" means an area in respect of which a declaration under regulation 1050 is in force; "private omnibus" has the same meaning as in section 86 of the Transport Act 1983;'. 6. Insertion of new Part 10A After Part 10 of the Principal Regulations insert— 'PART 10A—HAZARDOUS AREAS 1050. Declaration of hazardous area (1) The Corporation may, by notice published in the Government Gazette, declare that any area, which in the opinion of the Corporation contains hazardous driving conditions for vehicles, is a hazardous area for the purposes of these Regulations. (2) In making a declaration the Corporation may specify that an area is only hazardous for a specified period or at certain times of the year. r. 4 -- 3 of 7 -- S.R. No. 90/1996 Road Safety (Vehicles) (Hazardous Areas) Regulations 1996 3 1051. Driving in hazardous areas (1) In this regulation, "vehicle" does not include a vehicle which moves on caterpillar tracks and is designed for use on or over snow. (2) The Corporation, or a person approved by the Corporation, may grant a hazardous area authority to a person to drive a vehicle which— (a) seats more than 12 people (including the driver) and is a commercial passenger vehicle licensed under Division 5 of Part VI of the Transport Act 1983; or (b) is a private omnibus licensed under Division 6 of Part VI of the Transport Act 1983— in a hazardous area for any period up to 6 years. (3) The Corporation may require an applicant for a hazardous area authority to pass any test and hold any qualification specified by the Corporation that relates to the applicant's fitness to drive a vehicle which seats more than 12 people (including the driver) in a hazardous area. (4) A person must not drive a vehicle referred to in sub-regulation (2) in a hazardous area unless the person has been granted a hazardous area authority which is in force. Penalty : 20 penalty units. (5) A person driving a vehicle referred to in sub- regulation (2) in a hazardous area must carry his or her hazardous area authority which is in force. r. 6 -- 4 of 7 -- S.R. No. 90/1996 Road Safety (Vehicles) (Hazardous Areas) Regulations 1996 4 Penalty : 5 penalty units. (6) A person must not— (a) drive or use in a hazardous area; or (b) cause or permit to be driven or used in a hazardous area— a vehicle referred to in sub-regulation (2) which is not in a safe condition. Penalty : 20 penalty units. 1052. Requirements for vehicles in hazardous areas (1) The holder of a commercial passenger vehicle licence or private omnibus licence in respect of a vehicle referred to in regulation 1051(2) or the owner or driver of such a vehicle must not use the vehicle in a hazardous area unless the vehicle has— (a) a full dual braking system; and (b) adequate demisting and saloon heating systems; and (c) a spare wheel, a jack and a wheel brace; and (d) wheel chains of a design approved by the Corporation which are in good condition and which are capable of being attached to the outer drive wheels of the vehicle; and (e) wheel chocks; and (f) a torch or a lead light; and (g) a shovel. Penalty : 20 penalty units. (2) The holder of a commercial passenger vehicle licence or private omnibus licence in r. 6 -- 5 of 7 -- S.R. No. 90/1996 Road Safety (Vehicles) (Hazardous Areas) Regulations 1996 5 respect of a vehicle referred to in regulation 1051(2) or the owner or driver of such a vehicle must not use the vehicle in a hazardous area if the vehicle is towing a trailer and the Corporation has not allowed the vehicle to be used to tow a trailer in a hazardous area. Penalty : 20 penalty units'. 7. Delayed amendment of regulation 1051 In regulation 1051(2) of the Principal Regulations, after paragraph (b) insert— "; or (c) seats more than 30 people (including the driver)—". 8. Transitional A person who held a hazardous area authority under regulation 9 of the Transport (Passenger Vehicles) Regulations 1994 immediately before the commencement of section 26 of the Road Safety (Miscellaneous Amendments) Act 1995 is deemed to be the holder of a hazardous area authority under regulation 1051 of these Regulations for a period expiring on the day on which the first-mentioned authority would have expired had section 26 of the Road Safety (Miscellaneous Amendments) Act 1995 not been enacted. ═══════════════ r. 7 -- 6 of 7 -- S.R. No. 90/1996 Road Safety (Vehicles) (Hazardous Areas) Regulations 1996 6 NOTES 1 S.R. No. 29/1988. Reprinted (No. 3) to S.R. No. 190/1995 and subsequently amended by S.R. No. 63/1996. Notes -- 7 of 7 --