Australian Capital Territory Current Acts

HEAVY VEHICLE NATIONAL LAW (ACT) - SECT 403

In this Chapter—

"approved intelligent transport system" means an intelligent transport system approved by TCA, for the purposes of the Intelligent Access Program, for use by an intelligent access program service provider to monitor the relevant monitoring matters for an intelligent access program vehicle.

"higher mass limits" means the higher mass limits applying under the mass requirements.

"HML authority" means a declaration made, or permit granted, under the national regulations allowing a heavy vehicle to be used on a road under the higher mass limits.

"intelligent access program agreement" means an agreement between the operator of a heavy vehicle and an intelligent access program service provider under which the service provider agrees to monitor, by using an approved intelligent transport system, the relevant monitoring matters for the vehicle.

"intelligent access program audit" means the process of doing 1 or more of the following—

        (a)     reviewing intelligent access program information held by an intelligent access program service provider to assess whether the information is accurate, complete and up to date;

        (b)     reviewing the processes by which intelligent access program information held by an intelligent access program service provider is generated, recorded, stored, displayed, analysed, transmitted and reported;

        (c)     examining how intelligent access program information held by an intelligent access program service provider is used and disclosed by the service provider;

        (d)     examining an approved intelligent transport system.

intelligent access program conditions has the meaning given by section 402.

"intelligent access program information" means information generated, recorded, stored, displayed, analysed, transmitted or reported by an approved intelligent transport system for any purpose relating to the Intelligent Access Program.

Intelligent Access Program has the meaning given in section 401.

"intelligent access program service provider" means a person certified by TCA as a service provider for monitoring, by using an approved intelligent transport system, the relevant monitoring matters for an intelligent access program vehicle.

"intelligent access program vehicle" means a heavy vehicle—

        (a)     for which a mass or dimension exemption is in force with intelligent access program conditions (as referred to in section 402(1)); or

        (b)     for which an HML authority is in force with intelligent access program conditions (as referred to in section 402(2)).

"law enforcement purposes" means the purposes of investigating or prosecuting an offence against an Australian road law.

"malfunction", in relation to an approved intelligent transport system, means the system—

        (a)     ceases to work at all, or works only intermittently; or

        (b)     does not perform one or more functions required under the Intelligent Access Program; or

        (c)     performs a function mentioned in paragraph (b)—

              (i)     only intermittently; or

              (ii)     in a way that the results of it doing so are inaccurate or unreliable, including intermittently inaccurate or unreliable.

"noncompliance report" means a report made by an approved intelligent transport system that reports either or both of the following—

        (a)     a relevant contravention for an intelligent access program vehicle;

        (b)     apparent tampering with, or malfunctioning of, the system.

"personal information" means personal information that is intelligent access program information or otherwise collected for the purposes of this Chapter.

Note —

See also definition personal information in section 5.

"relevant contravention" means—

        (a)     for an intelligent access program vehicle used under a mass or dimension exemption—the vehicle's contravention of conditions mentioned in section 402(1)(a) or (b) applying to the vehicle; or

        (b)     for an intelligent access program vehicle used under the higher mass limits—

              (i)     the vehicle's use under the higher mass limits on a road to which the higher mass limits do not apply; or

              (ii)     the vehicle's contravention of a condition about the use of the vehicle on a road under the higher mass limits.

"relevant monitoring matters" means—

        (a)     for a heavy vehicle used under a mass or dimension exemption—the vehicle's compliance with conditions mentioned in section 402(1)(a) or (b) applying to the vehicle; or

        (b)     for a heavy vehicle used under the higher mass limits—the matters mentioned in section 402(2)(a)(i) or (ii) for the vehicle.

"tamper", with an approved intelligent transport system, means engage in conduct that has the result that—

        (a)     the system is changed; or

        (b)     the system is installed or used in a way that is not in accordance with the conditions of its approval by TCA; or

        (c)     any operating software that the system uses internally is changed.