ROAD TRANSPORT (MASS, DIMENSIONS AND LOADING) ACT 2009 (NO. 22 OF 2009)

Australian Capital Territory Numbered Acts

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ROAD TRANSPORT (MASS, DIMENSIONS AND LOADING) ACT 2009 (NO. 22 OF 2009) - NOTES

Dictionary

(see s 3)

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:

• chief police officer

• contravene

• corporation

• Corporations Act

• document

• entity

• exercise

• fail

• function

• infringement notice

• night

• police officer

• road transport authority

• territory law

• the Territory

• under

• working day.

"another jurisdiction" means a jurisdiction other than the ACT.

"approved road transport compliance scheme "means a scheme, agreement or arrangement that—

(a) is prescribed by regulation; and

(b) makes provision for compliance with, and enforcement of, an Australian heavy vehicle road law.

Example

a scheme, agreement or arrangement that provides for—

• a system of accreditation-based compliance; or

• an intelligent transport system; or

• a system applying alternative legal entitlements to the entitlements otherwise applicable, such as one based on performance based standards.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

"associate", of another person, for part 2.4 (Additional sanctions for heavy vehicle offences)—see section 191.

"at" premises includes in or on the premises.

"Australian driver licence"—see the Road Transport (Driver Licensing) Act 1999, dictionary.

"Australian heavy vehicle road law" means—

(a) a heavy vehicle road law; or

(b) a corresponding heavy vehicle road law.

"Australian heavy vehicle road law offence "means an offence against an Australian heavy vehicle road law.

"Australian police officer" means—

(a) a police officer; or

(b) a member (however described) of the police force or police service of another jurisdiction.

"authorised"—

(a) to drive a vehicle or combination, for part 3.1 (Investigation powers)—see section 303 (1); and

(b) to run the engine of a vehicle or combination for part 3.1 (Investigation powers)—see section 303 (2).

"authorised person", for a provision of this Act, means—

(a) a person who is appointed as an authorised person under the Road Transport (General) Act 1999, section 19 for the provision; or

(b) a person who is prescribed by regulation as an authorised person for the provision.

Note A references to an authorised person includes a reference to the road transport authority (see s 23).

"authorised police officer", for division 2.4.2 (Improvement notices)—see section 193.

"authority"—see road transport authority.

"base", of a driver of a vehicle or combination—see section 10.

"broken-down", for a motor vehicle, trailer or combination, for part 3.1 (Investigation powers)—see section 306.

"capabilities", of a vehicle—

(a) means the functional capabilities of the vehicle or any of the vehicle's components, as decided by—

(i) the vehicle's manufacturer; or

(ii) the road transport authority; or

(iii) a corresponding road transport authority; and

(b) includes the vehicle's—

(i) GCM and GVM; and

(ii) speed capabilities.

"combination" means a group consisting of a motor vehicle connected to 1 or more other vehicles.

"commercial benefits penalty order"—see section 202.

"compliance purposes", in relation to a power to give a direction to a person, for part 3.1 (Investigation powers)—see section 307.

"complying container weight declaration", for division 2.2.6 (Container weight declarations)—see section 169.

"condition"—

(a) includes a restriction; and

(b) of a mass, dimension or load restraint concession, for division 2.2.9 (Concessions)—see section 182.

"conduct "means an act, an omission to perform an act or a state of affairs.

"connected", with an offence, for part 3.2 (Enforcement powers)—see section 332.

"consignee", of goods—see section 14.

"consignor", of goods—see section 13.

"container weight declaration", for a freight container—see section 168.

"contractor", for division 2.5.3 (Victimisation of people for reporting breaches and assisting with investigations)—see section 216.

"corresponding heavy vehicle road law" means a law of another jurisdiction that is—

(a) corresponding, or substantially corresponding, to a heavy vehicle road law; or

(b) declared by regulation to be a corresponding heavy vehicle road law.

"corresponding law" means—

(a) a law of another jurisdiction corresponding, or substantially corresponding, to this Act; or

(b) a law of another jurisdiction that is prescribed by regulation to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this Act.

"corresponding road transport authority" means—

(a) if a person is prescribed by regulation as the corresponding road transport authority for another jurisdiction for this Act—the person prescribed; or

(b) the road transport authority as defined in a corresponding heavy vehicle road law.

"deficiency in a vehicle or combination", for division 2.3.2 (Other exceptions to offences)—see section 187.

"depot "includes a base of operations.

"dimension requirement", for chapter 2 (Mass, dimensions and loading requirements for vehicles)—see section 102.

"divulge", for part 5.1 (Secrecy and information sharing)—see section 500.

"drive", for a vehicle or combination, includes be in control of the vehicle or combination.

"driver—"

(a) of a vehicle or combination—see section 9; and

(b) of a disconnected trailer, for part 3.1 (Investigation powers)—see section 305.

"driver licence"—see the Road Transport (Driver Licensing) Act 1999, dictionary.

"due date", for an improvement notice, for division 2.4.2 (Improvement notices)—see section 194.

"employee"—

(a) means an individual who works under a contract of employment, apprenticeship or training; and

(b) for division 2.5.3 (Victimisation of people for reporting breaches and assisting with investigations)—see section 216.

"employer "means a person who employs people under—

(a) contracts of employment, apprenticeship or training; or

(b) contracts for services.

"engage" in conduct means—

(a) do an act; or

(b) fail to do an act.

"equipment", in relation to a vehicle or combination, includes tools, devices and accessories in the vehicle or combination.

"extract", from a record, device or other thing, means a copy of any information contained in the record, device or other thing.

"fit", to drive a vehicle or combination, or run its engine, for part 3.1 (Investigation powers)—see section 302.

"formal warning", for chapter 2 (Mass, dimensions and loading requirements for vehicles)—see section 200.

"freight container"—see section 15.

"garage address", of a vehicle, means—

(a) if the vehicle is normally kept at a depot when not in use—the main depot of the vehicle; or

(b) if the vehicle is not normally kept at a depot when not in use—

(i) if the vehicle has only 1 registered operator—the home address of the registered operator; or

(ii) if the vehicle has more than 1 registered operator—each of the home addresses of the registered operators.

"GCM" (or gross combination mass), of a vehicle, means the greatest possible sum of the maximum loaded mass of the vehicle and of any vehicles that may be towed by it at the one time—

(a) specified by the manufacturer on an identification plate on the motor vehicle; or

(b) as specified by the road transport authority if—

(i) there is no specification by the manufacturer on an identification plate on the motor vehicle; or

(ii) the specification is not appropriate because the motor vehicle has been modified.

"goods"—

(a) includes—

(i) animals (whether alive or dead); and

(ii) a container (whether empty or not); but

(b) does not include—

(i) people; or

(ii) for a vehicle or combination—fuel, water, lubricants and equipment required for the normal operation of the vehicle or combination.

"GVM" (or gross vehicle mass), of a vehicle, means the maximum loaded mass of the vehicle—

(a) specified by the manufacturer on an identification plate on the vehicle; or

(b) if there is no specification by the manufacturer on an identification plate on the vehicle—certified by the road transport authority; or

(c) if the manufacturer's specification is not appropriate because the motor vehicle has been modified—certified by the road transport authority.

"heavy combination"—see section 8.

"heavy vehicle"—see section 7.

"heavy vehicle road law" means the following—

(a) this Act;

(b) any other provision of the road transport legislation prescribed by regulation.

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

"heavy vehicle road law offence" means an offence against a heavy vehicle road law.

"home address", of a person, means—

(a) for an individual—the address of the place where the person usually lives; or

(b) for a corporation that has a registered office in Australia—the address of the registered office; or

"imminent", loss or shifting of a load, for part 2.2 (Mass, dimension and loading requirements for heavy vehicles and heavy combinations)—see section 105.

"improvement notice", for division 2.4.2 (Improvement notices)—see section 194.

"in", a vehicle or combination, includes on the vehicle or combination.

"intelligent transport system "means a system involving the use of electronic or other technology (whether located in a vehicle or combination, or on or near a road, or elsewhere) that has the capacity and capability to monitor, collect, store, display, analyse, transmit or report information relating to—

(a) the following:

(i) a vehicle or combination or its equipment or load;

(ii) the driver of a vehicle or combination;

(iii) the operator of a fleet of vehicles or combinations;

(iv) someone else involved in road transport; and

(b) without limiting paragraph (a), the operation of a vehicle or combination in relation to its legal entitlements.

"journey documentation"—see section 19.

"jurisdiction" means a State, the Commonwealth or an internal Territory, including the ACT.

"learner licence"—see the Road Transport (Driver Licensing) Act 1999, dictionary.

"legal entitlements", of a vehicle or combination (or component of a vehicle or combination)—

(a) means the particulars of the entitlements under an Australian heavy vehicle road law that authorise the vehicle or combination (or component) to be operated on a road or road related area; and

(b) includes entitlements arising under or as affected by—

(i) a permit, authorisation, approval, exemption, notice or anything else given or issued in writing under the law; and

(ii) restrictions, or the application of restrictions, under an Australian heavy vehicle road law or other laws; and

Example

1 sign-posted mass limits for bridges

2 hazardous weather condition permits

3 special road protection limits

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(iii) an approved road transport compliance scheme.

"load", of a vehicle or combination, or in a vehicle or combination—

(a) means—

(i) all the goods, passengers and drivers in the vehicle or combination; and

(ii) all fuel, water, lubricants and readily removable equipment carried in the vehicle or combination and required for the vehicle's or combination's normal operation; and

(iii) personal items used by a driver of the vehicle or combination; and

(iv) anything that is normally removed from the vehicle or combination when not in use; and

(b) includes a part of a load.

"loader", of goods—see section 17.

"loading requirement", for chapter 2 (Mass, dimensions and loading requirements for vehicles)—see section 103.

"lower limit", for a breach of a mass, dimension or loading requirement, for chapter 2 (Mass, dimensions and loading requirements for vehicles)—see section 100.

"mass, dimension or loading concession", for division 2.2.9 (Concessions)—see section 181.

"mass, dimension or loading requirement" means any of the following:

(a) a mass requirement;

(b) a dimension requirement;

Note A regulation may impose mass, dimension or loading requirements about the use of roads or road related areas by vehicles (see s 509).

"mass requirement", for chapter 2 (Mass, dimensions and loading requirements for vehicles)—see section 101.

"minor risk breach", of a mass, dimension or loading requirement, for chapter 2 (Mass, dimensions and loading requirements for vehicles)—see section 109.

"motor vehicle" means a vehicle built to be propelled by a motor that forms part of the vehicle.

"occupier", of premises, a vehicle or combination, for part 3.2 (Enforcement powers)—see section 332.

"offence", for part 3.2 (Enforcement powers)—see section 332.

"operator", of a vehicle or combination—see section 11.

"owner"—

(a) for a vehicle (including a vehicle in a combination), means a person who—

(i) is the sole owner, a joint owner or a part owner of the vehicle; or

(ii) has possession or use of the vehicle under a credit, hire-purchase, lease or other agreement, other than an agreement requiring the vehicle to be registered in the name of someone else; or

(b) for a combination, means a person who—

(i) is the sole owner, a joint owner or a part owner of the towing vehicle in the combination; or

(ii) has possession or use of the towing vehicle in the combination under a credit, hire-purchase, lease or other agreement, other than an agreement requiring the vehicle to be registered in the name of someone else.

"package", of goods—see section 16.

"packer", of goods for transport by road—see section 16.

"particular RTA instructions", for division 2.2.3 (Enforcement powers)—see section 123.

"passenger", for a vehicle or combination, does not include a driver of the vehicle or combination or anyone necessary for the normal operation of the vehicle or combination.

"police officer"—see section 23.

"premises "includes any structure, building, vessel or place (whether built on or not), and any part of the structure, building, vessel or place.

"prohibition order", for chapter 2 (Mass, dimensions and loading requirements for vehicles)—see section 210.

"protected information", for part 5.1 (Secrecy and information sharing)—see section 500.

"public agency", for division 2.5.3 (Victimisation of people for reporting breaches and assisting with investigations)—see section 216.

"public authority" means—

(a) an Australian government in any capacity; or

(b) a body established under a law, or the holder of an office established under a law, for a public purpose, including a local government authority; or

"public place "means a place which is open to members of the public (with or without payment) but does not include—

(a) a track that, at the relevant time, is being used as a course for racing or testing motor vehicles and from which other traffic is excluded during the use; or

(b) a road or road related area; or

"public safety "means the safety of people or property, including the safety of—

(a) the drivers of and passengers in vehicles and combinations; and

(b) people in or near (or likely to be in or near) roads, road related areas, road infrastructure and public places; and

"qualified", to drive a vehicle or combination or run its engine, for part 3.1 (Investigation powers)—see section 301.

"reasonable steps exception" means—

(a) for an offence—the exception mentioned in section 185; and

(b) for the operator or driver of a heavy vehicle or heavy combination for an offence involving a breach of a mass requirement—the exception mentioned in section 186.

"reciprocal powers agreement"—see section 20.

"records "means any documents, documentation or records, whether in paper, electronic or any other form.

"registered operator" means—

(a) for a vehicle (including a vehicle in a combination)—

(i) for a vehicle registered under the Road Transport (Vehicle Registration) Act 1999—a person recorded in the registrable vehicles register kept under that act as a registered operator of the vehicle; or

(ii) for a vehicle registered under the law of another jurisdiction—a person recorded in the register of the other jurisdiction corresponding to the registrable vehicles register as a registered operator (however described) of the vehicle; or

(b) for a combination—

(i) if the towing vehicle is registered under the Road Transport (Vehicle Registration) Act 1999—a person recorded in the registrable vehicles register kept under that act as a registered operator of the towing vehicle; or

(ii) if the towing vehicle is registered under the law of another jurisdiction—a person recorded in the register of the other jurisdiction corresponding to the registrable vehicles register as a registered operator (however described) of the towing vehicle.

"registration", of a heavy vehicle, means registration of the vehicle under an Australian heavy vehicle road law.

"responsible entity", for a freight container—see section 167.

"responsible person", for a heavy vehicle or heavy combination—see section 12.

"road"—

(a) means an area that is open to or used by the public and is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; but

(b) does not include an area that would otherwise be a road as far as a declaration under the Road Transport (General) Act 1999, section 12 (Power to include or exclude areas in road transport legislation) declares that this Act does not apply to the area.

"road infrastructure"—

(a) includes—

(i) a road, or road related area, including its surface or pavement; and

(ii) anything under or supporting a road, or road related area, or its surface or pavement and maintained by the territory; and

(iii) any bridge, tunnel, causeway, road-ferry, ford or other work or structure forming part of a road system, or road related area system, or supporting a road or road related area; and

(iv) any bridge or other work or structure located above, in or on a road or road related area and maintained by the territory; and

(v) any traffic control devices, railway or tramway equipment, electricity equipment, emergency telephone systems or any other facilities (whether of the same or a different kind) in, on, over, under or connected with anything mentioned in subparagraphs (i) to (iv); and

(vi) anything else prescribed by regulation as road infrastructure; but

(b) does not include anything prescribed by regulation as not road infrastructure.

"road related area"—

(a) means—

(i) an area that divides a road; or

(ii) a footpath or nature strip adjacent to a road; or

(iii) an area that is open to the public and is designated for use by cyclists or animals; or

(iv) an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles; or

(v) a shoulder of a road; and

(b) includes any other area that is open to or used by the public as far as a declaration under the Road Transport (General) Act 1999, section 12 (Power to include or exclude areas in road transport legislation) declares that this Act applies to the area; and

(c) does not include an area that would otherwise be a road related area as far as a declaration under the Road Transport (General) Act 1999, section 12, declares that this Act does not apply to the area.

"roads compensation order"—see section 404.

"road transport "means the transport of goods or passengers by road by means of a vehicle or combination.

"road transport legislation"—see the Road Transport (General) Act 1999, section 6.

"run", the engine of a vehicle or combination, includes to start or stop the engine.

"severe risk breach", of a mass, dimension or loading requirement, for chapter 2 (Mass, dimensions and loading requirements for vehicles)—see section 111.

"specifications", of a vehicle, means the physical dimensions and other physical attributes of the vehicle and its fittings.

"substantial risk breach", of a mass, dimension or loading requirement, for chapter 2 (Mass, dimensions and loading requirements for vehicles)—see section 110.

"suitable location", for a police officer or authorised person giving a direction, for division 2.2.3 (Enforcement powers)—see section 123.

"supervisory intervention order", for chapter 2 (Mass, dimensions and loading requirements for vehicles)—see section 206.

"traffic" includes vehicle traffic, pedestrian traffic, and all other forms of road traffic.

"trailer"—

(a) means a vehicle that, whether or not its movement is aided by another power source—

(i) is built to be towed, or is towed, by another vehicle; and

(ii) is not capable of being propelled in the course of normal use on a road without being towed by another vehicle; but

(b) does not include—

(i) a motor vehicle being towed; or

(ii) anything excluded by regulation.

"transport by road"—see road transport.

"transport documentation"—see section 18.

"unattended", for a vehicle or combination, for part 3.1 (Investigation powers)—see section 304.

"use", a vehicle, includes drive, park or stop the vehicle on a road or road related area.

"vehicle "means—

(a) a vehicle on wheels, other than a vehicle used on railways or tramways; or

(b) any other vehicle prescribed by regulation; or

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 7 May 2009.

2 Notification

Notified under the Legislation Act on 3 September 2009.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Road Transport (Mass, Dimensions and Loading) Bill 2009, which was passed by the Legislative Assembly on 20 August 2009.

Clerk of the Legislative Assembly

Australian Capital Territory

Road Transport (Mass, Dimensions and Loading) Act 2009

A2009-22

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