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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Road Transport
Charges (Australian Capital Territory) Amendment Bill
2000
No. ,
2000
(Transport and Regional
Services)
A Bill for an Act to amend the
Road Transport Charges (Australian Capital Territory) Act 1993, and for
related purposes
ISBN: 0642
429464
Contents
A Bill for an Act to amend the Road Transport Charges
(Australian Capital Territory) Act 1993, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Road Transport Charges (Australian
Capital Territory) Amendment Act 2000.
(1) Subject
to subsection (2), this Act commences on a day to be fixed by
Proclamation.
(2) If this Act does not commence under subsection (1) before 1 January
2001, it commences on that day.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Section 2
Repeal the section, substitute:
Registration charges
(1) The Government of the Australian Capital Territory must determine
charges for the grant of annual registrations of vehicles of a kind mentioned in
Part 2 of the Schedule in accordance with that Part if:
(a) the Road Transport Charges (Australian Capital Territory) Amendment
Act 2000 commenced on or before 1 July 2000 and the registrations are
granted on or after 1 July 2000; or
(b) that Act commenced after 1 July 2000 and the registrations are granted
after that Act commenced.
Permit charges
(2) The Government of the Australian Capital Territory must also determine
charges for the grant of permits in circumstances set out in Part 3 of the
Schedule in accordance with that Part if:
(a) the Road Transport Charges (Australian Capital Territory) Amendment
Act 2000 commenced on or before 1 July 2000 and the permits are granted on
or after 1 July 2000; or
(b) that Act commenced after 1 July 2000 and the permits are granted after
that Act commenced.
2 Part 1 of the Schedule (definition of
axle)
Repeal the definition, substitute:
axle means one or more shafts positioned in a line across a
vehicle, on which one or more wheels intended to support the vehicle
turn.
3 Part 1 of the Schedule (definition of axle
group)
Repeal the definition, substitute:
axle group means a single axle group, tandem axle group,
twinsteer axle group, tri-axle group or quad-axle group.
4 Part 1 of the Schedule (definition of
bus)
Repeal the definition, substitute:
bus means a motor vehicle, built mainly to carry people, that
seats more than 9 adults (including the driver).
5 Part 1 of the Schedule (definition of bus
(type 2))
Repeal the definition, substitute:
bus (type 2) means:
(a) a rigid bus that has 2 axles and an MRC exceeding 12 tonnes;
or
(b) a rigid bus that has 3 axles or 4 axles.
6 Part 1 of the Schedule
Insert:
converter dolly means a trailer, with one axle group or
single axle and a fifth wheel coupling, designed to convert a semi trailer into
a dog trailer.
7 Part 1 of the Schedule (definition of dog
trailer)
Repeal the definition, substitute:
dog trailer means a trailer (including a trailer consisting
of a semi trailer and converter dolly) with:
(a) one axle group or single axle at the front that is steered by
connection to the towing vehicle by a drawbar; and
(b) one axle group or single axle at the rear.
8 Part 1 of the Schedule (definition of
dolly)
Repeal the definition.
9 Part 1 of the Schedule
Insert:
drawbar means a part of a trailer (other than a semi trailer)
that connects the trailer body to a coupling for towing purposes.
10 Part 1 of the Schedule
Insert:
driver means the person driving or in control of a motor
vehicle.
11 Part 1 of the Schedule
Insert:
fifth wheel coupling means a device, other than the upper
rotating element and the kingpin (which are parts of a semi trailer), used with
a prime mover, semi trailer or a converter dolly to permit quick coupling and
uncoupling and to provide for articulation.
12 Part 1 of the Schedule
Insert:
load carrying trailer means a trailer that is carrying a load
or that is built to carry a load.
13 Part 1 of the Schedule
Insert:
long combination prime mover means a prime mover nominated to
haul 2 or more trailers, but does not include a medium combination prime
mover.
14 Part 1 of the Schedule (definition of long
combination prime mover (type 1))
Repeal the definition.
15 Part 1 of the Schedule (definition of long
combination prime mover (type 2))
Repeal the definition.
16 Part 1 of the Schedule
Insert:
low loader means a gooseneck semi trailer with a loading deck
no more than 1 metre above the ground.
17 Part 1 of the Schedule
Insert:
low loader dolly means a mass-distributing device
that:
(a) is usually coupled between a prime mover and low loader; and
(b) consists of a gooseneck rigid frame; and
(c) does not directly carry any load on itself; and
(d) is equipped with one or more axles, a kingpin and a fifth wheel
coupling.
18 Part 1 of the Schedule (definition of
medium combination truck)
Repeal the definition, substitute:
medium combination truck means a truck, other than a short
combination truck, nominated to haul one trailer.
19 Part 1 of the Schedule (definition of pig
trailer)
Repeal the definition, substitute:
pig trailer means a trailer with one axle group or single
axle near the middle of its load-carrying surface, and connected to the towing
vehicle by a drawbar.
20 Part 1 of the Schedule (definition of pole
type trailer)
Repeal the definition, substitute:
pole type trailer means a trailer that:
(a) is attached to a towing vehicle by means of a pole or an attachment
fitted to a pole; and
(b) is ordinarily used for transporting loads, such as logs, pipes,
structural members or other long objects, that are generally capable of
supporting themselves like beams between supports.
21 Part 1 of the Schedule
Insert:
quad-axle group means a group of 4 axles, in which the
horizontal distance between the centre-lines of the outermost axles is more than
3.2 metres but not more than 4.9 metres.
22 Part 1 of the Schedule
Insert:
road means an area that is open to or used by the public and
is developed for, or has as one of its main uses, the driving or riding of motor
vehicles.
23 Part 1 of the Schedule
Insert:
road related area means:
(a) an area that divides a road; or
(b) a footpath or nature strip adjacent to a road; or
(c) an area that is open to the public and is designated for use by
cyclists or animals; or
(d) an area that is not a road and that is open to or used by the public
for driving, riding or parking motor vehicles; or
(e) any shoulder of a road; or
(f) an area that is a road related area for the purposes of the Road
Transport (General) Act 1999 of the Australian Capital Territory.
24 Part 1 of the Schedule (definition of semi
trailer)
Repeal the definition, substitute:
semi trailer means a trailer (including a pole type trailer)
that has:
(a) one axle group or single axle towards the rear; and
(b) a means of attachment to a prime mover that results in some of the
load being imposed on the prime mover.
25 Part 1 of the Schedule (definition of
short combination truck)
Repeal the definition, substitute:
short combination truck means a truck nominated to haul one
trailer where, according to the nomination:
(a) the combination has 6 axles or fewer; and
(b) the maximum total mass that is legally allowable for the combination
is 42.5 tonnes or less.
26 Part 1 of the Schedule
Insert:
single axle means an axle not forming part of an axle
group.
27 Part 1 of the Schedule
Insert:
single axle group means a group of 2 or more axles, in which
the horizontal distance between the centre-lines of the outermost axles is less
than 1 metre.
28 Part 1 of the Schedule (definition of
special purpose vehicle)
Repeal the definition, substitute:
special purpose vehicle means:
(a) a vehicle (other than one that the regulations declare not to be a
special purpose vehicle for the purposes of this definition) where the primary
purpose for which it was built, or permanently modified, was not the carriage of
goods or passengers; or
(b) a vehicle declared by the regulations to be a special purpose vehicle
for the purposes of this definition.
Note: The second last sentence of this Part contains an
interpretation provision affecting this definition.
29 Part 1 of the Schedule (definition of
special purpose vehicle (type 1))
Repeal the definition.
30 Part 1 of the Schedule (definition of
special purpose vehicle (type 2))
Repeal the definition.
31 Part 1 of the Schedule
Insert:
special purpose vehicle (type o) means a
special purpose vehicle (other than a special purpose vehicle (type
p)):
(a) built, or permanently modified, primarily for use on roads;
and
(b) that has at least one axle or axle group loaded in excess of the mass
limits specified in the regulations for the purposes of this
definition.
Note: Some possible examples of this kind of vehicle are
mobile cranes, fire engines, truck-mounted concrete pumps and boring plants.
These may also fall within the definition of special purpose
vehicle (type t) if they have no axle or axle group loaded
in excess of the mass limits specified in the regulations for the purposes of
that definition.
32 Part 1 of the Schedule
Insert:
special purpose vehicle (type p) means a
special purpose vehicle built, or permanently modified, primarily for:
(a) off-road use; or
(b) use on a road related area; or
(c) use on an area of road that is under construction or repair.
Note: Some examples of this kind of vehicle are agricultural
tractors, self-propelled agricultural harvesters, bulldozers, backhoes, graders
and front-end loaders.
33 Part 1 of the Schedule
Insert:
special purpose vehicle (type t) means a
special purpose vehicle (other than a special purpose vehicle (type
p)):
(a) built, or permanently modified, primarily for use on roads;
and
(b) that has no axle or axle group loaded in excess of the mass limits
specified in the regulations for the purposes of this definition.
Note: Some possible examples of this kind of vehicle are
mobile cranes, fire engines, truck-mounted concrete pumps and boring plants.
These may also fall within the definition of special purpose
vehicle (type o) if they have at least one axle or axle
group loaded in excess of the mass limits specified in the regulations for the
purposes of that definition.
34 Part 1 of the Schedule
Insert:
tandem axle group means a group of at least 2 axles, in which
the horizontal distance between the centre-lines of the outermost axles is at
least 1 metre but not more than 2 metres.
35 Part 1 of the Schedule (definition of
trailer)
Repeal the definition, substitute:
trailer means a vehicle that is built to be towed, or is
towed, by a motor vehicle, but does not include a motor vehicle that is being
towed.
36 Part 1 of the Schedule
Insert:
tri-axle group means a group of at least 3 axles, in which
the horizontal distance between the centre-lines of the outermost axles is more
than 2 metres, but not more than 3.2 metres.
37 Part 1 of the Schedule
Insert:
twinsteer axle group means a group of 2 axles:
(a) with single tyres; and
(b) fitted to a motor vehicle; and
(c) connected to the same steering mechanism; and
(d) the horizontal distance between the centre-lines of which is at least
1 metre, but not more than 2 metres.
38 Part 1 of the Schedule (third last
sentence)
After “For the purposes of this Schedule”, insert “(other
than the definitions of single axle group, tandem axle
group, twinsteer axle group, tri-axle group
and quad-axle group)”.
39 Part 1 of the Schedule (second last
sentence)
Repeal the sentence, substitute:
For the purposes of determining the number of trailers that a prime mover
or truck may tow:
(a) a converter dolly and a semi trailer when used together are to be
regarded as one trailer; and
(b) a low loader dolly and a low loader when used together are to be
regarded as one trailer.
In paragraph (a) of the definition of special purpose
vehicle:
goods does not include fuel, water, lubricants, tools and any
other equipment or accessories necessary for the normal operation of the
vehicle.
Note: For example, in the case of a crane,
goods would not include any chains on the crane necessary to
operate the crane.
passengers does not include the driver, a trainee driver or
any person necessary for the normal operation of the vehicle.
40 Part 2 of the Schedule
Repeal the Part, substitute:
|
Load carrying vehicles |
|||||
|
|
Vehicle Type |
2-axle |
3-axle |
4-axle |
5-axle |
|
1 |
Truck (type 1) |
$300 |
$600 |
$900 |
$900 |
|
2 |
Truck (type 2) |
$500 |
$800 |
$2,000 |
$2,000 |
|
3 |
Short combination truck |
$550 |
$2,000 |
$2,000 |
$2,000 |
|
4 |
Medium combination truck |
$3,800 |
$3,800 |
$4,100 |
$4,100 |
|
5 |
Long combination truck |
$5,250 |
$5,250 |
$5,250 |
$5,250 |
|
6 |
Short combination prime mover |
$1,300 |
$3,400 |
$4,400 |
$4,400 |
|
7 |
Medium combination prime mover |
$4,000 |
$5,000 |
$5,500 |
$5,500 |
|
8 |
Long combination prime mover |
$5,000 |
$5,000 |
$5,500 |
$5,500 |
The amount of the charge applicable to a load carrying trailer, a
converter dolly or a low loader dolly is worked out using the
formula:
|
Buses |
||||
|---|---|---|---|---|
|
Item |
Bus Type |
2-axle |
3-axle |
4-axle |
|
1 |
Bus (type 1) |
$300 |
Not applicable |
Not applicable |
|
2 |
Bus (type 2) |
$500 |
$1,250 |
$1,250 |
|
3 |
Articulated bus |
Not applicable |
$500 |
$500 |
|
Special purpose vehicles |
||
|---|---|---|
|
Item |
Special purpose vehicle type |
Charge |
|
1 |
Special purpose vehicle (type p) |
No charge |
|
2 |
Special purpose vehicle (type t) |
$200 |
|
3 |
Special purpose vehicle (type o) |
The amount calculated using the formula: |
If a vehicle falls within 2 or more categories specified in this Part,
the charge for the vehicle is the higher or highest of the charges that could
apply to the vehicle.
41 Part 3 of the Schedule
(heading)
Repeal the heading, substitute:
42 Amendments not to affect requirement to
determine certain charges
The amendments made by this Act do not affect the requirement for the
Government of the Australian Capital Territory to determine:
(a) if this Act commences on or before 1 July 2000—charges for the
grant of annual registrations, or of permits, taking place before 1 July 2000;
or
(b) if this Act commences after 1 July 2000—charges for the grant of
annual registrations, or of permits, taking place before this Act
commences.
