Commonwealth Numbered Regulations

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1996 No. 342 ROAD TRANSPORT REFORM (MASS AND LOADING) REGULATIONS (AMENDMENT) - REG 3

3. New regulations 12 and 13
3.1 After regulation 11, insert: Failure to comply with certain exemption
conditions

"12 (1) If:

   (a)  a person is prosecuted for an offence under these Regulations; and

   (b)  the offence relates to the failure of a vehicle or combination to
        comply with a mass or dimension limit specified in these Regulations;
        and

   (c)  an exemption has been given under any Regulations made under the Act
        that is subject to the condition that the vehicle or combination
        complies with a greater mass or dimension limit than the mass or
        dimension limit referred to in paragraph (b); and

   (d)  at the time of the alleged offence, the vehicle or combination was
        travelling:

        (i)    on a route other than a route on which the vehicle or
               combination was permitted to travel under a condition of the
               exemption; or

        (ii)   at a time other than a time at which the vehicle or combination
               was permitted to travel under a condition of the exemption; or

        (iii)  accompanied by fewer than the number of pilot or escort
               vehicles required under a condition of the exemption; or

        (iv)   with an aggregate mass that is more than 10% in excess of the
               limit allowed under a condition of the exemption; the exemption
               must be disregarded for the purposes of the prosecution.

Declaring buses to be complying buses

"13 (1) This regulation applies to a bus with 2 or 3 axles and a single steer
axle that:

   (a)  is not fitted with a compliance plate in accordance with the
        Motor Vehicle Standards Act 1989; or

   (b)  is fitted with a compliance plate in accordance with that Act but the
        compliance plate indicates that the bus was manufactured before 1 July
        1994.

"13 (2) The vehicle registration authority may declare that a bus equipped
with an approved air suspension system is a complying bus for the purposes of
these Regulations if the vehicle registration authority is satisfied that the
bus meets:

   (a)  the emergency exit specifications in ADR 44; and

   (b)  the rollover strength specifications in ADR 59; and

   (c)  the occupant protection specifications in ADR 68.". 


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