Commonwealth Numbered Regulations - Explanatory Statements

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INTERSTATE ROAD TRANSPORT REGULATIONS (AMENDMENT) 1996 NO. 250

STATUTORY RULES 1996 No. 250

Issued by the authority of the Minister for Transport and Regional Development

Interstate Road Transport Act 1985

Interstate Road Transport Regulations (Amendment)

Subsection 56(1) of the Interstate Road Transport Act 1985 (the Act) provides that the Governor-General may make regulations, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Subsection 56(2) further provides that, without limiting the generality of subsection 56(1), the regulations may make provision for, among other things:

-        regulating the use and operation of registered motor vehicles and trailers,

-        prescribing operating standards, and

-       regulating the conduct or activities in, or in connection with the operation or use of, registered motor vehicles or trailers.

The Act and Interstate Road Transport Regulations (the Regulations) establish the Federal Interstate Registration Scheme (FIRS), which provides a national licensing scheme for heavy vehicles on interstate journeys, as an alternative to the various State registration requirements.

The Regulations prescribe, among other things, certain conditions for the registration and operation of FIRS registered B-doubles under the Act. Section 3A of the Act provides that a B-double means a motor vehicle which consists of a prime mover with two trailers which are attached to the prime mover and one another by means of turntable mechanisms.

The Interstate Road Transport Regulations (Amendment) (the Amending Regulations) provide for an increase in the maximum permitted length of B-doubles from 23 metres to 25 metres and an increase in gross mass from 59 tonnes to 62.5 tonnes. These changes will enable increased productivity and improve flexibility for operators of B-doubles without impacting adversely on safety or public access to roads.

The Amending Regulations:

-       prescribe the maximum permitted loaded mass of a vehicle (Amending Regulation 2, amendment to Regulation 12A);

-       provide that a B-double must not exceed a maximum overall length (Amending Regulation 4, amendment of Regulation 12P);

-       provide for minimum axle spacings (Amending Regulation 5, amendment of Regulation 12Q);

-       outline conditions under which anti-lock braking systems are required to be fitted to prime movers and certain trailers used as part of a B-double (Amending Regulation 6, new Regulation 12RA);

-        define the terms 'dangerous goods' and 'tank trailer´ (Amending Regulation 6, new Regulation 12RA);

-        prescribe a penalty for the operator of a B-double which does not comply with requirements of Division 2B 'B-doubles' which sets out the operational requirements for B-doubles (Amending Regulation 11, new Regulation 12ZAB);

-       include an expanded axle spacing schedule to cover 25m B-doubles (Amending Regulation 13, amendment to Schedule 1A).

Details of the amendments to the Regulations are attached.

The amendments to the Regulations commence on gazettal.

ATTACHMENT

Interstate Road Transport Regulations (Amendment)

Details of the Amending Regulations are as follows:

Regulation 1 provides that the Interstate Road Transport Regulations are amended as set out in the Proposed Regulations.

Regulation 2 amends Regulation 12A, which prescribes the maximum permitted gross mass of a vehicle. Proposed Regulation 2.1 inserts a reference to B-doubles into paragraph 12A(1)(c) to allow the permitted gross mass of a B-double to be calculated. Proposed Regulation 2.2 increases the maximum permitted loaded mass of a B-double from 59 tonnes to 62.5 tonnes.

Regulation 3 amends Regulation 12M to correct the misspelling of 'registration'.

Regulation 4 amends Regulation 12P to provide that a B-double must not exceed an overall length of 25 metres and specifies a limit on the length of semi-trailers that form part of a Bdouble used for the carriage of animals.

Regulation 5 amends Regulation 12Q to provide for minimum axle spacings and includes a formula for spacing of 2 triaxle groups in a B-double.

Regulation 6 provides for a new Regulation 12RA to prescribe circumstances under which anti-lock braking systems are required to be fitted to prime movers used as part of a Bdouble. Regulation 6 provides that anti-lock braking systems fitted to a prime mover, or a semi trailer used as part of a B-double that includes a tank trailer carrying dangerous goods, must comply with ADR 64100 and ADR 38101 respectively. Regulation 6 also defines the terms 'dangerous goods' and 'tank trailer'.

Regulation 7 amends Regulation 12T to clarify subregulation 12T(1) which relates to brake line failure protection, by referring to 'the prime mover's' rather than 'its' brake system.

Regulation 8 amends Regulation 12V by omitting the reference to '50 millimetre' kingpins.

Regulation 9 amends Regulation 12W to include the most recent relevant Australian Standard relating to fifth wheel kingpins.

Regulation 10 deletes Subregulation 12X(2) relating to the location of the point of articulation on the prime mover of a B-double.

Regulation 11 inserts two new Regulations. New Regulation 12ZAA prescribes the maximum permitted gross mass of a B-double in relation to axle groups.

New Regulation 12ZAB provides that a B-double cannot be operated if it fails to comply with the requirements of Division 2B which relate to B-doubles and prescribes a penalty for non-compliance.

Regulation 12 consequentially amends Regulation 52 which relates to the payment of penalties to include a reference to the new regulation 12ZAB.

Regulation 13 amends Schedule 1A to expand its application to B-doubles which are 25 metres in length.