HEAVY VEHICLE NATIONAL LAW (NSW)

New South Wales Consolidated Acts

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HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 5

Definitions

5 Definitions

In this Law--

"100km work" , for the purposes of Chapter 6, has the meaning given by section 289(1).

"100+km work" , for the purposes of Chapter 6, has the meaning given by section 289(2).

"accreditation certificate" means--

(a) for a heavy vehicle accreditation granted under this Law--the accreditation certificate given for the accreditation under section 464; or

(b) for a heavy vehicle accreditation granted under another law of a participating jurisdiction--the certificate of accreditation (however called) issued for the accreditation under that law.

"ADR" means a national standard under section 7 of the Motor Vehicle Standards Act 1989 of the Commonwealth.

"advice purposes" means providing advice, information and education to persons with duties or obligations under this Law about compliance with the duties or obligations.

"AFM accreditation" means--

(a) AFM accreditation granted under section 458; or

(b) accreditation of a similar kind under another law of a participating jurisdiction.

"AFM fatigue management system" , for the purposes of Chapters 6 and 8, has the meaning given by section 457.

"AFM hours" , for the purposes of Chapters 6 and 8, has the meaning given by section 257.

"AFM standards and business rules" , for the purposes of Chapter 8, has the meaning given by section 457.

"agricultural implement" means a vehicle without its own automotive power, built to perform agricultural tasks, and includes an agricultural trailer.

Examples--:
• auger

• conveyor

• field bin

• harvester front

• irrigating equipment or machinery

"agricultural machine" means a vehicle with its own automotive power, built to perform agricultural tasks.

Examples--: harvester, tractor

"agricultural task" means a task carried out in agriculture.

Examples of an agricultural task--:
• cultivating land

• growing and harvesting crops

• rearing livestock

"agricultural trailer" means a trailer that is designed to carry a load and used exclusively to perform agricultural tasks, but does not include a semitrailer.

"agricultural vehicle" means an agricultural implement or agricultural machine.

"Application Act" , of this jurisdiction, means the Act of this jurisdiction by which this Law applies as a law of this jurisdiction.

"appropriately qualified" , for a function, includes having the qualifications, experience or standing appropriate to exercise the function.

Example of standing--: a person's classification level or position in the public service or a government agency of a participating jurisdiction

"approved" , by the responsible Ministers, for the purposes of Chapter 8, has the meaning given by section 457.

"approved auditor" , for the purposes of Chapter 8, has the meaning given by section 457.

"approved electronic recording system" has the meaning given by section 221.

"approved form" means a form approved by the Regulator under section 735.

"approved guidelines" means guidelines approved by the responsible Ministers under section 653.

"approved intelligent transport system" has the meaning given by section 403.

"approved sleeper berth" , for the purposes of Chapter 6, has the meaning given by section 221.

"approved vehicle examiner" means a person approved as a vehicle examiner under the national regulations (as referred to in section 731).

"articulated bus" means a bus with 2 or more rigid sections connected to one another in a way that allows--

(a) passenger access between the sections; and

(b) rotary movement between the sections.

"AS" means an Australian standard made or published by Standards Australia.

"associate" , of a person, means--

(a) if the person is an individual--
(i) the individual's spouse or de facto partner; or

(ii) a relative of the individual, whether by blood, spousal relationship or adoption; or

(iii) an employee of the individual; or

(iv) an employee of a corporation of which the individual is an executive officer; or

(v) a partner of the individual; or

(vi) a corporation of which the individual is an executive officer; or

(vii) a corporation in which the individual holds a controlling interest; or

(viii) a person who is a trustee of a trust of which the individual is a trustee or beneficiary; or

(ix) a person who is a beneficiary of a trust of which the individual is a trustee or beneficiary; or

(x) a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the individual; or

(xi) a person who is an associate of someone who is an associate of the individual; or

(b) if the person is a corporation--
(i) an executive officer of the corporation; or

(ii) an associate of an executive officer of the corporation; or

(iii) an employee of the corporation; or

(iv) a person who holds a controlling interest in the corporation; or

(v) a related body corporate, within the meaning of the Corporations Act 2001 of the Commonwealth, of the corporation; or

(vi) a person who is an associate of someone who is an associate of the corporation.

"ATM" (aggregate trailer mass), of a heavy trailer, means the total maximum mass of the trailer, as stated by the manufacturer, together with its load and the mass imposed on the towing vehicle by the trailer when the towing vehicle and trailer are on a horizontal surface.

"Australian Accounting Standards" means Accounting Standards issued by the Australian Accounting Standards Board.

"Australian road law" means--

(a) this Law; or

(b) another law of a State or Territory that regulates the use of vehicles on roads.

"authorised officer" means--

(a) a police officer declared by a law of a participating jurisdiction to be an authorised officer for the purposes of this Law; or

(b) a person who holds office under this Law as an authorised officer.

"authorised use" , for the purposes of Part 13.4, has the meaning given by section 727.

"authorised warrant official" , for a participating jurisdiction, means an entity that is declared by a law of that jurisdiction to be an authorised warrant official for that jurisdiction for the purposes of this Law.

"axle" means 1 or more shafts positioned in a line across a vehicle, on which 1 or more wheels intended to support the vehicle turn.

"axle group" means a tandem axle group, twinsteer axle group, tri-axle group or quad-axle group.

"base" , of the driver of a heavy vehicle--

1 The base of the driver of a heavy vehicle, in relation to particular work--
(a) is the place from which the driver normally does the work; but

(b) is, for the purposes of Chapter 6, the garage address of the vehicle if--
(i) the vehicle is a fatigue-regulated heavy vehicle; and

(ii) the driver is required under Part 6.4, in relation to that particular work, to keep a work diary and to record the location of the driver's base in the work diary, and has not done so.

Note--: The driver of a fatigue-regulated heavy vehicle may not be required under Part 6.4, in relation to particular work, to keep a work diary and to record the location of the driver's base in the work diary, if, for example--
• the driver is undertaking 100km work under standard hours

• the driver is working under a work diary exemption

2 For a driver who is a self-employed driver and an employed driver at different times, the driver may have one base as a self-employed driver under paragraph 1 and another base as an employed driver under that paragraph.

3 For a driver who has 2 or more employers, the driver may have a different base in relation to each employer under paragraph 1.

"B-double" means a combination consisting of a prime mover towing 2 semitrailers, with the first semitrailer being attached directly to the prime mover by a fifth wheel coupling and the second semitrailer being mounted on the rear of the first semitrailer by a fifth wheel coupling on the first semitrailer.

"B-triple" means a combination consisting of a prime mover towing 3 semitrailers, with--

(a) the first semitrailer being attached directly to the prime mover by a fifth wheel coupling; and

(b) the second semitrailer being mounted on the rear of the first semitrailer by a fifth wheel coupling on the first semitrailer; and

(c) the third semitrailer being mounted on the rear of the second semitrailer by a fifth wheel coupling on the second semitrailer.

"BFM accreditation" means--

(a) BFM accreditation granted under section 458; or

(b) accreditation of a similar kind under another law of a participating jurisdiction.

"BFM fatigue management system" , for the purposes of Chapter 8, has the meaning given by section 457.

"BFM hours" , for the purposes of Chapters 6 and 8, has the meaning given by section 253.

"BFM standards and business rules" , for the purposes of Chapter 8, has the meaning given by section 457.

"Board" means the National Heavy Vehicle Regulator Board established under section 662.

"body of fatigue knowledge" means any accreditation scheme, scientific knowledge, expert opinion, guidelines, standards or other knowledge about preventing or managing exposure to risks to safety either on a road or in a workplace, arising from fatigue.

"bus" means a heavy motor vehicle built or fitted to carry more than 9 adults (including the driver).

"business practices" , of a person, means the person's practices in running a business associated with the use of a heavy vehicle on a road, including--

(a) the operating policies and procedures of the business; and

(b) the human resource and contract management arrangements of the business; and

(c) the arrangements for preventing or minimising public risks associated with the person's practices.

"cancel" , for the purposes of Chapter 6 in relation to an unused daily sheet in a written work diary, has the meaning given by section 221.

"category" , of heavy vehicles--see section 15.

"cause" , a thing, includes--

(a) contribute to causing the thing; and

(b) encourage the thing.

"centre-line" , of an axle, means--

(a) for an axle consisting of 1 shaft--a line parallel to the length of the axle and passing through its centre; and

(b) for an axle consisting of 2 shafts--a line in the vertical plane passing through--
(i) the centre of both shafts; and

(ii) the centres of the wheels on the shafts.

"class 1 heavy vehicle" has the meaning given by section 116(1) and (2).

"class 2 heavy vehicle" has the meaning given by section 136.

"class 2 heavy vehicle authorisation" means--

(a) a class 2 heavy vehicle authorisation (notice); or

(b) a class 2 heavy vehicle authorisation (permit).

"class 2 heavy vehicle authorisation (notice)" has the meaning given by section 138(2).

"class 2 heavy vehicle authorisation (permit)" has the meaning given by section 143(2).

"class 3 heavy vehicle" has the meaning given by section 116(3).

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

"Commonwealth Gazette" means the Commonwealth of Australia Gazette.

"Commonwealth Gazette notice" means notice published in the Commonwealth Gazette.

"Commonwealth responsible Minister" means the Commonwealth Minister nominated by the Commonwealth as the responsible Minister for the Commonwealth for the purposes of this Law.

"compensation order" has the meaning given by section 611(1).

"complaint" , for an offence, means a complaint, charge, notice or other process that starts a proceeding for the offence.

"compliance purposes" means--

(a) monitoring purposes; or

(b) investigation purposes.

"complying container weight declaration" has the meaning given by section 189.

"component" , of a heavy vehicle that is a combination, means--

(a) other than in Part 3.3, a component vehicle of the combination; or

(b) a component of any component vehicle of the combination.

"component vehicle" , of a heavy combination, means the towing vehicle or another vehicle in the combination.

"condition" includes a restriction.

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

"consent" includes an approval or concurrence.

"consign and consignor" --
A person consigns goods, and is a consignor of goods, for road transport using a heavy vehicle, if--

(a) the person has consented to being, and is, named or otherwise identified as a consignor of the goods in the transport documentation relating to the road transport of the goods; or

(b) the person engages an operator of the vehicle, either directly or indirectly or through an agent or other intermediary, to transport the goods by road; or

(c) if paragraphs (a) and (b) do not apply--the person has possession of, or control over, the goods immediately before the goods are transported by road.

"consignee" , of goods--

(a) means a person who--
(i) has consented to being, and is, named or otherwise identified as the intended consignee of the goods in the transport documentation relating to the road transport of the goods; or
(ii) actually receives the goods after completion of their road transport; but

(b) does not include a person who merely unloads the goods.

"container weight declaration" --

(a) means a written declaration, whether contained in 1 or more documents, stating or purporting to state the weight of a freight container and its contents; and
Examples--: an email, a placard fixed to the container

Note--: See the definition
"document" in section 12 of Schedule 1.

(b) includes a copy of a declaration mentioned in paragraph (a).

"contract" includes an agreement.

"converter dolly" means a pig trailer with a fifth wheel coupling designed to convert a semitrailer into a dog trailer.

"convict" , a person of an offence, has the meaning given by section 9(1).

"convicted" , of an offence, has the meaning given by section 9(2).

"convicted person" --

(a) for the purposes of Division 5 of Part 10.3, has the meaning given by section 599(a); or

(b) for the purposes of Division 6 of Part 10.3, has the meaning given by section 606(a).

"corporation" includes a body politic or corporate.

"corresponding fatigue law" , for the purposes of Chapter 6, has the meaning given by section 221.

"critical risk breach" , for a maximum work requirement or minimum rest requirement, has the meaning given by section 222(4).

"daily sheet" , for a written work diary, for the purposes of Chapter 6, has the meaning given by section 338(2)(b).

"database of heavy vehicles" means the database of heavy vehicles kept under section 686A.

"daytime" means the period of a day between sunrise and sunset.

"de facto partner" , of a person, means a person (whether of the same gender or a different gender) who is in a de facto relationship, within the meaning given by section 2F of the Acts Interpretation Act 1901 of the Commonwealth, with the person.

"defective heavy vehicle" , for the purposes of Division 6 of Part 9.3, has the meaning given by section 525.

"defective vehicle label" , for the purposes of Division 6 of Part 9.3, has the meaning given by section 525.

"defendant" , for a proceeding for an offence, means the person charged with the offence (whether called the defendant or the accused).

"deficiency" , for the purposes of Division 3 of Part 10.4, has the meaning given by section 626.

"dimension requirement" means--

(a) a prescribed dimension requirement (under section 101); or

(b) a requirement as to a dimension limit relating to a heavy vehicle under a condition to which a mass or dimension authority is subject (where the dimension limit is more restrictive than the relevant prescribed dimension requirement); or

(c) a requirement as to a dimension limit under a PBS vehicle approval; or

(d) a requirement as to a dimension limit indicated by an official traffic sign; or
Note--: See the definitions
"indicated" and
"official traffic sign" .

(e) a requirement as to a dimension limit for a component vehicle as prescribed by a heavy vehicle standard.

"drive" , a vehicle or combination, includes--

(a) be in control of the steering, movement or propulsion of the vehicle or combination; and

(b) for a trailer--drive a vehicle towing the trailer.

"driver" , of a vehicle or combination--

(a) means the person driving the vehicle or combination; and

(b) includes--
(i) a person accompanying the person driving the vehicle or combination on a journey or part of a journey, who has been, is or will be sharing the task of driving the vehicle or combination during the journey or part; and

(ii) a person who is driving the vehicle or combination as a driver under instruction or under an appropriate learner licence or learner permit; and

(iii) where the driver is a driver under instruction, the holder of a driver licence occupying the seat in the vehicle or combination next to the driver.

"driver fatigue compliance function" , for the purposes of Part 13.4, has the meaning given by section 727(1).

"driver fatigue provision" , for the purposes of Part 13.4, has the meaning given by section 727(1).

"driver licence" means--

(a) a driver licence issued under a law of a State or Territory that regulates the use of vehicles on roads; or

(b) a licence, permit or other authorisation to drive a motor vehicle issued under a law of another country if a law mentioned in paragraph (a) exempts the holder of the licence, permit or other authorisation from the requirement to hold a driver licence under that law to drive a motor vehicle.

"electronic recording system" has the meaning given by section 221.

"electronic recording system approval" means an approval of an electronic recording system under Division 7 of Part 6.4.

"electronic work diary" has the meaning given by section 221.

"electronic work diary authorised use" , for the purposes of Part 13.4, has the meaning given by section 727(1).

"electronic work diary information" , for the purposes of Part 13.4, has the meaning given by section 727(1).

"electronic work diary protected information" , for the purposes of Part 13.4, has the meaning given by section 727(1).

"embargo notice" has the meaning given by section 557(2).

"embargoed thing" means a thing the subject of an embargo notice.

"employed driver" , of a heavy vehicle, means a person who is employed by someone else to drive the vehicle.

"employee" means an individual who is employed by someone else.

"employer" means a person who employs someone else.

"encourage" includes give an incentive.

"entity" includes a person, an unincorporated partnership and an unincorporated body.

"entry" , in a work record, for the purposes of Chapter 6, has the meaning given by section 221.

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

"escort vehicle" means a pilot vehicle that is driven by a police officer or another person authorised to direct traffic under an Australian road law.

"examine" includes analyse, test, account, measure, weigh, grade, gauge or identify.

"executive officer" , of a corporation, means--

(a) a director of the corporation; or

(b) any person, by whatever name called and whether or not the person is a director of the corporation, who is concerned or takes part in the management of the corporation.

"exemption hours" , for the purposes of Chapter 6, has the meaning given by section 259.

"exercise" , for a function, includes perform.

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

Note--: See the definition
"document" in section 12 of Schedule 1.

"false or misleading" means false or misleading in a material particular.

"fatigue" has the meaning given by section 223.

"fatigue record" keeping exemption means--

(a) a fatigue record keeping exemption (notice); or

(b) a fatigue record keeping exemption (permit).

"fatigue record keeping exemption (notice)" has the meaning given by section 378.

"fatigue record keeping exemption (permit)" has the meaning given by section 383.

"fatigue-regulated bus" means a heavy motor vehicle built or fitted to carry more than 12 adults (including the driver).

Note--: A fatigue-regulated bus is a bus that weighs more than 4.5t for the purposes of being regulated under this Law.

"fatigue-regulated heavy vehicle" has the meaning given by section 7.

"fifth wheel coupling" means a device (other than an upper rotating element and a kingpin) used with a prime mover, semitrailer or converter dolly to--

(a) permit quick coupling and uncoupling; and

(b) provide for articulation.

"film" , a thing, includes--

(a) photograph or videotape the thing; and

(b) record an image of the thing in another way.

"fit" , to drive a heavy vehicle, or to start or stop its engine, for a person, means the person--

(a) is apparently physically and mentally fit to drive the vehicle, or start or stop its engine; and

(b) is not apparently affected by either or both of the following--
(i) alcohol;

(ii) a drug that affects a person's ability to drive a vehicle; and

(c) is not found to have an alcohol concentration in the person's blood or breath exceeding the amount permitted, under an Australian road law of this jurisdiction, for the driver of a heavy vehicle; and

(d) is not found to be under the influence of a drug or to have present in the person's blood or saliva a drug that the driver of a heavy vehicle is not permitted to have present in the driver's blood or saliva under an Australian road law of this jurisdiction.

"freight container" means--

(a) a re-usable container of the kind mentioned in AS 3711.1 that is designed for repeated use for transporting goods; or
Note--: AS 3711.1 may be purchased from Standards Australia at .

(b) a re-usable container of the same or a similar design and construction to a container mentioned in paragraph (a) though of different dimensions.

"Fund" means the National Heavy Vehicle Regulator Fund established under section 687.

"garage address" , of a heavy vehicle, means--

(a) for a heavy vehicle normally kept at a depot when not in use--the principal depot of the vehicle; or

(b) for a heavy vehicle not normally kept at a depot when not in use--the address of the place of business or residence at which the vehicle is normally kept when not in use.

"GCM" (gross combination mass), of a motor vehicle, means the total maximum loaded mass of the motor vehicle and any vehicles it may lawfully tow at any given time--

(a) if the registration authority has specified the total maximum loaded mass of the motor vehicle and any vehicles it may lawfully tow at any given time--specified by the registration authority; or

(b) otherwise--stated by the motor vehicle's manufacturer.

"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) fuel, water, lubricants and readily removable equipment required for the normal use of the vehicle or combination in which they are carried; or

(iii) personal items used by the driver of the vehicle or combination, or someone else necessary for the normal use of the vehicle, in which they are carried.

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

(a) if the registration authority has specified the vehicle's maximum loaded mass--specified by the registration authority; or

(b) otherwise--stated by the vehicle's manufacturer.

"hauling unit" means a motor vehicle that forms part of a combination, but does not include a prime mover.

"heavy combination" means a combination that is a heavy vehicle.

"heavy motor vehicle" means a motor vehicle that is a heavy vehicle.

"heavy trailer" means a trailer that is a heavy vehicle.

"heavy vehicle" has the meaning given by section 6.

"heavy vehicle accreditation" means--

(a) AFM accreditation; or

(b) BFM accreditation; or

(c) maintenance management accreditation; or

(d) mass management accreditation.

"heavy vehicle standards" has the meaning given by section 59.

"higher mass limits" , for the purposes of Chapter 7, has the meaning given by section 403.

"hire vehicle" means a hire vehicle within the meaning of the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 of New South Wales.

Note--: This definition is inserted for New South Wales.

"HML authority" , for the purposes of Chapter 7, has the meaning given by section 403.

"home address" means--

(a) for an individual--the individual's residential address in Australia; or

(b) for a body corporate with a registered office in Australia--the address of the registered office; or

(c) for another person--the address of the person's principal or only place of business in Australia.

"identification details" , for the purposes of Division 6 of Part 9.3, has the meaning given by section 525.

"identification plate" means a plate authorised to be placed on a vehicle, or taken to have been placed on a vehicle, under the Motor Vehicle Standards Act 1989 of the Commonwealth.

"impaired by fatigue" has the meaning given by section 225.

"improvement notice" has the meaning given by section 572(2).

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

"indicated" , by an official traffic sign, includes--

(a) indicated by way of a direction on an official traffic sign; and

(b) indicated by way of a direction, indication or requirement that, under a law, is prescribed as being given or imposed, because of an official traffic sign.

"indictable offence" means an offence mentioned in section 26F.

"information" includes--

(a) information in the form of a printed document; and
Note--: See the definitions
"printed" and
"document" in section 12 of Schedule 1.

(b) information stored electronically.

"information notice" , for a decision, means a notice stating the following--

(a) the decision;

(b) the reasons for the decision;

(c) the review and appeal information for the decision.

"infringement notice" means--

(a) an infringement notice issued under section 591; or

(b) an infringement notice, expiation notice, penalty notice or similar notice under the Infringement Notice Offences Law.

"Infringement Notice Offences Law" , for a participating jurisdiction, means the law that is declared by a law of that jurisdiction to be the Infringement Notice Offences Law for the purposes of this Law.

"inspect" , a thing, includes--

(a) open the thing and examine its contents; and

(b) test the thing or its contents or both.

"intelligent access program agreement" , for the purposes of Chapter 7, has the meaning given by section 403.

"intelligent access program audit" , for the purposes of Chapter 7, has the meaning given by section 403.

"intelligent access program auditor" means a person engaged by TCA for auditing activities conducted by intelligent access program service providers.

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

"intelligent access program information" , for the purposes of Chapter 7, has the meaning given by section 403.

"intelligent access map" means the spatial data set in electronic form, issued by TCA from time to time, that defines the national public road system.

"intelligent access program reporting entity" , for the purposes of Chapter 6, has the meaning given by section 221.

"intelligent access program service provider" has the meaning given by section 403.

"intelligent access program vehicle" , for the purposes of Chapter 7, has the meaning given by section 403.

"intelligent transport system" means a system involving the use of electronic or other technology, whether located in a heavy vehicle or on or near a road or elsewhere, that is able to monitor, generate, record, store, display, analyse, transmit or report information about--

(a) any or all of the following--
(i) a heavy vehicle, its equipment or load;

(ii) the driver of a heavy vehicle;

(iii) an operator of a heavy vehicle;

(iv) anyone else involved in road transport using a heavy vehicle; and

(b) without limiting paragraph (a), the compliance or noncompliance with this Law of the use of a heavy vehicle on a road.

"investigation purposes" means investigating a contravention or suspected contravention of this Law.

"journey documentation" --

(a) means a document, other than transport documentation, in any form--
(i) directly or indirectly associated with--
(A) a transaction for the actual or proposed road transport of goods or passengers using a heavy vehicle, or for a previous transport of the goods or passengers by any transport method; or

(B) goods or passengers, to the extent the document is relevant to a transaction for their actual or proposed road transport; and

(ii) whether relating to a particular journey or to journeys generally; and

(b) includes, for example, any or all of the following--
(i) a document kept, used or obtained by a responsible person for a heavy vehicle in connection with the transport of goods or passengers;

(ii) a workshop, maintenance or repair record relating to a heavy vehicle used, or claimed to be used, for transporting goods or passengers;

(iii) a subcontractor's payment advice relating to goods or passengers or their transport;

(iv) records kept, used or obtained by the driver of a heavy vehicle used, or claimed to be used, for transporting goods or passengers;
Examples--:
• driver's run sheet

• work diary entry

• fuel docket or receipt

• food receipt

• tollway receipt

• pay record

• mobile or other telephone record

(v) information reported through the use of an intelligent transport system;

(vi) a driver manual or instruction sheet;

(vii) an advice resulting from check weighing of a heavy vehicle's mass or load performed before, during or after a journey.

Note--: See the definition
"document" in section 12 of Schedule 1.

"law enforcement agency" means an agency that has functions or activities directed at the prevention, detection, investigation, prosecution or punishment of offences and other contraventions of a law for which penalties or sanctions may be imposed.

"law enforcement purposes" , for the purposes of Chapter 7, has the meaning given by section 403.

"load" , of a heavy vehicle or in a heavy vehicle, means--

(a) all the goods, passengers, drivers and other persons in the vehicle; and

(b) all fuel, water, lubricants and readily removable equipment carried in the vehicle and required for its normal use; and

(c) personal items used by the vehicle's driver or someone else necessary for the normal use of the vehicle; and

(d) anything that is normally removed from the vehicle when not in use.

"load" , when used as a verb, and
"loader" --
A person loads goods in a heavy vehicle, and is a loader of goods in a heavy vehicle, if the person is a person who--

(a) loads the vehicle, or any container that is in or part of the vehicle, with the goods for road transport; or

(b) loads the vehicle with a freight container, whether or not it contains goods, for road transport.

"loaded mass" , of a vehicle, means the vehicle's mass together with the mass of the vehicle's load that is transmitted to the ground.

"loading manager" , for goods in a heavy vehicle, means--

(a) a person who manages, or is responsible for the operation of, regular loading or unloading premises for heavy vehicles where the goods are--
(i) loaded onto the heavy vehicle; or

(ii) unloaded from the heavy vehicle; or

(b) a person who has been assigned by a person mentioned in paragraph (a) as responsible for supervising, managing or controlling, directly or indirectly, activities carried out by a loader or unloader of goods at regular loading or unloading premises for heavy vehicles.

"loading requirements" has the meaning given by section 110.

"local government authority" , for a participating jurisdiction, means an entity that is declared by a law of that jurisdiction to be a local government authority for that jurisdiction for the purposes of this Law.

"maintenance management accreditation" means--

(a) maintenance management accreditation granted under section 458; or

(b) accreditation of a similar kind under another law of a participating jurisdiction.

"maintenance management standards and business rules" , for the purposes of Chapter 8, has the meaning given by section 457.

"maintenance management system" , for the purposes of Chapter 8, has the meaning given by section 457.

"major defect notice" means a notice complying with the requirements for a major defect notice under section 527.

"major rest break" , for the purposes of Chapter 6, has the meaning given by section 221.

"malfunction" --

(a) for the purposes of Chapter 6, has the meaning given by section 221; and

(b) for the purposes of Chapter 7, has the meaning given by section 403.

"management member" , of an unincorporated body, means--

(a) if the body has a management committee--each member of the management committee; or

(b) otherwise--each member who is concerned with, or takes part in, the body's management, whatever name is given to the member's position in the body.

"mass, dimension or loading requirement" means a mass requirement, dimension requirement or loading requirement.

"mass management accreditation" means--

(a) mass management accreditation granted under section 458; or

(b) accreditation of a similar kind under another law of a participating jurisdiction.

"mass management standards and business rules" , for the purposes of Chapter 8, has the meaning given by section 457.

"mass management system" , for the purposes of Chapter 8, has the meaning given by section 457.

"mass or dimension authority" means--

(a) a mass or dimension exemption; or

(b) a class 2 heavy vehicle authorisation.

"mass or dimension exemption" means--

(a) a mass or dimension exemption (notice); or

(b) a mass or dimension exemption (permit).

"mass or dimension exemption (notice)" has the meaning given by section 117(2).

"mass or dimension exemption (permit)" has the meaning given by section 122(3).

"mass requirement" means--

(a) a prescribed mass requirement (under section 95); or

(b) a requirement as to a mass limit relating to a heavy vehicle under a condition to which a mass or dimension authority is subject (where the mass limit is lower than the relevant prescribed mass requirement); or

(c) a requirement as to a mass limit under a PBS vehicle approval; or

(d) a requirement as to a mass limit indicated by an official traffic sign; or
Note--: See the definitions
"indicated" and
"official traffic sign" .

(e) a requirement as to a mass limit under the GVM or GCM for a heavy vehicle; or

(f) a requirement as to a mass limit for a component vehicle as stated by the manufacturer or as prescribed by a heavy vehicle standard.

"maximum work requirement" means a requirement of Chapter 6 relating to a maximum work time for the driver of a fatigue-regulated heavy vehicle.

"maximum work time" means the maximum time the driver of a fatigue-regulated heavy vehicle may drive a fatigue-regulated heavy vehicle, or otherwise work, without taking a rest.

"minimum rest requirement" means a requirement of Chapter 6 relating to the minimum rest time for the driver of a fatigue-regulated heavy vehicle.

"minimum rest time" means the minimum time the driver of a fatigue-regulated heavy vehicle must rest in order to break up the period of time the driver drives a fatigue-regulated heavy vehicle or otherwise works.

"minor defect notice" means a notice complying with the requirements for a minor defect notice under section 527.

"minor risk breach" --

(a) for a mass requirement--has the meaning given by section 98; or

(b) for a dimension requirement--has the meaning given by section 105; or

(c) for a loading requirement--has the meaning given by section 112; or

(d) for a maximum work requirement or minimum rest requirement--has the meaning given by section 222(1).

"modification" , for the purposes of Part 3.3, has the meaning given by section 84.

"monitoring purposes" means finding out whether this Law is being complied with.

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

"national regulations" means the regulations made under section 730.

"National Transport Commission" means the National Transport Commission established by the National Transport Commission Act 2003 of the Commonwealth.

"night" means the period between sunset on a day and sunrise on the next day.

"night rest break" means--

(a) 7 continuous hours stationary rest time between 10p.m. on a day and 8a.m. on the next day; or
Note--: Under sections 248 and 303, the time must be based on the time zone of the driver's base for drivers on a journey in a different time zone to the driver's base.

(b) 24 continuous hours stationary rest time.

"night work time" , for the purposes of Chapter 6, has the meaning given by section 221.

"noncompliance report" , for the purposes of Chapter 7, has the meaning given by section 403.

"non-participating jurisdiction" , for the purposes of Chapter 6, has the meaning given by section 221.

"notice" --

(a) means written notice; and

(b) for the purposes of Division 5B of Part 9.4, has the meaning given by section 576D.

"occupier" , of a place, includes the following--

(a) if there is more than 1 person who apparently occupies the place--any 1 of the persons;

(b) any person at the place who is apparently acting with the authority of a person who apparently occupies the place;

(c) if no-one apparently occupies the place--any person who is an owner of the place.

"official" means any of the following persons exercising a function under this Law--

(a) the Regulator;

(b) a road authority;

(c) an authorised officer.

"official traffic sign" means a sign or device erected or placed, under a law, by a public authority (including, for example, a police force or police service) to regulate traffic.

"operate and operator" --
A person operates a vehicle or combination, and is an operator of the vehicle or combination, if the person is responsible for controlling or directing the use of--

(a) for a vehicle (including a vehicle in a combination)--the vehicle; or

(b) for a combination--the towing vehicle in the combination.

"oversize vehicle" means a heavy vehicle that does not comply with a dimension requirement applying to it.

"owner" --

(a) of a vehicle means--
(i) each person who is an owner, joint owner or part owner of the vehicle; or

(ii) a person who has the use or control of the vehicle under a credit agreement, hiring agreement, hire-purchase agreement or leasing arrangement; or

(b) of a combination means--
(i) each person who is an owner, joint owner or part owner of the towing vehicle in the combination; or

(ii) a person who has the use or control of the towing vehicle in the combination under a credit agreement, hiring agreement, hire-purchase agreement or leasing arrangement; or

(c) of a sample means an owner of the sample or the thing from which it was taken.

"pack and packer" --
A person packs goods, and is a packer of goods, if the person--

(a) puts the goods in packaging, even if that packaging is already on a vehicle; or
Example for the purposes of paragraph (a)--: A person who uses a hose to fill the tank of a tank vehicle with petrol packs the petrol for transport.

(b) assembles the goods as packaged goods in an outer packaging, even if that packaging is already on a vehicle; or

(c) supervises an activity mentioned in paragraph (a) or (b); or

(d) manages or controls an activity mentioned in paragraph (a), (b) or (c).

"packaging" , in relation to goods, means anything that contains, holds, protects or encloses the goods, whether directly or indirectly, to enable them to be received or held for transport, or to be transported.

Note--: It may be that a container constitutes the whole of the packaging of goods, as in the case of a drum in which goods are directly placed.

"participating jurisdiction" --

(a) for the purposes of this Law other than Chapter 6--means a State or Territory in which--
(i) this Law applies as a law of the State or Territory; or

(ii) a law that substantially corresponds to the provisions of this Law has been enacted; or

(iii) a law prescribed by the national regulations for the purposes of this subparagraph has been enacted; or

(b) for the purposes of Chapter 6--has the meaning given by section 221.

"party in the chain of responsibility" , for a heavy vehicle, means each of the following persons--

(a) if the vehicle's driver is an employed driver--an employer of the driver;

(b) if the vehicle's driver is a self-employed driver--a prime contractor for the driver;

(c) an operator of the vehicle;

(d) a scheduler for the vehicle;

(e) a consignor of any goods in the vehicle;

(f) a consignee of any goods in the vehicle;

(g) a packer of any goods in the vehicle;

(h) a loading manager for any goods in the vehicle;

(i) a loader of any goods in the vehicle;

(j) an unloader of any goods in the vehicle.

"passenger" , of a vehicle, means any person carried in the vehicle other than the vehicle's driver or someone else necessary for the normal use of the vehicle.

"PBS design approval" means a current approval given under section 22 for the design of a type of heavy vehicle that, if built to the design, is eligible for PBS vehicle approval.

Note--: 'PBS' stands for performance based standards.

"PBS Review Panel" means an advisory body appointed by the Regulator to provide expert advice in the assessment of applications for PBS design approvals or PBS vehicle approvals and of their impacts.

Note--: The membership of the PBS Review Panel consists of one representative of each State and Territory, an independent Chairperson and an independent Deputy Chairperson. The Commonwealth may, if it decides to do so, nominate a representative of the Commonwealth. The procedure of the Panel is as determined by the Regulator.

"PBS vehicle" means a heavy vehicle that is the subject of a current PBS vehicle approval under Part 1.4.

"PBS vehicle approval" means a current approval issued for a heavy vehicle by the Regulator under section 23.

"personal information" --

(a) generally, means information or an opinion, including information or an opinion forming part of a database, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be found out, from the information or opinion; and

(b) for the purposes of Chapter 7, has the meaning given by section 403.

"pig trailer" means a trailer--

(a) with 1 axle group or a single axle near the middle of its load carrying surface; and

(b) connected to the towing vehicle by a drawbar.

"pilot vehicle" means a motor vehicle that accompanies an oversize vehicle to warn other road users of the oversize vehicle's presence.

"place of business" , for the purposes of Part 9.2, has the meaning given by section 494.

"pole-type trailer" means a trailer that--

(a) is attached to a towing vehicle by 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 can generally support themselves like beams between supports.

"police commissioner" means the head of the police force or police service (however called) of a participating jurisdiction.

"premises" --

(a) means a building or other structure, a vessel, or another place (whether built on or not)--
(i) from which a business is carried out; or
(ii) at or from which goods are loaded onto or unloaded from vehicles; and

(b) includes a part of a building, structure, vessel or place mentioned in paragraph (a).

"prescribed dimension requirement" means a requirement prescribed by the national regulations under section 101.

"prescribed fee" means a fee prescribed by the national regulations under section 740(1).

"prescribed mass requirement" means a requirement prescribed by the national regulations under section 95.

"previous corresponding law" --

1 A previous corresponding law is a law of a participating jurisdiction that, before the participation day for the jurisdiction, provided for the same, or substantially the same, matters as the provisions of this Law.

2 A previous corresponding law for a provision of this Law is a provision of a previous corresponding law within the meaning of paragraph 1 that corresponds, or substantially corresponds, to the provision of this Law.

3 For the purposes of paragraph 1, it is irrelevant whether the law of the participating jurisdiction--
(a) is in 1 instrument or 2 or more instruments; or

(b) is part of an instrument; or

(c) is part of an instrument and the whole or part of 1 or more other instruments.

"prime contractor" , of the driver of a heavy vehicle, means a person who engages the driver to drive the vehicle under a contract for services.

Example--: a logistics business that engages a subcontractor to transport goods.

"prime mover" means a heavy motor vehicle designed to tow a semitrailer.

"prohibition notice" has the meaning given by section 576A(3).

"prohibition order" has the meaning given by section 607(1).

"promisee" see section 590A.

"protected information" , for the purposes of Part 13.4, has the meaning given by section 727.

"public authority" means--

(a) a State or Territory or the Commonwealth, 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.

"public notice" means a notice--

(a) in the Commonwealth Gazette; and

(b) on the Regulator's website; and

(c) if the Regulator considers it appropriate--in another way, including, for example, in a national newspaper.

"public passenger service" means a public passenger service within the meaning of the Passenger Transport Act 1990 of New South Wales.

Note--: This definition is inserted for New South Wales.

"public place" means a place or part of a place--

(a) that the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or

(b) the occupier of which allows members of the public to enter, whether or not on payment of money.

"public risk" means--

(a) a safety risk; or

(b) a risk of damage to road infrastructure.

"public safety" means the safety of persons or property, including the safety of--

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

(b) persons or property in or in the vicinity of, or likely to be in or in the vicinity of, road infrastructure and public places; and

(c) vehicles and combinations and any loads in them.

"public safety ground" , for a reviewable decision, has the meaning given by section 640.

"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 3.2m but not more than 4.9m.

"qualified" , to drive a heavy vehicle, or to start or stop its engine, for a person, means the person--

(a) holds a driver licence of the appropriate class to drive the vehicle that is not suspended; and

(b) is not prevented under a law, including, for example, by the conditions of the driver licence, from driving the vehicle at the relevant time.

"Queensland Minister" means the responsible Minister for Queensland.

"reasonably believes" means believes on grounds that are reasonable in the circumstances.

"reasonably practicable" , in relation to a duty, means that which is, or was at a particular time, reasonably able to be done in relation to the duty, weighing up all relevant matters, including--

(a) the likelihood of a safety risk, or damage to road infrastructure, happening; and

(b) the harm that could result from the risk or damage; and

(c) what the person knows, or ought reasonably to know, about the risk or damage; and

(d) what the person knows, or ought reasonably to know, about the ways of--
(i) removing or minimising the risk; or

(ii) preventing or minimising the damage; and

(e) the availability and suitability of those ways; and

(f) the cost associated with the available ways, including whether the cost is grossly disproportionate to the likelihood of the risk or damage.

"reasonably satisfied" means satisfied on grounds that are reasonable in the circumstances.

"reasonably suspects" means suspects on grounds that are reasonable in the circumstances.

"record keeper" has the meaning given by section 317.

"record location" , of the driver of a fatigue-regulated heavy vehicle, for the purposes of Chapter 6, has the meaning given by section 290.

"registered industry code of practice" means an industry code of practice registered under section 706.

"registered interest" means an interest registered under the Personal Property Securities Act 2009 of the Commonwealth by a secured party for which the thing or sample is collateral.

"registered operator" , of a heavy vehicle, means the person recorded on a vehicle register as the person responsible for the vehicle, however named, kept under another Australian road law.

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

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

"registration item" means a document, number plate, label or other thing relating to the registration or purported registration of a heavy vehicle.

Note--: See the definition
"document" in section 12 of Schedule 1.

"registration number" , for a heavy vehicle, means the identifying registration number, however described, given to the vehicle under an Australian road law.

"regular loading or unloading premises" --

1 Regular loading or unloading premises, for heavy vehicles, means premises at or from which an average of at least 5 heavy vehicles are loaded or unloaded on each day the premises are operated for loading or unloading heavy vehicles.

2 For the purposes of paragraph 1, an average of at least 5 heavy vehicles are loaded or unloaded at or from premises on each day the premises are operated for loading or unloading heavy vehicles if--
(a) for premises operated for loading or unloading heavy vehicles for 12 months or more--during the previous 12 months, an average of at least 5 heavy vehicles were loaded or unloaded at or from the premises on each day the premises were operated for loading or unloading heavy vehicles; or

(b) for premises operated for loading or unloading heavy vehicles for less than 12 months--during the period the premises have been in operation for loading or unloading heavy vehicles, an average of at least 5 heavy vehicles were loaded or unloaded at or from the premises on each day the premises were operated for loading or unloading heavy vehicles.

3 In the application of this definition to the definition
"loading manager" where used in Chapter 6, references in paragraphs 1 and 2 to 'an average of at least 5 heavy vehicles' are to be read as references to an average of at least 5 fatigue-regulated heavy vehicles.
Note--: Consequently, Chapter 6 applies to a person as a loading manager only if the premises concerned are premises at or from which an average of at least 5 fatigue-regulated heavy vehicles are loaded or unloaded on each day the premises are operated for loading or unloading heavy vehicles.

"Regulator" means the National Heavy Vehicle Regulator established under section 656.

"Regulator's website" means the website of the Regulator on the internet.

"relevant appeal body" , for the purposes of Chapter 11, has the meaning given by section 640.

"relevant contravention" , for the purposes of Chapter 7, has the meaning given by section 403.

"relevant emission" , for a heavy vehicle, means noise emission, gaseous emission or particle emission emanating from the vehicle.

"relevant garage address" , of a heavy vehicle, means--

(a) the heavy vehicle's garage address; or

(b) if the heavy vehicle is a combination--the garage address of the towing vehicle in the combination.

"relevant jurisdiction" , for the purposes of Chapter 11, has the meaning given by section 640.

"relevant management system" , for the purposes of Chapter 8, has the meaning given by section 457.

"relevant monitoring matters" , for the purposes of Chapter 7, has the meaning given by section 403.

"relevant place" , for the purposes of Part 9.2, has the meaning given by section 494.

"relevant police commissioner" , in relation to a police officer, means the police commissioner for the police force or police service (however called) of which the police officer is a member.

"relevant road manager" , for a mass or dimension authority, means a road manager for a road in the area, or on the route, to which the authority applies.

"relevant standards and business rules" , for the purposes of Chapter 8, has the meaning given by section 457.

"relevant tribunal or court" , for a participating jurisdiction, means a tribunal or court that is declared by a law of that jurisdiction to be the relevant tribunal or court for that jurisdiction for the purposes of this Law.

"residence" , for the purposes of Part 9.2, has the meaning given by section 494(1).

"responsible entity" , for a freight container, means--

(a) the person who, in Australia, consigned the container for road transport using a heavy vehicle; or

(b) if there is no person as described in paragraph (a)--the person who, in Australia, for a consignor, arranged for the container's road transport using a heavy vehicle; or

(c) if there is no person as described in paragraph (a) or (b)--the person who, in Australia, physically offered the container for road transport using a heavy vehicle.

"responsible Minister" , for a participating jurisdiction, means the Minister of that jurisdiction nominated by it as its responsible Minister for the purposes of this Law.

"responsible Ministers" means a group of Ministers consisting of--

(a) the responsible Minister for each participating jurisdiction; and

(b) the Commonwealth responsible Minister.

Note--: See also section 655(3).

"responsible person" , for a heavy vehicle, means a person having, at a relevant time, a role or responsibility associated with road transport using the vehicle, and includes any of the following--

(a) an owner of the vehicle or, if it is a combination, an owner of a heavy vehicle forming part of the combination;

(b) the vehicle's driver;

(c) an operator or registered operator of the vehicle or, if it is a combination, an operator or registered operator of a heavy vehicle forming part of the combination;

(d) a person in charge or apparently in charge of--
(i) the vehicle; or

(ii) the vehicle's garage address or, if it is a combination, the garage address of a heavy vehicle forming part of the combination; or

(iii) a base of the vehicle's driver;

(e) a person appointed under a heavy vehicle accreditation to have monitoring or other responsibilities under the accreditation, including, for example, responsibilities for certifying, monitoring or approving the use of heavy vehicles under the accreditation;

(f) a person who provides to an owner or registered operator of the vehicle or, if it is a combination, an owner or registered operator of a heavy vehicle forming part of the combination, an intelligent transport system for the vehicle;

(g) a person in charge of a place entered by an authorised officer under this Law for the purpose of exercising a power under this Law;

(h) a consignor of goods for road transport;

(i) a packer of goods in a freight container or other container or in a package or on a pallet for road transport;

(j) a person who loads goods or a container for road transport;

(k) a person who unloads goods or a container containing goods consigned for road transport;

(l) a person to whom goods are consigned for road transport;

(m) a person who receives goods packed outside Australia in a freight container or other container or on a pallet for road transport in Australia;

(n) an owner or operator of a weighbridge or weighing facility used to weigh the vehicle, or an occupier of the place where the weighbridge or weighing facility is located;

(o) a responsible entity for a freight container on the vehicle;

(p) a loading manager for goods in heavy vehicles for road transport or another person who controls or directly influences the loading of goods for road transport;

(q) a scheduler for the vehicle;

(r) an employer, employee, agent or subcontractor of a person mentioned in any of paragraphs (a) to (q).

"rest" , in relation to a fatigue-regulated heavy vehicle, has the meaning given by section 221.

"rest time" , for the purposes of Chapter 6, has the meaning given by section 221.

"review and appeal information" --

(a) for a decision made by the Regulator or an authorised officer who is not a police officer, means the following information--
(i) that, under section 641, a dissatisfied person for the decision may ask for the decision to be reviewed by the Regulator;

(ii) that, under section 642, the person may apply for the decision to be stayed by a relevant tribunal or court unless the decision was made by the Regulator on the basis of a public safety ground;

(iii) that, in relation to the Regulator's decision on the review, the person may--
(A) under section 647, appeal against the decision to a relevant tribunal or court; and

(B) under section 648, apply for the decision to be stayed by a relevant tribunal or court unless the reviewable decision to which the review decision relates was made by the Regulator on the basis of a public safety ground; and

(b) for a decision made by a road manager (for a road) that is a public authority, means the following information--
(i) that, under section 641, a dissatisfied person for the decision may apply to the Regulator to have the decision reviewed;

(ii) that, under section 643, the Regulator must refer the application to the road manager for review;

(iii) that the decision of the road manager on the review is not subject to further review or appeal under this Law; and

(c) for a decision made by an authorised officer who is a police officer, or a road manager (for a road) that is not a public authority, means that the decision is not subject to review or appeal under this Law.

"review application" , for the purposes of Chapter 11, has the meaning given by section 640.

"review decision" , for the purposes of Chapter 11, has the meaning given by section 640.

"reviewable decision" has the meaning given by section 640.

"reviewer" , for the purposes of Chapter 11, has the meaning given by section 640.

"rigid" , other than in the definition
"articulated bus" , means not articulated.

"risk category" --

(a) for a contravention of a mass, dimension or loading requirement, means 1 of the following categories--
(i) minor risk breach;

(ii) substantial risk breach;

(iii) severe risk breach; or

(b) for a contravention of a maximum work requirement or minimum rest requirement, means 1 of the following categories--
(i) minor risk breach;

(ii) substantial risk breach;

(iii) severe risk breach;

(iv) critical risk breach.

"RMS" means Roads and Maritime Services constituted under the Transport Administration Act 1988 of New South Wales.

Note--: This definition is inserted for New South Wales pending the commencement of the national scheme for the registration of heavy vehicles under this Law.

"road" has the meaning given by section 8.

Note--: See also section 13.

"road authority" , for a participating jurisdiction, means an entity that is declared by a law of that jurisdiction to be the road authority for that jurisdiction for the purposes of this Law.

"road condition" has the meaning given by section 154.

"road infrastructure" includes--

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

(b) anything under or supporting a road or its surface or pavement; and

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

(d) any bridge or other work or structure located above, in or on a road; and

(e) any traffic control devices, railway 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 paragraphs (a) to (d).

"road manager" , for a road in a participating jurisdiction, means an entity that is declared by a law of that jurisdiction to be the road manager for the road for the purposes of this Law.

"road-related area" has the meaning given by section 8.

"Road Rules" , for a participating jurisdiction, means the law that is declared by a law of that jurisdiction to be the Road Rules for the purposes of this Law.

"road train" means--

(a) a B-triple; or

(b) a combination, other than a B-double, consisting of a motor vehicle towing at least 2 trailers, excluding any converter dolly supporting a semitrailer.

"road transport" means transport by road.

"route assessment" , for the purposes of Part 4.7, has the meaning given by section 154.

"safety duty" means a duty imposed under any of the following provisions--

(a) section 26C;

(b) section 26E(1) or (2);

(c) section 89(1);

(d) section 93(1), (2) or (3);

(e) section 129(1), (2) or (3);

(f) section 137;

(g) section 150(1);

(h) section 153A(1);

(i) section 186(2), (3), (4) or (5);

(j) section 187(2) or (3);

(k) section 335(1);

(l) section 336(1);

(m) section 337(2);

(n) section 454(1) or (2);

(o) section 467;

(p) section 470(2), (3) or (4);

(q) section 604;

(r) section 610.

"safety risk" means a risk--

(a) to public safety; or

(b) of harm to the environment.

"schedule" , for the driver of a heavy vehicle, means--

(a) the schedule for the transport of any goods or passengers by the vehicle; or

(b) the schedule of the driver's work times and rest times.

"scheduler" , for a heavy vehicle, means a person who--

(a) schedules the transport of any goods or passengers by the vehicle; or

(b) schedules the work times and rest times of the vehicle's driver.

"self-clearing defect notice" means a notice complying with the requirements for a self-clearing defect notice under section 527.

"self-employed driver" , of a heavy vehicle, means a driver of the vehicle who is not an employed driver of the vehicle.

"semitrailer" means a trailer that has--

(a) 1 axle group or a single axle towards the rear; and

(b) a means of attachment to a prime mover that results in some of the mass of the trailer's load being imposed on the prime mover.

"severe risk breach" --

(a) for a mass requirement--has the meaning given by section 100; or

(b) for a dimension requirement--has the meaning given by section 107; or

(c) for a loading requirement--has the meaning given by section 114; or

(d) for a maximum work requirement or minimum rest requirement--has the meaning given by section 222(3).

"severe risk breach lower limit" --

(a) for the purposes of Division 2 of Part 4.2, has the meaning given by section 97; or

(b) for the purposes of Division 2 of Part 4.3, has the meaning given by section 104.

"sign of fatigue" , for the purposes of Chapter 6, has the meaning given by section 221.

"single axle" means--

(a) 1 axle; or

(b) 2 axles with centres between transverse, parallel, vertical planes spaced less than 1.0m apart.

"solo driver" , for the purposes of Chapter 6, has the meaning given by section 221.

"speed limit" means--

(a) a speed limit applying under this Law, the Road Rules or another law; and

(b) when used in the context of a speed limit applying to the driver of a heavy vehicle--a speed limit applying to the driver or the vehicle (or both) under this Law, the Road Rules or another law (whether it applies specifically to the particular driver or the particular vehicle or it applies to all drivers or vehicles or to a class of drivers or vehicles to which the driver or vehicle belongs).

Note--: A reference to a speed limit applying under this Law, the Road Rules or another law covers both--
• a speed limit specified in this Law, the Road Rules or other law
• a speed limit specified in an instrument, or in some other manner, under this Law, the Road Rules or other law (for example, a speed limit specified in a permit or a Commonwealth Gazette notice)

"standard hours" , for the purposes of Chapter 6, has the meaning given by section 249.

"Standards Australia" means Standards Australia Limited CAN 087 326 690, and includes a reference to the Standards Association of Australia as constituted before 1 July 1999.

"stationary rest time" has the meaning given by section 221.

"substantial risk breach" --

(a) for a mass requirement--has the meaning given by section 99; or

(b) for a dimension requirement--has the meaning given by section 106; or

(c) for a loading requirement--has the meaning given by section 113; or

(d) for a maximum work requirement or minimum rest requirement--has the meaning given by section 222(2).

"substantial risk breach lower limit" --

(a) for the purposes of Division 2 of Part 4.2, has the meaning given by section 97; or

(b) for the purposes of Division 2 of Part 4.3, has the meaning given by section 104.

"suitable rest place" , for fatigue-regulated heavy vehicles, means--

(a) a rest area designated for use, and able to be used, by fatigue-regulated heavy vehicles; or

(b) a place at which a fatigue-regulated heavy vehicle may be safely and lawfully parked.

"supervisory intervention order" has the meaning given by section 600(1).

"supplementary record" , for the purposes of Chapter 6, has the meaning given by section 221.

"tamper" --

(a) with an emission control system, for the purposes of section 91, has the meaning given by that section; or

(b) with a plate or label, for the purposes of section 87A, has the meaning given by that section; or

(c) with a speed limiter, for the purposes of section 93, has the meaning given by that section; or

(d) with an approved electronic recording system, for the purposes of Chapter 6, has the meaning given by section 334; or

(e) with an approved intelligent transport system, for the purposes of Chapter 7, has the meaning given by section 403.

"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 1m but not more than 2m.

"TCA" means Transport Certification Australia Limited ACN 113 379 936.

"Territory" means the Australian Capital Territory or the Northern Territory.

"the State" means the Crown in right of this jurisdiction, and includes--

(a) the Government of this jurisdiction; and

(b) a Minister of the Crown in right of this jurisdiction; and

(c) a statutory corporation, or other entity, representing the Crown in right of this jurisdiction.

"third party insurance legislation" means--

(a) legislation about compensation for third parties who are injured or killed by the use of motor vehicles or trailers; or

(b) legislation about payment of contributions towards compensation of that kind; or

(c) legislation requiring public liability insurance.

"this jurisdiction" --see the law of each participating jurisdiction for the meaning of this term.

"this Law" means--

(a) this Law as it applies as a law of a participating jurisdiction; or

(b) a law of a participating jurisdiction that--
(i) substantially corresponds to the provisions of this Law; or

(ii) is prescribed by the national regulations for the purposes of paragraph (a)(iii) of the definition
"participating jurisdiction" .

Note--: See also section 11.

"tow truck" means--

(a) a heavy motor vehicle that is--
(i) equipped with a crane, winch, ramp or other lifting device; and

(ii) used or intended to be used for the towing of motor vehicles; or

(b) a heavy motor vehicle to which is attached, temporarily or otherwise, a trailer or device that is--
(i) equipped with a crane, winch, ramp or other lifting device; and

(ii) used or intended to be used for the towing of motor vehicles.

"tractor" means a motor vehicle used for towing purposes, other than--

(a) a motor vehicle designed to carry goods or passengers; or

(b) a tow truck.

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

"trailer" means a vehicle that is built to be towed, or is towed, by a motor vehicle, but does not include a motor vehicle being towed.

"transport activities" means activities, including business practices and making decisions, associated with the use of a heavy vehicle on a road, including, for example--

(a) contracting, directing or employing a person--
(i) to drive the vehicle; or

(ii) to carry out another activity associated with the use of the vehicle (such as maintaining or repairing the vehicle); or

(b) consigning goods for transport using the vehicle; or

(c) scheduling the transport of goods or passengers using the vehicle; or

(d) packing goods for transport using the vehicle; or

(e) managing the loading of goods onto or unloading of goods from the vehicle; or

(f) loading goods onto or unloading goods from the vehicle; or

(g) receiving goods unloaded from the vehicle.

"transport documentation" means each of the following--

(a) each contractual document directly or indirectly associated with--
(i) a transaction for the actual or proposed road transport of goods or passengers or any previous transport of the goods or passengers by any transport method; or

(ii) goods or passengers, to the extent the document is relevant to the transaction for their actual or proposed road transport;

(b) each document--
(i) contemplated in a contractual document mentioned in paragraph (a); or

(ii) required by law, or customarily given, in connection with a contractual document or transaction mentioned in paragraph (a).

Examples--:
• bill of lading

• consignment note

• container weight declaration

• contract of carriage

• delivery order

• export receival advice

• invoice

• load manifest

• sea carriage document

• vendor declaration

Note--: See the definition
"document" in section 12 of Schedule 1.

"travel condition" has the meaning given by section 154.

"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 2m but not more than 3.2m.

"truck" means a rigid motor vehicle built mainly as a load carrying vehicle.

"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 1m but not more than 2m.

"two-up driving arrangement" , for the purposes of Chapter 6, has the meaning given by section 221.

"unattended" , for a heavy vehicle, for the purposes of Division 3 of Part 9.3, has the meaning given by section 515.

"under" , for a law or a provision of a law, includes--

(a) by; and

(b) for the purposes of; and

(c) in accordance with; and

(d) within the meaning of.

"unincorporated body" includes an unincorporated local government authority, but does not include an unincorporated partnership.

"unincorporated local government authority" means a local government authority that is not a body corporate.

"unload" and
"unloader" --
A person unloads goods in a heavy vehicle, and is an unloader of goods in a heavy vehicle, if the person is a person who--

(a) unloads from the vehicle, or any container that is in or part of the vehicle, goods that have been transported by road; or

(b) unloads from the vehicle a freight container, whether or not it contains goods, that has been transported by road.

"unregistered heavy vehicle" means a heavy vehicle that is not registered.

"unregistered heavy vehicle permit" means a permit granted or issued under an Australian road law authorising the use of an unregistered heavy vehicle on a road.

"use" , a heavy vehicle on a road, includes standing the vehicle on the road.

"vehicle condition" has the meaning given by section 154.

"vehicle defect notice" means a major defect notice, minor defect notice or self-clearing defect notice.

"vehicle identifier" , for the purposes of Division 6 of Part 9.3, has the meaning given by section 525.

"vehicle standards exemption" means--

(a) vehicle standards exemption (notice); or

(b) vehicle standards exemption (permit).

"vehicle standards exemption (notice)" has the meaning given by section 61(2).

"vehicle standards exemption (permit)" has the meaning given by section 68(2).

"VIN (vehicle identification number)" , for a heavy vehicle, means--

(a) for a heavy vehicle built before 1 January 1989 with an identification plate, the number quoted on the vehicle's identification plate that--
(i) uniquely identifies the vehicle and sets it apart from similar vehicles; and

(ii) corresponds to the identification number of the vehicle that is permanently recorded elsewhere on the vehicle; or

(b) otherwise, the unique vehicle identification number assigned to the heavy vehicle under the Motor Vehicle Standards Act 1989 of the Commonwealth.

"work" , in relation to a fatigue-regulated heavy vehicle, has the meaning given by section 221.

"work and rest change" , for the purposes of Chapter 6, has the meaning given by section 221.

"work and rest hours exemption" means--

(a) a work and rest hours exemption (notice); or

(b) a work and rest hours exemption (permit).

"work and rest hours exemption (notice)" has the meaning given by section 266(2).

"work and rest hours exemption (permit)" has the meaning given by section 273(2).

"work and rest hours option" , for the purposes of Chapter 6, has the meaning given by section 243.

"work diary" , for the purposes of Chapter 6, has the meaning given by section 221.

"work diary exemption" means--

(a) a work diary exemption (notice); or

(b) a work diary exemption (permit).

"work diary exemption (notice)" has the meaning given by section 357(2).

"work diary exemption (permit)" has the meaning given by section 363(2).

"work record" , for the purposes of Chapter 6, has the meaning given by section 221.

"work time" , for the purposes of Chapter 6, has the meaning given by section 221.

"written work diary" , for the purposes of Chapter 6, has the meaning given by section 221.

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