(1) In these
regulations, unless the contrary intention appears—
"Act" means the Road Traffic Act 1961;
"ADR" (Australian Design Rule) means a national standard under the
Motor Vehicle Standards Act 1989 of the Commonwealth, as in force from
time to time;
"approved courier" means a person approved by the Commissioner of Police as a
courier for the purposes of Schedule 1 of the Act;
"average speed", in relation to a vehicle travelling between 2
average speed camera locations, means the average speed of the vehicle between
those locations calculated in accordance with section 175A(4)(b)(ii) of
the Act;
"average speed camera"—see regulation 38(3)(a);
"average speed camera location" has the same meaning as in section 175A
of the Act;
"average speed camera location offence" means—
(a) an
offence against rule 132(2) (Keeping to the left of a dividing line) or
rule 150(1) (Driving on or across a continuous white edge line) of the
Australian Road Rules ; or
(b) an
offence against regulation 39 of these regulations (Evasive action in
relation to average speed camera); or
(c) an
offence against section 164A(1) of the Road Traffic Act 1961
constituted of a contravention of or failure to comply with section 110
of the Act (Driving on sealed surface);
"B-double" means a combination consisting of a prime mover towing
2 semi-trailers, with the first semi-trailer being attached directly to
the prime mover by a fifth wheel coupling and the second semi-trailer being
mounted on the rear of the first semi-trailer by a fifth wheel coupling on the
first semi-trailer;
"bicycle trailer" means a trailer built for being towed by a bicycle;
"car" means a motor vehicle built mainly to carry people that—
(a)
seats not over 9 people (including the driver); and
(b) has
a body commonly known as a sedan, station wagon, coupe, convertible or
roadster; and
(c) has
4 or more wheels;
"car-type utility" or "car-type panel van" means a motor vehicle of the kind
commonly known as a utility or panel van of the same make as a factory
produced car and in which the forward part of the body and the greater part of
the mechanical equipment are the same as those in the car;
"Central Inspection Authority" means the Central Inspection Authority
established by Part 4A of the Act;
"commercial motor vehicle" means—
(a) a
light motor vehicle constructed or adapted solely or mainly for the carriage
of goods; or
(b) a
light motor vehicle of the type commonly called a utility; or
(c) a
bus that is a light motor vehicle;
"converter dolly" means a pig trailer with a fifth wheel coupling designed to
convert a semi-trailer into a dog trailer;
"device use detection camera" means a photographic detection device prescribed
for the purposes of section 175B of the Act;
Note—
See also regulations 29(1)(f) and 43B.
"device use offence" has the same meaning as in section 175B of the Act;
Note—
See also regulation 43A.
"dog trailer" means a trailer (including a trailer consisting of a
semi-trailer and converter dolly) with—
(a) 1
axle group or single axle at the front that is steered by connection to the
towing vehicle by a drawbar; and
(b) 1
axle group or single axle at the rear;
"electric personal transporter"—see regulation 64A;
"expiation notice" means an expiation notice under the
Expiation of Offences Act 1996 ;
"expiation reminder notice" means an expiation reminder notice under the
Expiation of Offences Act 1996 ;
"fifth wheel coupling" means a device (other than an upper rotating element
and a kingpin) used with a prime mover, semi-trailer or converter dolly
to—
(a)
permit quick coupling and uncoupling; and
(b)
provide for articulation;
"GDA94" means the Geocentric Datum of Australia as defined in Commonwealth of
Australia Gazette No 35 of 6 September 1995;
"GDA2020" has the same meaning as in the National Measurement
(Recognized-Value Standard of Measurement of Position) Determination 2017
made under section 8A of the National Measurement Act 1960 of the
Commonwealth;
"GTM" (gross trailer mass) means the maximum loaded mass transmitted to the
ground by the axles of a trailer when it is connected to a towing
vehicle—
(a) as
specified by the manufacturer; or
(b) as
specified by an Australian Authority if—
(i)
the manufacturer has not specified a maximum loaded mass
transmitted to the ground by the axles of the trailer when connected to a
towing vehicle; or
(ii)
the manufacturer cannot be identified; or
(iii)
the trailer has been modified to the extent that the
manufacturer's specification is no longer appropriate;
"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;
"prescribed certification mark" means the certification mark of—
(a)
Standards Australia; or
(b) a
body accredited under the system established by Australia and New Zealand
known as the Joint Accreditation System of Australia and New Zealand;
"prescribed part", of a photographic detection device, means—
(a) a
closed-circuit television camera; or
(b) an
induction loop vehicle detector; or
(c) a
piezoelectric traffic sensor; or
(d) a
Variable Speed Limit Sign,
that forms part of the device;
"reckless or dangerous driving offence" means an offence against
section 46(1) of the Act;
"recording media"—
(b) in
relation to a digital or other electronic camera—means any disk, card or
other thing used to store electronic records made by the camera;
"red light offence" means—
(a) an
offence against rule 56(1), 56(2), 59(1) or 60 of the Australian Road Rules ;
or
(b) an
offence against rule 123(a) of the Australian Road Rules constituted of
entering a level crossing while twin red lights are operating;
"registration offence" has the same meaning as in Schedule 1 of the
Motor Vehicles Act 1959 ;
"road train" means a combination, other than a B-double, consisting of a motor
vehicle towing at least 2 trailers, excluding any converter dolly supporting a
semi-trailer;
"Safe-T-Cam photographic detection device" means a photographic detection
device of a kind referred to in regulation 29(1)(d) that includes a
camera that, when activated, makes an electronic record of a vehicle at one of
2 points on a road, which electronic record, when used in conjunction with an
electronic record of the vehicle made by another such camera at the other
point, may be used for the purposes of calculating the time taken for the
vehicle to travel, or the speed of the vehicle, between the 2 points;
"Southern Expressway" means Road Number 6780 Southern Expressway
between—
(a) its
intersection with Road Number 6726 Panalatinga Road and Road Number 6203
Main South Road at Trott Park; and
(b) its
junction with Road Number 6203 Main South Road at Bedford Park;
"speeding offence" means—
(a) an
offence against section 45A or 45C(1) of the Act; or
(b) an
offence against a provision of Part 3 of the Australian Road Rules ; or
(c) an
offence against regulation 8(1), 8(2) or 8A(1) of the Road Traffic (Road
Rules—Ancillary and Miscellaneous Provisions) Regulations 2014 ;
"stub line"—see regulation 38;
"towtruck" has the same meaning as in the Motor Vehicles Act 1959 ;
"tractor" means a light motor vehicle used for towing purposes, other
than—
(a) a
motor vehicle designed to carry goods or passengers; or
(b) a
towtruck; or
(c) a
prime mover;
"Transport Department" means the administrative unit of the Public Service
that is responsible for assisting a Minister in the administration of the Act;
"Variable Speed Limit Sign" means a variable illuminated message device that
displays or is designed to display a speed limit sign.
(2) In these
regulations, "intersection", "level
crossing", " marked foot crossing", "speed limit
sign", " stop line", " traffic lights", "twin
red lights" and " variable illuminated message device" have the same
respective meanings as in the Australian Road Rules .
(3) In these
regulations, a reference to a prescribed part of a photographic detection
device—
(a)
includes a reference to more than 1 such prescribed part; and
(b) if
more than 1 such prescribed part forms part of a photographic detection
device, is a reference to any such part.
(4) For the purposes
of paragraph (b) of the definition of
"corresponding Authority" in section 5(1) of the Act—
(a) the
Authority as defined in the Road Transport Act 2013 of New South Wales is
declared to be the corresponding Authority for that State;
(b) the
chief executive for the purposes of the Transport Operations (Road Use
Management) Act 1995 of Queensland is declared to be the
corresponding Authority for that State;
(c) the
Corporation as defined in the Road Safety Act 1986 of Victoria is
declared to be the corresponding Authority for that State.
(5) For the purposes
of the definition of "corresponding law" in section 5(1) of the Act, the
following are declared to be corresponding laws:
(a) the
Road Transport Act 2013 of New South Wales;
(b) the
Transport Operations (Road Use Management) Act 1995 of Queensland;
(c) the
Road Safety Act 1986 of Victoria.
(6) For the purposes
of paragraph (a) of the definition of
"corresponding road law" in section 5(1) of the Act—
(a) the
Road Transport Act 2013 of New South Wales is declared to be a
corresponding road law for that State;
(b) the
Transport Operations (Road Use Management) Act 1995 of Queensland is declared
to be a corresponding road law for that State;
(c) the
Road Safety Act 1986 of Victoria is declared to be a corresponding road law
for that State.
(7) For the
purposes of the definition of "unladen mass" in section 5(1) of the Act, the
following equipment carried (either habitually or intermittently) on the
vehicle are prescribed equipment:
(a) the
following if carried on a vehicle other than a vehicle registered at
concessional registration fee rates for primary producers under section 34 of
the Motor Vehicles Act 1959 :
(i)
stock hurdles, stock crates, sheep gates, cages and other
similar equipment used to contain animals;
(ii)
containers and tanks used to carry solid, liquid or
gaseous loads;
(iii)
stake sides, drop sides, canopies, frames, tarpaulins and
other similar equipment used to contain or protect a load;
(b)
cranes, hoists, platforms and other similar equipment for the purpose of
loading or unloading goods;
(c)
air-conditioners, sleeping and cooking equipment, refrigeration units, radios
and tape recorders and similar equipment;
(d)
tools, tool boxes, towbars, spare tyres, roof racks and other similar spare
equipment;
(e) any
other equipment that is not part of a load and is usually carried on the
vehicle.
(7a) For the purposes
of the definition of "wheeled recreational device in section 5(1) of the
Act, a wheeled recreational device within the meaning of the
Australian Road Rules (but excluding an electric personal transporter) is
prescribed.
(7b) For the purposes
of the definition of "wheeled toy" in section 5(1) of the Act, a wheeled toy
within the meaning of the Australian Road Rules is prescribed.
(8) For the purposes
of these regulations, each edition of—
(a) an
Australian Standard (or AS) of a specified number; and
(b) an
Australian/New Zealand Standard (or AS/NZS) of the same number,
will be taken to be an edition of the same standard.