South Australian Numbered Acts South Australian Numbered Acts9—Amendment of section 5—Interpretation
(1) Section 5(1), definitions of "approved road transport compliance scheme", "associate" and "Australian police officer —delete the definitions
(2) Section 5(1), definition of "authorised officer —delete the definition and substitute:
"authorised officer" means—
(a) a person appointed as an authorised officer under section 35 or a person of a class of persons appointed as authorised officers under that section; or
(b) a police officer;
(3) Section 5(1), definition of "base"—delete the definition
(4) Section 5(1), definitions of "breach of a mass, dimension or load restraint requirement", "breach of a mass, dimension or load restraint requirement in this State", "breach of a mass, dimension or load restraint requirement in another jurisdiction", "breach of a vehicle standards or maintenance requirement" and "bus" —delete the definitions and substitute:
"breach of a light vehicle mass, dimension or load restraint requirement —see section 119;
"breach of a light vehicle standards or maintenance requirement —see section 116;
"bus" means a light motor vehicle built or fitted to carry more than 12 adults (including the driver);
(5) Section 5(1), definition of "combination"—delete "connected to one" and substitute:
towing 1
(6) Section 5(1), definition of "commercial motor vehicle —delete the definition
(7) Section 5(1), definition of "conduct"—delete the definition and substitute:
"conduct" means an act, or an omission to perform an act, or a state of affairs;
(8) Section 5(1), definitions of "consignee", "consignor" and "container weight declaration —delete the definitions
(9) Section 5(1), definitions of "drive" and "driver"—delete the definitions and substitute:
"drive" a vehicle includes be in control of the steering, movement or propulsion of the vehicle;
"driver" of a vehicle (other than a motor bike, bicycle, animal or animal-drawn vehicle) means the person driving the vehicle but does not include a person pushing a motorised wheelchair;
(10) Section 5(1), definition of "employee"—after "training" insert:
or a contract for services
(11) Section 5(1), definitions of "freight container" and "garage address"—delete the definitions and substitute:
"garage address" of a vehicle means—
(a) in the case of a vehicle normally kept at a depot when not in use—the principal depot of the vehicle; or
(b) in any other case—the address of the place of business or residence at which the vehicle is normally kept when not in use;
(12) Section 5(1), definition of "goods", (d)—delete paragraph (d) and substitute:
(d) fuel, water, lubricants and readily removable equipment required for the normal use of the vehicle in which they are carried; or
(e) personal items used by the driver of the vehicle, or someone else necessary for the normal use of the vehicle, in which they are carried;
(13) Section 5(1), definition of "heavy vehicle"—delete the definition and substitute:
"heavy vehicle" means a vehicle that is a heavy vehicle for the purposes of the Heavy Vehicle National Law (South Australia) ;
"Heavy Vehicle National Law (South Australia)" has the same meaning as in the Heavy Vehicle National Law (South Australia) Act 2013 ;
"Heavy Vehicle National Regulations (South Australia)" has the same meaning as in the Heavy Vehicle National Law (South Australia) Act 2013 ;
(14) Section 5(1), definitions of "legal entitlements" and "load"—delete the definitions and substitute:
"legal entitlements" of a vehicle (or component of a vehicle) means the particulars of the entitlements, conferred under an Australian road law, that authorise the vehicle (or component) to be operated on a road, and includes—
(a) any entitlements arising under or as affected by a permit, registration, authorisation, approval, exemption, notice or anything else given or issued in writing under such a law; and
(b) any entitlements arising under or as affected by restrictions, or by the application of restrictions, under an Australian road law or other laws (for example, sign-posted mass limits for bridges, hazardous weather condition permits, and special road protection limits);
"light motor vehicle" means a motor vehicle that is not a heavy vehicle;
"light vehicle" means a vehicle that is not a heavy vehicle;
"light vehicle mass and loading requirements"—see section 113;
"light vehicle mass, dimension or load restraint requirement" means—
(a) a light vehicle mass and loading requirement; or
(b) a requirement of the Australian Road Rules relating to mass limits where the mass limits are indicated by signs (for example, sign-posted bridge limits);
"light vehicle standards"—see section 111;
"load" of a vehicle, or in or on a vehicle, means—
(a) all the goods, passengers, drivers and other persons in or on the vehicle; and
(b) all fuel, water, lubricants and readily removable equipment carried in or on 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,
and includes a part of a load as so defined;
(15) Section 5(1), definitions of "loader", "mass and loading requirements" and "mass, dimension or load restraint requirement —delete the definitions
(16) Section 5(1), definition of "mass limit"—before "mass" second occurring insert:
light vehicle
(17) Section 5(1), definition of "minor risk breach —delete the definition
(18) Section 5(1), definition of "operator"—delete "controlling or directing the operation" wherever occurring and substitute in each case:
responsible for controlling or directing the use
(19) Section 5(1), definitions of "package", "packaging" and "packer"—delete the definitions
(20) Section 5(1), definition of "prime mover"—delete "built" and substitute:
designed
(21) Section 5(1), definitions of "public safety" and "quad-axle group"—delete the definitions and substitute:
"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
(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 any loads in or on them;
(22) Section 5(1), definitions of "reasonable steps defence", "registered industry code of practice" and "responsible entity —delete the definitions
(23) Section 5(1), definitions of "responsible person" and "run"—delete the definitions and substitute:
"responsible person" means a person having, at a relevant time, a role or responsibilities associated with road transport, and includes any of the following:
(a) an owner of a vehicle;
(b) a driver of a vehicle;
(c) an operator or registered operator of a vehicle;
(d) a person in charge or apparently in charge of a vehicle;
(e) a person in charge or apparently in charge of the garage address of a vehicle;
(f) a person in charge of premises entered by an authorised officer under this Act;
(g) an owner or operator of a weighbridge, or weighing facility, used to weigh vehicles or an occupier of premises where such a weighbridge or weighing facility is located;
(h) a person who controls or directly influences the loading or operation of a vehicle;
(i) an agent, employer, employee, contractor or subcontractor of a person referred to in any of the preceding paragraphs of this definition;
(24) Section 5(1), definitions of "semi-trailer" and "severe risk breach"—delete the definitions and substitute:
"semi-trailer" 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;
(25) Section 5(1), definition of "substantial risk breach —delete the definition and substitute:
"start", in relation to a vehicle's engine, includes run the engine;
(26) Section 5(1), definition of "transport documentation —delete ", sea carriage document, or container weight declaration" and substitute:
or sea carriage document
(27) Section 5(1), definitions of "two-up driver", "unit load" and "vehicle standards"—delete the definitions