Vehicle and Traffic Amendment (Vehicle Operations) Act 2001

Vehicle and Traffic Amendment (Vehicle Operations) Act 2001

An Act to amend the Vehicle and Traffic Act 1999

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Vehicle and Traffic Amendment (Vehicle Operations) Act 2001 .

2.   Commencement

This Act commences on 1 January 2002.

3.   Principal Act

In this Act, the Vehicle and Traffic Act 1999 is referred to as the Principal Act.

4.    Section 3 amended (Interpretation)

Section 3(1) of the Principal Act is amended as follows:

(a) by inserting the following definition before the definition of ancillary certificate :

ADR means a national standard under the Motor Vehicle Standards Act 1989 of the Commonwealth, as amended and in force from time to time;

(b) by inserting the following definition after the definition of driver licence receipt :

escort vehicle means a vehicle that is being used –

(a) to transport a police officer or an authorised officer; and

(b) to warn other road users of the presence of an oversize vehicle or combination;

(c) by inserting the following definition after the definition of manufacturer :

mass includes weight;

(d) by inserting the following definitions after the definition of nominated configuration :

overmass means having a mass, including any load, that exceeds a prescribed mass limit under this Act;

oversize means having a dimension, including any load, that exceeds a prescribed dimension limit under this Act;

(e) by inserting the following definition after the definition of passenger vehicle :

pilot vehicle means a vehicle that –

(a) is being used to warn other road users of the presence of an oversize vehicle or combination; and

(b) is not an escort vehicle;

(f) by inserting the following definition after the definition of short term unregistered vehicle permit :

speed limiting device means a device that –

(a) prevents a vehicle from being driven on a level road at more than 100 kilometres an hour; and

(b) complies with ADR 65 for speed limiting devices, issued by the Commonwealth Department of Transport and Regional Services;

(g) by inserting the following definition after the definition of vehicle registration authority :

weighing device means a weighbridge or a portable weighing device;

(h) by omitting "trolley." from the definition of wheelchair and substituting "trolley;";

(i) by inserting the following definition after the definition of wheelchair :

wheel load means the mass transmitted to a road by the tyre of a vehicle wheel.

5.    Part 2: Heading amended

Part 2 of the Principal Act is amended by omitting "THE REGISTRAR" from the heading to that Part and substituting "ADMINISTRATION".

6.    Part 2, Division 1: Heading inserted

Part 2 of the Principal Act is amended by inserting the following heading before section 5 :

Registrar of Motor Vehicles

7.    Part 2, Division 2 inserted

After section 7 of the Principal Act , the following Division is inserted in Part 2:

Division 2 - Commission to administer vehicle operations

7A.   Commission to administer vehicle operations

The Commission is responsible for the administration of the provisions of this Act relating to vehicle operations.

8.    Section 40A amended (Vehicle standards)

Section 40A(2) of the Principal Act is amended by omitting paragraph (d) .

9.    Section 40B inserted

After section 40A of the Principal Act , the following section is inserted in Part 6:

40B.   Vehicle operations

(1)  The regulations may provide for matters relating to vehicle operations.

(2)  Without limiting the generality of subsection (1) , the regulations may prescribe requirements in relation to any or all of the following:

(a) masses and dimensions of vehicles and combinations and their loads;

(b) loads on vehicles and combinations, including the manner of loading and the carriage and security of loads;

(c) routes on which, and times at which, certain vehicles or combinations, or classes of vehicles or combinations, may travel;

(d) restrictions on the use of vehicles and combinations, and classes of vehicles and combinations, on public streets;

(e) methods for determining the mass and dimensions of vehicles, combinations and their loads;

(f) methods for testing instruments used for determining the mass and dimensions of vehicles, combinations and their loads;

(g) the carriage on vehicles and combinations of long, large, heavy or projecting loads;

(h) tyre pressures and axles;

(i) the fitting and use of speed limiting devices on vehicles;

(j) the number of hours for which a person may drive, or work in relation to, a vehicle or combination, or class of vehicles or combinations, and the rest periods required to be taken by that person;

(k) the use, carriage and keeping of logbooks in relation to specified classes of vehicles and combinations or other specified matters;

(l) the issue of certificates in relation to vehicle operations;

(m) vehicles that are towing or being towed, including permissible masses of such vehicles;

(n) pilot and escort vehicles;

(o) unladen vehicles;

(p) public safety, including signs and lights on vehicles and combinations.

(3)  Vehicle operations regulations may –

(a) prescribe, or provide for, conditional or unconditional exemptions from –

(i) vehicle operations requirements generally; and

(ii) a specified requirement relating to vehicle operations; and

(b) regulate the use of vehicles and combinations under such exemptions; and

(c) provide for any matter by applying, adopting or incorporating any guidelines, standards, codes or specifications relevant to vehicle use and safety –

(i) specifically or by reference; and

(ii) wholly or in part; and

(iii) as in force at a particular time or as amended and in force from time to time; and

(iv) with or without modification; and

(d) prescribe specifications for signs and the circumstances in which those signs may be used; and

(e) deal with incidental and ancillary matters.

10.    Section 41 amended (Registers)

Section 41 of the Principal Act is amended as follows:

(a) by inserting the following paragraph after paragraph (a) :

(ab) empower or require the Commission to keep any register that may be relevant to the Commission's functions under this Act; and

(b) by inserting in paragraph (d) "or the Commission" after "Registrar".

11.    Section 45 amended (Regulations generally)

Section 45 of the Principal Act is amended as follows:

(a) by omitting paragraph (b) from subsection (3) and substituting the following paragraph:

(b) in respect of such an offence, provide –

(i) for a first offence – for the imposition of a fine not exceeding 20 penalty units for an individual or 100 penalty units for a body corporate; and

(ii) for a second or subsequent offence – for the imposition of a fine not exceeding 40 penalty units for an individual or 200 penalty units for a body corporate.

(b) by inserting the following subsections after subsection (3) :

(3A)  Any of the regulations regulating or restricting the mass of a vehicle or combination and its load, either generally or on a particular street, at a particular location or in any particular circumstance, may provide that a court must impose an additional penalty for each offence.

(3B)  A penalty under subsection (3A) is to be calculated in the manner prescribed in the regulations, with reference to the amount by which the mass transmitted to the road by the vehicle or combination, or part of the vehicle or combination, exceeds that permitted by the regulations.

(c) by inserting the following subsection after subsection (6) :

(7)  Any penalty imposed by virtue of subsection (3A) on the conviction of a person for an offence –

(a) if the offence was committed on a State highway or subsidiary road within the meaning of the Roads and Jetties Act 1935 , is to be paid into the State Highways Trust Fund; and

(b) if the offence was committed elsewhere, is to be paid into the municipal fund of the council of the municipal area in which the place at which the offence was committed is situated.

12.    Section 46 amended (Power to stop and direct vehicle)

Section 46 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) "to stop the vehicle" and substituting "or combination to stop the motor vehicle or combination";

(b) by omitting paragraph (b) from subsection (1) and substituting the following paragraphs:

(b) so that the vehicle or combination, and any equipment associated with the vehicle or combination or its load may be inspected under this Part; or

(ba) so that the vehicle or combination, including its load, may be weighed or measured, or both weighed and measured, in accordance with this Act; or

(c) by inserting the following subsection after subsection (1) :

(1A)  A police officer or authorised officer may direct or signal the driver of a motor vehicle or combination to drive the vehicle or combination to –

(a) the nearest weighing device on the route on which the vehicle or combination is proceeding; or

(b) any weighing device, or place that in the officer's opinion is suitable for the use of a weighing device, within 10 kilometres of the place at which the direction is given.

(d) by inserting in subsection (2)(a) "or subsection (1A) " after "(1)";

(e) by inserting the following subsection after subsection (2) :

(3)  After being directed or signalled under subsection (1) or (1A) , a person must not unload the vehicle or combination or alter the position of the load, or cause or permit the vehicle or combination to be unloaded or the position of the load to be altered, until the vehicle or combination has been inspected in accordance with this Part.

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 25 penalty units; and

(b) a second or subsequent offence – a fine not exceeding 50 penalty units.

13.   Section 47 amended (Production of documents by drivers and persons in charge of vehicles)

Section 47(5) of the Principal Act is amended as follows:

(a) by inserting in paragraph (a)(iii) "or the Commission" after "Registrar";

(b) by inserting in paragraph (b)(iii) "or the Commission" after "Registrar".

14.    Section 48 amended (Miscellaneous document production requirements)

Section 48 of the Principal Act is amended as follows:

(a) by omitting from subsection (3) "or a trailer" second occurring and substituting ", trailer or combination";

(b) by inserting in subsection (3) "the Commission," after "by the Registrar,";

(c) by inserting in subsection (3) ", the Commission" after "of the Registrar";

(d) by inserting in subsection (3) "or combination" after "the vehicle";

(e) by inserting the following subsection after subsection (4) :

(4A)  The driver of a motor vehicle or combination, or any other person who uses a motor vehicle or combination, must, if asked to do so for sufficient reason by the Commission, a police officer or an authorised officer, deliver into the custody of the Commission or the officer making the request any document, record or logbook issued by the Commission, or required to be kept under this Act, in connection with the driving of vehicles.

Penalty:  Fine not exceeding 10 penalty units.

(f) by inserting in subsection (7)(c) "or the Commission" after "Registrar".

15.    Section 49 amended (Inspection of vehicles)

Section 49 of the Principal Act is amended as follows:

(a) by inserting in subsection (1) "or combination" after "a vehicle";

(b) by inserting in subsection (1)(d) "or combination" after "vehicle";

(c) by inserting the following paragraph after paragraph (e) in subsection (1) :

(ea) weighing or measuring, or both weighing and measuring, the vehicle or combination, or any part of the vehicle or combination, and its load; or

(d) by omitting paragraphs (b) and (c) from subsection (2) and substituting the following paragraph:

(b) inspect any load carried by the vehicle or combination.

(e) by inserting in subsection (3)(a) "or combination" after "vehicle";

(f) by inserting in subsection (3)(b)(i) "or combination" after "vehicle";

(g) by inserting in subsection (4) "or combination" after "charge of the vehicle";

(h) by inserting in subsection (4)(a) "or combination" after "vehicle";

(i) by inserting the following paragraphs after paragraph (a) in subsection (4) :

(ab) to place the vehicle or combination, or part of the vehicle or combination, on a weighing device;

(ac) to assist the officer to weigh or measure the vehicle or combination and its load;

(j) by inserting in subsection (4)(b) "or combination" after "vehicle";

(k) by inserting in subsection (4)(d) "or combination" after "vehicle";

(l) by inserting the following paragraph after paragraph (e) in subsection (4) :

(ea) if the officer considers it appropriate, to unload or partially unload the vehicle or combination, or alter its load, so that it complies with this Act;

(m) by omitting from subsection (4)(f) "freight" and substituting "load";

(n) by inserting in subsection (4)(f) "or combination" after "on the vehicle";

(o) by inserting in subsection (5) "or combination" after "considers the vehicle";

(p) by inserting in subsection (5) "or combination" after "of the vehicle";

(q) by omitting from subsection (5) "the vehicle" third occurring and substituting "it".

16.    Section 49A inserted

After section 49 of the Principal Act , the following section is inserted in Part 7:

49A.   Power to unload

(1)  A police officer or an authorised officer who reasonably suspects that a vehicle or combination is in breach of a mass or dimension limit or load security requirement may direct the driver to unload part or all of the load, secure the load, or cause part or all of the load to be unloaded or secured, so that the vehicle or combination complies with this Act.

(2)  A police officer or an authorised officer may direct the driver, before complying with subsection (1) , to drive or tow the vehicle or combination, or cause it to be driven or towed, to a place that in the officer's opinion is the nearest place of safety.

(3)  A person must not fail to comply with a direction under subsection (1) .

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 25 penalty units; and

(b) a second or subsequent offence – a fine not exceeding 50 penalty units.

17.    Section 52 amended (Powers of entry)

Section 52 of the Principal Act is amended as follows:

(a) by inserting the following paragraphs after paragraph (a) in subsection (1) :

(ab) to inspect the load on any such vehicle or combination; and

(ac) to inspect any documents issued by the Registrar or the Commission under this Act and any records or documents required to be kept at the premises for the purposes of this Act; and

(b) by omitting subsection (2) and substituting the following subsection:

(2)  In the course of carrying out an inspection under subsection (1) , the police officer or authorised officer may –

(a) direct a person to answer reasonable questions relating to the inspection; and

(b) make copies of, or take extracts from, records or documents referred to in subsection (1)(ac) .

18.    Section 55 amended (Verification of record)

Section 55 of the Principal Act is amended as follows:

(a) by inserting in subsection (1) "or the Commission" after "incomplete, the Registrar";

(b) by inserting in subsection (1)(a) "or the Commission" after "Registrar";

(c) by inserting in subsection (1)(b) "or the Commission" after "Registrar";

(d) by inserting in subsection (2) "or the Commission" after "Registrar".

19.    Section 57 amended (Registrar's power to fix fees)

Section 57 of the Principal Act is amended as follows:

(a) by inserting in subsection (1) "or the Commission" after "Registrar";

(b) by inserting in subsection (3) "or the Commission" after "Registrar".

20.    Section 64 amended (Offences of dishonesty)

Section 64 of the Principal Act is amended as follows:

(a) by inserting the following subparagraph after subparagraph (vii) in subsection (1)(a) :

(viii) an exemption from a requirement relating to vehicle standards or vehicle operations; or

(b) by inserting in subsection (2) ", exemption" after "permit";

(c) by inserting the following paragraph after paragraph (b) in subsection (3) :

(ba) dishonestly use an exemption granted under this Act to create the false impression that the person or a vehicle or combination is exempt from a requirement of this Act; or

(d) by inserting in subsection (4) ", exemption" after "trade plate";

(e) by inserting in subsection (5) ", exemption" after "trade plate".

21.    Section 66 substituted

Section 66 of the Principal Act is repealed and the following section is substituted:

66.   Property in documents

(1)  The Registrar retains property in any document, plate or device issued by the Registrar in connection with authorising the driving or use of a vehicle or combination.

(2)  The Commission retains property in any document issued by it in connection with authorising the driving or use of a vehicle or combination.

22.    Section 67 amended (Evidentiary certificates)

Section 67 of the Principal Act is amended as follows:

(a) by omitting from subsection (2A) "certifying that a person or vehicle" and substituting "or the Commission certifying that a person, vehicle or combination";

(b) by omitting from subsection (2B) "setting out the conditions on which a person or vehicle" and substituting "or the Commission setting out the conditions on which a person, vehicle or combination";

(c) by inserting in subsection (3) "or the Commission" after "Registrar";

(d) by inserting in subsection (4) "or the Commission" after "Registrar".

23.    Section 67A inserted

After section 67 of the Principal Act , the following section is inserted in Part 8:

67A.   Evidence of measurement

(1)  In any proceedings in a court, a certificate certifying a measurement in accordance with this Act is admissible in evidence and, in the absence of proof to the contrary, is proof of the accuracy of that measurement.

(2)  A certificate signed by a person authorised by the Secretary of the Department that, at a specified time on a specified date, a weighing device or other measuring instrument –

(a) was in proper working order; and

(b) was accurate; and

(c) had been tested in accordance with this Act; and

(d) was marked with the number specified in the certificate –

is admissible in evidence of the matter so certified and, in the absence of evidence to the contrary, as proof of those matters.

(3)  A certificate or copy of a certificate issued under the regulations and signed by a police officer, or an authorised officer, who inspected a vehicle or combination is evidence of the matters contained in the certificate, in particular –

(a) the mass of a vehicle or combination with or without its load; and

(b) the wheel load, single axle load, axle group load, aggregate axle load or mass on a tyre –

and, in the absence of evidence to the contrary, is proof of those matters.

(4)  A certificate signed by a police officer or an authorised officer certifying that a wheel, axle or tyre of the vehicle or combination is of a specified type or class is evidence of that matter and, in the absence of evidence to the contrary, is proof of that matter.

24.    Section 68A inserted

After section 68 of the Principal Act , the following section is inserted in Part 8:

68A.   Exemption not to affect liability

The fact that a person, vehicle or combination is operating in accordance with an exemption issued under this Act does not affect any liability for loss arising out of damage to a road or to the road infrastructure.

25.   Schedule 1 amended (Rates of Motor Tax)

Schedule 1 to the Principal Act is amended by omitting from Part 3 "the Traffic Act 1925", wherever occurring, and substituting "this Act".

26.   Local Government (Highways) Act 1982 amended

The Local Government (Highways) Act 1982 is amended as follows:

(a) by inserting in section 21(3) "and the Vehicle and Traffic Act 1999" after "the Traffic Act 1925";

(b) by omitting subsection (3) from section 44 and substituting the following subsection:

(3)  A notice for the purposes of subsection (1) is to be in accordance with a sign referred to in rule 103 of the Traffic (Road Rules) Regulations 1999 .

27.    Traffic Act 1925 amended

The Traffic Act 1925 is amended as follows:

(a) by omitting paragraph (q) from section 10(1) ;

(b) by omitting paragraph (ra) from section 10(1) ;

(c) by omitting subsection (7) from section 10 ;

(d) by omitting paragraph (b) from section 31(1) ;

(e) by omitting paragraph (f) from section 31(1) ;

(f) by omitting paragraph (q) from section 31(1) ;

(g) by omitting paragraph (w) from section 31(1) ;

(h) by omitting paragraphs (z) , (zaa) and (za) from section 31(1) ;

(i) by omitting paragraphs (zd) , (ze) and (zg) from section 31(1) ;

(j) by omitting subsections (2) , (3) , (4) and (6) from section 31 .

28.   Savings and transitional

The savings and transitional provisions set out in Schedule 1 have effect.

SCHEDULE 1 - Savings and transitional

Section 28

1.   Interpretation

In this Schedule –

commencement day means 1 January 2002;

Commission means the Transport Commission established under the Transport Act 1981 ;

former legislation means the Traffic Act 1925 as in force immediately before the commencement day;

new legislation means the Principal Act as amended by this Act;

permit means a special permit or a general permit;

Registrar means the Registrar of Motor Vehicles.

2.   Special permits

(1) Subject to subclause (2) , a special permit which was in force under the former legislation immediately before the commencement day is taken to be a special permit issued under the new legislation and remains in force for the balance of the period for which it was issued or for 12 months after the commencement day, whichever is the earlier.

(2) A special permit which was in force immediately before the commencement day may be varied, suspended or cancelled in accordance with the new legislation.

3.   General permits

A general permit which was in force under the former legislation immediately before the commencement day is taken to be an exemption by notice published in the Gazette under the new legislation and remains in force for the balance of the period for which it was issued or for 6 months after the commencement day, whichever is the earlier.

4.   Permits generally

(1) Any condition or provision of a permit remains in force, subject to the new legislation, as if it were a condition imposed under the new legislation.

(2) A reference in a permit to any provision under the former legislation is to be taken to be a reference to the corresponding provision under the new legislation.

(3) A requirement that a driver is to carry, and produce on demand, a permit issued under the former legislation is taken to be a condition of the permit issued under the new legislation.

5.   Applications

Any application received before the commencement day but not dealt with until after that day will be dealt with, subject to any inconsistencies, under the new legislation.

6.   Preservation of administrative decisions and acts

(1) Any administrative act done or decision made before the commencement day is effective (so far as relevant and applicable) subject to, and for the purposes of, the corresponding provisions of the new legislation.

(2) Any administrative act or administrative proceeding commenced (but not completed) under the former legislation may be continued and completed (so far as relevant and applicable) subject to, and for the purposes of, the new legislation.

7.   Exemptions under vehicle operations regulations not exhaustive

(1) In this clause,

provision means a provision of an enactment or of any subordinate legislation made under an enactment.

(2) Nothing in section 40B(3)(a) or (b) of the Principal Act as inserted by this Act is to be taken as preventing or limiting the operation of any other provision that may, whether directly or indirectly and whether exclusively or in association with other kinds of authorisations, have the effect of enabling the Commission, the Registrar or another person to authorise the use of a vehicle or combination on a public street contrary to any provision relating to vehicle operations or to otherwise exempt a person, vehicle or combination from any such provision.

(3) Subclause (2) has effect whether or not any regulations under section 40B(3)(a) or (b) of the Principal Act as inserted by this Act are made and whether or not any regulations so made are in force.

8.   Evidentiary certificates

If a certificate or other document was issued under the former legislation, and evidentiary value was assigned to the certificate or other document by that legislation, the certificate or document continues in force for the purposes of the corresponding provisions of the new legislation as if it were an evidentiary certificate issued under the new legislation.

[Second reading presentation speech made in:

House of Assembly on 3 OCTOBER 2001

Legislative Council on 10 OCTOBER 2001]