Vehicle and Traffic (Vehicle Operations) Amendment Notice 2014

Vehicle and Traffic (Vehicle Operations) Amendment Notice 2014

The Transport Commission makes the following notice under regulation 45 of the Vehicle and Traffic (Vehicle Operations) Regulations 2001 .

1.   Short title

This notice may be cited as the Vehicle and Traffic (Vehicle Operations) Amendment Notice 2014 .

2.   Commencement

This notice takes effect on the day on which its making is notified in the Gazette.

3.   Principal Notice

In this notice, the Vehicle and Traffic (Vehicle Operations) Notice 2013 is referred to as the Principal Notice.

4.    Clause 3 amended (Interpretation)

Clause 3(1) of the Principal Notice is amended as follows:

(a) by inserting the following definition before the definition of agricultural combination :

additional mass, in relation to a vehicle or combination, means –

(a) in the case of a vehicle or combination with an 8-tyred tandem axle group, 0.5 tonnes; and

(b) in the case of a vehicle or combination with a 12-tyred tri-axle group, 2.5 tonnes;

(b) by omitting the definition of approved mass-management scheme and substituting the following definitions:

approved mass-management scheme means –

(a) an approved alternative compliance scheme under Part VII of the Traffic Act 1925 relating to mass management; or

(b) a scheme relating to mass management administered under a corresponding law;

certified road-friendly suspension means a suspension system certified as a road-friendly suspension system by the Vehicle Safety Standards Branch of the Commonwealth Department of Infrastructure and Transport in accordance with the Vehicle Standards Bulletin Number 11 (revised edition) published by that branch in July 2004, as amended or substituted from time to time;

declared higher mass limit road in relation to a vehicle or combination, means –

(a) for a vehicle or combination that is fitted with either a tandem or tri-axle group or both (other than a motor vehicle fitted with a 12-tyred tri-axle group), the roads specified in Schedule 4 ; and

(b) for any other vehicle or combination (including a motor vehicle fitted with a 12-tyred tri-axle group), any road specified in this notice in respect of that vehicle or combination, for the purposes of this definition;

5.    Part 4: Heading amended

Part 4 of the Principal Notice is amended by inserting in the heading to that Part "CERTIFIED" after "WITH".

6.    Clauses 10 and 11 substituted

Clauses 10 and 11 of the Principal Notice are rescinded and the following clauses are substituted:

10.   Exemption of vehicles with certified road-friendly suspension

(1)  Subject to the conditions specified in clause 11 , regulation 22(3)(e)(ii) , (4)(d)(ii) , (7)(a) and (d) of the Vehicle Operations Regulations does not apply to a person using, or causing or permitting the use of, a vehicle or combination if –

(a) the vehicle or combination is equipped with certified road-friendly suspension; and

(b) the vehicle or combination is fitted with –

(i) an 8-tyred tandem axle group; or

(ii) a 12-tyred tri-axle group; and

(c) in the case of a vehicle or combination that is fitted with a tri-axle group, the person on whose behalf the vehicle or combination is being used is accredited under an approved mass-management scheme.

(2)  Subclause (1) does not apply to –

(a) a pig trailer; or

(b) a vehicle or combination operating under an exemption under Divisions 1 , 2 and 7 of Part 7 ; or

(c) a vehicle or combination operating in accordance with an oversize and overmass permit issued under Division 3 of Part 6 of the Vehicle Operations Regulations; or

(d) a rigid truck towing a dog trailer.

11.   Conditions on exemption of vehicles with certified road-friendly suspension

The exemption under clause 10 is subject to the following conditions:

(a) the vehicle or combination is being used on a declared higher mass limit road;

(b) the mass of an 8-tyred tandem axle group fitted with certified road-friendly suspension system must not exceed 17 tonnes;

(c) the mass of a 12-tyred tri-axle group fitted with certified road-friendly suspension system must not exceed 22.5 tonnes;

(d) the aggregate axle load must not exceed the sum of the allowable axle loads of the axle groups in the combination;

(e) the vehicle or combination must not exceed the mass limits corresponding to the axle spacing specified in Schedule 2, exclusive of the additional mass, if any, for that vehicle or combination;

(f) in the case of a vehicle fitted with a tri-axle group, the certificate of accreditation under an approved mass-management scheme of the person on whose behalf the vehicle is being used must be carried in the vehicle and produced on demand to a police officer or an authorised officer.

7.    Clause 12 amended (Aggregate axle mass limit applicable to roads shown in Schedule 4)

Clause 12 of the Principal Notice is amended as follows:

(a) by omitting subclause (1) and substituting the following subclause:

(1)  Despite clause 5(a)(ii) , clause 5(b)(ii) and clause 17(b) , a B-double combination or a twin-steer prime mover and tri-axle semi-trailer combination may have an aggregate axle mass limit, not exceeding the maximum aggregate axle mass limits specified in subclause (2) , calculated in accordance with this Part, if  the combination is –

(a) equipped with certified road-friendly suspension; and

(b) being used on a declared higher mass limit road.

(b) by omitting paragraph (b) from subclause (2) .

8.    Part 4A inserted

After clause 12 of the Principal Notice , the following Part is inserted:

PART 4A - Higher Mass Limits for Truck and Dog Trailer Combinations with Road-friendly Suspension or Certified Road-friendly Suspension

12A.   Exemption of truck and dog trailer combinations with certain suspension

(1)  Subject to the conditions specified in clause 12B , regulation 22(3)(e)(ii) , (4)(d)(ii) , (7)(a) and (d) of the Vehicle Operations Regulations does not apply to a person using, or causing or permitting the use of, a combination consisting of a truck and dog trailer if –

(a) all axles of the combination, except for the steer axle of the truck, are equipped with air suspension, road-friendly suspension or certified road-friendly suspension; and

(b) the person on whose behalf the combination is being used is accredited under an approved mass-management scheme.

(2)  Subclause (1) does not apply to a tri-axle group fitted to a motor vehicle. 

12B.   Conditions on exemption of truck and dog trailer combinations with certain suspension

The exemption under clause 12A is subject to the following conditions:

(a) the combination is being used on a declared higher mass limit road;

(b) the mass of an 8-tyred tandem axle group fitted with a road-friendly suspension system or with certified road-friendly suspension must not exceed 17 tonnes;

(c) the mass of a 12-tyred tri-axle group fitted with a road-friendly suspension system or with certified road-friendly suspension must not exceed 22.5 tonnes;

(d) the aggregate axle load must not exceed the sum of the allowable axle loads of the axle groups in the combination;

(e) an axle or axle group fitted after 1 January 2000 must be fitted with certified road-friendly suspension;

(f) the combination must not exceed the mass limits corresponding to the axle spacing specified in Schedule 2 , exclusive of the additional mass, if any, for that combination;

(g) the certificate of accreditation under an approved mass-management scheme of the person on whose behalf the combination is being used must be carried in the combination and produced on demand to a police officer or an authorised officer.

12C.   Aggregate axle mass limit applicable to roads shown in Schedule 4

(1)  Despite clause 9(a)(ii) and clause 9(b)(ii) , a truck and dog trailer combination equipped with one or more road-friendly suspension systems or certified road-friendly suspension may have an aggregate axle mass limit, not exceeding the maximum aggregate axle mass limits specified in subclause (2) , calculated in accordance with this Part, if the vehicle or combination is being used on a declared higher mass limit road.

(2)  For the purpose of subclause (1) , an aggregate axle mass limit of 62 tonnes applies to a truck and dog trailer combination.

9.    Clause 46 amended (Expiry of notice)

Clause 46 of the Principal Notice is amended by omitting "one year" and substituting "3 years".

10.    Schedule 4 amended (Road Network for vehicles with road-friendly suspension)

Schedule 4 to the Principal Notice is amended by omitting "ROAD NETWORK FOR VEHICLES WITH ROAD-FRIENDLY SUSPENSION" from the heading to that Schedule and substituting "DECLARED HIGHER MASS LIMIT ROADS FOR CERTAIN VEHICLES".

This notice was made by the Transport Commission at a meeting held on 23 January 2014.

The common seal of the Transport Commission was affixed on 23 January 2013, in the presence of –

R. RUTHERFORD

Transport Commission

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 29 January 2014

This notice is administered in the Department of Infrastructure, Energy and Resources.

EXPLANATORY NOTE

(This note is not part of the notice)

(a) amending the provisions that relate to higher mass limits for vehicles with road-friendly suspension; and

(b) updating and revising certain definitions; and

(c) making other minor and consequential amendments.