Heavy Vehicle National Law (Tasmania) Regulations 2014
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Heavy Vehicle National Law (Tasmania) Act 2013 .
3 February 2014PETER G. UNDERWOOD
Governor
By His Excellency's Command,
D. J. O'BYRNE
Minister for Infrastructure
These regulations may be cited as the Heavy Vehicle National Law (Tasmania) Regulations 2014 .
(1) Except as provided by this regulation, these regulations take effect on the day on which section 4 of the Heavy Vehicle National Law (Tasmania) Act 2013 commences.(2) Subdivision 4 of Division 1 of Part 2 of Schedule 1 takes effect on the day on which section 31 of the Heavy Vehicle National Law (Tasmania) Act 2013 commences.
In these regulations Act means the Heavy Vehicle National Law (Tasmania) Act 2013 ;Heavy Vehicle (Mass Dimension and Loading) Regulation means the Heavy Vehicle (Mass Dimension and Loading) National Regulation, as made under the Heavy Vehicle National Law and applied in this jurisdiction by section 5 of the Act.
4. Modification of application of Heavy Vehicle (Vehicle Standards) Regulations
(1) In this regulation Heavy Vehicle (Vehicle Standards) means the Heavy Vehicle (Vehicle Standards) National Regulation, as made under the Heavy Vehicle National Law and applied in this jurisdiction by section 5 of the Act;specified heavy vehicle means a heavy vehicle that, immediately before the commencement day, was registered under the Vehicle and Traffic Act 1999 or a corresponding law.(2) Division 16 of Part 6 of Schedule 2 to the Heavy Vehicle (Vehicle Standards) does not apply to buses operating in this jurisdiction.(3) Regulation 21(4) of the Heavy Vehicle (Vehicle Standards) does not apply in this jurisdiction to (a) glazing, or coating, fitted before 1 October 1996 behind the rear of the driver's seat of a heavy motor vehicle; or(b) glazing, or coating, behind the rear of the driver's seat of a bus, stretch limousine, ambulance or hearse; or(c) glazing, or coating, adjacent to the rear of an area of a heavy motor vehicle designed and built to carry goods.(4) Regulation 99(1) of the Heavy Vehicle (Vehicle Standards) does not apply in this jurisdiction to (a) a specified heavy vehicle built with an exhaust system having an outlet that (i) is mounted at the front of the vehicle; and(ii) extends to the edge of the vehicles bodywork; or(b) a specified heavy vehicle, such as a tractor, built with an exhaust system having an outlet that is (i) mounted vertically at the front of the vehicle; and(ii) higher than the driver seated on the vehicle.
5. Modification of application of Heavy Vehicle (Mass, Dimension and Loading) Regulations
Regulations 11 and 36 of the Heavy Vehicle (Mass, Dimension and Loading) Regulation, do not apply in this jurisdiction to a person driving a heavy vehicle if (a) the accredited operator of the heavy vehicle was taken, pursuant to section 39(3) of the Act, to hold an accreditation under the Heavy Vehicle National Law (Tasmania) of a kind mentioned in section 458(b) of that Law; and(b) that accreditation has not expired or been renewed or cancelled under that Law.
6. Determination of wheel, single axle, axle group and aggregate axle loads
(1) An authorised officer may determine the wheel load, single axle load, axle group load or aggregate axle load of a heavy vehicle (a) by causing to be placed on a weighbridge (i) any wheel separately; or(ii) all the wheels on any single axle; or(iii) all the wheels on any axle group; or(iv) all the wheels on the vehicle; or(b) by causing to be placed on a portable weighing device or devices (i) any wheel separately; or(ii) the outer wheels on any single axle; or(iii) the outer wheels on each axle of any axle group; or(iv) the outer wheels on each axle of the vehicle.(2) A load, or the sum of any loads, determined under subregulation (1) is the wheel load, single axle load, axle group load or aggregate axle load, as the case may be, of the vehicle to which it relates, whether or not any wheel of the vehicle in relation to any other wheel of the vehicle was, at the time of determination, in alignment of the same horizontal plane, unless the divergence from that alignment exceeds 150 millimetres.(3) The aggregate axle load of a vehicle may be determined by adding together the axle loads of all the axles.
(1) Subject to subregulation (2) , an authorised officer may use a portable weighing device for the purpose of determining the wheel load, single axle load, axle group load or aggregate axle load of a heavy vehicle.(2) A portable weighing device is not to be used for the purpose of regulation 6 if (a) the load to be measured in any single weighing operation is less than one tonne or more than 9 tonnes; or(b) the portable weighing device has not been (i) tested by the testing authority within the previous 6 months; and(ii) shown to have a limit of error less than 2%; or(c) any repairs to the mechanism have been carried out since the device was last tested and the device has not again been tested.(3) In this regulation testing authority means the Secretary of the responsible Department in relation to the Roads and Jetties Act 1935 or a person authorised by the Secretary to test portable weighing devices.
8. Infringement notice offences
For the purposes of section 591 of the Heavy Vehicle National Law (Tasmania), a prescribed offence is an offence against a provision of the Heavy Vehicle National Law (Tasmania) or the national regulations specified in column 2 of the table in Part 2 of Schedule 1 .
SCHEDULE 1 - Infringement Notice Offences
PART 1 - Interpretation
1. In this Schedule HVNL means the Heavy Vehicle National Law (Tasmania);MDL means the Heavy Vehicle (Mass, Dimension and Loading) Regulation.
2. A reference in Part 2 of this Schedule to an Act or to a regulation, followed immediately by a number, is a reference to the provision of that Act or regulation that is so numbered.
PART 2 - Offences
Division 1 - Heavy Vehicle National Law (Tasmania)
Subdivision 1 - Vehicle operations standards and safety
Column 1 Item | Column 2 Offence | 1. | HVNL 60(1) | 2. | HVNL 79(2) | 3. | HVNL 81(1) | 4. | HVNL 81(2) | 5. | HVNL 81(3) | 6. | HVNL 82(2) | 7. | HVNL 82(3) | 8. | HVNL 83(1) | 9. | HVNL 83(2) | 10. | HVNL 83(3) | 11. | HVNL 85(1) | 12. | HVNL 85(2) | 13. | HVNL 86(2) | 14. | HVNL 89(1) | 15. | HVNL 90(1) | 16. | HVNL 90(2) | 17. | HVNL 90(3) | 18. | HVNL 92(2) |
Subdivision 2 - Vehicle operations mass, dimension and loading
Column 1 Item | Column 2 Offence | 19. | HVNL 96(1) | 20. | HVNL 102(1) | 21. | HVNL 109(2) | 22. | HVNL 111(1) | 23. | HVNL 129(1) | 24. | HVNL 129(2) | 25. | HVNL 129(3) | 26. | HVNL 130(2) | 27. | HVNL 130(3) | 28. | HVNL 131(1) | 29. | HVNL 132(2) | 30. | HVNL 132(3) | 31. | HVNL 133(1) | 32. | HVNL 133(2) | 33. | HVNL 133(3) | 34. | HVNL 134(1) | 35. | HVNL 134(2) | 36. | HVNL 137 | 37. | HVNL 150(1) | 38. | HVNL 151(2) | 39. | HVNL 151(3) | 40. | HVNL 152(1) | 41. | HVNL 152(2) | 42. | HVNL 152(3) | 43. | HVNL 153(1) | 44. | HVNL 153(2) | 45. | HVNL 181(3) | 46. | HVNL 183(2) | 47. | HVNL 184(1) | 48. | HVNL 185(1) | 49. | HVNL 185(2) | 50. | HVNL 190(1) | 51. | HVNL 191(1) | 52. | HVNL 191(3) | 53. | HVNL 192(1) | 54. | HVNL 192(2) |
Subdivision 3 - Vehicle operations speeding
Column 1 Item | Column 2 Offence | 55. | HVNL 219(1) |
Subdivision 4 - Vehicle operations driver fatigue
Column 1 Item | Column 2 Offence | 56. | HVNL 250(1) | 57. | HVNL 251(1) | 58. | HVNL 254(1) | 59. | HVNL 256(1) | 60. | HVNL 258(1) | 61. | HVNL 260(1) | 62. | HVNL 263(1) | 63. | HVNL 284(2) | 64. | HVNL 286(1) | 65. | HVNL 287(2) | 66. | HVNL 287(3) | 67. | HVNL 288(1) | 68. | HVNL 288(2) | 69. | HVNL 288(3) | 70. | HVNL 293(1) | 71. | HVNL 296(1) | 72. | HVNL 297(2) | 73. | HVNL 298(1) | 74. | HVNL 299 | 75. | HVNL 301 | 76. | HVNL 302 | 77. | HVNL 303 | 78. | HVNL 305(1) | 79. | HVNL 305(2) | 80. | HVNL 305(3) | 81. | HVNL 306 | 82. | HVNL 307(2) | 83. | HVNL 308(1) | 84. | HVNL 309(2) | 85. | HVNL 310(2) | 86. | HVNL 319(1) | 87. | HVNL 321(1) | 88. | HVNL 321(2) | 89. | HVNL 322(2) | 90. | HVNL 323(2) | 91. | HVNL 341(1) | 92. | HVNL 341(2) | 93. | HVNL 341(3) | 94. | HVNL 341(4) | 95. | HVNL 354(3) | 96. | HVNL 354(5) | 97. | HVNL 355(2) | 98. | HVNL 355(4) | 99. | HVNL 355(6) | 100. | HVNL 373(2) | 101. | HVNL 375 | 102. | HVNL 376(2) | 103. | HVNL 376(3) | 104. | HVNL 377 | 105. | HVNL 392(2) | 106. | HVNL 395 | 107. | HVNL 396(2) | 108. | HVNL 399(2) |
Subdivision 5 - Accreditation
Column 1 Item | Column 2 Offence | 109. | HVNL 467 | 110. | HVNL 468(1) | 111. | HVNL 468(3) | 112. | HVNL 469(2) | 113. | HVNL 470(3) | 114. | HVNL 470(8) | 115. | HVNL 471(2) | 116. | HVNL 471(3) | 117. | HVNL 476(2) |
Subdivision 6 - Enforcement
Column 1 Item | Column 2 Offence | 118. | HVNL 488 | 119. | HVNL 513(4) | 120. | HVNL 514(3) | 121. | HVNL 516(3) | 122. | HVNL 517(4) | 123. | HVNL 522(5) | 124. | HVNL 524(5) | 125. | HVNL 526(4) | 126. | HVNL 528(3) | 127. | HVNL 529 | 128. | HVNL 533(7) | 129. | HVNL 534(5) | 130. | HVNL 567(4) | 131. | HVNL 568(3) | 132. | HVNL 568(7) | 133. | HVNL 569(2) | 134. | HVNL 569(7) |
Division 2 - Heavy Vehicle (Mass, Dimension and Loading) National Regulation
Column 1 Item | Column 2 Offence | 135. | MDL 11(1) | 136. | MDL 16(2) | 137. | MDL 28 | 138. | MDL 34(2) | 139. | MDL 36(2) |
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 5 February 2014
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations (a) modify the application, in Tasmania, of certain provisions of the Heavy Vehicle (Vehicle Standards) National Regulation that relate to buses, window tinting of heavy vehicles, heavy vehicle's exhaust systems and the display of labels on heavy vehicles; and(b) provide for the determination of the mass and dimensions of heavy vehicles and their loads; and(c) prescribe offences for which infringement notices may be served under the Heavy Vehicle National Law (Tasmania).