Traffic (Compliance and Enforcement) Amendment (Heavy Vehicle) 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 Traffic Act 1925 .
3 February 2014PETER G. UNDERWOOD
Governor
By His Excellency's Command,
D. J. O'BYRNE
Minister for Infrastructure
PART 1 - Preliminary
These regulations may be cited as the Traffic (Compliance and Enforcement) Amendment (Heavy Vehicle) 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) Part 3 takes effect on the day on which section 31 of the Heavy Vehicle National Law (Tasmania) Act 2013 commences.
PART 2 - Traffic (Compliance and Enforcement) Regulations 2011 Amended
In this Part, the Traffic (Compliance and Enforcement) Regulations 2011 are referred to as the Principal Regulations.
4. Schedule 1 amended (Traffic infringement notice offences)
Part 2 of Schedule 1 to the Principal Regulations is amended as follows:(a) by omitting "– 625" from column 3 of item 78 in Division 1 ;(b) by omitting items 79 , 80 , 81 and 82 from Division 1 and substituting the following:
79.
Vehicle/load dimension offences – general
625-634
80.
Vehicle/load dimension offences – mass
635-645
81.
Load offences
646-652
82.
Towing offences
653-655
(c) by omitting "760" from column 3 of item 92 in Division 1 and substituting "759";(d) by omitting "– 762" from column 3 of item 93 in Division 1 ;(e) by omitting item 101 from Division 1 ;(f) by omitting items 624 , 625 , 626 , 627 , 628 , 629 , 630 , 631 , 632 , 633 , 634 , 635 , 636 , 637 , 638 , 639 , 640 , 641 , 642 , 643 , 644 , 645 , 646 , 647 , 648 , 649 , 650 , 651 , 652 , 653 , 654 , 655 , 656 , 657 and 658 from Subdivision 3 of Division 3 and substituting the following:
624.
VOR 6
Use/cause or permit the use of light vehicle with tyres exceeding pressure requirements
140
0
Vehicle/load dimension offences - general
625.
VOR 8(1)
Use/cause or permit the use of oversize vehicle that is light vehicle without booms fully retracted and the vehicle and load reduced to smallest practical dimensions
200
0
626.
VOR 8(2)
Use/cause or permit the use of light vehicle or light combination loaded so as not to minimise its dimensions
200
0
627.
VOR 10(1)
Use/cause or permit the use of light vehicle, inclusive of load, in contravention of vehicle width requirements
250
0
628.
VOR 11
Use/cause or permit the use of light motor vehicle in contravention of length requirements
250
0
629.
VOR 12(1) or (2)
Use/cause or permit the use of light semi-trailer or dog trailer in contravention of trailer length requirements
140
0
630.
VOR 13
Use/cause or permit the use of light combination in contravention of combination length requirements
250
0
631.
VOR 14 (1), (3), (4) or (5)
Use/cause or permit the use of light vehicle in contravention of rear overhang requirements
250
0
632.
VOR 15(1) or (2)
Use/cause or permit the use of dog or pig trailer in contravention of trailer drawbar length requirements
140
0
633.
VOR 16
Use/cause or permit the use of light vehicle or livestock carrier in contravention of vehicle height requirements
250
0
634.
VOR 17(1)
Use/cause or permit the use of light motor vehicle or light combination in contravention of ground clearance requirements
140
0
Vehicle/load dimension offences - mass
635.
VOR 20(1)
Use/cause or permit the use of overmass light vehicle or light combination (exceeding mass by not more than 1 tonne)
100
0
636.
VOR 20(1)
Use/cause or permit the use of overmass light vehicle or light combination (exceeding mass between 1 and 2 tonnes)
240
0
637.
VOR 20(1)
Use/cause or permit the use of overmass light vehicle or light combination (exceeding mass between 2 and 3 tonnes)
370
0
638.
VOR 20(1)
Use/cause or permit the use of overmass light vehicle or light combination (exceeding mass between 3 and 4 tonnes)
500
0
639.
VOR 20(1)
Use/cause or permit the use of overmass light vehicle or light combination (exceeding mass between 4 and 5 tonnes)
650
0
640.
VOR 22(1)
Use/cause or permit the use of light vehicle in breach of wheel load mass, or axle load mass, limit (exceeding mass by not more than 1 tonne)
100
0
641.
VOR 22(1)
Use/cause or permit the use of light vehicle in breach of wheel load mass, or axle load mass, limit (exceeding mass between 1 and 2 tonnes)
240
0
642.
VOR 22(1)
Use/cause or permit the use of light vehicle in breach of wheel load mass, or axle load mass, limit (exceeding mass between 2 and 3 tonnes)
370
0
643.
VOR 22(1)
Use/cause or permit the use of light vehicle in breach of wheel load mass, or axle load mass, limit (exceeding mass between 3 and 4 tonnes)
500
0
644.
VOR 22(1)
Use/cause or permit the use of light vehicle in breach of wheel load mass, or axle load mass, limit (exceeding mass between 4 and 5 tonnes)
650
0
645.
VOR 22(2)
Use/cause or permit the use of light vehicle with tyre load exceeding maximum load capacity as determined by tyre manufacturer
140
0
Load offences
646.
VOR 26(1)
Use/cause or permit the use of light vehicle or light combination without load placed, secured or restrained in accordance with standards recommended in the Load Restraint Guide
200
0
647.
VOR 27(1)
Use/cause or permit the use of light vehicle or light combination so loaded as to allow load to fall from vehicle, move or flap or sway so as to be likely to cause danger to person/property
330
0
648.
VOR 27(2)
Use/cause or permit the use of light vehicle or light combination so loaded as to allow sand, soil, rocks, stones or gravel to fall or be blown from vehicle
200
0
649.
VOR 31(1)(a)
Use/cause or permit the use of light vehicle with front load projection exceeding 1.2 metres (during daylight)
200
0
650.
VOR 31(1)(b)
Use/cause or permit the use of light vehicle with no red flag affixed to rear extremity of load exceeding 1.2 metres behind vehicle (during daylight)
200
0
651.
VOR 31(2)(a)
Use/cause or permit the use of light vehicle with front load projection exceeding 1.2 metres (at night)
250
0
652.
VOR 31(2)(b)
Use/cause or permit the use of light vehicle with no red light affixed to and clearly displayed at rear extremity of load exceeding 1.2 metres behind vehicle (at night)
250
0
Towing offences
653.
VOR 32
Use/cause or permit the use of light combination with coupling not securely fastened
250
0
654.
VOR 33(1)
Use/cause or permit the use of light motor vehicle to tow light trailer in excess of towing capacity of motor vehicle or towing attachment fitted to motor vehicle
200
0
655.
VOR 34
Use/cause or permit the use of light motor vehicle to tow more than one other vehicle when not permitted
200
0
Driving hours offences
735.
VSR 4(1)(a) as regards VSR 30(1A)
Use or cause/permit use of vehicle in contravention of vehicle standards - vehicle not designed/built/maintained in way that minimises likelihood of injury to person
140
0
(l) by inserting "light" after "use of" in column 3 of item 737 in Subdivision 4 of Division 3 ;(m) by omitting "32(1)" from column 2 of item 738 in Subdivision 4 of Division 3 and substituting "32";(n) by inserting "light" after "use of" in column 3 of item 738 in Subdivision 4 of Division 3 ;(o) by omitting items 739 , 740 and 741 from Subdivision 4 of Division 3 and substituting the following:
741.
VSR 4(1)(a) as regards VSR 33
Use or cause/permit use of light vehicle in contravention of vehicle standards - mudguards requirements
100
0
(p) by inserting "light" after "use of" in column 3 of item 743 in Subdivision 4 of Division 3 ;(q) by inserting "light" after "use of" in column 3 of item 744 in Subdivision 4 of Division 3 ;(r) by inserting "light" after "use of" in column 3 of item 745 in Subdivision 4 of Division 3 ;(s) by inserting "light" after "use of" in column 3 of item 746 in Subdivision 4 of Division 3 ;(t) by inserting "light" after "use of" in column 3 of item 747 in Subdivision 4 of Division 3 ;(u) by inserting "light" after "use of" in column 3 of item 748 in Subdivision 4 of Division 3 ;(v) by inserting "light" after "use of" in column 3 of item 749 in Subdivision 4 of Division 3 ;(w) by inserting "light" after "use of" in column 3 of item 750 in Subdivision 4 of Division 3 ;(x) by inserting "light" after "use of" in column 3 of item 751 in Subdivision 4 of Division 3 ;(y) by inserting "light" after "use of" in column 3 of item 752 in Subdivision 4 of Division 3 ;(z) by inserting "light" after "use of" in column 3 of item 753 in Subdivision 4 of Division 3 ;(za) by omitting "52," from column 2 of item 754 in Subdivision 4 of Division 3 ;(zb) by inserting "light" after "use of" in column 3 of item 754 in Subdivision 4 of Division 3 ;(zc) by inserting "light" after "use of" in column 3 of item 758 in Subdivision 4 of Division 3 ;(zd) by omitting items 759 , 760 , 761 and 762 from Subdivision 4 of Division 3 and substituting the following:
759.
VSR 4(1)(a) as regards VSR 60
Use or cause/permit use of light vehicle in contravention of vehicle standards - white or silver band requirements
100
0
Vehicle configuration offences
761.
VSR 4(1)(a) as regards VSR 62
Use or cause/permit use of light vehicle in contravention of vehicle standards - axle configuration requirements
100
0
Vehicle light offences
788.
VSR 4(1)(a) as regards VSR 142
Use or cause/permit use of light motor vehicle in contravention of vehicle standards - LPG fuel system requirements
140
0
General Offences
PART 3 - Traffic (Compliance and Enforcement) Regulations 2011 Further Amended
In this Part, the Traffic (Compliance and Enforcement) Regulations 2011 are referred to as the Principal Regulations.
6. Schedule 1 amended (Traffic infringement notice offences)
Part 2 of Schedule 1 to the Principal Regulations is amended as follows:(a) by omitting items 83 , 84 and 85 from Division 1 and substituting the following:
83.
Driving hours offences
656-673
(b) by omitting items 659 , 660 , 661 , 662 , 663 , 664 , 665 , 666 , 667 , 668 , 669 , 670 , 671 , 672 , 673 , 674 , 675 , 676 , 677 , 678 , 679 , 680 , 681 , 682 , 683 , 684 , 685 , 686 , 687 , 688 , 689 , 690 , 691 , 692 , 693 , 694 , 695 , 696 , 697 , 698 , 699 , 700 , 701 , 702 , 703 , 704 , 705 , 706 , 707 , 708 and 709 from Subdivision 3 of Division 3 and substituting the following:
656.
VOR 37(a)
Drive a light commercial bus when total aggregate driving time exceeds 5 hours in the immediately preceding 5 hours and 30 minutes
330
0
657.
VOR 37(b)
Drive a light commercial bus when total aggregate driving time exceeds 12 hours in the immediately preceding 24 hours by not more than one hour
330
0
658.
VOR 37(b)
Drive a light commercial bus when total aggregate driving time exceeds 12 hours in the immediately preceding 24 hours by more than one hour but less than 2 hours
600
0
659.
VOR 37(c)
Drive a light commercial bus when total aggregate driving time exceeds 72 hours in the immediately preceding 168 hours by not more than one hour
330
0
660.
VOR 37(c)
Drive a light commercial bus when total aggregate driving time exceeds 72 hours in the immediately preceding 168 hours by more than one hour but less than 2 hours
600
0
661.
VOR 38(a)
Drive a light commercial bus when total aggregate work time exceeds 5 hours in the immediately preceding 5 hours and 30 minutes by not more than one hour
330
0
662.
VOR 38(a)
Drive a light commercial bus when total aggregate work time exceeds 5 hours in the immediately preceding 5 hours and 30 minutes by more than one hour but less than 2 hours
600
0
663.
VOR 38(b)
Drive a light commercial bus when total aggregate work time exceeds 14 hours in the immediately preceding 24 hours by not more than one hour
330
0
664.
VOR 38(b)
Drive a light commercial bus when total aggregate work time exceeds 14 hours in the immediately preceding 24 hours by more than one hour but less than 2 hours
600
0
665.
VOR 38(c)
Drive a light commercial bus when total aggregate work time exceeds 72 hours in the immediately preceding 168 hours by not more than one hour
330
0
666.
VOR 38(c)
Drive a light commerical bus when total aggregate work time exceeds 72 hours in the immediately preceding 168 hours by more than one hour but less than 2 hours
600
0
667.
VOR 39(a)
Drive a light commercial bus without having had rest time of at least 30 minutes in the immediately preceding 5 hours and 30 minutes
330
0
668.
VOR 39(b)
Drive a light commercial bus without having had rest time of at least 10 hours, including one continuous period of 6 hours, in the immediately preceding 24 hours
330
0
669.
VOR 39(c)
Drive a light commercial bus without having had rest time of at least 384 hours in the immediately preceding 672 hours as prescribed
330
0
670.
VOR 40(1)
Knowingly ask, direct or require another person to commit an offence under Part 5 of the VOR
800
0
671.
VOR 40(2)
Operator allow a person to drive a light commercial bus knowing that person by driving the bus would, or would be likely to, commit an offence under Part 5 of the VOR
800
0
672.
VOR 40(3)
Operator or manager roster driving time, work time or rest time for a person knowing that by complying a person would, or would be likely to, commit an offence under Part 5 of the VOR
800
0
673.
VOR 40(4)
Operator or manager schedule the transport of people knowing that by complying with the schedule the driver of a light commerical bus would, or would be likely to, commit an offence under Part 5 of the VOR Exemption offences
800
0
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 5 February 2014
These regulations are administered in the Department of Infrastructure, Energy and Resources.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the Traffic (Compliance and Enforcement) Regulations 2011 by revising the schedule of traffic infringement notice offences in line with recent changes to the Vehicle and Traffic (Vehicle Operations) Regulations 2001 and the Vehicle and Traffic (Vehicle Standards) Regulations 2001 made consequent on the enactment of the Heavy Vehicle National Law (Tasmania) Act 2013 .