Vehicle and Traffic (Vehicle Operations) 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 Vehicle and Traffic Act 1999 .
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 Vehicle and Traffic (Vehicle Operations) 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 - Vehicle and Traffic (Vehicle Operations) Regulations 2001 Amended
In this Part, the Vehicle and Traffic (Vehicle Operations) Regulations 2001 are referred to as the Principal Regulations.
4. Regulation 3 amended (Interpretation)
Regulation 3 of the Principal Regulations is amended as follows:(a) by omitting the definition of articulated bus ;(b) by omitting the definition of B-double ;(c) by omitting the definition of complying bus ;(d) by omitting "trailer" second occurring from the definition of dog trailer and substituting "light trailer";(e) by omitting "semi-trailer" from the definition of dog trailer and substituting "light semi-trailer";(f) by inserting "within the meaning of the Heavy Vehicle National Law (Tasmania) Act 2013 " after "container" in the definition of large indivisible item ;(g) by inserting the following definitions after the definition of large indivisible item :light combination means a combination that is not a heavy combination within the meaning of the Heavy Vehicle National Law (Tasmania) Act 2013 ;light motor vehicle means a motor vehicle that is a light vehicle;light semi-trailer means a semi-trailer that is a light trailer;light trailer means a trailer that is not a heavy trailer within the meaning of the Heavy Vehicle National Law (Tasmania) Act 2013 ;(h) by omitting "vehicle" from the definition of livestock carrier and substituting "light vehicle";(i) by omitting the definitions of load-sharing suspension system , long vehicle sign and low loader dolly ;(j) by omitting "trailer" second occurring from the definition of pig trailer and substituting "light trailer";(k) by omitting the definition of section width .
5. Regulation 4 substituted
Regulation 4 of the Principal Regulations is rescinded and the following regulation is substituted:These regulations apply in respect of the use of a light motor vehicle or light combination on a public street, unless otherwise specified.
6. Part 2: Heading amended
Part 2 of the Principal Regulations is amended by omitting "VEHICLES AND COMBINATIONS" from the heading to that Part and substituting "LIGHT VEHICLES AND LIGHT COMBINATIONS".
7. Part 2, Division 1: Heading amended
Division 1 of Part 2 of the Principal Regulations is amended by omitting "vehicles" from the heading to that Division and substituting "light vehicles".
8. Regulation 6 amended (Maximum tyre pressures)
Regulation 6 of the Principal Regulations is amended as follows:(a) by omitting "vehicle" and substituting "light vehicle";(b) by omitting paragraphs (a) and (b) and substituting the following paragraphs:(a) the pressure recommended by the tyre manufacturer; or(b) 825 kilopascals in the case of a radial tyre; or(c) 700 kilopascals in any other case.
9. Regulation 7 rescinded
Regulation 7 of the Principal Regulations is rescinded.
10. Regulation 8 amended (Minimisation of dimensions)
Regulation 8 of the Principal Regulations is amended as follows:(a) by inserting in subregulation (1) "that is a light vehicle" after "oversize vehicle";(b) by omitting from subregulation (2) "vehicle or combination" and substituting "light vehicle or light combination".
11. Regulation 10 amended (Width)
Regulation 10(1) of the Principal Regulations is amended by omitting "vehicle" and substituting "light vehicle".
12. Regulation 11 substituted
Regulation 11 of the Principal Regulations is rescinded and the following regulation is substituted:11. Length of single light motor vehicles
A person must not use, or cause or permit the use of a light motor vehicle that exceeds 12.5 metres in length.
13. Regulation 12 amended (Length of certain light trailers)
Regulation 12 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "semi-trailer" and substituting "light semi-trailer";(b) by omitting from subregulation (2) "semi-trailer" first occurring and substituting "light semi-trailer";(c) by omitting from subregulation (3) "semi-trailer" and substituting "light semi-trailer";(d) by omitting from subregulation (3) "trailer" and substituting "semi-trailer".
14. Regulation 13 amended (Length of light combinations)
Regulation 13 of the Principal Regulations is amended by omitting "combination" and substituting "light combination".
15. Regulation 14 amended (Rear overhang)
Regulation 14 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "semi-trailer" and substituting "light semi-trailer";(b) by omitting from subregulation (2) "semi-trailer" and substituting "light semi-trailer";(c) by omitting from subregulation (4) "vehicle" and substituting "light vehicle";(d) by omitting from subregulation (5) "vehicle" and substituting "light vehicle";(e) by omitting from subregulation (6)(b) "any" second occurring and substituting "the vehicle or any".
16. Regulation 16 substituted
Regulation 16 of the Principal Regulations is rescinded and the following regulation is substituted:A person must not use, or cause or permit the use of –(a) a light vehicle, other than a livestock carrier, that exceeds 4.3 metres in height; or(b) a livestock carrier that exceeds 4.6 metres in height.
17. Regulation 17 amended (Ground clearance)
Regulation 17 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "motor vehicle or combination" first occurring and substituting "light motor vehicle or light combination";(b) by omitting from subregulation (2) "trailer" and substituting "light trailer".
18. Regulation 20 amended (Overmass light vehicles or light combinations)
Regulation 20 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "vehicle or combination" and substituting "light vehicle or light combination";(b) by omitting subregulation (2) and substituting the following subregulation:(2) A light vehicle or light combination is overmass if it exceeds any applicable limit prescribed in this Subdivision.
19. Regulations 21 and 22 substituted
Regulations 21 and 22 of the Principal Regulations are rescinded and the following regulation is substituted:22. Maximum wheel loads and axle loads
(1) A person must not use, or cause or permit the use of, a light vehicle on which the wheel load of a wheel or the aggregate axle load of an axle or axle group fitted to the vehicle exceeds –(a) the limit specified by the manufacturer of the wheel, axle or axle group; or(b) the GVM of the light vehicle or the GCM of the light motor vehicle in the combination.(2) A person must not use, or cause or permit the use of, a light vehicle if the load on a tyre exceeds the maximum load capacity determined for the tyre by its manufacturer.
20. Regulation 23 amended (Determination of wheel, single axle, axle group and aggregate axle loads)
Regulation 23 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "vehicle or combination" and substituting "light vehicle or light combination";(b) by omitting from subregulation (2) "vehicle or combination" and substituting "light vehicle or light combination";(c) by omitting from subregulation (4) "vehicle or combination" and substituting "light vehicle or light combination".
21. Regulation 24 amended (Certificates relating to wheel, single axle, axle group and aggregate axle loads)
Regulation 24 of the Principal Regulations is amended by omitting "vehicle or combination" first occurring and substituting "light vehicle or light combination".
22. Regulation 25 amended (Portable weighing devices)
Regulation 25(1) of the Principal Regulations is amended by omitting "vehicle or combination" and substituting "light vehicle or light combination".
23. Part 3: Heading amended
Part 3 of the Principal Regulations is amended by omitting "VEHICLES" from the heading to that Part and substituting "LIGHT VEHICLES".
24. Part 3, Division 1: Heading amended
Division 1 of Part 3 of the Principal Regulations is amended by omitting "vehicles" from the heading to that Division and substituting "light vehicles".
25. Regulation 26 amended (Standards for security of loads)
Regulation 26(1) of the Principal Regulations is amended by omitting "vehicle or combination" and substituting "light vehicle or light combination".
26. Regulation 27 amended (Loads on light vehicles)
Regulation 27 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "vehicle or combination" and substituting "light vehicle or light combination";(b) by omitting from subregulation (2) "vehicle or combination" first occurring and substituting "light vehicle or light combination".
27. Regulation 28 amended (More than one large indivisible item)
Regulation 28 of the Principal Regulations is amended by omitting "vehicle or combination" first occurring and substituting "light vehicle or light combination".
28. Regulation 29 amended (Freight container loads)
Regulation 29 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "vehicle" first occurring and substituting "light vehicle";(b) by omitting from subregulation (3) "vehicle" and substituting "light vehicle".
29. Regulation 30 amended (Dangerous projections)
Regulation 30 of the Principal Regulations is amended by omitting "vehicle" and substituting "light vehicle".
30. Regulation 31 amended (Warning requirements on projections)
Regulation 31 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "vehicle" first occurring and substituting "light vehicle";(b) by omitting from subregulation (2) "vehicle" first occurring and substituting "light vehicle".
31. Regulation 32 amended (Coupling of vehicles in light combinations)
Regulation 32 of the Principal Regulations is amended by omitting "combination" first occurring and substituting "light combination".
32. Regulation 33 amended (Light motor vehicles not to tow light trailers except in certain cases)
Regulation 33(1) of the Principal Regulations is amended as follows:(a) by omitting "motor vehicle that is a light vehicle" and substituting "light motor vehicle";(b) by omitting "trailer" first occurring and substituting "light trailer".
33. Regulation 34 substituted
Regulation 34 of the Principal Regulations is rescinded and the following regulation is substituted:34. Light motor vehicles towing more than one vehicle
A person must not use, or cause or permit the use of, a light motor vehicle to tow more than one other vehicle, unless the vehicles being towed –(a) comprise a light combination which is broken down or otherwise disabled and is being towed to the nearest safe place at which the vehicles of the combination can be separated; or(b) are constructed or adapted for the carriage of passengers for public entertainment and are used elsewhere than on a carriageway or footpath immediately adjacent to a carriageway.
34. Regulation 63 rescinded
Regulation 63 of the Principal Regulations is rescinded.
35. Regulation 64 amended (Load limit road signs)
Regulation 64 of the Principal Regulations is amended by inserting after subregulation (1) the following subregulation:(1A) This regulation applies to –(a) light vehicles and light combinations; and(b) heavy vehicles.
36. Schedule 1 rescinded
Schedule 1 to the Principal Regulations is rescinded.
37. Schedule 2 amended (Conditions to which an exemption may be subject)
Clause 8(1) of Schedule 2 to the Principal Regulations is amended by omitting "special purpose".
38. Schedule 3 amended (Warnings)
Schedule 3 to the Principal Regulations is amended by omitting Division 4 from Part 2 .
PART 3 - Vehicle and Traffic (Vehicle Operations) Regulations 2001 Further Amended
In this Part, the Vehicle and Traffic (Vehicle Operations) Regulations 2001 are referred to as the Principal Regulations.
40. Part 5 substituted
Part 5 of the Principal Regulations is rescinded and the following Part is substituted:PART 5 - Driving hours for light commercial busesIn this Part –driver means a person who, in the Commission's reasonable determination, is a regular, periodic or occasional driver of light commercial buses;driving time, of a person, means time that the person spends doing any or all of the following:(a) driving a light commercial bus;(b) being in the driver's seat of a light commercial bus while its engine is running;(c) being in a light commercial bus for the purposes of training, supervising or assessing another person who is driving the bus;employer means a person who employs people to drive light commercial buses;light bus means a motor vehicle that –(a) is designed and constructed to carry passengers and has a seating capacity of more than 12 adults, including the driver; and(b) has a GVM of 4.5 tonnes or less;light commercial bus means a light bus that is used to carry passengers for reward or other business purposes;manager means the person who, whether as an employee or agent of an operator, is responsible for–(a) rostering the driving time, work time or rest time of employed drivers; or(b) scheduling the transportation of people;offence means an offence against this Part;operator, of a light commercial bus, means –(a) a person who –(i) is responsible for controlling or directing the operations of the light commercial bus; or(ii) employs or contracts people to drive the light commercial bus; or(b) a self-employed driver of the light commercial bus;rest time means any time that is not work time;work time, of a person, means any or all of the following:(a) the person's driving time;(b) time that the person spends –(i) loading or unloading a light commercial bus; or(ii) inspecting or attending to a light commercial bus's load; or(iii) attending to the passengers of a light commercial bus; or(iv) soliciting or arranging orders for the transport of people, or carrying out other marketing tasks in relation to the operation of a light commercial bus; or(v) recording information or completing a document, whether in accordance with these regulations or otherwise, in relation to a light commercial bus or its operation; or(vi) assisting, supervising or assessing another person who is carrying out an activity referred to in this definition.This Part does not apply to a person who is driving an unladen light commercial bus in any of the following circumstances:(a) to test the performance of the vehicle for mechanical service or repair;(b) to demonstrate the vehicle to a prospective purchaser;(c) to test drive the vehicle;(d) to move the vehicle under the authority of a trade plate in accordance with regulation 91 of the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2010 .A person must not drive a light commercial bus if the person's total driving time, in the aggregate, exceeds –(a) 5 hours in the immediately preceding 5 hours and 30 minutes; or(b) 12 hours in the immediately preceding 24 hours; or(c) 72 hours in the immediately preceding 168 hours.A person must not drive a light commercial bus if the person's total work time, in the aggregate, exceeds –(a) 5 hours in the immediately preceding 5 hours and 30 minutes; or(b) 14 hours in the immediately preceding 24 hours; or(c) 72 hours in the immediately preceding 168 hours.A person must not drive a light commercial bus if he or she has not had rest time of at least –(a) 30 minutes in the immediately preceding 5 hours and 30 minutes, either in one continuous period or in 2 separate periods of at least 15 minutes each; and(b) 10 hours in the immediately preceding 24 hours, including one continuous period of 6 hours not in or on the light commercial bus; and(c) 384 hours in the immediately preceding 672 hours, including –(i) at least 4 separate periods not in or on the light commercial bus, each of 24 continuous hours; or(ii) 2 separate periods not in or on the light commercial bus, one of at least 72 continuous hours and the other of at least 24 continuous hours; or(iii) 2 separate periods not in or on the light commercial bus, each of at least 48 continuous hours; or(iv) one period of at least 96 continuous hours not in or on the light commercial bus.(1) A person must not, either directly or indirectly, ask, direct or require another person to do something if the first-mentioned person knows, or ought to know, that by complying the other person would, or would be likely to, commit an offence under this Part.(2) An operator must not allow a person to drive a light commercial bus for the operator if the operator knows, or ought to know, that by driving the vehicle the person would, or would be likely to, commit an offence under this Part.(3) An operator or manager must not roster driving time, work time or rest time for a person if the operator or manager knows, or ought to know, that by complying with the roster the person would, or would be likely to, commit an offence under this Part.(4) An operator or manager must not schedule the transport of people if the operator or manager knows, or ought to know, that by complying with the schedule the driver of a light commercial bus transporting the people would, or would be likely to, commit an offence under this Part.
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 Vehicle and Traffic (Vehicle Operations) Regulations 2001 , consequent on the enactment of the Heavy Vehicle National Law (Tasmania) Act 2013 by restricting the application of certain provisions to light vehicles.