Vehicle and Traffic (Vehicle Operations) Regulations 2014
I, the Lieutenant-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 .
18 June 2014A. M. BLOW
Lieutenant-Governor
By His Excellency's Command,
M. T. (Rene) Hidding
Minister for Infrastructure
PART 1 - Preliminary
These regulations may be cited as the Vehicle and Traffic (Vehicle Operations) Regulations 2014 .
These regulations take effect on 1 July 2014.
In these regulations –Act means the Vehicle and Traffic Act 1999 ;aggregate axle load, in relation to a vehicle or combination, means the sum of the axle loads of all the axles of the vehicle or combination;agricultural implement means a vehicle without its own automotive power, built to perform agricultural tasks;axle group means a single axle group, tandem axle group, twinsteer axle group, tri-axle group or quad-axle group;axle load, in relation to a vehicle, means the sum of the wheel loads in respect of all the wheels on an axle or axle group of that vehicle;centre-line, of an axle group, means –(a) if the group consists of 2 axles, one of which is fitted with twice the number of tyres as the other axle, a line located one-third of the way from the centre-line of the axle with more tyres towards the centre-line of the axle with fewer tyres; and(b) in any other case, a line located midway between the centre-lines of the outermost axles of the group;converter dolly means a trailer that –(a) has –(i) one axle group or a single axle; and(ii) a fifth wheel coupling; and(b) is designed to convert a semi-trailer into a dog trailer;dog trailer means a light trailer, including a trailer consisting of a light semi-trailer and converter dolly, with –(a) one axle group or a single axle at the front that is steered by connection to the towing vehicle by a drawbar; and(b) one axle group or a single axle at the rear;drawbar means a part of a trailer, other than a semi-trailer, that connects the trailer body to a coupling for towing purposes;exemption means exemption from these regulations or the Vehicle Standards by means of a permit or a Gazette notice;fifth wheel coupling means a device, except the upper rotating element and the kingpin (which are parts of a semi-trailer), used with a prime mover, semi-trailer or converter dolly to allow quick coupling and uncoupling and to provide for articulation;Gazette notice means a notice made under Division 2 of Part 7 ;heavy combination has the same meaning as in the Heavy Vehicle National Law (Tasmania);Heavy Vehicle National Law (Tasmania) has the same meaning as in the Heavy Vehicle National Law (Tasmania) Act 2013 ;light combination means a combination that is not a heavy combination;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);night means the hours between sunset and sunrise;permit means a permit issued under Division 3 of Part 7 ;pig trailer means a light trailer that –(a) has one axle group or a single axle near the middle of its load-carrying surface; and(b) is connected to a towing vehicle by a drawbar;point of articulation means –(a) the axis of a kingpin for a fifth wheel; or(b) the vertical axis of rotation of a fifth wheel coupling; or(c) the vertical axis of rotation of a turntable assembly; or(d) the vertical axis of rotation of the front axle group, or single axle, of a dog trailer; or(e) the coupling pivot point of a semi-trailer;quad-axle group means a group of 4 axles in which the horizontal distance between the centre-lines of the outermost axles is more than 3.2 metres, but is not more than 4.9 metres;rear overhang, of a vehicle, means the distance between the rear overhang line and the rear of the vehicle, inclusive of any load;rear overhang line, of a vehicle, see regulation 6 ;retractable axle means an axle that can be raised so that the tyres on the axle do not touch the ground;single axle group means –(a) one axle; or(b) 2 axles with centres between transverse, parallel, planes spaced less than one metre apart;tandem axle group means a group of at least 2 axles, in which the horizontal distance between the centre-lines of the outermost axles is at least one metre, but not more than 2 metres;tri-axle group means a group of at least 3 axles, in which the horizontal distance between the centre-lines of the outermost axles is at least 2 metres but not more than 3.2 metres;twinsteer axle group means a group of 2 axles –(a) that –(i) is fitted to a motor vehicle; and(ii) has single tyres; and(iii) is connected to a common steering mechanism; and(b) in which the horizontal distance between the centre-lines of the axles is at least one metre, but not more than 2 metres;warning light means a warning light specified in Part 1 of Schedule 2 ;warning sign means a warning sign specified in Part 2 of Schedule 2 .
These regulations apply in respect of the use of vehicles and combinations on public streets.
These regulations do not apply in an emergency situation where –(a) a vehicle or combination is used or towed, or is intended to be used or towed –(i) to protect life or property; or(ii) to restore communication; or(iii) to restore the supply of energy or water; and(b) reasonable steps are taken to ensure that the vehicle or combination will not impose a safety risk or damage road infrastructure.
6. Meaning of rear overhang line
(1) For a vehicle with a single axle at the rear, the rear overhang line is a line running along the centre-line of the axle.(2) For a vehicle with an axle group at the rear comprising 2 axles, one of which is fitted with twice the number of tyres as the other, the rear overhang line is a line running parallel to the axles that is –(a) closer to the axle carrying the greater number of tyres than it is to the other axle; and(b) located at one-third of the distance between the 2 axles.(3) For a vehicle with an axle group at the rear that is not an axle group mentioned in subregulation (1) or (2) , the rear overhang line is a line running parallel to the axles down the centre-line of the axle group.(4) For the purpose of applying subregulation (1) , (2) or (3) to a vehicle, if an axle group includes at least one steerable axle, that axle is to be disregarded unless –(a) the group comprises only one axle and that axle is a steerable axle; or(b) all the axles in the axle group are steerable axles.
PART 2 - Limits for light vehicles and light combinations
Division 1 - Maximum tyre pressures for light vehicles
A person must not use, or cause or permit the use of, a light vehicle with pneumatic tyres inflated to a pressure exceeding –(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.
Division 2 - Minimisation of dimensions
(1) A person must not use, or cause or permit the use of, an oversize vehicle that is a light vehicle unless –(a) any booms are fully retracted; and(b) the vehicle and load are reduced to the smallest practicable dimensions.(2) A person must not use, or cause or permit the use of, a light vehicle or light combination unless it is loaded so as to minimise its dimensions.
Division 3 - Limits on dimensions
A reference in this Division to, or about, the measurements of a vehicle or combination is, except in regulation 12(1) , taken to be inclusive of any load.
(1) A person must not use, or cause or permit the use of, a light vehicle that exceeds 2.5 metres in width.(2) For the purposes of this regulation, the width of a light vehicle is to be measured without taking into account any of the following:(a) anti-skid devices mounted on wheels;(b) central tyre inflation systems;(c) lights;(d) mirrors;(e) reflectors;(f) signalling devices;(g) tyre pressure gauges.
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.
12. Length of certain light trailers
(1) A person must not use, or cause or permit the use of, a light semi-trailer or dog trailer on which –(a) the distance between the point of articulation at the front of the trailer and the rear overhang line exceeds 9.5 metres; or(b) the distance between the point of articulation at the front of the trailer and the rear of the trailer exceeds 12.3 metres.(2) A person must not use, or cause or permit the use of, a light semi-trailer unless any projection forward of the point of articulation at the front of the light semi-trailer is contained within a radius of 1.9 metres from the point of articulation.(3) If a light semi-trailer has 2 or more points of articulation at the front of the trailer, it must comply with subregulations (1) and (2) when measured at one of the points.
13. Length of light combinations
A person must not use, or cause or permit the use of, a light combination that exceeds 19 metres in length.
(1) A person must not use, or cause or permit the use of, a light semi-trailer or dog trailer if the rear overhang exceeds –(a) 60% of the distance between the point of articulation at the front and the rear overhang line; or(b) 3.7 metres.(2) A light semi-trailer with 2 or more points of articulation at the front must comply with subregulation (1) when measured at the same point used for measurement for compliance with regulation 12(3) .(3) A person must not use, or cause or permit the use of, a pig trailer if the rear overhang exceeds –(a) the length of the load-carrying area, or body, ahead of the rear overhang line; or(b) 3.7 metres.(4) A person must not use, or cause or permit the use of, a light vehicle not mentioned in subregulation (1) or (3) if the rear overhang exceeds –(a) 60% of the distance between the centre of the front axle and the rear overhang line; or(b) 3.7 metres.(5) For the purposes of this regulation, the rear overhang is measured at right angles between the rear overhang line of a vehicle and the rear of the vehicle or any load it is carrying.
(1) A person must not use, or cause or permit the use of, a dog trailer if the distance between the coupling pivot point on the drawbar of the trailer and the centre-line of the front axle group or of the front single axle of the trailer exceeds 5 metres.(2) A person must not use, or cause or permit the use of, a pig trailer if the distance between the coupling pivot point on a drawbar of the trailer and the centre-line of the axle group or single axle on the trailer exceeds 8.5 metres.
(1) In this regulation –livestock carrier means a light vehicle built to carry cattle, sheep, pigs or horses.(2) A person must not use, or cause or permit the use of –(a) a light vehicle that exceeds 4.3 metres in height; or(b) a livestock carrier that exceeds 4.6 metres in height.
(1) In this regulation –ground clearance, of a vehicle, means the minimum distance to the ground from a point on the underside of the vehicle, except a point on a tyre, wheel, wheel hub, brake backing plate or flexible mudguard or mudflap of the vehicle.(2) A person must not use, or cause or permit the use of, a light motor vehicle or light combination unless it has a ground clearance of at least –(a) 100 millimetres at any point within one metre of an axle; and(b) one-thirtieth of the distance between the centres of adjacent axles at the midpoint between them; and(c) at any other point, the distance that will allow the light motor vehicle or light combination to pass over a peak in the road with a gradient on either side of 1:15 if –(i) the wheels of one axle of the vehicle or combination are on the slope on one side of the peak; and(ii) the wheels of the next axle are on the slope on the other side.(3) Subregulation (2) does not apply to a light motor vehicle with less than 4 wheels or any light trailer towed by such a vehicle.
Division 4 - Mass
18. Interpretation of Division
A reference in this Division to, or about, the mass, wheel load, axle load, axle group load or aggregate axle load of a vehicle or combination is taken to be inclusive of any load.
19. Overmass light vehicles or light combinations
A person must not use, or cause or permit the use of, a light vehicle or light combination that is overmass.
20. 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.
PART 3 - Determination of loads on vehicles and combinations
21. Determination of wheel, single axle, axle group and aggregate axle loads
(1) For the purposes of these regulations, the wheel load, single axle load, axle group load or aggregate axle load of a vehicle or combination may be determined by a police officer, or an authorised officer, in accordance with this regulation.(2) A police officer or an authorised officer may determine the wheel load, single axle load, axle group load or aggregate axle load of a vehicle or combination –(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.(3) A load, or the sum of any loads, determined under subregulation (2) 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.(4) The aggregate axle load of a vehicle or combination may be determined by adding together the axle loads of all the axles.
22. Certificates relating to wheel, single axle, axle group and aggregate axle loads
Where the wheel load, single axle load, axle group load or aggregate axle load of a vehicle or combination is determined by a police officer or an authorised officer in accordance with regulation 21 , the officer must, as soon as practicable, issue to the driver of the vehicle a certificate showing particulars of the wheel load, single axle load, axle group load or aggregate axle load, as the case may be, of the vehicle or combination if –(a) the officer reasonably believes that an offence against these regulations has been committed; or(b) the driver of the vehicle requests a certificate.
(1) 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.(2) A police officer or 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 vehicle or combination.(3) A portable weighing device is not to be used for the purpose of regulation 21 if –(a) the load to be measured in any single weighing operation is less than 0.5 tonne or more than 10 tonnes; or(b) the portable weighing device has not been –(i) tested by the testing authority within the previous 12 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.(4) A certificate in a form approved by the Commission and signed by the testing authority is admissible as evidence and is, in the absence of proof to the contrary, proof –(a) that the portable weighing device to which it relates has been duly tested; and(b) of the accuracy of the device; and(c) of the fact that the person named in the certificate was in fact the Secretary of the responsible Department in relation to the Roads and Jetties Act 1935 or a person authorised by the Secretary for the purposes of this regulation.
PART 4 - Loads on light vehicles
Division 1 - Security of loads on light vehicles
24. Standards for security of loads
(1) In this regulation –Load Restraint Guide means a document of that name prepared by the NTC and published in the Commonwealth Gazette, as in force from time to time;NTC means the National Transport Commission established under the National Transport Commission Act 2003 of the Commonwealth.(2) A person must not use, or cause or permit the use of, a light vehicle or light combination on which the load is not placed, secured or restrained in accordance with the performance standards recommended in respect of that load in the Load Restraint Guide.(3) In proceedings for failure to comply with subregulation (2) –(a) a document purporting to be the Load Restraint Guide is to be taken to be the Load Restraint Guide; and(b) evidence that a load, or part of a load, has fallen off a vehicle or combination is evidence that the load was not properly placed, secured or restrained.
(1) A person must not use, or cause or permit the use of, a light vehicle or light combination on which the load is not safely and securely fastened so as to prevent –(a) the load, or any part of it, falling from the vehicle or combination; and(b) any unnecessary movement of the load in relation to the vehicle or combination; and(c) the load flapping or swaying so as to cause, or be likely to cause, danger to any person or property.(2) A person must not use, or cause or permit the use of, a light vehicle or light combination with a load consisting of sand, soil, rocks, stones, gravel or similar material unless it is loaded to prevent any portion of that material from falling or being blown from the light vehicle or light combination.
26. More than one large indivisible item
(1) In this regulation –large indivisible item means an item, other than a freight container within the meaning of the Heavy Vehicle National Law (Tasmania), that –(a) cannot, without disproportionate effort, expense or risk of damage, be divided into 2 or more smaller items; and(b) cannot be carried on any vehicle without exceeding a mass or dimension limit specified in Part 2 .(2) A person must not use, or cause or permit the use of, a light vehicle or light combination carrying more than one large indivisible item unless the light vehicle or light combination, including its load, complies with Division 4 of Part 2 .
Division 2 - Projections
A person must not use, or cause or permit the use of, a light vehicle with a load that projects in a way that is dangerous to a person or property, even if the dimension limits and warning requirements specified in this Division are complied with.
A person must not use, or cause or permit the use of, a light vehicle with a load that projects from the outermost part of either side of the vehicle by more than 150 millimetres.
29. Warning requirements on projections
(1) In this regulation-daylight means the hours between sunrise and sunset.(2) During daylight, a person must not use, or cause or permit the use of, a light vehicle carrying a load if the load projects more than –(a) 1.2 metres in front of the vehicle; or(b) 1.2 metres behind the vehicle, unless a brightly coloured red, yellow, or red and yellow, flag, at least 300 millimetres long and at least 300 millimetres wide, is affixed to the rear extremity of the load.(3) At night, a person must not use, or cause or permit the use of, a light vehicle carrying a load if the load projects more than –(a) 1.2 metres in front of the vehicle; or(b) 1.2 metres behind the vehicle, unless a red light, which is clearly visible at a distance of at least 200 metres, is affixed to the rear extremity of the load.
PART 5 - Towing of vehicles
30. Coupling of vehicles in light combinations
A person must not use, or cause or permit the use of, a light combination unless each vehicle in the combination is securely fastened to the vehicle towing it by a coupling that complies with the Vehicle Standards.
31. Light motor vehicles not to tow trailers except in certain cases
(1) In this regulation –towing capacity of the motor vehicle means –(a) the towing capacity of the motor vehicle as specified by the manufacturer of the motor vehicle; or(b) if the towing capacity is not specified or is not able to be identified –(i) 1.5 times the unloaded mass of the motor vehicle, if the trailer is fitted with brakes that are in working order; or(ii) the unloaded mass of the motor vehicle, if the trailer is not fitted with brakes that are in working order;towing capacity of the towing attachment means the towing capacity of the towing attachment as specified by its manufacturer.(2) A person must not use, or cause or permit the use of, a light motor vehicle to tow a trailer if the trailer has a loaded mass exceeding –(a) the towing capacity of the motor vehicle; or(b) the towing capacity of the towing attachment fitted to the motor vehicle.
32. 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 combination which has broken down or is 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.
PART 6 - Driving hours, national driver work diaries and driving hours records
Division 1 - Driving hours
In this Part –commercial bus means a specified bus that is used to carry passengers for reward or other business purposes;consignee, of goods, means a person who –(a) is named or otherwise identified, with his or her authority, as the intended recipient of the goods in any transport documentation relating to the transport of the goods by road; or(b) receives the goods at the completion of their transport by road;consignor, of goods, means a person who –(a) engages another person, directly or through an agent or intermediary, to transport the goods by road; and(b) has possession or control of the goods before they are transported; and(c) is not the employer of the driver of the controlled vehicle that transports the goods;controlled vehicle means a commercial bus or heavy truck, but does not include plant or a motor home;corresponding authority means an authority in another jurisdiction that has powers to –(a) issue national driver work diaries; or(b) administer a corresponding fatigue law;corresponding fatigue law means a law in force in another State or a Territory that –(a) provides for the same, or substantially the same matters as Chapter 6 of the Heavy Vehicle National Law as set out in the Schedule to the Heavy Vehicle National Law Act 2012 of Queensland; or(b) is declared by the Minister under regulation 34 to be a corresponding fatigue law;driver means a person who, in the Commission's reasonable determination, is a regular, periodic or occasional driver of controlled vehicles;driving hours record means a logbook containing a record required to be maintained in accordance with regulation 47 ;driving time, of a person, means time that the person spends doing any or all of the following:(a) driving a controlled vehicle;(b) being in the driver's seat of a controlled vehicle while its engine is running;(c) being in a controlled vehicle for the purposes of training, supervising or assessing another person who is driving the vehicle;employer means a person who employs people to drive controlled vehicles;garage address, of a heavy truck, means the principal depot or base of operations of the heavy truck;heavy truck means a motor vehicle, other than a bus, that –(a) has a GVM exceeding 12 tonnes; or(b) forms part of a combination where the GVM of the vehicles in the combination exceeds, in the aggregate, 12 tonnes;interstate driver means a driver –(a) who holds an Australian driver licence in a jurisdiction other than Tasmania; and(b) who is driving a heavy truck with a garage address outside Tasmania; and(c) whose current stay in Tasmania is for a period of not more than 3 months;local area work means work undertaken in Tasmania by a driver who is not an interstate driver;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 of controlled vehicles; or(b) scheduling the transportation of people or goods;motor home means a rigid or articulated motor vehicle or combination that is built, or permanently modified, primarily for residential purposes, but does not include a motor vehicle only because it is constructed with a sleeper berth;national driver work diary means a logbook of driving time, work time (that is not driving time) and rest time required to be –(a) maintained in accordance with regulation 40 ; or(b) kept under a corresponding fatigue law;nominee means a person nominated by a driver in accordance with regulation 53 to complete the driving hours record or national driver work diary on behalf of that driver;operator, of a controlled vehicle, means –(a) a person who –(i) is responsible for controlling or directing the operations of the vehicle; or(ii) employs or contracts people to drive the vehicle; or(b) a self-employed driver of the vehicle;plant includes a motor vehicle that –(a) is built, or permanently modified, primarily to operate as a machine or implement –(i) off-road; or(ii) on an area of road that is under construction; and(b) is not designed for carrying goods or passengers;rest time means any time that is not work time;specified bus means a motor vehicle that is designed and constructed to carry passengers and has a seating capacity of more than 12 adults, including the driver;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 controlled vehicle; or(ii) inspecting or attending to a controlled vehicle's load; or(iii) attending, in the case of a commercial bus, to a controlled vehicle's passengers; or(iv) soliciting or arranging orders for the transport of people or goods or carrying out other marketing tasks in relation to the operation of a controlled vehicle; or(v) recording information or completing a document, whether in accordance with these regulations or otherwise, in relation to a controlled vehicle or its operation; or(vi) assisting, supervising or assessing another person who is carrying out an activity referred to in this definition.
(1) The Minister may, by notice published in the Gazette, declare a law of another State or a Territory to be a corresponding fatigue law for the purposes of these regulations(2) A notice under subregulation (1) is a statutory rule for the purposes of the Rules Publication Act 1953 .
This Part does not apply to a person who is driving –(a) a heavy truck that is being used by the State Emergency Service, the Police Service, the Tasmania Fire Service, the Tasmanian Ambulance Service, the Australian Defence Force or Airservices Australia Aviation Rescue and Fire Fighting; or(b) an unladen controlled vehicle in any of the following circumstances:(i) to test the performance of the vehicle for mechanical service or repair;(ii) to demonstrate the vehicle to a prospective purchaser;(iii) to test drive the vehicle;(iv) 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 controlled vehicle 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 controlled vehicle 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.
(1) A person must not drive a heavy truck 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 truck; and(c) 96 hours in the immediately preceding 168 hours, including one continuous period of 24 hours not in or on the truck.(2) A person driving a heavy truck may spend the continuous period of 6 hours referred to in subregulation (1)(b) in or on the truck if the truck is fitted with a sleeper berth that complies with ADR 42.(3) A person must not drive a 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 commercial bus; and(c) 384 hours in the immediately preceding 672 hours, including –(i) at least 4 separate periods not in or on the commercial bus, each of 24 continuous hours; or(ii) 2 separate periods not in or on the 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 commercial bus, each of at least 48 continuous hours; or(iv) one period of at least 96 continuous hours not in or on the 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) A consignor must not engage a person to transport goods by road if the consignor knows, or ought to know, that by complying with an express or implied condition of the engagement the driver of a controlled vehicle transporting the goods would, or would be likely to, commit an offence under this Part.(3) A consignee must not engage in conduct if the consignee knows, or ought to know, that such conduct would, or would be likely to, induce or reward the commission of an offence under this Part.(4) An operator must not allow a person to drive a controlled vehicle 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.(5) 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.(6) An operator or manager must not schedule the transport of people or goods if the operator or manager knows, or ought to know, that by complying with the schedule the driver of a controlled vehicle transporting the people or goods would, or would be likely to, commit an offence under this Part.
Division 2 - National driver work diaries
40. Carriage of national driver work diary
(1) The Commission, in writing, may direct the driver of a controlled vehicle to –(a) obtain a national driver work diary; and(b) carry the national driver work diary in the controlled vehicle when driving that vehicle; and(c) record his or her driving time, work time (that is not driving time) and rest time in respect of that vehicle in the national driver work diary.(2) A person must comply with a direction given under this regulation.(3) An interstate driver must continue to carry and maintain his or her national driver work diary while in this State.
41. Inspection of national driver work diary
(1) An authorised officer or a police officer may require a driver of a controlled vehicle to produce immediately for inspection his or her national driver work diary in respect of the preceding 28 days.(2) A driver must comply with a requirement under subregulation (1) .
42. Production of national driver work diary
(1) The Commission may direct, in writing, a driver of a controlled vehicle to produce his or her national driver work diary to the Commission, or to give the Commission such information from the national driver work diary as the Commission specifies in the direction, within 28 days.(2) A driver must comply with a requirement under subregulation (1) .
43. Delivery of national driver work diary into custody
If the Commission, a police officer or an authorised officer asks a driver to deliver his or her national driver work diary into the custody of the Commission or officer under section 48(4A) of the Act, the driver must –(a) sign and date the national driver work diary at or near the last entry; and(b) immediately commence and maintain another national driver work diary.
44. Application for national driver work diary
(1) A driver of a controlled vehicle may apply to the Commission for the issue of a national driver work diary (including a replacement national driver work diary) at any time, whether the Commission requires the driver to carry a national driver work diary or not.(2) An application is to be in a form approved by the Commission.(3) If the application is for a national driver work diary to replace a national driver work diary (the "existing work diary") that has been previously issued to the driver, whether in this State or under a law of another jurisdiction, the driver must give the existing work diary to the Commission with the application unless the existing work diary has been lost, stolen or destroyed.(4) If the driver gives the existing work diary to the Commission, the Commission must –(a) cancel any unused daily sheets in the work diary; and(b) return the work diary to the driver when the Commission issues the replacement work diary to the driver.(5) If the application is for a national driver work diary to replace a national driver work diary that has been lost, stolen or destroyed, the application must –(a) state the national driver work diary's number and that it has been lost, stolen or destroyed; and(b) be accompanied by a statutory declaration outlining the circumstances of the loss, theft or destruction.
45. Issue of national driver work diary
(1) The Commission must issue a national driver work diary to a driver if the driver –(a) applies to the Commission and provides any identification as required by the Commission; and(b) pays any relevant fee.(2) On issue of a national driver work diary to a person who –(a) resides in Tasmania, the Commission must annotate the national driver work diary to include the date, time and place of issue; or(b) resides in another jurisdiction, the Commission must provide the following information to the relevant corresponding authority:(i) the driver's name and licence number;(ii) the identifying number for the national driver work diary;(iii) the time, date and place the national driver work diary was issued.(3) The Commission may, on request of a corresponding authority, provide details of any national driver work diaries issued to any driver nominated by that authority.
46. Exemption from recording requirements
If, on the day on which the Vehicle and Traffic (Vehicle Operations) Amendment Regulations 2008 commenced, a driver had an exemption under regulation 42G of the Vehicle and Traffic (Vehicle Operations) Regulations 2001 from the recording requirements in relation to a national driver logbook, that driver is taken to have an exemption under regulation 53 from the recording requirements in relation to a national driver work diary issued under regulation 42AA of the Vehicle and Traffic (Vehicle Operations) Regulations 2001 .
Division 3 - Driving hours record for local area work
(1) In this regulation –change of activity means a change from –(a) driving time to other work time; or(b) work time (other than driving time) to driving time; or(c) driving time to rest time; or(d) rest time to driving time; or(e) work time to rest time; or(f) rest time to work time.(2) Unless he or she is an interstate driver, the driver of a heavy truck engaged in local area work must maintain a driving hours record of his or her work time (that is not driving time), rest time and driving time for each day.(3) The operator of a heavy truck must provide the driver with some means of recording the driver's local area work.(4) Before his or her first period of work time each day, the driver of a heavy truck must record the following information in his or her driving hours record:(a) the date and time;(b) his or her name;(c) his or her current driver licence number;(d) his or her location.(5) Before driving a heavy truck, the driver must record the registration number, odometer reading and location of the heavy truck in his or her driving hours record.(6) A driver of a heavy truck must maintain his or her driving hours record in a permanent and easily readable and understandable form.(7) Subject to subregulation (8) , at each change of activity on each day, a driver of a heavy truck must record the following information in his or her driving hours record:(a) the change of activity;(b) the date, location and odometer reading of the heavy truck at each change of activity, if the date, location or odometer reading has changed from the previous entry in the record.(8) If a driver of a heavy truck does not reasonably expect his or her work time to exceed 12 hours in a 24-hour period, he or she is not required to record each change from driving time to other work time for that 24-hour period.(9) At least every 24 hours, a driver of a heavy truck must verify the entries for each day of his or her driving hours record by signing and dating the latest entry.(10) An operator of a heavy truck must –(a) obtain a copy of each driver's driving hours record for each day within 15 days of the record being completed; and(b) keep the copy for at least 12 months.(11) For the purposes of this regulation, location is to be described by reference to whichever of the following is the most descriptive:(a) the street address;(b) the road name and nearest kilometre mark;(c) the name of the suburb;(d) the name of the town;(e) the nearest crossroads.
48. Carriage of driving hours record
A driver who is required to maintain a driving hours record must carry the record for the preceding 14 days in the heavy truck he or she is driving.
49. Inspection of driving hours record
(1) An authorised officer or a police officer may require a driver of a heavy truck to produce immediately for inspection his or her driving hours record for the preceding 14 days.(2) A driver must comply with a requirement under subregulation (1) .(3) An authorised officer or a police officer may, on inspection of a driving hours record, annotate that record and sign and date an annotation.
50. Delivery of driving hours record into custody
If the Commission, a police officer or an authorised officer asks a driver to deliver his or her driving hours record into the custody of the Commission or officer under section 48(4A) of the Act, the driver must –(a) sign and date the driving hours record at or near the last entry; and(b) immediately commence and maintain another driving hours record.
Division 4 - Offences
51. False or misleading statements
A person must not –(a) in any national driver work diary or driving hours record –(i) make an entry that the person knows, or reasonably ought to know, is false or misleading in a material respect; or(ii) alter an entry if the person knows, or reasonably ought to know, that the entry as altered is false or misleading in a material respect; or(b) make a statement or furnish information to an authorised officer or a police officer, about any national driver work diary or driving hours record, that the person knows, or reasonably ought to know, is false or misleading in a material respect.
52. Defacing or destroying driving hours record or national driver work diary
A person must not without reasonable excuse deface or destroy a driving hours record or national driver work diary or part of such a record or work diary.
Division 5 - Miscellaneous
53. Exemption in respect of driving hours record and national driver work diary
(1) In this regulation –recording requirements means –(a) the requirement for a driver to personally record his or her daily driving time, work time (that is not driving time) and rest time in a national driver work diary under regulation 40 ; and(b) the requirement for a driver to personally maintain a driving hours record under regulation 47 .(2) A driver or a person acting on behalf of the driver may apply for exemption from the recording requirements if the driver believes that he or she has a literacy disability that prevents him or her from complying with those requirements.(3) An application –(a) must be in a form approved by the Commission;(b) must include the name and address of a person nominated by the driver to be responsible for completing the driving hours record or national driver work diary on behalf of the driver; and(c) must include the written agreement of the nominee.(4) The Commission may exempt a driver from the recording requirements if the Commission is satisfied that the driver has a literacy disability that prevents him or her from complying with those requirements.
54. Failure by exempted driver to ensure nominee maintains driving hours record or national driver work diary
(1) In this regulation "recording requirements" has the same meaning as in regulation 53 .(2) A driver exempted from the recording requirements must ensure that the nominee maintains the driving hours record or national driver work diary –(a) as if the nominee were the driver; or(b) in accordance with written directions issued to the nominee and driver by the Commission.
PART 7 - Exemptions
Division 1 - Exemptions generally
(1) For the purposes of this Part, an electronic or facsimile copy or photocopy of a permit issued by the Commission or of a Gazette notice, which has not been altered by a person other than the Commission, is to be taken to be the original document.(2) In this Part –class of vehicle means vehicles of a similar type or vehicles carrying the same type of load;wheelbase means the distance from the centre-line of the foremost axle of a vehicle to its rear overhang line.
(1) Subject to subregulation (2) , the Commission may exempt the following from these regulations or specified provisions of them, or the Vehicle Standards or specified provisions of them:(a) a vehicle or a combination;(b) a class of vehicles or combinations;(c) a person;(d) a class of persons.(2) The Commission must not exempt a vehicle or a combination, or a class of vehicles or combinations, from a requirement in Division 4 of Part 2 that relates to the GVM, GCM or manufacturer's rating of a vehicle, part of a vehicle or a combination.(3) In determining whether to issue an exemption, the Commission may have regard to any or all of the following:(a) for an exemption for a vehicle from Part 2 –(i) the "Exemptions from Mass and Dimension Standards" as approved by the Ministerial Council, published by the National Road Transport Commission; and(ii) the equipment and specifications of the vehicle, including the wheelbase, braking systems, tyre ratio and power to weight ratio;(b) for an exemption for a person from Part 6 –(i) public safety; and(ii) whether the applicant, or an employee or employer of the applicant, has been convicted of a traffic offence; and(iii) whether the stated need for the permit is genuine and reasonable; and(iv) the driver fatigue management practices of the applicant, or an employee or employer of the applicant;(c) for an exemption from the Vehicle Standards, whether the vehicle is an experimental vehicle, a prototype, or another vehicle, that could not reasonably be expected to comply with the requirement;(d) for any exemption, any other matter that the Commission considers appropriate.
Division 2 - Gazette notices
(1) The Commission may, by notice –(a) exempt from these regulations or specified provisions of them or the Vehicle Standards or specified provisions of them –(i) a specified class of vehicles; or(ii) a specified class of combinations; or(iii) a specified class of persons; or(b) vary or revoke an exemption granted under this regulation.(2) An exemption under this regulation may be –(a) granted on conditions specified in the notice; and(b) limited to routes specified in the notice.(3) A notice under this regulation is a statutory rule for the purposes of the Rules Publication Act 1953 .
(1) A Gazette notice must contain the following:(a) the class of vehicles, combinations or persons to which it applies;(b) the areas or routes to which it applies;(c) the time of day for which it applies;(d) the provisions of these regulations or the Vehicle Standards from which the class of vehicles, combinations or persons is exempt;(e) any conditions subject to which the exemption is granted;(f) the date on which the exemption takes effect and how long it is to remain in force;(g) if applicable –(i) the maximum mass, inclusive of any load, of the motor vehicle and the maximum mass or loaded mass of the combination or each vehicle in the combination; and(ii) the maximum mass, inclusive of any load, on any single axle or axle group for a vehicle or combination or each vehicle in the combination; and(iii) the maximum mass, inclusive of any load, of a vehicle or combination or each vehicle in the combination determined by the vehicle's tyre width; and(iv) the maximum mass, inclusive of any load, of a vehicle or a combination or each vehicle in the combination determined by the spacing of axles or axle groups; and(v) the maximum dimensions or loaded dimensions of a vehicle or combination or each vehicle in the combination; and(vi) any warning signs or warning lights that are required to be displayed on the vehicle or combination; and(vii) the months of the year during which the exemption is in force.(2) A Gazette notice may apply to more than one class of vehicles if the requirements referred to in subregulation (1)(b) , (c) , (d) , (e) and (f) are the same in respect of each class of vehicles.(3) A Gazette notice remains in force until whichever of the following occurs first:(a) it is revoked;(b) the expiration of the period specified in it;(c) the expiration of 3 years after it takes effect.
59. Breach of condition of Gazette notice
If a person breaches a condition of a Gazette notice applicable to him or her, the Commission, by notice in writing served on the person, may provide that –(a) the Gazette notice no longer applies to that person or his or her vehicle or combination; or(b) the application of the Gazette notice to that person or his or her vehicle or combination is varied as specified in the written notice.
Division 3 - Permits
(1) A person may apply to the Commission for a permit exempting the person, a specified vehicle or specified combination from these regulations or specified provisions of them, or the Vehicle Standards or specified provisions of them.(2) An application for a permit –(a) is to be in a form approved by the Commission; and(b) must contain the information required in the approved form; and(c) is to be lodged with the Commission; and(d) is to be accompanied by any third party authorities or consents required by the Commission; and(e) is to be accompanied by any evidence required by the Commission.(3) Before granting or refusing to grant an application for a permit, the Commission may request the applicant to provide such further information and documents as the Commission considers relevant.(4) On receipt of an application for a permit, the Commission may –(a) grant the application; or(b) refuse to grant the application.
(1) If the Commission grants an application for a permit, the Commission is to issue a permit in writing.(2) A permit may be subject to any conditions the Commission considers appropriate.(3) On issuing a permit, the Commission must record the details of the permit in a register.(4) A permit may be communicated by facsimile or other electronic means.
A permit must include the following:(a) the name and address of the applicant;(b) the areas or routes to which it applies;(c) the time of day for which it applies;(d) the provisions of these regulations or the Vehicle Standards, or the subject matter of those provisions, from which the class of vehicles or persons is exempt;(e) any conditions subject to which the permit is granted;(f) the date on which it takes effect and how long it is to remain in force;(g) if applicable –(i) the vehicle or combination to which it applies and the registration number of each vehicle; and(ii) the maximum mass or loaded mass of the motor vehicle and the maximum mass or loaded mass of the combination and each vehicle in the combination; and(iii) the maximum mass or loaded mass on any single axle or axle group for a vehicle or combination or each vehicle in the combination; and(iv) the maximum dimensions or loaded dimensions of a vehicle or combination or each vehicle in the combination; and(v) the maximum mass or loaded mass of a vehicle or combination or each vehicle in the combination determined by the spacing of axles or axle groups; and(vi) any warning signs or warning lights that are required to be displayed on the vehicle or combination.
63. Variation, suspension and cancellation of permits
(1) The Commission may vary, suspend or cancel a permit –(a) on application by the holder of the permit; or(b) of the Commission's own accord.(2) The Commission may vary a permit if –(a) there has been a change in a matter that the Commission took into account when issuing the permit; or(b) the Commission believes the variation to be appropriate.(3) The Commission may suspend or cancel a permit if –(a) there has been a breach of a condition of the permit; or(b) the holder has been convicted of a traffic offence of a serious or persistent nature; or(c) there has been a breach of a mass, dimension, route or area restriction on the permit; or(d) a vehicle or combination to which the permit applies has been found to be carrying an unsafe load.(4) The Commission may cancel a permit if –(a) the vehicle or combination to which the permit applies is altered; or(b) the application for the permit contained material that was false or misleading.(5) If the Commission varies, cancels or suspends a permit, the Commission is to notify the holder of the permit in writing of the variation, cancellation or suspension.(6) A variation, cancellation or suspension takes effect –(a) from the date on which the holder receives notice under subregulation (5) , if a later date is not specified in the notice; or(b) if a later date is specified in the notice, from that date.(7) A permit that is suspended has no effect for the period during which it is suspended.
A permit –(a) is not transferable or renewable; and(b) may be surrendered to the Commission at any time.
(1) If a permit is lost, stolen or destroyed, the Commission may issue a duplicate permit.(2) A duplicate permit may be communicated by facsimile or other electronic means.
Division 4 - Exemption may be void
(1) A permit is void and of no effect if the vehicle or combination to which the permit applies is used –(a) on a route other than on a route which it is permitted to travel under the permit; or(b) at a time other than a time at which it is permitted to travel under the permit; or(c) while accompanied by fewer than the number of pilot vehicles required under the permit applying to it; or(d) with an aggregate axle mass, inclusive of any load, that exceeds by more than 10% the mass permitted under the permit; or(e) with a dimension, inclusive of any load, that exceeds by more than 10% the dimensions permitted under the permit.(2) A Gazette notice is void and of no effect in respect of a particular person, vehicle or combination if the person uses, or causes or permits to be used, a vehicle or combination –(a) on a route other than on a route which it is permitted to travel under the notice; or(b) at a time other than a time at which it is permitted to travel under the notice; or(c) while accompanied by fewer than the number of pilot vehicles required under the notice applying to it; or(d) with an aggregate axle mass, inclusive of any load, that exceeds by more than 10% the mass permitted under the notice; or(e) with a dimension, inclusive of any load, that exceeds by more than 10% the dimensions permitted under the notice.
Division 5 - Conditions on exemptions
(1) The Commission may impose one or more conditions on an exemption.(2) Without limiting the generality of subregulation (1) , the Commission may impose one or more of the following conditions:(a) the maximum speed that a vehicle operating under an exemption may be driven or towed;(b) matters relating to the protection of bridges, roads and public infrastructure;(c) matters relating to public safety;(d) notifying requirements in respect of any change in circumstances;(e) any or all of the conditions set out in Schedule 1 .(3) A condition set out in Schedule 1 may be incorporated by reference in the permit or Gazette notice.
For the purposes of warning other road users, the Commission may require a vehicle or combination that is subject to an exemption under this Part to be –(a) accompanied by either or both of the following:(i) one or more pilot vehicles in accordance with Schedule 2 ;(ii) one or more escort vehicles; and(b) fitted with one or more warning lights or one or more warning signs in accordance with Schedule 2 .
Division 6 - Offences
(1) A person must not use, or cause or permit the use of, a vehicle or a combination, on a public street, that is subject to an exemption, otherwise than in accordance with the conditions applying to the exemption.(2) A person who is convicted of an offence, in relation to a part of a vehicle or combination that fails to comply with a condition may be convicted of another offence if another part of the vehicle or combination also fails to comply with the same or a similar condition.
70. Breach of dimension or mass
(1) A person must not use, or cause or permit the use of, a vehicle or combination that is subject to an exemption, if the dimensions or mass for that vehicle or combination, inclusive of any load, exceed the dimensions or mass limits prescribed in the exemption applicable to that vehicle or combination.(2) Where a person is convicted of an offence or offences under this regulation relating to exceeding the mass limit for a vehicle or combination, the court must, in addition to imposing any other penalty in respect of that offence, impose a fine in respect of each offence of –(a) 0.4 penalty units for the first tonne or part of a tonne of the mass in excess of any maximum mass authorised for the vehicle by these regulations; and(b) one penalty unit for each additional tonne or part of a tonne in excess of that maximum mass.
71. Warning signs and warning lights
(1) If it is a condition of an exemption that a vehicle or combination be fitted with a warning sign, a person must not use, or cause or permit the use of, the vehicle or combination unless it is fitted with a warning sign that complies with the requirements of this regulation, the exemption and Schedule 2 .(2) A person must not use, or cause or permit the use of, a vehicle or combination displaying a warning sign unless –(a) the sign is required under an exemption; and(b) the vehicle or combination is operating in accordance with the exemption.(3) If it is a requirement of an exemption that a warning light be fitted to a motor vehicle or combination, a person must not use, or cause or permit the use of, the vehicle or combination under that exemption unless the warning light is illuminated.(4) If a pilot vehicle is required to have a warning light, a person must not use, or cause or permit the use of, the pilot vehicle to accompany a vehicle or combination unless the warning light is illuminated.(5) A person must not use, or cause or permit the use of, a vehicle or combination with a warning light illuminated on it unless –(a) the light is required under an exemption; and(b) the vehicle or combination is operating in accordance with the exemption.(6) A requirement to display a warning sign or warning light as a condition of an exemption does not affect any other obligation to display a sign or light under these regulations, the Act or any other Act.
(1) A person must not use, or cause or permit the use of, a pilot vehicle that does not comply with Part 3 of Schedule 2 .(2) A person must not use, or cause or permit the use of, a vehicle or combination that is required to be accompanied by one or more pilot vehicles unless it is so accompanied.(3) For the purposes of subregulation (2) , the following are taken to be using a vehicle or combination:(a) any person using, or causing or permitting the use of, the vehicle or combination;(b) the driver of the pilot vehicle.
A person must not use, or cause or permit the use of, a vehicle or combination that is the subject of an exemption unless, before the vehicle or combination is used on a particular route, the route is assessed by that person and he or she is satisfied that the vehicle or combination can be used on that route without causing –(a) disruption to telecommunication, electricity, rail, gas, water or sewerage services; or(b) damage to any road (including a bridge), structure or rail crossing.
The driver of a motor vehicle or combination must carry in the motor vehicle a copy of any permit under which the motor vehicle or combination, or any vehicle being towed, is operating.
PART 8 - Miscellaneous
(1) In this regulation –prescribed sign means a rectangular sign with letters and figures indicating the gross permitted load limit or the permitted axle load or maximum dimensions of a vehicle or combination.(2) A prescribed sign may be inscribed with words, symbols and numerals limiting the requirements of the sign in relation to days, hours, classes of persons, classes of vehicles or circumstances and, where a sign is so inscribed, the requirements of the sign are to be construed, and have effect, subject to that inscription.(3) A person must not use, or cause or permit the use of, a vehicle or combination on a public street beyond a prescribed sign if –(a) the mass of the vehicle or combination or the mass on any axle of the vehicle or combination exceeds the gross permitted load limit, or the permitted axle load, as indicated on the sign; or(b) the dimensions of the vehicle or combination exceed the maximum dimensions permitted as indicated on the sign.(4) Where a court convicts a person for a breach of subregulation (3)(a) it must, in addition to any other fine, impose an additional fine of –(a) 0.4 penalty units for the first tonne or part of a tonne of the load in excess of that permitted by the prescribed sign; and(b) one penalty unit for each additional tonne or part of a tonne in excess of the permitted load or dimensions.
(1) In this regulation –commencement day means the day on which these regulations take effect.(2) If, immediately before the commencement day, an instrument made under the Vehicle and Traffic (Vehicle Operations) Regulations 2001 is in force and effect –(a) that instrument is taken, on and after the commencement day, to be an instrument made under these regulations; and(b) a reference in that instrument to a provision of the Vehicle and Traffic (Vehicle Operations) Regulations 2001 is taken to be a reference to the corresponding provision in these regulations.
SCHEDULE 1 - Conditions to which an exemption may be subject
1. Travel restrictions at nightAt night, a vehicle or combination must not travel –(a) outside an urban area; or(b) in an urban area unless accompanied by a pilot vehicle.
2. Prohibition on towingA vehicle must not tow another vehicle.
3. Prohibition on carrying loadA vehicle must not carry a load.
4. Flags(1) A vehicle or combination, and any load, must have 4 brightly coloured red, yellow, or red and yellow, flags, each at least 450 millimetres long and at least 450 millimetres wide.(2) A flag must be positioned at each side of the front and rear of –(a) any projecting load; or(b) if there is no projecting load, the vehicle or combination.
5. Delineators(1) A vehicle or combination with a projecting load must have at least 2 yellow, rigid pieces of material (known as "delineators"), one attached to the front and the other attached to the rear of the projection.(2) A vehicle or combination must have at least 4 delineators with at least one on each side at the front and at least one on each side at the rear.(3) A delineator must –(a) be at least 300 millimetres long and at least 300 millimetres wide; and(b) comply with Class 1 or 2 of Australian Standard AS 1906, Retro-reflective Materials and Devices for Road Traffic Control Purposes , 1990 as amended and in force at the commencement of these regulations; and(c) if at the front of the projection, be attached so that its reflective surface is facing forward of the vehicle; and(d) if at the rear of the projection, be attached so that its reflective surface is facing rearward of the vehicle.
6. Marker lights for night travelAt night, a vehicle or combination must display –(a) lights showing yellow to the front and red to the rear (known as "side markers") no more than 2 metres apart along both sides of the vehicle and along any front or rear projection; and(b) 2 red lights (known as "rear markers") fixed to the rear of any rear-projecting load, within 400 millimetres of each side of the load, and at least one metre but not more than 2.1 metres above the ground.
7. HeadlightsA vehicle, or the front vehicle in an oversize combination, must have its low-beam headlights illuminated while travelling in the daytime, unless it is not required under the Vehicle Standards to have headlights.
8. Side lights for travel at night(1) When travelling at night, a vehicle with a projection extending more than 1.2 metres in front of the vehicle body must display an illuminated yellow light fixed on each side of the projection, mounted as far forward as possible, and shielded from the driver's view.(2) Both lights referred to in subclause (1) must be visible to any traffic approaching the vehicle from its front, and at least one of the lights must be visible to any traffic approaching the vehicle from either side.
9. Markings for vehicles(1) A pattern covering an area one of at least 0.16 square metres and consisting of diagonal stripes at least 150 millimetres wide and alternately coloured –must be displayed on the sides of the rear of the vehicle.(a) red and white; or(b) black and white –(2) Any part of an axle extending more than 150 millimetres from the outside wall of a vehicle's tyre must be painted fluorescent yellow or have fluorescent yellow, or other highly visible, material wrapped around it.
SCHEDULE 2 - Warnings
PART 1 - Warning lights
1. Warning lights(1) A warning light on an oversize vehicle or combination or a pilot vehicle must –(a) when illuminated, emit a rotating, flashing, yellow coloured light; and(b) when illuminated, flash between 120 and 200 times a minute; and(c) have a power of at least –(i) in the case of an LED light, 25 watts; and(ii) in all other cases, 55 watts; and(d) not be a strobe light; and(e) be clearly visible at a distance of 500 metres in all directions or supplemented by one or more additional warning lights so that the light emanating from at least one of them is clearly visible at a distance of 500 metres in any direction.(2) Despite subclause (1) , in the case of a pilot vehicle travelling in front of an oversize vehicle or combination, a filter may be placed behind the warning light on the pilot vehicle, to reduce the intensity of the light directed to the driver of the oversize vehicle or combination.
PART 2 - Warning signs
Division 1 - General
1. Warning sign must be cleanA warning sign must be kept clean and unobscured so that it can be read by other road users.
2. Face of warning sign(1) The face of a warning sign must have a yellow surface which complies with Class 1 or 2 of Australian Standard AS 1906, Retro-reflective Materials and Devices for Road Traffic Control Purposes, 1990 , Parts 1 to 4 (inclusive), as amended and in force at the commencement of these regulations.(2) The face of the warning sign must have a black border at least 20 millimetres wide.(3) The outermost edge of the border must be set at least 10 millimetres in from the edge of the sign unless the sign has been made with a box edge.(4) The warning sign must have its manufacturer's name or trademark permanently marked in letters at least 3 millimetres but not more than 10 millimetres high.(5) The marking may appear in any visible location on the sign, except in a bottom corner of a sign used on a pilot vehicle.
3. Material for warning sign(1) A warning sign must be made of stiff, flat, weatherproof material.(2) Despite subclause (1) , a sign on an oversize vehicle or combination may be made of flexible material if the vehicle or its load is unsuitable for a stiff sign.
Division 2 - Oversize vehicles
4. Size of warning sign(1) A warning sign on an oversize vehicle or combination must be at least 1.2 metres long and at least 450 millimetres high.(2) The sign may be split into 2 parts, in which case the combined length of its parts must be at least 1.2 metres.
5. Face of warning sign(1) A warning sign on an oversize vehicle or combination must show the word "OVERSIZE", in black upper-case lettering, conforming with Australian Standard AS 1744, Forms of Letters and Numerals for Road Signs , in typeface Series C(N).(2) The lettering must be at least 200 millimetres high.(3) The top and the bottom of the lettering must be at least 125 millimetres from the top and bottom of the sign, respectively.(4) If the sign is split into 2 parts –(a) the part mounted on the left must show the letters "OVER" and the part mounted on the right must show the letters "SIZE"; and(b) despite clause 2(2) and (3) of Division 1 of Part 2 , there must be no border between the 2 parts.
6. Mounting warning sign(1) A warning sign on an oversize vehicle or combination must be mounted vertically.(2) The lower edge of the sign must be –(a) above the bottom of the bumper bar; or(b) if there is no bumper bar, at least 500 millimetres from the ground level.(3) If the sign is split into 2 parts, the parts must be fitted at the same height.
Division 3 - Warning signs on pilot vehicles
7. Size and shape of warning sign(1) A warning sign on a pilot vehicle must be at least 1.2 metres long and at least 600 millimetres high.(2) The sign may have bottom corner cut-outs not more than 150 millimetres wide and not more than 100 millimetres high if they are needed for mounting the warning lights.
8. Faces of warning sign(1) Both faces of a warning sign on a pilot vehicle must show –(a) the word "OVERSIZE", in black upper-case lettering at least 200 millimetres high, conforming with Australian Standard AS 1744, Forms of Letters and Numerals for Road Signs , in typeface Series C(N); and(b) the words "LOAD AHEAD", in black upper- case lettering at least 100 millimetres high, conforming with Australian Standard AS 1744, Forms of Letters and Numerals for Road Signs , in typeface Series D(N).(2) The bottom of the lettering of the word "OVERSIZE" must be at least 300 millimetres from the bottom of the sign.(3) The bottom of the lettering of the words "LOAD AHEAD" must be at least 100 millimetres from the bottom of the sign.
9. Warning sign not to lean backA warning sign on a pilot vehicle must not lean back so that there is more than 200 millimetres measured horizontally from the top of the sign to a vertical line running through the bottom of the sign.
PART 3 - Pilot vehicles
1. Requirements for pilot vehicle(1) A pilot vehicle must have 4 or more wheels and a GVM of –(a) 6.5 tonnes or less in the case of a rear pilot vehicle if 2 pilot vehicles are required; or(b) 4.5 tonnes or less in any other case.(2) A pilot vehicle must have a warning sign on its roof.(3) A pilot vehicle must only have a warning light attached –(a) above or below the sign; or(b) at each side of the sign.
2. Headlights on pilot vehicleThe low-beam headlights on a pilot vehicle must be switched on when it is accompanying an oversize vehicle or combination during the daytime.
3. Pilot vehicle not to tow, &c.A pilot vehicle must not –(a) tow a trailer; or(b) carry a load, other than tools, equipment or substances for use in connection with the oversize vehicle or combination that it is accompanying or for restraining the load on that vehicle or combination.
4. Location of pilot vehicle(1) If only one pilot vehicle accompanies an oversize vehicle or combination, the pilot vehicle must travel –(a) behind the oversize vehicle or combination if they are on a divided road; or(b) in front of the oversize vehicle or combination if they are on a road that is not divided.(2) If 2 pilot vehicles accompany an oversize vehicle or combination, one pilot vehicle must travel in front of the oversize vehicle or combination, and the other behind it.(3) A pilot vehicle must travel far enough away from the oversize vehicle or combination it is accompanying to give adequate warning to other road users of the presence of the oversize vehicle or combination, taking into account traffic speed, weather, visibility and other driving conditions.
5. Communication between drivers(1) In this clause –agricultural machine means a machine with its own automotive power, built to perform agricultural tasks.(2) An oversize vehicle or combination and any accompanying pilot vehicle must have an electronic device that allows the drivers to communicate effectively with each other.(3) Subclause 2 does not apply to –(a) an oversize agricultural machine; or(b) an oversize combination that includes an agricultural machine.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 25 June 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, which are made consequentially on the repeal of the Vehicle and Traffic (Vehicle Operations) Regulations 2001 under section 11 of the Subordinate Legislation Act 1992 , make provision in relation to –(a) mass and dimension limits of vehicles; and(b) the towing of vehicles; and(c) loads on vehicles; and(d) driving hours; and(e) the issuing of exemptions; and(f) other miscellaneous matters.