Vehicle and Traffic (Vehicle Operations) (Exemption) Notice 2006

Vehicle and Traffic (Vehicle Operations) (Exemption) Notice 2006

The Transport Commission makes the following notice under regulation 45(1) of the Vehicle and Traffic (Vehicle Operations) Regulations 2001 .

1.   Short title

This notice may be cited as the Vehicle and Traffic (Vehicle Operations) (Exemption) Notice 2006 .

2.   Commencement

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

3.   Interpretation

(1)  In this notice –

charity event means the charity event held by St. Georges School from 9.30 a.m. to 3.30 p.m. on 5 March 2006 between 40a Ravenswood Road, Launceston and Myrtle Park Recreation Ground, Myrtle Park;

exempted driving time means driving time that the driver of a controlled vehicle spends –

(a) participating in the charity event; and

(b) driving, by the most direct practicable route, to the charity event from the address where the controlled vehicle is garaged; and

(c) driving, by the most direct practicable route, from the charity event to the address where the controlled vehicle is to be garaged;

exempted work time means work time that the driver of a controlled vehicle spends –

(a) participating in the charity event; and

(b) driving, by the most direct practicable route, to the charity event from the address where the controlled vehicle is garaged; and

(c) driving, by the most direct practicable route, from the charity event to the address where the controlled vehicle is to be garaged;

participation certificate means a certificate, in a form approved by the Commission, issued by St. Georges School as evidence of a person's participation in the charity event;

St. Georges School means the school of that name located at 40a Ravenswood Road in the city of Launceston.

(2)  An expression that is defined in Part 5 of the Vehicle and Traffic (Vehicle Operations) Regulations 2001 has the same meaning in this notice as in that Part of those regulations.

(3)  The Acts Interpretation Act 1931 applies to this notice as if it were regulations within the meaning of that Act.

4.   Exemptions

(1)  A person is exempt from regulations 36(c) and 37(c) of the Vehicle and Traffic (Vehicle Operations) Regulations 2001 if –

(a) the person is driving a controlled vehicle; and

(b) a participation certificate has been issued in respect of the person.

(2)  A person is exempt from regulation 38(1)(c) of the Vehicle and Traffic (Vehicle Operations) Regulations 2001 if –

(a) the person is driving a heavy truck; and

(b) a participation certificate has been issued in respect of the person.

(3)  The exemptions –

(a) apply to all areas of the State; and

(b) apply at all times of the day; and

(c) remain in force until 12 March 2006.

5.   Conditions of exemptions

The exemptions in clause 4 are granted subject to the following conditions:

(a) a person exempted under clause 4 must, on receipt of his or her participation certificate, immediately attach it to the page of his or her driving hours record relating to the date of the charity event;

(b) if a person is exempt under clause 4 from regulations 36(c) and 37(c) of the Vehicle and Traffic (Vehicle Operations) Regulations 2001  –

(i) his or her total driving time, in the aggregate, must not exceed the sum of his or her allowed driving time, under regulation 36(c) of those regulations, and his or her exempted driving time; and

(ii) his or her total work time, in the aggregate, must not exceed the sum of his or her allowed work time, under regulation 37(c) of those regulations, and his or her exempted work time; and

(iii) he or she must not accrue any driving time or work time, other than exempted driving time or exempted work time, on the date of the charity event;

(c) if a person is exempt under clause 4 from regulation 38(1)(c) of the Vehicle and Traffic (Vehicle Operations) Regulations 2001  –

(i) he or she must have a rest time of at least 96 hours, in the immediately preceding 168 hours, less his or her exempted driving time or exempted work time; and

(ii) he or she must not accrue any driving time or work time, other than exempted driving time or exempted work time, on the date of the charity event.

6.   Legislation revoked

The legislation specified in Schedule 1 is revoked.

SCHEDULE 1 - Legislation revoked

Clause 6

This notice was made by the Transport Commission on 27 February 2006.

The seal of the Transport Commission was affixed on 28 February 2006, in the presence of –

DAVID PETERS

The Transport Commission

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

Notified in the Gazette on 3 March 2006

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