Vehicle and Traffic (Heavy Vehicle Charges) Regulations 2017

Vehicle and Traffic (Heavy Vehicle Charges) Regulations 2017

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 .

C. WARNER

Governor

By Her Excellency's Command,

M. T. (RENE) HIDDING

Minister for Infrastructure

1.   Short title

These regulations may be cited as the Vehicle and Traffic (Heavy Vehicle Charges) Regulations 2017 .

2.   Commencement

These regulations take effect on 1 July 2017.

3.   Interpretation

In these regulations –

articulated bus means a bus consisting of more than one rigid section, with passenger access between the sections and the sections connected to one another so as to allow rotary movement between the sections;

ATM (aggregate trailer mass), of a heavy trailer, means the total maximum mass of the trailer, as stated by the manufacturer, together with its load and mass imposed on the towing vehicle by the trailer when the towing vehicle and trailer are on a horizontal surface;

axle group means a single axle group, tandem axle group, twinsteer axle group, tri-axle group or quad-axle group;

B-double combination means a combination consisting of a prime mover towing 2 semi-trailers;

B-double lead trailer means a semi-trailer that is nominated for use as the lead trailer in a B-double combination;

B-triple combination means a combination consisting of a prime mover towing 3 semi-trailers;

B-triple lead trailer means a semi-trailer that is nominated for use as the lead trailer in a B-triple combination;

B-triple middle trailer means a semi-trailer that is nominated for use as the second trailer in a B-triple combination;

bus (type 1) means a rigid bus that has 2 axles and an MRC not exceeding 12 tonnes;

bus (type 2) means –

(a) a rigid bus that has 2 axles and an MRC exceeding 12 tonnes; or

(b) a rigid bus that has 3 or 4 axles;

compliance plate means a plate authorised to be placed on a vehicle, or taken to have been placed on a vehicle, under the Motor Vehicle Standards Act 1989 of the Commonwealth;

converter dolly means a trailer with a fifth wheel coupling designed to support a semi-trailer for hauling purposes;

dog trailer means a trailer with –

(a) one axle group or single axle at the front that is steered by connection to the towing vehicle by a drawbar; and

(b) one axle group or 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;

driver means the person driving or in control of a motor vehicle;

fifth wheel coupling means a device, other than 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 permit quick coupling and uncoupling and to provide for articulation;

GTMR (gross trailer mass rating), of a trailer, means the mass transmitted to the ground by the axles of the trailer when –

(a) coupled to a towing vehicle; and

(b) carrying its maximum load approximately uniformly distributed over the trailer's load-bearing area;

lead trailer, in a combination, means the trailer that is, or that is to be, attached to the prime mover;

load-carrying vehicle means a vehicle designed and constructed to haul or carry goods and wares in addition to any fuel, water, lubricants, tools and any other equipment or accessories necessary for normal operation of the vehicle;

long combination truck means a truck nominated to haul 2 or more trailers;

low loader means a gooseneck semi-trailer with a loading deck no more than one metre above the ground;

low loader dolly means a mass-distributing device that –

(a) is usually coupled between a prime mover and a low loader; and

(b) consists of a gooseneck rigid frame; and

(c) does not directly carry any load on itself; and

(d) is equipped with one or more axles, a kingpin and a fifth wheel coupling;

medium combination truck means a truck, other than a short combination truck, nominated to haul one trailer;

MRC (Mass Rating for Charging), in relation to a vehicle, means –

(a) the maximum mass of the vehicle, including any load, recorded on the compliance plate as the GVM, GTMR or ATM of the vehicle; or

(b) in relation to a vehicle for which there is no compliance plate, its operating mass;

multi-combination prime mover means a prime mover nominated to haul 2 or more trailers;

nominated means nominated by the person applying for registration;

operating mass, in relation to a vehicle, means the maximum mass of the vehicle, including any load, as determined by the vehicle registration authority having regard to the design and construction of the vehicle or of any of its components;

pig trailer means a trailer with one axle group or single axle near the middle of its load-carrying surface, and connected to the towing vehicle by a drawbar;

pole-type trailer means a trailer that –

(a) is attached to a towing vehicle by means of a pole or an attachment fitted to a pole; and

(b) is ordinarily used for transporting loads, such as logs, pipes, structural members or other long objects, that are generally capable of supporting themselves like beams between supports;

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 not more than 4.9 metres;

road means an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles;

road-related area means –

(a) an area that divides a road; or

(b) a footpath or nature strip adjacent to a road; or

(c) an area that is open to the public and is designated for use by cyclists or animals; or

(d) an area that is not a road and that is open to or used by the public for driving, riding or parking motor vehicles; or

(e) any shoulder of a road; or

(f) an area that is a road-related area for the purposes of a law of a State or Territory of the Commonwealth;

short combination prime mover means a prime mover nominated to haul one semi-trailer;

short combination truck means a truck nominated to haul one trailer where, according to the nomination –

(a) the combination has 6 axles or fewer; and

(b) the maximum total mass that is legally allowable for the combination is 42.5 tonnes or less;

single axle means an axle not forming part of an axle group;

single axle group means a group of 2 or more axles, in which the horizontal distance between the centre-lines of the outermost axles is less than one metre;

special-purpose vehicle – see regulation 4 ;

special-purpose vehicle (type O) – see regulation 5 ;

special-purpose vehicle (type P) means a special-purpose vehicle built, or permanently modified, primarily for –

(a) off-road use; or

(b) use on a road-related area; or

(c) use on an area of road that is under construction or repair;

special-purpose vehicle (type T) means a special-purpose vehicle (other than a special-purpose vehicle (type P)) –

(a) built, or permanently modified, primarily for use on roads; and

(b) that has no axle or axle group loaded in excess of the axle load limits specified in the table to regulation 5 ;

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 more than 2 metres, but not more than 3.2 metres;

truck (type 1) means a truck that has –

(a) 2 axles and an MRC not exceeding 12 tonnes; or

(b) 3 axles and an MRC not exceeding 16.5 tonnes; or

(c) 4 or more axles and an MRC not exceeding 20 tonnes;

truck (type 2) means a truck that has –

(a) 2 axles and an MRC exceeding 12 tonnes; or

(b) 3 axles and an MRC exceeding 16.5 tonnes; or

(c) 4 or more axles and an MRC exceeding 20 tonnes;

twinsteer axle group means a group of 2 axles –

(a) with single tyres; and

(b) fitted to a motor vehicle; and

(c) connected to the same steering mechanism; and

(d) the horizontal distance between the centre-lines of which is at least one metre, but not more than 2 metres.

4.   Special-purpose vehicle

(1)  In these regulations –

special-purpose vehicle means –

(a) a vehicle (other than a caravan, mobile home, mobile library, mobile workshop, mobile laboratory, mobile billboard or a vehicle that the regulations declare not to be a special-purpose vehicle for the purposes of this definition) where the primary purpose for which it was built, or permanently modified, was not the carriage of goods or passengers; or

(b) any of the following vehicles:

(i) a forklift;

(ii) a straddle carrier;

(iii) a mobile cherry picker;

(iv) a mobile crane; or

(c) a vehicle declared by the regulations to be a special-purpose vehicle for the purposes of this definition.

(2)  For the purposes of subregulation (1)  –

goods does not include fuel, water, lubricants, tools or any other equipment or accessories necessary for the normal operation of the vehicle;

passengers does not include the driver, a trainee driver or any person necessary for the normal operation of the vehicle.

5.   Special-purpose vehicle (type O)

In these regulations, special-purpose vehicle (type O) means a special-purpose vehicle (other than a special-purpose vehicle (type P)) –

(a) built, or permanently modified, primarily for use on roads; and

(b) that has at least one axle or axle group loaded in excess of the axle load limits specified in the following table:

Column 1	Column 2	Column 3
Item No.	Type of axle or axle group	Axle load limit (tonnes)
1.	Single axles –
	(a) 2 tyres	6.0
	(b) 2 wide profile tyres –
	(i) 375mm to 450mm	6.7
	(ii) more than 450mm	7.0
	(c) 4 or more tyres –
	(i) on pig trailers	8.5
	(ii) on other vehicles	9.0
2.	Twinsteer axle groups –
	(a) non-load sharing suspensions	10.0
	(b) load sharing suspensions	11.0
3.	Tandem axle groups –
	(a) 4 tyres	11.0
	(b) 4 wide profile tyres –
	(i) 375mm to 450mm	13.3
	(ii) more than 450mm	14.0
	(c) 6 tyres	13.0
	(d) 8 or more tyres –
	(i) on pig trailers	15.0
	(ii) on other vehicles	16.5
4.	Tri-axle groups –
	(a) 6, 8 or 10 tyres	15.0
	(b) 6 wide profile tyres (375mm or more) –
	(i) on pig trailers	18.0
	(ii) on other vehicles	20.0
	(c) 12 or more tyres –
	(i) on pig trailers	18.0
	(ii) on other vehicles	20.0

6.   Close-spaced axles

(1)  For the purposes of these regulations (other than the definitions of single axle group, tandem axle group, twinsteer axle group, tri-axle group and quad-axle group) –

(a) 2 axles less than one metre apart are to be regarded as one axle; and

(b) 3 axles not more than 2 metres apart are to be regarded as 2 axles; and

(c) 4 axles not more than 3.2 metres apart are to be regarded as 3 axles.

(2)  A reference to a distance in subregulation (1) is a reference to the horizontal distance between the centre-lines of –

(a) in the case of subregulation (1)(a), the 2 axles; and

(b) in any other case, the outermost axles.

7.   Determination of number of trailers

For the purposes of these regulations, in determining the number of trailers that a prime mover or truck is nominated to haul –

(a) a converter dolly and a semi-trailer when used together are to be regarded as one trailer; and

(b) a low loader dolly and a low loader when used together are to be regarded as one trailer.

8.   Heavy vehicles in 2 or more categories

For the purposes of these regulations, if a heavy vehicle falls within 2 or more categories of heavy vehicle, the tax payable for the heavy vehicle is the higher or highest of the taxes that could apply to the heavy vehicle.

9.   Heavy vehicle tax

For the purposes of section 34A(2)(b) of the Act, the amount of tax payable for a heavy vehicle for the financial year commencing 1 July 2017, and for each subsequent financial year, is calculated by adding together –

(a) the road component of motor tax for a heavy vehicle of that type calculated in accordance with the table in Part 1 of Schedule 1; and

(b) the regulatory component of motor tax for a heavy vehicle of that type calculated in accordance with the table in Part 2 of Schedule 1.

SCHEDULE 1 - Heavy Vehicle Tax

Regulation 9

PART 1 - Road Component of Motor Tax for a financial year

Division 1 - Load-carrying vehicles

Division 2 - Load-carrying trailers

Division 3 - Buses

Division 4 - Special-purpose vehicles

PART 2 - Regulatory Component of Motor Tax for a financial year

Division 1 - Load-carrying vehicles

Division 2 - Load-carrying trailers

Division 3 - Buses

Division 4 - Special-purpose vehicles

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

Notified in the Gazette on 10 May 2017

These regulations are administered in the Department of State Growth.