Heavy Vehicle National Law (Tasmania) Regulations 2023

Heavy Vehicle National Law (Tasmania) Regulations 2023

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 Heavy Vehicle National Law (Tasmania) Act 2013 .

B. BAKER

Governor

By Her Excellency's Command,

MICHAEL DARREL JOSEPH FERGUSON

Minister for Infrastructure and Transport

1.   Short title

These regulations may be cited as the Heavy Vehicle National Law (Tasmania) Regulations 2023 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Interpretation

In these regulations –

Act means the Heavy Vehicle National Law (Tasmania) Act 2013 ;

Heavy Vehicle (Mass, Dimension and Loading) Regulation means the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, as made under the Heavy Vehicle National Law and applied in this jurisdiction by section 5 of the Act.

4.   Modification of application of Heavy Vehicle (Vehicle Standards) Regulation

(1)  In this regulation –

Heavy Vehicle (Vehicle Standards) means the Heavy Vehicle (Vehicle Standards) National Regulation, as made under the Heavy Vehicle National Law and applied in this jurisdiction by section 5 of the Act;

specified heavy vehicle means a heavy vehicle that, immediately before the commencement day, was registered under the Vehicle and Traffic Act 1999 or a corresponding law.

(2)  Division 16 of Part 6 of Schedule 2 to the Heavy Vehicle (Vehicle Standards) does not apply to buses operating in this jurisdiction.

(3)  Regulation 99(1) of the Heavy Vehicle (Vehicle Standards) does not apply in this jurisdiction to –

(a) a specified heavy vehicle built with an exhaust system having an outlet that –

(i) is mounted at the front of the vehicle; and

(ii) extends to the edge of the vehicle’s bodywork; or

(b) a specified heavy vehicle, such as a tractor, built with an exhaust system having an outlet that is –

(i) mounted vertically at the front of the vehicle; and

(ii) higher than the driver seated on the vehicle.

5.   Determination of wheel, single axle, axle group and aggregate axle loads

(1)  An authorised officer may determine the wheel load, single axle load, axle group load or aggregate axle load of a heavy vehicle –

(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.

(2)  A load, or the sum of any loads, determined under subregulation (1) 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.

(3)  The aggregate axle load of a vehicle may be determined by adding together the axle loads of all the axles.

6.   Infringement notice offences

For the purposes of section 591 of the Heavy Vehicle National Law (Tasmania), a prescribed offence is an offence against a provision of the Heavy Vehicle National Law (Tasmania) or the national regulations specified in column 2 of the table in Part 2 of Schedule 1 .

7.   Legislation rescinded

The legislation specified in Schedule 2 is rescinded.

SCHEDULE 1 - Infringement Notice Offences

Regulation 6

PART 1 - Interpretation

1.   In this Schedule –

HVFM means the Heavy Vehicle (Fatigue Management) National Regulation, as made under the Heavy Vehicle National Law and applied in this jurisdiction by section 5 of the Act;

HVNL means the Heavy Vehicle National Law (Tasmania);

MDL means the Heavy Vehicle (Mass, Dimension and Loading) Regulation.

2.   A reference in Part 2 of this Schedule to an Act or to a regulation, followed immediately by a number, is a reference to the provision of that Act or regulation that is so numbered.

PART 2 - Offences

Division 1 - Heavy Vehicle National Law (Tasmania)

Subdivision 1 - Vehicle operations – Standards and safety

Subdivision 2 - Performance-based standards

Subdivision 3 - Vehicle operations – mass, dimension and loading

Subdivision 4 - Vehicle operations – driver fatigue

Subdivision 5 - Accreditation

Subdivision 6 - Enforcement

Division 2 - Heavy Vehicle (Mass, Dimension and Loading) National Regulation

Division 3 - Heavy Vehicle (Fatigue Management) National Regulation

SCHEDULE 2 - Legislation rescinded

Regulation 7

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

Notified in the Gazette on 27 December 2023

These regulations are administered in the Department of State Growth.