Part 1 Preliminary
1 Title
These Regulations may be cited as the Road Transport Reform (Restricted Access Vehicles) Regulations.
2 Commencement
(1) Regulations 1 and 2 commence on the day on which the making of these Regulations is notified in the Gazette.
(2) The remaining provisions of these Regulations commence on a day or days specified by the Minister of the Commonwealth administering the Vehicles and Traffic Act, by notice in the Gazette.
3 Purposes
The purposes of these Regulations are:
(a) to provide uniform or consistent conditions, to be applied as part of a national scheme, under which vehicles and combinations that are too large or too heavy to be allowed general access to the road network (other than those to which the Oversize and Overmass Vehicles Regulations apply) may be permitted to travel safely and efficiently; and
(b) to increase administrative efficiency by allowing:
(i) classes of those vehicles and combinations to operate under a notice instead of an individual permit; and
(ii) a single permit to be granted for the operation of more than one vehicle or combination.
4 Delegation
The following persons are prescribed for the purposes of section 18 of the Vehicles and Traffic Act:
(a) a statutory corporation;
(b) the holder of a statutory office;
(c) an officer or employee of a government department or statutory corporation;
(d) a member of the police force;
(e) a municipality or other local government authority;
(f) an officer or employee of a municipality or other local government authority;
(g) any other person who, in the opinion of the Authority, has appropriate qualifications for the exercise of the power delegated.
5 Application — vehicles and combinations
(1) These Regulations apply to restricted access vehicles other than Class 1 vehicles.
(2) These Regulations do not apply to a vehicle or combination that is used only on a railway or tramway.
6 Application — areas
These Regulations apply to a Class 2 vehicle, or a Class 3 vehicle, if it is on:
(a) a road; or
(b) an area that divides a road; or
(c) a footpath or nature strip adjacent to a road; or
(d) an area that is open to the public and is designated for use by cyclists or animals; or
(e) an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles; or
(f) any other area that is open to or used by the public and that has been declared, in accordance with section 16 of the Vehicles and Traffic Act, to be an area to which these Regulations apply.
Part 2 Class 2 vehicles
7 Application of Part
This Part applies only to Class 2 vehicles.
8 Notice or permit required
(1) A person must not drive or operate a Class 2 vehicle except in accordance with a notice issued, or a permit granted, under this Part.
(2) A person who fails to comply with subregulation (1) is guilty of an offence and is liable on conviction to a penalty not exceeding $2,000 in the case of an individual and $10,000 in the case of a body corporate.
9 Class 2 notice
The Authority may, by notice published in the Government Gazette, specify areas and routes in or on which all Class 2 vehicles, or specified categories of Class 2 vehicle, may operate.
Note Government Gazette is defined in the Vehicles and Traffic Act to mean the Government Gazette of the jurisdiction concerned.
10 Class 2 permit
(1) An operator of a Class 2 vehicle may apply to the Authority for a permit to operate a Class 2 vehicle in an area or on a route that is not included in a Class 2 notice.
Note 1 The term operator is defined at the end of the Regulations in Part 5.
Note 2 A permit is only required if the areas or routes not covered by a notice are within the areas described in regulation 6.
(2) An application for a permit must be in writing and in a form approved by the Authority.
11 Power to grant Class 2 permit
The Authority may grant a permit to operate a Class 2 vehicle in an area or on a route that is not included in a Class 2 notice.
12 Conditions of a Class 2 notice or permit
The Authority may issue a Class 2 notice or grant a Class 2 permit subject to a condition relating to :
(a) the areas or routes to which it applies; or
(b) the time of day during which the vehicle is not permitted to operate.
Note Under subregulation (1), roads may be listed by name, or identified by referring to all roads in the jurisdiction, or in a specified area, or by referring to all roads in the jurisdiction or in a specified area except those listed by name.
Conditions relating to matters other than those referred to in subregulation (1) must not be included in the notice or permit.
13 What must be included in a Class 2 notice or permit?
(1) The Authority must set out in a Class 2 notice or a Class 2 permit:
(a) the Class 2 vehicles to which it applies; and
(b) the conditions of the notice or permit; and
(c) how long the notice or permit is to remain in force; and
(d) in the case of a permit — the name and address of the person to whom the permit is granted.
(2) A Class 2 permit may be granted for one or more Class 2 vehicles but must, in any case, specify the registration number of each motor vehicle to which the permit relates.
Part 3 Class 3 vehicles
14 Application of Part
This Part applies only to Class 3 vehicles.
15 Exemption by notice in Gazette
(1) The Authority may, by notice published in the Government Gazette, exempt specified categories of Class 3 vehicle from:
(a) a mass or dimension requirement of the Mass and Loading Regulations, other than a requirement that relates to a GVM, GCM or manufacturer’s limit; or
(b) a dimension limit in the Vehicle Standards Regulations.
(2) The Authority may issue a Class 3 notice subject to conditions, including conditions as to the areas or routes to which the notice applies.
16 Exemption by permit
(1) An operator of a Class 3 vehicle may apply to the Authority for a permit exempting the Class 3 vehicle from a requirement of the Vehicle Standards Regulations or Mass and Loading Regulations referred to in regulation 17.
Note The term operator is defined at the end of the Regulations in Part 5.
(2) An application for a permit must be in writing and in a form approved by the Authority.
17 Power to grant Class 3 permit
(1) The Authority may grant a permit exempting one or more Class 3 vehicles from:
(a) a mass or dimension requirement of the Mass and Loading Regulations, other than a requirement that relates to a GVM, GCM or manufacturer’s limit; or
(b) a dimension limit in the Vehicle Standards Regulations.
(2) The Authority may grant a Class 3 permit subject to conditions, including conditions as to the areas or routes to which the permit applies.
18 What must be included in a Class 3 notice or permit
(1) The Authority must set out in a Class 3 notice or a Class 3 permit:
(a) the Class 3 vehicles to which it applies; and
(b) the provisions of the Vehicle Standards Regulations and Mass and Loading Regulations from which exemption is given; and
(c) the conditions of the notice or permit; and
(d) how long it is to remain in force; and
(e) in the case of a permit — the name and address of the person to whom the permit is granted.
(2) A Class 3 permit may be granted for one or more Class 3 vehicles but must, in any case, specify the registration number of each motor vehicle to which the permit relates.
19 Issuing a Class 3 notice or permit
(1) In deciding whether to issue a Class 3 notice or grant a Class 3 permit, the Authority must take into account the Guidelines contained in the document Exemptions from Mass and Dimension Standards:
(a) approved by the Ministerial Council; and
(b) published by the National Road Transport Commission on [insert date of publication, which must be before these Regulations are made]; and
(c) available from Authority offices.
(2) Except as provided in subregulations (3), (4) and (5), the conditions of a Class 3 notice or Class 3 permit must ensure that a single motor vehicle, or a combination, operating under the notice or permit is so configured and loaded that:
(a) the mass on each single axle and axle group is not more than 10% in excess of the limit specified in the Mass and Loading Regulations for that single axle or axle group; and
(b) a dimension limit in the Vehicle Standards Regulations or Mass and Loading Regulations is not exceeded by more than 10%.
(3) In the case of a combination, if each of the individual vehicles that make up the combination, together with any load, comply in all respects with the mass and dimension limits in the Vehicle Standards Regulations and Mass and Loading Regulations, the conditions of a Class 3 notice or Class 3 permit may allow an increase in the total length limit or the total mass limit, or both, prescribed in those Regulations for the combination as a whole.
(4) Subregulation (2) does not apply to a Class 3 notice or a Class 3 permit if:
(a) the travel under the notice or permit:
(i) is connected with the operation of a particular facility such as a mine or port; or
(ii) takes place mainly on roads the primary purpose of which is to serve the needs of such a facility; and
(b) either:
(i) the notice or permit is not likely to affect road transport to, from or within another State or Territory; or
(ii) the States and Territories likely to be affected have reached agreement on the terms of the notice or permit.
(5) Subregulation (2) does not apply to a Class 3 notice or a Class 3 permit that relates to the operation of a B-double or road train in the following circumstances:
(a) a trailer forming part of the B-double or road train is carrying one or more large indivisible items; and
(b) the carrying of more than one large indivisible item does not cause the vehicle or combination and its load to exceed a dimension limit in the Mass and Loading Regulations that would not have been exceeded by the carrying of only one of the large indivisible items; and
(c) but for the large indivisible items, the B-double or road train and any load being carried would comply with the mass and dimension limits in the Mass and Loading Regulations.
(6) If a Class 3 notice or Class 3 permit is likely to affect road transport to, from or within another State or Territory, the Authority must consult with the corresponding Authority of that other State or Territory and must issue the notice or grant the permit only on conditions that are agreed with that corresponding Authority.
(7) The Authority must give particulars, in writing, to the corresponding Authority of each other State and Territory and to the National Road Transport Commission of any scheme under which a Class 3 notice or Class 3 permit is to remain in force for more than 6 months.
(8) The particulars referred to in subregulation (7) must be given within 28 days of the publication of the notice or grant of the permit.
Part 4 General
20 Application of Part
This Part applies to Class 2 vehicles and Class 3 vehicles.
21 Keeping documents
(1) The driver of a single motor vehicle or a combination must carry in the driving compartment a copy of any notice or permit under which the single motor vehicle or the combination is operating.
(2) For the purposes of subregulation (1), instead of carrying a notice, a driver may carry an information sheet issued by the Authority, which sets out the obligations imposed under the notice.
(3) Subregulation (1) does not apply if the notice or permit states that subregulation (1) does not apply.
(4) A person who fails to comply with subregulation (1) is guilty of an offence and is liable on conviction to a penalty not exceeding $500.
22 Failure to comply with a condition
(1) A person is guilty of an offence if a condition of a Class 3 notice or Class 3 permit, or of an exemption granted under regulation 24, is not met by:
(a) the person; or
(b) a combination which the person is driving or operating; or
(c) a single motor vehicle which the person is driving or operating.
(2) A person convicted of an offence under this Regulation, except in the circumstances referred to in subregulation (3), is liable to a penalty not exceeding $2,000 for an individual or $10,000 for a body corporate.
(3) A person convicted of an offence for breaching a mass limit contained in the conditions of a Class 3 notice or permit is liable to a penalty not exceeding $3,000 for an individual or $15,000 for a body corporate.
(4) The driver or operator of a Class 3 vehicle is not liable to prosecution under these Regulations, but may be liable to prosecution under the Mass and Loading Regulations or the Vehicle Standards Regulations, if the Class 3 vehicle breaks a condition of a notice or permit, or of an exemption granted under regulation 24 by travelling:
(a) in an area or on a route other than an area or route in or on which it is permitted to travel under a notice or permit; or
(b) at a time other than a time at which it is permitted to travel under a notice or permit; or
(c) with an aggregate mass that is more than 10% in excess of the limit allowed under a notice or permit.
(5) Any notice or permit issued under these Regulations must be disregarded for the purposes of a prosecution under the Mass and Loading Regulations or the Vehicle Standards Regulations in the circumstances referred to in subregulation (4).
23 Multiple offences and multiple requirements
(1) A person who is both the driver and the operator of a single motor vehicle or a combination may be punished only once in relation to the same failure of the person, the single motor vehicle or the combination to comply with a condition of a notice or permit, or of an exemption granted under regulation 24.
(2) A person who is convicted of an offence, in relation to a part of a single motor vehicle or of a combination that fails to comply with a condition, may be convicted of another offence if another part of the single motor vehicle or of the combination also fails to comply with the same or a similar condition.
(3) If more than one mass limit applies to a single motor vehicle or a combination, or part of a single motor vehicle or of a combination, the lower mass limit must be complied with.
24 Exemptions in emergencies
(1) In an emergency such as a fire, explosion or natural disaster (including a drought), the Authority may exempt a single motor vehicle or a combination, or its driver or operator, from a requirement of these Regulations, if the Authority is satisfied that:
(a) the exemption will not result in an unreasonable danger to other road users; and
(b) the single motor vehicle or the combination is being used, or is intended to be used, to protect life or property, or to restore communication or the supply of energy or water or services such as sewage disposal, or to provide drought relief.
(2) An exemption may be subject to conditions imposed by the Authority.
(3) The Authority must make a written record of the exemption, and any conditions to which it is subject, but may cause it to be communicated orally to the operator.
Part 5 Interpretation
25 Notes
A note does not form part of these Regulations.
26 Definitions
Note The following definitions appear in the Vehicles and Traffic Act, and have the same meanings in these Regulations:
motor vehicle means a vehicle that is built to be propelled by a motor that forms part of the vehicle;
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; and
trailer means a vehicle that is built to be towed, or is towed, by a motor vehicle, but does not include a motor vehicle that is being towed.
In these Regulations:
Authority means:
(a) the Minister; or
(b) a prescribed person to whom the powers of the Minister have been delegated for the purpose of the provision in which the term is used.
Note Prescribed persons are set out in regulation 4. Minister refers to the Minister responsible for road transport matters in the State or Territory concerned.
B-double means a combination consisting of a prime mover towing 2 semi-trailers.
bus means a motor vehicle:
(a) built mainly to carry people; and
(b) that seats more than 9 adults (including the driver).
Class 1 vehicle means a restricted access vehicle to which the Oversize and Overmass Vehicles Regulations apply.
Class 2 notice means a notice published under these Regulations in respect of a Class 2 vehicle.
Class 2 permit means a permit issued under these Regulations in respect of a Class 2 vehicle.
Class 2 vehicle means a restricted access vehicle that complies with the mass and dimension limits prescribed in the Vehicle Standards Regulations and the Mass and Loading Regulations, and is:
(a) a B-double; or
(b) a road train; or
(c) a controlled access bus not more than 14.5 metres long; or
(d) a combination carrying vehicles on more than one deck that, together with its load, meets one or both of the following criteria:
(i) its height exceeds 4.3 metres but does not exceed 4.6 metres;
(ii) its length exceeds 19 metres; or
(e) a single motor vehicle, or a combination, that exceeds 4.3 metres, but does not exceed 4.6 metres, in height and is built to carry cattle, sheep, pigs or horses.
Class 3 notice means a notice published under these Regulations in respect of a Class 3 vehicle.
Class 3 permit means a permit issued under these Regulations in respect of a Class 3 vehicle.
Class 3 vehicle means a restricted access vehicle other than a Class 1 vehicle or a Class 2 vehicle.
combination means a motor vehicle connected to one or more vehicles.
controlled access bus means a bus, except an articulated bus, that is more than 12.5 metres long.
converter dolly means a trailer with one axle group or single axle and a fifth wheel coupling, designed to convert a semi-trailer into a dog trailer.
corresponding Authority in relation to a particular Authority, means an Authority in another jurisdiction whose functions most nearly correspond to those of the particular Authority.
dog trailer means a trailer (including a trailer consisting of a semi-trailer and converter dolly) 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.
GCM (gross combination mass), in relation to a motor vehicle, means the greatest possible sum of the maximum loaded mass of the motor vehicle and of any vehicles that may lawfully be towed by it at one time:
(a) as specified by the motor vehicle’s manufacturer:
(i) on a plate fixed to the vehicle by the manufacturer; or
(ii) if the manufacturer has not specified the sum of the maximum loaded mass on a plate fixed to the vehicle — in another place; or
(b) as specified by the vehicle registration authority if:
(i) the manufacturer has not specified the sum of the maximum loaded mass; or
(ii) the manufacturer cannot be identified; or
(iii) the vehicle has been modified to the extent that the manufacturer’s specification is no longer appropriate.
GVM (gross vehicle mass) means the maximum loaded mass of a vehicle:
(a) as specified by the manufacturer; or
(b) as specified by the vehicle registration authority if:
(i) the manufacturer has not specified a maximum loaded mass; or
(ii) the manufacturer cannot be identified; or
(iii) the vehicle has been modified to the extent that the manufacturer’s specification is no longer appropriate.
large indivisible item means an item that:
(a) cannot be divided without extreme effort, expense or risk of damage to it; and
(b) cannot be carried on any vehicle or combination without exceeding a mass or dimension limit in the Mass and Loading Regulations.
Mass and Loading Regulations means the Road Transport Reform (Mass and Loading) Regulations.
Note For the text of the Road Transport Reform (Mass and Loading) Regulations, see Schedule 1 to the National Transport Commission (Road Transport Legislation — Mass and Loading Regulations) Regulations 2005.
Ministerial Council means the Ministerial Council for Road Transport established by the Heavy Vehicles Agreement, a copy of which is set out in Schedule 1 to the National Road Transport Commission Act 1991.
operator means a person who controls or directs the operations of a single motor vehicle or a combination, or who is otherwise responsible for it.
Oversize and Overmass Vehicles Regulations means the Road Transport Reform (Oversize and Overmass Vehicles) Regulations.
Note For the text of the Road Transport Reform (Oversize and Overmass) Regulations, see Schedule 1 to the National Transport Commission (Road Transport Legislation — Oversize and Overmass Regulations) Regulations 2005.
restricted access vehicle means a single motor vehicle or a combination which alone, or together with any load, exceeds one or more of the following limits:
(a) a mass limit prescribed in the Mass and Loading Regulations; or
(b) one of the following dimension limits:
(i) a width of 2.5 metres;
(ii) a height of 4.3 metres;
(iii) a length of 12.5 metres in the case of a single motor vehicle or 19 metres in the case of a combination;
(iv) any other dimension limit specified in the Vehicle Standards Regulations.
Note The Oversize and Overmass Vehicles Regulations apply to a vehicle or combination that:
(a) together with any load, exceeds:
(i) a mass limit in the Mass and Loading Regulations; or
(ii) a dimension limit in the Vehicle Standards Regulations or the Mass and Loading Regulations; and
(b) is of one of the following kinds:
(i) a special purpose vehicle; or
(ii) an agricultural machine or agricultural implement; or
(iii) a vehicle or combination, including a low loader or load platform combination, that is specially designed for the carriage of a large indivisible item or is carrying a large indivisible item (but excluding B-doubles, road trains, vehicles and combinations carrying containers and those used only on a railway or tramway).
Under subregulation 5 (1), Class 1 vehicles are excluded from the scope of these Regulations because they are dealt with under the Oversize and Overmass Vehicles Regulations.
road train means a combination, other than a B-double, consisting of a motor vehicle towing at least 2 trailers (counting as one trailer a converter dolly supporting a semi-trailer).
single motor vehicle means a motor vehicle that is not part of a combination.
vehicle registration authority, in relation to a vehicle, means:
(a) the authority that last registered the vehicle; or
(b) if the vehicle has never been registered — the authority responsible for registering vehicles in the jurisdiction in which the vehicle is used or is intended to be used.
Vehicle Standards Regulations means the Road Transport Reform (Heavy Vehicle Standards) Regulations.
Note For the text of the Road Transport Reform (Heavy Vehicle Standards) Regulations, see Schedule 1 to the National Transport Commission (Road Transport Legislation — Heavy Vehicle Standards Regulations) Regulations 2005.
Vehicles and Traffic Act means the Road Transport Reform (Vehicles and Traffic) Act 1993.
Note For the text of the Road Transport Reform (Vehicles and Traffic) Act 1993, see Schedule 1 to the National Transport Commission (Road Transport Legislation — Vehicles and Traffic Act) Regulations 2005.