Australian Capital Territory Numbered Acts

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MOTOR VEHICLES (DIMENSIONS AND MASS) ACT 1990 (NO. 13 OF 1990) - SECT 3

Interpretation

3. (1) In this Act, unless the contrary intention appears—“Administrative Appeals Tribunal” means the Australian Capital Territory Administrative Appeals Tribunal; “approved portable weighing device” means a device approved under subsection 49 (1); “articulated bus” means a bus that consists of 2 or more sections that have been so constructed and coupled that—

        (a)     rotary movement of the sections that are directly coupled to one another is possible about the point of articulation between them; and

        (b)     persons may move freely between all the sections of the bus while it is in motion;

“articulated vehicle” means a vehicle comprising a motor vehicle and a semi-trailer that is coupled to it;
“axle” means a part of a vehicle consisting of one or more shafts, spindles or bearings in the same transverse vertical plane, or between 2 parallel transverse vertical planes not more than one metre apart, by means of which, in conjunction with the wheels mounted on the shafts, spindles or bearings, the whole or part of the mass of the vehicle and its load may be carried;
“axle group” means a twin-steer axle group, a tandem axle group or a triaxle group;
“axle group centre” means—

        (a)     in relation to a tandem axle group where one axle has the same number of wheels as the other—the transverse line located midway between the centre lines of the axles;

        (b)     in relation to a tandem axle group where one axle has twice the number of the wheels of the other—a transverse line located one third of the distance from the centre line of the axle with the greater number of wheels to the centre line of the other axle; or

        (c)     in relation to an axle group that has more than 2 axles—a transverse line located midway between the centre lines of the most rearward and the most forward axles of the axle group;

“axle group load”, in relation to an axle group of a vehicle, means the aggregate of the axle loads of the axles of the axle group;
“axle load”, in relation to an axle of a vehicle, means the aggregate of the mass carried by the several wheels of the axle;
“bus” means a motor vehicle designed for the principal purpose of carrying passengers and so constructed or fitted as to provide seating for more than 8 adult persons;
“centre line”, in relation to an axle of a vehicle, means the longitudinal centre line of the axle;
“corresponding law”, in relation to a law of the Territory, means a law that is similar, or has a similar effect, to the law of the Territory;
“Court” means the Magistrates Court;
“Deputy Registrar” means a Deputy Registrar of Motor Vehicles appointed under the Motor Traffic Act;
“determined”, in relation to mass, means determined under subsection 57 (2) for the purposes of the provision in which the expression appears;
“determined fee” means the fee determined under subsection 57 (1) for the purposes of the provision in which the expression appears;
“dog trailer” means a self-tracking trailer having a steerable axle or steerable axle group towards the front and an axle or axle group towards the rear;
“drawbar length”, in relation to a trailer, means the distance measured horizontally and parallel to the longitudinal axis of the trailer from the centre line of the towing pivot of the trailer to—

        (a)     where the most forward axle of the trailer is not part of an axle group—the longitudinal centre line of the axle; or

        (b)     where the most forward axle of the trailer is part of an axle group—the axle group centre of that axle group;

“driver”, in relation to a vehicle, means the person driving, or apparently in charge of, the vehicle;
“forward projection”, in relation to a vehicle, means the distance measured horizontally and parallel to the longitudinal axis of the vehicle from the most forward point of the vehicle to the rear axle centre of the vehicle;
“gross combination mass”, in relation to a vehicle comprising a motor vehicle and a trailer or semi-trailer that is coupled to the motor vehicle, means the aggregate of—

        (a)     the gross mass of the motor vehicle; and

        (b)     the gross mass of the trailer or semi-trailer;

“gross mass”, in relation to a vehicle, means the aggregate of—

        (a)     the mass of the vehicle;

        (b)     the mass of any equipment being carried by the vehicle; and

        (c)     the mass of any load being carried by the vehicle;

“identity card” means an identity card issued to an inspector under subsection 8 (1);
“inspector” means a person appointed to be an inspector under section 7;
“load sharing system” means an axle group suspension system that, by hydraulic, pneumatic, mechanical or other means, shares the mass carried by an axle group substantially equally among the wheels of the axle group;
“manufacturer's gross combination mass”, in relation to a vehicle comprising a motor vehicle and a trailer or semi-trailer that is coupled to the motor vehicle, means the mass that the manufacturer of the vehicle recommends should not be exceeded by the gross combination mass of the motor vehicle and the trailer or semi-trailer;
“manufacturer's gross vehicle mass”, in relation to a vehicle, means the mass that the manufacturer of the vehicle recommends should not be exceeded by the gross mass of the vehicle;
“Motor Traffic Act” means the Motor Traffic Act 1936 ;
“motor vehicle” means a vehicle that uses, or is designed to use, a source of power other than human or animal power as the principal means of propulsion;
“notice of offence” means a notice under section 46;
“permit” means a permit issued under subsection 27 (1);
“pig trailer” means a trailer (not being a semi-trailer) that is supported by 1 axle or axle group;
“public place” has the same meaning as in the Motor Traffic Act;
“public street” has the same meaning as in the Motor Traffic Act;
“rear axle centre”, in relation to a vehicle, means—

        (a)     in the case of a vehicle on which the most rearward axle is not part of an axle group—the centre line of that axle; or

        (b)     in the case of a vehicle on which the most rearward axle is part of an axle group—the axle group centre of that axle group;

“rear overhang”, in relation to a vehicle, means the distance measured horizontally and parallel to the longitudinal axis of a vehicle from the most rearward point of the vehicle to the rear axle centre of the vehicle;
“Registrar” means the Registrar of Motor Vehicles appointed under the Motor Traffic Act;
“retractable axle” means an axle that forms part of an axle group of a vehicle and is connected to a mechanism that enables the axle to be raised or lowered relative to the horizontal datum of the vehicle so as to vary substantially the load distribution between the axles of the axle group;
“semi-trailer” means a trailer that is so designed that—

        (a)     its front part can be superimposed upon, and attached to, the rear part of a motor vehicle so as to pivot about a point of articulation located forward of the most rearward axle of the motor vehicle; and

        (b)     when its front part is attached to a motor vehicle in the manner specified in paragraph (a), a part of the mass of the trailer is borne by the motor vehicle;

“tandem axle group” means 2 adjacent axles of a vehicle that have centre lines lying in 2 transverse parallel vertical planes that are more than 1 metre apart and not more than 2 metres apart;
“trader's plate” means a number plate issued under Part IV of the Motor Traffic Act or under corresponding provisions of a law of a State or another Territory;
“trailer” means a vehicle without motive power (not being a side-car) that is designed to be attached to a motor vehicle;
“triaxle group” means 3 adjacent axles of a vehicle that have a suspension system that complies with section 20, being axles that are so located that the axles at the extremities of the group have centre lines lying in 2 transverse parallel vertical planes that are not less than 2 metres apart nor more than 3.2 metres apart;
“twin-steer axle group”, in relation to a vehicle, means 2 axles—

        (a)     the centre lines of which lie in 2 transverse parallel vertical planes that are more than 1 metre apart and not more than 2 metres apart;

        (b)     each of which has 1 wheel only at each end; and

        (c)     all the wheels of which are connected to the same steering mechanism of the vehicle;

“vehicle” means any means of conveyance that runs on wheels other than a vehicle that runs on a railway;
“wheel” means a wheel fitted with a tyre;
“wide profile tyre” means a pneumatic tyre having a distance of not less than 37.5 centimetres between the outside of its side walls.

(2) For the purposes of the definitions of “forward projection” and “rear overhang” in subsection (1)—

        (a)     an axle that is—

              (i)     a steerable axle which is not connected to a steering mechanism; or

              (ii)     a retractable axle;

shall be deemed not to be an axle; and

        (b)     any equipment permanently affixed to a vehicle shall be taken to be part of the vehicle.

(3) In this Act—

        (a)     a reference to a single axle shall be read as including a reference to 2 axles that have centre lines lying in 2 transverse parallel vertical planes 1 metre or less apart;

        (b)     a reference to the mass carried by a wheel of a vehicle shall be read as including a reference to the mass of that wheel;

        (c)     a reference to a journey shall be read as including a reference to the route over which the journey is made; and

        (d)     a reference to a driver's licence shall be read as a reference to a licence to drive a motor vehicle issued under the Motor Traffic Act or under a corresponding law of a State or another Territory.

(4) For the purposes of this Act, the driver of a motor vehicle to which a trailer is attached shall be taken to be the driver of the trailer.

(5) For the purposes of this Act—

        (a)     the owner of a vehicle shall be taken to be—

              (i)     in the case of a vehicle that is registered under the Motor Traffic Act—the person specified in the certificate of registration in force in respect of the vehicle under that Act as the owner of the vehicle;

              (ii)     in the case of a vehicle that is registered under a law of a State or another Territory—the person specified in the certificate of registration in force in respect of the vehicle under that law as the owner of the vehicle;

              (iii)     in the case of a motor vehicle to which trader's plates are affixed—the trader to whom those plates have been issued under the Motor Traffic Act or under a corresponding law of a State or of another Territory; or

              (iv)     in the case of an unregistered vehicle (other than a vehicle referred to in subparagraph (iii)) in respect of which a permit is in force—the person specified in the permit as the owner of the vehicle;

unless the contrary is established; and

        (b)     the owner of a vehicle other than a vehicle referred to in paragraph (a) shall be taken to be the person who, alone or jointly with another person, is entitled to the immediate possession of the vehicle.


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