Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSCHEDULE 3 (See s 5)
ACTS AMENDED
Ambulance Service Levy Act 1990
Omit the paragraph, substitute the following paragraph:
“(b) Part 10 (Compulsory vehicle insurance) of the Road Transport (General) Act 1999 .”.
Omit the paragraph, substitute the following paragraphs:
“(c) any of the following provisions of the Road Transport (Safety and Traffic Management) Act 1999 :
(i) subsection 6 (1) (which is about negligent driving);
(ii) subsection 7 (1) (which is about furious, reckless or dangerous driving);
(iii) subsection 8 (1) or (2) (which are about menacing driving); or
“(ca) an offence against section 129 of the Motor Traffic Act 1936 (which is about reckless, dangerous or negligent driving);”.
After section 58 insert the following Part:
“ PART 8—TRANSITIONAL
“39 Expiry—Motor Traffic Act reference
Paragraph (ca) of the definition of domestic violence offence in subsection 3 (1) and this section cease to have effect on 1 January 2002.”.
Paragraph 29 (4) (b)—
Omit the paragraph, substitute the following paragraph:
“(b) a police officer for a screening, breath or blood test under the Road Transport (Alcohol and Drugs) Act 1977 ; or”.
Credit Act 1985
Omit “ Motor Traffic Act 1936 ”, substitute “ Road Transport (Vehicle Registration) Act 1999 ”.
Omit the paragraph, substitute the following paragraphs:
“(c) any of the following provisions of the Road Transport (Safety and Traffic Management) Act 1999 :
(i) subsection 6 (1) (which is about negligent driving);
(ii) subsection 7 (1) (which is about furious, reckless or dangerous driving);
(iii) subsection 8 (1) or (2) (which are about menacing driving); or
“(ca) an offence against section 129 of the Motor Traffic Act 1936 (which is about reckless, dangerous or negligent driving);”.
Omit the definition, substitute the following definition:
Omit “harm;”, substitute “harm; or”.
After paragraph (g) insert the following paragraph:
“(h) interferes with a prescribed traffic control device (within the meaning of the Road Transport (Safety and Traffic Management) Act 1999 in circumstances likely to endanger life or cause a person grievous bodily harm;”.
Omit the subsection, substitute the following subsection:
“(1) In this section—
“ Note Under section 62 (Automatic disqualification for culpable driving) of the Road Transport (General) Act 1999 , if a person is convicted, or found guilty, of an offence against this section, the person is automatically disqualified from holding or obtaining a driver licence.”.
Omit the paragraph, substitute the following paragraph:
“(a) against the Road Transport (Alcohol and Drugs) Act 1977 ; or”.
Omit the paragraph, substitute the following paragraph:
“(b) that is an infringement notice offence for the Road Transport (General) Act 1999 , if the police officer questioning the relevant person for the offence—
(i) intends to serve an infringement notice under that Act on the person for the offence; or
(ii) intends to take no further action against the person for the offence.”.
Omit the paragraphs, substitute the following paragraphs:
“(d) if the person holds a driver licence under the Road Transport (Driver Licensing) Act 1999 —disqualify the person from holding or obtaining a driver licence for the period the court considers appropriate; or
(e) if the person does not hold a driver licence under that Act— disqualify the person from obtaining a driver licence for the period the court considers appropriate.
“ Note The effect of disqualification is set out in the Road Transport (General) Act 1999 , s 66.”.
Omit the subsection, substitute the following subsection:
“(2) If the court makes an order under this section, the court must give particulars of the order to the road transport authority.”.
Omit the paragraph, substitute the following paragraph:
“(d) disqualify the person from holding or obtaining a driver licence under the Road Transport (Driver Licensing) Act 1999 for the period the court considers appropriate; or”.
Add at the end the following note:
“ Note The effect of disqualification (mentioned in paragraph (d)) is set out in the Road Transport (General) Act 1999 , s 66.”.
After subsection (2) insert the following subsection:
“(3) If the court makes an order mentioned in paragraph (2) (d), the court must give particulars of the order to the road transport authority.”.
After section 578 insert the following Part:
“ PART 17—TRANSITIONAL
“578 Expiry—Motor Traffic Act
Paragraph (ca) of the definition of domestic violence offence in subsection 4 (1) and this section cease to have effect on 1 January 2002.”.
Criminal Injuries Compensation Act 1983
Omit “ Motor Vehicles (Dimensions and Mass) Act 1990 ”, substitute “ Road Transport (General) Act 1999 ”.
Dog Control Act 1975
Omit the paragraph, substitute the following paragraph:
“(b) a public vehicle within the meaning of section 100 of the Road Transport (General) Act 1999 .”.
Omit the subparagraph, substitute the following subparagraphs:
“(iii) any of the following provisions of the Road Transport (Safety and Traffic Management) Act 1999 :
(A) subsection 6 (1) (which is about negligent driving);
(B) subsection 7 (1) (which is about furious, reckless or dangerous driving);
(C) subsection 8 (1) or (2) (which are about menacing driving); or
(iv) section 129 of the Motor Traffic Act 1936 (which is about reckless, dangerous or negligent driving);”.
Add at the end the following subsection:
“(3) Subparagraph 4A (1) (c) (iv) and this subsection cease to have effect on 1 January 2002.”.
Omit the definition, substitute the following definition:
(a) an application under the Vehicle Registration Act to register a motor vehicle; or
(b) an application under the Vehicle Registration Act to transfer the registration of a motor vehicle.”.
Omit the definition.
Omit “Motor Traffic Act”, substitute “Vehicle Registration Act”.
Omit the definition, substitute the following definition:
(a) the Vehicle Registration Act or another ACT law; or
(b) a law of the Commonwealth, a State or another Territory.”.
Insert the following definition:
Omit “Motor Traffic Act”, substitute “Vehicle Registration Act”.
Omit “that Act”, substitute “that Act or any other ACT law”.
Omit “the persons”, substitute “the people, or any of the people,”.
Omit “Motor Traffic Act”, substitute “Vehicle Registration Act”.
Omit “Motor Traffic Act”, substitute “Vehicle Registration Act”.
Omit the subsection, substitute the following subsections:
“(3) For this section, a vehicle is a veteran, vintage or historic vehicle if it is such a vehicle within the meaning of the regulations under the Vehicle Registration Act.
“(4) The reference in paragraph (1) (a) to the Vehicle Registration Act includes a reference to the Motor Traffic Act 1936 .
“(5) Subsection (4) and this subsection cease to have effect 2 years after the commencement of the Road Transport (General) Act 1999 .”.
Omit the paragraph, substitute the following paragraph:
“(a) at the time the application was made, the applicant was recorded as the registered operator of the vehicle in the register of an Australian jurisdiction corresponding to the registrable vehicles register within the meaning of the Road Transport (Vehicle Registration) Act 1999 ; and”.
Omit the definition.
Omit the words before paragraph (a), substitute the following words:
“(1) Despite anything in the Vehicle Registration Act, the road transport authority may register a motor vehicle under that Act only if—”.
Omit “that Act”, substitute “the Vehicle Registration Act, the Motor Traffic Act 1936 ”.
Omit “Motor Traffic Act”, substitute “Vehicle Registration Act”.
Omit “Registrar”, substitute “road transport authority”.
Omit the subsection, substitute the following subsections:
“(3) A person claiming exemption of an application for the registration of a vehicle from duty because of section 217 must give the road transport authority any relevant information the authority requires.
“(4) The reference in subparagraph 221 (1) (d) (ii) to the Vehicle Registration Act includes a reference to the Motor Traffic Act 1936 .
“(5) Subsection (4) and this subsection cease to have effect 2 years after the commencement of the Road Transport (General) Act 1999 .”.
Section 223—
Repeal the section, substitute the following section:
“223 Returns by road transport authority
As soon as practicable after the end of each month, the road transport authority must give the commissioner particulars of all certificates given for section 221 during the month.”.
Omit “Registrar”, substitute “road transport authority”.
Emergency Management Act 1999
Paragraph 67 (4) (b)—
Omit the paragraph, substitute the following paragraph:
“(b) Part 10 (Compulsory vehicle insurance) of the Road Transport (General) Act 1999 .”.
Environment Protection Act 1997
Omit the definition, substitute the following definition:
Omit the paragraph, substitute the following paragraph:
“(e) a motor vehicle being driven on a road, unless the motor vehicle—
(i) is being driven on the road for the purpose of conducting reliability trials or speed tests; and
(ii) has been exempted under the road transport legislation from the provisions of that legislation about attaching silencers to the exhaust pipes of motor vehicles, rules of the road and speed limits during the trials or tests.”.
Omit the subsection, substitute the following subsection:
“(3) In this section—
Omit the paragraph, substitute the following paragraph:
“(b) a motor vehicle reliability trial or speed test, including a trial or test for which the vehicles have been exempted under the road transport legislation from the provisions of that legislation about attaching silencers to the exhaust pipes of motor vehicles, rules of the road and speed limits during the trial or test.”.
Insert the following definition:
Omit the subclause, substitute the following subclause:
“(2) A reference in this clause to a motor vehicle that is designed to operate on unleaded petrol is a reference to an unleaded petrol motor vehicle within the meaning of the regulations under the Road Transport (Vehicle Registration) Act 1999 .”.
Omit the definition, substitute the following definition:
Insert the following definition and note:
Note The chief executive of the department responsible for the Road Transport (General) Act 1999 is the road transport authority (see Road Transport (General) Act 1999 , s 16).”.
Land (Planning and Environment) Act 1991
Omit the definition.
Omit the definition, substitute the following definition:
Repeal the section, substitute the following section:
“216 Access to leased land from roads and road related areas
“(1) If the Executive grants a lease of Territory land on behalf of the Commonwealth, it must during the term of the lease give the lessee—
(a) direct access to the leased land from a road or road related area; or
(b) access to the leased land from a road or road related area by way of an access road or track, or in another way, that the lessee may use without charge and for all purposes at any hour of the day or night.
“(2) A way of access to leased land provided by the Executive because of paragraph (1) (b)—
(a) must not interfere with a building, garden or stockyard on the land at the time the way of access is provided; and
(b) must be located in a way that causes as little damage or inconvenience to the lessee as possible.
“(3) In this section—
Omit the paragraph, substitute the following paragraph:
“(b) for an application relating to the parking of heavy vehicles on residential land under the regulations under the Road Transport (Safety and Traffic Management) Act 1999 —to the Minister administering that Act.”.
Omit the paragraph, substitute the following paragraph:
“(b) for an application for an order relating to the parking of heavy vehicles on residential land under the regulations under the Road Transport (Safety and Traffic Management) Act 1999 —by the Minister administering that Act.”.
Omit the subsection, substitute the following subsection:
“(4C) If the Minister makes an order under subsection (4B) that relates to the parking of a heavy vehicle on residential land under the Road Transport (Safety and Traffic Management) Act 1999 , the Minister must, as soon as practicable after the order is made, give a copy of the order to the Minister administering that Act.”.
After item 11, insert the following item:
12 | Parking a heavy vehicle on residential land in contravention of a code of practice in relation to the parking of heavy vehicles under the Road Transport (Safety and Traffic Management) Regulations 1999 | 20 penalty units |
Law Reform (Miscellaneous Provisions) Act 1955
Subsection 8 (2)—
Omit “by or under Part V of the Motor Traffic Act 1936 ”, substitute “under Part 10 (Compulsory vehicle insurance) of the Road Transport (General) Act 1999 ”.
Section 28—
Omit “Part V of the Motor Traffic Act 1936 ”, substitute “Part 10 (Compulsory vehicle insurance) of the Road Transport (General) Act 1999 ”.
Liquor Act 1975
Omit the definition, substitute the following definition:
(a) an Australian driver licence within the meaning of the Road Transport (Driver Licensing) Act 1999 ; or
(b) an external driver licence within the meaning of that Act.”.
Omit “registrar”, substitute “road transport authority”.
Omit “registrar”, substitute “road transport authority”.
Omit the definition, substitute the following definition:
Omit the definitions.
Omit the definition.
Omit the subsection.
After section 116A insert the following section:
“116AA Meaning of prescribed offence for Pt 7A
“(1) For this Part, an offence against a law in force in the Territory is a prescribed offence in relation to a person if—
(a) for an offence against the road transport legislation—the maximum fine that can be imposed on the person for the offence is—
(i) if the person is an individual—30 penalty units; or
(ii) if the person is a corporation—150 penalty units; or
(b) for any other offence—the maximum fine that can be imposed on the person for the offence is—
(i) if the person is an individual—10 penalty units; or
(ii) if the person is a corporation—50 penalty units.
“(2) In subsection (1)—
(a) the Road Transport (Dimensions and Mass) Act 1990 ;
(b) the Road Transport (Driver Licensing) Act 1990 ;
(c) the Road Transport (General) Act 1990 ;
(d) the Road Transport (Safety and Traffic Management) Act 1999 ;
(e) the Road Transport (Vehicle Registration) Act 1999 ;
(f) any other Act or any regulations (or provision of an Act or regulations) prescribed under the regulations;
(g) any regulations made under an Act mentioned in paragraphs (a) to (f) or any provisions of such an Act.”.
Omit the subsection, substitute the following subsection:
“(2) If a person to whom a default notice has been given subsequently defaults in payment of the fine, the registrar must give notice of the default to the road transport authority under section 153.”.
Omit the section, substitute the following section:
“153 Notice for suspension of driver licence etc
“(1) The registrar must notify the road transport authority of the name, address and date of birth of each person who, after being given a default notice for a fine, defaults in payment of the outstanding fine.
“(2) If notice is given under subsection (1) and the registrar subsequently approves an arrangement under section 152, the registrar must notify the road transport authority of the approval.
“(3) If notice has been given under subsection (1) and no later notice has been given under subsection (2), the registrar must notify the road transport authority if—
(a) the outstanding fine is paid; or
(b) the outstanding fine is remitted under section 159; or
(c) the person has completed serving a period of imprisonment under a committal under section 154D; or
(d) the conviction or order that gave rise to the liability to pay the fine is quashed or set aside.”.
Omit “Registrar of Motor Vehicles”, substitute “road transport authority”.
Magistrates Court (Civil Jurisdiction) Act 1982
Paragraph 85 (1) (a)—
Omit “within the meaning of Part V of the Motor Traffic Act 1936 ”, substitute “under Part 10 (Compulsory vehicle insurance) of the Road Transport (General) Act 1999 ”.
Schedule 1, form 30—
Omit “Motor Traffic Act 1936”, substitute “ Road Transport (General) Act 1999 ”.
Motor Traffic (Alcohol and Drugs) Act 1977
Repeal the section, substitute the following note and section:
“ Note This Act and the regulations made under it form part of the road transport legislation. Other road transport legislation includes the Road Transport (Dimensions and Mass) Act 1990 , the Road Transport (Driver Licensing) Act 1999 , the Road Transport (General) Act 1999 , the Road Transport (Safety and Traffic Management) Act 1999 , the Road Transport (Vehicle Registration) Act 1999 and the regulations made under those Acts. As part of the road transport legislation, this Act is subject to various provisions in the Road Transport (General) Act 1999 about the administration and enforcement of the road transport legislation generally.
“1 Name of Act
This Act is the Road Transport (Alcohol and Drugs) Act 1977 .”.
Repeal the section, substitute the following section:
“3 Definitions—the dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary defines certain words and expressions, and includes references ("signpost definitions") to other words and expressions defined elsewhere in this Act or elsewhere in the road transport legislation.
For example, the signpost definition ‘ driver licence —see the Road Transport (Driver Licensing) Act 1999 , dictionary' means the expression ‘driver licence' is defined in the dictionary to that Act and the definition applies to this Act.
Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Interpretation Act 1967 , s 11F and s 11G).”.
Relocate the definitions to the dictionary.
Repeal the remainder of the section.
Before section 5, insert the following sections:
“4 Notes
A note in this Act is explanatory and is not part of this Act.
“4A Meaning of public place
“(1) For this Act—
(a) an off-street parking area; or
(b) an area for the parking of motor vehicles on, or in the vicinity of, licensed premises; or
(c) an area for the parking of motor vehicles by people attending a drive-in or other open-air theatre or cinema; or
(d) a loading area; or
(e) a wharf, pier or jetty; or
(f) the foreshores of a lake; or
(g) a park, reserve, recreational or sporting ground, racecourse or other open place, that is used by the public or to which the public has access, whether with or without payment for admission; or
(h) the entrances to and the exits from, and the passages and driveways in, an area or place mentioned in paragraphs (a) to (g).
“(2) In this section—
(a) Petrie Street, Alinga Street, East Row and London Circuit; or
(b) Petrie Street, Bunda Street, Garema Place and Alinga Street; or
(c) East Row, Alinga Street, Northbourne Avenue and London Circuit; or
(d) Northbourne Avenue, Alinga Street, West Row and London Circuit.
(a) situated between the entrances to and exits from the area and a public street; and
(b) used for access to the area.
“4B Meaning of special driver
“(1) For this Act, a person is a special driver if—
(a) the person is not the holder of an Australian driver licence or external driver licence; or
(b) the person's Australian driver licence or external driver licence is suspended; or
(c) the person is disqualified from holding or obtaining an Australian driver licence by a court in Australia or under the law of any jurisdiction; or
(d) the person holds a learner licence, provisional licence, probationary licence or restricted licence within the meaning given by the Road Transport (Driver Licensing) Act 1999 , dictionary; or
(e) the person is the holder of an Australian driver licence and is driving a motor vehicle of a kind that the person is not authorised to drive by the licence; or
(f) the person is the driver of—
(i) a Commonwealth vehicle; or
(ii) a dangerous goods vehicle; or
(iii) a heavy vehicle; or
(iv) a public vehicle under the Road Transport (General) Act 1999 .
“(2) However, paragraph (1) (a) does not apply to a person who is exempted from holding a driver licence under the Road Transport (Driver Licensing) Act 1999 .
“(3) In this section—
(a) bears a label attached to the windscreen that displays the letter ‘C' followed by a 7-pointed star, both in white on a blue background, and the word ‘COMCAR' in blue on a white background; or
(b) is a motor vehicle that is declared by the Minister, by notice in the Gazette, to be a Commonwealth vehicle for this Act.
(a) a motor vehicle that has a GVM over 15 tonnes; or
(b) a motor vehicle and trailer combination, or a combination of semitrailer coupled to a motor vehicle, that has a GCM over 15 tonnes.
“4C Meaning of level of alcohol concentration
A reference in this Act to a concentration of alcohol in blood at a level that is mentioned in column 2 of an item in the following table is a reference to a concentration of alcohol in 100 millilitres of blood that is mentioned in column 3 of that item of the table:
column 1 item | column 2 level | column 3 blood alcohol concentration |
1 | level 1 | .02 grams or more but less than .05 grams |
| 2 | level 2 |
.05 grams or more but less than .08 grams |
| 3 | level 3 | .08 grams or more but less than .15 grams |
| 4 | level 4 | .15 grams or more |
“4D Meaning of repeat offender and first offender
“(1) A person who is convicted, or found guilty, of a disqualifying offence is a repeat offender in relation to the offence if the person has been convicted, or found guilty, of a relevant offence within 5 years before being convicted or found guilty of the disqualifying offence.
“(2) A person who is convicted, or found guilty, of a disqualifying offence is a first offender in relation to the offence if the person is not a repeat offender in relation to the offence.
“(3) In this section—
(a) a disqualifying offence; or
(b) a corresponding offence; or
(c) an offence of culpable driving; or
(d) an offence against subsection 6 (1) of the Road Transport (Safety and Traffic Management) Act 1999 (which is about negligent driving) that occasions death or grievous bodily harm (within the meaning of that subsection); or
(e) an offence against any of the following provisions of the Road Transport (Safety and Traffic Management) Act 1999 :
(i) subsection 7 (1) (which is about furious, reckless or dangerous driving);
(ii) subsection 8 (1) or (2) (which are about menacing driving); or
(f) an offence against any of the following provisions of the Road Transport (Driver Licensing) Act 1999 :
(i) subsection 32 (1), (2) or (3) (which are about driving or fraudulently applying for a driver licence while disqualified or after licence suspension, cancellation or refusal);
(ii) subsection 33 (1) (which is about contravention of conditions of a restricted licence); or
(g) an offence about any of the following provisions of the Motor Traffic Act 1936 :
(i) section 11D (which is about contravention of conditions of a special probationary licence);
(ii) subsection 121 (1) (which is about reckless driving or driving in a dangerous manner);
(iii) subsection 121 (1A) (which is about negligent driving);
(iv) subsection 147A (1) (which is about driving at a dangerous speed);
(v) subsection 191 (2) (which is about driving or obtaining a driver licence) while disqualified or after licence suspension).”.
Omit “by notice in the Gazette ”, substitute “by written notice”.
(a) Omit “Commissioner of Police”, substitute “chief police officer”.
(b) Omit “notice in writing”, substitute “written notice”.
(c) Omit “before or after the commencement of this Act” and “, before or after that commencement,”.
(a) Omit “notice in writing”, substitute “written notice”.
(b) Renumber the subsection (as amended) as subsection (2).
Repeal the section, substitute the following section:
“7 Notices to be published in the Gazette
A notice made under section 5 or 6 must be published in the Gazette as soon as practicable after it is made.”.
Omit the paragraph, substitute the following paragraph:
“(b) the police officer has reasonable cause to suspect that, shortly before the requirement is made, the person was the driver of a motor vehicle on a public street or in a public place.”.
Omit “medical practitioner”, substitute “doctor”.
Omit “his or her place of abode”, substitute “the place where the person usually lives”.
Omit “the person's place of abode”, substitute “the place where the person usually lives”.
Omit “medical practitioner”, substitute “doctor”.
Omit “practitioner”, substitute “doctor”.
Omit “medical practitioner” (wherever occurring), substitute “doctor”.
Omit “medical practitioner”, substitute “doctor”.
Omit “medical practitioner” (wherever occurring), substitute “doctor”.
Omit “medical practitioner”, substitute “doctor”.
Add at the end the following section:
“18A Taking blood samples from people involved in accidents
“(1) In this section—
(a) involving a vehicle the person was driving or attempting to drive; or
(b) involving an animal the person was riding or driving or attempting to ride or drive; or
(c) in which the person was involved as a pedestrian.
(a) a bicycle; or
(b) an animal-drawn vehicle.
“(2) Sections 15AA, 15A, 15B, 16, 16A, 17, 23 and 41A apply in relation to a person involved in an accident, or a sample taken from the body of such a person, as if the person were a driver involved in an accident.”.
Omit “medical practitioner”, substitute “doctor”.
Add at the end the following section:
“24A Driver etc intoxicated
“(1) A person must not drive or ride a vehicle or animal on a public street, or be in charge of a vehicle or animal on a public street, while under the influence of alcohol.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
“(2) A person arrested for an offence against this section is entitled, on request, to be examined by a doctor.
“(3) If a request for examination is made, the person making the arrest must provide reasonable facilities for the examination.
“(4) In this section—
(a) a bicycle; or
(b) an animal-drawn vehicle.”.
Repeal the section.
Omit “this Act”, substitute “the road transport legislation”.
Add at the end the following subsection:
“(5) In this section—
(a) in relation to alcohol dependence—a program that is approved by the Minister under subsection 44 (1); or
(b) in relation to drug dependence within the meaning of the Drugs of Dependence Act 1989 —treatment at an approved treatment centre under that Act.”.
Repeal the section.
Repeal the sections, substitute the following sections:
“32 Automatic driver licence disqualification—first offenders, s 19
“(1) This section applies only to first offenders.
“(2) If a court convicts a special driver, or finds a special driver guilty, of an offence against subsection 19 (1) and finds that the concentration of alcohol in the person's blood was at a level mentioned in column 2 of an item of the table in this section, the person is automatically disqualified from holding or obtaining a driver licence for—
(a) the period mentioned in column 4 of that item; or
(b) if the court orders a shorter period of disqualification that is not less than the period mentioned in column 3 of that item—the shorter period.
“(3) If a court convicts a person other than a special driver, or finds a person other than a special driver guilty, of an offence against subsection 19 (1) and finds that the concentration of alcohol in the person's blood was at level 2, 3 or 4, the person is automatically disqualified from holding or obtaining a driver licence for—
(a) the period mentioned in column 4 of the item applying to that level in the table in this section; or
(b) if the court orders a shorter period of disqualification that is not less than the period mentioned in column 3 of that item—the shorter period.
column 1 item | column 2 blood alcohol concentration level | column 3 minimum disqualification | column 4 default disqualification |
| 1 | level 1 | 1 month | 3 months |
| 2 | level 2 | 2 months | 6 months |
| 3 |
level 3 | 3 months | 12 months |
| 4 | level 4 | 6 months | 3 years |
Note The effect of disqualification is set out in the Road Transport (General) Act 1999 , s 66.
“33 Automatic driver licence disqualification—repeat offenders, s 19
“(1) This section applies only to repeat offenders.
“(2) If a court convicts a special driver, or finds a special driver guilty, of an offence against subsection 19 (1) and finds that the concentration of alcohol in the person's blood was at a level mentioned in column 2 of an item of the table in this section, the person is automatically disqualified from holding and obtaining a driver licence for—
(a) the period mentioned in column 4 of that item; or
(b) if the court orders a shorter period of disqualification that is not less than the period mentioned in column 3 of that item—the shorter period.
“(3) If a court convicts a person other than a special driver, or finds a person other than a special driver guilty, of an offence against subsection 19 (1) and finds that the concentration of alcohol in the person's blood was at level 2, 3 or 4, the person is automatically disqualified from holding or obtaining a driver licence for—
(a) the period mentioned in column 4 of the item applying to that level in the table in this section; or
(b) if the court orders a shorter period of disqualification that is not less than the period mentioned in column 3 of that item—the shorter period.
column 1 item | column 2 blood alcohol concentration level | column 3 minimum disqualification | column 4 default disqualification |
| 1 | level 1 | 3 months | 12 months |
| 2 | level 2 | 3 months | 12 months |
| 3 |
level 3 | 6 months | 3 years |
| 4 | level 4 | 12 months | 5 years |
Note The effect of disqualification is set out in the Road Transport (General) Act 1999 , s 66.
“34 Automatic driver licence disqualification—offences other than s 19
“(1) If a court convicts a first offender, or finds a first offender guilty, of a disqualifying offence, other than an offence against subsection 19 (1), the person is automatically disqualified from holding or obtaining a driver licence for—
(a) 3 years; or
(b) if the court orders a shorter period of disqualification that is at least 6 months—the shorter period.
“(2) If a court convicts a repeat offender, or finds a repeat offender guilty, of a disqualifying offence, other than an offence against subsection 19 (1), the person is automatically disqualified from holding or obtaining a driver licence for—
(a) 5 years; or
(b) if the court orders a shorter period of disqualification that is at least 12 months—the shorter period.
Note The effect of disqualification is set out in the Road Transport (General) Act 1999 , s 66.”.
Repeal the sections.
Repeal the section.
Omit the subparagraph, substitute the following subparagraph:
“(i) that he or she was on a specified date an approved operator; and”.
Omit the subparagraph, substitute the following subparagraph:
“(i) that he or she was on a specified date an approved operator; and”.
Omit the paragraph.
Omit “medical practitioner” (wherever occurring), substitute “doctor”.
Omit the paragraph, substitute the following paragraph:
“(cc) a certificate that appears to be a certificate mentioned in subsection 33 (4), (5) or (6) of the Road Transport (Safety and Traffic Management) Act 1999 (NSW) is evidence of the matters stated in the certificate; and”.
Omit “medical practitioner”, substitute “doctor”.
Omit “or the driver of a motor vehicle is convicted”, substitute “, registered operator or driver of a motor vehicle is convicted or found guilty”.
Omit “Commissioner of Police”, substitute “chief police officer”.
Omit “Commissioner of Police at Police Headquarters, Canberra”, substitute “chief police officer at his or her office”.
Omit the subsection, substitute the following subsection:
“(2) An approval given under subsection (1) must be published in the Gazette as soon as practicable after it is given.”.
Repeal the section.
Omit “medical practitioner”, substitute “doctor”.
After section 47, insert the following section:
“48 When police officer may move a person's motor vehicle
“(1) This section applies to a motor vehicle driven by a person—
(a) arrested for an offence against this Act; or
(b) taken into custody under section 11, 15 or 16.
“(2) A police officer may take charge of, enter and drive the vehicle to a retention area.
“(3) As soon as practicable after moving the vehicle to a retention area, the police officer must report the action to the police officer in charge of the closest police station and ask that the responsible person for the vehicle (or someone else entitled to possession of the vehicle), and the person who was driving the vehicle before being arrested or taken into custody, be told where it has been moved to.
“(4) A vehicle moved to a retention area is taken to be uncollected goods under the Uncollected Goods Act 1996 and—
(a) the road transport authority is taken to be the possessor of the vehicle under that Act; and
(b) the responsible person for the vehicle is taken to be the owner of the vehicle; and
(c) the road transport authority may dispose of the vehicle in accordance with Part 3 of that Act; and
(d) reasonable costs of the possessor in complying with that Act are taken to include the cost of moving the vehicle to the retention area.
“(5) The possessor is not required to release the vehicle from the retention area in accordance with the Uncollected Goods Act 1996 —
(a) to the person who has been arrested or taken into custody, unless satisfied, on reasonable grounds, that the person can drive the vehicle without committing an offence against this Act; or
(b) to a person who appears to be authorised for the purpose by the responsible person or the person arrested or in custody, unless satisfied, on reasonable grounds, that the person appears to understand the nature of the authority.
“(6) However, the responsible person for the vehicle is not required to pay costs under paragraph 26 (2) (a) or (b) of the Uncollected Goods Act 1996 if the responsible person satisfies the road transport authority that the vehicle was stolen or illegally taken or used at the relevant time.
Note Paragraphs 26 (2) (a) and (b) of the Uncollected Goods Act 1996 require the owner to pay the reasonable costs incurred by the possessor in complying with that Act and the possessor's reasonable costs in storing and maintaining the goods before they are collected.”.
Repeal the sections, substitute the following sections and Part:
“50 References to Motor Vehicles (Alcohol and Drugs) Act etc
In any Act, instrument made under an Act or document—
(a) a reference to the Motor Traffic (Alcohol and Drugs) Act 1977 is, in relation to anything to which this Act applies after the commencement of this section, a reference to this Act; and
(b) a reference to the Motor Traffic (Alcohol and Drugs) Regulations is a reference to the Road Transport (Alcohol and Drugs) Regulations 1977 .
“51 Regulation-making power
The Executive may make regulations for this Act.
“ PART 10—TRANSITIONAL
“52 Expiry of paragraph (g) of definition of relevant offence in s 4D (3)
Paragraph (g) of the definition of relevant offence in subsection 4D (3) and this section cease to have effect 5 years after the commencement of the Road Transport (General) Act 1999 .
“53 Approved operator
“(1) A police officer who was an approved operator under this Act immediately before the commencement of this section is taken to be, on and after that commencement, a police officer authorised by the chief police officer under subsection 6 (1) to carry out breath analysis.
“(2) This section ceases to have effect 2 years after the commencement of the Road Transport (General) Act 1999 .”.
Add at the end the following dictionary:
“DICTIONARY (See s 3)
(a) section 19 (Prescribed blood alcohol concentration exceeded); or
(b) section 22 (Refusing to provide breath sample); or
(c) section 23 (Refusing blood test etc); or
(d) section 24 (Driving under the influence of intoxicating liquor or a drug); or
(e) another provision of this Act prescribed under the regulations.
(a) start or attempt to start the engine of the vehicle; and
(b) put or attempt to put the vehicle in motion; and
(c) be in, and in charge of, the vehicle; and
(d) be in control of the steering, movement or propulsion of the vehicle; and
(e) if the vehicle can be ridden—ride the vehicle.
Note An external driver licence is a foreign driver licence or an external Territory driver licence.
(a) an offence against section 29 (Culpable driving) of the Crimes Act 1900 ; or
(b) any other offence against the Crimes Act 1900 where a necessary fact to constitute the offence is that someone dies or is injured because of, or as a result of, the way a person drove a motor vehicle.
Note The chief executive of the department responsible for the Road Transport (General) Act 1999 , is the road transport authority (see Road Transport (General) Act 1999 , s 16)
Motor Vehicles (Dimensions and Mass) Act 1990
Repeal the section, substitute the following note and section:
“ Note This Act and the regulations made under it form part of the road transport legislation. Other road transport legislation includes the Road Transport (Alcohol and Drugs) Act 1977 , the Road Transport (Driver Licensing) Act 1999 , the Road Transport (General) Act 1999 , the Road Transport (Safety and Traffic Management) Act 1999 and the Road Transport (Vehicle Registration) Act 1999 . As part of the road transport legislation, this Act is subject to various provisions of the Road Transport (General) Act 1999 about the administration and enforcement of the road transport legislation generally.
“1 Name of Act
This Act is the Road Transport (Dimensions and Mass) Act 1990 .”.
Relocate the definitions to the dictionary.
Repeal the remainder of the section.
Before section 4 insert the following section:
“3 Definitions—the dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary defines certain words and expressions, and includes references ("signpost definitions") to other words and expressions defined elsewhere in this Act or elsewhere in the road transport legislation.
For example, the signpost definition ‘ Australian "driver licence"—see the Road Transport (Driver Licensing) Act 1999 , dictionary' means the expression ‘Australian driver licence' is defined in the dictionary to that Act and the definition applies to this Act.
Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Interpretation Act 1967 , s 11F and s 11G).”.
Omit the paragraph, substitute the following paragraph:
“(e) a motor vehicle to which a trailer (other than a semitrailer) is coupled, if the gross mass of the combination is 4.5 tonnes or more;”.
Repeal the sections, substitute the following sections:
“5 Notes
A note included in this Act is explanatory and is not part of this Act.
“6 Meaning of mass carried by a wheel and journey
“(1) In this Act, a reference to the mass carried by a wheel includes a reference to the mass of the wheel.
“(2) In this Act, a reference to a journey is a reference to the route over which the journey is made.
“7 Provisions for definitions of forward projection and rear overhang
For the definitions of forward projection and rear overhang in the dictionary—
(a) the following axles are taken not to be axles:
(i) a steerable axle that is not connected to a steering mechanism; or
(ii) a retractable axle; and
(b) any equipment permanently attached to a vehicle is taken to be part of the vehicle.”.
Omit the subsection, substitute the following subsection:
“(2) The gross mass of a combination must not be heavier than the lightest of the following:
(a) the GCM of the combination;
(b) the total of the maximum amounts of mass allowed by section 25 to be carried by the wheels of the combination;
(c) the mass determined in relation to the class of combination to which the combination belongs.
Repeal the section, substitute the following section:
“27 Permits
“(1) If a vehicle or combination together with any equipment or load does not, would not, or may not, comply with Part 2 or 3 or an exemption notice, the road transport authority may issue a permit for the vehicle or combination to be used, or to carry any equipment or load, on a road or road related area.
“(2) The permit must state the provisions with which the vehicle or combination is not required to comply.
“(3) The road transport authority may issue to a person a permit for a stated articulated vehicle to be driven on a road or road related area with a trailer coupled to the vehicle.
“(4) A permit under this section remains in force—
(a) for the period (not longer than 12 months) stated in the permit; or
(b) for a journey stated in the permit; or
(c) for a journey stated in the permit that is undertaken within the period (not longer than 12 months) stated in the permit.”.
Repeal the section, substitute the following section:
“28 Permits to be issued for certain vehicles
“(1) This section applies to a vehicle that does not comply with Part 2 if—
(a) the vehicle was registered under the Motor Traffic Act 1936 on 21 December 1990 and has since been continuously registered under that Act and the Road Transport (Vehicle Registration) Act 1999 ; or
(b) a permit is in force in relation to the vehicle permitting the vehicle to be used for a stated period (other than for a journey stated in the permit) and the permit applies to the provisions of Part 2 with which the vehicle does not comply.
“(2) If—
(a) a vehicle to which this section applies has not undergone any structural change or had any equipment fitted to it (other than replacement equipment identical to the equipment replaced) since—
(i) for a vehicle to which paragraph (1) (a) applies—the registration of the vehicle was last renewed; or
(ii) for a vehicle to which paragraph (1) (b) applies—a permit of the kind mentioned in the paragraph was last issued for the vehicle; and
(b) the vehicle is eligible for registration under the Road Transport (Vehicle Registration) Act 1999 ; and
(c) the registered operator for the vehicle applies to the road transport authority for a permit to use the vehicle on a road or road related area;
the road transport authority must issue a permit under subsection 27 (1) for the vehicle and must state in the permit, as the provisions with which the vehicle is not required to comply, provisions of Part 2 with which the vehicle does not comply.”.
Repeal the section, substitute the following section:
“29 Applications for permits
“(1) An application for a permit for a vehicle must—
(a) be in the approved form; and
(b) be given to the road transport authority at least 28 days before—
(i) for a vehicle to which section 28 applies—the day when the current registration of the vehicle under the Road Transport (Vehicle Registration) Act 1999 expires or the current permit issued for the vehicle expires; or
(ii) for any other vehicle—the day when the vehicle is to be used, or is first to be used, in circumstances for which a permit will be required.
“(2) However, the road transport authority may allow the application to be made at any other time within that 28 days.”.
Omit all the words before paragraph (a), substitute the following:
“(1) The road transport authority may issue a permit, subject to conditions stated in the permit, relating to any of the following matters:”.
Omit the paragraph, substitute the following paragraph:
“(h) the giving of an indemnity by the responsible person for the vehicle for any damage that may be caused to a road, road related area, bridge, culvert, structure or installation by the vehicle while on a journey for which the permit is required;”.
Omit “, inclusive”.
Repeal the section, substitute the following section:
“31 Factors related to issue of permit
In deciding whether to issue a permit for a vehicle, the road transport authority must have regard to—
(a) the extent to which use of the vehicle on a road or road related area in accordance with any conditions that may be stated in the permit is likely to cause—
(i) danger or the death of, or injury to, anyone; or
(ii) damage to the road or road related area or any bridge, culvert, structure or installation; or
(iii) damage to any other property; and
(b) if the vehicle is required for a special purpose—the availability of another vehicle that would comply with Part 2 and sections 24, 25, 26 and 37 when being used for the purpose; and
(c) if the vehicle is required to carry a particular load—the practicability of dividing the load; and
(d) the extent to which the use of the vehicle on a road or road related area is in the public interest.”.
Omit all the words before paragraph (a), substitute the following:
“(1)
A person must not drive a vehicle on a road or road related area
if—”.
Omit the subsections, substitute the following subsections:
“(2) A person must not drive a motor vehicle to which a trailer or semitrailer is coupled on a road or road related area if the gross mass of the combination is heavier than the gross mass allowed by subsection 24 (2).
Maximum penalty: 30 penalty units.
“(3) A person must not drive a vehicle for which a permit or exemption notice is in force on a road or road related area—
(a) during a time, or in the course of a journey, during which the driving of the vehicle on the road or road related area would be an offence against this Act if the permit or exemption notice were not in force; and
(b) otherwise than in accordance with a condition of the permit or exemption notice of the kind mentioned in paragraph 30 (1) (b), (c) or (d).
Maximum penalty: 30 penalty units.”.
Omit “shall not drive a vehicle on a public street or in a public place”, substitute “must not drive a vehicle on a road or road related area”.
Omit the subsection, substitute the following subsection:
“(2) A person must not drive a vehicle for which a permit or exemption notice is in force on a road or road related area—
(a) during a time, or in the course of a journey, during which the driving of the vehicle on the road or road related area would be an offence against this Act if the permit or exemption notice were not in force; and
(b) otherwise than in accordance with a condition of the permit or exemption notice of the kind mentioned in paragraph 30 (1) (e).
Maximum penalty: 20 penalty units.”.
Omit “shall not drive a vehicle on a public street or in a public place”, substitute “must not drive a vehicle on a road or road related area”.
Omit the subsection, substitute the following subsection:
“(2) A person must not drive a vehicle for which a permit or exemption notice is in force on a road or road related area—
(a) during a time, or in the course of a journey, during which the driving of the vehicle on the road or road related area would be an offence against this Act if the permit or exemption notice were not in force; and
(b) otherwise than in accordance with a condition of the permit or exemption notice of the kind mentioned in paragraph 30 (1) (ea).
Maximum penalty: 10 penalty units.”.
Omit “shall not drive a vehicle on a public street or in a public place”, substitute “must not drive a vehicle on a road or road related area”.
Omit the subsection, substitute the following subsection:
“(3) A person must not drive a vehicle for which a permit or exemption notice is in force on a road or road related area—
(a) during a time, or in the course of a journey, during which the driving of the vehicle on the road or road related area would be an offence against this Act if the permit or exemption notice were not in force; and
(b) otherwise than in accordance with a condition of the permit or exemption notice of the kind mentioned in paragraph 30 (1) (a), (eb), (ec), (ed), (f), (g), (h), or (j).
Maximum penalty: 10 penalty units.”.
Repeal the section, substitute the following section:
“37 Use of trailer with articulated vehicle
“(1) A person must not drive an articulated vehicle on a road or road related area if a trailer is coupled to the vehicle.
Maximum penalty: 10 penalty units.
“(2) A person must not drive a B-double or road train on a road or road related area.
Maximum penalty: 10 penalty units.”.
Repeal the section, substitute the following section:
“38 Production of permit
The driver of a vehicle for which a permit is in force must produce the permit, or a copy of the permit, to a police officer or authorised person if asked to do so by the police officer or authorised person.
Maximum penalty: 5 penalty units.”.
Repeal the sections, substitute the following section:
“39 Offences by people other than drivers
“(1) In this section—
(a) subsection 33 (1), (2) or (3);
(b) subsection 34 (1) or (2);
(c) subsection 35 (1) or (2);
(d) subsection 36 (1), (2) or (3);
(e) subsection 37 (1) or (2).
“(2) If a relevant offence is committed by the driver of a vehicle and the driver is not the responsible person for the vehicle, the responsible person also commits the relevant offence.
Maximum penalty:
(a) for an offence against subsection 33 (1), (2) or (3)—30 penalty units; or
(b) for an offence against subsection 34 (1) or (2)—20 penalty units; or
(c) for any other relevant offence—10 penalty units.
“(3) If a person other than the driver of, or responsible person for, a vehicle loads the vehicle in a way that results in the commission of a relevant offence when the vehicle is driven on a road or road related area, the person also commits the relevant offence.
Maximum penalty: 30 penalty units.”.
Omit “is not guilty of”, substitute “does not commit”.
Repeal the section, substitute the following section:
“40B Other defences
“(1) It is a defence to an offence against section 33, 34, 35, 36, 37 or 39 if—
(a) the conduct constituting the offence was caused by—
(i) a reasonable mistake; or
(ii) reasonable reliance on information supplied by someone else; or
(iii) an act or omission of someone else or something else beyond the defendant's control; and
(b) the defendant took reasonable precautions and exercised appropriate diligence to avoid the offence being committed.
“(2) In this section—
Omit the subsection, substitute the following subsection:
“(1) If a police officer or authorised person has reasonable grounds for believing that a vehicle on a road or road related area is a vehicle to which this Act applies, the police officer or authorised person may inspect and test the vehicle, or its equipment or load, to find out whether they comply with this Act.”.
Omit all words before paragraph (a), substitute the following:
“(2) Without limiting subsection (1), a police officer or authorised person may, for that subsection, direct the driver of a vehicle to—”.
Omit the paragraphs, substitute the following paragraphs:
“(b) state the name and business address of the responsible person for the vehicle; or
(c) produce for inspection any document or other record relating to the vehicle, or its equipment or load, that is carried by the driver; or
(d) give the police officer or authorised person copies of, or permit the police officer or authorised person to take extracts from, any such document or other record carried by the driver; or
(da) answer reasonable questions about any entries in any such document or record carried by the driver; or
(db) give the police officer or authorised person any reasonable assistance so the officer or person can examine any identification plate on the vehicle; or”.
Omit the paragraphs, substitute the following paragraphs:
“(f) move the vehicle to the nearest safe place for inspecting the vehicle; or
(g) give the police officer or authorised person any reasonable assistance so the officer or person can work out the dimensions of the vehicle or its equipment or load; or
(h) take the vehicle to the nearest place where the mass of the vehicle together with its equipment and load can be worked out; or”.
Omit all words before subparagraph (i), substitute the following:
“(i) give the police officer or authorised person any reasonable assistance so the officer or person can work out any of the following:”.
Omit “or”.
Omit the subparagraph.
Omit “An inspector shall not”, substitute “A police officer or authorised person must not”.
Omit “inspector”, substitute “police officer or authorised person”.
(a) Omit “Where an inspector”, substitute “If a police officer or authorised person”.
(b) Omit “the inspector shall”, substitute “the police officer or authorised person must”.
Omit the paragraph, substitute the following paragraph:
“(b) the particulars that are the identifying particulars for the police officer or authorised person under the regulations; and”.
Repeal the section, substitute the following section:
“43 Unattended vehicles
“(1) If—
(a) a vehicle is standing unattended on a road or road related area; and
(b) a police officer or authorised person has reasonable grounds for believing that the vehicle, or the vehicle with its equipment and load, does not comply with this Act;
the police officer or authorised person may serve a notice under this section on the driver of the vehicle.
“(2) The notice must—
(a) state the time and day when, and the place where, the notice was served; and
(b) state the particulars that are the identifying particulars for the police officer or authorised person under the regulations; and
(c) direct that, while the notice remains in force, the vehicle must not be moved except to take it directly to the weighbridge or weighing station stated in the notice.
“(3) The notice remains in force until the vehicle has been taken to the stated weighbridge or weighing station and an authorised person has inspected the vehicle and worked out the mass of the vehicle together with its equipment and load (if any).
“(4) The notice may be served on the driver of the vehicle by—
(a) securely placing or attaching the notice, addressed to the driver (without further description), on or to the vehicle in a conspicuous position; and
(b) securely attaching to the windscreen of the vehicle a label stating—
(i) the registration number of the vehicle; and
(ii) that a notice under this section has been served in relation to the vehicle; and
(iii) the date and time when, and the place where, the notice was served; and
(iv) the particulars that are the identifying particulars for the police officer or authorised person under the regulations.
“(5) A person must not remove, deface or interfere with a notice placed on, or attached to, a vehicle under this section unless the person is the driver of the vehicle or the responsible person (or a responsible person) for the vehicle.
Maximum penalty: 20 penalty units.
“(6) For this section, a vehicle is unattended if there is not in, on or near the vehicle a person apparently in charge of the vehicle who holds an Australian driver licence authorising the person to drive the vehicle.”.
Omit all words before paragraph (c), substitute the following:
“While a notice under section 43 is in force in relation to a vehicle, a person must not, without reasonable excuse—
(a) remove, deface or interfere with a label attached to the vehicle under that section; or
(b) move the vehicle from the place where the notice was served, except to take it directly to the weighbridge or weighing station stated in the notice; or”.
(a) Omit “an inspector”, substitute “a police officer or authorised person”.
(b) Omit “the inspector”, substitute “the police officer or authorised person”.
Repeal the sections, substitute the following section:
“47 Contravention of directions under Part
A person must not contravene a direction given by a police officer or authorised person under this Part.
Maximum penalty: 50 penalty units.”.
Repeal the Part.
(a) Omit “Minister”, substitute “road transport authority”.
(b) Omit “the form in Schedule 1”, substitute “the approved form”.
Omit “Minister”, substitute “road transport authority”.
Omit the subsection, substitute the following subsection:
“(1) For proceedings in a court—
(a) the mass carried by a wheel of a vehicle; or
(b) the axle load of an axle of a vehicle; or
(c) the axle group load of an axle group of a vehicle; or
(d) the gross mass of a vehicle or combination;
at a time and place worked out with an approved portable weighing device in accordance with section 51 is, unless the contrary is proved, taken to be the mass carried by the wheel, axle load, axle group load or gross mass at that time and place.”
Omit “Minister”, substitute “road transport authority”.
Omit the paragraph, substitute the following paragraph:
“(c) the gross mass of a combination is the total of the axle loads of the axles of the combination.”.
Omit “Minister”, substitute “road transport authority”.
Repeal the sections, substitute the following sections:
“54 Evidence
“(1) In a proceeding before a court, a certificate purporting to be signed by a police officer or authorised person, stating that on a day and at a time and place stated in the notice he or she served a stated notice under section 43 on the driver of a stated vehicle, is evidence of the matters stated in the certificate.
“(2) In a proceeding before a court, a certificate signed by or on behalf of the road transport authority, stating that a stated permit was, or was not, in force for a stated vehicle on a stated day, is evidence of the matters stated in the certificate.”.
“55 References to Motor Vehicles (Dimensions and Mass) Act
In any Act, instrument made under an Act or document, a reference to the Motor Vehicles (Dimensions and Mass) Act 1990 is, in relation to anything to which this Act applies after the commencement of this section, a reference to this Act.”.
Omit the subsection.
After section 57 insert the following section and Part:
“58 Regulation-making power
The Executive may make regulations for this Act.
“ PART 9—TRANSITIONAL
“59 Existing permits
“(1) This section applies to a permit that was in force under subsection 27 (1) or (1A) immediately before the commencement of this section.
“(2) The permit is taken, after the commencement of this section, to be a permit issued by the road transport authority under this Act for the period of the permit that remains unexpired immediately before the commencement.
“60 Existing applications
“(1) This section applies to an application for a permit made to the registrar for motor vehicles before the commencement of this section that had not been finally dealt with before the commencement.
“(2) The application is taken, after the commencement of this section, to be an application for a permit made to the road transport authority.
“61 Evidentiary certificates
“(1) Subsection 54 (1) applies to a certificate purporting to be signed by an inspector, within the meaning of this Act as in force immediately before the commencement of this section, in the same way as it applies to a certificate purporting to be signed by an authorised person.
“(2) Subsection 54 (2) applies to a certificate signed before the commencement of this section by the registrar of motor vehicles or the deputy registrar of motor vehicles in the same way as it applies to a certificate signed after the commencement by or on behalf of the road transport authority.”.
Repeal the Schedules, substitute the following dictionary:
“
DICTIONARY
(See s 3)
"approved form" means the relevant form approved by the road
transport authority under the Road Transport (General) Act 1999 ."
"articulated bus means a bus with at least 2 rigid sections that allow
passengers access between the sections and are connected to allow rotary
movement between the sections.
"Australian driver licence"—see the Road
Transport (Driver Licensing) Act 1999 , dictionary.
authorised person , for a
provision of this Act, means—
(a) a person who is appointed as an authorised person under the Road Transport (General) Act 1999 for the provision; or
(b) a person who, under the regulations made under this Act or the Road Transport (General) Act 1999 , is an authorised person for the provision.
(a) if the group consists of 2 axles, 1 of which is fitted with twice the number of tyres as the other axle—a line located one-third of the way from the centre line of the axle with more tyres towards the centre line of the axle with fewer tyres; and
(b) in any other case—a line located midway between the centre lines of the outermost axles of the group.
(a) an axle group or single axle at the front that is steered by connection to the towing vehicle by a drawbar; and
(b) an axle group or single axle at the rear.
(a) be in control of the steering, movement or propulsion of the vehicle; and
(b) if the vehicle is a trailer—draw or tow the vehicle; and
(c) if the vehicle can be ridden—ride the vehicle.
(a) specified by the manufacturer on an identification plate on the motor vehicle; or
(b) if there is no specification by the manufacturer on an identification plate on the motor vehicle or if the specification is not appropriate because the motor vehicle has been modified—certified by the road transport authority.
(a) for a vehicle—the total of—
(i) the mass of the vehicle; and
(ii) the mass of any equipment being carried on the vehicle; and
(iii) the mass of any load being carried on the vehicle; or
(b) for a combination—the total of the gross mass of each vehicle in the combination.
(a) specified by the manufacturer on an identification plate on the vehicle; or
(b) if there is no specification on an identification plate on the motor vehicle or if the specification is not appropriate because the vehicle has been modified—certified by the road transport authority.
(a) is attached to a towing vehicle by a pole, or an attachment fitted to the pole; and
(b) is ordinarily used for transporting loads, such as logs, pipes, structural members, or other long objects, that can generally support themselves like beams between supports.
(a) if there is a single axle at the rear of the vehicle—the centre line of the axle; or
(b) if there is an axle group at the rear of the vehicle—the centre line of the axle group, decided without regard to the presence of any steerable axle unless all axles in the group are steerable.
(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 vehicles; or
(e) a shoulder of a road; or
(f) any other area that is open to or used by the public so far as an order under section 12 (Power to include or exclude areas in road transport legislation) of the Road Transport (General) Act 1999 declares that this Act applies to the area;
but does not include an area that would otherwise be a road related area so far as an order under that section declares that this Act does not apply to the area.
Note The chief executive of the department responsible for the Road Transport (General) Act 1999 is the road transport authority (see Road Transport (General) Act 1999 , s 6).
(a) 1 axle group or single axle to the rear; and
(b) a means of attachment to a prime mover that results in some of the load being imposed on the prime mover.
(a) see Road Transport (Vehicle Registration) Act 1999 , dictionary; and
(b) includes a corresponding numberplate issued under the law of another jurisdiction.
(a) with single tyres; and
(b) fitted to a motor vehicle and connected to the same steering mechanism; and
(c) the horizontal distance between the centre lines of which is at least 1 metre, but not over 2 metres.
(a) any description of vehicle on wheels, other than a vehicle used on railways or tramways; or
(b) any other vehicle prescribed under the regulations.”.
Nature Conservation Act 1980
Omit the definition, substitute the following definition:
Section 12 (definition of drug )—
Omit “ Motor Traffic ”, substitute “ Road Transport ”.
Protection of Lands Act 1937
Omit the definitions.
Sale of Motor Vehicles Act 1977
Omit “of Motor Vehicles”.
Subsidies (Liquor and Diesel) Act 1998
Omit the definition, substitute the following definition:
Trespass on Territory Land Act 1932
Omit the definitions.
Omit the definition, substitute the following definition:
Omit “part of the carriageway of a public street or in an off-street parking area”, substitute “a road or road related area”.
Omit the paragraph, substitute the following paragraph:
“(c) a vehicle that is parked on a road or road related area (within the meaning of section 42 (Regulations about parking) of the Road Transport (Safety and Traffic Management) Act 1999 ) unless the authorised officer has reasonable grounds for believing that the vehicle—
(i) has been abandoned; or
(ii) is an obstruction or hazard to people on, or who might come on, the land; or
(iii) is placed in a way that contravenes the regulations made under the Road Transport (Safety and Traffic Management) Act 1999 .”.