Heavy Vehicle National Law Act 2012

An Act providing for the adoption of a national law regulating the use of heavy vehicles

1Short title

This Act may be cited as the Heavy Vehicle National Law Act 2012.

2Commencement

(1)This Act commences on a day to be fixed by proclamation.

(2)However, if no day has been fixed by 1 July 2018, the Act commences on that day.

(3)The Acts Interpretation Act 1954, section 15DA does not apply to this Act.

s 2 amd 2015 No. 6 s 23

2ASpecial provision about commencement of Heavy Vehicle National Law (Queensland)

(1)The following provisions of the Heavy Vehicle National Law (Queensland), as at the commencement of section 12 of the HVNL Amendment Act, commence on the day that section commences—

(a)Parts 1.1 to 1.3;

(b)Chapter 12;

(c)sections 705 and 707;

(d)Parts 13.4 to 13.6;

(e)Part 14.1;

(f)section 755;

(g)Schedule 1.

(2)The remaining provisions of the Heavy Vehicle National Law (Queensland), as at the commencement of section 12 of the HVNL Amendment Act, commence on a day to be fixed by proclamation.

(3)This section applies despite section 2(1) but does not limit the application of section 2(2) to the provisions of the Heavy Vehicle National Law (Queensland).

(4)In this section—

HVNL Amendment Act means the Heavy Vehicle National Law Amendment Act 2013.

Note—

Section 12 of the HVNL Amendment Act replaces the Schedule.

s 2A ins 2013 No. 4 s 4

3Definitions

(1)For the purposes of this Act, the local application provisions of this Act are the provisions of this Act other than the Heavy Vehicle National Law set out in the Schedule.

(2)In the local application provisions of this Act—

Heavy Vehicle National Law (Queensland) means the provisions applying in this jurisdiction because of section 4.

National Law, for part 4A, see section 42B.

the Law means the Heavy Vehicle National Law (Queensland).

TORUM means the Transport Operations (Road Use Management) Act 1995.

transport Act see TORUM, schedule 4.

(3)Terms used in the local application provisions of this Act and also in the Heavy Vehicle National Law set out in the Schedule have the same meanings in those provisions as they have in that Law.

s 3 amd 2013 No. 26 s 4; 2018 No. 10 s 6

Note—

To ensure harmonisation across Australian jurisdictions, the Heavy Vehicle National Law, in the form set out in the Schedule, is intended for adoption by other jurisdictions as well as Queensland. Accordingly, the Heavy Vehicle National Law is not entirely consistent with Queensland’s current drafting style.

pt 2 note ins 2013 No. 4 s 5

4Application of Heavy Vehicle National Law

The Heavy Vehicle National Law set out in the Schedule—

(a)applies as a law of this jurisdiction, as modified by parts 4 and 4A; and

(b)as so applying, may be referred to as the Heavy Vehicle National Law (Queensland); and

(c)so applies as if it were part of this Act.

s 4 amd 2018 No. 10 s 7

5Exclusion of legislation of this jurisdiction

(1)The following Acts of this jurisdiction do not apply to the Heavy Vehicle National Law (Queensland) or to the instruments made under that Law, other than to the extent provided for in subsections (3) to (6) or section 17—

(a)the Acts Interpretation Act 1954;

(b)the Auditor-General Act 2009;

(c)the Financial Accountability Act 2009;

(d)the Information Privacy Act 2009;

(e)the Public Records Act 2023;

(f)the Public Sector Ethics Act 1994;

(g)the Public Sector Act 2022;

(h)the Right to Information Act 2009;

(i)the Statutory Bodies Financial Arrangements Act 1982;

(j)the Statutory Instruments Act 1992.

(2)Also, the Legislative Standards Act 1992 does not apply to a regulation made under the Heavy Vehicle National Law (Queensland), other than to the extent provided for in section 17.

(3)The Acts Interpretation Act 1954, section 20C applies to the Heavy Vehicle National Law (Queensland) and instruments made under that Law.

(4)The Auditor-General Act 2009 applies to the extent provided for in the national regulations under the Heavy Vehicle National Law.

Note—

See the Heavy Vehicle National Law, sections 693 and 730.

(5)The Acts mentioned subsection (1)(d), (e) and (h) apply to the Heavy Vehicle National Law (Queensland), and to the instruments made under that Law, in the way provided by section 696 of the Law.

(6)The Acts mentioned in subsection (1)(b) to (i) apply to an entity of the State exercising functions under the Heavy Vehicle National Law (Queensland).

(7)To remove any doubt, it is declared that—

(a)subsection (1)(a) does not limit the application of the Acts Interpretation Act 1954 to the local application provisions of this Act; and

Example—

The terms ‘magistrate’ in section 14 and ‘QCAT’ in sections 10 and 36 take their meaning from the Acts Interpretation Act 1954, schedule 1.

(b)subsection (1)(j) does not limit the application of the Statutory Instruments Act 1992 to a regulation made under the local application provisions of this Act.

s 5 amd 2013 No. 4 s 6; 2013 No. 39 s 110 (1) sch 3 pt 1; 2022 No. 34 s 365 sch 3; 2023 No. 33 s 107 sch 4

6Purpose of div 2

This division defines particular terms, and makes particular declarations, for the purposes of the Heavy Vehicle National Law (Queensland).

7Definitions of generic terms and terms having meaning provided by this Act

In the Heavy Vehicle National Law (Queensland)—

Magistrates Court ...

s 7 def Magistrates Court om 2013 No. 26 s 5

police officer means a police officer within the meaning of the Police Service Administration Act 1990.

this jurisdiction means Queensland.

8Particular laws

(1)For the purposes of the Heavy Vehicle National Law (Queensland)—

(a)the State Penalties Enforcement Act 1999 is declared to be the Infringement Notice Offences Law for this jurisdiction; and

(b)the Work Health and Safety Act 2011 is declared to be the primary WHS Law for this jurisdiction; and

(c)the Transport Operations (Road Use Management—Road Rules) Regulation 2009 is declared to be the Road Rules for this jurisdiction.

(2)An offence against the Heavy Vehicle National Law (Queensland) prescribed under a regulation under the State Penalties Enforcement Act 1999 as an infringement notice offence is an offence prescribed by a law of this jurisdiction for the purposes of section 591 of the Heavy Vehicle National Law (Queensland).

(3)The Transport Operations (Road Use Management) Act 1995 is specified for section 727(1), definition relevant law of the Heavy Vehicle National Law (Queensland).

s 8 amd 2013 No. 26 s 6

9Local government authority

Each of the following is declared to be a local government authority for this jurisdiction for the purposes of the Heavy Vehicle National Law (Queensland)—

(a)the Brisbane City Council;

(b)a local government under the Local Government Act 2009.

10Relevant tribunal or court

(1)Subject to subsections (2) and (3), QCAT is declared to be the relevant tribunal or court for this jurisdiction for the purposes of the Heavy Vehicle National Law (Queensland).

(2)A Magistrates Court is declared to be the relevant tribunal or court for this jurisdiction for the purposes of the following provisions of the Heavy Vehicle National Law (Queensland)—

(a)section 556;

(b)section 560;

(c)section 565;

(d)section 590D.

(3)The reference to a relevant tribunal or court in section 727(1), definition protected information, paragraph (b)(iii) is a reference to any tribunal or court.

s 10 amd 2013 No. 26 s 7; 2016 No. 65 s 4

11Road authority

The chief executive of the department in which the Transport Operations (Road Use Management) Act 1995 is administered is declared to be the road authority for this jurisdiction for the purposes of the Heavy Vehicle National Law (Queensland).

12Road manager for a road

(1)The following entity is declared to be the road manager for a road in this jurisdiction for the purposes of the Heavy Vehicle National Law (Queensland)—

(a)for a State-controlled road—the chief executive of the department in which the Transport Infrastructure Act 1994, chapter 6 is administered;

(b)for a road controlled by a local government authority—the local government authority;

(c)for the Airport Link franchised road—a franchisee for the road;

(d)for a franchised road other than the Airport Link franchised road—the chief executive of the department in which the Transport Infrastructure Act 1994, chapter 6 is administered;

(e)for a local government franchised road—a local government franchisee of the road;

(f)for another road—an owner of the road.

(2)In this section—

Airport Link franchised road means the franchised road known as the ‘Airport Link’ the subject of the gazette notice under the Transport Infrastructure Act 1994, section 93 made on 18 July 2008.

franchised road see the Transport Infrastructure Act 1994, schedule 6.

franchisee, for the Airport Link franchised road, means a person who, under the Transport Infrastructure Act 1994, is a franchisee for the road franchise agreement for the road.

local government franchised road see the Transport Infrastructure Act 1994, section 105B.

local government franchisee, for a local government franchised road, means a person who, under the Transport Infrastructure Act 1994, chapter 6, part 8, is a local government franchisee for the local government tollway franchise agreement for the road.

local government tollway franchise agreement see the Transport Infrastructure Act 1994, section 105Y.

road franchise agreement see the Transport Infrastructure Act 1994, section 85.

State-controlled road see the Transport Infrastructure Act 1994, schedule 6.

13Police officers who are authorised officers

Every police officer is declared to be an authorised officer for the purposes of the Heavy Vehicle National Law (Queensland).

Note—

See also section 35.

s 13 amd 2013 No. 4 s 7

14Authorised warrant official

Each magistrate is declared to be an authorised warrant official for the purposes of the Heavy Vehicle National Law (Queensland).

15Areas that are roads

A busway within the meaning given by the Transport Infrastructure Act 1994 is declared to be a road for the purposes of the Heavy Vehicle National Law (Queensland).

17Parliamentary scrutiny of national regulations

(1)The Statutory Instruments Act 1992, sections 49 to 51 apply to a national regulation as if—

(a)a reference in the sections to subordinate legislation were a reference to a national regulation; and

(b)the reference to notified under section 47 in section 49 of that Act were a reference to published as mentioned in section 733(1) of the Heavy Vehicle National Law (Queensland).

Note—

Generally speaking, the Statutory Instruments Act 1992, sections 49 to 51 deal with the tabling and disallowance of subordinate legislation and the limited saving of operation of subordinate legislation that ceases to have effect.

(2)The Legislative Standards Act 1992, part 4 applies to a national regulation as if—

(a)a reference in the part to subordinate legislation were a reference to a national regulation; and

(b)the reference to the responsible Minister in section 22(2) of that Act were a reference to the Minister who administers the Heavy Vehicle National Law (Queensland).

Note—

Generally speaking, the Legislative Standards Act 1992, part 4 deals with the tabling and content of explanatory notes for Bills and subordinate legislation.

(3)A committee of the Legislative Assembly may deal with a national regulation, under the Parliament of Queensland Act 2001, as if a reference in the Act to subordinate legislation, or an item of subordinate legislation, were a reference to a national regulation.

(4)For subsection (3), the Legislative Standards Act 1992, section 4 applies to a national regulation as if a reference in the section to subordinate legislation were a reference to a national regulation.

Note—

Generally speaking, the Legislative Standards Act 1992, section 4 deals with the application of fundamental legislative principles to Bills and subordinate legislation.

(5)If a national regulation ceases to have effect because of the operation of subsection (1), the national regulation ceases to have effect for the purposes of the Heavy Vehicle National Law (Queensland), but the cessation does not affect the application of the regulation in any other jurisdiction.

(6)In this section—

national regulation means a regulation, or a provision of a regulation, made under the Heavy Vehicle National Law set out in the Schedule.

s 17 amd 2013 No. 4 s 8; 2013 No. 39 s 111 sch 4

pt 4 div 1 hdg ins 2013 No. 4 s 10

18Definitions for pt 4

In this part—

commissioner means the police commissioner of this jurisdiction.

public safety condition means a condition directed at ensuring public safety.

s 18 ins 2013 No. 4 s 10

sub 2013 No. 26 s 8

pt 4 div 2 hdg ins 2013 No. 4 s 10

19Definitions for div 2

In this division—

commissioner ...

s 19 def commissioner om 2013 No. 26 s 9 (2)

commissioner’s amendment or cancellation decision means a decision of the commissioner—

(a)under section 26, to ask the Regulator to amend or cancel a mass or dimension exemption (notice); or

(b)under section 27, to ask the Regulator to amend or cancel a mass or dimension exemption (permit).

commissioner’s conditional decision see section 23(3).

commissioner’s refusal decision see section 22(7).

critical area means an area of this jurisdiction shown on a relevant map, as in force when a consent mentioned in section 20 or 21 is given, as a critical area.

critical road means a road in this jurisdiction shown on a relevant map, as in force when a consent mentioned in section 20 or 21 is given, as a critical road.

non-critical area means this jurisdiction, other than any part of this jurisdiction that is a critical area or critical road.

public safety condition ...

s 19 def public safety condition om 2013 No. 26 s 9 (2)

relevant map means a map—

(a)developed by the chief executive in relation to the giving of consents as mentioned in sections 20 and 21; and

(b)as published on the department’s website from time to time.

review and appeal information, for a commissioner’s conditional decision, a commissioner’s refusal decision or a commissioner’s amendment or cancellation decision, means the following information—

(a)that, under section 641 of the Law, as applied under this division, a dissatisfied person for the decision may apply to the Regulator to have the decision reviewed;

(b)that, under section 643 of the Law, as applied under this division, the Regulator must refer the application to the commissioner for review;

(c)that the decision of the commissioner on the review is not subject to further review or appeal under the Law.

s 19 ins 2013 No. 4 s 10

amd 2013 No. 26 s 9 (1)

20Other consents under s 118 of the Law

(1)For section 118(1)(c) of the Law, the consent of the commissioner is required for a mass or dimension exemption (notice).

(2)However, a consent is required under subsection (1) for a mass or dimension exemption (notice) only to the extent the exemption applies to any of the following—

(a)the use of class 1 heavy vehicles, of more than a width or length prescribed under a regulation for this paragraph, in a critical area or on a critical road;

(b)the use of class 1 heavy vehicles, of more than a width or length prescribed under a regulation for this paragraph, in the non-critical area.

(3)To remove any doubt, it is declared that subsection (1), as limited by subsection (2), is, for section 167(2)(d) of the Law, a law of this jurisdiction that requires consultation with third parties.

s 20 ins 2013 No. 4 s 10

amd 2013 No. 26 s 10

21Other consents under s 124 of the Law

(1)For section 124(1)(c) of the Law, the consent of the commissioner is required for a mass or dimension exemption (permit).

(2)However, a consent is required under subsection (1) for a mass or dimension exemption (permit) only to the extent the exemption applies to any of the following—

(a)the use of a class 1 heavy vehicle, of more than a width or length prescribed under a regulation for this paragraph, in a critical area or on a critical road;

(b)the use of a class 1 heavy vehicle, of more than a width or length prescribed under a regulation for this paragraph, in the non-critical area.

(3)To remove any doubt, it is declared that subsection (1), as limited by subsection (2), is, for section 167(2)(d) of the Law, a law of this jurisdiction that requires consultation with third parties.

s 21 ins 2013 No. 4 s 10

amd 2013 No. 26 s 11

22Deciding request for consent generally

(1)This section applies if the commissioner’s consent to the grant of a mass or dimension exemption is required as mentioned in section 20 or 21.

(2)The Regulator must ask the commissioner for the consent.

(3)The commissioner must decide to give or not to give the consent within 28 days after the request is made.

(4)The commissioner may decide not to give the consent only if the commissioner is satisfied—

(a)the mass or dimension exemption will, or is likely to, adversely affect public safety; and

(b)it is not possible to grant the exemption subject to conditions that will avoid, or significantly minimise, the adverse effects, or likely adverse effects, on public safety.

(5)Also, in deciding whether or not to give the consent, the commissioner must have regard to the approved guidelines for granting mass or dimension exemptions.

(6)If the commissioner decides not to give consent to the grant of the exemption, the commissioner must give the Regulator written reasons for the commissioner’s decision.

(7)A decision of the commissioner not to give consent to the grant of a mass or dimension exemption (permit) is a commissioner’s refusal decision.

s 22 ins 2013 No. 4 s 10

23Imposition of conditions

(1)The commissioner may decide to consent to the grant of a mass or dimension exemption subject to a condition that a stated public safety condition is imposed on the exemption.

(2)If the commissioner decides to consent in a way mentioned in subsection (1)—

(a)the commissioner must give the Regulator written reasons for the commissioner’s decision to give consent to the grant of the exemption subject to the imposition of the public safety condition; and

(b)the Regulator must impose the public safety condition on the exemption.

(3)A decision of the commissioner to consent to the grant of a mass or dimension exemption (permit) in a way mentioned in subsection (1) is a commissioner’s conditional decision.

s 23 ins 2013 No. 4 s 10

24Information notice for decision to refuse application because commissioner did not give consent

(1)This section applies if an application for a mass or dimension exemption (permit) is refused, wholly or partly, because the commissioner has refused to consent to the exemption.

(2)The information notice for the decision to refuse the application given to the applicant under section 128 of the Law must state the following, in addition to any other information required to be included in the information notice—

(a)that the commissioner has refused to consent to the mass or dimension exemption (permit);

(b)the written reasons given for the commissioner’s refusal decision;

(c)the review and appeal information for the commissioner’s refusal decision.

s 24 ins 2013 No. 4 s 10

25Information notice for imposition of condition requested by commissioner

(1)This section applies if—

(a)the Regulator grants a mass or dimension exemption (permit) to a person; and

(b)the exemption is subject to a public safety condition required by the commissioner under section 23.

(2)If the Regulator is not otherwise required under section 127(1)(b) of the Law to give the person an information notice, the Regulator must nevertheless give the person an information notice for the commissioner’s conditional decision.

(3)If the Regulator is required under section 127(1)(b) to give the person an information notice, the information notice must also apply to the commissioner’s conditional decision.

(4)The information notice, to the extent it applies to the commissioner’s conditional decision, must state the following—

(a)that the commissioner consented to the mass or dimension exemption (permit) on the condition that the public safety condition is imposed on the exemption;

(b)the written reasons given for the commissioner’s conditional decision;

(c)the review and appeal information for the commissioner’s conditional decision.

s 25 ins 2013 No. 4 s 10

26Amendment or cancellation of mass or dimension exemption (notice) on request by commissioner

(1)This section applies if the commissioner is satisfied that the use of heavy vehicles on a road under a mass or dimension exemption (notice) for which the commissioner’s consent was given has adversely affected, or is likely to adversely affect, public safety.

(2)The commissioner may ask the Regulator to—

(a)amend the mass or dimension exemption (notice), including, for example, by—

(i)amending the areas or routes to which the exemption applies; or

(ii)amending the days or hours to which the exemption applies; or

(iii)imposing or amending public safety conditions; or

(b)cancel the exemption to the extent that, wholly or partly, the exemption has effect in this jurisdiction.

(3)The Regulator must comply with the request.

(4)The Regulator must publish notice of the amendment or cancellation—

(a)in the Commonwealth Gazette; and

(b)on the Regulator’s website; and

(c)if the Regulator considers it appropriate—in another way, including, for example, in a national newspaper.

(5)The amendment or cancellation takes effect—

(a)28 days after the Commonwealth Gazette notice is published under subsection (4); or

(b)if a later time is stated in the Commonwealth Gazette notice, at the later time.

s 26 ins 2013 No. 4 s 10

amd 2016 No. 65 s 115

27Amendment or cancellation of mass or dimension exemption (permit) on request by commissioner

(1)This section applies if the commissioner is satisfied that the use of heavy vehicles on a road under a mass or dimension exemption (permit) for which the commissioner’s consent was given has adversely affected, or is likely to adversely affect, public safety.

(2)The commissioner may ask the Regulator to—

(a)amend the mass or dimension exemption (permit), including, for example, by—

(i)amending the areas or routes to which the exemption applies; or

(ii)amending the days or hours to which the exemption applies; or

(iii)imposing or amending public safety conditions; or

(b)cancel the exemption to the extent that, wholly or partly, the exemption has effect in this jurisdiction.

(3)The Regulator must comply with the request.

(4)If the mass or dimension exemption (permit) is amended or cancelled under this section, the Regulator must give the holder of the exemption notice of the amendment or cancellation at least 28 days before the amendment or cancellation is to take effect.

(5)The notice given to the holder must state—

(a)the day the amendment or cancellation is to take effect; and

(b)the reasons given by the commissioner for the amendment or cancellation; and

(c)the review and appeal information for the commissioner’s decision.

s 27 ins 2013 No. 4 s 10

28Reviewable decisions

Each of the following is taken to be a reviewable decision for Chapter 11 of the Law—

(a)a commissioner’s refusal decision;

(b)a commissioner’s conditional decision.

(c)a commissioner’s amendment or cancellation decision.

s 28 ins 2013 No. 4 s 10

29Applying review and appeal provisions of the Law

(1)This section makes special provision about how the Law applies in relation to a commissioner’s refusal decision, a commissioner’s conditional decision or a commissioner’s amendment or cancellation decision (the commissioner’s decision).

(2)For applying section 641 of the Law to the commissioner’s decision, a dissatisfied person includes—

(a)for a commissioner’s refusal decision or a commissioner’s conditional decision—the applicant for the mass or dimension exemption (permit) the subject of the decision; and

(b)for a commissioner’s amendment or cancellation decision—

(i)if a mass or dimension exemption (notice) is the subject of the decision—a person adversely affected by the decision; or

(ii)if a mass or dimension exemption (permit) is the subject of the decision—the person to whom the exemption was granted.

(3)Section 642 of the Law does not apply in relation to the commissioner’s decision.

(4)For applying sections 643 to 646 of the Law, a reference to a road manager for a road, or to a road manager, is taken to include a reference to the commissioner.

(5)The review decision for the commissioner’s decision can not be the subject of an appeal under Part 11.3 of the Law.

(6)Without limiting subsection (5)—

(a)references to an appeal in section 645 of the Law may be ignored; and

(b)section 646(2) of the Law applies only to the extent of section 646(2)(a) and (b).

s 29 ins 2013 No. 4 s 10

pt 4 div 3 hdg ins 2013 No. 4 s 10

30Additional Regulator certificates

(1)A certificate purporting to be issued by the Regulator and stating that, at a stated time or during a stated period or by a stated day—

(a)a stated thing was the property of the Regulator; or

(b)a stated sign was or was not an official traffic sign, contained stated words or was on a stated place; or

(c)a stated vehicle was or was not inspected under the Law; or

(d)a stated vehicle was or was not inspected in compliance with a stated requirement made by an authorised officer; or

(e)an inspection of a stated vehicle under the Law gave stated results; or

(f)a stated application, or another stated document required to be lodged under the Law, was or was not received by the Regulator; or

(g)a stated report or stated information required to be given to the Regulator under the Law was received or was not received by the Regulator; or

(h)no report or information of a stated type, required to be given to the Regulator under the Law, was received by the Regulator; or

(i)a stated vehicle was or was not of a stated type, or was carrying stated goods; or

(j)a stated heavy vehicle was or was not, whether generally or for the purposes of stated circumstances, insured in accordance with the requirements of any third party insurance legislation applying to the vehicle; or

(k)a stated copy of a document was a copy of a document issued, or required to be kept, under the Law; or

(l)a stated document was a manufacturer’s specification for a stated type of vehicle;

(m)a stated vehicle’s GCM or GVM was a stated amount, and how the amount was identified;

is evidence of the matter.

(2)Subsection (1) does not limit section 711 of the Law.

(3)Section 715 of the Law applies to a matter mentioned in subsection (1)(a) to (m) as if the matter was stated in a certificate under section 711 of the Law.

s 30 ins 2013 No. 4 s 10

amd 2013 No. 26 s 12

31Additional road authority certificates

(1)A certificate purporting to be issued by the entity that, under section 11, is the road authority for this jurisdiction, and stating that, at a stated time or during a stated period—

(a)stated particulars existed in relation to a stated conviction, disqualification, suspension, cancellation, licence or other stated matter under a transport Act or a corresponding law to a transport Act; or

(b)a stated copy of a document was a copy of a document issued, or required to be kept, under a transport Act or a corresponding law to a transport Act; or

(c)a stated entity was a corresponding authority; or

(d)a stated vehicle was or was not inspected under a transport Act; or

(e)an inspection of a stated vehicle under a transport Act gave stated results; or

(f)a stated vehicle’s GCM or GVM was a stated amount, and how the amount was identified; or

(g)a stated vehicle was or was not registered under TORUM as a heavy vehicle; or

(h)a stated vehicle registered under TORUM was or was not registered as a heavy vehicle of a stated category; or

(i)a stated person was or was not the registered operator, under TORUM, of a stated vehicle; or

(j)a stated registration under TORUM was or was not amended or cancelled under that Act;

is evidence of the matter.

(2)Subsection (1) does not limit section 712 of the Law.

(3)Section 715 of the Law applies to a matter mentioned in subsection (1)(a) to (f) as if the matter was stated in a certificate under section 712 of the Law.

(4)In this section—

corresponding authority see the Transport Operations (Road Use Management) Act 1995, schedule 4.

corresponding law see the Transport Operations (Road Use Management) Act 1995, schedule 4.

s 31 ins 2013 No. 4 s 10

amd 2013 No. 26 s 13; 2018 No. 10 s 8

32Evidence of contents of document examined by authorised officer

Evidence by an authorised officer of the contents of a document issued, or required to be kept, under the Law, that was examined by the officer while it was in someone else’s possession, may be given by the officer without the document being produced.

Example—

An authorised officer who examines a driver’s work diary may return the work diary to the driver to enable the driver to continue driving. The officer may give evidence of the contents of the work diary without producing it.

s 32 ins 2013 No. 4 s 10

33Averments

(1)In a proceeding for an offence against the Law, a statement in the complaint for the offence that—

(a)at a stated time or during a stated period—

(i)a stated person was or was not the holder of a driver licence under the Transport Operations (Road Use Management) Act 1995 of any particular class or type; or

(ii)a stated person was or was not the holder of a driver licence under the Transport Operations (Road Use Management) Act 1995 authorising the holder to drive a motor vehicle on a stated road; or

(b)any distance mentioned in the complaint is or was a stated distance or is or was greater or less than a stated distance;

is evidence of the matter.

(2)Section 715 of the Law applies to the matter mentioned in subsection (1)(b) as if the matter were a matter stated in a certificate to which the section applies.

s 33 ins 2013 No. 4 s 10

pt 4 div 4 hdg ins 2013 No. 4 s 10

34Declarations about industrial relations status of Regulator

(1)It is declared that —

(a)the Regulator is not a public sector employer for the purposes of the Fair Work (Commonwealth Powers) and Other Provisions Act 2009; and

(b)it is the intention of the Parliament that the Regulator be a national system employer for the purposes of the Fair Work Act 2009 (Cwlth).

(2)No Act of Queensland can have effect to stop the Regulator from being a national system employer for the purposes of the Fair Work Act 2009 (Cwlth).

s 34 ins 2013 No. 4 s 10

pt 4 div 4A hdg ins 2024 No. 2 s 6

34ADefinitions for division

In this division—

directive means a directive made under the Public Sector Act 2022.

TMR means the department administering the Transport Operations (Road Use Management) Act 1995.

transfer day see section 34B(2).

transferring employee means an employee of TMR identified in a transfer schedule.

transfer schedule see section 34B(1).

s 34A ins 2024 No. 2 s 6

34BTransfer schedule

(1)The Minister may make 1 or more schedules (a transfer schedule) identifying the following matters—

(a)the employees of TMR that are to be transferred to the Regulator under this division;

(b)the directives that are to apply to an employee mentioned in paragraph (a) for the purpose of section 34C;

(c)the vehicles operated by the State that are to be transferred to the Regulator and to which section 34E applies.

(2)If a transfer schedule identifies employees or vehicles for the purpose of transferring the employees or vehicles to the Regulator, the Minister must state in the schedule the day (the transfer day) the employees or vehicles are transferred to the Regulator under this division.

s 34B ins 2024 No. 2 s 6

34CTransferring TMR employees

(1)On the transfer day—

(a)a transferring employee ceases to be an employee of TMR; and

(b)a transferring employee becomes an employee of the Regulator; and

(c)TMR’s records, to the extent they relate to the employment of transferring employees, become records of the Regulator; and

(d)TMR’s liabilities relating to a transferring employee’s accrued rights to annual, sick, long service or other leave become the liabilities of the Regulator.

(2)The Regulator and TMR must do all things necessary to enable the transfer of a transferring employee under subsection (1).

(3)TMR may retain copies of the records mentioned in subsection (1)(c).

(4)TMR must pay to the Regulator an amount equivalent to the liabilities of TMR mentioned in subsection (1)(d).

(5)A reference in this section to an employee’s rights to recreation, sick, long service or other leave includes a reference to the employee’s rights under a directive identified in a transfer schedule for the employee as that directive applies to the employee on the transfer day.

s 34C ins 2024 No. 2 s 6

34DRights of transferring employees

(1)The transfer of an employee of TMR under section 34C does not—

(a)affect the employee’s benefits, entitlements or remuneration; or

(b)prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or

(c)interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or

(d)entitle the employee to a payment or other benefit from the State because the employee is no longer employed by TMR; or

(e)require TMR to make any payment to the employee in relation to the employee’s accrued rights to recreation, sick, long service or other leave.

(2)Despite any other law, employment arrangement or directive, the transfer of an employee under section 34C(1)(a) does not—

(a)entitle the transferring employee to a payment or other benefit for a retrenchment or redundancy; or

(b)require TMR or the State to find the employee alternative employment.

(3)A reference in this section to an employee’s benefits, entitlements or remuneration, or rights to superannuation or recreation, sick, long service or other leave, includes a reference to the employee’s benefits, entitlements, remuneration or rights under a directive identified in a transfer schedule for the employee as that directive applies to the employee on the transfer day.

(4)A directive identified in a transfer schedule that is not a copied State instrument under the Fair Work Act 2009 (Cwlth) ceases to operate for a transferring employee when the directives that are copied State instruments under the Fair Work Act 2009 (Cwlth) cease to operate under section 768AO of that Act.

(5)In this section—

copied State instrument see the Fair Work Act 2009 (Cwlth), section 768AH.

s 34D ins 2024 No. 2 s 6

34ETransferring vehicles

(1)This section applies to a vehicle operated by the State identified in a transfer schedule and transferred to the Regulator.

(2)The State and the Regulator are exempt from complying with a process or requirement under the following laws that the entities would otherwise be required to comply with for the purpose of registering or recording the transfer of the vehicle—

(a)the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021, part 3, division 3;

(b)the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021, part 6.

s 34E ins 2024 No. 2 s 6

34FCurrent proceedings

If a proceeding by or against TMR, relating to an employee transferred under section 34C, has not been concluded before the transfer day—

(a)the proceeding must be continued and concluded by or against TMR; and

(b)TMR is liable for any liability of TMR that arose before the transfer day, or arises after the transfer day, as a result of—

(i)the proceeding; or

Examples of liabilities for subparagraph (i)—

•a judgment debt

•a liability incurred as a result of discontinuing the proceeding

•costs of the proceeding

(ii)an act or omission that is the subject of the proceeding.

s 34F ins 2024 No. 2 s 6

pt 4 div 5 hdg ins 2013 No. 4 s 10

35Application of particular provisions to police officers

A provision of Chapter 9 of the Heavy Vehicle National Law (Queensland) that corresponds to a provision of the Police Powers and Responsibilities Act 2000 does not apply to an authorised officer who is a police officer.

s 35 (prev s 18) renum 2013 No. 4 s 9

36Review of decision by QCAT as relevant tribunal or court

A reference in the Heavy Vehicle National Law (Queensland) to an appeal against a decision is, for an appeal to QCAT as the relevant tribunal or court, a reference to a review of the decision as provided under the QCAT Act.

s 36 (prev s 19) renum 2013 No. 4 s 9

37Use of force

(1)For section 491(2) of the Law, a police officer is authorised to use force against a person in the exercise or purported exercise of a function under Chapter 9 of the Law if the Police Powers and Responsibilities Act 2000 authorises the police officer to use the force against the person.

(2)For section 492(1)(b) of the Law, the exercise of the power to use force against property is authorised for the purposes of the following provisions of the Law—

(a)section 497(4)(a);

(b)section 498(6);

(c)section 500(2)(c);

(d)section 518(6)(b);

(e)section 519(7);

(f)section 521(1);

(g)section 523(2).

s 37 ins 2013 No. 26 s 15

38Power to seize

If, apart from section 552(1) of the Law, a heavy vehicle, or a thing mentioned in section 552(1)(b) of the Law, is a thing that may be seized under Chapter 9 of the Law, it may be seized under Chapter 9 of the Law despite section 552(1).

s 38 ins 2013 No. 26 s 15

39Power to require production of driver licence

(1)An authorised officer may, for compliance purposes, require the driver of a heavy vehicle to produce for inspection by the officer the driver’s driver licence.

(2)A person of whom a requirement is made under subsection (1) must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—45 penalty units.

(3)It is not a reasonable excuse for the person to fail to comply with a requirement made under subsection (1)—

(a)that the person does not have the driver licence in his or her immediate possession; or

(b)that complying with the requirement might tend to incriminate the person or make the person liable to a penalty.

(4)The authorised officer may take a copy of, or an extract from, the driver’s driver licence.

s 39 ins 2013 No. 26 s 15

40Commissioner consent for grant of blue light vehicle standards exemption

(1)The Regulator may, under the Law, grant a blue light vehicle standards exemption only with the consent of the commissioner.

(2)The Regulator must ask the commissioner for the consent.

(3)The commissioner must decide to give or not to give the consent within 28 days after the request is made.

(4)The commissioner may decide to give the consent only if the commissioner is satisfied that the blue light vehicle standards exemption will not, or is not likely to, adversely affect public safety.

(5)Without limiting subsection (4), the commissioner must be satisfied that the exemption will not, or is not likely to, operate to reduce the effectiveness of using blue lights to clearly identify to other road users vehicles being used for law enforcement or for an emergency.

(6)Also, in deciding whether or not to give the consent, the commissioner must have regard to the approved guidelines for granting vehicle standards exemptions.

(7)The commissioner may decide to consent to the grant of a blue light vehicle standards exemption subject to a condition that a stated public safety condition is imposed on the exemption.

(8)If the commissioner decides to consent in a way mentioned in subsection (7), the Regulator must impose the public safety condition on the exemption.

(9)Section 26 applies to a blue light vehicle standards exemption (notice) as if the exemption were a mass or dimension exemption (notice) for which the commissioner’s consent was given.

(10)Section 27, other than section 27(5)(b) and (c), applies to a blue light vehicle standards exemption (permit) as if the exemption were a mass or dimension exemption (permit) for which the commissioner’s consent was given.

(11)This section applies in relation to a blue light whether or not it is a light that flashes.

(12)In this section—

blue light vehicle standards exemption means—

(a)a blue light vehicle standards exemption (notice); or

(b)a blue light vehicle standards exemption (permit).

blue light vehicle standards exemption (notice) means a vehicle standards exemption (notice) that permits heavy vehicles of the category the subject of the exemption to be fitted with a blue light.

blue light vehicle standards exemption (permit) means a vehicle standards exemption (permit) that permits the heavy vehicle the subject of the exemption to be fitted with a blue light.

s 40 ins 2013 No. 26 s 15

41Commissioner permission for fitting of blue light if vehicle standards exemption is not required

(1)This section applies to a heavy vehicle, other than a police vehicle, that under the heavy vehicle standards may be fitted with a blue light.

(2)The heavy vehicle standards are taken to further provide that the heavy vehicle may be fitted with a blue light only if the commissioner has given written permission for the fitting of the light.

(3)A written permission for the fitting with a blue light of a heavy vehicle to which this section applies, given by the commissioner before the commencement of this section and still in force immediately before the commencement, is taken to be a written permission for the fitting of the light given under subsection (2).

(4)This section applies in relation to a blue light whether or not it is a light that flashes.

(5)In this section—

police vehicle means a heavy vehicle driven by a police officer in the course of the police officer’s duty.

s 41 ins 2013 No. 26 s 15

42Provision of information and assistance by Queensland information holder

(1)Despite any other Act or law, a Queensland information holder is authorised, on the Queensland information holder’s own initiative or at the request of the Regulator—

(a)to provide the Regulator with information (including personal information and information given in confidence) held by the department and reasonably required by the Regulator for administering the Law; and

(b)to provide the Regulator with other assistance reasonably required by the Regulator to exercise a function under the Law.

(2)To remove any doubt, it is declared that information given to the Regulator as authorised under subsection (1) is taken to be information obtained in the course of administering the Law, as mentioned in section 727(1), definition protected information, paragraph (a) of the Law.

(3)This section does not limit section 660 of the Law.

(4)Nothing done, or authorised to be done, by a Queensland information holder in acting under subsection (1)—

(a)constitutes a breach of, or default under, an Act or other law; or

(b)constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or

(c)constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom or in any other way); or

(d)constitutes a civil or criminal wrong; or

(e)terminates an agreement or obligation, or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or

(f)releases a surety or any other obligee wholly or in part from an obligation.

(5)In this section—

Queensland information holder means—

(a)the chief executive; or

(b)an officer or employee of the department who has access to information held by the department in the ordinary course of performing duties in the department.

s 42 ins 2013 No. 26 s 15

42AAuthorisation for s 688 of the Law (Payments into Fund)

(1)For section 688(1)(e) of the Law, an amount equal to the regulatory component of the charges payable for the registration of heavy vehicles is to be paid into the Fund.

(2)In this section—

regulatory component, of the charges payable for the registration of heavy vehicles, means the component of the charges prescribed under TORUM as the regulatory component of the charges.

s 42A ins 2018 No. 10 s 9

pt 4A hdg ins 2018 No. 10 s 10

42BMeaning of National Law

In this part—

National Law means the Heavy Vehicle National Law set out in the Schedule.

s 42B ins 2018 No. 10 s 10

42COperation of pt 4A

This part states other modifications of the National Law for the purpose of applying the Law as a law of this jurisdiction under section 4.

s 42C ins 2018 No. 10 s 10

42CA Amendment of s 479 (Functions of authorised officers)

National Law, section 479—
insert—

(3)An authorised officer also has the functions conferred on the officer under another law of this jurisdiction.

Editor’s note—

This subsection is an additional Queensland provision.

s 42CA ins 2024 No. 2 s 7

42CB Amendment of s 583 (Regulator may exercise powers of authorised officers)

National Law, section 583(1)—
omit, insert—

(1)The Regulator may exercise a power that is conferred on authorised officers under this Law or another law of this jurisdiction, and accordingly the functions of the Regulator include the powers exercisable by the Regulator under this subsection.

Editor’s note—

This subsection is a substituted Queensland provision.

s 42CB ins 2024 No. 2 s 7

42DAmendment of s 598 (Power to cancel or suspend vehicle registration)

National Law, s 598(2)—

omit, insert—

(2)The court may make an order that the registration of a heavy vehicle in relation to which the offence was committed and of which the person is a registered operator is cancelled.

Editor’s note—

This subsection is a substituted Queensland provision.

s 42D ins 2018 No. 10 s 10

42DA Amendment of s 659 (Functions of Regulator)

National Law, section 659—
insert—

(3)The Regulator also has the functions conferred on it under another law of this jurisdiction.

Editor’s note—

This subsection is an additional Queensland provision.

s 42DA ins 2024 No. 2 s 8

42EAmendment of s 707A (Proceeding for other offences)

National Law, section 707A—
insert—

(4)A complaint for a fatigue management offence may be heard at a place appointed for holding Magistrates Courts within the district within which the defendant was required to produce the defendant’s work diary under section 568.

Editor’s note—

This subsection is an additional Queensland provision.

(5)Subsection (4) has effect despite, but does not limit, the Justices Act 1886, section 139.

Editor’s note—

This subsection is an additional Queensland provision.

(6)In this section—

fatigue management offence means an offence against any of the following provisions—

(a)section 250;

(b)section 251;

(c)section 254;

(d)section 256;

(e)section 258;

(f)part 6.4.

Editor’s note—

This subsection is an additional Queensland provision.

s 42E ins 2018 No. 18 s 4

sub 2019 No. 25 s 4

pt 5 hdg ins 2013 No. 4 s 11

43Regulation-making power

(1)The Governor in Council may make regulations under the local application provisions of this Act.

(2)A regulation may modify the application of a national regulation in Queensland.

s 43 (prev s 37) ins 2013 No. 4 s 11

renum 2013 No. 26 s 14

amd 2013 No. 26 s 16

43AFees payable under Heavy Vehicle National Law (Queensland)

(1)This section provides for the fee payable for a matter under the Heavy Vehicle National Law (Queensland) if a provision of the Law refers to a fee that is or may be payable under a law of this jurisdiction for the matter.

(2)The fee payable for the matter, if any, is the amount prescribed under a regulation for the matter.

s 43A ins 2017 No. 25 s 41

pt 6 hdg ins 2013 No. 4 s 11

pt 6 div 1 hdg ins 2013 No. 26 s 17

44Savings provision for Regulator

(1)This section has effect for the purposes of—

(a)the commencement, on 12 October 2012, of Chapters 12 and 14 of the original HVNL(Q); and

(b)the commencement, after 12 October 2012, of Chapter 12 and Part 14.1 of the new HVNL(Q).

(2)Anything done under Chapter 12 or 14 of the original HVNL(Q) and still in effect immediately before the relevant commencement continues to have effect after the relevant commencement and may, if the circumstances permit, be taken to have been done under Chapter 12 or Part 14.1 of the new HVNL(Q).

(3)Without limiting subsection (2), the following things continue to have effect after the relevant commencement—

(a)establishment of the Regulator under the original HVNL(Q);

(b)appointment of members of the Board as in office immediately before the relevant commencement;

(c)appointment of the chief executive officer by the Board;

(d)decisions of the Board still in force immediately before the relevant commencement;

(e)actions taken by the Regulator still in effect immediately before the relevant commencement;

(f)agreements entered into by the Regulator and still in force immediately before the relevant commencement.

(4)In this section—

new HVNL(Q) means the Heavy Vehicle National Law (Queensland) as at the commencement of this section.

original HVNL(Q) means the Heavy Vehicle National Law (Queensland) as at 12 October 2012.

relevant commencement means the commencement of Chapter 12 of the new HVNL(Q).

s 44 (prev s 38) ins 2013 No. 4 s 11

renum 2013 No. 26 s 14

pt 6 div 2 hdg ins 2013 No. 26 s 18

45Definitions for div 2

In this division—

commencement means the commencement of this division.

general savings and transitional provision means section 748 of the Law.

s 45 ins 2013 No. 26 s 18

46Operation of general savings and transitional provision

This division does not affect the operation of the general savings and transitional provision except to the extent expressly provided for.

s 46 ins 2013 No. 26 s 18

47Investigation and enforcement for offences committed before commencement

(1)To remove any doubt, it is declared that the general savings and transitional provision does not affect the operation of the Acts Interpretation Act 1954, section 20 in relation to a relevant offence.

(2)A transport Act, as in force before the commencement, continues to apply for the purposes of a relevant offence—

(a)as if the Law was not in force; and

(b)if the transport Act was amended on the commencement—as if the transport Act had not been amended on the commencement.

Example—

In the investigation of a relevant offence, an embargo notice is issued, before the commencement, under section 46B of TORUM. A breach of the embargo notice after the commencement would be dealt with as an offence under TORUM as in force before the commencement.

(3)Without limiting subsections (1) and (2)—

(a)a transport Act, as in force before the commencement, continues to have effect for all matters arising, whether before or after the commencement—

(i)in the investigation of the relevant offence; or

(ii)in the enforcement of any transport Act in relation to the relevant offence; and

(b)a proceeding for the relevant offence or an associated offence may be started under a transport Act as in force before the commencement; and

(c)the State Penalties Enforcement Act 1999, as in force before the commencement, applies to the relevant offence and any associated offence.

Examples—

1In the investigation of a relevant offence, an embargo notice could be issued, after the commencement, under section 46B of TORUM. A subsequent breach of the embargo notice would be dealt with as an offence under TORUM as in force before the commencement.

2A provision of TORUM that is repealed on the commencement, but that was in force before the commencement as an aid to the giving of evidence, would continue to apply, or could be applied, for a proceeding for an offence against a transport Act alleged to have been committed before the commencement.

(4)Section 748(5) of the Law applies to a relevant prosecution as if it were a prosecution referred to in section 748(3)(c) of the Law.

(5)In this section—

associated offence means any offence arising out of any investigation or enforcement as mentioned in subsection (3)(a).

relevant offence means an offence committed or suspected to have been committed under a transport Act before the commencement.

relevant prosecution means the prosecution of—

(a)a relevant offence; and

(b)any other offence that, under this section, is dealt with as an offence under a transport Act.

s 47 ins 2013 No. 26 s 18

48Particular orders continue to have effect under TORUM after commencement

(1)The general savings and transitional provision does not apply to a TORUM order or VSS notice.

(2)TORUM, as in force before the commencement, continues to apply for the purposes of a TORUM order as if—

(a)the Law was not in force; and

(b)TORUM had not been amended on the commencement.

Example—

Before the commencement, a court made a supervisory intervention order under section 164B of TORUM, requiring a person to give a compliance report to the chief executive, as mentioned in section 164C of TORUM, by a stated time that is after the commencement. A failure to give the report by the stated time would be dealt with as an offence under section 164E of TORUM even though sections 164B and 164E are repealed on the commencement.

(3)TORUM, including the VSS regulation, as in force immediately before the commencement, continues to apply for the purposes of a VSS notice as if—

(a)the Law was not in force; and

(b)TORUM, including the VSS regulation, had not been amended on the commencement.

(4)Without limiting subsections (2) and (3)—

(a)TORUM, including the VSS regulation, as in force before the commencement, continues to have effect for all matters arising after the commencement—

(i)in the investigation of a relevant offence; or

(ii)in the enforcement of TORUM, including the VSS regulation, in relation to a relevant offence; and

(b)a proceeding for a relevant offence may be started under TORUM as in force before the commencement; and

(c)the State Penalties Enforcement Act 1999, as in force before the commencement, continues to have effect in relation to a relevant offence.

(5)Section 748(5) of the Law applies to the prosecution of a relevant offence as if it were a prosecution referred to in section 748(3)(c) of the Law.

(6)In this section—

relevant offence means an offence committed after the commencement relating to noncompliance with a TORUM order or VSS notice.

TORUM order means a requirement, direction, authorisation, notice or order if—

(a)it was made or given under a TORUM order provision before the commencement; and

(b)it applied to a vehicle that, on the commencement, becomes a heavy vehicle under the Law; and

(c)immediately before the commencement it was still in force to require a person to do or not to do something.

TORUM order provision means any of the following provisions of TORUM as in force before the commencement—

(a)section 36;

(b)section 37(1);

(c)section 38(2);

(d)section 39E(2) or (4);

(e)section 39F(2);

(f)section 39G(2);

(g)section 39K(2) or (3);

(h)section 39L(2) or (3);

(i)section 39M(2);

(j)section 39N(2);

(k)section 39Q(2);

(l)section 164B.

VSS notice means a defect notice given under section 8(2) of the VSS regulation if—

(a)it was given before the commencement; and

(b)it applied to a vehicle that, on the commencement, becomes a heavy vehicle under the Law; and

(c)immediately before the commencement it was still in force to require a person to do or not to do something.

VSS regulation means the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010 of Queensland.

s 48 ins 2013 No. 26 s 18

49Continuation of work diary exemption

(1)A relevant exemption continues in force under the Law to the greatest practicable extent as if it were a work diary exemption (permit) under the Law.

(2)However, for applying the Law to it, the relevant exemption—

(a)is not, and can not be made, the subject of a standard hours condition; and

(b)can not, when subsection (1) commences to have effect in relation to it, be made subject to any other conditions as mentioned in section 366(2) of the Law; and

(c)except to the extent it is amended or cancelled under section 370, 371 or 372 of the Law, continues in force until it would have expired if the Law had not been enacted.

(3)This section does not limit the application of the general savings and transitional provision to a work diary exemption under the fatigue regulation that is not a relevant exemption.

(4)In this section—

fatigue regulation means the Transport Operations (Road Use Management—Fatigue Management) Regulation 2008 of Queensland.

relevant exemption means a work diary exemption under the fatigue regulation if the exemption—

(a)was granted on the basis of the chief executive’s satisfaction under section 158(3)(a) of the fatigue regulation; and

(b)was in force immediately before the commencement of this section.

standard hours condition means a condition as mentioned in section 366(1) of the Law.

s 49 ins 2013 No. 26 s 18

50Declaratory regulation-making power for general savings and transitional provision

(1)A regulation (a declaratory regulation) may make provision of a declaratory nature, as provided for in subsection (2), in relation to the operation of the general savings and transitional provision.

(2)A declaratory regulation may in relation to a particular thing done under the former legislation before the commencement—

(a)declare that the general savings and transitional provision applies to it; or

(b)declare how the general savings and transitional provision applies to it.

(3)A declaratory regulation has effect according to its terms.

(4)The operation of the general savings and transitional provision is not limited by the making of a declaratory regulation other than to the extent provided for in the declaratory regulation.

(5)The transitional regulation-making power as provided for in division 3 does not apply to a declaratory regulation lawfully made under this section even if, apart from this section, the declaratory regulation could be made as a transitional regulation.

(6)A declaratory regulation may not have retrospective operation.

(7)If a declaratory regulation commences after the commencement, it does not affect the operation of the general savings and transitional provision in a way that disadvantages a person by—

(a)decreasing the person’s rights; or

(b)imposing liabilities on the person.

(8)A declaratory regulation must declare it is a declaratory regulation.

s 50 ins 2013 No. 26 s 18

pt 6 div 3 hdg ins 2013 No. 26 s 18

52References in documents to repealed or amended provisions

(1)This section applies to a document if—

(a)there is a reference in the document to a provision (the affected provision) of TORUM as in force before the commencement of this section; and

(b)the affected provision is repealed or amended on the commencement of this section having regard to the commencement of the Law.

(2)The reference may, if the context permits, be taken to be a reference to a provision of the Law corresponding to the affected provision.

(3)In this section—

document does not include an Act.

s 52 ins 2013 No. 26 s 18

section 4

sch hdg sub 2013 No. 4 s 12

sch ch 1 hdg sub 2013 No. 4 s 12

sch ch 1 pt 1.1 hdg sub 2013 No. 4 s 12

1Short title

This Law may be cited as the Heavy Vehicle National Law.

sch s 1 sub 2013 No. 4 s 12

2Commencement

This Law commences in a participating jurisdiction as provided by the Act of that jurisdiction that applies this Law as a law of that jurisdiction.

sch s 2 sub 2013 No. 4 s 12

3Object of Law

The object of this Law is to establish a national scheme for facilitating and regulating the use of heavy vehicles on roads in a way that—

(a)promotes public safety; and

(b)manages the impact of heavy vehicles on the environment, road infrastructure and public amenity; and

(c)promotes industry productivity and efficiency in the road transport of goods and passengers by heavy vehicles; and

(d)encourages and promotes productive, efficient, innovative and safe business practices.

sch s 3 sub 2013 No. 4 s 12

4Regulatory framework to achieve object

The object of this Law is to be achieved by a regulatory framework that—

(a)establishes an entity (the National Heavy Vehicle Regulator) with functions directed at ensuring the object is achieved; and

(b)provides for a database of heavy vehicles; and

(c)prescribes requirements about the following—

(i)the standards heavy vehicles must meet when on roads;

(ii)the maximum permissible mass and dimensions of heavy vehicles used on roads;

(iii)securing and restraining loads on heavy vehicles used on roads;

(iv)preventing drivers of heavy vehicles exceeding speed limits;

(v)preventing drivers of heavy vehicles from driving while fatigued; and

(d)imposes duties and obligations directed at ensuring heavy vehicles and drivers of heavy vehicles comply with requirements mentioned in paragraph (c)(i) to (v) on persons whose activities may influence whether the vehicles or drivers comply with the requirements; and

(e)includes measures directed at the matters mentioned in section 3(c) and (d) by allowing improved access to roads in certain circumstances, including by—

(i)allowing heavy vehicles, that would otherwise be prevented from being used on roads, access to the roads through exemptions or authorisations granted in circumstances in which the matters mentioned in section 3(a) and (b) will not be compromised; and

(ii)providing for accreditation schemes allowing operators of heavy vehicles who adopt best practices directed at the matters mentioned in section 3 to be subject to alternative requirements more suited to the operators’ business operations.

sch s 4 sub 2013 No. 4 s 12

amd 2018 No. 10 s 13

sch ch 1 pt 1.2 hdg sub 2013 No. 4 s 12

5Definitions

In this Law—

100km work, for the purposes of Chapter 6, has the meaning given by section 289(1).

sch s 5 def 100km work sub 2013 No. 4 s 12

100+km work, for the purposes of Chapter 6, has the meaning given by section 289(2).

sch s 5 def 100+km work sub 2013 No. 4 s 12

accreditation certificate means—

(a)for a heavy vehicle accreditation granted under this Law—the accreditation certificate given for the accreditation under section 464; or

(b)for a heavy vehicle accreditation granted under another law of a participating jurisdiction—the certificate of accreditation (however called) issued for the accreditation under that law.

sch s 5 def accreditation certificate sub 2013 No. 4 s 12

ADR means—

(a)a third edition ADR; or

(b)a second edition ADR.

sch s 5 def ADR sub 2013 No. 4 s 12; 2019 No. 29 s 4

advice purposes means providing advice, information and education to persons with duties or obligations under this Law about compliance with the duties or obligations.

sch s 5 def advice purposes ins 2019 No. 29 s 7(2)

AFM accreditation means—

(a)AFM accreditation granted under section 458; or

(b)accreditation of a similar kind under another law of a participating jurisdiction.

sch s 5 def AFM accreditation sub 2013 No. 4 s 12

amd 2015 No. 12 s 4 (1)

AFM fatigue management system, for the purposes of Chapters 6 and 8, has the meaning given by section 457.

sch s 5 def AFM fatigue management system sub 2013 No. 4 s 12

AFM hours, for the purposes of Chapters 6 and 8, has the meaning given by section 257.

sch s 5 def AFM hours sub 2013 No. 4 s 12

AFM standards and business rules, for the purposes of Chapter 8, has the meaning given by section 457.

sch s 5 def AFM standards and business rules sub 2013 No. 4 s 12

agricultural implement means a vehicle without its own automotive power, built to perform agricultural tasks, and includes an agricultural trailer.

Examples—

•auger

•conveyor

•field bin

•harvester front

•irrigating equipment or machinery

sch s 5 def agricultural implement sub 2013 No. 4 s 12

agricultural machine means a vehicle with its own automotive power, built to perform agricultural tasks.

Examples—

harvester, tractor

sch s 5 def agricultural machine sub 2013 No. 4 s 12

agricultural task means a task carried out in agriculture.

Examples of an agricultural task—

•cultivating land

•growing and harvesting crops

•rearing livestock

sch s 5 def agricultural task sub 2013 No. 4 s 12

agricultural trailer means a trailer that is designed to carry a load and used exclusively to perform agricultural tasks, but does not include a semitrailer.

sch s 5 def agricultural trailer ins 2013 No. 4 s 12

agricultural vehicle means an agricultural implement or agricultural machine.

sch s 5 def agricultural vehicle sub 2013 No. 4 s 12

Application Act, of this jurisdiction, means the Act of this jurisdiction by which this Law applies as a law of this jurisdiction.

sch s 5 def Application Act ins 2013 No. 4 s 12

appropriately qualified, for a function, includes having the qualifications, experience or standing appropriate to exercise the function.

Example of standing—

a person’s classification level or position in the public service or a government agency of a participating jurisdiction

sch s 5 def appropriately qualified sub 2013 No. 4 s 12

approved, by the responsible Ministers, for the purposes of Chapter 8, has the meaning given by section 457.

sch s 5 def approved sub 2013 No. 4 s 12

approved auditor, for the purposes of Chapter 8, has the meaning given by section 457.

sch s 5 def approved auditor sub 2013 No. 4 s 12

approved electronic recording system has the meaning given by section 221.

sch s 5 def approved electronic recording system sub 2013 No. 4 s 12

approved form means a form approved by the Regulator under section 735.

sch s 5 def approved form sub 2013 No. 4 s 12

approved guidelines means guidelines approved by the responsible Ministers under section 653.

sch s 5 def approved guidelines sub 2013 No. 4 s 12

approved intelligent transport system has the meaning given by section 403.

sch s 5 def approved intelligent transport system sub 2013 No. 4 s 12

approved sleeper berth, for the purposes of Chapter 6, has the meaning given by section 221.

sch s 5 def approved sleeper berth sub 2013 No. 4 s 12

approved vehicle examiner means a person approved as a vehicle examiner under the national regulations (as referred to in section 731).

sch s 5 def approved vehicle examiner ins 2013 No. 4 s 12

articulated bus means a bus with 2 or more rigid sections connected to one another in a way that allows—

(a)passenger access between the sections; and

(b)rotary movement between the sections.

sch s 5 def articulated bus sub 2013 No. 4 s 12

AS means an Australian standard made or published by Standards Australia.

sch s 5 def AS sub 2013 No. 4 s 12

associate, of a person, means—

(a)if the person is an individual—

(i)the individual’s spouse or de facto partner; or

(ii)a relative of the individual, whether by blood, spousal relationship or adoption; or

(iii)an employee of the individual; or

(iv)an employee of a corporation of which the individual is an executive officer; or

(v)a partner of the individual; or

(vi)a corporation of which the individual is an executive officer; or

(vii)a corporation in which the individual holds a controlling interest; or

(viii)a person who is a trustee of a trust of which the individual is a trustee or beneficiary; or

(ix)a person who is a beneficiary of a trust of which the individual is a trustee or beneficiary; or

(x)a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the individual; or

(xi)a person who is an associate of someone who is an associate of the individual; or

(b)if the person is a corporation—

(i)an executive officer of the corporation; or

(ii)an associate of an executive officer of the corporation; or

(iii)an employee of the corporation; or

(iv)a person who holds a controlling interest in the corporation; or

(v)a related body corporate, within the meaning of the Corporations Act 2001 of the Commonwealth, of the corporation; or

(vi)a person who is an associate of someone who is an associate of the corporation.

sch s 5 def associate sub 2013 No. 4 s 12

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

sch s 5 def ATM ins 2013 No. 4 s 12

Australian Accounting Standards means Accounting Standards issued by the Australian Accounting Standards Board.

sch s 5 def Australian Accounting Standards sub 2013 No. 4 s 12

Australian road law means—

(a)this Law; or

(b)another law of a State or Territory that regulates the use of vehicles on roads.

sch s 5 def Australian road law sub 2013 No. 4 s 12

authorised officer means—

(a)a police officer declared by a law of a participating jurisdiction to be an authorised officer for the purposes of this Law; or

(b)a person who holds office under this Law as an authorised officer.

sch s 5 def authorised officer sub 2013 No. 4 s 12

authorised use, for the purposes of Part 13.4, has the meaning given by section 727.

sch s 5 def authorised use sub 2013 No. 4 s 12

authorised warrant official, for a participating jurisdiction, means an entity that is declared by a law of that jurisdiction to be an authorised warrant official for that jurisdiction for the purposes of this Law.

sch s 5 def authorised warrant official sub 2013 No. 4 s 12

axle means 1 or more shafts positioned in a line across a vehicle, on which 1 or more wheels intended to support the vehicle turn.

sch s 5 def axle sub 2013 No. 4 s 12

axle group means a tandem axle group, twinsteer axle group, tri-axle group or quad-axle group.

sch s 5 def axle group sub 2013 No. 4 s 12

base, of the driver of a heavy vehicle—

1

The base of the driver of a heavy vehicle, in relation to particular work—

(a)is the place from which the driver normally does the work; but

(b)is, for the purposes of Chapter 6, the garage address of the vehicle if—

(i)the vehicle is a fatigue-regulated heavy vehicle; and

(ii)the driver is required under Part 6.4, in relation to that particular work, to keep a work diary and to record the location of the driver’s base in the work diary, and has not done so.

Note—

The driver of a fatigue-regulated heavy vehicle may not be required under Part 6.4, in relation to particular work, to keep a work diary and to record the location of the driver’s base in the work diary, if, for example—

•the driver is undertaking 100km work under standard hours

•the driver is working under a work diary exemption

2For a driver who is a self-employed driver and an employed driver at different times, the driver may have one base as a self-employed driver under paragraph 1 and another base as an employed driver under that paragraph.

3For a driver who has 2 or more employers, the driver may have a different base in relation to each employer under paragraph 1.

sch s 5 def base sub 2013 No. 4 s 12

B-double means a combination consisting of a prime mover towing 2 semitrailers, with the first semitrailer being attached directly to the prime mover by a fifth wheel coupling and the second semitrailer being mounted on the rear of the first semitrailer by a fifth wheel coupling on the first semitrailer.

Typical B-double

sch s 5 def B-double sub 2013 No. 4 s 12

B-triple means a combination consisting of a prime mover towing 3 semitrailers, with—

(a)the first semitrailer being attached directly to the prime mover by a fifth wheel coupling; and

(b)the second semitrailer being mounted on the rear of the first semitrailer by a fifth wheel coupling on the first semitrailer; and

(c)the third semitrailer being mounted on the rear of the second semitrailer by a fifth wheel coupling on the second semitrailer.

Typical B-triple

sch s 5 def B-triple ins 2015 No. 12 s 4 (2)

BFM accreditation means—

(a)BFM accreditation granted under section 458; or

(b)accreditation of a similar kind under another law of a participating jurisdiction.

sch s 5 def BFM accreditation sub 2013 No. 4 s 12

amd 2015 No. 12 s 4 (3)

BFM fatigue management system, for the purposes of Chapter 8, has the meaning given by section 457.

sch s 5 def BFM fatigue management system sub 2013 No. 4 s 12

BFM hours, for the purposes of Chapters 6 and 8, has the meaning given by section 253.

sch s 5 def BFM hours sub 2013 No. 4 s 12

BFM standards and business rules, for the purposes of Chapter 8, has the meaning given by section 457.

sch s 5 def BFM standards and business rules sub 2013 No. 4 s 12

Board means the National Heavy Vehicle Regulator Board established under section 662.

sch s 5 def Board sub 2013 No. 4 s 12

body of fatigue knowledge means any accreditation scheme, scientific knowledge, expert opinion, guidelines, standards or other knowledge about preventing or managing exposure to risks to safety either on a road or in a workplace, arising from fatigue.

sch s 5 def body of fatigue knowledge sub 2013 No. 4 s 12

bus means a heavy motor vehicle built or fitted to carry more than 9 adults (including the driver).

sch s 5 def bus sub 2013 No. 4 s 12

business practices, of a person, means the person’s practices in running a business associated with the use of a heavy vehicle on a road, including—

(a)the operating policies and procedures of the business; and

(b)the human resource and contract management arrangements of the business; and

(c)the arrangements for preventing or minimising public risks associated with the person’s practices.

sch s 5 def business practices ins 2016 No. 65 s 7 (2)

cancel, for the purposes of Chapter 6 in relation to an unused daily sheet in a written work diary, has the meaning given by section 221.

sch s 5 def cancel sub 2013 No. 4 s 12

category, of heavy vehicles, see section 15.

sch s 5 def category ins 2013 No. 4 s 12

cause, a thing, includes—

(a)contribute to causing the thing; and

(b)encourage the thing.

sch s 5 def cause sub 2013 No. 4 s 12

cause of fatigue ...

sch s 5 def cause of fatigue om 2013 No. 4 s 12

centre-line, of an axle, means—

(a)for an axle consisting of 1 shaft—a line parallel to the length of the axle and passing through its centre; and

(b)for an axle consisting of 2 shafts—a line in the vertical plane passing through—

(i)the centre of both shafts; and

(ii)the centres of the wheels on the shafts.

sch s 5 def centre-line sub 2013 No. 4 s 12

class 1 heavy vehicle has the meaning given by section 116(1) and (2).

sch s 5 def class 1 heavy vehicle sub 2013 No. 4 s 12

class 2 heavy vehicle has the meaning given by section 136.

sch s 5 def class 2 heavy vehicle sub 2013 No. 4 s 12

class 2 heavy vehicle authorisation means—

(a)a class 2 heavy vehicle authorisation (notice); or

(b)a class 2 heavy vehicle authorisation (permit).

sch s 5 def class 2 heavy vehicle authorisation sub 2013 No. 4 s 12

class 2 heavy vehicle authorisation (notice) has the meaning given by section 138(2).

sch s 5 def class 2 heavy vehicle authorisation (notice) sub 2013 No. 4 s 12

class 2 heavy vehicle authorisation (permit) has the meaning given by section 143(2).

sch s 5 def class 2 heavy vehicle authorisation (permit) sub 2013 No. 4 s 12

class 3 heavy vehicle has the meaning given by section 116(3).

sch s 5 def class 3 heavy vehicle sub 2013 No. 4 s 12

combination means a group of vehicles consisting of a motor vehicle towing 1 or more other vehicles.

sch s 5 def combination sub 2013 No. 4 s 12

commercial consignor ...

sch s 5 def commercial consignor sub 2013 No. 4 s 12

om 2016 No. 65 s 7 (1)

Commonwealth Gazette means the Commonwealth of Australia Gazette.

sch s 5 def Commonwealth Gazette sub 2013 No. 4 s 12

Commonwealth Gazette notice means notice published in the Commonwealth Gazette.

sch s 5 def Commonwealth Gazette notice sub 2013 No. 4 s 12

Commonwealth responsible Minister means the Commonwealth Minister nominated by the Commonwealth as the responsible Minister for the Commonwealth for the purposes of this Law.

sch s 5 def Commonwealth responsible Minister sub 2013 No. 4 s 12

compensation order has the meaning given by section 611(1).

sch s 5 def compensation order sub 2013 No. 4 s 12

complaint, for an offence, means a complaint, charge, notice or other process that starts a proceeding for the offence.

sch s 5 def complaint ins 2016 No. 65 s 7 (2)

compliance purposes means—

(a)monitoring purposes; or

(b)investigation purposes.

sch s 5 def compliance purposes sub 2013 No. 4 s 12

complying container weight declaration has the meaning given by section 189.

sch s 5 def complying container weight declaration sub 2013 No. 4 s 12

component, of a heavy vehicle that is a combination, means—

(a)other than in Part 3.3, a component vehicle of the combination; or

(b)a component of any component vehicle of the combination.

sch s 5 def component sub 2013 No. 4 s 12

amd 2015 No. 12 s 4 (4)

component vehicle, of a heavy combination, means the towing vehicle or another vehicle in the combination.

sch s 5 def component vehicle sub 2013 No. 4 s 12

condition includes a restriction.

sch s 5 def condition ins 2013 No. 4 s 12

conditionally registered ...

sch s 5 def conditionally registered sub 2013 No. 4 s 12

om 2018 No. 10 s 14 (1)

conduct means an act, an omission to perform an act, or a state of affairs.

sch s 5 def conduct ins 2013 No. 4 s 12

consent includes an approval or concurrence.

sch s 5 def consent ins 2013 No. 4 s 12

consign and consignor—

A person consigns goods, and is a consignor of goods, for road transport using a heavy vehicle, if—

(a)the person has consented to being, and is, named or otherwise identified as a consignor of the goods in the transport documentation relating to the road transport of the goods; or

(b)the person engages an operator of the vehicle, either directly or indirectly or through an agent or other intermediary, to transport the goods by road; or

(c)if paragraphs (a) and (b) do not apply—the person has possession of, or control over, the goods immediately before the goods are transported by road.

sch s 5 def consign and consignor sub 2013 No. 4 s 12

amd 2016 No. 65 s 7 (3)

consignee, of goods—

(a)means a person who—

(i)has consented to being, and is, named or otherwise identified as the intended consignee of the goods in the transport documentation relating to the road transport of the goods; or

(ii)actually receives the goods after completion of their road transport; but

(b)does not include a person who merely unloads the goods.

sch s 5 def consignee sub 2013 No. 4 s 12

container weight declaration—

(a)means a written declaration, whether contained in 1 or more documents, stating or purporting to state the weight of a freight container and its contents; and

Examples—

an email, a placard fixed to the container

Note—

See the definition document in section 12 of Schedule 1.

(b)includes a copy of a declaration mentioned in paragraph (a).

sch s 5 def container weight declaration sub 2013 No. 4 s 12

amd 2018 No. 18 s 6 (3)

contract includes an agreement.

sch s 5 def contract ins 2016 No. 65 s 7 (2)

converter dolly means a pig trailer with a fifth wheel coupling designed to convert a semitrailer into a dog trailer.

Typical converter dolly

sch s 5 def converter dolly sub 2013 No. 4 s 12

convict, a person of an offence, has the meaning given by section 9(1).

sch s 5 def convict sub 2013 No. 4 s 12

convicted, of an offence, has the meaning given by section 9(2).

sch s 5 def convicted sub 2013 No. 4 s 12

convicted person—

(a)for the purposes of Division 5 of Part 10.3, has the meaning given by section 599(a); or

(b)for the purposes of Division 6 of Part 10.3, has the meaning given by section 606(a).

sch s 5 def convicted person sub 2013 No. 4 s 12

corporation includes a body politic or corporate.

sch s 5 def corporation sub 2013 No. 4 s 12

corresponding fatigue law, for the purposes of Chapter 6, has the meaning given by section 221.

sch s 5 def corresponding fatigue law sub 2013 No. 4 s 12

critical risk breach, for a maximum work requirement or minimum rest requirement, has the meaning given by section 222(4).

sch s 5 def critical risk breach sub 2013 No. 4 s 12

daily sheet, for a written work diary, for the purposes of Chapter 6, has the meaning given by section 338(2)(b).

sch s 5 def daily sheet sub 2013 No. 4 s 12

database of heavy vehicles means the database of heavy vehicles kept under section 686A.

sch s 5 def database of heavy vehicles ins 2018 No. 10 s 14 (2)

daytime means the period of a day between sunrise and sunset.

sch s 5 def daytime sub 2013 No. 4 s 12

de facto partner, of a person, means a person (whether of the same gender or a different gender) who is in a de facto relationship, within the meaning given by section 2F of the Acts Interpretation Act 1901 of the Commonwealth, with the person.

sch s 5 def de facto partner sub 2013 No. 4 s 12

defective heavy vehicle, for the purposes of Division 6 of Part 9.3, has the meaning given by section 525.

sch s 5 def defective heavy vehicle sub 2013 No. 4 s 12

defective vehicle label, for the purposes of Division 6 of Part 9.3, has the meaning given by section 525.

sch s 5 def defective vehicle label sub 2013 No. 4 s 12

defendant, for a proceeding for an offence, means the person charged with the offence (whether called the defendant or the accused).

sch s 5 def defendant sub 2013 No. 4 s 12

deficiency, for the purposes of Division 3 of Part 10.4, has the meaning given by section 626.

sch s 5 def deficiency sub 2013 No. 4 s 12

dimension requirement means—

(a)a prescribed dimension requirement (under section 101); or

(b)a requirement as to a dimension limit relating to a heavy vehicle under a condition to which a mass or dimension authority is subject (where the dimension limit is more restrictive than the relevant prescribed dimension requirement); or

(c)a requirement as to a dimension limit under a PBS vehicle approval; or

(d)a requirement as to a dimension limit indicated by an official traffic sign; or

Note—

See the definitions indicated and official traffic sign.

(e)a requirement as to a dimension limit for a component vehicle as prescribed by a heavy vehicle standard.

sch s 5 def dimension requirement ins 2013 No. 4 s 12

dimension requirements ...

sch s 5 def dimension requirements om 2013 No. 4 s 12

drive, a vehicle or combination, includes—

(a)be in control of the steering, movement or propulsion of the vehicle or combination; and

(b)for a trailer—drive a vehicle towing the trailer.

sch s 5 def drive sub 2013 No. 4 s 12

driver, of a vehicle or combination—

(a)means the person driving the vehicle or combination; and

(b)includes—

(i)a person accompanying the person driving the vehicle or combination on a journey or part of a journey, who has been, is or will be sharing the task of driving the vehicle or combination during the journey or part; and

(ii)a person who is driving the vehicle or combination as a driver under instruction or under an appropriate learner licence or learner permit; and

(iii)where the driver is a driver under instruction, the holder of a driver licence occupying the seat in the vehicle or combination next to the driver.

sch s 5 def driver sub 2013 No. 4 s 12

driver fatigue compliance function, for the purposes of Part 13.4, has the meaning given by section 727(1).

sch s 5 def driver fatigue compliance function ins 2015 No. 12 s 4 (5)

driver fatigue provision, for the purposes of Part 13.4, has the meaning given by section 727(1).

sch s 5 def driver fatigue provision ins 2015 No. 12 s 4 (5)

driver licence means—

(a)a driver licence issued under a law of a State or Territory that regulates the use of vehicles on roads; or

(b)a licence, permit or other authorisation to drive a motor vehicle issued under a law of another country if a law mentioned in paragraph (a) exempts the holder of the licence, permit or other authorisation from the requirement to hold a driver licence under that law to drive a motor vehicle.

sch s 5 def driver licence sub 2013 No. 4 s 12

electronic recording system has the meaning given by section 221.

sch s 5 def electronic recording system sub 2013 No. 4 s 12

electronic recording system approval means an approval of an electronic recording system under Division 7 of Part 6.4.

sch s 5 def electronic recording system approval sub 2013 No. 4 s 12

electronic work diary has the meaning given by section 221.

sch s 5 def electronic work diary sub 2013 No. 4 s 12

electronic work diary authorised use, for the purposes of Part 13.4, has the meaning given by section 727(1).

sch s 5 def electronic work diary authorised use ins 2015 No. 12 s 4 (7)

electronic work diary information, for the purposes of Part 13.4, has the meaning given by section 727(1).

sch s 5 def electronic work diary information ins 2015 No. 12 s 4 (7)

electronic work diary label ...

sch s 5 def electronic work diary label sub 2013 No. 4 s 12

om 2015 No. 12 s 4 (6)

electronic work diary protected information, for the purposes of Part 13.4, has the meaning given by section 727(1).

sch s 5 def electronic work diary protected information ins 2015 No. 12 s 4 (7)

embargo notice has the meaning given by section 557(2).

sch s 5 def embargo notice sub 2013 No. 4 s 12

embargoed thing means a thing the subject of an embargo notice.

sch s 5 def embargoed thing sub 2013 No. 4 s 12

employed driver, of a heavy vehicle, means a person who is employed by someone else to drive the vehicle.

sch s 5 def employed driver sub 2013 No. 4 s 12

employee means an individual who is employed by someone else.

sch s 5 def employee sub 2013 No. 4 s 12

employer means a person who employs someone else.

sch s 5 def employer sub 2013 No. 4 s 12

encourage includes give an incentive.

sch s 5 def encourage ins 2016 No. 65 s 7 (2)

engage ...

sch s 5 def engage om 2013 No. 4 s 12

entity includes a person, an unincorporated partnership and an unincorporated body.

sch s 5 def entity sub 2013 No. 4 s 12

amd 2016 No. 65 s 7 (4)

entry, in a work record, for the purposes of Chapter 6, has the meaning given by section 221.

sch s 5 def entry sub 2013 No. 4 s 12

equipment, in relation to a heavy vehicle, includes tools, devices and accessories in the vehicle.

sch s 5 def equipment sub 2013 No. 4 s 12

escort vehicle means a pilot vehicle that is driven by a police officer or another person authorised to direct traffic under an Australian road law.

sch s 5 def escort vehicle sub 2013 No. 4 s 12

examine includes analyse, test, account, measure, weigh, grade, gauge or identify.

sch s 5 def examine sub 2013 No. 4 s 12

executive officer, of a corporation, means—

(a)a director of the corporation; or

(b)any person, by whatever name called and whether or not the person is a director of the corporation, who is concerned or takes part in the management of the corporation.

sch s 5 def executive officer sub 2013 No. 4 s 12

exemption hours, for the purposes of Chapter 6, has the meaning given by section 259.

sch s 5 def exemption hours sub 2013 No. 4 s 12

exercise, for a function, includes perform.

sch s 5 def exercise sub 2013 No. 4 s 12

extract, of a document, device or other thing, means a copy of any information contained in the document, device or other thing.

Note—

See the definition document in section 12 of Schedule 1.

sch s 5 def extract sub 2013 No. 4 s 12

amd 2018 No. 18 s 6 (3)

false or misleading means false or misleading in a material particular.

sch s 5 def false or misleading ins 2016 No. 65 s 7 (2)

fatigue has the meaning given by section 223.

sch s 5 def fatigue sub 2013 No. 4 s 12

fatigue record keeping exemption means—

(a)a fatigue record keeping exemption (notice); or

(b)a fatigue record keeping exemption (permit).

sch s 5 def fatigue record keeping exemption ins 2013 No. 4 s 12

fatigue record keeping exemption (notice) has the meaning given by section 378.

sch s 5 def fatigue record keeping exemption (notice) ins 2013 No. 4 s 12

fatigue record keeping exemption (permit) has the meaning given by section 383.

sch s 5 def fatigue record keeping exemption (permit) ins 2013 No. 4 s 12

fatigue-regulated bus means a heavy motor vehicle built or fitted to carry more than 12 adults (including the driver).

Note—

A fatigue-regulated bus is a bus that weighs more than 4.5t for the purposes of being regulated under this Law.

sch s 5 def fatigue-regulated bus sub 2013 No. 4 s 12

fatigue-regulated heavy vehicle has the meaning given by section 7.

sch s 5 def fatigue-regulated heavy vehicle sub 2013 No. 4 s 12

fifth wheel coupling means a device (other than an upper rotating element and a kingpin) used with a prime mover, semitrailer or converter dolly to—

(a)permit quick coupling and uncoupling; and

(b)provide for articulation.

sch s 5 def fifth wheel coupling sub 2013 No. 4 s 12

film, a thing, includes—

(a)photograph or videotape the thing; and

(b)record an image of the thing in another way.

sch s 5 def film sub 2013 No. 4 s 12

fit, to drive a heavy vehicle, or to start or stop its engine, for a person, means the person—

(a)is apparently physically and mentally fit to drive the vehicle, or start or stop its engine; and

(b)is not apparently affected by either or both of the following—

(i)alcohol;

(ii)a drug that affects a person’s ability to drive a vehicle; and

(c)is not found to have an alcohol concentration in the person’s blood or breath exceeding the amount permitted, under an Australian road law of this jurisdiction, for the driver of a heavy vehicle; and

(d)is not found to be under the influence of a drug or to have present in the person’s blood or saliva a drug that the driver of a heavy vehicle is not permitted to have present in the driver’s blood or saliva under an Australian road law of this jurisdiction.

sch s 5 def fit sub 2013 No. 4 s 12

freight container means—

(a)a re-usable container of the kind mentioned in AS 3711.1 that is designed for repeated use for transporting goods; or

Note—

AS 3711.1 may be purchased from Standards Australia at www.standards.org.au.

(b)a re-usable container of the same or a similar design and construction to a container mentioned in paragraph (a) though of different dimensions.

sch s 5 def freight container sub 2013 No. 4 s 12

Fund means the National Heavy Vehicle Regulator Fund established under section 687.

sch s 5 def Fund sub 2013 No. 4 s 12

garage address, of a heavy vehicle, means—

(a)for a heavy vehicle normally kept at a depot when not in use—the principal depot of the vehicle; or

(b)for a heavy vehicle not normally kept at a depot when not in use—the address of the place of business or residence at which the vehicle is normally kept when not in use.

sch s 5 def garage address sub 2013 No. 4 s 12

GCM (gross combination mass), of a motor vehicle, means the total maximum loaded mass of the motor vehicle and any vehicles it may lawfully tow at any given time—

(a)if the registration authority has specified the total maximum loaded mass of the motor vehicle and any vehicles it may lawfully tow at any given time—specified by the registration authority; or

(b)otherwise—stated by the motor vehicle’s manufacturer.

sch s 5 def GCM sub 2013 No. 4 s 12

amd 2018 No. 10 s 14 (3)

goods—

(a)includes—

(i)animals (whether alive or dead); and

(ii)a container (whether empty or not); but

(b)does not include—

(i)people; or

(ii)fuel, water, lubricants and readily removable equipment required for the normal use of the vehicle or combination in which they are carried; or

(iii)personal items used by the driver of the vehicle or combination, or someone else necessary for the normal use of the vehicle, in which they are carried.

sch s 5 def goods sub 2013 No. 4 s 12

GVM (gross vehicle mass), of a vehicle, means the maximum loaded mass of the vehicle—

(a)if the registration authority has specified the vehicle’s maximum loaded mass—specified by the registration authority; or

(b)otherwise—stated by the vehicle’s manufacturer.

sch s 5 def GVM sub 2013 No. 4 s 12

amd 2018 No. 10 s 14 (4)

hauling unit means a motor vehicle that forms part of a combination, but does not include a prime mover.

sch s 5 def hauling unit ins 2013 No. 4 s 12

heavy combination means a combination that is a heavy vehicle.

sch s 5 def heavy combination sub 2013 No. 4 s 12

heavy motor vehicle means a motor vehicle that is a heavy vehicle.

sch s 5 def heavy motor vehicle sub 2013 No. 4 s 12

heavy trailer means a trailer that is a heavy vehicle.

sch s 5 def heavy trailer ins 2013 No. 4 s 12

heavy vehicle has the meaning given by section 6.

sch s 5 def heavy vehicle sub 2013 No. 4 s 12

heavy vehicle accreditation means—

(a)AFM accreditation; or

(b)BFM accreditation; or

(c)maintenance management accreditation; or

(d)mass management accreditation.

sch s 5 def heavy vehicle accreditation sub 2013 No. 4 s 12

heavy vehicle standards has the meaning given by section 59.

sch s 5 def heavy vehicle standards sub 2013 No. 4 s 12

higher mass limits, for the purposes of Chapter 7, has the meaning given by section 403.

sch s 5 def higher mass limits sub 2013 No. 4 s 12

HML authority, for the purposes of Chapter 7, has the meaning given by section 403.

sch s 5 def HML authority sub 2013 No. 4 s 12

home address means—

(a)for an individual—the individual’s residential address in Australia; or

(b)for a body corporate with a registered office in Australia—the address of the registered office; or

(c)for another person—the address of the person’s principal or only place of business in Australia.

sch s 5 def home address sub 2013 No. 4 s 12

identification details, for the purposes of Division 6 of Part 9.3, has the meaning given by section 525.

sch s 5 def identification details sub 2013 No. 4 s 12

identification plate means a plate approved to be placed on a vehicle, or taken to have been placed on a vehicle, under the Motor Vehicle Standards Act 1989.

sch s 5 def identification plate sub 2013 No. 4 s 12; 2019 No. 29 s 4

impaired by fatigue has the meaning given by section 225.

sch s 5 def impaired by fatigue sub 2013 No. 4 s 12

improvement notice has the meaning given by section 572(2).

sch s 5 def improvement notice sub 2013 No. 4 s 12

in, a vehicle, includes on the vehicle.

sch s 5 def in sub 2013 No. 4 s 12

indicated, by an official traffic sign, includes—

(a)indicated by way of a direction on an official traffic sign; and

(b)indicated by way of a direction, indication or requirement that, under a law, is prescribed as being given or imposed, because of an official traffic sign.

sch s 5 def indicated ins 2013 No. 4 s 12

indictable offence means an offence mentioned in section 26F.

sch s 5 def indictable offence ins 2016 No. 65 s 7 (2)

information includes—

(a)information in the form of a printed document; and

Note—

See the definitions printed and document in section 12 of Schedule 1.

(b)information stored electronically.

sch s 5 def information ins 2016 No. 65 s 7 (2)

amd 2018 No. 18 s 6 (4)

information notice, for a decision, means a notice stating the following—

(a)the decision;

(b)the reasons for the decision;

(c)the review and appeal information for the decision.

sch s 5 def information notice sub 2013 No. 4 s 12

infringement notice means—

(a)an infringement notice issued under section 591; or

(b)an infringement notice, expiation notice, penalty notice or similar notice under the Infringement Notice Offences Law.

sch s 5 def infringement notice sub 2013 No. 4 s 12

Infringement Notice Offences Law, for a participating jurisdiction, means the law that is declared by a law of that jurisdiction to be the Infringement Notice Offences Law for the purposes of this Law.

sch s 5 def Infringement Notice Offences Law sub 2013 No. 4 s 12

inspect, a thing, includes—

(a)open the thing and examine its contents; and

(b)test the thing or its contents or both.

sch s 5 def inspect sub 2013 No. 4 s 12

insurer ...

sch s 5 def insurer sub 2013 No. 4 s 12

om 2018 No. 10 s 14 (1)

intelligent access map means the spatial data set in electronic form, issued by TCA from time to time, that defines the national public road system.

sch s 5 def intelligent access map ins 2013 No. 4 s 12

intelligent access program agreement, for the purposes of Chapter 7, has the meaning given by section 403.

sch s 5 def intelligent access program agreement sub 2013 No. 4 s 12

amd 2016 No. 65 s 139

intelligent access program audit, for the purposes of Chapter 7, has the meaning given by section 403.

sch s 5 def intelligent access program audit sub 2013 No. 4 s 12

amd 2016 No. 65 s 139

intelligent access program auditor means a person engaged by TCA for auditing activities conducted by intelligent access program service providers.

sch s 5 def intelligent access program auditor sub 2013 No. 4 s 12

amd 2016 No. 65 s 139

intelligent access program conditions has the meaning given by section 402.

sch s 5 def intelligent access program conditions sub 2013 No. 4 s 12

amd 2016 No. 65 s 139

intelligent access program information, for the purposes of Chapter 7, has the meaning given by section 403.

sch s 5 def intelligent access program information sub 2013 No. 4 s 12

amd 2016 No. 65 s 139

intelligent access program reporting entity, for the purposes of Chapter 6, has the meaning given by section 221.

sch s 5 def intelligent access program reporting entity sub 2013 No. 4 s 12

amd 2016 No. 65 s 139

intelligent access program service provider has the meaning given by section 403.

sch s 5 def intelligent access program service provider sub 2013 No. 4 s 12

amd 2016 No. 65 s 139

intelligent access program vehicle, for the purposes of Chapter 7, has the meaning given by section 403.

sch s 5 def intelligent access program vehicle sub 2013 No. 4 s 12

amd 2016 No. 65 s 139

intelligent transport system means a system involving the use of electronic or other technology, whether located in a heavy vehicle or on or near a road or elsewhere, that is able to monitor, generate, record, store, display, analyse, transmit or report information about—

(a)any or all of the following—

(i)a heavy vehicle, its equipment or load;

(ii)the driver of a heavy vehicle;

(iii)an operator of a heavy vehicle;

(iv)anyone else involved in road transport using a heavy vehicle; and

(b)without limiting paragraph (a), the compliance or noncompliance with this Law of the use of a heavy vehicle on a road.

sch s 5 def intelligent transport system sub 2013 No. 4 s 12

investigation purposes means investigating a contravention or suspected contravention of this Law.

sch s 5 def investigation purposes sub 2013 No. 4 s 12

journey documentation—

(a)means a document, other than transport documentation, in any form—

(i)directly or indirectly associated with—

(A)a transaction for the actual or proposed road transport of goods or passengers using a heavy vehicle, or for a previous transport of the goods or passengers by any transport method; or

(B)goods or passengers, to the extent the document is relevant to a transaction for their actual or proposed road transport; and

(ii)whether relating to a particular journey or to journeys generally; and

(b)includes, for example, any or all of the following—

(i)a document kept, used or obtained by a responsible person for a heavy vehicle in connection with the transport of goods or passengers;

(ii)a workshop, maintenance or repair record relating to a heavy vehicle used, or claimed to be used, for transporting goods or passengers;

(iii)a subcontractor’s payment advice relating to goods or passengers or their transport;

(iv)records kept, used or obtained by the driver of a heavy vehicle used, or claimed to be used, for transporting goods or passengers;

Examples—

•driver’s run sheet

•work diary entry

•fuel docket or receipt

•food receipt

•tollway receipt

•pay record

•mobile or other telephone record

(v)information reported through the use of an intelligent transport system;

(vi)a driver manual or instruction sheet;

(vii)an advice resulting from check weighing of a heavy vehicle’s mass or load performed before, during or after a journey.

Note—

See the definition document in section 12 of Schedule 1.

sch s 5 def journey documentation sub 2013 No. 4 s 12

amd 2018 No. 18 s 6 (3)

law enforcement agency means an agency that has functions or activities directed at the prevention, detection, investigation, prosecution or punishment of offences and other contraventions of a law for which penalties or sanctions may be imposed.

sch s 5 def law enforcement agency sub 2013 No. 4 s 12

law enforcement purposes, for the purposes of Chapter 7, has the meaning given by section 403.

sch s 5 def law enforcement purposes sub 2013 No. 4 s 12

load, of a heavy vehicle or in a heavy vehicle, means—

(a)all the goods, passengers, drivers and other persons in the vehicle; and

(b)all fuel, water, lubricants and readily removable equipment carried in the vehicle and required for its normal use; and

(c)personal items used by the vehicle’s driver or someone else necessary for the normal use of the vehicle; and

(d)anything that is normally removed from the vehicle when not in use.

sch s 5 def load, of a heavy vehicle or in a heavy vehicle, sub 2013 No. 4 s 12

load, when used as a verb, and loader—

A person loads goods in a heavy vehicle, and is a loader of goods in a heavy vehicle, if the person is a person who—

(a)loads the vehicle, or any container that is in or part of the vehicle, with the goods for road transport; or

(b)loads the vehicle with a freight container, whether or not it contains goods, for road transport.

sch s 5 def load, when used as a verb, and loader sub 2013 No. 4 s 12

loaded mass, of a vehicle, means the vehicle’s mass together with the mass of the vehicle’s load that is transmitted to the ground.

sch s 5 def loaded mass sub 2013 No. 4 s 12

loading manager, for goods in a heavy vehicle, means—

(a)a person who manages, or is responsible for the operation of, regular loading or unloading premises for heavy vehicles where the goods are—

(i)loaded onto the heavy vehicle; or

(ii)unloaded from the heavy vehicle; or

(b)a person who has been assigned by a person mentioned in paragraph (a) as responsible for supervising, managing or controlling, directly or indirectly, activities carried out by a loader or unloader of goods at regular loading or unloading premises for heavy vehicles.

sch s 5 def loading manager sub 2013 No. 4 s 12; 2016 No. 65 s 7 (1)–(2)

loading requirements has the meaning given by section 110.

sch s 5 def loading requirements sub 2013 No. 4 s 12

local government authority, for a participating jurisdiction, means an entity that is declared by a law of that jurisdiction to be a local government authority for that jurisdiction for the purposes of this Law.

sch s 5 def local government authority sub 2013 No. 4 s 12

maintenance management accreditation means—

(a)maintenance management accreditation granted under section 458; or

(b)accreditation of a similar kind under another law of a participating jurisdiction.

sch s 5 def maintenance management accreditation sub 2013 No. 4 s 12

amd 2015 No. 12 s 4 (8)

maintenance management standards and business rules, for the purposes of Chapter 8, has the meaning given by section 457.

sch s 5 def maintenance management standards and business rules sub 2013 No. 4 s 12

maintenance management system, for the purposes of Chapter 8, has the meaning given by section 457.

sch s 5 def maintenance management system sub 2013 No. 4 s 12

major defect notice means a notice complying with the requirements for a major defect notice under section 527.

sch s 5 def major defect notice sub 2013 No. 4 s 12; 2019 No. 29 s 7

major rest break, for the purposes of Chapter 6, has the meaning given by section 221.

sch s 5 def major rest break sub 2013 No. 4 s 12

malfunction—

(a)for the purposes of Chapter 6, has the meaning given by section 221; and

(b)for the purposes of Chapter 7, has the meaning given by section 403.

sch s 5 def malfunction sub 2013 No. 4 s 12

management member, of an unincorporated body, means—

(a)if the body has a management committee—each member of the management committee; or

(b)otherwise—each member who is concerned with, or takes part in, the body’s management, whatever name is given to the member’s position in the body.

sch s 5 def management member ins 2016 No. 65 s 7 (2)

mass, dimension or loading requirement means a mass requirement, dimension requirement or loading requirement.

sch s 5 def mass, dimension or loading requirement sub 2013 No. 4 s 12

mass management accreditation means—

(a)mass management accreditation granted under section 458; or

(b)accreditation of a similar kind under another law of a participating jurisdiction.

sch s 5 def mass management accreditation sub 2013 No. 4 s 12

amd 2015 No. 12 s 4 (9)

mass management standards and business rules, for the purposes of Chapter 8, has the meaning given by section 457.

sch s 5 def mass management standards and business rules sub 2013 No. 4 s 12

mass management system, for the purposes of Chapter 8, has the meaning given by section 457.

sch s 5 def mass management system sub 2013 No. 4 s 12

mass or dimension authority means—

(a)a mass or dimension exemption; or

(b)a class 2 heavy vehicle authorisation.

sch s 5 def mass or dimension authority sub 2013 No. 4 s 12

mass or dimension exemption means—

(a)a mass or dimension exemption (notice); or

(b)a mass or dimension exemption (permit).

sch s 5 def mass or dimension exemption sub 2013 No. 4 s 12

mass or dimension exemption (notice) has the meaning given by section 117(2).

sch s 5 def mass or dimension exemption (notice) sub 2013 No. 4 s 12

mass or dimension exemption (permit) has the meaning given by section 122(3).

sch s 5 def mass or dimension exemption (permit) sub 2013 No. 4 s 12

mass requirement means—

(a)a prescribed mass requirement (under section 95); or

(b)a requirement as to a mass limit relating to a heavy vehicle under a condition to which a mass or dimension authority is subject (where the mass limit is lower than the relevant prescribed mass requirement); or

(c)a requirement as to a mass limit under a PBS vehicle approval; or

(d)a requirement as to a mass limit indicated by an official traffic sign; or

Note—

See the definitions indicated and official traffic sign.

(e)a requirement as to a mass limit under the GVM or GCM for a heavy vehicle; or

(f)a requirement as to a mass limit for a component vehicle as stated by the manufacturer or as prescribed by a heavy vehicle standard.

sch s 5 def mass requirement ins 2013 No. 4 s 12

mass requirements ...

sch s 5 def mass requirements om 2013 No. 4 s 12

maximum work requirement means a requirement of Chapter 6 relating to a maximum work time for the driver of a fatigue-regulated heavy vehicle.

sch s 5 def maximum work requirement sub 2013 No. 4 s 12

maximum work time means the maximum time the driver of a fatigue-regulated heavy vehicle may drive a fatigue-regulated heavy vehicle, or otherwise work, without taking a rest.

sch s 5 def maximum work time sub 2013 No. 4 s 12

minimum rest requirement means a requirement of Chapter 6 relating to the minimum rest time for the driver of a fatigue-regulated heavy vehicle.

sch s 5 def minimum rest requirement sub 2013 No. 4 s 12

minimum rest time means the minimum time the driver of a fatigue-regulated heavy vehicle must rest in order to break up the period of time the driver drives a fatigue-regulated heavy vehicle or otherwise works.

sch s 5 def minimum rest time sub 2013 No. 4 s 12

minor defect notice means a notice complying with the requirements for a minor defect notice under section 527.

sch s 5 def minor defect notice sub 2013 No. 4 s 12; 2019 No. 29 s 7

minor risk breach—

(a)for a mass requirement—has the meaning given by section 98; or

(b)for a dimension requirement—has the meaning given by section 105; or

(c)for a loading requirement—has the meaning given by section 112; or

(d)for a maximum work requirement or minimum rest requirement—has the meaning given by section 222(1).

sch s 5 def minor risk breach sub 2013 No. 4 s 12

mistake of fact defence ...

sch s 5 def mistake of fact defence sub 2013 No. 4 s 12

om 2016 No. 65 s 7 (1)

modification, for the purposes of Part 3.3, has the meaning given by section 84.

sch s 5 def modification ins 2015 No. 12 s 4 (10)

monitoring purposes means finding out whether this Law is being complied with.

sch s 5 def monitoring purposes sub 2013 No. 4 s 12

motor vehicle means a vehicle built to be propelled by a motor that forms part of the vehicle.

sch s 5 def motor vehicle sub 2013 No. 4 s 12

Motor Vehicle Standards Act 1989 means the repealed Motor Vehicle Standards Act 1989 of the Commonwealth as in force before its repeal.

sch s 5 def Motor Vehicle Standards Act 1989 ins 2019 No. 29 s 4(2)

national regulations means the regulations made under section 730.

sch s 5 def national regulations sub 2013 No. 4 s 12

National Transport Commission means the National Transport Commission established by the National Transport Commission Act 2003 of the Commonwealth.

sch s 5 def National Transport Commission sub 2013 No. 4 s 12

night means the period between sunset on a day and sunrise on the next day.

sch s 5 def night sub 2013 No. 4 s 12

night rest break means—

(a)7 continuous hours stationary rest time between 10p.m. on a day and 8a.m. on the next day; or

Note—

Under sections 248 and 303, the time must be based on the time zone of the driver's base for drivers on a journey in a different time zone to the driver's base.

(b)24 continuous hours stationary rest time.

sch s 5 def night rest break sub 2013 No. 4 s 12

night work time, for the purposes of Chapter 6, has the meaning given by section 221.

sch s 5 def night work time sub 2013 No. 4 s 12

noncompliance report, for the purposes of Chapter 7, has the meaning given by section 403.

sch s 5 def noncompliance report sub 2013 No. 4 s 12

non-participating jurisdiction, for the purposes of Chapter 6, has the meaning given by section 221.

sch s 5 def non-participating jurisdiction sub 2013 No. 4 s 12

notice—

(a)means written notice; and

(b)for the purposes of Division 5B of Part 9.4, has the meaning given by section 576D.

sch s 5 def notice sub 2013 No. 4 s 12; 2018 No. 18 s 6 (1)–(2)

occupier, of a place, includes the following—

(a)if there is more than 1 person who apparently occupies the place—any 1 of the persons;

(b)any person at the place who is apparently acting with the authority of a person who apparently occupies the place;

(c)if no-one apparently occupies the place—any person who is an owner of the place.

sch s 5 def occupier sub 2013 No. 4 s 12

offence warning ...

sch s 5 def offence warning om 2013 No. 4 s 12

official means any of the following persons exercising a function under this Law—

(a)the Regulator;

(b)a road authority;

(c)an authorised officer.

sch s 5 def official sub 2013 No. 4 s 12

official traffic sign means a sign or device erected or placed, under a law, by a public authority (including, for example, a police force or police service) to regulate traffic.

sch s 5 def official traffic sign ins 2013 No. 4 s 12

operate and operator—

A person operates a vehicle or combination, and is an operator of the vehicle or combination, if the person is responsible for controlling or directing the use of—

(a)for a vehicle (including a vehicle in a combination)—the vehicle; or

(b)for a combination—the towing vehicle in the combination.

sch s 5 def operate and operator sub 2013 No. 4 s 12

oversize vehicle means a heavy vehicle that does not comply with a dimension requirement applying to it.

sch s 5 def oversize vehicle sub 2013 No. 4 s 12

owner—

(a)of a vehicle means—

(i)each person who is an owner, joint owner or part owner of the vehicle; or

(ii)a person who has the use or control of the vehicle under a credit agreement, hiring agreement, hire-purchase agreement or leasing arrangement; or

(b)of a combination means—

(i)each person who is an owner, joint owner or part owner of the towing vehicle in the combination; or

(ii)a person who has the use or control of the towing vehicle in the combination under a credit agreement, hiring agreement, hire-purchase agreement or leasing arrangement; or

(c)of a sample means an owner of the sample or the thing from which it was taken.

sch s 5 def owner sub 2013 No. 4 s 12

pack and packer—

A person packs goods, and is a packer of goods, if the person—

(a)puts the goods in packaging, even if that packaging is already on a vehicle; or

Example for the purposes of paragraph (a)—

A person who uses a hose to fill the tank of a tank vehicle with petrol packs the petrol for transport.

(b)assembles the goods as packaged goods in an outer packaging, even if that packaging is already on a vehicle; or

(c)supervises an activity mentioned in paragraph (a) or (b); or

(d)manages or controls an activity mentioned in paragraph (a), (b) or (c).

sch s 5 def pack and packer sub 2013 No. 4 s 12

packaging, in relation to goods, means anything that contains, holds, protects or encloses the goods, whether directly or indirectly, to enable them to be received or held for transport, or to be transported.

Note—

It may be that a container constitutes the whole of the packaging of goods, as in the case of a drum in which goods are directly placed.

sch s 5 def packaging sub 2013 No. 4 s 12

participating jurisdiction—

(a)for the purposes of this Law other than Chapter 6—means a State or Territory in which—

(i)this Law applies as a law of the State or Territory; or

(ii)a law that substantially corresponds to the provisions of this Law has been enacted; or

(iii)a law prescribed by the national regulations for the purposes of this subparagraph has been enacted; or

(b)for the purposes of Chapter 6—has the meaning given by section 221.

sch s 5 def participating jurisdiction sub 2013 No. 4 s 12

participation day ...

sch s 5 def participation day om 2013 No. 4 s 12

party in the chain of responsibility, for a heavy vehicle, means each of the following persons—

(a)if the vehicle’s driver is an employed driver—an employer of the driver;

(b)if the vehicle’s driver is a self-employed driver—a prime contractor for the driver;

(c)an operator of the vehicle;

(d)a scheduler for the vehicle;

(e)a consignor of any goods in the vehicle;

(f)a consignee of any goods in the vehicle;

(g)a packer of any goods in the vehicle;

(h)a loading manager for any goods in the vehicle;

(i)a loader of any goods in the vehicle;

(j)an unloader of any goods in the vehicle.

sch s 5 def party in the chain of responsibility sub 2013 No. 4 s 12; 2016 No. 65 s 7 (1)–(2)

passenger, of a vehicle, means any person carried in the vehicle other than the vehicle’s driver or someone else necessary for the normal use of the vehicle.

sch s 5 def passenger sub 2013 No. 4 s 12

PBS design approval means a current approval given under section 22 for the design of a type of heavy vehicle that, if built to the design, is eligible for PBS vehicle approval.

Note—

‘PBS’ stands for performance based standards.

sch s 5 def PBS design approval ins 2013 No. 4 s 12

PBS Review Panel means an advisory body appointed by the Regulator to provide expert advice in the assessment of applications for PBS design approvals or PBS vehicle approvals and of their impacts.

Note—

The membership of the PBS Review Panel consists of one representative of each State and Territory, an independent Chairperson and an independent Deputy Chairperson. The Commonwealth may, if it decides to do so, nominate a representative of the Commonwealth. The procedure of the Panel is as determined by the Regulator.

sch s 5 def PBS Review Panel ins 2013 No. 4 s 12

PBS vehicle means a heavy vehicle that is the subject of a current PBS vehicle approval under Part 1.4.

sch s 5 def PBS vehicle ins 2013 No. 4 s 12

PBS vehicle approval means a current approval issued for a heavy vehicle by the Regulator under section 23.

sch s 5 def PBS vehicle approval ins 2013 No. 4 s 12

personal information—

(a)generally, means information or an opinion, including information or an opinion forming part of a database, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be found out, from the information or opinion; and

(b)for the purposes of Chapter 7, has the meaning given by section 403.

sch s 5 def personal information sub 2013 No. 4 s 12

pig trailer means a trailer—

(a)with 1 axle group or a single axle near the middle of its load carrying surface; and

(b)connected to the towing vehicle by a drawbar.

sch s 5 def pig trailer ins 2013 No. 4 s 12

pilot vehicle means a motor vehicle that accompanies an oversize vehicle to warn other road users of the oversize vehicle’s presence.

sch s 5 def pilot vehicle sub 2013 No. 4 s 12

place of business, for the purposes of Part 9.2, has the meaning given by section 494.

sch s 5 def place of business sub 2013 No. 4 s 12

pole-type trailer means a trailer that—

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

(b)is ordinarily used for transporting loads, such as logs, pipes, structural members, or other long objects, that can generally support themselves like beams between supports.

Pole-type trailer

sch s 5 def pole-type trailer sub 2013 No. 4 s 12

police commissioner means the head of the police force or police service (however called) of a participating jurisdiction.

sch s 5 def police commissioner sub 2013 No. 4 s 12

premises—

(a)means a building or other structure, a vessel, or another place (whether built on or not)—

(i)from which a business is carried out; or

(ii)at or from which goods are loaded onto or unloaded from vehicles; and

(b)includes a part of a building, structure, vessel or place mentioned in paragraph (a).

sch s 5 def premises sub 2013 No. 4 s 12

prescribed dimension requirement means a requirement prescribed by the national regulations under section 101.

sch s 5 def prescribed dimension requirement ins 2013 No. 4 s 12

prescribed fee means a fee prescribed by the national regulations under section 740(1).

sch s 5 def prescribed fee sub 2013 No. 4 s 12

prescribed mass requirement means a requirement prescribed by the national regulations under section 95.

sch s 5 def prescribed mass requirement ins 2013 No. 4 s 12

previous corresponding law—

1

A previous corresponding law is a law of a participating jurisdiction that, before the participation day for the jurisdiction, provided for the same, or substantially the same, matters as the provisions of this Law.

2

A previous corresponding law for a provision of this Law is a provision of a previous corresponding law within the meaning of paragraph 1 that corresponds, or substantially corresponds, to the provision of this Law.

3For the purposes of paragraph 1, it is irrelevant whether the law of the participating jurisdiction—

(a)is in 1 instrument or 2 or more instruments; or

(b)is part of an instrument; or

(c)is part of an instrument and the whole or part of 1 or more other instruments.

sch s 5 def previous corresponding law sub 2013 No. 4 s 12

prime contractor, of the driver of a heavy vehicle, means a person who engages the driver to drive the vehicle under a contract for services.

Example—

a logistics business that engages a subcontractor to transport goods.

sch s 5 def prime contractor sub 2013 No. 4 s 12

prime mover means a heavy motor vehicle designed to tow a semitrailer.

sch s 5 def prime mover sub 2013 No. 4 s 12

prohibition notice has the meaning given by section 576A(3).

sch s 5 def prohibition notice ins 2018 No. 18 s 6 (2)

prohibition order has the meaning given by section 607(1).

sch s 5 def prohibition order sub 2013 No. 4 s 12

promisee see section 590A.

sch s 5 def promisee ins 2016 No. 65 s 7 (2)

protected information, for the purposes of Part 13.4, has the meaning given by section 727.

sch s 5 def protected information sub 2013 No. 4 s 12

public authority means—

(a)a State or Territory or the Commonwealth, in any capacity; or

(b)a body established under a law, or the holder of an office established under a law, for a public purpose, including a local government authority.

sch s 5 def public authority sub 2013 No. 4 s 12

public notice means a notice—

(a)in the Commonwealth Gazette; and

(b)on the Regulator’s website; and

(c)if the Regulator considers it appropriate—in another way, including, for example, in a national newspaper.

sch s 5 def public notice ins 2016 No. 65 s 117

public place means a place or part of a place—

(a)that the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or

(b)the occupier of which allows members of the public to enter, whether or not on payment of money.

sch s 5 def public place sub 2013 No. 4 s 12

public risk means—

(a)a safety risk; or

(b)a risk of damage to road infrastructure.

sch s 5 def public risk ins 2016 No. 65 s 7 (2)

public safety means the safety of persons or property, including the safety of—

(a)the drivers of, and passengers and other persons in, vehicles and combinations; and

(b)persons or property in or in the vicinity of, or likely to be in or in the vicinity of, road infrastructure and public places; and

(c)vehicles and combinations and any loads in them.

sch s 5 def public safety sub 2013 No. 4 s 12

public safety ground, for a reviewable decision, has the meaning given by section 640.

sch s 5 def public safety ground sub 2013 No. 4 s 12

quad-axle group means a group of 4 axles, in which the horizontal distance between the centre-lines of the outermost axles is more than 3.2m but not more than 4.9m.

sch s 5 def quad-axle group sub 2013 No. 4 s 12

qualified, to drive a heavy vehicle, or to start or stop its engine, for a person, means the person—

(a)holds a driver licence of the appropriate class to drive the vehicle that is not suspended; and

(b)is not prevented under a law, including, for example, by the conditions of the driver licence, from driving the vehicle at the relevant time.

sch s 5 def qualified sub 2013 No. 4 s 12

Queensland Minister means the responsible Minister for Queensland.

sch s 5 def Queensland Minister sub 2013 No. 4 s 12

reasonable steps defence ...

sch s 5 def reasonable steps defence sub 2013 No. 4 s 12

om 2016 No. 65 s 7 (1)

reasonably believes means believes on grounds that are reasonable in the circumstances.

sch s 5 def reasonably believes sub 2013 No. 4 s 12

reasonably practicable, in relation to a duty, means that which is, or was at a particular time, reasonably able to be done in relation to the duty, weighing up all relevant matters, including—

(a)the likelihood of a safety risk, or damage to road infrastructure, happening; and

(b)the harm that could result from the risk or damage; and

(c)what the person knows, or ought reasonably to know, about the risk or damage; and

(d)what the person knows, or ought reasonably to know, about the ways of—

(i)removing or minimising the risk; or

(ii)preventing or minimising the damage; and

(e)the availability and suitability of those ways; and

(f)the cost associated with the available ways, including whether the cost is grossly disproportionate to the likelihood of the risk or damage.

sch s 5 def reasonably practicable ins 2016 No. 65 s 7 (2)

reasonably satisfied means satisfied on grounds that are reasonable in the circumstances.

sch s 5 def reasonably satisfied sub 2013 No. 4 s 12

reasonably suspects means suspects on grounds that are reasonable in the circumstances.

sch s 5 def reasonably suspects sub 2013 No. 4 s 12

record keeper has the meaning given by section 317.

sch s 5 def record keeper sub 2013 No. 4 s 12

amd 2016 No. 65 s 7 (5)

record location, of the driver of a fatigue-regulated heavy vehicle, for the purposes of Chapter 6, has the meaning given by section 290.

sch s 5 def record location sub 2013 No. 4 s 12

registered industry code of practice means an industry code of practice registered under section 706.

sch s 5 def registered industry code of practice sub 2013 No. 4 s 12

registered interest means an interest registered under the Personal Property Securities Act 2009 of the Commonwealth by a secured party for which the thing or sample is collateral.

sch s 5 def registered interest ins 2013 No. 4 s 12

registered operator, of a heavy vehicle, means the person recorded on a vehicle register as the person responsible for the vehicle, however named, kept under another Australian road law.

sch s 5 def registered operator sub 2013 No. 4 s 12; 2018 No. 10 s 14 (1)–(2)

registration, of a heavy vehicle, means registration of the vehicle under an Australian road law.

sch s 5 def registration sub 2013 No. 4 s 12; 2018 No. 10 s 14 (1)–(2)

registration authority, for a heavy vehicle, means the authority responsible for the registration of the vehicle under an Australian road law.

sch s 5 def registration authority ins 2015 No. 12 s 4 (11)

sub 2018 No. 10 s 14 (1)–(2)

registration certificate ...

sch s 5 def registration certificate om 2013 No. 4 s 12

registration exemption ...

sch s 5 def registration exemption sub 2013 No. 4 s 12

om 2018 No. 10 s 14 (1)

registration item means a document, number plate, label or other thing relating to the registration or purported registration of a heavy vehicle.

Note—

See the definition document in section 12 of Schedule 1.

sch s 5 def registration item sub 2013 No. 4 s 12; 2018 No. 10 s 14 (1)–(2)

amd 2018 No. 18 s 6 (3)

registration number, for a heavy vehicle, means the identifying registration number, however described, given to the vehicle under an Australian road law.

sch s 5 def registration number sub 2013 No. 4 s 12; 2018 No. 10 s 14 (1)–(2)

regular loading or unloading premises—

1

Regular loading or unloading premises, for heavy vehicles, means premises at or from which an average of at least 5 heavy vehicles are loaded or unloaded on each day the premises are operated for loading or unloading heavy vehicles.

2For the purposes of paragraph 1, an average of at least 5 heavy vehicles are loaded or unloaded at or from premises on each day the premises are operated for loading or unloading heavy vehicles if—

(a)for premises operated for loading or unloading heavy vehicles for 12 months or more—during the previous 12 months, an average of at least 5 heavy vehicles were loaded or unloaded at or from the premises on each day the premises were operated for loading or unloading heavy vehicles; or

(b)for premises operated for loading or unloading heavy vehicles for less than 12 months—during the period the premises have been in operation for loading or unloading heavy vehicles, an average of at least 5 heavy vehicles were loaded or unloaded at or from the premises on each day the premises were operated for loading or unloading heavy vehicles.

3

In the application of this definition to the definition loading manager where used in Chapter 6, references in paragraphs 1 and 2 to ‘an average of at least 5 heavy vehicles’ are to be read as references to an average of at least 5 fatigue-regulated heavy vehicles.

Note—

Consequently, Chapter 6 applies to a person as a loading manager only if the premises concerned are premises at or from which an average of at least 5 fatigue-regulated heavy vehicles are loaded or unloaded on each day the premises are operated for loading or unloading heavy vehicles.

sch s 5 def regular loading or unloading premises sub 2013 No. 4 s 12

amd 2016 No. 65 s 7 (6)

Regulator means the National Heavy Vehicle Regulator established under section 656.

sch s 5 def Regulator sub 2013 No. 4 s 12

Regulator’s website means the website of the Regulator on the internet.

sch s 5 def Regulator’s website sub 2013 No. 4 s 12

relevant appeal body, for the purposes of Chapter 11, has the meaning given by section 640.

sch s 5 def relevant appeal body sub 2013 No. 4 s 12

relevant contravention, for the purposes of Chapter 7, has the meaning given by section 403.

sch s 5 def relevant contravention sub 2013 No. 4 s 12

relevant emission, for a heavy vehicle, means noise emission, gaseous emission or particle emission emanating from the vehicle.

sch s 5 def relevant emission ins 2013 No. 4 s 12

relevant garage address, of a heavy vehicle, means—

(a)the heavy vehicle’s garage address; or

(b)if the heavy vehicle is a combination—the garage address of the towing vehicle in the combination.

sch s 5 def relevant garage address sub 2013 No. 4 s 12

relevant jurisdiction, for the purposes of Chapter 11, has the meaning given by section 640.

sch s 5 def relevant jurisdiction sub 2013 No. 4 s 12

relevant management system, for the purposes of Chapter 8, has the meaning given by section 457.

sch s 5 def relevant management system sub 2013 No. 4 s 12

relevant monitoring matters, for the purposes of Chapter 7, has the meaning given by section 403.

sch s 5 def relevant monitoring matters sub 2013 No. 4 s 12

relevant place, for the purposes of Part 9.2, has the meaning given by section 494.

sch s 5 def relevant place sub 2013 No. 4 s 12

relevant police commissioner, in relation to a police officer, means the police commissioner for the police force or police service (however called) of which the police officer is a member.

sch s 5 def relevant police commissioner sub 2013 No. 4 s 12

relevant road manager, for a mass or dimension authority, means a road manager for a road in the area, or on the route, to which the authority applies.

sch s 5 def relevant road manager sub 2013 No. 4 s 12

relevant standards and business rules, for the purposes of Chapter 8, has the meaning given by section 457.

sch s 5 def relevant standards and business rules sub 2013 No. 4 s 12

relevant tribunal or court, for a participating jurisdiction, means a tribunal or court that is declared by a law of that jurisdiction to be the relevant tribunal or court for that jurisdiction for the purposes of this Law.

sch s 5 def relevant tribunal or court sub 2013 No. 4 s 12

residence, for the purposes of Part 9.2, has the meaning given by section 494(1).

sch s 5 def residence ins 2015 No. 12 s 4 (12)

responsible entity, for a freight container, means—

(a)the person who, in Australia, consigned the container for road transport using a heavy vehicle; or

(b)if there is no person as described in paragraph (a)—the person who, in Australia, for a consignor, arranged for the container’s road transport using a heavy vehicle; or

(c)if there is no person as described in paragraph (a) or (b)—the person who, in Australia, physically offered the container for road transport using a heavy vehicle.

sch s 5 def responsible entity sub 2013 No. 4 s 12

responsible Minister, for a participating jurisdiction, means the Minister of that jurisdiction nominated by it as its responsible Minister for the purposes of this Law.

sch s 5 def responsible Minister sub 2013 No. 4 s 12

responsible Ministers means a group of Ministers consisting of—

(a)the responsible Minister for each participating jurisdiction; and

(b)the Commonwealth responsible Minister.

Note—

See also section 655(3).

sch s 5 def responsible Ministers sub 2013 No. 4 s 12

responsible person, for a heavy vehicle, means a person having, at a relevant time, a role or responsibility associated with road transport using the vehicle, and includes any of the following—

(a)an owner of the vehicle or, if it is a combination, an owner of a heavy vehicle forming part of the combination;

(b)the vehicle’s driver;

(c)an operator or registered operator of the vehicle or, if it is a combination, an operator or registered operator of a heavy vehicle forming part of the combination;

(d)a person in charge or apparently in charge of—

(i)the vehicle; or

(ii)the vehicle’s garage address or, if it is a combination, the garage address of a heavy vehicle forming part of the combination; or

(iii)a base of the vehicle’s driver;

(e)a person appointed under a heavy vehicle accreditation to have monitoring or other responsibilities under the accreditation, including, for example, responsibilities for certifying, monitoring or approving the use of heavy vehicles under the accreditation;

(f)a person who provides to an owner or registered operator of the vehicle or, if it is a combination, an owner or registered operator of a heavy vehicle forming part of the combination, an intelligent transport system for the vehicle;

(g)a person in charge of a place entered by an authorised officer under this Law for the purpose of exercising a power under this Law;

(h)a consignor of goods for road transport;

(i)a packer of goods in a freight container or other container or in a package or on a pallet for road transport;

(j)a person who loads goods or a container for road transport;

(k)a person who unloads goods or a container containing goods consigned for road transport;

(l)a person to whom goods are consigned for road transport;

(m)a person who receives goods packed outside Australia in a freight container or other container or on a pallet for road transport in Australia;

(n)an owner or operator of a weighbridge or weighing facility used to weigh the vehicle, or an occupier of the place where the weighbridge or weighing facility is located;

(o)a responsible entity for a freight container on the vehicle;

(p)a loading manager for goods in heavy vehicles for road transport or another person who controls or directly influences the loading of goods for road transport;

(q)a scheduler for the vehicle;

(r)an employer, employee, agent or subcontractor of a person mentioned in any of paragraphs (a) to (q).

sch s 5 def responsible person sub 2013 No. 4 s 12

rest, in relation to a fatigue-regulated heavy vehicle, has the meaning given by section 221.

sch s 5 def rest sub 2013 No. 4 s 12

rest time, for the purposes of Chapter 6, has the meaning given by section 221.

sch s 5 def rest time sub 2013 No. 4 s 12

review and appeal information—

(a)for a decision made by the Regulator or an authorised officer who is not a police officer, means the following information—

(i)that, under section 641, a dissatisfied person for the decision may ask for the decision to be reviewed by the Regulator;

(ii)that, under section 642, the person may apply for the decision to be stayed by a relevant tribunal or court unless the decision was made by the Regulator on the basis of a public safety ground;

(iii)that, in relation to the Regulator’s decision on the review, the person may—

(A)under section 647, appeal against the decision to a relevant tribunal or court; and

(B)under section 648, apply for the decision to be stayed by a relevant tribunal or court unless the reviewable decision to which the review decision relates was made by the Regulator on the basis of a public safety ground; and

(b)for a decision made by a road manager (for a road) that is a public authority, means the following information—

(i)that, under section 641, a dissatisfied person for the decision may apply to the Regulator to have the decision reviewed;

(ii)that, under section 643, the Regulator must refer the application to the road manager for review;

(iii)that the decision of the road manager on the review is not subject to further review or appeal under this Law; and

(c)for a decision made by an authorised officer who is a police officer, or a road manager (for a road) that is not a public authority, means that the decision is not subject to review or appeal under this Law.

sch s 5 def review and appeal information sub 2013 No. 4 s 12

review application, for the purposes of Chapter 11, has the meaning given by section 640.

sch s 5 def review application sub 2013 No. 4 s 12

review decision, for the purposes of Chapter 11, has the meaning given by section 640.

sch s 5 def review decision sub 2013 No. 4 s 12

reviewable decision has the meaning given by section 640.

sch s 5 def reviewable decision sub 2013 No. 4 s 12

reviewer, for the purposes of Chapter 11, has the meaning given by section 640.

sch s 5 def reviewer sub 2013 No. 4 s 12

rigid, other than in the definition articulated bus, means not articulated.

sch s 5 def rigid sub 2013 No. 4 s 12

risk category—

(a)for a contravention of a mass, dimension or loading requirement, means 1 of the following categories—

(i)minor risk breach;

(ii)substantial risk breach;

(iii)severe risk breach; or

(b)for a contravention of a maximum work requirement or minimum rest requirement, means 1 of the following categories—

(i)minor risk breach;

(ii)substantial risk breach;

(iii)severe risk breach;

(iv)critical risk breach.

sch s 5 def risk category sub 2013 No. 4 s 12

road has the meaning given by section 8.

Note—

See also section 13.

sch s 5 def road sub 2013 No. 4 s 12

road authority, for a participating jurisdiction, means an entity that is declared by a law of that jurisdiction to be the road authority for that jurisdiction for the purposes of this Law.

sch s 5 def road authority sub 2013 No. 4 s 12

road condition has the meaning given by section 154.

sch s 5 def road condition sub 2013 No. 4 s 12

road infrastructure includes—

(a)a road, including its surface or pavement; and

(b)anything under or supporting a road or its surface or pavement; and

(c)any bridge, tunnel, causeway, road-ferry, ford or other work or structure forming part of a road system or supporting a road; and

(d)any bridge or other work or structure located above, in or on a road; and

(e)any traffic control devices, railway equipment, electricity equipment, emergency telephone systems or any other facilities (whether of the same or a different kind) in, on, over, under or connected with anything mentioned in paragraphs (a) to (d).

sch s 5 def road infrastructure sub 2013 No. 4 s 12

road manager, for a road in a participating jurisdiction, means an entity that is declared by a law of that jurisdiction to be the road manager for the road for the purposes of this Law.

sch s 5 def road manager sub 2013 No. 4 s 12

road-related area has the meaning given by section 8.

sch s 5 def road-related area sub 2013 No. 4 s 12

Road Rules, for a participating jurisdiction, means the law that is declared by a law of that jurisdiction to be the Road Rules for the purposes of this Law.

sch s 5 def Road Rules sub 2013 No. 4 s 12

road train means—

(a)a B-triple; or

(b)a combination, other than a B-double, consisting of a motor vehicle towing at least 2 trailers, excluding any converter dolly supporting a semitrailer.

Typical triple road train

sch s 5 def road train sub 2013 No. 4 s 12

amd 2015 No. 12 s 4 (13)

road transport means transport by road.

sch s 5 def road transport sub 2013 No. 4 s 12

Road Vehicle Standards Act 2018 means the Road Vehicle Standards Act 2018 of the Commonwealth.

sch s 5 def Road Vehicle Standards Act 2018 ins 2019 No. 29 s 4(2)

route assessment, for the purposes of Part 4.7, has the meaning given by section 154.

sch s 5 def route assessment sub 2013 No. 4 s 12

safer freight vehicle has the meaning given by section 153A(2).

sch s 5 def safer freight vehicle ins 2024 No. 2 s 8B

safety duty means a duty imposed under any of the following provisions—

(a)section 26C;

(b)section 26E(1) or (2);

(c)section 89(1);

(d)section 93(1), (2) or (3);

(e)section 129(1), (2) or (3);

(f)section 137;

(g)section 150(1);

(h)section 153A(1);

(i)section 186(2), (3), (4) or (5);

(j)section 187(2) or (3);

(k)section 335(1);

(l)section 336(1);

(m)section 337(2);

(n)section 454(1) or (2);

(o)section 467;

(p)section 470(2), (3) or (4);

(q)section 604;

(r)section 610.

sch s 5 def safety duty reloc 2018 No. 18 s 9

safety risk means a risk—

(a)to public safety; or

(b)of harm to the environment.

sch s 5 def safety risk sub 2013 No. 4 s 12

schedule, for the driver of a heavy vehicle, means—

(a)the schedule for the transport of any goods or passengers by the vehicle; or

(b)the schedule of the driver’s work times and rest times.

sch s 5 def schedule sub 2013 No. 4 s 12

scheduler, for a heavy vehicle, means a person who—

(a)schedules the transport of any goods or passengers by the vehicle; or

(b)schedules the work times and rest times of the vehicle’s driver.

sch s 5 def scheduler sub 2013 No. 4 s 12

second edition ADR means an ADR incorporated in the document described as the ‘Australian Design Rules for Motor Vehicle Safety, Second Edition’ originally published by the former Commonwealth Department of Transport.

sch s 5 def second edition ADR ins 2019 No. 29 s 4(2)

self-clearing defect notice means a notice complying with the requirements for a self-clearing defect notice under section 527.

sch s 5 def self-clearing defect notice ins 2019 No. 29 s 7(2)

self-employed driver, of a heavy vehicle, means a driver of the vehicle who is not an employed driver of the vehicle.

sch s 5 def self-employed driver sub 2013 No. 4 s 12

semitrailer means a trailer that has—

(a)1 axle group or a single axle towards the rear; and

(b)a means of attachment to a prime mover that results in some of the mass of the trailer’s load being imposed on the prime mover.

sch s 5 def semitrailer sub 2013 No. 4 s 12

severe risk breach—

(a)for a mass requirement—has the meaning given by section 100; or

(b)for a dimension requirement—has the meaning given by section 107; or

(c)for a loading requirement—has the meaning given by section 114; or

(d)for a maximum work requirement or minimum rest requirement—has the meaning given by section 222(3).

sch s 5 def severe risk breach sub 2013 No. 4 s 12

severe risk breach lower limit—

(a)for the purposes of Division 2 of Part 4.2, has the meaning given by section 97; or

(b)for the purposes of Division 2 of Part 4.3, has the meaning given by section 104.

sch s 5 def severe risk breach lower limit sub 2013 No. 4 s 12

sign of fatigue, for the purposes of Chapter 6, has the meaning given by section 221.

sch s 5 def sign of fatigue sub 2013 No. 4 s 12

single axle means—

(a)1 axle; or

(b)2 axles with centres between transverse, parallel, vertical planes spaced less than 1.0m apart.

sch s 5 def single axle sub 2013 No. 4 s 12

single axle group ...

sch s 5 def single axle group om 2013 No. 4 s 12

solo driver, for the purposes of Chapter 6, has the meaning given by section 221.

sch s 5 def solo driver sub 2013 No. 4 s 12

speed limit means—

(a)a speed limit applying under this Law, the Road Rules or another law; and

(b)when used in the context of a speed limit applying to the driver of a heavy vehicle—a speed limit applying to the driver or the vehicle (or both) under this Law, the Road Rules or another law (whether it applies specifically to the particular driver or the particular vehicle or it applies to all drivers or vehicles or to a class of drivers or vehicles to which the driver or vehicle belongs).

Note—

A reference to a speed limit applying under this Law, the Road Rules or another law covers both—

•a speed limit specified in this Law, the Road Rules or other law

•a speed limit specified in an instrument, or in some other manner, under this Law, the Road Rules or other law (for example, a speed limit specified in a permit or a Commonwealth Gazette notice)

sch s 5 def speed limit sub 2013 No. 4 s 12

standard hours, for the purposes of Chapter 6, has the meaning given by section 249.

sch s 5 def standard hours sub 2013 No. 4 s 12

Standards Australia means Standards Australia Limited CAN 087 326 690, and includes a reference to the Standards Association of Australia as constituted before 1 July 1999.

sch s 5 def Standards Australia sub 2013 No. 4 s 12

stationary rest time has the meaning given by section 221.

sch s 5 def stationary rest time sub 2013 No. 4 s 12

substantial risk breach—

(a)for a mass requirement—has the meaning given by section 99; or

(b)for a dimension requirement—has the meaning given by section 106; or

(c)for a loading requirement—has the meaning given by section 113; or

(d)for a maximum work requirement or minimum rest requirement—has the meaning given by section 222(2).

sch s 5 def substantial risk breach sub 2013 No. 4 s 12

substantial risk breach lower limit—

(a)for the purposes of Division 2 of Part 4.2, has the meaning given by section 97; or

(b)for the purposes of Division 2 of Part 4.3, has the meaning given by section 104.

sch s 5 def substantial risk breach lower limit sub 2013 No. 4 s 12

suitable rest place, for fatigue-regulated heavy vehicles, means—

(a)a rest area designated for use, and able to be used, by fatigue-regulated heavy vehicles; or

(b)a place at which a fatigue-regulated heavy vehicle may be safely and lawfully parked.

sch s 5 def suitable rest place sub 2013 No. 4 s 12

supervisory intervention order has the meaning given by section 600(1).

sch s 5 def supervisory intervention order sub 2013 No. 4 s 12

supplementary record, for the purposes of Chapter 6, has the meaning given by section 221.

sch s 5 def supplementary record sub 2013 No. 4 s 12

tamper—

(a)with an emission control system, for the purposes of section 91, has the meaning given by that section; or

(b)with a plate or label, for the purposes of section 87A, has the meaning given by that section; or

(c)with a speed limiter, for the purposes of section 93, has the meaning given by that section; or

(d)with an approved electronic recording system, for the purposes of Chapter 6, has the meaning given by section 334; or

(e)with an approved intelligent transport system, for the purposes of Chapter 7, has the meaning given by section 403.

sch s 5 def tamper sub 2013 No. 4 s 12

amd 2015 No. 12 s 4(14–15)

tandem axle group means a group of at least 2 axles, in which the horizontal distance between the centre-lines of the outermost axles is at least 1m but not more than 2m.

sch s 5 def tandem axle group sub 2013 No. 4 s 12

TCA means Transport Certification Australia Limited ACN 113 379 936.

sch s 5 def TCA sub 2013 No. 4 s 12

Territory means the Australian Capital Territory or the Northern Territory.

sch s 5 def Territory sub 2013 No. 4 s 12

the State means the Crown in right of this jurisdiction, and includes—

(a)the Government of this jurisdiction; and

(b)a Minister of the Crown in right of this jurisdiction; and

(c)a statutory corporation, or other entity, representing the Crown in right of this jurisdiction.

sch s 5 def the State sub 2013 No. 4 s 12

third edition ADR means—

(a)a national standard under section 7 of the Motor Vehicle Standards Act 1989; or

(b)a national road vehicle standard under section 12 of the Road Vehicle Standards Act 2018.

sch s 5 def third edition ADR ins 2019 No. 29 s 4(2)

third party insurance legislation means—

(a)legislation about compensation for third parties who are injured or killed by the use of motor vehicles or trailers; or

(b)legislation about payment of contributions towards compensation of that kind; or

(c)legislation requiring public liability insurance.

sch s 5 def third party insurance legislation sub 2013 No. 4 s 12

this jurisdiction see the law of each participating jurisdiction for the meaning of this term.

sch s 5 def this jurisdiction ins 2013 No. 4 s 12

this Law means—

(a)this Law as it applies as a law of a participating jurisdiction; or

(b)a law of a participating jurisdiction that—

(i)substantially corresponds to the provisions of this Law; or

(ii)

is prescribed by the national regulations for the purposes of paragraph (a)(iii) of the definition participating jurisdiction.

Note—

See also section 11.

sch s 5 def this Law sub 2013 No. 4 s 12

tow truck means—

(a)a heavy motor vehicle that is—

(i)equipped with a crane, winch, ramp or other lifting device; and

(ii)used or intended to be used for the towing of motor vehicles; or

(b)a heavy motor vehicle to which is attached, temporarily or otherwise, a trailer or device that is—

(i)equipped with a crane, winch, ramp or other lifting device; and

(ii)used or intended to be used for the towing of motor vehicles.

sch s 5 def tow truck sub 2013 No. 4 s 12

tractor means a motor vehicle used for towing purposes, other than—

(a)a motor vehicle designed to carry goods or passengers; or

(b)a tow truck.

sch s 5 def tractor sub 2013 No. 4 s 12

traffic includes vehicular traffic, pedestrian traffic and all other forms of road traffic.

sch s 5 def traffic sub 2013 No. 4 s 12

trailer means a vehicle that is built to be towed, or is towed, by a motor vehicle, but does not include a motor vehicle being towed.

sch s 5 def trailer sub 2013 No. 4 s 12

transport activities means activities, including business practices and making decisions, associated with the use of a heavy vehicle on a road, including, for example—

(a)contracting, directing or employing a person—

(i)to drive the vehicle; or

(ii)to carry out another activity associated with the use of the vehicle (such as maintaining or repairing the vehicle); or

(b)consigning goods for transport using the vehicle; or

(c)scheduling the transport of goods or passengers using the vehicle; or

(d)packing goods for transport using the vehicle; or

(e)managing the loading of goods onto or unloading of goods from the vehicle; or

(f)loading goods onto or unloading goods from the vehicle; or

(g)receiving goods unloaded from the vehicle.

sch s 5 def transport activities ins 2016 No. 65 s 7 (2)

transport documentation means each of the following—

(a)each contractual document directly or indirectly associated with—

(i)a transaction for the actual or proposed road transport of goods or passengers or any previous transport of the goods or passengers by any transport method; or

(ii)goods or passengers, to the extent the document is relevant to the transaction for their actual or proposed road transport;

(b)each document—

(i)contemplated in a contractual document mentioned in paragraph (a); or

(ii)required by law, or customarily given, in connection with a contractual document or transaction mentioned in paragraph (a).

Examples—

•bill of lading

•consignment note

•container weight declaration

•contract of carriage

•delivery order

•export receival advice

•invoice

•load manifest

•sea carriage document

•vendor declaration

Note—

See the definition document in section 12 of Schedule 1.

sch s 5 def transport documentation sub 2013 No. 4 s 12

amd 2018 No. 18 s 6 (3)

travel condition has the meaning given by section 154.

sch s 5 def travel condition ins 2013 No. 4 s 12

tri-axle group means a group of at least 3 axles, in which the horizontal distance between the centre-lines of the outermost axles is more than 2m but not more than 3.2m.

sch s 5 def tri-axle group sub 2013 No. 4 s 12

truck means a rigid motor vehicle built mainly as a load carrying vehicle.

sch s 5 def truck sub 2013 No. 4 s 12

twinsteer axle group means a group of 2 axles—

(a)with single tyres; and

(b)fitted to a motor vehicle; and

(c)connected to the same steering mechanism; and

(d)the horizontal distance between the centre-lines of which is at least 1m but not more than 2m.

sch s 5 def twinsteer axle group sub 2013 No. 4 s 12

two-up driving arrangement, for the purposes of Chapter 6, has the meaning given by section 221.

sch s 5 def two-up driving arrangement sub 2013 No. 4 s 12

unattended, for a heavy vehicle, for the purposes of Division 3 of Part 9.3, has the meaning given by section 515.

sch s 5 def unattended sub 2013 No. 4 s 12

under, for a law or a provision of a law, includes—

(a)by; and

(b)for the purposes of; and

(c)in accordance with; and

(d)within the meaning of.

sch s 5 def under sub 2013 No. 4 s 12

unincorporated body includes an unincorporated local government authority, but does not include an unincorporated partnership.

sch s 5 def unincorporated body ins 2016 No. 65 s 7 (2)

unincorporated local government authority means a local government authority that is not a body corporate.

sch s 5 def unincorporated local government authority sub 2013 No. 4 s 12

unload ...

sch s 5 def unload om 2013 No. 4 s 12

unload and unloader—

A person unloads goods in a heavy vehicle, and is an unloader of goods in a heavy vehicle, if the person is a person who—

(a)unloads from the vehicle, or any container that is in or part of the vehicle, goods that have been transported by road; or

(b)unloads from the vehicle a freight container, whether or not it contains goods, that has been transported by road.

sch s 5 def unload and unloader ins 2013 No. 4 s 12

unloader ...

sch s 5 def unloader om 2013 No. 4 s 12

unregistered heavy vehicle means a heavy vehicle that is not registered.

sch s 5 def unregistered heavy vehicle sub 2013 No. 4 s 12

unregistered heavy vehicle permit means a permit granted or issued under an Australian road law authorising the use of an unregistered heavy vehicle on a road.

sch s 5 def unregistered heavy vehicle permit sub 2013 No. 4 s 12; 2018 No. 10 s 14 (1)–(2)

use, a heavy vehicle on a road, includes standing the vehicle on the road.

sch s 5 def use sub 2013 No. 4 s 12

vehicle condition has the meaning given by section 154.

sch s 5 def vehicle condition sub 2013 No. 4 s 12

vehicle defect notice means a major defect notice, minor defect notice or self-clearing defect notice.

sch s 5 def vehicle defect notice sub 2013 No. 4 s 12; 2019 No. 29 s 7

vehicle identifier, for the purposes of Division 6 of Part 9.3, has the meaning given by section 525.

sch s 5 def vehicle identifier ins 2015 No. 12 s 4 (16)

vehicle register ...

sch s 5 def vehicle register sub 2013 No. 4 s 12

om 2018 No. 10 s 14 (1)

vehicle registration duty ...

sch s 5 def vehicle registration duty sub 2013 No. 4 s 12

om 2018 No. 10 s 14 (1)

vehicle registration duty legislation ...

sch s 5 def vehicle registration duty legislation ins 2013 No. 4 s 12

om 2018 No. 10 s 14 (1)

vehicle standards exemption means—

(a)vehicle standards exemption (notice); or

(b)vehicle standards exemption (permit).

sch s 5 def vehicle standards exemption sub 2013 No. 4 s 12

vehicle standards exemption (notice) has the meaning given by section 61(2).

sch s 5 def vehicle standards exemption (notice) sub 2013 No. 4 s 12

vehicle standards exemption (permit) has the meaning given by section 68(2).

sch s 5 def vehicle standards exemption (permit) sub 2013 No. 4 s 12

VIN (vehicle identification number), for a heavy vehicle, means—

(a)for a heavy vehicle built before 1 January 1989 that has an identification plate, the number quoted on the vehicle’s identification plate that—

(i)uniquely identifies the vehicle and sets it apart from similar vehicles; and

(ii)corresponds to the identification number of the vehicle that is permanently recorded elsewhere on the vehicle; or

(b)for a heavy vehicle built on or after 1 January 1989 that was given an approval under the Motor Vehicle Standards Act 1989 or is given an approval under the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 of the Commonwealth, the unique vehicle identification number assigned to the vehicle—

(i)at the time the vehicle was manufactured, in accordance with a third edition ADR; or

(ii)by the department of government of the Commonwealth in which the Motor Vehicle Standards Act 1989 was previously administered; or

(c)otherwise, the unique number assigned to the heavy vehicle—

(i)at the time the vehicle was manufactured, in accordance with an ADR that is a national road vehicle standard under section 12 of the Road Vehicle Standards Act 2018; or

(ii)by the department of government of the Commonwealth in which the Road Vehicle Standards Act 2018 is administered.

sch s 5 def VIN sub 2013 No. 4 s 12; 2019 No. 29 s 4

work, in relation to a fatigue-regulated heavy vehicle, has the meaning given by section 221.

sch s 5 def work sub 2013 No. 4 s 12

work and rest change, for the purposes of Chapter 6, has the meaning given by section 221.

sch s 5 def work and rest change sub 2013 No. 4 s 12

work and rest hours exemption means—

(a)a work and rest hours exemption (notice); or

(b)a work and rest hours exemption (permit).

sch s 5 def work and rest hours exemption sub 2013 No. 4 s 12

work and rest hours exemption (notice) has the meaning given by section 266(2).

sch s 5 def work and rest hours exemption (notice) sub 2013 No. 4 s 12

work and rest hours exemption (permit) has the meaning given by section 273(2).

sch s 5 def work and rest hours exemption (permit) sub 2013 No. 4 s 12

work and rest hours option, for the purposes of Chapter 6, has the meaning given by section 243.

sch s 5 def work and rest hours option sub 2013 No. 4 s 12

work diary, for the purposes of Chapter 6, has the meaning given by section 221.

sch s 5 def work diary sub 2013 No. 4 s 12

work diary exemption means—

(a)a work diary exemption (notice); or

(b)a work diary exemption (permit).

sch s 5 def work diary exemption sub 2013 No. 4 s 12

work diary exemption (notice) has the meaning given by section 357(2).

sch s 5 def work diary exemption (notice) sub 2013 No. 4 s 12

work diary exemption (permit) has the meaning given by section 363(2).

sch s 5 def work diary exemption (permit) sub 2013 No. 4 s 12

work record, for the purposes of Chapter 6, has the meaning given by section 221.

sch s 5 def work record sub 2013 No. 4 s 12

work time, for the purposes of Chapter 6, has the meaning given by section 221.

sch s 5 def work time sub 2013 No. 4 s 12

wrecked ...

sch s 5 def wrecked sub 2013 No. 4 s 12

om 2018 No. 10 s 14 (1)

written-off ...

sch s 5 def written-off sub 2013 No. 4 s 12

om 2018 No. 10 s 14 (1)

written work diary, for the purposes of Chapter 6, has the meaning given by section 221.

sch s 5 def written work diary sub 2013 No. 4 s 12