Road Transport Charges (Australian Capital Territory) Act 1993

Act No. 10 of 1993 as amended

This compilation was prepared on 1 July 2000
taking into account amendments up to Act No. 42 of 2000

The text of any of those amendments not in force
on that date is appended in the Notes section

Prepared by the Office of Legislative Drafting,
AttorneyGeneral’s Department, Canberra

 

 

 

Contents

1 Short title [see Note 1]...........................

2 Obligations of the Government of the Australian Capital Territory.

3 Section 2 is not to affect powers of ACT Government to do certain things             

4 Alteration of amounts specified in the Schedule............

5 Regulations..................................

Schedule

Part 1—Interpretation

Part 2—Annual registration charges

1 Load carrying vehicles...........................

2 Load carrying trailer, converter dolly and low loader dolly......

3 Buses.....................................

4 Special purpose vehicles..........................

5 Vehicles in 2 or more categories......................

Part 3—Charges for the grant of certain permits

Notes 

An Act relating to road transport charges

  This Act may be cited as the Road Transport Charges (Australian Capital Territory) Act 1993.

Registration charges

 (1) The Government of the Australian Capital Territory must determine charges for the grant of annual registrations of vehicles of a kind mentioned in Part 2 of the Schedule in accordance with that Part if:

 (a) the Road Transport Charges (Australian Capital Territory) Amendment Act 2000 commenced on or before 1 July 2000 and the registrations are granted on or after 1 July 2000; or

 (b) that Act commenced after 1 July 2000 and the registrations are granted after that Act commenced.

Permit charges

 (2) The Government of the Australian Capital Territory must also determine charges for the grant of permits in circumstances set out in Part 3 of the Schedule in accordance with that Part if:

 (a) the Road Transport Charges (Australian Capital Territory) Amendment Act 2000 commenced on or before 1 July 2000 and the permits are granted on or after 1 July 2000; or

 (b) that Act commenced after 1 July 2000 and the permits are granted after that Act commenced.

  Nothing in section 2 affects the power of the Government of the Australian Capital Territory to:

 (a) charge fees in respect of the registration of vehicles or the inspection of vehicles for the purpose of registration; or

 (b) make rebates of registration charges for particular classes of vehicles or road users; or

 (c) charge pro rata amounts for registrations that are for less than a whole year; or

 (d) make refunds in respect of the surrender of the registration of a vehicle; or

 (e) charge other administrative fees in respect of matters relating to vehicles.

  The regulations may alter the amounts specified in the Schedule in relation to a year, but any alteration in relation to a year must not increase or decrease the amounts applicable to the previous year by more than 5%.

  The GovernorGeneral may make regulations prescribing matters:

 (a) required or permitted to be prescribed by this Act; or

 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Schedule 

Sections 2 and 4

  In this Schedule:

articulated bus means a bus consisting of more than one rigid section with passenger access between the sections and the sections connected to one another so as to allow rotary movement between the sections.

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

axle group means a single axle group, tandem axle group, twinsteer axle group, triaxle group or quadaxle group.

bus means a motor vehicle, built mainly to carry people, that seats more than 9 adults (including the driver).

bus (type 1) means a rigid bus that has 2 axles and an MRC not exceeding 12 tonnes.

bus (type 2) means:

 (a) a rigid bus that has 2 axles and an MRC exceeding 12 tonnes; or

 (b) a rigid bus that has 3 axles or 4 axles.

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

converter dolly means a trailer, with one axle group or single axle and a fifth wheel coupling, designed to convert a semi trailer into a dog trailer.

dog trailer means a trailer (including a trailer consisting of a semi trailer and converter dolly) with:

 (a) one axle group or single axle at the front that is steered by connection to the towing vehicle by a drawbar; and

 (b) one axle group or single axle at the rear.

drawbar means a part of a trailer (other than a semi trailer) that connects the trailer body to a coupling for towing purposes.

driver means the person driving or in control of a motor vehicle.

fifth wheel coupling means a device, other than the upper rotating element and the kingpin (which are parts of a semi trailer), used with a prime mover, semi trailer or a converter dolly to permit quick coupling and uncoupling and to provide for articulation.

indivisible load means a load comprising one item or a number of similar items that cannot, without disproportionate effort, expense or risk of damage, be divided into 2 or more smaller loads for the purpose of transport.

load carrying trailer means a trailer that is carrying a load or that is built to carry a load.

load carrying vehicle means a vehicle designed and constructed to haul or carry goods and wares in addition to any fuel, water, lubricants, tools and any other equipment or accessories necessary for normal operation of the vehicle.

loaded mass, in relation to a vehicle, means the sum of the mass of the vehicle and the mass of the load on the vehicle that is imposed on the surface on which the vehicle is standing or running.

long combination prime mover means a prime mover nominated to haul 2 or more trailers, but does not include a medium combination prime mover.

long combination truck means a truck nominated to haul 2 or more trailers.

low loader means a gooseneck semi trailer with a loading deck no more than 1 metre above the ground.

low loader dolly means a massdistributing device that:

 (a) is usually coupled between a prime mover and low loader; and

 (b) consists of a gooseneck rigid frame; and

 (c) does not directly carry any load on itself; and

 (d) is equipped with one or more axles, a kingpin and a fifth wheel coupling.

medium combination prime mover means a prime mover nominated to haul 2 semi trailers where the second semi trailer is mounted on the rear of the semi trailer being hauled by the prime mover (a Bdouble).

medium combination truck means a truck, other than a short combination truck, nominated to haul one trailer.

MRC (Mass Rating for Charging), in relation to a vehicle, means:

 (a) the maximum mass of the vehicle, including any load, recorded on the compliance plate as the GVM, GTMR or ATM of the vehicle; or

 (b)  in relation to a vehicle for which there is no compliance plateits operating mass.

nominated means nominated by the person applying for registration.

operating mass, in relation to a vehicle, means the maximum mass of the vehicle, including any load, as determined by the Registration Authority having regard to the design and construction of the vehicle or of any of its components.

pig trailer means a trailer with one axle group or single axle near the middle of its loadcarrying surface, and connected to the towing vehicle by a drawbar.

pole type trailer means a trailer that:

 (a) is attached to a towing vehicle by means of 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 are generally capable of supporting themselves like beams between supports.

prime mover means a motor vehicle designed to haul a semi trailer.

quadaxle group means a group of 4 axles, in which the horizontal distance between the centrelines of the outermost axles is more than 3.2 metres but not more than 4.9 metres.

Registration Authority means the authority that is responsible for registering vehicles.

road means an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles.

road related area means:

 (a) an area that divides a road; or

 (b) a footpath or nature strip adjacent to a road; or

 (c) an area that is open to the public and is designated for use by cyclists or animals; or

 (d) an area that is not a road and that is open to or used by the public for driving, riding or parking motor vehicles; or

 (e) any shoulder of a road; or

 (f) an area that is a road related area for the purposes of the Road Transport (General) Act 1999 of the Australian Capital Territory.

semi trailer means a trailer (including a pole type trailer) that has:

 (a) one axle group or single axle towards the rear; and

 (b) a means of attachment to a prime mover that results in some of the load being imposed on the prime mover.

short combination prime mover means a prime mover nominated to haul one semi trailer.

short combination truck means a truck nominated to haul one trailer where, according to the nomination:

 (a) the combination has 6 axles or fewer; and

 (b) the maximum total mass that is legally allowable for the combination is 42.5 tonnes or less.

single axle means an axle not forming part of an axle group.

single axle group means a group of 2 or more axles, in which the horizontal distance between the centrelines of the outermost axles is less than 1 metre.

special purpose vehicle means:

 (a) a vehicle (other than one that the regulations declare not to be a special purpose vehicle for the purposes of this definition) where the primary purpose for which it was built, or permanently modified, was not the carriage of goods or passengers; or

 (b) a vehicle declared by the regulations to be a special purpose vehicle for the purposes of this definition.

Note: The second last sentence of this Part contains an interpretation provision affecting this definition.

special purpose vehicle (type o) means a special purpose vehicle (other than a special purpose vehicle (type p)):

 (a) built, or permanently modified, primarily for use on roads; and

 (b) that has at least one axle or axle group loaded in excess of the mass limits specified in the regulations for the purposes of this definition.

Note: Some possible examples of this kind of vehicle are mobile cranes, fire engines, truckmounted concrete pumps and boring plants. These may also fall within the definition of special purpose vehicle (type t) if they have no axle or axle group loaded in excess of the mass limits specified in the regulations for the purposes of that definition.

special purpose vehicle (type p) means a special purpose vehicle built, or permanently modified, primarily for:

 (a) offroad use; or

 (b) use on a road related area; or

 (c) use on an area of road that is under construction or repair.

Note: Some examples of this kind of vehicle are agricultural tractors, selfpropelled agricultural harvesters, bulldozers, backhoes, graders and frontend loaders.

special purpose vehicle (type t) means a special purpose vehicle (other than a special purpose vehicle (type p)):

 (a) built, or permanently modified, primarily for use on roads; and

 (b) that has no axle or axle group loaded in excess of the mass limits specified in the regulations for the purposes of this definition.

Note: Some possible examples of this kind of vehicle are mobile cranes, fire engines, truckmounted concrete pumps and boring plants. These may also fall within the definition of special purpose vehicle (type o) if they have at least one axle or axle group loaded in excess of the mass limits specified in the regulations for the purposes of that definition.

tandem axle group means a group of at least 2 axles, in which the horizontal distance between the centrelines of the outermost axles is at least 1 metre but not more than 2 metres.

trailer means a vehicle that is built to be towed, or is towed, by a motor vehicle, but does not include a motor vehicle that is being towed.

triaxle group means a group of at least 3 axles, in which the horizontal distance between the centrelines of the outermost axles is more than 2 metres, but not more than 3.2 metres.

truck means a rigid motor vehicle that is principally constructed as a load carrying vehicle.

truck (type 1) means a truck that:

 (a) has 2 axles and an MRC not exceeding 12 tonnes; or

 (b) has 3 axles and an MRC not exceeding 16.5 tonnes; or

 (c) has 4 or more axles and an MRC not exceeding 20 tonnes.

truck (type 2) means:

 (a) a truck that has 2 axles and an MRC exceeding 12 tonnes; or

 (b) a truck that has 3 axles and an MRC exceeding 16.5 tonnes; or

 (c) a truck that has 4 or more axles and an MRC exceeding 20 tonnes.

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 centrelines of which is at least 1 metre, but not more than 2 metres.

  For the purposes of this Schedule (other than the definitions of single axle group, tandem axle group, twinsteer axle group, triaxle group and quadaxle group):

 (a) 2 axles not more than one metre apart are to be regarded as one axle; and

 (b) 3 axles not more than 2 metres apart are to be regarded as 2 axles; and

 (c) 4 axles not more than 3.2 metres apart are to be regarded as 3 axles.

  For the purposes of determining the number of trailers that a prime mover or truck may tow:

 (a) a converter dolly and a semi trailer when used together are to be regarded as one trailer; and

 (b) a low loader dolly and a low loader when used together are to be regarded as one trailer.

  In paragraph (a) of the definition of special purpose vehicle:

goods does not include fuel, water, lubricants, tools and any other equipment or accessories necessary for the normal operation of the vehicle.

Note: For example, in the case of a crane, goods would not include any chains on the crane necessary to operate the crane.

passengers does not include the driver, a trainee driver or any person necessary for the normal operation of the vehicle.

  Nothing in this Schedule applies to a vehicle with an MRC less than or equal to 4.5 tonnes.

 

 


 

 

Load carrying vehicles

 

Vehicle Type

2axle

3axle

4axle

5axle

1

Truck (type 1)

$300

$600

$900

$900

2

Truck (type 2)

$500

$800

$2,000

$2,000

3

Short combination truck

$550

$2,000

$2,000

$2,000

4

Medium combination truck

$3,800

$3,800

$4,100

$4,100

5

Long combination truck

$5,250

$5,250

$5,250

$5,250

6

Short combination prime mover

$1,300

$3,400

$4,400

$4,400

7

Medium combination prime mover

$4,000

$5,000

$5,500

$5,500

8

Long combination prime mover

$5,000

$5,000

$5,500

$5,500

  The amount of the charge applicable to a load carrying trailer, a converter dolly or a low loader dolly is worked out using the formula:

 

Buses

Item

Bus Type

2axle

3axle

4axle

1

Bus (type 1)

$300

Not applicable

Not applicable

2

Bus (type 2)

$500

$1,250

$1,250

3

Articulated bus

Not applicable

$500

$500

 

Special purpose vehicles

Item

Special purpose vehicle type

Charge

1

Special purpose vehicle (type p)

No charge

2

Special purpose vehicle (type t)

$200

3

Special purpose vehicle (type o)

The amount calculated using the formula:

  If a vehicle falls within 2 or more categories specified in this Part, the charge for the vehicle is the higher or highest of the charges that could apply to the vehicle.

 


The charge for the grant of a permit to operate a vehicle, or a combination of vehicles with a loaded mass exceeding 125 tonnes and that is carrying an indivisible load is to be worked out using the formula:

where:

K is the number of kilometres involved in the journey; and

N is a number ascertained in accordance with the regulations.

Notes to the Road Transport Charges (Australian Capital Territory) Act 1993

Note 1

The Road Transport Charges (Australian Capital Territory) Act 1993 as shown in this compilation comprises Act No. 10, 1993 amended as indicated in the Tables below.

For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Road Transport Charges (Australian Capital Territory) Act 1993

10, 1993

27 May 1993

24 June 1993

 

Road Transport Charges (Australian Capital Territory) Amendment Act 2000

42, 2000

3 May 2000

1 July 2000 (see Gazette 2000, No. S303)

Sch. 1 (item 42)

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

 

S. 2....................

rs. No. 42, 2000

Schedule................

am. No. 42, 2000

 

 

 

 

 

Table A

Application, saving or transitional provisions

Road Transport Charges (Australian Capital Territory) Amendment Act 2000 (No. 42, 2000)

Schedule 1

42  Amendments not to affect requirement to determine certain charges

The amendments made by this Act do not affect the requirement for the Government of the Australian Capital Territory to determine:

 (a) if this Act commences on or before 1 July 2000—charges for the grant of annual registrations, or of permits, taking place before 1 July 2000; or

 (b) if this Act commences after 1 July 2000—charges for the grant of annual registrations, or of permits, taking place before this Act commences.

 

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