Select Legislative Instrument 2006 No. 24
I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the National Transport Commission Act 2003.
Dated 15 February 2006
P. M. JEFFERY
Governor-General
By His Excellency’s Command
JAMES ERIC LLOYD
1 Name of Regulations
These Regulations are the National Transport Commission (Road Transport Legislation — Heavy Vehicle Standards Regulations) Amendment Regulations 2006 (No. 1).
2 Commencement
These Regulations commence on the day after they are registered.
3 Road transport legislation — heavy vehicle standards
For section 7 of the National Transport Commission Act 2003 (the NTC Act), Schedule 1 sets out road transport legislation, in the form of amending Regulations, about heavy vehicle standards.
Note 1 The road transport legislation set out in Schedule 1 does not have the force of law (see paragraph 7 (2) (a) of the NTC Act).
Note 2 These Regulations must be made in accordance with the Agreement (see subparagraph 3 (b) (ii) of the NTC Act).
Note 3 These Regulations are not subject to disallowance — see the Legislative Instruments Act 2003, subsection 44 (2) (table, item 44) and the Legislative Instruments Regulations 2004, regulation 8 and Schedule 2 item 7.
Note 4 These Regulations are not subject to sunsetting — see the Legislative Instruments Act 2003, subsection 54 (2) (table, item 51) and the Legislative Instruments Regulations 2004, regulation 9 and Schedule 3 item 4.
Note 5 The text set out in Schedule 1 is that of the proposed Road Transport Reform (Heavy Vehicle Standards) Regulations (Amendment). Those proposed Regulations were drafted in the form of amending Regulations to be made under the Road Transport Reform (Vehicles and Traffic) Act 1993, but were not actually made as Regulations. In that form, they were approved by the Ministerial Council for Road Transport on 26 May 1997.
4 Amendment of National Transport Commission (Road Transport Legislation — Heavy Vehicle Standards Regulations) Regulations 2006
(1) The Schedule that forms part of the text set out in Schedule 1 to the National Transport Commission (Road Transport Legislation — Heavy Vehicle Standards Regulations) Regulations 2006 is amended as follows:
(a) clause 1.4: before “If a third”, insert “(1)”;
(b) clause 2.15: before “Transparent”, insert “(1)”;
(c) clause 6.12: before “A prime mover”, insert “(1)”;
(d) paragraph 7.24 (2) (b): omit “compartment.”, insert “compartment; and”.
(2) Schedule 1 amends that text, as amended by subregulation (1), as if a reference in Schedule 1 to a provision of the Road Transport Reform (Heavy Vehicle Standards) Regulations were a reference to the corresponding provision in that text.
Note The definitions to be inserted in clause 10.6 of the Schedule that forms part of the text set out in Schedule 1 to the National Transport Commission (Road Transport Legislation — Heavy Vehicle Standards Regulations) Regulations 2006 are to be taken as inserted in the appropriate alphabetical places, determined on a letter-by-letter basis — see the Acts Interpretation Act 1901, section 14A, and the Legislative Instruments Act 2003, paragraph 13 (1) (a).
Schedule 1 Text of the proposed Road Transport Reform (Heavy Vehicle Standards) Regulations (Amendment)
(regulation 3)
1. Commencement
1.1 These Regulations commence on a day or days specified, by the Commonwealth Minister for the time being administering the Act, by notice in the Commonwealth of Australia Gazette.
2. Amendment
2.1 The Road Transport Reform (Heavy Vehicle Standards) Regulations are amended as set out in these Regulations.
3. Regulation 3 (Purpose)
3.1 Paragraph 3 (1) (a):
Omit the paragraph, substitute:
(a) to promote, throughout the life of vehicles, their safe use and efficiency, and to promote protection of the environment; and
4. Regulation 5 (Application of Heavy Vehicle Standards)
4.1 Subregulations 5 (2), (3), (4) and (5):
Omit the subregulations, substitute:
(2) This regulation is subject to the exceptions mentioned in regulation 5A.
5. New regulation 5A
5.1 After regulation 5, insert:
5A Exceptions to application of Heavy Vehicle Standards
(1) A requirement of the Heavy Vehicle Standards does not apply to a vehicle, or combination of vehicles, used only on a railway or tramway.
(2) A requirement in Parts 2 to 9 (inclusive) of the Heavy Vehicle Standards does not apply to a vehicle if:
(a) the requirement is inconsistent with a requirement of a second or third edition ADR applying to the vehicle; and
(b) the vehicle complies with the requirement mentioned in paragraph (a).
(3) A requirement in Parts 2 to 9 (inclusive) of the Heavy Vehicle Standards does not apply to a vehicle if:
(a) the vehicle does not comply with a requirement of an ADR; and
(b) despite the non-compliance, approval has been given, under section 10 of the Motor Vehicle Standards Act 1989, to place identification plates on vehicles of that type; and
(c) the vehicle complies with the approval conditions (if any); and
(d) the requirement of the Heavy Vehicle Standards corresponds to the requirement of the ADR.
6. Regulation 6 (Vehicles and combinations to be properly maintained)
6.1 Subregulation 6 (2):
Omit the subregulation, substitute:
(2) A vehicle or combination of vehicles must be maintained in a condition that ensures that each of its emissions control systems remains fitted, and continues operating, essentially in accordance with the system’s original design.
6.2 Paragraph 6 (3) (d):
Omit the paragraph, substitute:
(d) its driver’s view of the road; and
(e) its exhaust system; and
(f) its fuel system.
7. Regulation 7 (Exemption from Heavy Vehicle Standards)
7.1 Paragraphs 7 (1) (b), (c) and (d):
Omit the paragraphs, substitute:
(b) the vehicle is an experimental vehicle, or prototype or other vehicle, that could not reasonably be expected to comply with the requirement; or
(c) the vehicle:
(i) was registered, or authorised to be driven or towed on a road, in Australia before this regulation commenced; and
(ii) was not required to comply with a requirement similar to the requirement from which the vehicle is being exempted.
8. Regulation 10 (Failure of a combination of vehicles to comply with Heavy Vehicle Standards)
8.1 Subregulation 10 (1):
Omit “combination of vehicles”, substitute “combination of vehicles taken as a whole”.
9. New regulations 12, 13 and 14
9.1 After regulation 11, insert:
12 Failure to comply with certain exemptions
An exemption given under any Regulations made under the Act is to be disregarded in the prosecution of a person for an offence against these Regulations if:
(a) the offence relates to the failure of a vehicle or combination of vehicles to comply with a dimension limit applying under these Regulations; and
(b) the exemption permitted a greater dimension limit, but, at the time of the alleged offence, the vehicle or combination of vehicles was travelling:
(i) on a route other than a route where the vehicle or combination was permitted to travel under the exemption; or
(ii) at a time other than a time when the vehicle was permitted to travel under the exemption; or
(iii) accompanied by fewer than the number of pilot or escort vehicles required under the exemption.
13 Application of Criminal Code
Chapter 2 of the Criminal Code applies to an offence against these Regulations as if the Code were in operation in this jurisdiction.
14 Prescribed persons — delegation
For section 18 of the Act, the following persons are prescribed:
(a) each Commonwealth, State or Territory public authority;
(b) each officer or employee of:
(i) the Commonwealth or a State or Territory; or
(ii) each Commonwealth, State or Territory public authority;
(c) person holding an office established under a Commonwealth, State or Territory law.
10. Schedule
10.1 Heading:
Substitute:
Schedule Heavy vehicle standards
10.2 Subclause 1.3 (1):
Omit the subclause, substitute:
(1) A vehicle need not comply with an ADR if:
(a) despite non-compliance with the ADR, approval has been given, under subsection 10A (2) or 10A (3) of the Motor Vehicle Standards Act 1989, to place identification plates on vehicles of that type; and
(b) the vehicle complies with the approval conditions (if any).
Note Section 10A of the Motor Vehicle Standards Act 1989 deals with the attachment of identification plates to vehicles. Subsection 10A (2) deals with vehicles that do not comply with an ADR, but the non-compliance is only in minor and inconsequential respects. Subsection 10A (3) deals with vehicles that do not comply with an ADR, and the non-compliance is not minor and inconsequential, but the vehicle will be safe to use if specified conditions are observed.
10.3 Subclauses 1.3 (2) and (3):
Omit “In spite of clauses 1.1 and 1.2, the”, substitute “The”.
10.4 Clause 1.3:
Add at the end:
(4) A vehicle to which subclause 5.38 (3) applies need not comply with any requirements of a third edition ADR that would prevent it displaying lights or reflectors mentioned in subclause 5.38 (3).
(5) A vehicle to which subclause 5.38 (4) applies need not comply with any requirements of a third edition ADR that would prevent it displaying the lights permitted by the subclause.
10.5 Clause 1.4:
Add at the end:
(2) If a third edition ADR contains a requirement for equipment fitted to a vehicle manufactured on or after a specified date, any equipment of that kind fitted to the vehicle after manufacture of the vehicle must comply with:
(a) the requirement as in force when the vehicle was manufactured; or
(b) if the requirement is amended in the period after the manufacture of the vehicle and before the fitting of the equipment — the requirement as in force:
(i) when the vehicle was manufactured; or
(ii) when the equipment was fitted; or
(iii) at any time between manufacture and the fitting of the equipment.
10.6 New clause 1.5:
After clause 1.4, insert:
1.5 Compliance with later editions of standards
A vehicle need not comply with an edition of an ADR, or an Australian Standard or a British Standard, mentioned in this Schedule if the vehicle complies with a later edition of the ADR or a later standard.
10.7 Subclause 2.1 (1):
Omit the subclause, substitute:
(1) The centre of at least 1 steering control of a motor vehicle must be to the right of, or in line with, the centre of the vehicle.
10.8 Subclauses 2.4 (1) and (2):
Omit the subclauses, substitute:
(1) An object fitted to a vehicle must be designed, built and fitted to the vehicle in a way that minimises the likelihood of injury to a person making contact with the vehicle.
(2) Subclause (1) does not apply to an object fitted to a vehicle if:
(a) the vehicle was designed before 1 January 1965 and the object was part of the design; or
(b) the object was fitted to the vehicle before 1 January 1965 in accordance with the law of the place where the object was fitted.
10.9 Subclause 2.5 (3):
Omit the subclause.
10.10 Clause 2.7:
Heading:
Omit the heading, substitute:
2.7 Mudguards and spray suppression
10.11 Paragraph 2.7 (1) (b):
Omit “for all axle groups or single axles of the vehicle”, substitute “for each axle group and single axle”.
10.12 Paragraph 2.7 (2) (b):
Omit the paragraph, substitute:
(b) the body or part of the body of the vehicle acts as a mudguard.
10.13 Subclauses 2.8 (2) and (3):
Omit the subclauses, substitute:
(2) A motor vehicle must not have fitted to it a device capable of producing a sound resembling the sound of a siren, bell, exhaust whistle, compression whistle or repeater horn.
(3) Subclause (2) does not apply to:
(a) an emergency or police vehicle; or
(b) a motor vehicle that is 25 or more years old and is fitted as an emergency or police vehicle if the vehicle:
(i) is used for exhibition purposes; or
(ii) is part of a collection of vehicles that were formerly emergency or police vehicles; or
(c) an anti-theft alarm if the alarm cannot be operated while the vehicle’s ignition is on.
10.14 Subclause 2.9 (5):
Omit the subclause, substitute:
(5) One mirror on the right side of the vehicle must have:
(a) a reflecting surface of at least 150 square centimetres; and
(b) a flat reflecting surface, if:
(i) the vehicle has only 1 steering control; and
(ii) the centre of the steering control is to the right of, or in line with, the centre of the motor vehicle.
10.15 Clause 2.12:
Omit the clause, substitute:
2.12 Bonnet securing devices
(1) A motor vehicle with a moveable body panel forward of the windscreen, and covering an engine, luggage, storage or battery compartment, must be provided with a device to secure the panel.
(2) However, if the panel opens from the front in a way that partly or completely obstructs the driver’s forward view through the windscreen, the panel must be provided with both primary and secondary devices to secure the panel.
10.16 Clause 2.15 (1):
Add at the end:
(2) In subclause (1):
transparent material does not include any coating added to the windscreen, window or partition after its manufacture.
10.17 Paragraph 2.16 (1) (b):
Omit the paragraph, substitute:
(b) for glazing to which a coating or film has been added — a reflectance of more than 10%.
10.18 After subclause 2.18 (5), insert:
(6) A tyre that is retreaded before the commencement of this subclause must not be used on a vehicle if:
(a) an Australian Standard mentioned in Part 1 of the table applies to the tyre; and
(b) the tyre was retreaded after the issue of the standard; and
(c) the tyre was not retreaded in accordance with an Australian Standard mentioned in Part 1 or 2 of the table.
(7) A tyre retreaded after the commencement of this subclause must not be used on a vehicle if:
(a) an Australian Standard mentioned in Part 2 of the table applies to the tyre; and
(b) the tyre was not retreaded in accordance with the standard.
Table Australian Standards for tyre retreading |
Part 1 |
Australian Standard AS 1973 – 1976, Retreaded Pneumatic Passenger Car and Light Truck Tyres |
Australian Standard AS 1973 – 1985, Retreaded Pneumatic Passenger and Light Truck Tyres |
Part 2 |
Australian Standard AS 1973 – 1993, Pneumatic Tyres — Passenger Car, Light Truck and Truck/Bus — Retreading and Repair Processes |
Note Australian Standard AS 1973 requires various markings on retreaded tyres. These may include a speed rating less than the rating originally marked on the tyre.
10.19 Clause 3.3:
Omit the clause, substitute:
3.3 Warning signs for combinations of vehicles more than 22 metres long
(1) A combination of vehicles more than 30 metres long must display ‘ROAD TRAIN’ warning signs complying with this clause and clause 3.5.
(2) A combination of vehicles more than 22 metres, but not more than 30 metres, long must display a ‘LONG VEHICLE’ warning sign (or, for a road train, ‘ROAD TRAIN’ warning signs) complying with this clause and clause 3.5.
(3) Subclauses (1) and (2) do not apply to the extent that they are inconsistent with the conditions set out in a notice or permit issued under the Act.
(4) The words on a ‘ROAD TRAIN’ or ‘LONG VEHICLE’ warning sign must be in black upper case letters at least 180 millimetres high in typeface Series B (N) and complying with Australian Standard AS 1744 Forms of Letters and Numerals for Road Signs.
(5) If a ‘ROAD TRAIN’ or ‘LONG VEHICLE’ warning sign is in 2 pieces, a single word of the expression must appear on one piece and the other word on the other piece.
(6) ‘ROAD TRAIN’ warning signs must be displayed in pairs and fitted horizontally, one at the front and the other at the rear, of the combination of vehicles.
(7) A ‘LONG VEHICLE’ warning sign must be fitted horizontally to the rear of the combination of vehicles.
10.20 Clause 3.4:
Omit the clause, substitute:
3.4 When warning signs not to be displayed
A ‘ROAD TRAIN’ warning sign or a ‘LONG VEHICLE’ warning sign must not be displayed on a vehicle unless it is a vehicle to which clause 3.3 applies.
10.21 New clause 3.6:
After clause 3.5, insert:
3.6 Left hand drive signs
(1) A motor vehicle with the centre of a steering control to the left of the centre of the vehicle must display the words ‘LEFT HAND DRIVE’ on the rear of the vehicle.
(2) The words must be in letters at least 75 millimetres high, and in a colour that contrasts with the background to the words on the vehicle.
10.22 Subparagraph 4.1 (3) (b) (i):
Add at the end “and”.
10.23 Clause 4.3:
Omit the clause.
10.24 Paragraphs 4.6 (1) (a) and (b):
After “front”, insert “of the trailer”.
10.25 Subclause 4.6 (4):
Omit the subclause, substitute:
(4) In addition to meeting the other requirements of this clause, a trailer built to carry cattle, sheep, pigs or horses must not have more than 12.5 metres of its length available for the carriage of animals.
(5) For subclause (4), the length available for the carriage of animals on a trailer is to be measured from the inside of the front wall or door of the trailer to the inside of the rear wall or door of the trailer, with any intervening partitions being disregarded.
10.26 Paragraph 4.7 (2) (a):
Omit “23 metres”, substitute “25 metres”.
10.27 Paragraph 4.7 (2) (c):
Omit the paragraph, substitute:
(c) a combination of vehicles designed to carry vehicles on more than 1 deck, other than a B-double or road train, must not be more than 23 metres long.
10.28 After subclause 4.7 (2), insert:
(3) In a B-double built to carry cattle, sheep, pigs or horses, the 2 semi-trailers must not have more than 18.8 metres of their combined length available for the carriage of animals.
(4) For subclause (3), the length available for the carriage of animals on a semi-trailer is to be measured from the inside of the front wall or door of the trailer to the inside of the rear wall or door of the trailer, with any intervening partitions being disregarded.
10.29 Subclause 5.23 (4):
Omit the subclause, substitute:
(4) A brake light on a trailer must come on when:
(a) the brake light of the towing vehicle comes on in accordance with subclause (2); and
(b) a brake control on the towing vehicle, which independently activates the service brake on the trailer, is operated.
10.30 Subparagraph 5.38 (2) (b) (iii):
Omit “traffic control signal”, substitute “traffic light”.
10.31 Subclauses 5.38 (3) and (4):
Omit the subclauses, substitute:
(3) Subclause (2) does not apply to:
(a) a police vehicle; or
(b) an emergency vehicle; or
(c) an Australian Protective Service vehicle; or
(d) an Australian Customs Service vehicle; or
(e) an Airservices Australia vehicle.
(4) Also, a vehicle to which this subclause applies may display 1 or more lights that flash and show yellow light.
(5) Subclause (4) applies to:
(a) a vehicle built or fitted for use in hazardous positions on a road; and
(b) a vehicle, or combination of vehicles, whose dimensions exceed the limits fixed under the Road Transport Reform (Oversize and Overmass Vehicles) Regulations and that is required to operate in accordance with a notice or permit issued under those Regulations; and
(c) a vehicle built or fitted to accompany a vehicle, or combination of vehicles, mentioned in paragraph (b); and
(d) a bus fitted with a sign indicating to other road users that the bus carries children.
Note Examples of vehicles to which paragraph (6) (a) refers are tow trucks and motor breakdown service vehicles.
10.32 Paragraph 6.3 (1) (d):
Omit “paragraph 6.10 (3) (b)”, substitute “paragraph 6.10 (3) (a)”.
10.33 After subclause 6.12 (1), insert:
(2) A prime mover used in a B-double must also have an anti-lock braking system complying with ADR 64/00 if the prime mover:
(a) was manufactured on or after 1 January 1990; or
(b) was first used in a B-double on or after 1 January 1994; or
(c) is used in a B-double that includes a road tank vehicle carrying dangerous goods.
10.34 After subclause 6.14 (2), insert:
(3) A semi-trailer, irrespective of its date of manufacture, must have an anti-lock braking system that meets the requirements of ADR 38/01 if:
(a) it is being used in a B-double that includes a road tank vehicle, whether or not the semi-trailer is itself a road tank vehicle; and
(b) the road tank vehicle is carrying dangerous goods.
10.35 Paragraph 6.16 (2) (b):
Omit “road train; and”, substitute “road train.”.
10.36 Subclause 6.20 (1):
After “attached trailer”, insert “(except a trailer carrying wheel chocks in accordance with subclause 6.14 (2))”.
10.37 Part 7:
Omit the heading, substitute:
Part 7 Control of emissions and LPG fuel systems
10.38 New heading:
Before clause 7.1, insert:
Division 1 Control of emissions
10.39 Clause 7.2:
Omit the heading, substitute:
7.2 Visible emissions
10.40 Subclause 7.2 (1):
Omit “exhaust”.
10.41 Subclause 7.2 (2):
Omit “exhaust”, substitute “emission”.
10.42 Clause 7.3:
Omit the clause.
10.43 Subclause 7.4 (1):
Omit “an efficient silencing device”, substitute “a silencing device”.
10.44 After subparagraph 7.4 (2) (b), insert:
; and (c) if the vehicle is fitted with an exhaust system with a vertical outlet pipe that does not direct the main exhaust flow straight up — direct the flow rearwards at an angle within 0° to 45° of the longitudinal centre line of the vehicle; and
(d) if a rain cap is fitted — be installed so that the hinge of the cap makes an angle of 90° (plus or minus 10°) with the longitudinal centre line of the vehicle when viewed from above.
10.45 Omit paragraphs 7.4 (3) (d) and (e), substitute:
(d) no further than the widest perimeter of the vehicle.
10.46 After subclause 7.4 (3), insert:
(3A) The outlet pipe of the exhaust system of a motor vehicle, other than a bus, must:
(a) if the vehicle is fitted, or required under a law in force in this jurisdiction to be fitted, with an exhaust system with a vertical outlet pipe — discharge the main exhaust flow to the air above the horizontal, and at least 150 millimetres above the cab; and
(b) if the vehicle is not fitted, and is not required under a law in force in this jurisdiction to be fitted, with an exhaust system with a vertical outlet pipe — discharge the main exhaust flow to the air:
(i) not above the horizontal; and
(ii) not more than 45° downwards; and
(iii) less than 750 millimetres above the ground; and
(c) in every case — not discharge the main exhaust flow to the left.
10.47 Paragraphs 7.4 (4) (b) and (c):
Omit the paragraphs, substitute:
(b) if the bus is fitted, or required under a law in force in this jurisdiction to be fitted, with an exhaust system with a vertical outlet pipe—discharge the main exhaust flow to the air upwards, or rearwards at an angle above the horizontal, and behind the passenger compartment; and
(c) if the bus is not fitted, and is not required under a law in force in this jurisdiction to be fitted, with an exhaust system with a vertical outlet pipe—discharge the main exhaust flow to the air:
(i) rearwards or to the right of the vehicle; and
(ii) horizontally or not more than 45° downwards; and
(d) extend no further than the widest perimeter of the bus.
10.48 New clause 7.5 and Division 2 of Part 7:
After clause 7.4, insert:
7.5 Stationary noise level limits
(1) The exhaust noise level of a stationary motor vehicle may be measured in accordance with the test method specified in the Roadworthiness Guidelines approved by the Ministerial Council for Road Transport and in force immediately before the commencement of this clause.
(2) If the exhaust noise level of a stationary motor vehicle is measured in accordance with the test method mentioned in subclause (1), the exhaust noise level must not exceed the noise level limit applying to the vehicle under the table.
Note The Roadworthiness Guidelines are published by, and may be obtained from, the National Road Transport Commission.
Table Noise level limits
Engine type | GVM (t) | Exhaust height (mm) | Date vehicle built | Noise level limit (dB (A)) |
Spark ignition | >4.5 | <1 500 | before 1 July 1983 | 98 |
on or after 1 July 1983 | 95 | |||
1 500 | before 1 July 1983 | 94 | ||
on or after 1 July 1983 | 91 | |||
Diesel | >4.5 but ≤12 | <1 500 | before 1 July 1980 | 107 |
on or after 1 July 1980 but before 1 July 1983 | 104 | |||
on or after 1 July 1983 | 101 | |||
>12 | <1 500 | before 1 July 1980 | 109 | |
on or after 1 July 1980 but before 1 July 1983 | 106 | |||
on or after 1 July 1983 | 103 | |||
>4.5 but ≤12 | 1 500 | before 1 July 1980 | 103 | |
on or after 1 July 1980 but before 1 July 1983 | 100 | |||
on or after 1 July 1983 | 97 | |||
>12 | 1 500 | before 1 July 1980 | 105 | |
on or after 1 July 1980 but before 1 July 1983 | 102 | |||
on or after 1 July 1983 | 99 |
Division 2 LPG fuel systems
7.6 LPG-powered vehicles
(1) A motor vehicle equipped to run on LPG must comply with the edition of Australian Standard AS 1425 (which relates to use of LPG in vehicles) that was current when the vehicle was first equipped to run on LPG.
(2) A vehicle equipped to run on LPG must have fixed conspicuously to the front and rear vehicle number plates a label that is:
(a) made of durable material; and
(b) at least 25 millimetres wide; and
(c) at least 25 millimetres high; and
(d) reflective red conforming to Australian Standard AS 1742 – 1975, Manual of Uniform Traffic Control Devices, Appendix C, Class 2; and
(e) marked ‘LP GAS’ or ‘LPG’, or marked with words or acronyms to similar effect, in upper case letters at least 6 millimetres high.
10.49 Paragraph 8.2 (2) (b):
Omit “forestry and mining”, substitute “forestry, fishing and mining”.
10.50 Subclauses 9.5 (1) and (2):
Omit the subclauses, substitute:
(1) A fifth wheel coupling used in a B-double must have a D-value complying with Australian Standard AS 1773 – 1990, Articulated Vehicles — Fifth Wheel Assemblies.
(2) A turntable used in a B-double must have a D-value complying with Australian Standard AS 1773 – 1990, Articulated Vehicles — Fifth Wheel Assemblies.
10.51 Paragraph 9.5 (4) (b):
Omit “paragraphs 9.7 (1) (a) and (b)”, substitute “clause 9.7”.
10.52 Subclauses 9.6 (1) and (2):
Omit the subclauses, substitute:
(1) A fifth wheel coupling used in a road train must have a D-value complying with Australian Standard AS 1773 – 1990, Articulated Vehicles — Fifth Wheel Assemblies.
(2) A turntable used in a road train must have a D-value complying with Australian Standard AS 1773 – 1990, Articulated Vehicles — Fifth Wheel Assemblies.
10.53 Clause 9.7:
Omit the clause, substitute:
9.7 Deciding the D-value of fifth wheel couplings
In testing a fifth wheel coupling built for a 75 millimetre kingpin used in a B-double or road train to decide whether its D-value meets the requirements of subclause 9.6 (1), the longitudinal movement (after readjusting the jaws of the coupling using a kingpin built to the dimensions mentioned in subclause 9.10 (4)) must not be more than 4 millimetres.
10.54 Clause 9.9:
Omit “with the:”, substitute “with:”.
10.55 Paragraph 9.10 (1) (b):
Omit the paragraph, substitute:
(b) have a D-value complying with Australian Standard AS 2175 – 1990, Articulated Vehicles — Kingpins.
10.56 Paragraph 9.10 (2) (b):
Omit the paragraph, substitute:
(b) have a D-value complying with Australian Standard AS 2175 – 1990, Articulated Vehicles — Kingpins.
10.57 Paragraph 9.13 (1) (b):
Omit the paragraph, substitute:
(b) have a D-value complying with Australian Standard AS 2213 – 1984, 50 mm Pin-Type Couplings and Drawbar Eyes for Trailers; and
10.58 New clause 10.5A:
After clause 10.5, insert in Division 2 of Part 10:
10.5A Application to retractable axles
For these Standards, a retractable axle is taken to be an axle only when it is in the lowered position.
10.59 Clause 10.6:
Omit “In these Standards:”, substitute “In this Schedule:”.
10.60 Clause 10.6 (definition of “D-value”):
Omit the definition.
10.61 Clause 10.6 (definition of “emergency vehicle”):
Omit the definition, substitute:
emergency vehicle has the same meaning as in the Road Transport Reform (Australian Road Rules) Regulations.
10.62 Clause 10.6 (definition of “GTM”):
Omit the definition, substitute:
GTM (gross trailer mass) means the mass transmitted to the ground by the axles of a trailer when the trailer is loaded to its GVM and connected to a towing vehicle.
10.63 Clause 10.6 (definition of “rear overhang line”, paragraph (b)):
Omit the paragraph, substitute:
(b) if there is an axle group at the rear of the vehicle — the centre of the axle group, determined without regard to the presence of any steerable axle, unless all axles in the group are steerable.
10.64 Clause 10.6:
Insert the following definitions:
British Standard, for a provision of these Regulations, means a standard current on or before the commencement of the provision that is approved for publication by the British Standards Institution.
Note Copies of British Standards are available from offices of the Standards Association of Australia.
British Standards Institution means the body incorporated as the British Standards Institution under Royal Charter in the United Kingdom.
Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth.
dangerous goods has the same meaning as in the Road Transport Reform (Dangerous Goods) Regulations.
emission includes noise emission.
police officer means:
(a) a member or special member of the Australian Federal Police; or
(b) a member (however described) of a State or Territory police force or service; or
(c) a service police officer within the meaning of the Defence Force Discipline Act 1982 of the Commonwealth.
police vehicle means a vehicle driven by a police officer in the course of his or her duty.
road tank vehicle has the same meaning as in the sixth edition of the Australian Code for the Transport of Dangerous Goods by Road and Rail.
this jurisdiction means the Australian Capital Territory and the Jervis Bay Territory.
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.