National Transport Commission (Road Transport Legislation—Vehicles and Traffic Act) Regulations 2006 Select Legislative Instrument No. 36, 2006 made under the National Transport Commission Act 2003 Compilation No. 2 Compilation date: 5 March 2016 Includes amendments up to: F2016L00170 Registered: 1 June 2016 About this compilation This compilation This is a compilation of the National Transport Commission (Road Transport Legislation—Vehicles and Traffic Act) Regulations 2006 that shows the text of the law as amended and in force on 5 March 2016 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents 1 Name of Regulations 2 Commencement 3 Road transport legislation—vehicles and traffic Schedule 1—Text of the Road Transport Reform (Vehicles and Traffic) Act 1993 Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history 1 Name of Regulations These Regulations are the National Transport Commission (Road Transport Legislation—Vehicles and Traffic Act) Regulations 2006. 2 Commencement These Regulations commence on the day after they are registered. 3 Road transport legislation—vehicles and traffic For section 7 of the National Transport Commission Act 2003 (the NTC Act), Schedule 1 sets out road transport legislation, in the form of an Act, about vehicles and traffic. 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 regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003. Note 4: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003. Note 5: The text set out in Schedule 1 is that of the Road Transport Reform (Vehicles and Traffic) Act 1993 (Act No. 9 of 1994) (the V&T Act). The text has been reformatted somewhat. Note 6: The Minister's second reading speech in relation to the V&T Act was made in the Senate on 18 August 1993, and in the House of Representatives on 5 October 1993. The V&T Act received the Royal Assent on 18 January 1994. Schedule 1—Text of the Road Transport Reform (Vehicles and Traffic) Act 1993 (regulation 3) An Act to assist in the adoption of nationally uniform or consistent road transport laws Contents Part 1—Preliminary 1 Short title 2 Purpose 2A Status of this Act under Commonwealth and ACT laws 3 Binding the Crown 4 Definitions 6 Relationship between this Act and the Motor Vehicle Standards Act 6A Criminal Code does not apply Part 2—Regulations 7 Regulations 8 Scope of regulations dealing with vehicles and traffic 9 Subject matter of regulations dealing with vehicles and traffic 10 Exemptions from the regulations 11 Penalties under the regulations 12 Provisions of Part 3 to apply Part 3—Provisions applying to national road transport laws Division 1—Preliminary 13 Application of Division 2 14 Application of Commonwealth Acts Interpretation Act Division 2—Provisions applying or to be applied to national road transport laws 15 Application orders and emergency orders 16 Power to include areas in the scope of regulations dealing with vehicles and traffic 17 Power to grant exemptions from particular regulations dealing with vehicles and traffic 18 Delegation by Minister 19 Other penalties Part 1—Preliminary 1 Short title This Act may be cited as the Road Transport Reform (Vehicles and Traffic) Act 1993. 2 Purpose (1) This Act forms part of a scheme to create uniform or consistent national road transport legislation, as envisaged by the agreements scheduled to the National Road Transport Commission Act 1991. (2) The scheme is designed to: (a) improve the safety and efficiency of transport on roads and on other areas that are open to or used by the public; and (b) reduce the costs of the administration of that transport. (3) The purpose of this Act is to empower the making of laws for the Australian Capital Territory and the Jervis Bay Territory that are intended to be adopted, along with Division 2 of Part 3 of this Act, by the States and the Northern Territory in accordance with the agreements scheduled to the National Road Transport Commission Act 1991. 2A Status of this Act under Commonwealth and ACT laws (1) For the purposes of the laws of the Commonwealth and the laws of the Australian Capital Territory, this Act is taken to be a law made by the Legislative Assembly for the Australian Capital Territory under subsection 22(1) of the Australian Capital Territory (Self‑Government) Act 1988. (2) Subsection (1) does not empower the Legislative Assembly for the Australian Capital Territory to make a law amending or repealing this Act. (3) In this section: laws of the Commonwealth does not include: (a) this section or section 3; or (b) sections 31, 33 and 35 of the Australian Capital Territory (Self‑Government) Act 1988. 3 Binding the Crown (1) This Act and the regulations bind the Crown in all its capacities. (2) It is intended that an adopting law of a State or of the Northern Territory will bind the Crown in all its capacities. (3) For that purpose, an adopting law of a State or of the Northern Territory may bind the Crown in right of the Commonwealth. 4 Definitions In this Act: motor vehicle means a vehicle that is built to be propelled by a motor that forms part of the vehicle; 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; 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. 6 Relationship between this Act and the Motor Vehicle Standards Act (1) It is the intention of the Parliament that: (a) the Motor Vehicle Standards Act 1989 will, subject to paragraph (b), continue to be the sole source of standards for the design and construction of new vehicles; and (b) regulations under this Act may deal with standards for the design and construction of new vehicles for which no standards had been determined under the Motor Vehicle Standards Act 1989 at the commencement of the regulations. (2) If: (a) regulations are made as mentioned in paragraph (1)(b); and (b) after the commencement of the regulations, standards are determined under the Motor Vehicle Standards Act 1989 that are inconsistent with the regulations; the standards prevail. (3) In this section: new vehicle has the same meaning as in the Motor Vehicle Standards Act 1989. 6A Criminal Code does not apply Chapter 2 of the Criminal Code does not apply in relation to, or in relation to matters arising under, offences created by this Act. Part 2—Regulations 7 Regulations (1) The Governor‑General may make regulations to apply as laws of the Australian Capital Territory and of the Jervis Bay Territory, prescribing all matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) The regulations may specify that the provisions of the regulations commence on a day or days specified by the Commonwealth Minister for the time being administering this Act, by notice in the Gazette. 8 Scope of regulations dealing with vehicles and traffic (1) The regulations may apply to a vehicle, animal or person on: (a) a road; or (b) an area that divides a road; or (c) a footpath or nature strip adjacent to a road; or (d) an area that is open to the public and is designated for use by cyclists or animals; or (e) an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles; or (f) any other area that is open to or used by the public and that has been declared, in accordance with section 16, to be an area to which the regulations apply. (2) The regulations may make provision for a matter by applying, adopting or incorporating national standards under the Motor Vehicle Standards Act 1989 as in force from time to time. 9 Subject matter of regulations dealing with vehicles and traffic Vehicle standards (1) The regulations may prescribe rules dealing with vehicle standards, including rules relating to: (a) the design, construction, efficiency and performance of, and the equipment to be carried on, vehicles; and (b) the attachment of operational or safety devices; and (c) mass and dimension limits of vehicles and their loads; and (d) roadworthiness; and (e) safety, emissions and noise; and (f) the coupling of trailers and motor vehicles; and (g) the identification of vehicles or components of vehicles; and (h) the keeping and production of records. Driver and rider standards (2) The regulations may prescribe rules dealing with motor vehicle driver and rider competence and performance standards, including rules relating to: (a) driver and rider training and assessment criteria; and (b) working hours for drivers; and (c) the keeping and production of records. Traffic regulation (3) The regulations may prescribe rules dealing with the regulation of traffic and people, including rules relating to: (a) the places in which and the manner in which vehicles may or may not be driven or ridden; and (b) speed limits for vehicles; and (c) signs and traffic control devices; and (d) the marks that are to be used on the surface of roads and related areas; and (e) the control and reduction of: (i) danger in vehicle operation; or (ii) traffic congestion; and (f) the conduct of events on roads and related areas that may disrupt traffic; and (g) the use of safety equipment by drivers, riders, passengers and pedestrians; and (h) standards of conduct for safety purposes; and (i) parking of vehicles and parked or stationary vehicles; and (j) complying with directions given by police officers or other prescribed people. Vehicle operations (4) The regulations may prescribe rules dealing with the operation of vehicles, including rules relating to: (a) loading and unloading and securing of loads; and (b) vehicles whose size, mass or load exceeds limits set by the regulations; and (c) the keeping and production of records. Fees (5) The regulations may prescribe fees to be paid for services provided under the regulations. 10 Exemptions from the regulations The regulations may provide for the granting of exemptions from provisions of the regulations, either unconditionally or on specified conditions. 11 Penalties under the regulations (1) The regulations may create offences for breaches of the regulations. (2) In relation to each offence against the regulations, the regulations may prescribe a maximum penalty: (a) not exceeding $2,000 for an individual or $10,000 for a body corporate; or (b) not exceeding $3,000 for an individual or $15,000 for a body corporate for an offence relating to overloading. 12 Provisions of Part 3 to apply The provisions of Part 3 apply to the regulations. Part 3—Provisions applying to national road transport laws Division 1—Preliminary 13 Application of Division 2 (1) It is intended that Division 2 and the regulations as in force from time to time will form part of the law of each jurisdiction of Australia, namely: (a) of the Australian Capital Territory and the Jervis Bay Territory; and (b) when they are adopted‑of each State and the Northern Territory. (2) Paragraph (1)(b) does not apply to regulations under subsection 9(5). 14 Application of Commonwealth Acts Interpretation Act (1) The provisions of the Acts Interpretation Act 1901 of the Commonwealth apply to the interpretation of Division 2 and of the regulations in their application to the Australian Capital Territory and the Jervis Bay Territory, except that: (a) Government Gazette is to refer to the Government Gazette of the Australian Capital Territory; and (b) Minister is to refer to the responsible Minister of the Australian Capital Territory. (2) It is intended that the provisions of the Acts Interpretation Act 1901 of the Commonwealth will be applied to the interpretation of Division 2 and of the regulations when they are adopted by each State and the Northern Territory, except that: (a) Government Gazette is to refer to the Government Gazette of the jurisdiction concerned; and (b) Minister is to refer to the responsible Minister of the jurisdiction concerned. Division 2—Provisions applying or to be applied to national road transport laws 15 Application orders and emergency orders (1) The Minister may declare, by notice in the Government Gazette, that the operation of the regulations, or of specified parts of the regulations: (a) is suspended for a specified period; or (b) is varied in a manner specified by the Minister. (2) A declaration must be consistent with the provisions relating to application orders and emergency orders in the agreements scheduled to the National Road Transport Commission Act 1991 of the Commonwealth. (3) A declaration may have effect in relation to the whole jurisdiction or to a specified area. (4) If the Ministerial Council for Road Transport terminates an emergency order, the Minister must publish notice of the termination in the Government Gazette. 16 Power to include areas in the scope of regulations dealing with vehicles and traffic (1) The Minister may declare, by notice in the Government Gazette, that a specified area of the jurisdiction that is open to or used by the public is an area to which specified regulations apply. (2) Such a declaration has effect until it is revoked or for the period specified in the declaration. 17 Power to grant exemptions from particular regulations dealing with vehicles and traffic (1) The Minister may, in accordance with the regulations and by notice in writing, declare that a specified requirement of the regulations does not apply to a specified person or vehicle. (2) An exemption under subsection (1): (a) applies only in the jurisdiction in which it is made; and (b) may be unconditional or subject to specified conditions. 18 Delegation by Minister (1) The Minister may, by signed instrument, delegate to a prescribed person any of his or her powers under this Act, other than the powers set out in subsection 15(1). (2) Subject to any directions of the Minister, a person to whom such a power has been delegated may, by signed instrument, delegate the power to another prescribed person. 19 Other penalties This Part and the regulations do not affect a law that applies a non‑monetary penalty on conviction or that provides for the issue of an infringement notice or other administrative sanction. Endnotes Endnote 1—About the endnotes The endnotes provide information about this compilation and the compiled law. The following endnotes are included in every compilation: Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Abbreviation key—Endnote 2 The abbreviation key sets out abbreviations that may be used in the endnotes. Legislation history and amendment history—Endnotes 3 and 4 Amending laws are annotated in the legislation history and amendment history. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. Editorial changes The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date. If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel. Misdescribed amendments A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history. If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history. Endnote 2—Abbreviation key ad = added or inserted o = order(s) am = amended Ord = Ordinance amdt = amendment orig = original c = clause(s) par = paragraph(s)/subparagraph(s) C[x] = Compilation No. x /sub‑subparagraph(s) Ch = Chapter(s) pres = present def = definition(s) prev = previous Dict = Dictionary (prev…) = previously disallowed = disallowed by Parliament Pt = Part(s) Div = Division(s) r = regulation(s)/rule(s) ed = editorial change reloc = relocated exp = expires/expired or ceases/ceased to have renum = renumbered effect rep = repealed F = Federal Register of Legislation rs = repealed and substituted gaz = gazette s = section(s)/subsection(s) LA = Legislation Act 2003 Sch = Schedule(s) LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s) (md) = misdescribed amendment can be given SLI = Select Legislative Instrument effect SR = Statutory Rules (md not incorp) = misdescribed amendment Sub‑Ch = Sub‑Chapter(s) cannot be given effect SubPt = Subpart(s) mod = modified/modification underlining = whole or part not No. = Number(s) commenced or to be commenced Endnote 3—Legislation history Name Registration Commencement Application, saving and transitional provisions National Transport Commission (Road Transport Legislation—Vehicles and Traffic Act) Regulations 2006 (SLI No. 36, 2006) 20 Feb 2006 (F2006L00286) 21 Feb 2006 (r 2) National Transport Commission (Road Transport Legislation—Vehicles and Traffic Act) Amendment Regulations 2006 (No. 1) (SLI No. 35, 2006) 20 Feb 2006 (F2006L00287) 21 Feb 2006 (r 2) — Acts and Instruments (Framework Reform) (Consequential Amendments) Regulation 2016 29 Feb 2016 (F2016L00170) Sch 1 (item 61): 5 Mar 2016 (s 2(1) item 1) — Endnote 4—Amendment history Provision affected How affected r 3..................... am F2016L00170 Schedule 1 Part 1 s 2A.................... ad No 35, 2006 s 5..................... rep No 35, 2006 s 6A.................... ad No 35, 2006