National Transport Commission (Road Transport Legislation—Road Transport Charges Regulations) Regulations 2006 Select Legislative Instrument No. 34, 2006 made under the National Transport Commission Act 2003 Compilation No. 2 Compilation date: 5 March 2016 Includes amendments up to: F2016L00170 Registered: 7 June 2016 About this compilation This compilation This is a compilation of the National Transport Commission (Road Transport Legislation—Road Transport Charges Regulations) 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 Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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—road transport charges Schedule 1—Text of the Road Transport Charges (Australian Capital Territory) Regulations 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—Road Transport Charges Regulations) Regulations 2006. 2 Commencement These Regulations commence on the day after they are registered. 3 Road transport legislation—road transport charges For section 7 of the National Transport Commission Act 2003 (the NTC Act), Schedule 1 sets out road transport legislation, in the form of Regulations, about road transport charges. 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 Charges (Australian Capital Territory) Regulations (Statutory Rules 1995 No. 42). It has been formatted in accordance with current drafting practice (including styles of provision numbering and cross‑referencing). Those Regulations were approved in draft form by the Ministerial Council for Road Transport on 10 November 1993. Note 6: The making of the Road Transport Charges (Australian Capital Territory) Regulations was notified in the Commonwealth of Australia Gazette on 14 March 1995. Schedule 1—Text of the Road Transport Charges (Australian Capital Territory) Regulations (regulation 3) Contents 1 Name of Regulations 2 Interpretation 2AA Alteration of amounts specified in the Schedule to the Act 2A Vehicles declared not to be special purpose vehicles 2B Vehicles declared to be special purpose vehicles 3 What are the axle load limits for special purpose vehicles? 4 How is N ascertained for the purposes of Part 3 of the Schedule to the Act? Schedule 1—Annual registration charges Schedule 2—Axle loads Part 1—Axle load limits Part 2—Equivalent standard axles for rows of tyres across trailers 1 Name of Regulations These Regulations are the Road Transport Charges (Australian Capital Territory) Regulations 1995. 2 Interpretation In these Regulations, the Act means the Road Transport Charges (Australian Capital Territory) Act 1993. 2AA Alteration of amounts specified in the Schedule to the Act For section 4 of the Act, the annual registration charges specified under headings 1, 2, 3 and 4 of Part 2 of the Schedule to the Act are altered so as to be as set out in Schedule 1 to these Regulations. 2A Vehicles declared not to be special purpose vehicles For paragraph (a) of the definition of special purpose vehicle in Part 1 of the Schedule to the Act, each of the following vehicles is declared not to be a special purpose vehicle: (a) a caravan; (b) a mobile home; (c) a mobile library; (d) a mobile workshop; (e) a mobile laboratory; (f) a mobile billboard. 2B Vehicles declared to be special purpose vehicles For paragraph (b) of the definition of special purpose vehicle in Part 1 of the Schedule to the Act, each of the following vehicles is declared to be a special purpose vehicle: (a) a forklift; (b) a straddle carrier; (c) a mobile cherry picker; (d) a mobile crane. 3 What are the axle load limits for special purpose vehicles? For the purposes of the definitions of special purpose vehicle (type o) and special purpose vehicle (type t) in Part 1 of the Schedule to the Act, the load limit for an axle or axle group specified in column 2 of Part 1 of Schedule 2 to these Regulations is specified in column 3 of Part 1. 4 How is N ascertained for the purposes of Part 3 of the Schedule to the Act? (1) For the purposes of the formula set out in Part 3 of the Schedule to the Act, the number N, in relation to a vehicle or a combination of vehicles that includes one or more trailers, is the sum of the equivalent standard axles for each of the rows of tyres across the trailer or trailers. (2) For the purposes of subregulation (1): (a) the number of equivalent standard axles for a row of 8 tyres across a trailer is determined by reference to Table A in Part 2 of Schedule 2; and (b) the number of equivalent standard axles for a row of 4 tyres across a trailer is determined by reference to Table B in Part 2 of Schedule 2. (3) For the purposes of subregulation (2) and Part 2 of Schedule 2, the average load (in tonnes) for a row of tyres across a trailer is worked out using the following formula: where: C is the loaded mass (in tonnes) of the trailer; B is the number of rows of tyres across the trailer. Schedule 1—Annual registration charges (regulation 2AA) Note: Under section 4 of the Act, the regulations may alter the amounts specified in the Schedule to the Act 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 alterations made by regulation 2AA and this Schedule increase the amounts specified in Part 2 of the Schedule to the Act by 3.3%, taken to the nearest dollar. 1 Load carrying vehicles Item Vehicle type 2‑axle 3‑axle 4‑axle 5‑axle 1 Truck (type 1) $310 $620 $930 $930 2 Truck (type 2) $516 $826 $2 066 $2 066 3 Short combination truck $568 $2 066 $2 066 $2 066 4 Medium combination truck $3 925 $3 925 $4 235 $4 235 5 Long combination truck $5 423 $5 423 $5 423 $5 423 6 Short combination prime mover $1 343 $3 512 $4 545 $4 545 7 Medium combination prime mover $4 132 $5 165 $5 681 $5 681 8 Long combination prime mover $5 165 $5 165 $5 681 $5 681 2 Load carrying trailer, converter dolly and low loader dolly 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: 3 Buses Item Bus type 2‑axle 3‑axle 4‑axle 1 Bus (type 1) $310 2 Bus (type 2) $516 $1 291 $1 291 3 Articulated bus $516 $516 4 Special purpose vehicles Item Special purpose vehicle type Charge 1 Special purpose vehicle (type p) No charge 2 Special purpose vehicle (type t) $207 3 Special purpose vehicle (type o) The amount calculated using the formula: Note: Part 2 of the Schedule to the Act provides (under heading 5) that, if a vehicle falls within 2 or more of the specified categories, the charge for the vehicle is the higher or highest of the charges that could apply to the vehicle. Schedule 2—Axle loads (regulations 3 and 4) Part 1—Axle load limits Column 1 Column 2 Column 3 Item No. Type of axle or axle group Axle load limit (tonnes) 1 Single axles (a) 2 tyres 6.0 (b) 2 wide profile tyres: (i) 375 mm to 450 mm 6.7 (ii) over 450 mm 7.0 (c) 4 or more tyres: (i) on pig trailers 8.5 (ii) on other vehicles 9.0 2 Twin steer axle groups (2 consecutive axles connected to the same steering mechanism) (a) non‑load sharing suspensions 10.0 (b) load sharing suspensions 11.0 3 Tandem axle groups (2 consecutive axles connected by a load sharing suspension) (a) 4 tyres 11.0 (b) 4 wide profile tyres: (i) 375 mm to 450 mm 13.3 (ii) over 450 mm 14.0 (c) 6 tyres 13.0 (d) 8 or more tyres: (i) on pig trailers 15.0 (ii) on other vehicles 16.5 4 Tri‑axle groups (3 consecutive axles connected by a load sharing suspension) (a) 6, 8 or 10 tyres 15.0 (b) 6 wide profile tyres (375 mm or over): (i) on pig trailers 18.0 (ii) on other vehicles 20.0 (c) 12 or more tyres: (i) on pig trailers 18.0 (ii) on other vehicles 20.0 Part 2—Equivalent standard axles for rows of tyres across trailers Table A Trailers with rows of 8 tyres Column 1 Column 2 Average load per row (tonnes) Equivalent standard axles per row 10 or more but less than 11 0.4 11 or more but less than 12 0.6 12 or more but less than 13 0.9 13 or more but less than 14 1.2 14 or more but less than 15 1.7 15 or more but less than 16 2.2 16 or more but less than 17 2.8 17 or more but less than 18 3.6 18 or more but less than 19 4.6 19 or more but less than 20 5.7 20 or more but less than 21 6.9 21 or more but less than 22 8.4 22 or more but less than 23 10.2 23 or more but less than 24 12.1 24 or more 14.4 Table B Trailers with rows of 4 tyres Column 1 Column 2 Average load per row (tonnes) Equivalent standard axles per row 5 or more but less than 6 0.1 6 or more but less than 7 0.3 7 or more but less than 8 0.5 8 or more but less than 9 0.9 9 or more but less than 10 1.5 10 or more but less than 11 2.2 11 or more but less than 12 3.2 12 or more 4.6 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—Road Transport Charges Regulations) Regulations 2006 (SLI No. 34, 2006) 17 Feb 2006 (F2006L00279) 18 Feb 2006 (r 2) National Transport Commission (Road Transport Legislation—Road Transport Charges Regulations) Amendment Regulations 2006 (No. 1) (SLI No. 33, 2006) 17 Feb 2006 (F2006L00281) 18 Feb 2006 (r 2) — Acts and Instruments (Framework Reform) (Consequential Amendments) Regulation 2016 29 Feb 2016 (F2016L00170) Sch 1 (item 60): 5 Mar 2016 (s 2(1) item 1) — Endnote 4—Amendment history Provision affected How affected r 3..................... am F2016L00170 Schedule 1 r 1..................... rs No 33, 2006 r 2AA................... ad No 33, 2006 r 2A.................... ad No 33, 2006 r 2B.................... ad No 33, 2006 r 3..................... am No 33, 2006 r 4..................... am No 33, 2006 Schedule 1 (within Schedule 1) Schedule 1................ ad No 33, 2006 Schedule 2 (within Schedule 1) Schedule heading........... rs and renum No 33, 2006 Schedule 2 heading (prev Schedule heading)