law comparison tables - hvnl to nsw road …...58 main purpose of ch 3 rt(vr)r cl. 51 applicable...

HVNL TO NSW ROAD TRANSPORT LAW HVNL provision Current NSW provision

HVNL Chapter 1 Definitions: Current NSW Road Transport Legislation

5 accreditation certificate means— No provision

5 AFM accreditation means— No provision

5 agricultural task No provision

5 agricultural trailer No provision

5 Application Act, No provision

5 appropriately qualified, No provision

5 approved vehicle examiner No provision

5 AS No provision

5 associate RT (V&DM) Act 2005 s. 3 "associate" ‐see section 23.

5 ATM No provision

5. Australian Accounting Standards No provision

5 Australian road law RT (V&DM) Act 2005 s. 3 "Australian applicable road law"

5 authorised officer RT (V&DM) Act 2005 s. 3 authorised officer

5. authorised warrant official No provision

5 axle Road Rules 2008 Dictionary axle

5. axle group Road Rules 2008 Dictionary axle group

5. base, RT (V&DM) Act 2005 s. 3 base

5. B‐double RT (VR) R Dictionary

5. BFM accreditation No provision

5. Board No provision

5. body of fatigue knowledge No provision

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

Road Rules 2008 Dictionary bus means a motor vehicle built mainly to carry people that seats over 12 adults (Including the driver).

5. cause, No provision

5. centre‐line, Road Rules 2008 Dictionary centreline

5. class 2 heavy vehicle authorisation No provision

5. combination RT Act 2013 s.4 combination

5. compliance purposes RT (V&DM) Act 2005 "compliance purposes" ‐see section 134

5. component, No provision

5. component vehicle No provision

5. conditionally registered No provision

5. consent No provision

HVNL provision Current NSW provision

5. consign and consignor RT (V&DM) Act 2005 s.20 Definitions consignor

5. consignee RT (V&DM) Act 2005 s.20 Definitions consignee

5. container weight declaration RT (V&DM) Act 2005 s.20 Definitions container weight declaration

5. converter dolly Road Rules 2008 Dictionary converter dolly

5. defendant No provision

5. dimension requirement No provision

5. driver RT Act 2013 s.4 driver RT (V&DM) Act 2005 s. 3 driver

5. embargoed thing No provision

5. employed driver No provision

5. employee RT Act 2013 s.4 employee RT (V&DM) Act 2005 s. 3 employee

5. employer RT Act 2013 s.4 employer RT (V&DM) Act 2005 s. 3 employer

5. escort vehicle No provision

5. examine No provision

5. executive officer No provision

5. exercise No provision

5. fatigue record No provision

5. fatigue‐regulated bus No provision

5. film No provision

5. fit No provision

5. Fund No provision

5. garage address RT Act 2013 s.4 garage address

5. GCM (gross combination mass) RT Act 2013 s.4 GCM (gross combination mass)

5. goods RT Act 2013 s.4 goods

5. GVM (gross vehicle mass) RT Act 2013 s.4 GVM

5. hauling unit Road Rules 2008 Dictionary hauling unit

5. heavy trailer No provision

5. heavy vehicle accreditation No provision

5. in No provision

5. indicated No provision

5. information notice No provision

5. infringement notice No provision

5. Infringement Notice Offences Law, No provision

5. intelligent access auditor No provision

5. intelligent access map No provision


5. investigation purposes No provision

5. law enforcement agency No provision

5. load RT Act 2013 s.4 load

5. loaded mass RT (MLA) Reg Dictionary

5. loading manager RT (V&DM) Reg 2005 s.39 Definitions loading manager

5. maintenance management accreditation RT (VR) R Dictionary Maintenance Management Accreditation Scheme

5. mass, dimension or loading requirement No provision

5. mass management accreditation RT(MLA) Reg Dictionary Mass Management Accreditation Scheme

5. mass or dimension authority No provision

5. mass or dimension exemption No provision

5. mass requirement No provision

5. maximum work requirement No provision

5. maximum work time No provision

5. minimum rest requirement No provision

5. minimum rest time No provision

5. monitoring purposes No provision

5. night rest break No provision

5. notice No provision

5. occupier No provision

5. official No provision

5. operate and operator RT (V&DM) Act s.21 Operator

5. oversize vehicle Road Rules 2008 Dictionary

5. owner RT Act 2013 s.4 Definitions RT (V&DM) s.3 Definitions

5. pack and packer RT (V&DM) Act s.20 Definitions packer

5. packaging RT (V&DM) Act s.20 Definitions packaging

5. participating jurisdiction No provision

5. party in the chain of responsibility RT(V&DM) Reg cl.39 Definitions party in the chain of responsibility

5. PBS design approval No provision

5. PBS Review Panel No provision

5. premises RT Act 2013 s.4 Definitions premises RT (V&DM) s.3 Definitions

5. previous corresponding law No provision

5. prime contractor RT(V&DM) Reg cl.39 Definitions prime contractor

5. prime mover Road Rules Dictionary prime mover

5. public authority RT Act 2013 s.4 public authority


5. public place RT Act 2013 s.4 Definitions public place

5. qualified No provision

5. reasonably believes No provision

5. reasonably satisfied No provision

5. reasonably suspects No provision

5. registration item No provision

5. regular loading or unloading premises No provision

5. Regulator No provision

5. relevant emission No provision

5. relevant garage address No provision

5. relevant road manager No provision

5. relevant tribunal or court No provision

5. responsible entity, RT (V&DM) Act s. 63 responsible entity

5. responsible person RT (V&DM) Act s.20

5. review and appeal information No provision

5. risk category

5. road authority, RT Act 2013 s.4 road authority

5. road infrastructure RT Act 2013 s.4 road infrastructure

5. road manager No provision

5. road train Road Rules 2008 Dictionary

5. safety risk RT (VR) R Dictionary

5. schedule No provision

5. scheduler RT(V&DM) Reg cl.39 Definitions scheduler

5. self‐employed driver RT(V&DM) Reg cl.39 Definitions self‐employed driver

5. single axle RT (VR) R Dictionary 5. single axle

5. speed limit Road Rules 2008 cl.10‐2 speed limit

5. suitable rest place No provision

5. this Law No provision

5. this jurisdiction RT Act 2013 s.4 this jurisdiction

5. tow truck RT (VR) R Dictionary tow truck

5. tractor Road Rules 2008 Dictionary tractor

5. trailer RT Act 2013 s.4 Definitions trailer

5. truck Road Rules 2008 Dictionary truck

5. twinsteer axle group Road Rules 2008 Dictionary twinsteer axle group

5. unload and unloader RT(V&DM) Reg cl.39 Definitions unloader


5. unregistered heavy vehicle permit RT Act 2013 s.4 Definitions unregistered heavy vehicle permit

5. VIN (vehicle identification number) RT (VR) R Dictionary VIN (vehicle identification number)

5. work and rest hours exemption RT(V&DM) Reg cl.117 work and rest hours exemption

5. work diary exemption RT(V&DM) Reg cl.118

HVNL Chapter 3 Vehicle Operations ‐ Standards and Safety: Current NSW Road Transport Legislation

58 Main purpose of Ch 3 RT(VR)R cl. 51 Applicable vehicle standards

59 Heavy vehicle standards RT(VR)R cl.52 Registrable vehicles to comply with vehicle standards specified in Schedule 2

60 Compliance with heavy vehicle standards RT(VR)R cl.52 Registrable vehicles to comply with vehicle standards specified in Schedule 2

61 Regulator’s power to exempt category of heavy vehicles

RT(VR) R Schedule 2 Vehicle Standards (10) Authority may exempt vehicle from requirement of Schedule

62 Restriction on grant of vehicle standards exemption (notice)

‐

63 Conditions of vehicle standards exemption (notice)

‐

64 Period for which vehicle standards exemption (notice) applies

‐

65 Requirements about Commonwealth Gazette notice

‐

66 Amendment or cancellation of vehicle standards exemption (notice)

‐

67 Immediate suspension on Regulator’s initiative

‐

68 Regulator’s power to exempt particular heavy vehicle from compliance with heavy vehicle standard

‐

69 Application for vehicle standards exemption (permit)

‐

71 Conditions of vehicle standards exemption (permit)

‐

72 Period for which vehicle standards exemption (permit) applies

‐

73 Permit for vehicle standards exemption (permit) etc.

‐

74 Refusal of application for vehicle standards exemption (permit)

‐

76 Amendment or cancellation of vehicle standards exemption (permit) on Regulator’s initiative

‐

77 Immediate suspension on Regulator’s


initiative

78 Minor amendment of vehicle standards exemption (permit)

79 Return of permit ‐

80 Replacement of defaced etc. permit ‐

81 Contravening condition of vehicle standards exemption

‐

82 Keeping relevant document while driving under vehicle standards exemption (notice)

‐

83 Keeping copy of permit while driving under vehicle standards exemption (permit)

‐

84 Definition for Pt 3.3 [modifying heavy vehicles]

RT(VR)R cl.55A Modifications to registered vehicles

85 Modifying heavy vehicle requires approval RT(VR) R Part 5A Certification of vehicles

Division 1 Preliminary

cl.76AC Modified vehicles not to be used unless certified

86 Approval of modifications by approved vehicle examiners

‐

87 Approval of modification by Regulator RT(VR)R cl.76AD Compliance certificate may be issued

88 National regulations for heavy vehicle modification

‐

89 Safety requirement RT(VR)R cl.21 General requirement to keep vehicles in good order

90 Requirement about properly operating emission control system

RT(VR)R Schedule 2 Part 7 Control of emissions Division 1 Crank case gases and visible emissions

91 Person must not tamper with emission control system fitted to heavy vehicle

‐

92 Display of warning signs required by heavy vehicle standards on vehicles to which the requirement does not apply

‐

92 Display of warning signs required by heavy vehicle standards on vehicles to which the requirement does not apply

‐

93 Person must not tamper with speed limiter fitted to heavy vehicle

RT(VR) R Schedule 2

Part 9 Maximum road speed limiting

cl.163 Speed limiting

Road Transport Act 2013

Part 6.2 Speed limiting of heavy vehicles

HVNL Chapter 4 Vehicle Operations – Mass Dimension and Loading: Current NSW Road Transport Legislation

94 Main purposes of Ch 4 ‐

95 Prescribed mass requirements RT(VDM) A s.20 Definitions [Mass, dimension and


load restraint requirements for vehicles]

96 Compliance with mass requirements RT(VDM) A s.57 Liability of driver

s. 59 Penalty levels: offences referred to in Table to Division

s.90 Defence of mistaken and reasonable belief not available for specified offences

97 Definitions for Div 2 [Categories of breaches of mass requirements]

RT(VDM)A s.34 Lower limits—mass breaches

98 Minor risk breach RT(VDM) Act s. 31(1) Minor risk breaches

99 Substantial risk breach RT(VDM) Act s. 32(1) Substantial risk breaches

100 Severe risk breach RT(VDM) Act s. 33(1) Severe risk breaches

101 Prescribed dimension requirements RT(VDM) A s.20 Definitions

102 Compliance with dimension requirements RT(VDM) A s.57 Liability of driver



103 Application of Div 2 [Categories of dimension requirements]

‐

104 Definitions for Div 2 RT(VDM) A s.35 Lower limits—width breaches

s. 36 Lower limits—width breaches: overall width of vehicle or combination

105 Minor risk breach RT(VDM) a s. 31(2) Minor risk breaches

106 Substantial risk breach RT(VDM) Act s. 32(2) Substantial risk breaches

RT(VDM) A s.39 Lower limits—width breaches: recategorisation of certain breaches

107 Severe risk breach RT(VDM) Act s. 33(2) Severe risk breaches


RT(VDM) A s.40 Lower limits—overall length breaches: recategorisation of certain breaches involving rear projections

108 Dangerous projections taken to be contravention of dimension requirement


RT(VDM) A s.41 Lower limits—dimension breaches: recategorisation of certain breaches involving dangerous projections

RT(VDM) A s.43 Special categorisation of breaches of requirements relating to dangerous projections

109 Warning signals required for rear projection of loads

RT(MLA) Reg cl. 53 Projection of loading or equipment of vehicles

Schedule 1, part 2 Size and projection of loads

110 National regulations may prescribe loading requirements

RT(VDM) A s.20 Definitions


111 Compliance with loading requirements RT(VDM) A s.57 Liability of driver



112 Minor risk breach [loading] RT(VDM) a s. 31(3) Minor risk breaches

113 Substantial risk breach [loading] RT(VDM) Act s. 32(3) Substantial risk breaches

114 Severe risk breach [loading] RT(VDM) Act s. 33(3) Severe risk breaches

115 Proof of contravention of loading requirement

RT(MLA) Reg cl.61(4) Load requirements

116 Class 1 heavy vehicles and class 3 heavy vehicles

RT(MLA) Reg cl.11 Application of Division [class vehicles]

RT(MLA) Reg cl.24 Application of Division [class 3 vehicles]

RT(MLA) Reg Dictionary

117 Regulator’s power to exempt category of class 1 or 3 heavy vehicles from compliance with mass or dimension requirement

RT(MLA) Reg cl. Cl. 12 Exemption by notice in Gazette

RT(MLA) Reg cl. Cl. 25 Exemption by notice in Gazette

118 Restriction on grant of mass or dimension exemption (notice

‐

119 Conditions of mass or dimension exemption (notice)

RT(MLA) Reg cl. 14 Class 1 notices

RT(MLA) Reg cl. 17 Areas and roads

RT(MLA) Reg cl. 25 Exemption by notice in Gazette

120 Period for which mass or dimension exemption (notice) applies

RT(MLA) Reg cl. 14 (1)(f) Class 1 notices

RT(MLA) Reg cl. 28 (1)(d) Form of Class 3 notices or permits


RT(MLA) Reg cl. 14 Class 1 notices

RT(MLA) Reg cl. 28 Form of Class 3 notices or permits

122 Regulator’s power to exempt particular class 1 or class 3 heavy vehicle from compliance with mass or dimension requirement

RT(MLA) Reg cl. 15 Exemption by permit

RT(MLA) Reg Cl. 16 Class 1 permits

RT(MLA) Reg Cl. 27 Exemption by permit [class 3 vehicles]

RT(MLA) Reg Cl. 28 Form of Class 3 notices or permits

RT(MLA) Cl. 29 Reg Issuing a Class 3 notice or permit

123 Application for mass or dimension exemption

(permit)

RT(MLA) Reg cl. 15 Exemption by permit RT(MLA) Reg Cl. 27 Exemption by permit [class 3 vehicles]

124 Restriction on grant of mass or dimension exemption (permit)

‐

125 Conditions of mass or dimension exemption (permit)

RT(MLA) Reg Cl. 16 Class 1 permits RT(MLA) Reg Cl. 28 Form of Class 3 notices or


permits

126 Period for which mass or dimension exemption (permit) applies

RT(MLA) Reg Cl. 16 (1)(f) Class 1 permits RT(MLA) Reg Cl. 28 (1)(d) Form of Class 3 notices or permits

127 Permit for mass or dimension exemption (permit) etc.

RT(MLA) Reg Cl. 16 Class 1 permits RT(MLA) Reg Cl. 28 Form of Class 3 notices or permits

128 Refusal of application for mass or dimension exemption (permit

‐

129 Contravening condition of mass or dimension exemption generally

RT(VDM) A s. 77 Offence of contravening condition RT(VDM) A s. 78 Effect of contravening condition—prosecutions or other action

130 Contravening condition of mass or dimension exemption relating to pilot or escort vehicle

RT(MLA) Reg Cl. 74 Failure of a pilot or escort vehicle to comply with a requirement

131 Using pilot vehicle with a heavy vehicle that contravenes certain conditions of mass or dimension exemption


132 Keeping relevant document while driving under mass or dimension exemption (notice)

RT(MLA) Reg Cl. 73 Keeping documents

133 Keeping copy of permit while driving under mass or dimension exemption (permit)


134 Displaying warning signs on vehicles if not required by dimension exemption


135 Main purpose of Pt 4.6 Restricting access to roads by large vehicles that are

not overmass or oversize vehicles

‐

136 Class 2 heavy vehicles RT(MLA) Reg Cl.18 Application of Division [class 2 vehicles]

137 Using class 2 heavy vehicle RT(MLA) Reg Cl.19 Notice or permit required

138 Regulator’s power to authorise use of all or stated categories of class 2 heavy vehicles

RT(MLA) Reg Cl.20 Class 2 notices

RT(MLA) Reg Cl.22 Conditions of a Class 2 notice or permit

RT(MLA) Reg Cl.23 Form of Class 2 notices and permits

139 Restriction on grant of class 2 heavy vehicle authorisation (notice)

‐

140 Conditions of class 2 heavy vehicle authorisation (notice)


141 Period for which class 2 heavy vehicle

authorisation (notice) applies

RT(MLA) Reg Cl.23(1) Form of Class 2 notices and permits

142 Requirements about Commonwealth Gazette notice etc.

RT(MLA) Reg Cl.22 Conditions of a Class 2 notice or permit RT(MLA) Reg Cl.23 Form of Class 2 notices and permits

143 Regulator’s power to authorise use of a RT(MLA) Reg Cl.22 Conditions of a Class 2 notice or


particular class 2 heavy vehicle permit

144 Application for class 2 heavy vehicle authorisation (permit)

RT(MLA) Reg Cl.21 Class 2 Permits

145 Restriction on grant of class 2 heavy vehicle authorisation (permit)

‐

146 Conditions of class 2 heavy vehicle authorisation (permit)

‐

147 Period for which class 2 heavy vehicle authorisation (permit) applies

RT(MLA) Reg Cl.23(1) Form of Class 2 notices and permits

148 Permit for class 2 heavy vehicle authorisation (permit) etc

RT(MLA) Reg Cl.23 Form of Class 2 notices and permits

149 Refusal of application for class 2 heavy vehicle authorisation (permit)

‐

150 Contravening condition of class 2 heavy vehicle authorisation

RT(MLA) Reg Cl.19 Notice or permit required

151 Keeping relevant document while driving under class 2 heavy vehicle authorisation (notice)


152 Keeping copy of permit while driving under class 2 heavy vehicle authorisation (permit)


153 Keeping copy of PBS vehicle approval while driving under class 2 heavy vehicle authorisation


154 Definitions for Pt 4.7 [Particular provisions about mass or dimension

Authorities]

‐

155 Application of Div 2 [Obtaining consent of relevant road managers]

‐

156 Deciding request for consent generally ‐

157 Obtaining third party’s approval for giving consent

for permit

‐

158 Action pending consultation with third party

‐

159 Deciding request for consent if route assessment required

‐

160 Imposition of road conditions ‐

161 Imposition of travel conditions ‐

162 Imposition of vehicle conditions ‐

163 Obtaining consent of road authority if particular road manager refuses to give consent

‐


164 Information notice for imposition of road conditions requested by road manager

‐

165 Information notice for imposition of travel conditions requested by road manager

‐

166 Information notice for decision to refuse application because road manager did not give consent

‐

167 Expedited procedure for road manager’s consent for renewal of mass or dimension authority

‐

168 Operation of section 167 ‐

169 Granting limited consent for trial purposes ‐

170 Renewal of limited consent for trial purposes

‐

171 Period for which mass or dimension authority applies where limited consent

‐

172 Requirements for statement explaining adverse decision of road manager

‐

173 Amendment or cancellation on Regulator’s initiative [mass

or dimension authority granted by Commonwealth Gazette]

‐

174 Amendment or cancellation on request by relevant road manager

‐

175 Immediate suspension ‐

176 Amendment or cancellation on application by permit holder

‐

177 Amendment or cancellation on Regulator’s initiative

‐

178 Amendment or cancellation on request by relevant road manager

‐

179 Immediate suspension ‐

180 Minor amendment of permit for a mass or dimension authority

‐



183 Liability of employer etc. for contravention of mass, dimension or loading requirement

RT(V&DM) A s.53 Liability of consignor RT(V&DM) A s. 54 Liability of packer RT(V&DM) A s.55 Liability of loader RT(V&DM) A s.56 Liability of operator

RT(V&DM) A s.57 Liability of driver

RT(V&DM) A s.58 Liability of consignee

RT(V&DM) A s.59 Penalty levels: offences referred to in Table to Division


184 Towing restriction

185 Requirements about coupling trailers RT(MLA) Reg cl.41 Capacity of tow couplings Schedule 1 Part 3 Couplings cl.12 Trailers

186 False or misleading transport documentation for goods

RT(VDM) A s.75 False or misleading transport documentation: liability of consignor, packer, loader, receiver and others

187 False or misleading information in container weight declaration

RT(VDM) A 75(6) – (10) False or misleading transport documentation: liability of consignor, packer, loader, receiver and others

188 Application of Div 4 [Other offences about container weight declarations]

RT(VDM) A s.62 Application of Division

189 Meaning of complying container weight declaration

RT(VDM) A s.65 Complying container weight declarations

190 Duty of responsible entity RT(VDM) A s.66 Duty of responsible entity

191 Duty of operator RT(VDM) A s.67 Duty of operator

192 Duty of driver RT(VDM) A s.68 Duty of driver

193 Weight of freight container exceeding weight stated on container or safety approval plate

RT(VDM) A s.53(2) Liability of consignor RT(VDM) A s.54(2) Liability of packer RT(VDM) Act s.88 Reasonable steps defence for other mass, dimension and load restraint requirements RT(VDM) Act s.90 Defence of mistaken and reasonable belief not available for specified offences

194 Conduct of consignee resulting or potentially resulting in contravention of mass, dimension or loading requirement

RT(V&DM) A s.58 Liability of consignee 69 RT(VDM) A s.69 Liability of consignee—knowledge of matters relating to container weight declaration

195 Conflicting mass requirements RT(MLA) Reg cl.60 Lower limit to apply if multiple mass requirements

196 Conflicting dimension requirements ‐

197 Exemption from compliance with particular requirements in emergency

RT(MLA) Reg cl. 75 Exemptions in emergencies

198 Recovery of losses arising from non‐provision of container weight declaration

RT(VDM) A s.70 Recovery of losses for non‐provision of container weight declaration

199 Recovery of losses for provision of inaccurate container weight declaration

RT(VDM) Act s.71 Recovery of losses for provision of inaccurate container weight declaration

200 Recovery by responsible entity of amount paid under s 199

RT(VDM) A s.72 Recovery of amount by responsible entity

201 Assessment of monetary value or attributable amount

RT(VDM) A s.73 Assessment of monetary value or attributable amount

HVNL Chapter 5 Vehicle Operations – Speeding: Current NSW Road Transport Legislation


202 Main purpose of Ch 5 ‐

203 Outline of the main features of Ch 5 ‐

204 Duty of employer, prime contractor or RT(VDM) Reg cl 155 Duty concerning business practices


operator to ensure business practices will not cause driver to exceed speed limit

205 Duty of employer not to cause driver to drive if particular requirements not complied with

RT(VDM) Reg cl 155 Duty concerning business practices RT(VDM) Reg cl 156 Duty to ensure offences are not committed

206 Duty of prime contractor or operator not to cause driver to drive if particular requirements not complied with

RT(VDM) Reg cl 155 Duty concerning business practices

207 Duty to ensure driver’s schedule will not cause driver to exceed speed limit

RT(VDM) Reg cl 157 Duty concerning driver’s schedule

208 Duty not to cause driver to drive if particular requirements not complied with

RT(VDM) Reg cl 157 Duty concerning driver’s schedule

209 Duty to ensure loading arrangements will not cause driver to exceed speed limit

RT(VDM) Reg cl 158 Duty on loading managers

212 Duty to ensure terms of consignment will not cause driver to exceed speed limit etc.

RT(VDM) Reg cl 161 Duties on consignors and consignees

213 Duty not to make a demand that may result in driver exceeding the speed limit

RT(VDM) Reg cl 161 Duties on consignors and consignees (3)

214 Who is a party in the chain of responsibility

‐

215 Particular requests etc. prohibited RT(VDM) Reg cl 163 Certain requests etc prohibited

216 Particular contracts etc. prohibited RT(VDM) Reg cl 164 Certain contracts etc prohibited

217 Objective reasonableness test to be used in deciding causation

RT(VDM) Reg cl 165 Matters court may consider for deciding whether person took all reasonable steps

218 Commission of speeding offence is irrelevant to Pt 5.2 prosecution

RT(VDM) Reg cl 166 Commission of speeding offence is irrelevant to Division 2 prosecutions

219 Liability of employer etc. for speeding offence

RT(VDM) Reg cl 156 Duty to ensure offences are not committed

HVNL Chapter 6 Vehicle Operations – Driver Fatigue: Current NSW ROAD Transport Legislation

220 Main purpose of Ch 6 ‐

221 Definitions for Ch 6 RT(VDM) Reg cl.39 Definitions

222 Categories of breaches RT(VDM) Reg cl 64. Standard hours‐solo drivers RT(VDM) Reg cl. 66. Standard hours‐two‐up drivers RT(VDM) Reg cl. 68 BFM hours‐solo drivers RT(VDM) Reg cl. 70. BFM hours‐two‐up drivers RT(VDM) Reg cl. 71. AFM hours

223 (1) Fatigue includes (but is not limited to)—

RT(VDM) Reg cl 43 What is “fatigue”

224 Matters court may consider in deciding whether person was fatigued

RT(VDM) Reg cl 43 What is “fatigue”

225 What is impaired by fatigue RT(VDM) Reg cl. 44 What is “impaired by fatigue”

226 Matters court may consider in deciding whether person was impaired by fatigue

RT(VDM) Reg cl. 44 What is “impaired by fatigue”


227 Who is a party in the chain of responsibility

RT(VDM) Reg cl. 39 Definitions

228 Duty of driver to avoid driving while fatigued

RT(VDM) Reg cl.45 Driver’s duty to avoid driver fatigue

229 Duty of party in the chain of responsibility to prevent driver driving while fatigued

RT(VDM) Reg cl.46 Duty of parties in the chain of responsibility to prevent driver fatigue

230 Duty of employer, prime contractor or operator to ensure business practices will not cause driver to drive while fatigued etc.

RT(VDM) Reg cl.49 Duties on employers, prime contractors and operators

231 Duty of employer not to cause driver to drive if particular requirements not complied with

RT(VDM) Reg cl.49 Duties on employers, prime contractors and operators

232 Duty of prime contractor or operator not to cause driver to drive if particular requirements not complied with

RT(VDM) Reg cl. 49 Duties on employers, prime contractors and operators

233. Duty to ensure driver’s schedule will not cause

driver to drive while fatigued etc

RT(VDM) Reg cl.50 Duties of schedulers


RT(VDM) Reg cl. 50 Duties of schedulers

235 Duty to ensure terms of consignment will not cause driver to drive while fatigued etc

RT(VDM) Reg cl. 51 Duties on consignors and consignees


RT(VDM) Reg cl. 51Duties on consignors and consignees

237 Duty not to make a demand that may result in driver driving while fatigued etc.

RT(VDM) Reg cl. 51Duties on consignors and consignees

238 Duty to ensure loading arrangements will not cause driver to drive while fatigued etc.

RT(VDM) Reg cl.52 Duties of loading managers

239 Duty to ensure drivers can rest in particular Circumstances

RT(VDM) Reg cl.52 Duties of loading managers

240 Particular requests etc. prohibited RT(VDM) Reg cl.54 Certain requests etc prohibited

241 Particular contracts etc. prohibited RT(VDM) Reg cl.55 Certain contracts etc prohibited

242 Objective reasonableness test to be used in deciding causation

RT(VDM) Reg cl. 40 Matters court may consider for deciding whether person took all reasonable steps and other matters relating to offences RT(VDM) Reg cl. 41 What is the “reasonable steps defence’. RT(VDM) Reg cl. 47 Intention irrelevant in determining causation RT(VDM) Reg cl. 48 Cause includes “contribute to causing” and “encourage”

243 What is a driver’s work and rest hours option

RT(VDM) Reg cl.56 What is “work and rest hours option

244 Counting time spent in participating jurisdictions

RT(VDM) Reg cl.61 Counting time within the participating zone


245 Counting time spent outside participating jurisdiction

RT(VDM) Reg cl.62 Counting time from outside the participating zone

246 Counting periods of less than 15 minutes RT(VDM) Reg cl.60 Counting time, including work and rest time

247 Time to be counted after rest time ends RT(VDM) Reg cl.60 Counting time, including work and rest time

248 Time to be counted by reference to time zone of driver’s base

RT(VDM) Reg cl.60 Counting time, including work and rest time

249 Standard hours ‐

250 Operating under standard hours—solo drivers

RT(VDM) Reg cl. 64 Standard hours—solo drivers RT(VDM) Reg cl. 65 Standard hours—solo drivers of buses

251 Operating under standard hours—two‐up drivers

RT(VDM) Reg cl. 66 Standard hours—two‐up drivers

252 Defence relating to short rest breaks for drivers operating under standard hours

‐

253 BFM hours ‐

254 Operating under BFM hours—solo drivers RT(VDM) Reg cl.68 BFM hours—solo drivers

255 Defence for solo drivers operating under BFM hours relating to split rest breaks

RT(VDM) Reg cl.69 Defence for solo drivers relating to split rest breaks

256 Operating under BFM hours—two‐up drivers

RT(VDM) Reg cl 70 BFM hours—two‐up drivers

257 AFM hours RT(VDM) Reg cl. 71 AFM hours RT (VDM) Reg cl. 72 AFM outer limits

258 Operating under AFM hours RT(VDM) Reg cl. 71 AFM hours RT (VDM) Reg cl. 72 AFM outer limits

259 Exemption hours RT(VDM) Reg cl. 116 What is an exemption RT(VDM) Reg cl 117 Work and rest hours exemptions

260 Operating under exemption hours RT(VDM) Reg cl. 117 Work and rest hours exemptions

261 Liability of employer etc. for driver’s contravention of maximum work requirement or minimum rest requirement

RT(VDM) Reg cl.46 Duty of parties in the chain of responsibility to prevent driver fatigue

262 Changing work and rest hours option RT(VDM) Reg cl. 73 Changing work and rest hours option

263 Operating under new work and rest hours option after change

RT(VDM) Reg cl. 73 Changing work and rest hours option

264 Duty of employer, prime contractor, operator and scheduler to ensure driver compliance

RT(VDM) Reg cl. 73 Changing work and rest hours option

265 Emergency services exemption RT(VDM) Reg cl. 115 Exemptions for emergency services

266 Regulator’s power to exempt class of drivers from particular maximum work requirements and minimum rest requirements

RT(VDM) Reg cl.120 Granting an exemption


267 Restriction on grant of work and rest hours exemption (notice)

RT(VDM) Reg cl.117 Work and rest hours exemptions

268 Conditions of work and rest hours exemption (notice)

RT(VDM) Reg cl. 117 Work and rest hours exemptions RT(VDM) Reg cl.122 Conditions of exemptions

269 Period for which work and rest hours exemption (notice) applies



‐

271 Amendment or cancellation of work and rest hours exemption (notice)

RT(VDM) Reg cl.125 Grounds for cancellation—without application

272 Immediate suspension RT(VDM) Reg cl.127 Immediate suspension of accreditation or an individual exemption in public interest

273 Regulator’s power to exempt drivers from particular maximum work requirements and minimum rest requirements

RT(VDM) Reg cl.117 Work and rest hours exemptions

274 Application for work and rest hours exemption (permit)

RT(VDM) Reg cl.119 Applying for an exemption

275 Restriction on grant of work and rest hours exemption (permit

RT(VDM) Reg cl. 120 Granting an exemption

276 Conditions of work and rest hours exemption (permit)

RT(VDM) Reg cl. 122 Conditions of exemptions

277 Period for which work and rest hours exemption (permit) applies


278 Permit for work and rest hours exemption (permit) etc.


279 Refusal of application for work and rest hours exemption (permit)


280 Amendment or cancellation of work and rest hours exemption (permit) on application by permit holder

RT(VDM) Reg cl. 123 Variation or cancellation of accreditation or exemption—on application

281 Amendment or cancellation of work and rest hours exemption (permit) on Regulator’s initiative

RT(VDM) Reg cl.125 Grounds for cancellation—without application RT(VDM) Reg cl.126 Variation or cancellation of accreditation or individual exemption— without application

282 Immediate suspension of work and rest hours exemption (permit)

RT(VDM) Reg cl. 127 Immediate suspension of accreditation or an individual exemption in public interest

283 Minor amendment of work and rest hours exemption (permit

‐

284 Return of permit RT(VDM) Reg cl. 129 Return of accreditation certificate or exemption

285 Replacement of defaced etc. permit RT(VDM) Reg cl. 130 Replacement of lost etc accreditation certificates or exemptions

286 Contravening condition of work and rest RT(VDM) Reg cl. 122 Conditions of exemptions


hours exemption

287 Keeping relevant document while operating under work and rest hours exemption (notice)

RT(VDM) Reg cl. 121 Driver must carry exemption

288 Keeping copy of permit while driving under work and rest hours exemption (permit)


289 What is 100km work and 100+km work RT(VDM) Reg cl. 73A What is 100 km work and 100+ km work?

290 What is a driver’s record location RT(VDM) Reg cl.74 What is a driver’s base

291 Application of div 1 [Requirement to carry work diary]

RT(VDM) Reg cl.75 Driver must carry work diary

292 Meaning of work diary for Sdiv 1 RT(VDM) Reg cl.77 How driver must record information in work diary

293 Driver of fatigue‐regulated heavy vehicle must carry work diary

RT(VDM) Reg cl. 75 Driver must carry work diary

294 Purpose of and definition for Sdiv 2 [Information required to be included in work diary]

RT(VDM) Reg cl. 76 Information that driver must record in work diary

295 National regulations for information to be included in work diary


296 Recording information under the national regulations—general


297 Information required to be recorded immediately after starting work


298 Failing to record information about odometer reading


299 Two‐up driver to provide details RT(VDM) Reg cl. 76 Information that driver must record in work diary

300 Purpose of Sdiv 3 [How information must be recorded in work Diary]

RT(VDM) Reg cl. 77 How driver must record information in work diary

301 Recording information in written work diary


302 Recording information in electronic work diary


303 Time zone of driver’s base must be used RT(VDM) Reg cl. 77 How driver must record information in work diary

304 Application of Sdiv 4 [about work diaries that are filled up etc.]

RT(VDM) Reg cl. 78 Destroyed, lost, stolen or malfunctioning work diaries

305 Driver must make supplementary records in particular circumstances


306 Driver must notify Regulator if written work diary filled up etc.


307 Driver must notify Regulator if electronic RT(VDM) Reg cl. 78 Destroyed, lost, stolen or


work diary filled up etc malfunctioning work diaries

308 What driver must do if lost or stolen written work diary found or returned


309 Driver must notify record keeper if electronic work diary filled up etc.


310 Intelligent access reporting entity must notify record keeper if approved electronic recording system malfunctioning


311 What record keeper must do if electronic work diary filled up

‐

312 What record keeper must do if electronic work diary destroyed, lost or stolen

313 What record keeper must do if electronic work diary not in working order or malfunctioning


314 Subdivision 5 Use of electronic work diaries

RT(VDM) Reg cl.100 How electronic work diary to be operated

315 Subdivision 6 Extended liability of employer etc. for driver’s contravention of particular requirements of this Division

RT(VDM) Reg cl. 80 Duty of employers, prime contractors, operators and schedulers to ensure driver compliance

316 Application of Div 3 [Records relating to drivers]

‐

317 Who is a driver’s record keeper RT(VDM) Reg cl. 39 Definitions

318 Application of Sdiv 2 [Record keeping obligations relating to drivers undertaking 100km work under standard hours]

‐

319 Records record keeper must have RT(VDM) Reg cl. 81 Information that record keeper must record

320 Application of Sdiv 3 [Record keeping obligations relating to drivers undertaking 100+km work under standard hours or operating under BFM hours, AFM hours or exemption hours]

This Subdivision applies in relation to the driver of a fatigue‐regulated heavy vehicle who is—

(a) undertaking 100+km work under standard hours; or

(b) operating under BFM hours, AFM hours or exemption hours.

‐

321 Records record keeper must have RT(VDM) Reg cl.81 Information that record keeper must record

322 General requirements about driver giving

information to record keeper

RT(VDM) Reg cl. 81 Information that record keeper must record

323 Requirements about driver giving information to record keeper if driver changes



record keeper

324 Record keeper must give printouts of information from electronic work diary


325 False or misleading entries RT(VDM) Reg cl. 84 False entries

326 Keeping 2 work diaries simultaneously prohibited

RT(VDM) Reg cl. 85 Keeping 2 work diaries simultaneously prohibited

327 Possession of purported work records etc. prohibited

RT(VDM) Reg cl. 86 Possession of purported work records etc prohibited

328 False representation about work records prohibited

RT(VDM) Reg cl. 88 False representation of work records prohibited

329 Defacing or changing work records etc. prohibited

RT(VDM) Reg cl. 87 Defacing or changing work records etc prohibited

330 Making entries in someone else’s work records prohibited

RT(VDM) Reg cl. 89 Making entries in someone else’s work records prohibited

320 Application of div 3 [Record keeping obligations relating to drivers undertaking 100+km work under standard hours or operating under BFM hours, AFM hours or exemption hours]

‐

321 Records record keeper must have RT(VDM) Reg cl.81 Information that record keeper must record

322 General requirements about driver giving information to record keeper

RT(VDM) Reg cl.81 Information that record keeper must record

323 Requirements about driver giving information to record keeper if driver changes record keeper


324 Record keeper must give printouts of information from electronic work diary


325 False or misleading entries RT(VDM) Reg cl. 84 False entries

326 Keeping 2 work diaries simultaneously prohibited

RT(VDM) Reg cl.85 Keeping 2 work diaries simultaneously prohibited

327 Possession of purported work records etc. prohibited

RT(VDM) Reg cl.86 Possession of purported work records etc prohibited

328 False representation about work records prohibited

RT(VDM) Reg cl.88 False representation of work records prohibited

329 Defacing or changing work records etc. prohibited

RT(VDM) Reg cl. 87 Defacing or changing work records etc prohibited

330 Making entries in someone else’s work records prohibited

RT(VDM) Reg cl. 89 Making entries in someone else’s work records prohibited

331 Destruction of particular work records prohibited

RT(VDM) Reg cl. 90 Destruction of certain work records prohibited

332 Offence to remove pages from written work diary

RT(VDM) Reg cl. 90 Destruction of certain work records prohibited

333 Application of Sdiv 2 [Approved electronic ‐


recording systems]

334 Meaning of tamper RT(VDM) Reg cl. 91 Tampering with electronic work diaries prohibited

335 Person must not tamper with approved electronic recording system

RT(VDM) Reg cl. 91 Tampering with electronic work diaries prohibited

336 Person using approved electronic recording system must not permit tampering with it


337 Intelligent access reporting entity must not permit tampering with approved electronic recording system


338 Form of written work diary RT(VDM) Reg cl. 92 Form of written work diaries

339 Application for written work diary RT(VDM) Reg cl. 93 Issue of written work diaries

340 Issue of written work diary RT(VDM) Reg cl. 93 Issue of written work diaries

341 Period for which, and way in which, records must be kept


342 Application for approval of electronic recording system

RT(VDM) Reg cl. 94 Approval of electronic work diaries

343 Deciding application for approval RT(VDM) Reg cl. 94 Approval of electronic work diaries

344 Steps after decision to grant approval RT(VDM) Reg cl. 94 Approval of electronic work diaries

345 Steps after decision to refuse application RT(VDM) Reg cl. 94 Approval of electronic work diaries

346 Effect of approval RT(VDM) Reg cl. 94 Approval of electronic work diaries

347 Placing electronic work diary label on device

RT(VDM) Reg cl.95 Labelling of electronic work diary devices

348 Particular label indicates device is an approved electronic recording system


349 Effect of electronic work diary label on device

‐

350 Prohibition on using device as electronic work diary if it is not, and is not a part of, an approved electronic recording system


351 Amendment or cancellation of approval on application

RT(VDM) Reg cl. 96 Variation or cancellation of approval—on application

352 Amendment or cancellation of approval on Regulator’s initiative

RT(VDM) Reg cl. 99 Variation or cancellation of approval—without application

353 Minor amendment of approval ‐

354 Requirements if approval amended RT(VDM) Reg cl. 126 Variation or cancellation of approval—without application

355 Requirements if approval cancelled RT(VDM) Reg cl. 97 Removal of electronic work diary approval label

356 Emergency services exemption RT(VDM) Reg cl.115 Exemptions for emergency


services

357 Regulator’s power to exempt particular drivers from work diary requirements

‐

358 Restriction on grant of work diary exemption (notice)

‐

359 Conditions of work diary exemption (notice)

‐

360 Period for which work diary exemption (notice)

‐

362 Amendment or cancellation of work diary exemption (notice)

RT(VDM) Reg cl.126 Variation or cancellation of accreditation or individual exemption— without application RT(VDM) Reg cl. 128 Variation or cancellation of an exemption granted to a class of persons

363 Regulator’s power to exempt driver of fatigue regulated heavy vehicle from work diary requirement

RT(VDM) Reg cl.118 Work diary exemptions

364 Application for work diary exemption (permit)


365 Restriction on grant of work diary exemption (permit)


366 Conditions of work diary exemption (permit)

RT(VDM) Reg cl. 122 Conditions of exemptions

367 Period for which work diary exemption (permit)

applies


368 Permit for work diary exemption (permit) etc.


369 Refusal of application for work diary exemption (permit)


370 Amendment or cancellation of work diary exemption (permit) on application by permit holder

RT(VDM) Reg cl. 123 Variation or cancellation of accreditation or exemption—on application

371 Amendment or cancellation of work diary exemption (permit) on Regulator’s initiative

RT(VDM) Reg cl. 124 Grounds for variation—without application RT(VDM) Reg cl. 125 Grounds for cancellation— without application RT(VDM) Reg cl. 126 Variation or cancellation of accreditation or individual exemption— without application

372 Minor amendment of work diary exemption (permit)

‐

373 Return of permit RT(VDM) Reg cl.129 Return of accreditation certificate or exemption

374 Replacement of defaced etc. permit RT(VDM) Reg cl.130 Replacement of lost etc accreditation certificates or exemptions

375 Contravening condition of work diary RT(VDM) Reg cl.122 Conditions of exemptions


exemption

376 Keeping relevant document while operating under work diary exemption (notice

RT(VDM) Reg cl.121 Driver must carry exemption

377 Keeping permit or copy while operating under work diary exemption (permit)


378 Regulator’s power to exempt record keepers from fatigue record keeping requirements

‐

379 Conditions of fatigue record keeping exemption (notice)

‐

380 Period for which fatigue record keeping exemption (notice) applies

‐


‐

382 Amendment or cancellation of fatigue record keeping exemption (notice)

‐

383 Regulator’s power to exempt record keepers from fatigue record keeping requirements

‐

384 Application for fatigue record keeping exemption (permit)

‐

385 Conditions of fatigue record keeping exemption (permit)

‐

386 Period for which fatigue record keeping exemption (permit) applies

‐

387 Permit for fatigue record keeping exemption (permit) etc.

‐

388 Refusal of application for fatigue record keeping exemption (permit)

‐

389 Amendment or cancellation of fatigue record keeping exemption (permit) on application by permit holder

‐

390 Amendment or cancellation of fatigue record keeping exemption (permit) on Regulator’s initiative

‐

391 Minor amendment of fatigue record keeping exemption (permit)

‐



394 Exemptions from provisions of Division 3 ‐

395 Contravening condition of fatigue record keeping exemption

‐

396 Owner must maintain odometer RT(VDM) Reg cl.79 Malfunctioning odometers


397 Driver must report malfunctioning odometer

RT(VDM) Reg cl.79 Malfunctioning odometers

398 What owner must do if odometer malfunctioning


399 What employer or operator must do if odometer malfunctioning


HVNL Chapter 7 Intelligent Access Program: Current NSW Road Transport Legislation


5 Definitions RT(VDM)A S.3 Definitions

400 Main purposes of Ch 7 ‐

401 What the Intelligent Access Program is RT (MLA) Reg 2005 cl. 72A Application of Part

402 Application of Ch 7 RT (MLA) Reg 2005 cl. 72B Definitions RT (MLA) Reg 2005 72C Condition requiring participation in intelligent access program

403 Definitions for Ch 7 RT(VDM)A S.3 Definitions RT (MLA) Reg 2005 cl. 72ZB Intelligent access audits RT (MLA) Reg 2005 cl 72B definitions

404 Offence to give false or misleading information to intelligent access service provide

RT (MLA) Reg 2005 cl 72J Provision of false or misleading information to service provider by operator RT (MLA) Reg 2005 cl 72K Provision of false or misleading information by service provider

405 Advising vehicle driver of collection of information by intelligent access service provider

RT (MLA) Reg 2005 cl. 72M Driver to be informed about operation of intelligent access system

406 Reporting system malfunctions to Regulator

RT (MLA) Reg 2005 cl. 72E Malfunction reporting obligations

407 Advising driver of driver’s obligations about reporting system malfunctions

‐

408 Reporting system malfunctions to operator

RT (MLA) Reg 2005 cl. 72E Malfunction reporting obligations

409 Powers to collect and hold intelligent access information

RT (MLA) Reg 2005 cl. 72P Collection, storage, use and disclosure of intelligent access information by service providers

410 Collecting intelligent access information RT (MLA) Reg 2005 cl. 72O Information offences by service providers

411 Keeping records of intelligent access information collected

‐

412 Protecting intelligent access information RT (MLA) Reg 2005 cl. 72V Obligations of service providers, TCA and auditors to keep information Secure

413 Making individuals aware of personal information held

RT (MLA) Reg 2005 cl. 72W Information management policies and disclosure to individuals by service providers and TCA

414 Giving individuals access to their personal information


415 Correcting errors etc. RT (MLA) Reg 2005 cl. 72Y Correction of personal


information

416 General restriction on use and disclosure of intelligent access information

RT (MLA) Reg 2005 cl. 72O Information offences by service providers

417 Giving intelligent access auditor access to records

RT (MLA) Reg 2005 cl. 72ZB Intelligent access audits

418 Powers to use and disclose intelligent access information

RT (MLA) Reg 2005 cl. 72P Collection, storage, use and disclosure of intelligent access information by service providers

419 Keeping record of use or disclosure of intelligent access information

RT (MLA) Reg 2005 cl. 72X Records of collection, use and disclosure of information by service providers, TCA and auditors

420 Keeping noncompliance report etc. RT (MLA) Reg 2005 cl. 72O Information offences by service providers

421 Destroying intelligent access information etc.

RT (MLA) Reg 2005 cl. 72O Information offences by service providers

422 Reporting relevant contraventions to Regulator

RT (MLA) Reg 2005 cl. 72I Non‐compliance reports must be made to Authority by service provider

423 Reporting tampering or suspected tampering with approved intelligent transport system

RT (MLA) Reg 2005 cl. 72G Tampering must be reported to Authority by service providers and TCA

424 Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system


425 Functions of TCA ‐

426 Powers to collect and hold intelligent access information

RT (MLA) Reg 2005 cl. 72R Collection, storage, use and disclosure of intelligent access information by TCA

427 Collecting intelligent access information RT (MLA) Reg 2005 cl. 72Q Information offences by TCA

428 Protecting intelligent access information collected

RT (MLA) Reg 2005 cl. 72V Obligations of service providers, TCA and auditors to keep information secure





431 Correcting errors etc RT (MLA) Reg 2005 cl. 72Y Correction of personal information

432 General restriction on use and disclosure of intelligent access information

RT (MLA) Reg 2005 cl. 72Q Information offences by TCA


RT (MLA) Reg 2005 cl. 72R Collection, storage, use and disclosure of intelligent access information by TCA

434 Restriction about intelligent access information that may be used or disclosed

RT (MLA) Reg 2005 cl. 72U Obligations of TCA and auditors as to accuracy and other matters in relation to use or disclosure

435 Keeping record of use or disclosure of RT (MLA) Reg 2005 cl. 72X Records of collection, use


intelligent access information and disclosure of information by service providers, TCA and auditors

436 Keeping noncompliance reports RT (MLA) Reg 2005 cl.72ZA Records to be kept

437 Destroying intelligent access information or removing personal information from it


438 Reporting tampering or suspected tampering with, or malfunction or suspected malfunction of, approved intelligent transport system to Regulator


439 Restriction on disclosing information about tampering or suspected tampering with approved intelligent transport system


440 Powers to collect and hold intelligent access

information

RT (MLA) Reg 2005 cl. 72T Auditors’ powers to collect, store, use and disclose intelligent access information

441 Collecting intelligent access information RT (MLA) Reg 2005 cl. 72S Information offences by auditors

442 Protecting intelligent access information collected






445 Correcting errors etc. RT (MLA) Reg 2005 cl. 72Y Correction of personal information

446 General restriction on use and disclosure of

intelligent access information

RT (MLA) Reg 2005 cl. 72S Information offences by auditors


RT (MLA) Reg 2005 cl. 72T Auditors’ powers to collect, store, use and disclose intelligent access information

448 Restriction about intelligent access information that may be used or disclosed

RT (MLA) Reg 2005 cl. 72U Obligations of TCA and auditors as to accuracy and other matters in relation to use or disclosure

449 Keeping record of use or disclosure of intelligent access information

RT (MLA) Reg 2005 cl. 72X Records of collection, use and disclosure of information by service providers, TCA and auditors

450 Destroying intelligent access information or removing personal information from it


451 Reporting contraventions by intelligent access service providers to TCA

RT (MLA) Reg 2005 cl. 72H Tampering and other matters must be reported by auditors

452 Reporting tampering or suspected tampering with approved intelligent transport system to Regulator or TCA

RT (MLA) Reg 2005 cl. 72H Tampering and other matters must be reported by auditors

453 Restriction on disclosing information about RT (MLA) Reg 2005 cl. 72T Auditors’ powers to


tampering or suspected tampering with approved intelligent transport system

collect, store, use and disclose intelligent access information

454 Offence to tamper with approved intelligent transport system

RT (MLA) Reg 2005 cl. 72F Tampering with intelligent transport systems

455 Regulator may issue intelligent access identifiers

RT (MLA) Reg 2005 cl. 72B Definitions

HVNL Chapter 8 Accreditation: Current NSW Road Transport Legislation

456 Purpose of Ch 8 ‐

457 Definitions for Ch 8 RT(VDM) Reg cl. 109 Applying for AFM accreditation RT(VDM) Reg cl. 103 Applying for BFM accreditation RT(VDM) Reg cl. 39 Definitions

458 Regulator’s power to grant heavy vehicle RT(VDM) Reg cl.102 What is an accreditation RT(VDM) Reg cl.104 Getting BFM accreditation RT(VDM) Reg cl.110 Granting AFM Accreditation RT(MLA) Reg Dictionary RT(VR) Reg Dictionary

459 Application for heavy vehicle accreditation RT(VDM) Reg cl. 103 Applying for BFM accreditation RT(VDM) Reg cl. 109 Applying for AFM accreditation RT(MLA) Reg cl. 68 Application for accreditation RT(VR) Reg cl. 72 Application for accreditation

460 Obtaining criminal history information about applicant

‐

461 Restriction on grant of heavy vehicle accreditation

RT(VDM) Reg cl.104 Granting BFM accreditation RT(VDM) Reg cl.110 Granting AFM Accreditation RT(MLA) Reg cl. 69 Accreditation under Scheme RT(VR) Reg cl. 73 Accreditation under scheme

462 Conditions of heavy vehicle accreditation RT(VDM) Reg cl.105 Conditions of BFM accreditationRT(VDM) Reg cl. 111 Conditions of AFM accreditation RT(MLA) Reg cl. 69 Accreditation under Scheme RT(VR) Reg cl. 73 Accreditation under scheme

463 Period for which heavy vehicle accreditation applies

RT(VDM) Reg cl.104 Granting BFM accreditation

464 Accreditation certificate for heavy vehicle accreditation etc.

RT(VDM) Reg cl.104 Granting BFM accreditation RT(VDM) Reg cl.110 Granting AFM Accreditation

465 Refusal of application for heavy vehicle accreditation

RT(VDM) Reg cl.104 Granting BFM accreditation RT(VDM) Reg cl.110 Granting AFM Accreditation RT(MLA) Reg cl. 69 Accreditation under Scheme RT(VR) Reg cl. 73 Accreditation under scheme

466 Accreditation labels for maintenance management accreditation and mass management accreditation

RT(MLA) Reg cl 70 Accreditation label RT(VR) Reg cl.74 Accreditation label

467 Compliance with conditions of BFM accreditation or AFM accreditation

RT(VDM) Reg cl.105 Conditions of BFM accreditationRT(VDM) Reg cl.111 Conditions of AFM accreditationRT(VDM) Reg cl.106 Driver must carry BFM accreditation documents


RT(VDM) Reg cl.112 Driver must carry AFM accreditation details

468 Driver must carry accreditation details RT(VDM) Reg cl.106 Driver must carry BFM accreditation documents RT(VDM) Reg cl.112 Driver must carry AFM accreditation details

469 Driver must return particular documents if stops operating under accreditation etc.

RT(VDM) Reg cl.106 Driver must carry AFM accreditation documents RT(VDM) Reg cl.112 Driver must carry BFM accreditation documents

470 General requirements applying to operator with heavy vehicle accreditation

RT(VDM) Reg cl.107 Information that operator must record RT(VDM) Reg cl.113 Information that operator must record

471 Operator must give notice of amendment, suspension or ending of heavy vehicle accreditation

RT(VDM) Reg cl.108 Operator must advise of change or end of accreditation RT(VDM) Reg cl.114 Operator must advise of change or end of accreditation

472 Amendment or cancellation of heavy vehicle accreditation on application

RT(VDM) Reg cl.123 Variation or cancellation of accreditation or exemption—on application

473 Amendment, suspension or cancellation of heavy vehicle accreditation on Regulator’s initiative

RT(VDM) Reg cl.124 Grounds for variation—without application RT(VDM) Reg cl.126 Variation or cancellation of accreditation or individual exemption—without application RT(MLA) Reg cl 71 Variation, suspension and cancellation of accreditation RT(VR) Reg cl. 75 Variation, suspension and cancellation of accreditation

474 Immediate suspension of heavy vehicle accreditation

RT(VDM) Reg cl.125 Immediate suspension of accreditation or an individual exemption in public interest

475 Minor amendment of heavy vehicle accreditation

‐

476 Return of accreditation certificate RT(VDM) Reg cl.129 Return of accreditation certificate or exemption

477 Replacement of defaced etc. Accreditation certificate

RT(VDM) Reg cl.130 Replacement of lost etc accreditation certificates or exemptions

478 Offences relating to auditors RT(VDM) Reg cl.132 Offences relating to auditors

HVNL Chapter 9 Enforcement: Current NSW Road Transport Legislation

479 Functions of authorised officers RTA s.166 authorised officers [appointment] [formerly RTGA ss 121 and 128].

480 Application of Div 2 [appointment} ‐

481 Appointment and qualifications RTA s.166 authorised officers

482 Appointment conditions and limit on powers

Road Transport Act 2013 (RTA) s.167 (formerly RT Gen Act s.122)

483 When office ends ‐

484 Resignation ‐


485 Application of Div 3 ‐

486 Issue of identity card RTA s.168 (formerly RTGA) s.124)

487 Production or display of identity card RTA s.169 (formerly RTGA s.125)

488 Return of identity card RTA s.170 (formerly RTGA s.126)

489 References to exercise of powers ‐

490 Reference to document includes reference to reproduction from electronic document

‐

491 Use of force against persons RT (VDM) A s.163 Power to use force against persons to be exercised only by police officers

492 Use of force against property RT(VDM)A s.147(8) Power to inspect premises

493 Exercise of functions in relation to light vehicles

‐

494 Definitions for Pt 9.2 RT(VDM)A s.147(1) Power to inspect premises

RT(VDM)A s.149 Residential purposes

496 General powers after entering relevant place

RT(VDM)A s.147(7) Power to inspect premises

497 General power to enter places RT(VDM)A s.148 Power to search premises

498 Power to enter a place if evidence suspected to be at the place

RT(VDM)A s.148 Power to search premises

499 Power to enter particular places if incident involving death, injury or damage

RT(VDM)A s.148 Power to search premises

500 General powers after entering a place RT(VDM)A s.3 Definitions

s.148(9) Power to search premises

and s.161 Receipt for and access to seized material

501 Application of Div 4

502 Incidental entry to ask for access RT(VDM)A s.148 Power to search premises s.164 Consent

503 Matters authorised officer must tell occupier

RT(VDM)A s.164 Consent

504 Consent acknowledgement ‐

505 Procedure for entry with consent ‐

506 Application for warrant RT(VDM)A s. 157 Warrants

507 Issue of warrant RT(VDM)A s. 157 Warrants

508 Application by electronic communication and duplicate warrant

‐

509 Defect in relation to a warrant Law Enforcement (Powers and Responsibilities) Act 2002 (LE(PR)A) s.76 Defects in warrants

510 Procedure for entry under warrant LE(PR)A s.68 Announcement before entry and s. 69 Duty to show warrant

511 Application of Pt 9.3 RT(VDM)A s. 135 Application of Division [Directions to stop, move or leave vehicles or combinations]

512 Persons who are drivers for this Part ‐


513 Direction to stop heavy vehicle to enable exercise of other powers

RT(VDM)A s.136 Direction to stop vehicle or combination: to enable exercise of other powers s. 140 Manner of giving directions under this Division

514 Direction not to move or interfere with heavy vehicle etc. to enable exercise of other powers

RT(VDM)A s.136 Direction to stop vehicle or combination: to enable exercise of other powers s. 140 Manner of giving directions under this Division

515 Definition for Div 3 Moving heavy vehicle RT(VDM)A s. 132 Meaning of unattended vehicle or combination and driver of disconnected trailer

516 Direction to move heavy vehicle to enable exercise of other powers

RT(VDM)A s. 137 Direction to move vehicle or combination: to enable exercise of other powers

517 Direction to move heavy vehicle if causing harm etc.

RT(VDM)A s.138 Direction to move vehicle or combination: where danger or obstruction

518 Moving unattended heavy vehicle on road to exercise another power

RT(VDM)A s.141 Moving unattended vehicle or combination: to enable exercise of other functions

519 Moving unattended heavy vehicle on road if causing harm etc.

RT(VDM)A s.142 Moving unattended or broken down vehicle or combination: where danger or obstruction

520 Power to enter and inspect heavy vehicles for monitoring purposes

RT(VDM)A s.144 Power to inspect vehicle or combination on a road, public place or certain official premises

521 Power to enter and search heavy vehicle involved, or suspected to be involved, in an offence etc.

RT(VDM)A s.145 Power to search vehicle or combination on a road, public place or certain official premises

522 Power to order presentation of heavy vehicles for inspection

‐

523 Starting or stopping heavy vehicle engine RT(VDM)A s.153 Direction to provide reasonable assistance for powers of inspection and search

524 Direction to leave heavy vehicle RT(VDM)A s.139 Direction to leave vehicle or combination

525 Definitions for Div 6 [Further powers in relation to heavy vehicles concerning heavy vehicle standard]

RTA s.4 Definitions; RT(VR)Regulation cl. 70 Issue of defect notices and formal warnings

526 Issue of vehicle defect notice RT(VR)R cl.70 Issue of defect notices and formal warnings

527 Requirements about vehicle defect notice RT(VR) R cl.70 Issue of defect notices and formal warnings (2) (a)‐(j)

528 Defective vehicle labels RT(VR) R cl.70 Issue of defect notices and formal warnings (3)

529 Using defective heavy vehicles contrary to vehicle defect notice

RT(VR)R cl. 84 Use of vehicle offences (2)

530 Clearance of vehicle defect notices RT(VR)R cl.71 Recording, clearance and withdrawal of vehicle defect notices (3)

531 Amendment or withdrawal of vehicle defect notices

RT(VR)R cl.71 Recording, clearance and withdrawal of vehicle defect notices (3)(7)

532 Application of Div 7 [Further powers in RT(VDM)A s.52 Application of Division in relation to


relation to heavy vehicles concerning mass, dimension or loading requirement].

other directions

533 Powers for minor risk breach of mass, dimension or loading requirement

RT(VDM)A s.45 Minor risk breaches

534 Powers for substantial risk breach of mass, dimension or loading requirement

RT(VDM)A s.46 Substantial risk breaches

535 Powers for severe risk breach of mass, dimension or loading requirement

RT(VDM)A s.47 Severe risk breaches

536 Operation of direction in relation to a combination

‐

538 Requiring driver to rest for contravention of maximum work requirement

RT(VDM)A s.154A Directions relating to driver fatigue

539 Requiring driver to rest for contravention of minimum rest requirement

RT(VDM)A s.154A Directions relating to driver fatigue (2)

540 Requiring driver to stop working if impaired by fatigue


541 Requiring driver to stop working if work diary not produced or unreliable


542 Compliance with requirement under this Division

Various.

543 Power to use equipment to access information

RT(VDM)A s.159 Use of equipment to examine or process things

544 Power to use equipment to examine or process a thing

RT(VDM)A s.159 Use of equipment to examine or process things

545 Seizing evidence at a place that may be entered without consent or warrant

RT(VDM)A s.148 Power to search (11) Power of seizure

546 Seizing evidence at a place that may be entered only with consent or warrant

RT(VDM)A s.148 Power to search (2) Power to search

547 Seizing evidence in a heavy vehicle entered under s.521

RT(VDM)A ‐145 Power to search vehicle or combination on a road, public place or certain official premises (8) Power of seizure

548 Additional seizure power relating to information stored electronically

RT(VDM)A s.160 Use or seizure of electronic equipment

549 Seizing thing or sample taken for examination under s500

RT(VDM) A s.148 Power to search (9)(c) What power includes

550 Seizure of property subject to security ‐

551 Seizure of number plates RTA s.81 Seizure of number‐plate

552 Restriction on power to seize certain things

‐

553 Requirement of person in control of thing to be seized

‐


554 Receipt for seized thing or sample RT(VDM)A s.61 Receipt for and access to seized material

555 Access to seized thing RT(VDM)A s.61 Receipt for and access to seized material

556 Return of seized things or samples ‐

557 Power to issue embargo notice RT(VDM)A s. 162 Embargo notices

558 Noncompliance with embargo notice RT(VDM)A s. 162 Embargo notices

559 Power to secure embargoed thing ‐

561 Power to forfeit particular things or samples

‐

562 Information notice for forfeiture decision ‐

563 Forfeited or transferred thing or sample becomes property of the Regulator

‐

564 How property may be dealt with ‐

565 Third party protection ‐

566 National regulations ‐

567 Power to require name, address and date of birth

RT(VDM)A s.151 Direction to give name and other personal details in cases relating to heavy vehicle offence

568 Power to require production of document etc. required to be in driver’s possession

RT(VDM)A s.150 Direction to produce records, devices or other things

569 Power to require production of documents etc. generally

RT(VDM)A s. 150 Direction to produce records, devices or other things

570 Power to require information about heavy vehicles

RT(VDM)A s.152 Direction to provide information

571 Authorised officers to whom Division applies

RT(VDM)A s.99 Definition

572 Improvement notices RT(VDM)A s.100 Improvement notices

573 Contravention of improvement notice RT(VDM)A s.101 Contravention of improvement notice

574 Amendment of improvement notice RT(VDM)A s.102 Amendment of improvement notices

575 Revocation of an improvement notice RT(VDM)A s.103 Cancellation of improvement notices

576 Clearance certificate RT(VDM)A s.104 Clearance certificates

577 Power to require reasonable help RT(VDM)A s. 153 Direction to provide reasonable assistance for powers of inspection and search

578 Duty to minimise inconvenience or damage

‐

579 Restoring damaged thing RT(VDM)A s.166 Restoring vehicle, combination or premises to original condition after action taken

580 Notice of damage ‐

581 Compensation because of exercise of powers

‐


582 Duty to record particular information in driver’s work diary

RT(VDM)Reg cl.141 Duty of officers to annotate driver’s work diary

583 Regulator may exercise powers of authorised officers

RTA s.166 [formerly RT G A s.128]

584 Obstructing authorised officer RTA s.173 Offences‐‐obstructing, hindering or impersonating authorised officer [formerly RTGA s.169].

585 Impersonating authorised officer RTA 173 Offences‐‐obstructing, hindering or impersonating authorised officer [formerly RTGA s.170]

586 Multiple requirements RT(VDM)A s.165 Directions may be given under more than one provision

587 Compliance with particular requirements RT(VDM)A s.167 Protection from incrimination

588 Evidential immunity for individuals complying with particular requirements

RT(VDM)A s.167 Protection from incrimination

589 Effect of withdrawal of consent to enter under this Chapter

RT(VDM)A s.164 Consent

‐ Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 s.26 Requirement for driver of heavy motor vehicle to produce Australian driver licence

‐ RTA s.175 [formerly RTGA s.171] Requirement for driver or rider to produce Australian driver licence and state name and address

HVNL Chapter 10 Sanctions and Provisions about Liability for Offences: Current NSW Road Transport Legislation 590 Formal warning RT (V&DM) Act s. 105 Formal warnings

RT (V&DM) Act s.106 Withdrawal of formal warnings

591 Infringement notices Road Transport Act 2013 Part 7.3 Division 3

592 Recording information about infringement penalties

‐

593 Penalties court may impose ‐

594 Matters court must consider when imposing sanction for noncompliance with mass, dimension or loading requirement

RT (V&DM) Act s. 60 Matters to be taken into consideration by courts

595 Court may treat noncompliance with mass, dimension or loading requirement as a different risk category

RT (V&DM) Act s.61 Default categorisation

596 Body corporate fines under penalty provision

RT (V&DM) Act s. 59 Penalty levels: offences referred to in Table to Division

597 Commercial benefits penalty order RT (V&DM) Act s. 107 Commercial benefits penalty orders

598 Power to cancel or suspend vehicle registration

RT (V&DM) Act s. 108 Power to affect vehicle registration

599 Application of Div 5 [supervisory intervention orders]

RT (V&DM) Act s. 109 Supervisory intervention orders


600 Court may make supervisory intervention order


601 Limitation on making supervisory intervention order


602 Supervisory intervention order may suspend other sanctions


603 Amendment or revocation of supervisory intervention order


604 Contravention of supervisory intervention order

RT (V&DM) Act s.112 Contravention of prohibition order

605 Effect of supervisory intervention order if prohibition order applies to same person

RT (V&DM) Act s. 98 Penalties imposed by courts

606 Application of Div 6 [Prohibition orders] ‐

607 Court may make prohibition order RT (V&DM) Act s.111 Prohibition orders

608 Limitation on making prohibition order RT (V&DM) Act s.111 Prohibition orders

609 Amendment or revocation of prohibition order

RT (V&DM) Act s.111 Prohibition orders

610 Contravention of prohibition order RT (V&DM) Act s.112 Contravention of prohibition order

611 Court may make compensation order RT Act s. 229 Compensation orders for damage to road infrastructure

612 Assessment of compensation RT Act s. 230 Assessment of compensation

613 Use of certificates in assessing compensation

RT Act s. 230 Assessment of compensation

614 Limits on amount of compensation RT Act s. 232 Limits on amount of compensation

615 Costs RT Act s. 233 Costs

616 Enforcement of compensation order and costs

RT Act s. 234 Enforcement of compensation order and costs

617 Relationship with orders or awards of other courts and tribunals

RT Act s. 235 Relationship with orders or awards of other courts and tribunals

618 Reasonable steps defence RT (V&DM) Act s. 88 Reasonable steps defence for other mass, dimension and load restraint requirements RT (V&DM) Reg cl. 41 What is the “reasonable steps defence”

619 Application of Div 2 [Matters relating to reasonable steps]

‐

620 Matters court may consider for deciding whether person took all reasonable steps—mass, dimension or loading offences

RT (V&DM) Act s. 88 Reasonable steps defence for other mass, dimension and load restraint requirements

621 Reliance on container weight declaration—offences about mass

RT (V&DM) Act s. 89 Reasonable steps defence—reliance on container weight declaration

622 Matters court may consider for deciding whether person took all reasonable steps—

RT (V&DM) Reg cl. 40 Matters court may consider for deciding whether person took all reasonable


speeding or fatigue management offences steps and other matters relating to offences

623 When particular persons regarded to have taken all reasonable steps—speeding or fatigue management offences

RT (V&DM) Reg cl. 53 Duty to assess and manage fatigue of drivers

624 Regulation for s 623 ‐

625 Proof of compliance with registered industry code of practice

‐

626 Definition for Div 3 [other defences] ‐

627 Defence for owner or operator of vehicle if offence committed while vehicle used by unauthorised person

RT (V&DM) Act s. 92 Special defence for all owners or operators

628 Defence for driver of vehicle subject to a deficiency

RT (V&DM) Act s. 94 Special defence for drivers

629 Defence of compliance with direction RT (V&DM) Act s. 95 Special defence of compliance with direction

630 Sudden or extraordinary emergency RT (V&DM) Act s. 84 Sudden or extraordinary emergency

631 Lawful authority RT (V&DM) Act s. 85 Lawful authority

632 Deciding whether person ought reasonably to have known something

RT (V&DM) Act s. 88 Reasonable steps defence for other mass, dimension and load restraint requirements

633 Multiple offenders RT Act s. 180 Multiple offenders for applicable road law offence

634 Multiple offences RT Act s. 181 Double Jeopardy

635 Responsibility for acts or omissions of representative

RT (V&DM) Act s. 178 Liability of directors, partners, employers and others for offences by bodies corporate, partnerships, associations and employees

636 Liability of executive officers of corporation

RT Act s. 182 Liability of directors etc for offences by corporation—accessory to commission of offences

637 Treatment of unincorporated partnerships RT (V&DM) Act s. 178 Liability of directors, partners, employers and others for offences by bodies corporate, partnerships, associations and employees

638 Treatment of other unincorporated bodies RT (V&DM) Act s. 178 Liability of directors, partners, employers and others for offences by bodies corporate, partnerships, associations and employees

639 Liability of registered operator RT (V&DM) Act s. 80 Liability of registered operators and owners

HVNL Chapter 11 Reviews and Appeals: Current NSW Road Transport Legislation 640 Definitions for Ch 11 n/a

641 Applying for internal review “

642 Stay of reviewable decisions made by Regulator or authorised officer

“

643 Referral of applications for review of decisions made by road managers

“

644 Internal review “

645 Review decision “


646 Notice of review decision “

647 Appellable decisions “

648 Stay of review decision “

649 Powers of relevant appeal body on appeal “

650 Effect of decision of relevant appeal body on appeal

“

HVNL Chapter 12 Administration: Current NSW Road Transport Legislation 651 Policy directions ‐

652 Referral of matters etc. by responsible Minister

‐

653 Approved guidelines for exemptions, authorisations, permits and other authorities

‐

654 Other approvals ‐

655 How responsible Ministers exercise functions

‐

656 Establishment of National Heavy Vehicle Regulator

‐

657 Status of Regulator ‐

658 General powers of Regulator ‐

659 Functions of Regulator ‐

660 Cooperation with participating jurisdictions and Commonwealth

‐

661 Delegation ‐

662 Establishment of National Heavy Vehicle Regulator Board

‐

663 Membership of Board ‐

664 Functions of Board ‐

665 Terms of office of members ‐

666 Remuneration ‐

667 Vacancy in office of member ‐

668 Board member to give responsible Ministers notice of

certain events

‐

669 Extension of term of office during vacancy in membership

‐

670 Members to act in public interest ‐

671 Disclosure of conflict of interest ‐

672 General procedure ‐

673 Quorum ‐


674 Chief executive officer may attend meetings

‐

675 Presiding member ‐

676 Voting ‐

677 Minutes ‐

678 First meeting ‐

679 Defects in appointment of members ‐

680 Committees ‐

681 Chief executive officer ‐

682 Functions of chief executive officer ‐

683 Delegation by chief executive officer ‐

684 Staff ‐

685 Staff seconded to Regulator ‐

686 Consultants and contractors ‐

687 National Heavy Vehicle Regulator Fund ‐

688 Payments into Fund ‐

689 Payments out of Fund ‐

690 Investment by Regulator ‐

691 Financial management duties of Regulator ‐

692 Amounts payable to other entities ‐

693 Annual report ‐

694 Other reports ‐

695 Corporate plans ‐

696 Application of particular Queensland Acts to this Law

‐

697 General duties of persons exercising functions under this Law

‐

698 Protection from personal liability for persons exercising Regulator’s or Board’s functions under this Law

‐

HVNL Chapter 13 General: Current NSW Road Transport Legislation 699 Discrimination against or victimisation of employees

RT (V&DM)Act s. 116 Dismissal or other victimisation of employee or contractor assisting with or reporting breaches

700 Order for damages or reinstatement RT (V&DM)Act s. 116 Dismissal or other victimisation of employee or contractor assisting with or reporting breaches

701 False or misleading statements RT (V&DM)Act s.118 False or misleading information provided to responsible persons


702 False or misleading documents RT (V&DM)Act s.118 False or misleading information provided to responsible persons

703 False or misleading information given by responsible person to another responsible person

RT (V&DM)Act s.118 False or misleading information provided to responsible persons

704 Offence to falsely represent that heavy vehicle authority is held etc

RT(V&DM) Reg cl. 131 Offence to falsely represent that accreditation etc held

705 Guidelines for industry codes of practice ‐

706 Registration of industry codes of practice ‐

707 Proceedings for offences RT Act 2013 s.200 Proceedings for offences

708 Proof of appointments unnecessary RT Act 2013 s.258 Proof of appointments and signatures unnecessary

709 Proof of signatures unnecessary RT Act 2013 s.258 Proof of appointments and signatures unnecessary

710 Averments RT Act 2013 s.260 Averments

711 Evidence by certificate by Regulator generally

RT Act 2013 s.257 Certificate evidence

712 Evidence by certificate by road authority RT Act 2013 s.257 Certificate evidence

713 Evidence by certificate by Regulator about matters stated in or worked out from records

RT Act 2013 s.257 Certificate evidence

714 Evidence by certificate by authorised officer about instruments

RT Act 2013 s.261 Evidence regarding measuring and weighing

715 Challenging evidence by certificate ‐

716 Evidence by record about mass RT Act 2013 s. 262 Evidence regarding weighing

717 Manufacturer’s statements RT Act 2013 s. 263 Evidence regarding manufacturer’s ratings

718 Measurement of weight on tyre ‐

719 Transport and journey documentation RT Act 2013 s. 265 Transport documentation and journey documentation

720 Evidence not affected by nature of vehicle ‐

721 Certificates of TCA RT(MLA) Reg cl.72ZD Certificate evidence by TCA

722 Approved intelligent transport system RT(MLA) Reg cl.72ZC Certificate evidence by Authority of matters relating to concessions and intelligent access information and other matters

723 Evidence as to intelligent access map ‐

724 Reports and statements made by approved intelligent transport system

RT(MLA) Reg cl. 72ZF Evidentiary matters relating to reports

725 Documents produced by an approved electronic recording system

RT (V&DM) Reg cl.101 Admissibility of documents produced by an electronic work diary

726 Statement by person involved with use or maintenance of approved electronic recording system

RT (V&DM) Reg cl.101 Admissibility of documents produced by an electronic work diary


727 Definitions for Pt 13.4 [Protected information]

‐

728 Duty of confidentiality ‐

729 Protected information only to be used for authorised use

‐

730 National regulations ‐

731 National regulations for approved vehicle examiners

‐

732 National regulations for publication of agreements for services to States or Territories

‐

733 Publication of national regulations ‐

734 Scrutiny of national regulations ‐

735 Approved forms RT Act Schedule 1 Examples of statutory rule‐making powers Cl. 15 Forms

736 Penalty at end of provision ‐

737 Increase of penalty amounts ‐

738 Service of documents RT Act s.276 Service of documents on persons generally

739 Service by post RT Act s.276 Service of documents on persons generally

740 Fees RT Act Schedule 1 Examples of statutory rule‐making powers Cl. 14 Fees

741 Recovery of amounts payable under Law Road Transport Act 2013 s.274 Unpaid fees and charges

742 Contracting out prohibited RT (V&DM) Act s.9 Contracting out prohibited

743 Other powers not affected ‐