Victorian Numbered Acts

TRANSPORT LEGISLATION (AMENDMENT) ACT 2004 (NO 110 OF 2004) - SECT 22

    (1)     In section 3(1) of the Road Safety Act 1986 insert the following definitions—

' "approved road transport compliance scheme" means a scheme, agreement or arrangement that—

        (a)     is prescribed by the regulations; or

        (b)     is identified by, or is of a class identified by, the regulations—

and that makes provision for compliance with a road or transport law or a non-Victorian road or transport law;

Example

A scheme, agreement or arrangement that provides for a system of accreditation-based compliance or for a system involving the use of an intelligent transport system.

"associate" has the meaning set out in section 194;

"Australian road or transport law" means a road or transport law or a non-Victorian road or transport law;

"Australian road or transport law offence" means an offence against an Australian road or transport law;

"authorised officer" means a person authorised in writing by the Corporation or the Secretary under section 112;

"body corporate" includes the Crown in any capacity and any body or entity that is not an individual;

"consignee" has the meaning set out in section 176;

"consignor" has the meaning set out in section 171;
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"container weight declaration" has the meaning set out in section 183, and includes a copy of such a declaration;

"corresponding Authority" means any body outside Victoria that has any functions in relation to roads, vehicles or transport that correspond with any of the functions of the Corporation;

"drive" includes to be in control of a vehicle;

"driver" of a vehicle includes—

        (a)     a two-up driver of the vehicle who is present in or near the vehicle; and

        (b)     a person who is driving the vehicle as a driver under instruction or under an appropriate learner permit;

"driver base" has the meaning set out in section 108;

"engage in conduct" means—

        (a)     do an act; or

        (b)     omit to do an act;

"equipment" , in relation to a vehicle or combination, includes tools, devices and accessories in or on the vehicle or combination;

"freight container" means—

        (a)     a re-usable container of the kind mentioned in Australian/New Zealand Standard AS/NZS 3711.1:2000, Freight containers—Classification, dimensions and ratings , that is designed for repeated use for the transport of goods by one or more modes of transport; or

        (b)     a re-usable container of the same or a similar design and construction to a container referred to in paragraph (a) though of different dimensions; or

        (c)     a container of a kind specified by the regulations for the purposes of this definition—

but does not include anything declared by the regulations to be excluded from this definition;

"garage address" of a heavy vehicle means—

        (a)     in the case of a vehicle that is normally kept at a depot or base of operations when not in use—the principal depot or base of operations of the vehicle; or

        (b)     in the case of a vehicle that is normally kept on a highway when not in use—

              (i)     where the vehicle has only one registered operator—the home address of the registered operator; or

              (ii)     where the vehicle has more than one registered operator—the home address of the registered operator whose home address is nearest the highway where it is kept; or

        (c)     in any other case, the place nominated by the applicant for registration as the place where the vehicle is normally kept;

"goods" includes animals (whether dead or alive) and containers (whether empty or not), but does not include people or fuel, water, lubricants, tools and other equipment or accessories that are necessary for the normal operation of the vehicle in which they are carried and that are not carried as cargo;

"inspector" means an authorised officer or a member of the police force;

"intelligent transport system" means a system involving the use of electronic or other technology (whether located in or on a vehicle or elsewhere) that has the capacity to monitor, collect, store, display, analyse or transmit information relating—

        (a)     to a vehicle or its equipment or load, the driver of a vehicle, the operator of a fleet of vehicles or another person involved in road transport; and

        (b)     without limiting paragraph (a), to the operation of a vehicle in relation to its legal entitlements;

"journey documentation" means any documentation (other than transport documentation) directly or indirectly associated with—

        (a)     the actual or proposed physical transport of goods or passengers by road or any previous transport of the goods or passengers by any mode; or

        (b)     goods or passengers themselves so far as the documentation is relevant to their actual or proposed physical transport—

whether or not the documentation has been transmitted physically, electronically or in any other manner and whether or not the documentation relates to a particular journey or to journeys generally;
s. 22

Example

The following are examples of journey documentation—

        (a)     documents kept or used or obtained by a responsible person in connection with the transport of goods or passengers;

        (b)     workshop, maintenance and repair records relating to a vehicle used, or claimed to be used, for the transport of goods or passengers;

        (c)     a subcontractor's payment advice relating to goods or passengers or the transport of goods or passengers;

        (d)     documents kept or used or obtained by the driver of the vehicle used, or claimed to be used, for the transport of goods or passengers, such as a driver's run sheet, a log book entry, a fuel docket or receipt, a food receipt, a tollway receipt, pay records and mobile or other phone records;

        (e)     information reported through the use of an intelligent transport system;

        (f)     driver manuals and instruction sheets;

        (g)     advice in any form from check weighing carried out before, during or after a journey.

"legal entitlements" of a vehicle means the details of the authority, conferred by or under a relevant law or scheme, that entitles it to be operated for the transport of goods or passengers by road, and includes any entitlements arising under or affected—

        (a)     by a permit, authorisation, approval, exemption, notice or anything else given or issued under that law or scheme; or

        (b)     by restrictions, or by the application of restrictions, under a relevant law or scheme or other laws;

Example

Examples of restrictions in paragraph (b) include sign-posted mass limits for bridges and hazardous weather condition permits.

"load" , in relation to a vehicle, means—

        (a)     all the goods, passengers and drivers in or on the vehicle; and

        (b)     all fuel, water, lubricants and readily removable tools and equipment carried in or on the vehicle and required for its normal operation; and

        (c)     anything that is used to enable goods or passengers to be carried in or on the vehicle and that is not part of the vehicle; and

        (d)     personal items used by a driver of the vehicle; and

        (e)     anything that is normally removed from the vehicle when not in use—

and includes a part of a load;

"loader" has the meaning set out in section 173;

"mass, dimension or load restraint limit or requirement" is any of the following as defined in Division 2 of Part 10: a mass limit, a width limit, a length limit, a height limit or a load restraint requirement;

"mass limit" has the meaning set out in section 153;

"night" means the period between sunset on one day and sunrise on the next day;

"non-Victorian road or transport law" means a law of an Australian jurisdiction other than Victoria—

        (a)     that regulates, in that jurisdiction, the same conduct that a road or transport law regulates in Victoria; or

        (b)     that is specified as a law for the purposes of this definition by the regulations;

"operator" has the meaning set out in section 195;

"package" of goods means the complete product of the packing of the goods for transport by road, consisting of the goods and their packaging;

"packaging" of goods means the container (including a freight container) in which the goods are received or held for transport by road, and includes anything that enables the container to receive or hold the goods or to be closed;

"packer" has the meaning set out in section 172;

"passenger" , in relation to a vehicle, does not include the driver of the vehicle, a two-up driver of the vehicle or any person necessary for the normal operation of the vehicle;

"premises" includes any structure, building, vessel or place (whether built on or not), and any part of any such structure, building, vessel or place;

"reasonable steps defence" has the meaning set out in section 179;

"responsible person" means any person having, at a relevant time, a role or responsibilities associated with road transport, and includes any of the following—

        (a)     an owner of a heavy vehicle;

        (b)     a driver, including a two-up driver, of a heavy vehicle;

        (c)     an operator or registered operator of a heavy vehicle;

        (d)     a person in charge, or apparently in charge, of a heavy vehicle;

        (e)     a person in charge, or apparently in charge, of the garage address of a heavy vehicle or the driver base of a heavy vehicle;

        (f)     a person appointed under an approved road transport compliance scheme to have monitoring or other responsibilities under the scheme, such as responsibilities for certifying, monitoring or approving heavy vehicles under the scheme;

        (g)     an operator of an intelligent transport system;

        (h)     a person who consigns goods for transport by road;

              (i)     a person who packs goods in a freight container or other container or in a package or on a pallet for transport by road;

        (j)     a person who loads goods or a container on a heavy vehicle for transport by road;

        (k)     a person who unloads goods, or a container containing goods, consigned for transport by road;

        (l)     a person to whom goods are consigned for transport by road;

        (m)     a person who receives goods packed outside Australia in a freight container or other container or on a pallet for transport by road in Australia;

        (n)     an owner or operator of a weighbridge or other weighing facility used to weigh heavy vehicles or an occupier of premises where such a weighbridge or weighing facility is located;

        (o)     a person who consigned, or arranged for, or offered, a freight container to be transported by road;

        (p)     a person who controls, or directly influences, the loading or operation of a heavy vehicle;

        (q)     an agent, employer, employee or sub-contractor of any person referred to in the preceding paragraphs of this definition;

"road infrastructure" includes—

        (a)     a road, including its surface or pavement; and

        (b)     anything under or supporting a road or its surface or pavement and maintained by a road authority; and

        (c)     any bridge, tunnel, causeway, road-ferry, ford or other work or structure forming part of a road system or supporting a road; and

        (d)     any bridge or other work or structure located above, in or on a road and maintained by a road authority; and

        (e)     any traffic control devices, railway or tramway equipment, electricity equipment, emergency telephone systems or any other facilities (whether of the same or a different kind) in, on, over, under or connected with anything referred to in paragraphs (a)–(d); and

        (f)     anything declared by the regulations to be included in this definition;

but does not include anything declared by the regulations to be excluded from this definition;

"road or transport law" means—

        (a)     this Act;

        (b)     the Transport Act 1983 ;

        (c)     any regulation made under this Act or the Transport Act 1983 ;

"road or transport law offence" means an offence against a road or transport law;

"transport documentation" means—

        (a)     any contractual documentation directly or indirectly associated with—

              (i)     a transaction for, or relating to, the actual or proposed transport of goods or passengers by road or any previous transport of the goods or passengers by any mode; or

              (ii)     goods or passengers themselves so far as the documentation is relevant to their actual or proposed transport; or

        (b)     any associated documentation—

              (i)     contemplated in the contractual documentation; or

              (ii)     required by law, or customarily provided, in connection with the contractual documentation or with the transaction—

whether or not the documentation has been transmitted physically, electronically or in any other manner;

Example

Examples of transport documentation include an invoice, delivery order, consignment note, load manifest, vendor declaration, export receival advice, bill of lading, contract of carriage, sea carriage document, and container weight declaration, relating to goods or passengers.

"two-up driver" means a person who—

        (a)     shares with another person the driving of a heavy vehicle; and

        (b)     travels as a passenger on the vehicle whilst the other person is driving the vehicle;'.

    (2)     In section 3(1) of the Road Safety Act 1986 , for the definition of "heavy vehicle" substitute —

' "heavy vehicle" means a motor vehicle or trailer that has a GVM greater than 4·5 tonnes, and includes—

        (a)     any other vehicle that is physically connected to the heavy vehicle (even if that other vehicle is not a heavy vehicle); and

        (b)     a bus that is used, or that is intended to be used, to carry passengers for reward or in the course of a business;'.