ACT Numbered Regulations - Explanatory Statements ACT Numbered Regulations - Explanatory Statements[Index] [Search] [Download] [Related Items] [Help]
ROAD TRANSPORT LEGISLATION AMENDMENT REGULATIONS 2004 (NO 1) (NO 47 OF 2004)
2004
THE LEGISLATIVE
ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
ROAD TRANSPORT LEGISLATION
AMENDMENT REGULATIONS 2004 (NO 1)
SL2004 47
EXPLANATORY
STATEMENT
Circulated by authority
of
Jon Stanhope MLA
A/g Minister for Urban
Services
AUSTRALIAN CAPITAL TERRITORY
ROAD TRANSPORT
LEGISLATION
AMENDMENT REGULATIONS 2004 (NO
1)
EXPLANATORY STATEMENT
Overview
The Road Transport Legislation Amendment
Regulations 2004 (No 1) update a number of regulations to improve the
administration of the Road Transport legislation.
In particular, these
regulations:
(a) Allow driving instruction vehicles to be fitted with a
dual control accelerator;
(b) Amend or delete a number of items in the
Service Standard Schedules for bus and taxi accreditation, as they have been
found unnecessary for an effective accreditation regime;
(c) Provide that
certain new models of speed measuring devices are approved laser speed measuring
devices;
(d) Modify references to radar devices and testing authorities as a
result of operational changes;
(e) Facilitate the use of new mediums to
store digital camera images; and
(f) Include various other technical
amendments to adopt changed requirements or to bring the regulations into line
with current drafting practice.
This is a formal provision which sets out the name of the amending
Regulations.
This regulation provides for the commencement of the regulations the day
after their notification day.
This regulation specifies that Part 2 of the amending Regulations amends the
Road Transport (Driver Licensing) Regulations 2000.
This regulation brings regulations 3 and 4 dealing with the dictionary and
notes in the regulations into line with current drafting practice. It also
clarifies that the Criminal Code applies to certain offences under the
regulations, such as the offence of driving a vehicle that has a foot-operated
accelerator on the passenger side (regulation 12 refers).
Regulations
5 to 9
These regulations make minor changes in line with current drafting
practice. Regulation 7 clarifies that an applicant for a public vehicle licence
must have undertaken an approved training course within the 1-year period before
the application is made.
Regulations 9, 10 and 11 – Regulation
114(1)(c) and (d) and regulation 114(2)
These amendments clarify that the
requirement to have a dual control vehicle does not apply to a driving
instructor if the vehicle is provided by the person being instructed or
assessed.
The purpose of this new regulation is to allow driving instruction vehicles
to be fitted with a dual control accelerator, to assist in the teaching of
students. A dual control accelerator is currently not permitted in driving
instruction vehicles.
This new regulation makes it an offence for a
person to drive a vehicle that has a foot-operated accelerator on the passenger
side, subject to the following exceptions:
• The person is under
driving instruction;
• The accelerator is inoperable; or
• The
vehicle has full dual controls.
The offence is a strict liability offence
and there is a maximum penalty of 20 penalty units.
This amendment is consequential on the renumbering of regulation 3 as
regulation 2.
These regulations make minor changes to a number of definitions in the
regulations in line with current drafting practice.
This regulation specifies that Part 3 of the amending Regulations amends the
Road Transport (Offences) Regulations 2001.
Regulation 22 –
Regulation 8(1)(a)
This regulation substitutes a new reference to
offences in the Australian Road Rules, as a result of recent amendments to those
Rules.
This regulation amends the Road Transport (Offences) Regulations 2001 to
include in Schedule 1 the new short title and infringement notice penalty amount
for the offence contained in new regulation 114A. The effect of this is that a
person who drives a dual accelerator vehicle may be issued an infringement
notice and be liable to pay a penalty
of $76.
This regulation specifies that Part 4 of the amending Regulations amends the
Road Transport (Public Passenger Services) Regulations 2002.
This regulation deals with the amendment of accepted service standards for
accredited persons.
New regulation 13A is inserted to provide that the
Road Transport Authority (RTA) may ask an accredited person to agree to an
amendment to the person’s accepted service standards. This action would
be taken where the RTA considers it necessary to ensure the person provides a
safe, reliable and efficient regulated service. For example, the RTA may ask
the person to amend the accepted service standards to include that the
accredited operator of the bus service will give every driver a copy of the
service standard for driving hours.
Regulation 26 – Regulation
14(1), example 2
New regulation 14(1), example 2, inserts
‘convicted’ of a mandatory disqualifying offence as an example of a
circumstance that would result in the particulars in an application for
accreditation becoming inaccurate, and about which the accredited person must
notify the RTA in writing.
This regulation inserts a reference to ‘reg 13A’ as a
cross-reference to Schedule 1 Service Standards. This amendment is
consequential upon the insertion of new regulation 13A by Regulation 25.
A review of RTA policies and guidelines for bus and taxi accreditation
applications found that several items in the Service Standards Schedules were
not essential standards, or not expressed in a useful way, based on experience
with the accreditation regime since it was introduced in 2002. These items are
amended or deleted.
Regulation 28 – Schedule 1, part 1.1, paragraphs
(d) and (e)
This regulation deals with service standards for cleaning,
maintaining, servicing and repairing buses.
Paragraph (d), in part,
requires a service standard for the operation of cleaning facilities and the
training of people who carry out cleaning of vehicles. As it is unlikely that
specialist cleaning services or training would be required for buses this part
of the requirement is deleted. The service standard for cleaning in general is
retained in paragraph (c).
Paragraph (d) is also separated into two
service standards, one as described above and the other as new paragraph (e).
Paragraph (e) is now a separate service standard to deal with the situation
where another person carries out the servicing, maintenance or repairs on behalf
of the accredited operator. It requires that the accredited operator
demonstrates the steps taken to ensure the services will comply with the Act.
Repealed paragraph (e) provided a service standard for the auditing of
records and systems. The requirement is not applicable to bus operators as they
are not required to report on performance or financial status. The requirement
is not related to RTA audits of operators for compliance with the legislation
and accepted service standards.
Regulation 29 – Schedule 1,
part 1.1, paragraph (f) (ix) to (xi)
Existing paragraph (f) provides a
service standard about ensuring an adequate number of buses are available to
operate the service. This standard is not relevant to tour and charter
operators and, for regular route service providers, the matter is more
appropriately dealt with under the service requirements of a service contract
under section 17 of the Road Transport (Public Passenger Services) Act
2001.
Existing paragraphs (x) and (xi) are renumbered as paragraphs
(ix) and (x).
Regulation 30 – Schedule 1, part 1.2, paragraph
(b) (iv)
This regulation deals with the service standard for the driving
hours of taxi drivers. Unlike heavy vehicle drivers, including drivers of
buses, no policies have been developed locally or nationally on driving hours
for taxi drivers and paragraph (b) (iv) is therefore
deleted.
Regulation 31 – Schedule 1, part 1.2, paragraph (b)
(viii)
This paragraph is amended to clarify that the service standard is
about how the taxi network processes Taxi Subsidy Scheme vouchers not the
operation of the Scheme itself.
Regulation 32 – Schedule 1, part
1.3, paragraph (b)
This paragraph about the parking arrangements for
taxis is omitted as parking arrangements for taxis do not raise the same
residential amenity issues as might be generated by parking arrangements for
larger vehicles like buses.
Regulation 33 – Schedule 1, part
1.3, paragraphs (d) and (e)
This regulation deals with service standards
for cleaning, servicing, maintaining and repairing taxis.
Paragraph (d),
in part, requires a service standard for the operation of cleaning facilities
and the training of people who carry out cleaning of vehicles. As it is
unlikely that specialist cleaning services or training would be required the
part of the requirement dealing with this is deleted. The service standard for
cleaning in general is retained in paragraph (c).
Paragraph (d) is also
separated into two service standards, one as described above and the other as
new paragraph (e). Paragraph (e) is now a separate service standard for the
situation where another person carries out the servicing, maintenance or repairs
on behalf of the accredited operator. It requires that the accredited operator
demonstrates the steps taken to ensure the services will comply with the Act.
Repealed paragraph (e) provided a service standard for the auditing of
records and systems. The requirement is not applicable to taxi operators as
they are not required to report on performance or financial status. The
requirement is not related to RTA audits of operators for compliance with the
legislation and accepted service standards.
Regulation 34 - Schedule
1, part 1.3, paragraph (f) (iii)
This regulation deals with the service
standard for the driving hours of taxi drivers. Unlike heavy vehicle drivers,
including drivers of buses, no policies have been developed locally or
nationally on driving hours for taxi drivers and the provision is therefore
deleted.
Regulation 35 – Schedule 1, part 1.3, paragraph (f)
(vi)
This regulation deals with the arrangements for standby taxis. It
has become apparent, since the implementation of the accreditation scheme, that
arrangements for standby taxis are satisfactorily dealt with as part of the
vehicle registration scheme and therefore the paragraph is
deleted.
Regulation 36 - Schedule 1, part 1.3, paragraph (f)
(viii)
This regulation deals with the service standard for customer
complaints. The standard is amended to encompass all complaints, not just those
referred to the operator by the network.
This regulation is a technical amendment.
This regulation inserts in the dictionary a new definition of “accepted
service standard” and is consequential upon regulation 25.
This regulation specifies that Part 5 of the amending Regulations amends the
Road Transport (Safety and Traffic Management) Regulations 2000.
The current definition of a “laser speed measuring device” in
regulation 102 includes the “Laser Technology Inc. LTI 20-20
UltraLyte.” Two other devices, the “Laser Technology Inc. LTI 20-20
UltraLyte LR” and “Laser Technology Inc. LTI 20-20 Compact”
are variants of this model, with a number of different features. This amendment
includes these variants in the definition of “laser speed measuring
device” as separate devices.
This amendment deletes references to four radar devices which are no longer
in service.
This regulation:
• deletes a reference to a testing authority which
is no longer required as slant radar devices are no longer in
operation;
• includes a reference to an organisation that holds
National Association of Testing Authorities accreditation so that such an
organisation can be used for the testing of laser speed measuring devices;
and
• includes a new reference to the National Measurement Institute,
as a result of relocation and renaming of the former National Measurement
Laboratory of the CSIRO.
The current definition of WORM disk, in regulation 107A, refers to a device
consisting of a “magneto-optical write once read many disk”. This
new definition deletes the term “magento-optical” to facilitate the
use of new mediums, such as DVD, for the storage of camera images. This will
not result in any reduced integrity in the storage of such images.
Repealed regulation 104 dealt with the major testing of traffic offence
detection devices. This regulation has been replaced with three new regulations
104, 104A and 104B as a result of the new reference, in Regulation 42 above,
allowing an organisation that holds NATA accreditation to be used for the
testing of laser speed measuring devices.
New regulation 104 deals with
the major testing of laser speed measuring devices and provides that tests must
be undertaken in accordance with Australian Standard AS 4691.1-2 Laser Based
Speed Detection Devices. This recent Standard, dating from August 2003,
provides performance specifications, device requirements, and operating
procedures for laser based speed detection devices.
The text of an
applied, adopted or incorporated law or instrument (such as an Australian
Standard) is taken to be a notifiable instrument if the operation of the
Legislation Act, section 47(5) or 47(6) is not disapplied.
This
regulation disapplies the requirement to notify Australian Standard AS 4691.1-2.
The text of Australian Standards is not generally or freely available to the
public because the copyright in the Standards is owned by Standards Australia.
Australian Standards can be accessed through public libraries or purchased from
Standards Australia. In addition, the website www.standards.com.au provides free access
to summary information and an outline of contents for this and other Australian
Standards.
New regulation 104A provides for the major testing of
traffic offence detection devices other than laser speed measuring devices. New
regulation 104B is consequential on the replacement of the former regulation 104
with new regulations 104 and 104A.
This is a consequential amendment arising from the changed definition of WORM
disk.
This is a consequential amendment arising from the changed definition of WORM
disk.
This regulation specifies that Part 6 of the amending Regulations amends the
Road Transport (Vehicle Registration) Regulations 2000.
Regulation 48
– Regulation 32B(2)(a)
Regulation 32B(2) currently requires the
Road Transport Authority to refuse to register a vehicle as a wheelchair
accessible taxi if the vehicle is more than 6 years old. The amendment to this
regulation will allow vehicles to be registered as a wheelchair-accessible taxi
providing the vehicle has not been used as a taxi for 8 years or more.
Regulation 32(B)(b) states that a vehicle must be less than 2 years of age on
first registration as a wheelchair-accessible taxi.
Regulation 49
– Regulation 159(2)(k)
These regulation makes a minor change in
line with current drafting practice.