2008 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Interstate Road Transport Charge Amendment Bill 2008 No. , 2008 (Infrastructure, Transport, Regional Development and Local Government) A Bill for an Act to amend the Interstate Road Transport Charge Act 1985, and for related purposes [Page Break] 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 1 3 Schedule(s) ........................................................................................ 2 Schedule 1--Amendments 3 Interstate Road Transport Charge Act 1985 3 [Page Break] 2 Transport Charge Act 1985, and for related 3 purposes 4 The Parliament of Australia enacts: 5 1 Short title 6 This Act may be cited as the Interstate Road Transport Charge 7 Amendment Act 2008. 8 2 Commencement 9 This Act commences on 1 July 2008. [Page Break] 2 Each Act that is specified in a Schedule to this Act is amended or 3 repealed as set out in the applicable items in the Schedule 4 concerned, and any other item in a Schedule to this Act has effect 5 according to its terms. [Page Break] 2 Schedule 1--Amendments 3 4 Interstate Road Transport Charge Act 1985 5 1 Title 6 Omit "motor vehicle or trailer", substitute "vehicle". 7 2 After section 3 8 Insert: 9 3A Definitions 10 In this Act: 11 articulated bus means a bus consisting of more than one rigid 12 section with passenger access between the sections and the sections 13 connected to one another so as to allow rotary movement between 14 the sections. 15 Australian Transport Council has the meaning given by section 4 16 of the National Transport Commission Act 2003. 17 axle means one or more shafts positioned in a line across a vehicle, 18 on which one or more wheels intended to support the vehicle turn. 19 axle group means a single axle group, tandem axle group, 20 twinsteer axle group, tri-axle group or quad-axle group. 21 B-double combination means a combination consisting of a prime 22 mover towing 2 semi trailers. 23 B-double lead trailer means a semi trailer that is nominated for use 24 as the lead trailer in a B-double combination. 25 B-triple combination means a combination consisting of a prime 26 mover towing 3 semi trailers. 27 B-triple lead trailer means a semi trailer that is nominated for use 28 as the lead trailer in a B-triple combination. 29 B-triple middle trailer means a semi trailer that is nominated for 30 use as the second trailer in a B-triple combination. [Page Break] 2 more than 9 adults (including the driver). 3 bus (type 1) means a rigid bus that has 2 axles and an MRC not 4 exceeding 12 tonnes. 5 bus (type 2) means: 6 (a) a rigid bus that has 2 axles and an MRC exceeding 12 tonnes; 7 or 8 (b) a rigid bus that has 3 or 4 axles. 9 compliance plate means a plate authorised to be placed on a 10 vehicle, or taken to have been placed on a vehicle, under the Motor 11 Vehicle Standards Act 1989. 12 converter dolly means a trailer with a fifth wheel coupling 13 designed to support a semi trailer for hauling purposes. 14 dog trailer means a trailer with: 15 (a) a single axle group or single axle at the front that is steered 16 by connection to the towing vehicle by a drawbar; and 17 (b) a single axle group or single axle at the rear. 18 drawbar means a part of a trailer (other than a semi trailer) that 19 connects the trailer body to a coupling for towing purposes. 20 driver means the person driving or in control of a motor vehicle. 21 fifth wheel coupling means a device, other than the upper rotating 22 element and the kingpin (which are parts of a semi trailer), used 23 with a prime mover, semi trailer or a converter dolly to permit 24 quick coupling and uncoupling and to provide for articulation. 25 lead trailer, in a combination, means the trailer that is, or that is to 26 be, attached to the prime mover. 27 load carrying vehicle means a vehicle designed and constructed to 28 haul or carry goods and wares in addition to any fuel, water, 29 lubricants, tools and any other equipment or accessories necessary 30 for normal operation of the vehicle. 31 loaded mass, in relation to a vehicle, means the sum of the mass of 32 the vehicle and the mass of the load on the vehicle that is imposed 33 on the surface on which the vehicle is standing or running. [Page Break] 2 more trailers. 3 low loader means a gooseneck semi trailer with a loading deck no 4 more than one metre above the ground. 5 low loader dolly means a mass-distributing device that: 6 (a) is usually coupled between a prime mover and low loader; 7 and 8 (b) consists of a gooseneck rigid frame; and 9 (c) does not directly carry any load on itself; and 10 (d) is equipped with one or more axles, a kingpin and a fifth 11 wheel coupling. 12 medium combination truck means a truck, other than a short 13 combination truck, nominated to haul one trailer. 14 MRC (short for Mass Rating for Charging), in relation to a vehicle, 15 means: 16 (a) the maximum mass of the vehicle, including any load, 17 recorded on the compliance plate as the Gross Vehicle Mass, 18 Gross Trailer Mass Rating or Aggregate Trailer Mass of the 19 vehicle; or 20 (b) in relation to a vehicle for which there is no compliance 21 plate--its operating mass. 22 multi-combination prime mover means a prime mover nominated 23 to haul 2 or more trailers. 24 nominated means nominated by the person applying for 25 registration. 26 operating mass, in relation to a vehicle, means the maximum mass 27 of the vehicle, including any load, as determined by the 28 Registration Authority having regard to the design and construction 29 of the vehicle or of any of its components. 30 pig trailer means a trailer with a single axle group or single axle 31 near the middle of its load-carrying surface, and connected to the 32 towing vehicle by a drawbar. 33 pole type trailer means a trailer that: [Page Break] 2 attachment fitted to a pole; and 3 (b) is ordinarily used for transporting loads, such as logs, pipes, 4 structural members or other long objects, that are generally 5 capable of supporting themselves like beams between 6 supports. 7 prime mover means a motor vehicle designed to haul a semi trailer. 8 quad-axle group means a group of 4 axles, in which the horizontal 9 distance between the centre-lines of the outermost axles is more 10 than 3.2 metres but not more than 4.9 metres. 11 Registration Authority means the authority that is responsible for 12 registering vehicles. 13 semi trailer means a trailer (including a pole type trailer) that has: 14 (a) a single axle group or single axle towards the rear; and 15 (b) a means of attachment to a prime mover or a converter dolly 16 that results in some of the load being imposed on the prime 17 mover, or the converter dolly, as the case may be. 18 short combination prime mover means a prime mover nominated 19 to haul one semi trailer. 20 short combination truck means a truck nominated to haul one 21 trailer where, according to the nomination: 22 (a) the combination has 6 axles or fewer; and 23 (b) the maximum total mass that is legally allowable for the 24 combination is 42.5 tonnes or less. 25 single axle means an axle not forming part of an axle group. 26 single axle group means a group of 2 or more axles, in which the 27 horizontal distance between the centre-lines of the outermost axles 28 is less than one metre. 29 tandem axle group means a group of at least 2 axles, in which the 30 horizontal distance between the centre-lines of the outermost axles 31 is at least one metre but not more than 2 metres. 32 trailer means a vehicle that is built to be towed, or is towed, by a 33 motor vehicle, but does not include a motor vehicle that is being 34 towed. [Page Break] 2 horizontal distance between the centre-lines of the outermost axles 3 is more than 2 metres, but not more than 3.2 metres. 4 truck means a rigid motor vehicle that is principally constructed as 5 a load carrying vehicle. 6 truck (type 1) means a truck that has: 7 (a) 2 axles and an MRC not exceeding 12 tonnes; or 8 (b) 3 axles and an MRC not exceeding 16.5 tonnes; or 9 (c) 4 or more axles and an MRC not exceeding 20 tonnes. 10 truck (type 2) means a truck that has: 11 (a) 2 axles and an MRC exceeding 12 tonnes; or 12 (b) 3 axles and an MRC exceeding 16.5 tonnes; or 13 (c) 4 or more axles and an MRC exceeding 20 tonnes. 14 twinsteer axle group means a group of 2 axles: 15 (a) with single tyres; and 16 (b) fitted to a motor vehicle; and 17 (c) connected to the same steering mechanism; and 18 (d) the horizontal distance between the centre-lines of which is at 19 least one metre, but not more than 2 metres. 20 vehicle includes a trailer. 21 3B Close-spaced axles 22 (1) For the purposes of this Act (other than the definitions of single 23 axle group, tandem axle group, twinsteer axle group, tri-axle 24 group and quad-axle group): 25 (a) 2 axles less than one metre apart are to be regarded as one 26 axle; and 27 (b) 3 axles not more than 2 metres apart are to be regarded as 2 28 axles; and 29 (c) 4 axles not more than 3.2 metres apart are to be regarded as 3 30 axles. 31 (2) A reference to a distance in subsection (1) is a reference to the 32 horizontal distance between the centre-lines of: 33 (a) in the case paragraph (1)(a)--the 2 axles; and [Page Break] 2 3C Determination of number of trailers 3 (1) For the purposes of determining the number of trailers that a prime 4 mover or truck is nominated to haul: 5 (a) a converter dolly and a semi trailer when used together are to 6 be regarded as one trailer; and 7 (b) a low loader dolly and a low loader when used together are to 8 be regarded as one trailer. 9 (2) To avoid doubt, nothing in this section affects a requirement that a 10 separate annual registration charge be paid for each converter dolly 11 or low loader dolly and for each semi trailer. 12 3 Subsection 4(1) 13 Repeal the subsection, substitute: 14 (1) Subject to subsections (2) and (3), a charge is imposed on the 15 registration of a vehicle in a category mentioned in 16 subsection (1A). 17 (1A) For the purposes of subsection (1), a charge is payable in relation 18 to the registration of the following categories of vehicle: 19 (a) a truck (type 1); 20 (b) a truck (type 2); 21 (c) a short combination truck; 22 (d) a medium combination truck; 23 (e) a long combination truck; 24 (f) a short combination prime mover; 25 (g) a multi-combination prime mover; 26 (h) a pig trailer; 27 (i) a dog trailer; 28 (j) a semi trailer; 29 (k) a B-double lead trailer; 30 (l) a B-triple lead trailer; 31 (m) a B-triple middle trailer; 32 (n) a converter dolly; 33 (o) a low loader dolly; 34 (p) a bus (type 1); [Page Break] 2 (r) an articulated bus. 3 4 Subsection 4(2) 4 Omit "motor vehicles or trailers" (wherever occurring), substitute 5 "vehicles". 6 5 At the end of section 4 7 Add: 8 (3) Subsection (1) does not apply to vehicles that have an MRC of less 9 than or equal to 4.5 tonnes. 10 6 Subsection 5 11 Repeal the section, substitute: 12 5 Amount of charge 13 (1) The amount of charge in respect of the registration of a vehicle in a 14 category referred to in subsection 4(1A) is the amount applicable 15 under subsection (2) or (5), as the case may be. 16 (2) If the registration is for a full year, the amount of the charge is the 17 amount for vehicles in that category in relation to the financial year 18 in which the registration comes into force. 19 Note: For the definition of financial year, see paragraph 22(1)(e) of the Acts 20 Interpretation Act 1901. 21 (3) For the purposes of subsection (2), the amount of the charge is the 22 amount worked out in accordance with regulations made for the 23 purposes of this section. 24 (4) Regulations made for the purposes of this section must implement 25 the national charge imposed on the registration of heavy vehicles, 26 and any adjustment process of that charge, that is agreed by the 27 Australian Transport Council. 28 (5) If the registration is for less than a full year, the amount of the 29 charge is the amount worked out using the formula: Period of registration 30 Charge for one year × 365 [Page Break] 2 charge for one year means the amount that would be the charge in 3 respect of the registration under subsection (2). 4 period of registration means the number of days in the period of 5 the registration. 6 (6) If a vehicle falls within 2 or more categories of vehicle under 7 subsection 4(1A), the charge in respect of the registration of the 8 vehicle is the higher or highest of the charges that could apply in 9 respect of that registration of that vehicle. 10 7 Section 5A 11 Repeal the section. 12 8 Subsection 6(1) 13 Omit "sections 5 and 5A in relation to a year", substitute "section 5 in 14 relation to a financial year". 15 9 Subsection 6(2) 16 Omit "year" (wherever occurring), substitute "financial year". 17 10 Section 7 18 After "subsection 4(2)", insert ", section 5". 19 11 Schedule 20 Repeal the Schedule. 21 12 Application of amendments 22 The amendments made by this Act apply in relation to the financial year 23 beginning on 1 July 2008 and later financial years.