New South Wales Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [History] [Help]

ROAD TRANSPORT (GENERAL) ACT 2005 - SECT 20

Definitions

20 Definitions

In this Chapter:
"access requirement" means a requirement of an applicable road law that relates to the roads or class of roads on which a vehicle may or may not be taken, or otherwise limits the area in which a vehicle may or may not operate.
"consignee" of goods means a person who:

(a) with the person’s authority, is named or otherwise identified as the intended consignee of the goods in the transport documentation relating to the transport of the goods by road, or
(b) actually receives the goods after completion of their transport by road,
but does not include a person who merely unloads the goods.
"consignor" of goods means a person who:
(a) with the person’s authority, is named or otherwise identified as the consignor of the goods in the transport documentation relating to the transport of the goods by road, or
(b) if paragraph (a) does not apply to the person or anyone else:
(i) engages an operator of a vehicle or combination, either directly or indirectly or through an agent or other intermediary, to transport the goods by road, or
(ii) has possession of, or control over, the goods immediately before the goods are transported by road, or
(iii) loads a vehicle with the goods, for transport by road, at a place where goods in bulk are stored or temporarily held and that is unattended (except by a driver of the vehicle, a trainee driver or any person necessary for the normal operation of the vehicle) during loading, or
(c) if paragraphs (a) and (b) do not apply to the person or anyone else, and the goods are imported into Australia-imports the goods.
"container weight declaration" means a declaration referred to in Division 6 of Part 3.3, and includes a copy of such a declaration or a version of such a declaration in electronic or other form.
"dimension requirement" means a requirement of an Australian applicable road law that relates to the dimensions of a vehicle or combination or a load or component of a vehicle or combination, including (for example):
(a) the dimensions of a vehicle or combination, disregarding its load (if any), or
(b) the dimensions of a vehicle or combination including its load, or
(c) the dimensions of the load on a vehicle or combination, or
(d) the internal measurements of a vehicle or combination, including (for example) the distance between:
(i) components of a vehicle or combination, or
(ii) vehicles in a combination, or
(iii) a vehicle in a combination and a component of another vehicle in the combination.
"formal warning" means a warning under Division 3 of Part 3.5.
"freight container" means:
(a) a re-usable container of the kind mentioned in Australian Standard AS 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 prescribed by the regulations,
but does not include anything declared by the regulations to be excluded from this definition.
"improvement notice" means a notice under Division 2 of Part 3.5.
"incremental pricing charges" means charges to road users, for concessions relating to mass, dimension, load restraint or access requirements, that are based on road users’ activities, or likely activities, as a consequence of the concessions and the impact of those activities.
"incremental pricing scheme" means a scheme for the incremental pricing of concessions relating to mass, dimension, load restraint or access requirements that is established by regulations made under section 28A.
"legislatively specified mass requirement" means:
(a) a mass requirement specified in an applicable road law or in another law of this jurisdiction, or
(b) a mass requirement specified in writing under the authority of an applicable road law or of another law of this jurisdiction, or
(c) a mass requirement indicated by a sign erected or displayed under the authority of an applicable road law or of another law of this jurisdiction.
"load restraint requirement" means a requirement of an Australian applicable road law that relates to the restraint or positioning of a load or any part of a load on a vehicle or combination.
"loader" means a person who:
(a) loads a vehicle or combination with goods for transport by road, or
(b) loads a vehicle or combination with a freight container (whether or not containing goods) for transport by road, or
(c) without limiting the above, loads a freight container already in or on a vehicle or combination with goods for transport by road, or
(d) supervises an activity mentioned in paragraph (a), (b) or (c), or
(e) manages or controls an activity mentioned in paragraph (a), (b), (c) or (d).
"mass requirement" means a requirement of an Australian applicable road law that relates to the mass of a vehicle or combination or the mass of or on any component of a vehicle or combination, and includes:
(a) a requirement of an Australian applicable road law concerning mass limits relating to:
(i) the tare mass of a vehicle or combination (that is, the actual mass of the vehicle or combination excluding any load in or on the vehicle or combination), or
(ii) the gross mass of a vehicle or combination (that is, the unladen mass of the vehicle or combination together with any load in or on the vehicle or combination), or
(iii) the mass of the load in or on a vehicle or combination, or
(iv) the mass on a tyre, an axle or an axle group of the vehicle or combination, and
(b) a requirement of an Australian applicable road law concerning mass limits relating to axle spacing, and
(c) mass limits set out on signs erected or displayed under an Australian applicable road law (for example, a sign-posted bridge limit).
"operator" -see section 21 (Operators).
"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" of goods means a person who:
(a) puts the goods in a packaging for transport by road, or
(b) assembles the goods as packaged goods in an outer packaging or unit load for transport by road, or
(c) supervises an activity mentioned in paragraph (a) or (b), or
(d) manages or controls an activity mentioned in paragraph (a), (b) or (c).
"passenger-carrying vehicle" means a vehicle where the primary purpose for which it was built, or permanently modified, was the carriage of passengers.
"prohibition order" means an order under Division 7 of Part 3.5.
"responsible person", in relation to a heavy vehicle or combination, 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 vehicle or combination or of a vehicle in a combination,
(b) a driver of a vehicle or combination,
(c) an operator or registered operator of a vehicle or combination,
(d) a person in charge or apparently in charge of a vehicle or combination,
(e) a person in charge or apparently in charge of the garage address of a vehicle or combination or the base of the driver or drivers of a vehicle or combination,
(f) a person appointed under an approved road transport compliance scheme to have monitoring or other responsibilities under the scheme, including (for example) responsibilities for certifying, monitoring or approving vehicles or combinations under the scheme,
(g) an operator of an intelligent transport system,
(h) a person in charge of premises entered by an authorised officer under this Act,
(i) a person who consigns goods for transport by road,
(j) a person who packs goods in a freight container or other container or in a package or on a pallet for transport by road,
(k) a person who loads goods or a container on a vehicle or combination for transport by road,
(l) a person who unloads goods or a container containing goods consigned for transport by road,
(m) a person to whom goods are consigned for transport by road,
(n) 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,
(o) an owner or operator of a weighbridge, or weighing facility, used to weigh vehicles or combinations or an occupier of premises where such a weighbridge or weighing facility is located,
(p) a responsible entity for a freight container,
(q) a person who controls or directly influences the loading or operation of a vehicle or combination,
(r) an agent, employer, employee or subcontractor of any person referred to in the preceding paragraphs of this definition.
"supervisory intervention order" means an order under Division 6 of Part 3.5.
"unit load" means a load of packaged goods that are:
(a) wrapped in plastics, and strapped or otherwise secured to a pallet or other base and to each other, for transport, or
(b) placed together in a protective outer container (except a freight container) for transport, or
(c) secured together in a sling for transport.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [History] [Help]