Queensland Consolidated Acts

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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 39J

39J Meaning of fatigue regulated heavy vehicle

(1) A heavy vehicle is a fatigue regulated heavy vehicle if it is any of the following--

(a) a motor vehicle with a GVM of more than 12t;
(b) a combination with a GVM of more than 12t;
(c) a bus.

(2) However, subject to subsection (3), a heavy vehicle is not a fatigue regulated heavy vehicle if it is any of the following--

(a) a tram;
(b) a motor vehicle that--
(i) is built, or has been modified, primarily to operate as a machine or implement off-road, on a road-related area, or on an area of road that is under construction; and
(ii) is not capable of carrying goods or passengers by road;
Examples for paragraph (b)--
agricultural machine, backhoe, bulldozer, excavator, forklift, front-end loader, grader, tractor, motor vehicle registered as a special purpose vehicle (type p)
(c) a motor home.

(3) A truck, or a combination including a truck, that has a machine or implement attached to it is a fatigue regulated heavy vehicle--

(a) if the GVM of the truck or combination with the attached machine or implement is more than 12t; and
(b) whether or not the truck or combination has been built or modified primarily to operate as a machine or implement off-road, on a road-related area, or on an area of road that is under construction.
Examples for subsection (3)--
truck-mounted crane, truck-mounted drilling rig

(4) For subsection (2)(c), a motor home--

(a) is a rigid or articulated motor vehicle or combination that is built, or has been modified, primarily for residential purposes; and
(b) does not include a motor vehicle that is merely a motor vehicle constructed with a sleeper berth.

(5) For this section, the GVM of a combination is the total of the GVMs of the vehicles in the combination.



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