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TASMANIA
__________
VEHICLE AND TRAFFIC AMENDMENT (HEAVY
VEHICLE CHARGES) BILL 2008
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 34 amended (Imposition of motor tax for light vehicles)
5. Section 34A inserted
34A. Imposition of motor tax for heavy vehicles
6. Schedule 1 amended (Rates of Motor Tax)
7. Schedule 2 inserted
Schedule 2 Rates of Motor Tax for Heavy Vehicles
[Bill 16]-II
2
VEHICLE AND TRAFFIC AMENDMENT (HEAVY
VEHICLE CHARGES) BILL 2008
(Brought in by the Minister for Infrastructure, Resources,
Planning and Workplace Relations, the Honourable Steven
Kons)
A BILL FOR
An Act to amend the Vehicle and Traffic Act 1999
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Vehicle and Traffic
Amendment (Heavy Vehicle Charges) Act 2008.
2. Commencement
This Act commences on 1 July 2008.
3. Principal Act
In this Act, the Vehicle and Traffic Act 1999* is
referred to as the Principal Act.
*No. 70 of 1999
[Bill 16] 3
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Act No. of
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4. Section 34 amended (Imposition of motor tax for
light vehicles)
Section 34 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "motor
vehicle or a trailer" and substituting
"light vehicle";
(b) by omitting from subsection (2)
"subsections (3) and (5)" and substituting
"subsection (3)";
(c) by omitting from subsection (3) "for a
light vehicle";
(d) by omitting subsections (5), (6), (7), (8)
and (9).
5. Section 34A inserted
After section 34 of the Principal Act, the
following section is inserted in Part 5:
34A. Imposition of motor tax for heavy vehicles
(1) Tax is imposed in respect of a heavy
vehicle used or to be used on a public
street.
(2) The amount of the tax is the amount
prescribed by Schedule 2.
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Act No. of
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6. Schedule 1 amended (Rates of Motor Tax)
Schedule 1 to the Principal Act is amended as
follows:
(a) by omitting the heading and substituting
the following heading:
SCHEDULE 1 RATES OF MOTOR TAX FOR
LIGHT VEHICLES
(b) by omitting Part 3.
7. Schedule 2 inserted
After Schedule 1 to the Principal Act, the
following Schedule is inserted:
SCHEDULE 2 RATES OF MOTOR TAX FOR
HEAVY VEHICLES
Section 34A
1. Interpretation
(1) In this Schedule
"annual adjustment factor" see
clause 6;
"articulated bus" means a bus
consisting of more than one rigid
section with passenger access
between the sections and the
sections connected to one another
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so to allow rotary movement
between the sections;
"axle group" means a single axle
group, tandem axle group,
twinsteer axle group, tri-axle
group or quad-axle group;
"B-double lead trailer" means a
semi-trailer that is nominated for
use as the lead trailer in a B-
double combination;
"converter dolly" means a trailer with
a fifth wheel coupling designed to
support a semi-trailer for hauling
purposes;
"dog trailer" means a trailer with
(a) one axle group or single
axle at the front that is
steered by connection to
the towing vehicle by a
drawbar; and
(b) one axle group or single
axle at the rear;
"drawbar" means a part of a trailer
(other than a semi-trailer) that
connects the trailer body to a
coupling for towing purposes;
"fifth wheel coupling" means a
device, other than the upper
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rotating element and the kingpin
(which are parts of a semi-trailer),
used with a prime mover, semi-
trailer or converter dolly to
permit quick coupling and
uncoupling and to provide for
articulation;
"goods", for a vehicle, does not
include the fuel, water, lubricants,
tools and other equipment needed
for the normal operation of the
vehicle;
"lead trailer", in a combination,
means the trailer that is, or that is
to be, attached to the prime
mover;
"low loader" means a gooseneck
semi-trailer with a loading deck
no more than 1 metre above the
ground;
"low loader dolly" means a mass-
distributing device that
(a) is usually coupled
between a prime mover
and low loader; and
(b) consists of a gooseneck
rigid frame; and
(c) does not directly carry
any load on itself; and
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(d) is equipped with one or
more axles, a kingpin and
a fifth wheel coupling;
"nominated" means nominated by the
person applying for registration;
"passengers", for a vehicle, does not
include the driver, trainee driver
or any other person needed for
the normal operation of the
vehicle;
"pig trailer" means a trailer with one
axle group or single axle near the
middle of its load-carrying
surface, and connected to the
towing vehicle by a drawbar;
"pole type trailer" means a trailer
that
(a) is attached to a towing
vehicle by means of a
pole or an attachment
fitted to a pole; and
(b) is ordinarily used for
transporting loads, such as
logs, pipes, structural
members or other long
objects, that are generally
capable of supporting
themselves like beams
between supports;
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"quad-axle group" means a group of
4 axles, in which the horizontal
distance between the centre-lines
of the outermost axles is more
than 3.2 metres but not more than
4.9 metres;
"single axle" means an axle not
forming part of an axle group;
"single axle group" means a group of
2 or more axles, in which the
horizontal distance between the
centre-lines of the outermost
axles is less than 1 metre;
"special-purpose vehicle" means
(a) a vehicle that has been
built, or permanently
modified, to be used
primarily for a purpose
other than the carriage of
passengers or goods; or
(b) such other vehicle as is
prescribed as a special-
purpose vehicle;
"tandem axle group" means a group
of at least 2 axles, in which the
horizontal distance between the
centre-lines of the outermost
axles is at least 1 metre but not
more than 2 metres;
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"tax table" means
(a) for the financial year
commencing on
1 July 2008, the table at
the foot of clause 2; and
(b) for the financial year
commencing on
1 July 2009, the table at
the foot of clause 3; and
(c) for the financial year
commencing on
1 July 2010, the table at
the foot of clause 4(2);
"tri-axle group" means a group of at
least 3 axles, in which the
horizontal distance between the
centre-lines of the outermost
axles is more than 2 metres, but
not more than 3.2 metres;
"twinsteer axle group" means a
group of 2 axles
(a) with single tyres; and
(b) fitted to a motor vehicle;
and
(c) connected to the same
steering mechanism; and
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(d) the horizontal distance
between the centre-lines
of which is at least 1
metre, but not more than 2
metres;
"type" includes category.
(2) In determining, for the purposes of this
Schedule, the number of trailers that a
prime mover or truck is nominated to
haul
(a) a converter dolly and a semi-
trailer when used together are to
be regarded as one trailer; and
(b) a low loader dolly and a low
loader when used together are to
be regarded as one trailer.
(3) For the purpose of this Schedule (other
than the definitions of "single axle
group", "tandem axle group", "tri-axle
group", "twinsteer axle group" and
"quad-axle group")
(a) 2 axles positioned less than 1
metre apart are to be regarded as
one axle; and
(b) 3 axles positioned not more than
2 metres apart are to be regarded
as 2 axles; and
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(c) 4 axles positioned not more than
3.2 metres apart are to be
regarded as 3 axles.
2. Heavy vehicle tax for 2008/09
For the financial year commencing on
1 July 2008, the amount of tax payable
for a heavy vehicle of a type specified in
column 2 of the tax table is the amount
correspondingly specified in column 3 of
the tax table.
Column 1 Column 2 Column 3
Item Type of heavy vehicle Tax payable
($)
Trucks
1. A 2 axle truck with a GVM not exceeding 12 tonnes 380
2. A 2 axle truck with a GVM exceeding 12 tonnes 652
3. A 2 axle truck nominated for use in a combination 652
having a trailer with a laden mass exceeding 4.5 tonnes
and a mass entitlement not exceeding 42.5 tonnes
4. A 2 axle truck nominated for use in a combination 5 161
having one trailer and more than 6 axles or a mass
entitlement exceeding 42.5 tonnes
5. A 3 axle truck with a GVM not exceeding 16.5 tonnes 652
6. A 3 axle truck with a GVM exceeding 16.5 tonnes 859
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Column 1 Column 2 Column 3
Item Type of heavy vehicle Tax payable
($)
7. A 3 axle truck nominated for use in a combination 859
having a trailer with a laden mass exceeding 4.5 tonnes
and a mass entitlement not exceeding 42.5 tonnes
8. A 3 axle truck nominated for use in a combination 5 161
having one trailer and more than 6 axles or a mass
entitlement exceeding 42.5 tonnes
9. A truck with 4 or more axles and a GVM not 652
exceeding 20 tonnes
10. A truck with 4 or more axles and a GVM exceeding 20 859
tonnes
11. A truck with 4 or more axles and nominated for use in 1 593
a combination having a trailer with a laden mass
exceeding 4.5 tonnes and a mass entitlement not
exceeding 42.5 tonnes
12. A truck with 4 or more axles and nominated for use in 5 574
a combination having one trailer and more than 6 axles
or a mass entitlement exceeding 42.5 tonnes
Prime Movers
1. A prime mover with 2 axles 1 000
2. A prime mover with 3 axles 3 930
3. A prime mover with 4 or more axles 4 322
4. A prime mover with 2 axles and nominated for use in a 7 050
combination having 2 semi-trailers
5. A prime mover with 3 axles and nominated for use in a 7 050
combination having 2 semi-trailers
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Column 1 Column 2 Column 3
Item Type of heavy vehicle Tax payable
($)
6. A prime mover with 4 or more axles and nominated for 7 755
use in a combination having 2 semi-trailers
Buses
1. A 2 axle rigid bus with a GVM not exceeding 12 380
tonnes
2. A 2 axle rigid bus with a GVM exceeding 12 tonnes 380
3. A rigid bus with 3 or more axles 2 087
4. An articulated bus 380
Trailers
1. A goods-carrying trailer with a GVM exceeding 4.5 166
tonnes but less than 9 tonnes
2. A single or tandem axle semi-trailer (excluding a 380 (per axle)
converter dolly) with a GVM of 9 tonnes or more
3. A tri-axle or quad-axle semi-trailer (excluding a 380 (per axle)
converter dolly) with a GVM of 9 tonnes or more
4. A pig trailer with a GVM exceeding 9 tonnes 380 (per axle)
5. A dog trailer with a GVM exceeding 9 tonnes 380 (per axle)
6. A converter dolly or low loader dolly with a GVM 380 (per axle)
exceeding 4.5 tonnes
7. B-double lead trailer single axle 380 (per axle)
8. B-double lead trailer tandem axle 380 (per axle)
9. B-double lead trailer tri-axle and quad-axle 380 (per axle)
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Column 1 Column 2 Column 3
Item Type of heavy vehicle Tax payable
($)
Special-purpose vehicles
1. A special-purpose vehicle (type p), being a special- Nil
purpose vehicle built, or permanently modified,
primarily for
(a) off-road use; or
(b) use on public streets that are under
construction or repair
2. A special-purpose vehicle (type t), being a special- 248
purpose vehicle (other than one referred to in item 1)
that
(a) has been built, or permanently modified, for
use on public streets; and
(b) has no axle group loaded in excess of the
mass limits prescribed under this Act
3. A special-purpose vehicle (type o), being a special- 310 + (310 x
purpose vehicle (other than one referred to in item 1) number of
that axles over 2)
(a) has been built, or permanently modified,
primarily for use on public streets; and
(b) has at least one axle or axle group loaded in
excess of the mass limits prescribed under
this Act
3. Heavy vehicle tax for 2009/10
(1) In this clause
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"base tax", for a heavy vehicle, means
the amount specified in column 3
of the tax table for that type of
heavy vehicle.
(2) For the financial year commencing on
1 July 2009, the amount of tax payable
for a heavy vehicle of a type specified in
column 2 of the tax table is to be
calculated by
(a) multiplying the base tax for that
heavy vehicle by the annual
adjustment factor for that
financial year; and
(b) adding the result to or, if the
percentage is negative,
subtracting the result from that
base tax; and
(c) rounding the result up or down to
the nearest dollar (rounding an
amount of 50 cents upwards).
Column 1 Column 2 Column 3
Item Type of heavy vehicle Base tax
($)
Trucks
1. A 2 axle truck with a GVM not exceeding 12 tonnes 380
2. A 2 axle truck with a GVM exceeding 12 tonnes 652
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Column 1 Column 2 Column 3
Item Type of heavy vehicle Base tax
($)
3. A 2 axle truck nominated for use in a combination 652
having a trailer with a laden mass exceeding 4.5 tonnes
and a mass entitlement not exceeding 42.5 tonnes
4. A 2 axle truck nominated for use in a combination 5 828
having one trailer and more than 6 axles or a mass
entitlement exceeding 42.5 tonnes
5. A 3 axle truck with a GVM not exceeding 16.5 tonnes 652
6. A 3 axle truck with a GVM exceeding 16.5 tonnes 859
7. A 3 axle truck nominated for use in a combination 859
having a trailer with a laden mass exceeding 4.5 tonnes
and a mass entitlement not exceeding 42.5 tonnes
8. A 3 axle truck nominated for use in a combination 5 828
having one trailer and more than 6 axles or a mass
entitlement exceeding 42.5 tonnes
9. A truck with 4 or more axles and a GVM not 652
exceeding 20 tonnes
10. A truck with 4 or more axles and a GVM exceeding 20 859
tonnes
11. A truck with 4 or more axles and nominated for use in 1 593
a combination having a trailer with a laden mass
exceeding 4.5 tonnes and a mass entitlement not
exceeding 42.5 tonnes
12. A truck with 4 or more axles and nominated for use in 6 295
a combination having one trailer and more than 6 axles
or a mass entitlement exceeding 42.5 tonnes
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Column 1 Column 2 Column 3
Item Type of heavy vehicle Base tax
($)
Prime Movers
1. A prime mover with 2 axles 1 000
2. A prime mover with 3 axles 3 930
3. A prime mover with 4 or more axles 4 322
4. A prime mover with 2 axles and nominated for use in a 7 050
combination having 2 semi-trailers
5. A prime mover with 3 axles and nominated for use in a 7 050
combination having 2 semi-trailers
6. A prime mover with 4 or more axles and nominated for 7 755
use in a combination having 2 semi-trailers
Buses
1. A 2 axle rigid bus with a GVM not exceeding 12 380
tonnes
2. A 2 axle rigid bus with a GVM exceeding 12 tonnes 380
3. A rigid bus with 3 or more axles 2 087
4. An articulated bus 380
Trailers
1. A goods-carrying trailer with a GVM exceeding 4.5 166
tonnes but less than 9 tonnes
2. A single or tandem axle semi-trailer (excluding a 380 (per axle)
converter dolly) with a GVM of 9 tonnes or more
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Column 1 Column 2 Column 3
Item Type of heavy vehicle Base tax
($)
3. A tri-axle or quad-axle semi-trailer (excluding a 405 (per axle)
converter dolly) with a GVM of 9 tonnes or more
4. A pig trailer with a GVM exceeding 9 tonnes 380 (per axle)
5. A dog trailer with a GVM exceeding 9 tonnes 380 (per axle)
6. A converter dolly or low loader dolly with a GVM 380 (per axle)
exceeding 4.5 tonnes
7. B-double lead trailer single axle 380 (per axle)
8. B-double lead trailer tandem axle 1 140 (per
axle)
9. B-double lead trailer tri-axle and quad-axle 1 190 (per
axle)
Special-purpose vehicles
1. A special-purpose vehicle (type p), being a special- Nil
purpose vehicle built, or permanently modified,
primarily for
(a) off-road use; or
(b) use on public streets that are under
construction or repair
2. A special-purpose vehicle (type t), being a special- 248
purpose vehicle (other than one referred to in item 1)
that
(a) has been built, or permanently modified, for
use on public streets; and
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Column 1 Column 2 Column 3
Item Type of heavy vehicle Base tax
($)
(b) has no axle group loaded in excess of the
mass limits prescribed under this Act
3. A special-purpose vehicle (type o), being a special- 310 + (310 x
purpose vehicle (other than one referred to in item 1) number of
that axles over 2)
(a) has been built, or permanently modified,
primarily for use on public streets; and
(b) has at least one axle or axle group loaded in
excess of the mass limits prescribed under
this Act
4. Heavy vehicle tax for 2010/11
(1) In this clause
"additional tax", for a heavy vehicle,
means the amount specified in
column 3 of the tax table for that
type of heavy vehicle;
"previous tax", for a heavy vehicle,
means the amount of tax that was
payable under clause 3 for the
heavy vehicle for registration for
the full term of the financial year
commencing on 1 July 2009
(regardless of whether that
amount was actually or fully
paid).
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Vehicle and Traffic Amendment (Heavy Vehicle Charges) Act
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(2) For the financial year commencing on
1 July 2010, the amount of tax payable
for a heavy vehicle of a type specified in
column 2 of the tax table is to be
calculated by
(a) adding the additional tax for that
heavy vehicle to the previous tax
for that heavy vehicle; and
(b) multiplying the amount
determined under paragraph (a)
by the annual adjustment factor
for that financial year; and
(c) adding the result to or, if the
percentage is negative,
subtracting the amount from the
amount determined under
paragraph (a); and
(d) rounding the result up or down to
the nearest dollar (rounding an
amount of 50 cents upwards).
Column 1 Column 2 Column 3
Item Type of heavy vehicle Additional
tax
($)
1. Tri-axle or quad-axle semi-trailer (excluding a 25 (per axle)
converter dolly) with a GVM of 9 or more tonnes
2. B-double lead trailer tandem axle 760 (per axle)
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Column 1 Column 2 Column 3
Item Type of heavy vehicle Additional
tax
($)
3. B-double lead trailer tri-axle and quad-axle 810 (per axle)
(3) For the financial year commencing on
1 July 2010, the amount of tax payable
for a heavy vehicle of a type not
specified in column 2 of the tax table is
to be calculated by
(a) multiplying the previous tax for
that heavy vehicle by the annual
adjustment factor for that
financial year; and
(b) adding the result to or, if the
percentage is negative,
subtracting the result from the
amount of that previous tax; and
(c) rounding the result up or down to
the nearest dollar (rounding an
amount of 50 cents upwards).
5. Heavy vehicle tax for 2011/12 and beyond
(1) In this clause
"out financial year" means a
financial year following the
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Act No. of
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financial year ending on
30 June 2011;
"previous tax", for a heavy vehicle in
respect of a financial year, means
the amount of tax payable for the
heavy vehicle under this Schedule
for registration for the full term of
the immediately preceding
financial year (regardless of
whether that amount was actually
or fully paid).
(2) For an out financial year, the amount of
tax payable for a heavy vehicle is to be
calculated by
(a) multiplying the annual
adjustment factor for that out
financial year by the previous tax;
and
(b) adding the result to or, if the
percentage is negative,
subtracting the amount from the
previous tax; and
(c) rounding the result up or down to
the nearest dollar (rounding an
amount of 50 cents upwards).
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Act No. of
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6. Annual adjustment factor
(1) The annual adjustment factor for a
financial year is the figure determined by
the Minister, by notice published in the
Gazette, based on the formula that
(a) is determined by the National
Transport Commission,
established under the National
Transport Commission Act 2003
of the Commonwealth, in respect
of that financial year; and
(b) reflects changes in the
expenditure of State and local
governments on roads and
expected changes in road use by
heavy vehicles.
(2) A notice under subclause (1) is not
(a) a statutory rule for the purposes
of the Rules Publication Act
1953; or
(b) subordinate legislation for the
purposes of the Subordinate
Legislation Act 1992.
(3) Sections 47(3), (4), (5), (6) and (7) of the
Acts Interpretation Act 1931 apply to a
notice under subclause (1) as if it were
regulations within the meaning of the
Act.
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Act No. of
s. 7
7. Heavy vehicles in 2 or more categories
(1) For the purposes of this Schedule, if a
heavy vehicle falls within 2 or more
categories of heavy vehicle, the tax
payable for the heavy vehicle is the
higher or highest of the taxes that could
apply to the heavy vehicle.
(2) Subclause (1) prevails over any other
provision of this Schedule.
Government Printer, Tasmania 25