(1)  In this Act, unless the contrary intention appears –

approved road transport compliance scheme means a scheme, agreement or arrangement that –

(a) is prescribed by the regulations; or

(b) is identified by, or is of a class identified by, the regulations –

and that makes provision for compliance with and enforcement of any Australian road laws, including (for example) a scheme, agreement or arrangement that provides for –

(c) a system of accreditation-based compliance; or

(d) an intelligent transport system; or

(e) a system applying alternative legal entitlements to those otherwise applicable, such as one based on performance-based standards;

Australian authorised officer means an authorised officer or a person appointed as an authorised officer under a corresponding law;

Australian Authority means the Authority or a corresponding Authority;

Australian driver licence has the same meaning as in the Vehicle and Traffic Act 1999 ;

Australian police officer means –

(a) a police officer; or

(b) a member (however described) of the police force or police service of another jurisdiction;

Australian road law means a road law or a corresponding road law;

Australian road law offence means an offence against an Australian road law;

authorised officer means a person authorised by the Authority under section 9(2) of the Traffic Act 1925 ;

Authority means the Transport Commission incorporated under the Transport Act 1981 ;

base of a driver – see section 11 (Driver’s base);

body corporate includes the Crown in any capacity and any body or entity that is not an individual;

capabilities of a vehicle means the functional capabilities of the vehicle or any of its components, as determined by the vehicle’s manufacturer or by an Australian Authority, and includes –

(a) its GCM and GVM; and

(b) its speed capabilities;

combination means a motor vehicle connected to one or more trailers;

commercial benefits penalty order means an order under Division 4 of Part 6 ;

compensation order means an order under Part 7 ;

condition includes a restriction;

conduct means an act, an omission to perform an act or a state of affairs;

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) a person who, 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, the person who –

(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, and the goods are imported into Australia, the person who imports the goods;

container weight declaration  – see section 59 ;

corresponding Authority means –

(a) the Authority as defined in a corresponding road law (except in the case of a jurisdiction for which a person is prescribed under paragraph (b) ); or

(b) a person prescribed by the regulations as the corresponding Authority for another jurisdiction for the purposes of this Act;

corresponding law means –

(a) a law of another jurisdiction corresponding, or substantially corresponding, to this Act; or

(b) a law of another jurisdiction that is declared under the regulations to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this Act;

corresponding road law means –

(a) a law of another jurisdiction corresponding, or substantially corresponding, to a road law; or

(b) a law of another jurisdiction that is declared under the regulations to be a corresponding road law, whether or not the law corresponds, or substantially corresponds, to a road law;

declared route means a public street, or a part of a public street, declared under section 154 (Declared zones and routes) to be a declared route for the purposes of this Act;

declared zone means a zone declared under section 154 (Declared zones and routes) to be a declared zone for the purposes of this Act;

depot includes a base of operations;

dimension requirement means a requirement of an Australian 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); and

(b) the dimensions of a vehicle or combination including its load; and

(c) the dimensions of the load on a vehicle or combination; and

(d) the internal measurements of a vehicle or combination, including (for example) the distance between –

(i) components of a vehicle or combination; and

(ii) vehicles in a combination; and

(iii) a vehicle in a combination and a component of another vehicle in the combination;

drive includes to be in control of a vehicle or combination;

driver of a vehicle or combination includes –

(a) a two-up driver of the vehicle or combination who is present in or near the vehicle or combination; and

(b) a person who is driving the vehicle or combination as a driver under instruction or under an appropriate learner licence or learner permit;

employee means an individual who works under a contract of employment, apprenticeship or training;

employed driver means a driver who is employed by someone else to drive a heavy vehicle;

employer means a person who employs another person under –

(a) a contract of employment, apprenticeship or training; or

(b) a contract for services;

engage in conduct means –

(a) do an act; or

(b) omit to do an act;

equipment , in relation to a vehicle or combination, includes tools, devices and accessories in or on the vehicle or combination;

extract from a record, device or other thing means a copy of any information contained in the record, device or other thing;

formal warning means a warning under Division 2 of Part 5 ;

freight container means –

(a) a re-usable container of the kind referred to in Australian/New Zealand Standard AS/NZS 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 prescribed by the regulations to be excluded from this definition;

garage address of a vehicle means –

(a) in the case of a heavy vehicle that is normally kept at a depot when not in use, the principal depot of the vehicle; or

(b) in the case of a heavy vehicle that is not normally kept at a depot when not in use –

(i) where the vehicle has only one registered operator, the home address of the registered operator; or

(ii) where the vehicle has more than one registered operator, each of the home addresses of the registered operators;

GCM (gross combination mass) of a vehicle means the greatest possible sum of the maximum loaded mass of the vehicle and of any vehicles that may be towed by it at the one time –

(a) as specified by the vehicle’s manufacturer on an identification plate on the vehicle; or

(b) as specified by the Authority if –

(i) a sum is not specified by the vehicle’s manufacturer on an identification plate on the vehicle; or

(ii) a sum so specified on an identification plate is no longer appropriate because the vehicle has been modified;

goods includes –

(a) animals (whether alive or dead); and

(b) a container (whether empty or not) –

but does not include people, fuel, water, lubricants and equipment required for the normal operation of the vehicle or combination in which they are carried;

GVM (gross vehicle mass) of a vehicle means the maximum loaded mass of the vehicle –

(a) as specified by the vehicle’s manufacturer on an identification plate on the vehicle; or

(b) as specified by the Authority if –

(i) a mass is not specified by the vehicle’s manufacturer on an identification plate on the vehicle; or

(ii) a mass so specified on an identification plate is no longer appropriate because the vehicle has been modified;

heavy combination means a combination that includes a heavy vehicle;

heavy vehicle means a motor vehicle or trailer that has a GVM greater than 4.5 tonnes, and includes –

(a) a special-purpose vehicle that has such a GVM; and

(b) a passenger-carrying vehicle that has such a GVM;

home address of a person means –

(a) in the case of an individual, the person’s residential address or place of abode in Australia; or

(b) in the case of a body corporate that has a registered office in Australia, the address of the registered office; or

(c) in any other case, the address of the person’s principal or only place of business in Australia;

improvement notice means an improvement notice under Division 1 of Part 5 ;

individual means a natural person;

intelligent transport system means a system involving the use of electronic or other technology (whether located in or on a vehicle or combination, or on or near a public street, or elsewhere) that has the capacity and capability to monitor, collect, store, display, analyse, transmit or report information relating to –

(a) a vehicle or combination or its equipment or load, the driver of a vehicle or combination, the operator of a fleet of vehicles or combinations or another person involved in road transport; and

(b) without limiting the above, the operation of a vehicle or combination in relation to its legal entitlements;

journey documentation means any documentation (other than transport documentation) directly or indirectly associated with –

(a) the actual or proposed physical transport of goods or passengers by road or any previous transport of the goods or passengers by any mode; or

(b) goods or passengers themselves so far as the documentation is relevant to their actual or proposed physical transport –

whether the documentation is in paper, electronic or any other form, and whether or not the documentation has been transmitted physically, electronically or in any other manner, and whether or not the documentation relates to a particular journey or to journeys generally, and includes (for example) any of the following:

(c) records kept, used or obtained by a responsible person in connection with the transport of the goods or passengers;

(d) workshop, maintenance and repair records relating to a vehicle or combination used, or claimed to be used, for the transport of the goods or passengers;

(e) a subcontractor’s payment advice relating to the goods or passengers or the transport of the goods or passengers;

(f) records kept, used or obtained by the driver of the vehicle or combination used, or claimed to be used, for the transport of the goods or passengers, including (for example) a driver’s run sheet, a logbook entry, a fuel docket or receipt, a food receipt, a tollway receipt, pay records and mobile or other phone records;

(g) information reported through the use of an intelligent transport system;

(h) driver manuals and instruction sheets;

(i) advice in any form from check weighing performed before, during or after a journey;

jurisdiction means the Commonwealth or a State or Territory;

legal entitlements of a vehicle or combination (or component of a vehicle or combination) means the particulars of the entitlements, conferred by or under an Australian road law, that authorise the vehicle or combination (or component) to be operated on a road, and includes –

(a) any entitlements arising under or as affected by a permit, authorisation, approval, exemption, notice or anything else given or issued in writing under such a law; and

(b) any entitlements arising under or as affected by restrictions, or by the application of restrictions, under an Australian road law or other laws (for example, sign-posted mass limits for bridges, hazardous weather condition permits, and special road-protection limits); and

(c) any entitlements arising under or as affected by an approved road transport compliance scheme;

load of a vehicle or combination, or in or on a vehicle or combination, means –

(a) all the goods, passengers and drivers in or on the vehicle or combination; and

(b) all fuel, water, lubricants and readily removable equipment carried in or on the vehicle or combination and required for its normal operation; and

(c) personal items used by a driver of the vehicle or combination; and

(d) anything that is normally removed from the vehicle or combination when not in use –

and includes a part of a load as so defined;

load restraint requirement means a requirement of an Australian 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 referred to in paragraph (a) , (b) or (c) ; or

(e) manages or controls an activity referred to in paragraph (a) , (b) , (c) or (d) ;

mass requirement means a requirement of an Australian 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 road law concerning mass limits relating to –

(i) the unladen 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 road law concerning mass limits relating to axle spacing; and

(c) a mass limit set out on a sign erected or displayed under an Australian road law (for example, a signposted bridge limit);

motor vehicle has the same meaning as in the Vehicle and Traffic Act 1999 ;

night means the period between sunset on one day and sunrise on the next day;

officer means an authorised officer or a police officer;

operator – see section 10 (Operators);

owner  –

(a) in relation to a vehicle (including a vehicle in a combination), means a person who –

(i) is the sole owner, a joint owner or a part owner of the vehicle; or

(ii) has possession or use of the vehicle under a credit, hire-purchase, lease or other agreement, except an agreement requiring the vehicle to be registered in the name of someone else; or

(b) in relation to a combination, means a person who –

(i) is the sole owner, a joint owner or a part owner of the towing vehicle in the combination; or

(ii) has possession or use of the towing vehicle in the combination under a credit, hire-purchase, lease or other agreement, except an agreement requiring the vehicle to be registered in the name of someone else;

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 packaging for transport by road; or

(b) assembles the goods in an outer packaging or unit load for transport by road; or

(c) supervises an activity referred to in paragraph (a) or (b) ; or

(d) manages or controls an activity referred to in paragraph (a) , (b) or (c) ;

passenger , in relation to a vehicle or combination, does not include a driver of the vehicle or combination or any person necessary for the normal operation of the vehicle or combination;

passenger-carrying vehicle means a vehicle where the primary purpose for which it was built, or permanently modified, was the carriage of passengers;

premises includes any structure, building, vessel or place (whether built on or not), and any part of any such structure, building, vessel or place;

prescribed distance means –

(a) a distance (travelling in any direction) within a radius of 30 kilometres of the location of the vehicle or combination when the direction is given; or

(b) any point along the forward route of the journey, if the direction is given in the course of a journey of the vehicle or combination;

prohibition order means an order under Division 7 of Part 6 ;

public authority means –

(a) the Crown in any capacity; or

(b) a body established by or under law, or the holder of an office established by or under law, for a public purpose, including a local government authority; or

(c) a police force or police service;

public safety means the safety of persons or property, including the safety of –

(a) the drivers of and passengers in vehicles and combinations; and

(b) persons on or in the vicinity of (or likely to be on or in the vicinity of) roads, road infrastructure and public places; and

(c) vehicles and combinations and any loads in or on them;

public street has the same meaning as in the Traffic Act 1925 ;

records means any documents, documentation or records, whether in paper, electronic or any other form;

registered operator  –

(a) in relation to a vehicle (including a vehicle in a combination), means the person recorded as the person responsible for that vehicle on a register maintained in accordance with –

(i) the Vehicle and Traffic Act 1999 ; or

(ii) a law of another State or a Territory dealing with the use of motor vehicles and trailers on roads; or

(b) in relation to a combination, means the person recorded as the person responsible for the towing vehicle in the combination on a register maintained in accordance with –

(i) the Vehicle and Traffic Act 1999 ; or

(ii) a law of another State or a Territory dealing with the use of motor vehicles and trailers on roads; or

(c) if the registration of a vehicle has expired, or been cancelled, the person last recorded as the person responsible for that vehicle under paragraph (a) or (b) , unless that person has notified the relevant Australian Authority that he or she is no longer responsible for that vehicle;

registration of a vehicle means registration of the vehicle under –

(a) the Vehicle and Traffic Act 1999 ; or

(b) a law of another State or a Territory dealing with the use of motor vehicles and trailers on roads;

regulations means regulations made and in force under this Act;

responsible entity , in relation to a freight container, see section 81 (Definition);

responsible person 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) respon sibilities 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 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 a preceding paragraph of this definition;

road authority means –

(a) a public authority that is responsible for the care, control or management of roads; or

(b) any person or body (whether or not a public authority) prescribed by the regulations for the purposes of this definition, in relation to specified roads or specified classes of roads;

road infrastructure includes –

(a) a road, including its surface or pavement; and

(b) anything under or supporting a road or its surface or pavement and maintained by a road authority; and

(c) any bridge, tunnel, causeway, ford or other work or structure forming part of a road system or supporting a road; and

(d) any bridge or other work or structure located above, in or on a road and maintained by a road authority; and

(e) any traffic control devices, railway or tramway equipment, electricity equipment, emergency telephone systems or any other facilities (whether of the same or a different kind) in, on, over, under or connected with anything referred to in paragraph (a) , (b) , (c) or (d) ; and

(f) anything declared by the regulations to be included in this definition –

but does not include anything declared by the regulations to be excluded from this definition;

road law means –

(a) this Act; and

(b) regulations made under this Act; and

(c) any other legislation prescribed by the regulations for the purposes of this definition;

road law offence means an offence against a road law;

road transport or "transport by road" means the transport of goods or passengers by road by means of a vehicle or combination;

run, in relation to the engine of a vehicle or combination, includes to start or stop the engine;

self-employed driver means a driver who is not an employed driver;

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) a vehicle declared by the regulations under the Vehicle and Traffic Act 1999 to be a special purpose vehicle for the purposes of the definition of special purpose vehicle in Schedule 2 of that Act;

specifications of a vehicle means the physical dimensions and other physical attributes of the vehicle and its fittings;

suitable location, in relation to a direction given by an officer, means a location that the officer believes on reasonable grounds to be suitable for the purpose of complying with the direction, having regard to any matters the officer considers relevant in the circumstances;

supervisory intervention order means an order under Division 6 of Part 6 ;

this jurisdiction means Tasmania;

traffic includes vehicular traffic, pedestrian traffic and all other forms of road traffic;

trailer has the same meaning as in the Vehicle and Traffic Act 1999 ;

transport documentation means –

(a) any contractual documentation directly or indirectly associated with –

(i) a transaction for or relating to the actual or proposed transport of goods or passengers by road or any previous transport of the goods or passengers by any mode; or

(ii) goods or passengers themselves so far as the documentation is relevant to their actual or proposed transport; or

(b) any associated documentation –

(i) contemplated in the contractual documentation; or

(ii) required by law, or customarily provided, in connection with the contractual documentation or with the transaction –

whether the documentation is in paper, electronic or any other form, and whether or not the documentation has been transmitted physically, electronically or in any other manner, and includes (for example) an invoice, vendor declaration, delivery order, consignment note, load manifest, export receival advice, bill of lading, contract of carriage, sea carriage document or container weight declaration, relating to the goods or passengers;

two-up driver means a person accompanying a driver of a vehicle or combination on a journey or part of a journey, who has been, is or will be sharing the task of driving the vehicle or combination during the journey;

unit load means a load of packaged goods that are –

(a) wrapped in plastic, 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;

vehicle includes a trailer;

work record means a work diary or a record of work time, rest time and driving time required to be kept by a driver in accordance with regulations under the Vehicle and Traffic Act 1999 .

(2)  Nothing in the definition of "suitable location" in subsection (1) , or in any other provision of this Act, prevents –

(a) the intended destination of the journey concerned; or

(b) the depot of the vehicle, or of a vehicle in the combination, concerned –

from being the nearest suitable location.

(3)  A reference in this Act to a mass, dimension or load restraint requirement is a reference to a mass requirement, a dimension requirement or a load restraint requirement.