Page 3277 - Week 09 - Tuesday, 18 August 2009
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some aspects of the national model scheme were classified as desirable rather than essential for nationally consistent outcomes. Whilst the desirable elements were included in the national model to provide a best practice legislative compliance and enforcement scheme, jurisdictions are free to adopt only those elements that can be accommodated within their criminal law and human rights policy framework. The ACT Road Transport (Mass, Dimensions and Loading) Bill has been drafted to achieve those outcomes.
In the remaining time I will turn to some of the details of that bill. I think it is important, and, of course, interesting, that the legislation that we are debating today forms part of a very full suite of ACT road transport legislation made up of a number of acts relating to alcohol and drugs, driver licensing, public passenger services, safety and traffic management, third party insurance and vehicle registration. In order to achieve the outcome we wish with the current bill, the Road Transport (Dimensions and Mass) Act 1990 will be repealed on enactment of this bill.
The primary objectives of the bill, which is concerned with heavy vehicles and heavy combinations with a gross vehicle mass greater than 4.5 tonnes, are to improve road safety, minimise the adverse impacts that heavy vehicle road transport has on road infrastructure, the environment and public amenity and make a demonstrable positive change in the on-road behaviour of those involved in the road transport industry.
The legislation, with its extended accountability to parties in the road transport supply chain and stronger enforcement powers and sanctions, has the potential to bring about a positive cultural change in how the heavy vehicle transport sector operates, including safer loading practices such as reduced instances of overloading and improved contract arrangements between vehicle operators and receivers—for example, receivers refusing to accept overloaded vehicles at their depots. Improved road safety is expected to be a significant outcome benefiting all road users.
The bill pertains to situations where the vehicle load is, or may be, a factor in a breach of the heavy vehicle road laws. This bill does not change the existing national maximum weight, height, width and length of loads for different categories of heavy vehicles and combinations. It simply endeavours to create a framework that facilitates effective compliance with these vehicle load standards.
I will go into some of the details of key elements of the legislation. An important feature of the bill is the introduction of a risk-based categorisation of breaches of the mass, dimensions and load restraint standards. Breaches are assessed as minor, substantial or severe based on the degree of appreciable risk to safety, road infrastructure, the environment and public amenity, having regard to the nature and severity of the breach, the consequences or likely consequences of the breach and any other relevant factors.
This approach recognises that not all offences pose the same degree of risk. The penalties in the bill increase in proportion to the level of risk associated with the offence. Breaches in the minor and substantial category may be dealt with by way of a fine. However, offences in the severe category, given the potential serious consequences of the breach, will be dealt with by the courts.
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