Document ID: chunk:federal_register_of_legislation:F2016C00503:schedule:1:p1
Version: federal_register_of_legislation:F2016C00503
Segment Type: schedule
Provision Reference: sch 1 (pt 1/16)
Character Range: 5109–7882

Schedule 1—Text of the Model Act on Heavy Vehicle Speeding Compliance

The following provisions are intended to provide the basis for nationally consistent transport laws on the topics with which they deal.  They do not, of themselves, have any legal effect.
      Drafting note: This Bill has been drafted on the understanding that it will be made in each jurisdiction in conjunction with the equivalent of the C & E Act.

Part 1—Preliminary matters

Division 1—Introductory matters

1.  Name
  This is the Model Act on Heavy Vehicle Speeding Compliance.

2.  Approval
  This Act was approved by the Australian Transport Council on 21 December 2007.

3.  Purpose and outline
 (1) The main purpose of this Act is to improve road safety and compliance with road safety laws by imposing responsibility in relation to speeding by heavy vehicles on those whose business activities influence the conduct of the drivers of those vehicles.
 (2) In outline, this Act –
 (a) requires those who are most directly responsible for the operation of a heavy vehicle to take reasonable steps to ensure that their activities do not cause the driver to exceed speed limits; and
 (b) requires anyone who schedules the activities of a heavy vehicle, or its driver, to take reasonable steps to ensure that the schedule of the vehicle and the driver does not cause the driver to exceed speed limits; and
 (c) requires heavy vehicle loading managers to take reasonable steps to ensure that the loading or unloading arrangements for a vehicle do not cause the driver of the vehicle to exceed speed limits; and
 (d) requires certain people who consign goods for transport by heavy vehicle, or who receive such goods, to take reasonable steps to ensure that the terms of consignment of those goods do not cause heavy vehicle drivers to exceed speed limits; and
 (e) forbids anyone from asking a heavy vehicle driver to exceed speed limits and from entering into any agreement that causes a heavy vehicle driver to exceed speed limits.
Note: This Act does not impose any obligations on employed drivers.  Drivers of heavy vehicles are required to obey speed limits imposed under the Australian Road Rules, or as a condition of a permit or exemption that applies to a vehicle.  Penalties on drivers for failing to comply with speed limits include demerit points, licence suspension, cancellation or disqualification, and fines.

Division 2—Interpretative provisions

4.  Definitions
  In this Act –
C & E Act means <insert name of the jurisdiction legislation implementing the model legislation set out in Schedule 1 of the National Transport Commission (Road Transport Legislation – Compliance and Enforcement Bill) Regulations 2006 of the Commonwealth>;
consignee has the same meaning as it has in