Vehicle and Traffic Amendment (Vehicle Standards) Act 2001
An Act to amend the Vehicle and Traffic Act 1999 to make provision in relation to vehicle standards, to make consequential amendments to certain other Acts and for related purposes
[Royal Assent 26 April 2001]
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:
This Act may be cited as the Vehicle and Traffic Amendment (Vehicle Standards) Act 2001 .
This Act commences on a day to be proclaimed.
In this Act, the Vehicle and Traffic Act 1999 is referred to as the Principal Act.The amendments effected by this section have been incorporated into the authorised version of the Vehicle and Traffic Act 1999 .The amendments effected by this section have been incorporated into the authorised version of the Vehicle and Traffic Act 1999 .The amendment effected by this section has been incorporated into the authorised version of the Vehicle and Traffic Act 1999 .The amendment effected by this section has been incorporated into the authorised version of the Vehicle and Traffic Act 1999 .The amendments effected by this section has been incorporated into authorised versions of the following Acts:
The amendments effected by this section have been incorporated into authorised versions of the following Acts:(a) Passenger Transport Act 1997 ;(b) Vehicle and Traffic Act 1999 .
The amendments effected by this section have been incorporated into authorised versions of the following Acts:(a) Taxi and Luxury Hire Car Industries Act 1995 ;(b) Vehicle and Traffic Act 1999 .
(a) Traffic Act 1925 ;(b) Vehicle and Traffic Act 1999 .
11. Savings and transitional provisions
The savings and transitional provisions set out in Schedule 1 have effect.
SCHEDULE 1 - Savings and transitional
1. InterpretationIn this Schedule –commencement day means the day proclaimed under section 2 ;Commission means the Transport Commission established under the Transport Act 1981 ;former legislation means the Traffic Act 1925 as in force immediately before the commencement day;former vehicle standards means the vehicle standards in force under the Traffic Act 1925 immediately before the commencement day;new vehicle standards means the vehicle standards in force under the Principal Act on and after the commencement day;Registrar means the Registrar of Motor Vehicles;transitional period means the 12 months immediately following the commencement day;vehicle standards means standards and requirements imposed by law about the design, construction and performance of a vehicle.
2. Continuation of flashing or rotating amber light permits(1) In this clause –amber light permit means a written permission that was issued under regulation 14AA(1)(c) of the Traffic (General and Local) Regulations 1956 before the commencement day and still in force immediately before that day.(2) An amber light permit that was issued for an indefinite period remains in force according and subject to its terms until the transitional period expires.(3) An amber light permit that was issued with an expiry date remains in force according and subject to its terms until whichever of the following first occurs:(a) midnight on the expiry date;(b) the transitional period expires.(4) An amber light permit that was issued only for a specified period remains in force according and subject to its terms until whichever of the following first expires:(a) the specified period;(b) the transitional period.
3. Continuation of bus construction and equipment approvals, &c.(1) In this clause –approval means an approval under clause 4, 5(1)(a), 6(2), 6(3), 6(4) or 9(8) of Schedule 11 to the Traffic (Miscellaneous) Regulations 1968 given before the commencement day;determination means a determination under clause 5(2)(b) of Schedule 11 to the Traffic (Miscellaneous) Regulations 1968 made before the commencement day.(2) If –the approval or determination is not affected by the rescission of the former vehicle standards but continues to have effect under the new vehicle standards in relation to that requirement.(a) an approval or determination relating to a bus construction and equipment requirement was still in effect under the former vehicle standards immediately before the commencement day; and(b) the new vehicle standards contain the same or a similar requirement –
4. Preservation of administrative decisions and acts(1) Any administrative act or decision done or made before the commencement day for or in relation to the former vehicle standards is effective (so far as relevant and applicable) subject to, and for the purposes of, the corresponding provisions of the new vehicle standards.(2) Any application made, or notice given, under the former legislation in respect of vehicle standards may be dealt with under the corresponding provisions of the Principal Act.(3) Any administrative act or administrative proceeding commenced (but not completed) in relation to the former vehicle standards may be continued and completed (so far as relevant and applicable) subject to, and for the purposes of, the corresponding provisions of the new vehicle standards.(4) For the purposes of this clause, any reference to the Commission in the former vehicle standards may, on and after that day, be taken to have been a reference to the Registrar.
5. Exemptions under vehicle standards regulations not exhaustive(1) In this clause –provision means a provision of an enactment or of any subordinate legislation made under an enactment.(2) Nothing in section 40A(3)(a) or (b) of the Principal Act as amended by this Act is to be taken as preventing or limiting the operation of any other provision that may, whether directly or indirectly and whether exclusively or in association with other kinds of authorisations, have the effect of enabling the Commission, the Registrar or another person to authorise the use of a vehicle on a public street contrary to any vehicle standards or to otherwise exempt a person or vehicle from any vehicle standards.(3) Subclause (2) has effect whether or not any regulations under section 40A(3)(a) or (b) of the Principal Act as amended by this Act are made and whether or not any regulations so made are in force.