The purpose of this paper is to present for public discussion and comment the compliance and enforcement provisions of the proposed national Road Transport Law. These provisions are required to support the standards and requirements for vehicles, drivers and vehicle operations which are contained mainly in Regulations under the `Road Transport Reform (Vehicles and Traffic) Act 1993'. The paper is in two sections. Section A reviews the steps taken by the Commission in the development of this proposal and summarises comments received during the consultative process. It then outlines the main elements of the proposed legislation and the principles applied in its development. Section B sets out, in the form of detailed instructions for the drafting of legislation, the compliance and enforcement provisions of the proposed national `Road Transport Law'. Section B also includes a commentary, in the form of annotations, outlining the policies underlying particular aspects of the proposal. Section B is divided into six parts, each dealing with a discrete aspect of heavy vehicle compliance and enforcement. Part 1 deals with the appointment and powers of authorised officers and other persons responsible for enforcing the `Road Transport Law'. Part 2 sets out some general provisions relating to the responsibilities of persons involved in road transport for compliance with standards and requirements, and the liability that arises as a result of a breach of those standards and requirements. Part 3 sets out particular obligations of operators, drivers and other persons in relation to compliance with the Regulations which have been made, or are proposed to be made, under the Vehicle Operations module. Part 4 contains provisions relating to the use of evidence in legal proceedings arising out of breaches of the legislation. Part 5 sets out the sanctions and penalties which may be applied for breaches of the legislation. Part 6 contains definitions of several terms and concepts which are used throughout the drafting instructions. The material is presented in this format for the purpose of consultation and public discussion on the policy underlying the legislation. The provisions are not necessarily in the form in which they will emerge after drafting and settling by Parliamentary Counsel. Nor do they necessarily represent the concluded view of the Commission on the policy content of national legislation relating to compliance and enforcement. The final form and content remain to be determined in the light of responses and comments received.
Samenvatting