PART II PART II
PART 13 PART 13
CONSTRUCTION OF VEHICLES, AND EQUIPMENT, LOADING, USE AND INSPECTION OF VEHICLES
VEHICLES TO COMPLY WITH SCHEDULE
68. (1) A person shall not drive or stand a vehicle or permit to stand a vehicle upon any road unless-
(a) such vehicle is equipped with the items of equipment appropriate thereto specified in and required by the Schedule to this Part of these Regulations;
(b) such items of equipment conform with the requirements specified in such Schedule;
(c) it is so constructed, equipped and loaded that it complies with all other provisions appropriate thereto specified in such Schedule;
(d) the vehicle and its parts and equipment are in a good and thoroughly serviceable condition:
Provided that in respect of the items of lighting equipment set out in Divisions 4 and 5 of the Schedule of this Part of these Regulations in the case of vehicles described in those Divisions it shall be sufficient compliance with this subregulation if such vehicles are so equipped during hours of darkness only.
DRIVER TO REPORT DEFECT TO OWNER
(2) Where any person employed by the owner of a motor vehicle to drive that vehicle becomes aware that such vehicle is not in good mechanical order and in a safe and thoroughly serviceable condition to be used upon any road, he shall, as soon as practicable, prepare in duplicate a report on a form supplied to him for that purpose by the owner, showing the date thereof and the registered number of the vehicle and specifying what parts or equipment of the vehicle need, in his opinion, to be repaired, replaced or adjusted to put it in good mechanical order and in a safe and thoroughly serviceable condition.
One copy of the report shall be retained by such person and the other, as soon as practicable, shall be left by him with the owner or where it is not practicable for the owner personally to take delivery of it, for the owner with a person or at a place appointed by the owner for that purpose.
OWNER'S LIABILITY
(3) Without limiting the liability of any other person where a motor vehicle is driven upon a road in contravention of subregulation ( 1) hereof the owner of such vehicle shall be guilty of an offence.
OWNER'S DUTY TO PROVIDE AND RETAIN REPORT FORM
(4) The owner of a motor vehicle who employs any person to drive such vehicle shall-
(a) provide such person with forms for the purpose of subregulation (2) hereof and appoint a person with whom or a place at which any report referred to in such subregulation may be left for him when it is not practicable for him personally to take delivery of it;
(b) retain for a period of six months from the date thereof, the copy of the report left with or for him and forthwith upon demand by any Police Officer produce it or cause it to be produced for inspection.
(5) The provisions of subregulations (2) and (4) hereof shall not impair the liability of any person under subregulations (1) and (3) hereof.
NOT PERMIT PERSON TO DRIVE WITHOUT OWNER'S CONSENT
(6) The driver of a motor vehicle upon any road shall not permit any other person to drive such motor vehicle without the consent of the owner thereof.
ALTERATION OF MOTOR VEHICLE CHASSIS, BODY OR EQUIPMENT
(7) A person shall not-
(a) extend or otherwise alter any motor vehicle chassis unless approval for such extension or alteration is first obtained from the Chief Inspector of Motor Vehicles;
(b) change or alter the body or any of the equipment of any motor vehicle in such a way as to affect adversely the safety of such vehicle.
As amended by regulations published Gazette 20 October 1973, pp. 944-6; 13 March 1982, pp. 987-1003.
(8) Notwithstanding any requirement of Part 13 of these Regulations to the contrary, and without the approval of the Chieflnspector of Motor Vehicles pursuant to paragraph (a) of subregulation (7), there may be fitted-
( a) a replacement engine to a passenger car or passenger car derivative manufactured prior to the first day of January, 1974, provided-
(i) the replacement engine shall be either-
(A) that specified in the Table to this subregulation for the particular make and model of the passenger car or passenger car derivative; or
(B) except where an engine specified in the Table is listed as the only replacement engine for the particular make and model, any engine the capacity, brake horse power and torque of which do not exceed the capacity, brake horse power and torque (in each case) of the engine specified in the Table for the particular make and model;
(ii) any vehicle alteration or modification specified in the Table is carried out in association with the fitting of the replacement engine; and
(iii) the fitting of the replacement engine does not require any other alteration to the motor vehicle chassis;
(b) a replacement engine to a passenger car, passenger car derivative or multipurpose passenger car manufactured on or after the first day of January, 1974, provided-
(i) the replacement engine is an engine offered as an original option by the vehicle's manufacturer;
(ii) where relevant, the braking and suspension systems of the vehicle are upgraded to the level specified by the vehicle's manufacturer for such a vehicle when fitted with the option; and
(iii) the replacement engine complies with the emission and noise requirements of the Australian Design Rules applicable at time of manufacture of the vehicle;
(c) exhaust extractors to any motor vehicle, provided-
(i) they do not foul any part of the steering, suspension, braking or fuel systems;
(ii) the ground clearance of the vehicle is not thereby lessened; and
(iii) the vehicle, as modified by the fitting of the exhaust extractors, complies with the emission and noise requirements of the Australian Design Rules applicable at the time of the vehicle's manufacture;
(d) a replacement carburettor to any motor vehicle provided the vehicle, as modified by the fitting of the replacement carburettor, complies with the emission and noise requirements of the Australian Design Rules applicable at the time of the vehicle's manufacture.
TABLE TO REGULATION 68 (8) Make/Model of Vehicle
Austin- A30 Freeway ..
Sprite Chevrolet-
1934-1948 Impala 283 V8 ..
Corvair . . . Chrysler-
Valiant all slant 6 ..
Valiant VC-VG Charger 1972/73VH All Chrysler/Valiant Datsun-
1000 and 1200 ..
1600 . . . . 120Y . . . . 180B ..
240/260 ..
Fiat- 124 ....
Ford-
Falcon-XL-XP XR-XT XW-XA XR-XD
B.M.C.
Holden B.M.C.
Holden Holden Holden Chrysler Chrysler Chrysler Chrysler Perkins Nissan Nissan Nissan Nissan Holden Fiat Ford Ford Ford Nissan Daihatsu V.M.
lsuzu Ford Cortina-Series I Ford II.. Ford III T.C. Ford
Escort Capri-1600 3000
Ford Ford Hillman-
Minx 1964 Imp ....
Hunter/Arrow Jaguar .. ... . Holden-
1948-FJ-FE-FC FB-EK-EJ ..
Hillman Hillman Nissan Holden Holden Holden
Replacement Engine
61 c. ins.
173 c. ins.
73 c. ins.
173 c. ins.
308 c. ins. V8 179 c. ins.
OHV OHV OHV
245 c. ins. (Hemi) } Subject to disc front 265 c. ins. 6 cyl. brakes being 318 c. ins. V8 fitted
360 c. ins. V8 6/236 Diesel 73 c. ins.
122 c. ins.
73 c. ins.
122 c. ins.
186 c. ins.
91 c. ins.
200 c. ins. } 302 c. ins.
351 c. ins.
129 c. ins.
154 c. ins.
146 c. ins.
145 c. ins.
144 c. ins.
91 c. ins. } 96 c. ins.
250 c. ins.
122 c. ins.
289 c. ins.
96 c. ins. } 64 c. ins.
122 c. ins.
308 c. ins.
138 c. ins.
186 c. ins.
OHV OHV-OHC OHV OHV-OHC OHV OHV-OHC Subject to brakes
and suspension to Ford specification for V8 being used SD 22 Diesel 4 cylinder Diesel 4 cylinder Diesel C240 Diesel 4/2.36 Diesel Subject to OHV
engines only Subject to 6 cylinder
model suspension and braking being used
Subject to OHV engines being used Subject to Hunter G.T. disc brakes being fitted
Subject to EH-HR model front cross
TABLE TO REGULATION 68 (8)-continued Make/Model of Vehicle
EH . . . HD-HR ..
HK-HT-HG-HQ ..
HD-HR-HK-HT -HG- HQ to 1-1-74
Torana-
HB-LC 70 series LC1600-1760 LC2250-3300 ..
U-1256 .. . . U-1600 .. . . U (six cylinders) TA 1900 Opal ..
Morris-
Minor MM and Series 2 Minor 1000 .. . . . . ..
Major Series I-II and Elite
Mini 850 Morris Triumph-
Stag V8 .. . . . . . . . .
Leyland- P 76 V8 ..
Toyota- Crown ..
Volkswagon- 1961-1967 . . 1967 to 1-1-74 ..
Daihatsu 4 x 4- FIOL
Land Rovers- All Suzuki-
4 cylinder U 80 } 3 cylinder U 50 Toyota-
Holden Holden G.M.H.
Perkins 4/230 Daihatsu Isuzu C240 Nissan SD22 V.M. 4 cyl.
G.M.H.
G.M.H.
Holden G.M.H . G.M.H . Holden Holden B.M.C.
B.M.C.
B.M.C.
B.M.C.
BMC/Leyland BMC/Leyland Holden
v.w . v.w.
Daihatsu Holden Suzuki
Replacement Engine
186 c. ins.
202 c. ins.
350 c. ins. V8
203 c. ins.
154 c. ins.
145 c. ins.
129 c. ins.
146 c. ins.
74 c. ins.
107 c. ins.
202 c. ins.
73 c. ins.
107 c. ins.
202 c. ins.
Starfire engine only 73 c. ins.
73 c. ins.
96 c. ins.
61 c. ins.
269 c. ins.
269 c. ins.
202 c. ins.
91 c. ins.
96 c. ins.
91 c. ins.
202 c. ins.
48 c. ins.
member and brake system being fitted Subject to brakes and suspension to GMH specifica- tions for V8 being used
Subjectto 1000 series brakes being fitted
Subject to ball joint torsion bar front suspension and disc front brakes being fitted
TABLE TO REGULATION 68 (B)-continued Make/Model of Vehicle
Land Cruiser Holden/Ford
Willy s-
Ex Army Jeep Holden
J Series
Gladiator . . Holden
Replacement Engine 253 c. ins./260 c. ins.
138 c. ins.
308 c. ins.
As amended by regulations published 13 March 1982, pp. 987-1003; 2 June 1984, pp. 1000-4.
LIGHTING OF VEHICLES
69. (1) A person shall not during hours of darkness drive upon a road-
(a) any motor vehicle unless the lamps required by Part I of Division 2 of the Schedule to this Part of these Regulations to be fitted to the vehicle are alight:
Provided that this requirement shall not apply in respect of any lamp at any time when such lamp is required or permited under these Regulations to be extinguished by the operation of a dipping device or otherwise;
(b) any vehicle drawn by animal power unless the lamps prescribed in Division 4 of the Schedule to this Part of these Regulations are fitted to the vehicle and are alight;
(c) any bicycle, tricycle, handcart, barrow or other similar vehicle propelled or designed for propulsion by human power unless the lamps prescribed in Division 5 of the Schedule to this Part of these Regulations are fitted to such vehicle and are alight.
DIPPING OF HEADLIGHTS
(2) The driver of a motor vehicle equipped with a dipping device shall cause the light projected by every headlamp of his motor vehicle to be dipped when his vehicle-
( a) is within 200 metres to the rear of a vehicle travelling in the direction in which he is travelling; or
(b) is approached by any other motor vehicle travelling in the opposite direction- (i) when the other motor vehicle reaches a point 200 metres from his motor
vehicle; or
(ii) immediately the light projected by every headlamp of the other motor vehicle is dipped (whichever is the sooner),
and shall cause the light projected by every headlamp of his motor vehicle to remain dipped until he has overtaken or passed each such motor vehicle.
As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59; 13 March 1982, pp. 987-1003.
LIGHTS ON STATIONARY MOTOR VEHICLES
70. (1) A person shall not stand a motor vehicle upon a road with a lamp of a power exceeding 7 watts lighted showing a white light to the front except while the vehicle is taking up or setting down passengers or is compelled to remain stationary by the exigencies of traffic.
(2) A person shall not stand a motor vehicle or trailer upon any carriageway between sunset and sunrise unless there are affixed thereto- ·
(a) two lamps showing a clear white light to the front one on each side thereof and clearly visible under normal atmospheric conditions at a distance of at least 200 metres or, where the motor vehicle or trailer is standing adjacent
to the boundary of the carriageway, one such lamp which shall be on the side of the motor vehicle or trailer nearer the centre of the carriageway; and (b) the rear lamp and any clearance lamps required by the Schedule to this Part
of these Regulations to be fitted to the vehicle or trailer and such lamp or lamps is or are alight.
(3) Subregulation (2) of this Regulation shall not apply-
( a) where the street lighting in the vicinity renders the motor vehicle or trailer clearly visible at a distance of at least 200 metres; or
(b) to motor cycles not connected to a side-car, fore-car or trailer standing parallel to and as near as practicable to the edge of the carriageway.
(4) Whilst a motor vehicle is standing upon a road at any time during hours of darkenss any optional lamp permitted to be affixed to the vehicle by clauses 35, 36 and 37 of the Schedule to this Part of these Regulations may be alight.
As amended by regulations published Gazette 22 December 1962, p. 1603; 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.
MOTOR VEHICLE LAMPS-GENERAL PROVISIONS
71. A person shall not cause or permit-
FOG LAMP
(a) any fog lamp affixed to a motor vehicle upon a road to be lighted except in fog or mist, or under other atmospheric conditions which restrict visibility;
(b) a single fog lamp attached to a motor vehicle other than a motor cycle, upon a road, to be lighted unless the two additional lamps required under clause 40 (1) (b) of the Schedule to this Part of these Regulations are also lighted;
(c) a lamp or lamps of a power exceeding seven (7) watts and capable of showing white light to the front of the vehicle to be alight when any fog lamp or lamps, as the case may be, are alight;
SPOT OR SEARCH LAMP
(d) any spot or search lamp affixed to a motor vehicle upon a road to be lighted unless-
(i) the vehicle is stationary and the lamp is lighted and used for the purpose of examining or making adjustment or repairs to a vehicle, and the light from the lamp is not projected more than 6 metres;
(ii) the lamp is lighted for the temporary purpose of reading any finger or notice board or house number; or
(iii) the vehicle is being used by a governmental or municipal shire or other authority concerned with any public utility undertaking in connection with its functions;
ADDITIONAL HEADLAMP
(e) any additional headlamp permitted by clause 42 of the Schedule to this Part of these Regulations to be fitted to a motor vehicle to be lighted when the vehicle-
(i) is upon a road in a built-up area; or
(ii) is being driven upon a road when any approaching vehicle is visible to its driver.
As amended by regulations published Gazette 16 June 1972, p. 869; 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.
TRAM LIGHTS
72. A person shall not during hours of darkness drive any tram upon any road unless it is equipped with a lighted headlamp affixed in a prominent position on the front thereof
showing a white light to the front of such tram, visible under normal atmospheric conditions at a distance of at least 200 metres from such tram and another lighted lamp affixed in a prominent position on the rear thereof showing a light to the rear of such tram visible under normal atmospheric conditions at a distance of at least 200 metres from such tram.
As amended by regulations published Gazette 22 December 1962, p. 1603; 22 June 1974, pp. 11 16-20; 29 November 1975, pp. 1255-59.
ONLY ONE VEHICLE TO BE DRAWN 73. A person shall not upon any road drive any vehicle drawing-
(a) more than one other vehicle;
(b) in the case of an articulated vehicle-any other vehicle;
(c) any bicycle or tricycle:
Provided that where a prime mover drawing a trailer has mechanical failure, it shall not be an offence under this Regulation for a towing vehicle to tow such prime mover and trailer to a place of safety or to a suitable place for repairs if the brakes of the vehicles being towed are in a fit condition to stop such vehicles and hold them stationary and there is a qualified driver in control of such prime mover.
73A. A person shall not, upon any road, drive any vehicle when a bumper bar of such vehicle or any attachment or attachments affixed to such bumper bar is or are used for the purpose of towing a trailer, caravan or vehicle.
Inserted by regulations published Gazette 11 April 1970, p. 1400.
TOWING
74. (1) A person shall not upon any road drive any vehicle having attached thereto for the purpose of being towed any other vehicle not being a trailer unless-
( a) the space between the two vehicles does not exceed 4 metres, or, where either of the vehicles is a motor cycle, 2. 5 metres;
(b) Where the vehicle being towed is a motor vehicle, a person holding a driver's licence authorising him to drive such vehicle is in control thereof for the purposes of the towing;
(c) where the two vehicles are joined by means of a rope, chain, wire, or other similar means, there is displayed between the vehicles a red flag or other object so as to be clearly visible as a warning of danger;
(d) where the vehicle being towed is not designed for propulsion by mechanical power, it is fastened with the shafts or pole thereof in actual contact with the towing vehicle;
(e) during hours of darkness, in addition to the requirements of these Regulations being complied with in respect of the towing vehicle, a lighted lamp or, when in the case of an emergency where a light cannot be so provided, a reflector is affixed to that part of the vehicle being towed which faces any following vehicle, in the centre of such part or to the right hand or offside of such centre, and which shows a red light or in the case where the use of a reflector is so authorised and provided a red reflection of light of the headlamp or headlamps of any following motor vehicle to the rear of the vehicle being towed, visible under normal atmospheric conditions at a distance of at least 200 metres from such vehicle, and where the two vehicles are joined by means of a rope, chain, wire or other similar means a white light is projected by a lamp or lamps affixed to the vehicle being towed or the towing vehicle, so that it will render clearly visible any flag or other object displayed in accordance with paragraph (c) of this Regulation.
Notwithstanding any other provision of these Regulations, where a vehicle is being towed no light shall be displayed thereon so as to be visible to the driver of any following vehicle, except as provided in paragraph (e) of this Regulation, or except light from any clearance, side marker or rear lamp required or permitted by the Schedule to this Part of these Regulations to be fitted to the vehicle.
r. 75
(2) Where upon any road a vehicle is being towed by another vehicle a person shall not be in control of the towed vehicle for the purposes of the towing unless such person is the holder of a driver's licence authorising him to drive such vehicle.
As amended by regulations published Gazette 22 December 1962, p. 1603; 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59; 9 February 1980, p. 458.
MAXIMUM LENGTH, WIDTH, HEIGHT, &c.
75. (1) A person shall not drive or cause or permit to stand upon a road- (a) any motor vehicle (not being a m:otor cycle or a mobile crane which is 9.5
metres or less in length) where the loading or equipment upon such vehicle or any trailer drawn thereby-
(i) projects more than 1.2 metres in front of the headlamps of the motor vehicle;
(ii) projects more than 1.2 metres to the rear of the motor vehicle or trailer, as the case may be; or
(iii) projects more than 150 millimetres beyond the extreme outer portion of either side of the motor vehicle or trailer as the case may be;
(b) any motor cycle without a side-car attached if any loading or equipment upon such motor cycle projects more than 150 millimetres in front of the outer extremity of the front wheel or more than 300 millimetres behind the outer extremity of the rear wheel or such loading projects beyond the extreme outer portion of the cycle on either side;
(c) any motor cycle with a side-car attached if-
(i) any part of the vehicle or its loading or equipment projects more than 600 millimetres in front of the front wheel or more than 900 millimetres behind the outer extremity of the rear wheel of the motor cycle; or
(ii) such loading projects beyond the extreme outer portion of the vehicle on either side;
(d) any articulated vehicle first registered on or after the 1st January, 1962, not being a vehicle to which a pole trailer is attached, if any part of the semi- trailer or its loading or equipment projects more than 1.9 metres radially forward of the axis of the pivot pin;
(e) any vehicle or vehicle and trailer drawn by animal power where the loading or equipment upon such vehicle or trailer-
(i) projects past the head of any animal harnessed to such vehicle;
(ii) projects more than 1 metre behind the body of the vehicle if such vehicle is a two-wheeled vehicle or I metre behind the body or behind the rear wheels if such vehicle is a four-wheeled vehicle;
(iii) in the case of any pole type jinker, projects beyond the rear end of the pole thereof;
(iv) projects more than 300 millimetres upon the outer side of the wheels or body of such vehicle:
Provided that the requirements of paragraphs (a) and (e) of subregulation (I) of this Regulation shall not apply in respect of any loading or equipment projecting more than 1.2 metres to the rear of any motor vehicle or of any trailer drawn thereby or more than I metre to the rear of any vehicle drawn by animal power if-
(a) the overall length of the vehicle or of the combination of vehicle and trailer, as the case may be, together with the loading or equipment thereon, is within the relevant limit fixed by the Schedule to this Part of these Regulations;
(b) there is carried at the extreme rear of such loading or equipment a red flag or other suitable object, in either case not less than 300 millimetres square, and such flag or object is kept clearly visible as a warning to persons on the roadway in the near vicinity of such vehicle or trailer; and