Part VI Part VI
PART 21 PART 21
PILOT VEHICLES, INDIVISIBLE LOADS
185. For the purposes of this Part of these Regulations, the following terms shall have the meanings respectively assigned to them:-
"excess dimension vehicle"-a motor vehicle required under these regulations to be escorted by one or more pilot vehicles;
"pilot vehicle"-a vehicle used for the purpose of escorting, and warning of the presence on a road of, an excess dimension vehicle;
"pilot vehicle driver's licence"-a licence issued by the Commissioner for Transport pursuant to these regulations authorising the holder thereof to drive any pilot vehicle;
"pilot vehicle licence"-a licence issued by the Commissioner for Transport pursuant to these regulations authorising the holder thereof to operate as a pilot vehicle any specified vehicle in respect of which the licence is issued.
186. (I) Every application for a pilot vehicle driver's licence or a pilot vehicle licence shall be made directly to the Commissioner for Transport.
(2) The provisions of regulations I 03 (I), I 04 and 127 shall apply to every application for a pilot vehicle driver's licence or a pilot vehicle licence or a renewal thereof, provided that a reference to the District Superintendent or Superintendent shall be read as a reference to the Commissioner for Transport.
187. (I) The Commissioner for Transport shall not issue a pilot vehicle licence to an applicant unless he is satisfied that-
(a) the applicant is in all respects a fit and proper person to hold a pilot vehicle licence, having regard to the nature of pilot vehicle operations;
(b) each vehicle to which the pilot vehicle licence will apply is a motor car, motor utility truck or motor truck with a gross vehicle mass not exceeding 4.5 tonnes;
(c) each vehicle to which the pilot vehicle licence will apply, together with its equipment, is suitable for operation as a pilot vehicle, having regard to the requirements of Schedule C to these Regulations;
(d) each vehicle to which the pilot vehicle licence will apply is registered in accordance with the relevant provisions of the Main Roads Regulations 1933 or corresponding legislation of any other State, or of a Territory, of the Commonwealth; and
(e) the applicant is the owner of each vehicle to which the pilot vehicle licence will apply.
(2) A pilot vehicle licence-
(a) shall authorise the operation as a pilot vehicle of each vehicle to which it applies;
(b) shall state the place from which the business of operating each vehicle as a pilot vehicle may be conducted; and
(c) shall not be capable of transfer from one person to another.
(3) It shall be a condition of every pilot vehicle licence that each vehicle to which it applies shall at all times be operated and equipped in accordance with the requirements set out in Schedule C to these Regulations, and such other requirements as the Commissioner for Transport may specify having regard to the specific nature of the operations likely to be conducted by the licence holder, and shall at all times comply with the requirements of any other Act having applicability to the design, construction and use of that vehicle.
(4) It shall be a condition of every pilot vehicle licence that the holder thereof, and any person employed by him in relation to the operation as a pilot vehicle of any vehicle to which the licence applies, shall comply at all times with the provisions of the Wireless
Telegraphy Act 1905, and shall not cause or permit or suffer any other person to contravene the provisions of that Act.
188. (l) There shall be submitted with every application for a pilot vehicle driver's licence three unmounted identical photographs of the applicant each measuring 50 millimetres by 63.5 millimetres. Each photograph shall be of recent origin and be of the head and shoulders only, taken "full face" without hat, sunglasses or like item, and against a plain background. The applicant shall have a person, to whom he is well known, endorse in his own handwriting on the back of one of the photographs the wording "I certify this to be a genuine photograph of (insert name of applicant in full)" and have that person place his usual signature and date of signing immediately thereunder. Photographs shall not be required to be submitted in the case of any application for renewal except where in the opinion of the Commissioner for Transport new photographs should be submitted, having regard to the changes in the physical characteristics of the applicant or deterioration in the existing photographs.
(2) The Commissioner for Transport shall not issue a pilot vehicle driver's licence to an applicant unless he is satisfied that-
(a)-
(i) the applicant is the holder of a current driver's licence authorising him to drive all vehicles referred to in regulation 18 7 ( l) (b) and an articulated vehicle; and
(ii) the applicant has held such driver's licence for the whole period of the three years immediately preceding his application for the pilot vehicle driver's licence,
provided that in the case of a person who makes application within 3 months of the coming into force of this Part of these regulations and who is able to prove to the satisfaction of the Commissioner for Transport that in the course of the six months immediately preceding the coming into force of this Part of these regulations he demonstrated substantial proficiency in escorting motor vehicles in accordance with permission granted under Part I of Division 3 of the Schedule to Part 13, the requirement of the holding of an articulated vehicle driver's licence shall not apply; and (b) the applicant is in all respects a fit and proper person to hold a pilot vehicle
driver's licence.
(3) Notwithstanding the provisions of subregulation (2), the Commissioner for Transport may require any applicant for a pilot vehicle driver's licence to establish, by such written and practical examination as the Commissioner for Transport shall determine, proficiency as a pilot vehicle driver.
189. (I) A pilot vehicle licence or pilot vehicle driver's licence shaii be in force for not longer than twelve months. For the purpose only of calculating any renewal date, the licence shall be deemed to be in force for the period of any suspension thereof.
(2) Unless otherwise approved by the Commissioner for Transport having regard to the circumstances of any particular case, an application for renewal of a pilot vehicle licence or a pilot vehicle driver's licence shall be made to the Commissioner for Transport not earlier than four weeks, and not later than two weeks, prior to the expiration of the licence.
(3) The Commissioner for Transport shall not renew a pilot vehicle licence or a pilot vehicle driver's licence unless he is satisfied that the applicant has complied with the requirements of his licence and these regulations, and continues to be a fit and proper person to hold the licence.
190. (I) A person shall not operate or cause or permit to be operated a vehicle as a pilot vehicle unless-
(a) he holds in respect of that vehicle a current pilot vehicle licence; or (b) he is a primary producer escorting or causing to be escorted the movement
of an excess dimension vehicle intended, or the loading upon which is intended, for use for primary production purposes on land under his immediate control.
(2) The holder of a pilot vehicle licence shall not cause or permit the vehicle to which the licence applies to be operated as a pilot vehicle unless-
(a) where such permission is required to be obtained, the prior written permission of the District Superintendent or Superintendent under clause 43 of Part 1 of Division 3 of the Schedule to Part 13 has been obtained in respect of the movement of the excess dimension vehicle;
(b) all conditions specified in any prior written permission, and in the pilot vehicle licence, so far as concern the escort of the excess dimension vehicle are complied with;
(c) the driver of the pilot vehicle is the holder of a current pilot vehicle driver's licence; and
(d) any other person travelling in the pilot vehicle is the holder of a pilot vehicle driver's licence, or is directly connected with the safe movement of the excess dimension vehicle.
191. (1) A person shall not drive a vehicle which is being operated as a pilot vehicle
unless- -
(a) there is in existence a current pilot vehicle licence which applies to that vehicle; and
(b) he is the holder of a current pilot vehicle driver's licence.
(2) Subregulation (1), and subregulation (5) of regulation 192, shall not have application to a person who is, or who is acting under the direction of, a primary producer as referred to in regulation 190 ( 1) (b).
192. (1) A person shall not upon any road drive a vehicle upon which are displayed any of the signs referred to in clauses 1 and 2 of Schedule C to these regulations unless the vehicle is actually being operated as a pilot vehicle.
(2) The driver of a pilot vehicle shall drive that vehicle at such distance from the excess dimension vehicle as will provide adequate warning to drivers of other vehicles of the presence on the road of the excess dimension vehicle and as will allow him to provide adequate warning to the driver of the excess dimension vehicle of potential danger.
(3) The driver of a pilot vehicle shall give all such directions to the driver of the excess dimension vehicle being escorted, and all such warnings to the drivers of other vehicles, as are in the circumstances reasonable for him to give for the purpose of preventing any occurrence likely to result in death of, or injury to any person or loss or damage to any property.
(4) The driver of any excess dimension vehicle being escorted by a pilot vehicle shall comply with any direction or signal given by the driver of the pilot vehicle under subregulatioiC (3).
(5) The driver of a pilot vehicle, and the driver of the excess dimension vehicle being escorted by that vehicle, shall at all times maintain contact by means of two-way radio equipment.
(6) The driver of a vehicle which is being operated as a pilot vehicle shall at all times ensure that-
(a) the headlights of the vehicle are lit; and
(b) each rotating flashing amber light with which the vehicle is equipped is operating.
193. The holder of a pilot vehicle driver's licence who ceases to hold a driver's licence in respect of any of the vehicles specified in regulation 187 (1) (b) shall forthwith forward his pilot vehicle driver's licence to the Commissioner for Transport.
194. (1) Subject to the operation of regulation 195, the Commissioner for Transport may cancel or suspend for a period which he shall specify a pilot vehicle licence or a pilot vehicle driver's licence if-
(a) the holder of the licence fails to comply with or observe any condition thereof;
or
(b) the Commissioner for Transport is of the opmwn that by reason of the manner in which the holder of the licence has operated or caused or permitted to be operated a pilot vehicle or has conducted himself as the driver of a pilot vehicle, and having regard to the safety of the public generally, the holder is not a fit and proper person to hold the licence.
(2) When the Commissioner for Transport cancels or suspends a pilot vehicle licence or a pilot vehicle driver's licence, he shall by notice advise the holder of that licence of his decision, and that person shall forthwith deliver up the licence to the Commissioner for Transport within the time specified in the notice.
195. (l) If at any time in the opinion of the Commissioner for Transport grounds exist for the suspension or cancellation, pursuant to regulation 194 ( 1 ), of a pilot vehicle licence or a pilot vehicle driver's licence he may by notice in writing call upon the holder of the licence, as that holder may elect, either-
(a) to attend at the place and time set out in the notice to produce the licence;
or
(b) to reply in writing to the Commissioner for Transport within the time specified in the notice,
and show cause why the licence should not be suspended or cancelled. The notice shall specify the grounds hereinbefore referred to.
(2) At the place and time set out in the notice referred to in subregulation ( 1 ), or, as the case rnay be, on receipt of the reply in writing, or if the holder of the licence fails to attend at the place and time set out in the notice or to reply in writing within the time specified in· the notice, the Commissioner for Transport shall make full inquiry into the matter.
(3) Cancellation or suspension of a pilot vehicle licence or pilot vehicle driver's licence pursuant to these regulations shall take effect on and from the service upon the holder of the licence of the notice given by the Commissioner for Transport pursuant to regulation 194 (2).
196. (l) Every holder of a pilot vehicle licence or pilot vehicle driver's licence shall within twenty-eight days after change of his name and within seven days after change of his place of residence or business give written notice thereof. to the Commissioner for Transport and, if required by the Commissioner for Transport, produce his licence. The Commissioner for Transport, on being satisfied as to the correctness of the information supplied by the holder of the licence shall endorse upon the licence, or upon an endorsement slip which he shall issue to the holder for attachment to the licence-
(a) the changed name or changed place of residence or business, as the case may be, of the holder of the licence; and
(b) the date on which the endorsement was made or the endorsement slip was
issued. ·
An endorsement slip so issued shall become part of the licence.
(2) The holder of a licence in respect of which an endorsement slip has been issued shall forthwith on receipt of that slip securely affix it to the licence.
197. The holder of a pilot vehicle licence or a pilot vehicle driver's licence may by notice in writing to the Commissioner for Transport surrender that licence, whereupon the licence shall cease to have any force or effect. The licence shall be forwarded to the Commissioner for Transport with the notice in writing.
198. The holder of a pilot vehicle driver's licence shall at all times while he is acting under its authority keep the licence in a readily accessible place and produce it for inspection when requested to do so by an authorised officer.
199. A person shall not wilfully deface, mutilate or destroy a pilot vehicle licence or a pilot vehicle driver's licence.
r.
200. The holder of a pilot vehicle licence or a pilot vehicle driver's licence which has been lost, stolen, destroyed, mislaid, defaced or mutilated or upon which the particulars have become illegible shall forthwith-
(a) apply in writing to the Commissioner for Transport for a duplicate licence, setting out the reasons therefor; and
(b) forward to the Commissioner for Transport any such licence in his possession which has been defaced or mutilated or upon which the particulars have become illegible,
and the Commisioner for Transport upon proof of the facts to his satisfaction, may issue a duplicate licence to the holder of the licence. The duplicate licence so issued shall be clearly marked with the words indicating that it is a duplicate issued in lieu of an original licence and shall contain all the particulars and endorsements that appeared on the original licence. Upon the issue of the duplicate licence, a person shall not use the original licence for any purpose whatsoever.
201. A person shall deliver to the Commissioner for Transport any pilot vehicle licence or pilot vehicle driver's licence which is or which comes into his possession and which has expired by the eftluxion of time or in respect of which a duplicate licence has been issued.
202. Except where authorised by the Commissioner for Transport to the contrary, a person shall-
(a) before he sells or otherwise disposes of a vehicle in respect of which he holds a current pilot vehicle licence;
(b) at the expiry of a pilot vehicle licence issued to him in respect of any vehicle;
remove from the vehicle any marking which indicates or would tend to indicate that the vehicle is operated as a pilot vehicle.
203. (I) The holder of a pilot vehicle driver's licence shall at all times maintain, in a form acceptable to the Commissioner for Transport, an accurate record of the following-
( a) the time and place of commencement of any escort;
(b) the hours driven for the purpose of any escort;
(c) the duration of any rest periods taken during any escort;
(d) an accurate description of the loading carried and of the dimensions of the excess dimension vehicle under escort; and
(e) details of the rou~e traversed.
(2) The holder of a pilot vehicle driver's licence shall at all times that he is operating a pilot vehicle keep the record referred to in subregulation ( 1) in a readily accessible place in the vehicle and shall produce such record for examination upon the request of an authorised officer.
204. {I) A person who contravenes or fails to comply with any provision of this Part of these regulations commits an offence against this Part of these regulations.
(2) A person who-
(a) fails to do what he is directed or required to do;
(b) does what he is forbidden to do;
by a person acting under the authority of this Part of these Regulations commits an offence against this Part of these regulations.
(3) A person who commits an offence against this Part of these regulations is liable to a penalty of $250.
205. {I) For the purposes of this regulation, "indivisible article" means any item of plant, equipment or other loading being carried upon a motor vehicle as a single item, and not being readily capable of being dismantled.
(2) Notwithstanding the provisions of Part I of Division 3 of the Schedule to Part 13 but subject to subregulations (3) to (7) inclusive of this regulation-
( a) any prior written permission of the District Superintendent or Superintendent under that Part shall not include a condition that the motor vehicle· in respect of which permission is sought be escorted by a pilot vehicle or a police vehicle where-
(i) the motor vehicle is carrying an indivisible article which is not more than 21.4 metres in length, neither the article nor the motor vehicle exceeds 3.5 metres in width, and the overall height of the loaded motor vehicle does not exceed 4.3 metres; or
(ii) the motor vehicle is carrying an indivisible article which is loaded upon a drawn or articulated self-steering trailer exceeding 16 metres in length when measured from the point of articulation to the rear extremity of the motor vehicle or of the article loaded thereon, the overall length of the loade<!.
motor vehicle does not exceed 25 metres, neither the article nor the motor vehicle exceeds 3.5 metres in width, and the overall height of the loaded motor vehicle does not exceed 4.3 metres; or
(iii) the motor vehicle is an articulated vehicle of the type commonly known as a low loader, the overall dimensions of which, whether loaded or not, do not exceed 25 metres in length, 3.5 metres in width, and 4;3 metres in height;
(b) the prior written permission of the District Superintendent or Superintendent under that Part shall not be required in respect of a motor vehicle carrying an indivisible article, where that motor vehicle is escorted by at least one pilot vehicle and where the article exceeds 21.4 metres in length but does not exceed 25 metres in length, neither the article nor the motor vehicle exceeds 4 metres in width and the overall height of the loaded motor vehicle does not exceed 5 metres;
(c) the prior written permission of the District Superintendent or Superintendent under that Part shall not be required in respect of a motor vehicle carrying an indivisible article where that motor vehicle is escorted by at least two pilot vehicles and where the article exceeds 25 metres in length but does not exceed 30 metres in length, neither the article nor the motor vehicle exceeds 4.6 metres in width, and the overall height of the loaded motor vehicle does not exceed 5 metres;
(d) it shall be a condition of any prior written permission of the District Superintendent or Superintendent under that Part that a motor vehicle in respect of which permission is sought shall be escorted by-
(i) one pilot vehicle and one police vehicle (or such greater number in either case as the written permission shall specify) where the motor vehicle is carrying an indivisible article which exceeds 30 metres in length but does not exceed 35 metres in length, neither the article nor the motor vehicle exceeds 4.6 metres in width, and the overall height of the loaded motor vehicle does not exceed 5 metres;
(ii) two police vehicles (or such greater number as the written permission shall specify) where the motor vehicle is carrying an indivisible article which exceeds 35 metres in length, neither the article nor the motor vehicle exceeds 4.6 metres in width, and the overall height of the loaded motor vehicle does not exceed 5 metres;
(3) Notwithstanding the provisions of subregulation (2) but subject to subregulation (7), it shall be a condition of any prior written permission of the District Superintendent or Superintendent that a motor vehicle in respect of which permission is sought shall be escorted by-
(a) two pilot vehicles and one police vehicle (or such greater number in either case as the written permission shall specify) where the motor vehicle is carrying an indivisible article and the width of the article exceeds 4.6 metres but does not exceed 6.1 metres;
(b) one pilot vehicle and two police vehicles (or such greater number in either case as the written permission shall specify) where the motor vehicle is carrying an indivisible article the width of which exceeds 6.1 metres.