Unfortunately the short answer is "yes'. Here in Vic the GVM is not to be exceeded. Our 'Plods' will exercise a deal of discretion but there is a line. One of the problems for any motorist is that a manufacturer will give the weight of a vehicle or trailer/van without full fuel tanks/water tanks/bed linen/passengers/ foodstuffs/extra batteries/extra spare tyres/extras gas bottles ad infinitum. These 'extras' add up to a lot of extra kilos and can put you well over the limit (and make your vehicle very unsafe especially in an emergency braking or manouvering situation. If you are in a serious collision or (God forbid) a fatal collision you're going to find yourself up that well known waterway without locomotion. Over more recent years, the various States have brought GVM to within spitting distance of each other but it's the 'extras' that vary what constitutes GVM.
Even though the 'Plods' use some discretion (plus we don't carry portable weighbridges in the boot and look for excessive weight indicators such as a sagging tug or van tyres that look pretty flat); VicRoads have priors for not having such a discretionary outlook. A few years back; (c1998) VicRoads decided to check vehicles for G.V.M. They set up a road block at a truck weighbridge and measured everything that came through towing something. Most were over and (under GVM rules enacted about 2 years earlier) the drivers had to either drop their caravan/horse floats etc and return with a 'heavier' vehicle or get impounded. Some motorist attempted to argue the point and were impounded. This caused quite a stir but VicRoads were acting within the letter of the law. They still exercise these little operations from time to time.
Unfortunately, many people had bought vehicles which could tow the trailer/van weight but had not allowed for the extras. Or conversely, the dealer had put in 'extras' but not told the consumer about the extra weight leaving little room for error. Remember; you have to count the weight of everything you put into either the tug and/or the c/van including your passengers.
If you are within your local GVM limits then you are going to be pretty right here. Just don't go a long way over.
For what it's worth.
-- Edited by Keith19837 on Monday 15th of July 2013 11:51:56 PM
Mark said
05:52 AM Jul 16, 2013
With the varying towing regulations that are in place from state to state, how does that affect people travelling from their home state to one which they are visiting?? Would each state police expect somebody from, let's say, WA to comply with the towing regulations in victoria just to travel through on a visit? Any thoughts? Mark
Mark said
06:59 AM Jul 16, 2013
Thanks Keith, I appreciate your reply and very detailed explanation.
What I was also interested in was a comment made about the use of the same type of wheel on the same axle, so, if I had a full set of alloy's on my cruiser and I had a puncture and put a steel spare on, in some states this would not be acceptable. How does the law/plod (with respect) deal with this kind of issue? Is a person from another state supposed to know all of the "laws" of the road for each state he/she travels on. Personally I have not had an issue, it was just something that I have wondered about, in fact, in WA (touch wood & whistle) the police have always been pretty fair in my opinion.
As I say it was more to do with what I would call "idiosyncracies" if that word could be used?
Thanks again
Mark
Keith19837 said
07:29 AM Jul 16, 2013
If it's evident that you are trying to do 'the right thing', then you'll have few troubles. Having said that, I'll go a bit further. In Victoria, there is a set of laws called 'irrebutable presumptions'. The first and most salient of these is that "Everyone is presumed to know the Law' . Great!!! We'll all pull out some 50 billion pages (sic) of Victoria Statutes and their accompanying Regulations for a little light reading. Basically it's one of those reverse onus Laws where you are guilty until you prove yourself innocent. You would have to prove that you took all reasonable steps to comply with Vic Laws and Regs. Most 'Plods' here are pretty good and will cut you a reasonable degree of slack. They know that so many changes to rules come about when some O/S vehicle manufacturer develops some new innovation. When seatbelts came in the 'Plod' knows it only applies to vehicles built after date 'X'. Similarly they know that different States have variations and act accordingly. The problem arises when 'Plod' is called to a collision and an unroadworthy vehicle is involved (especially in cases of serious injury or fatality). I would defy any manufacturer to make everyone of their vehicles strictly to Vic RWC regs. However a modicum of discretion is used. Unfortunately, (especially in today's climate of liability) every time a 'Plod' uses his discretion, he is leaving himself open to internal sanctions/charges and/or public/personal liability when he lets someone go with vehicular misdemeanours. 'Plod' must ask himself "...How much harm to the rest of the public could come of this..." and "....What are the ramifications for all involved..." Also a motorist must ask himself "...What will my Insurance company do if I'm driving outside of the relevant Laws/Regs? Will they negate/reduce my claim?" In Victoria, VicRoads also have the power to pull over any vehicle for traffic violations or random RWC checks (some exceptions) and they usually focus on commercial traffic.
For what it's worth.
ozjohn said
03:55 PM Jul 16, 2013
The National rules apply in all States. The main difference is for WA & NSW where trailers registered in those states must have the chains crossed.(Where 2 are fitted). NSW also required that where fitted a breakaway battery monitor fitted in the tow vehicle at time of registration of the trailer.
The police may pull a rig over for a roadworthy, but weighing doesn't fall within their duristriction. The States Road authorities are only interested if the tow vehicle has a CGM of 4.5t or greater. Many rigs will be below that and if they pulled into a RTA weigh station they would be waved through. If at anytime you,re pulled over for a weight check (Won't happen) ask under what legislation they are carrying out the exercise.
Note: GVM (Gross Vehicle Mass) refers to the maximum legal laden mass of a vehicle. The maximum legal laden mass of a trailer (Van) is the ATM (Aggregate Trailer Mass) which will be marked on the vans VIN Plate. Although is some states the registration papers may say GVM because the computers haven't been programed to accept of differentiate between GVM & ATM. GCM (Gross Combined Mass) is the maximum legal laden weight of both the vehicle and the trailer.
Cheers, ozjohn.
PS> I must say however that I fully support the weighing of vans, but without some sort of documentation (Trucks carry log books) to be carried by the driver I would wonder how it could effectively take place given that the tow & ball weights of similar vehicles are so far apart and they even vary even with the same models. That same can be said for vans and what about pre 1989 van where no Vin Plate is required. It would be a nightmare for the authorities and that's probably the main or only reason they steer clear of light trailers.
-- Edited by ozjohn on Wednesday 17th of July 2013 10:26:04 AM
Baz421 said
02:47 AM Jul 17, 2013
ozjohn wrote:
The National rules apply in all States. The main difference is for WA & NSW where trailers registered in those states must have the chains crossed.(Where 2 are fitted). NSW also required that where fitted a breakaway battery monitor fitted in the tow vehicle at time of registration of the trailer.
The police may pull a rig over for a roadworthy, but weighing doesn't fall within their duristriction.
Cheers, ozjohn.
Sorry the above is not correct John in regards to SA (see below) and I doubt that other states would not have legislation to allow authorised officers including police to weight or DIRECT a vehicle ANY VEHICLE suspected of non compliance to be weighed. I worked in this area years ago,,, if you look you will find there is legislation to cover almost everthing.
SA Road Traffic ACT is an example of powers.
40QPower to inspect vehicle on road or certain official premises
(1) This section applies to a vehicle located at a place
(a) on a road; or
(b) in or on premises occupied or owned by a public authority,
whether or not the vehicle is unattended.
(2) An authorised officer or police officer may inspect a vehicle for compliance purposes.
(3) The officer may enter the vehicle for the purpose of or in connection with conducting
the inspection.
(4) The officer may exercise powers under this section at any time, and without the
consent of the driver or other person apparently in charge of the vehicle or any other
person.
(5) Without limiting the above, the power to inspect a vehicle under this section includes
any or all of the following:
(a) the power to weigh, test, measure or take photographs of the vehicle or any
part of it or its equipment or load;
(b) the power to check the existence or details of, or take photographs of,
placards or other information required under an Australian road law or under
an approved road transport compliance scheme to be displayed in or on the
vehicle, including placards or other information relating to its specifications,
capabilities or legal entitlements;
(c) the power to inspect and take copies of or extracts from any records that are
located in or on the vehicle and that are required to be carried in or on the
vehicle under an Australian road law or under an approved road transport
compliance scheme;
(d) the power to access or download information that is required to be kept under
an Australian road law or under an approved road transport compliance
scheme and that is
(i) stored electronically in equipment located in or on the vehicle; or
(ii) accessible electronically from equipment located in or on the vehicle.
-- Edited by ozjohn on Tuesday 16th of July 2013 04:01:37 PM
Keith19837 said
02:52 AM Jul 17, 2013
G'day Ozjohn. Sorry to disagree, but in Victoria the Transport Safety Service (VicRoads enforcement arm) have the same powers of interception as the Victoria Police. These powers are under the Road Safety Act 1986 and further powers for them are found under the Transport Safety Act (Regulations) and others. Weights for any vehicles on Victorian roads also fall under Victoria Police jurisdiction although they mainly leave to VicPol State Highway Task Force (part of the TMU aka Highway Patrol) unless it's staring them in the face. Personally I wouldn't ask a VicRoads Officer where he gets his powers from because that's likely to cause him to take a very close look at your vehicle. GVM is one of the terms defined under part I of the Road Rules 1999 and Road Safety Act 1986. and it's various multitude of regulations.
For what it's worth.
Baz421 said
02:55 AM Jul 17, 2013
NT legislation covers everything,,,,, Traffic Act.
9 Appointment of inspectors, &c. (1) The Director may appoint such inspectors and officers as the Director thinks necessary for the purposes of this Act.
(2) In addition to the powers conferred, and the functions imposed, on an inspector or officer under this Act, an inspector or officer shall have and may exercise such powers and perform such functions of the Director as the Director determines.
10 Delegation (1) The Minister, the Director or the Registrar may, by instrument in writing, delegate to a person or competent authority any of their respective powers and functions under this Act, other than this power of delegation.
If I recall all police are automatically included.
Keith19837 said
03:12 AM Jul 17, 2013
Sorry Baz. I think I somehow interrupted your post causing it to split into two separate posts. I don't know how that happened but my apologies.
Baz421 said
03:22 AM Jul 17, 2013
Keith19837 wrote:
Sorry Baz. I think I somehow interrupted your post causing it to split into two separate posts. I don't know how that happened but my apologies.
Nah I did it!!!!!!!!
Plendo said
03:34 AM Jul 17, 2013
Wow the knowledge and experience we are benefiting from on this post is amazing, thanks guys.
My understanding (just from reading the rules) of the rules relating to GVM is the the weight of your towing vehicle with everything aboard and the towed trailer connected must not exceed the GVM.
Thus if you drove into the weigh bridge parked the tow vehicle on the weigh bridge with the van wheels off the actual weighbridge then your weight must be less than the GVM. Tough if you have full tanks, bullbar, roof racks, fridge etc.
Some manufacturers make it even harder by specifying the kerb weight with empty tanks, and no driver (GVM = Kerb weight plus Payload).
ozjohn said
05:15 AM Jul 17, 2013
The following is copied from a post by a member of another forum. Thanks Palew.
RTA AUTHORITY
In South Australia our officers are known as Senior Transport Safety Compliance Officers (STSCO's) and in legislation they are referred to as Authorised Officers. Their core role is to undertake compliance activities in relation to heavy vehicles that are 4.5 tonnes or greater. This may include the combination of a vehicle and caravan as its gross weight maybe 4.5 tonnes or greater. If a STSCO believes that a vehicle and caravan combination is 4.5 tonnes or greater they can utilise legislative powers under the Road Traffic Act, 1961 in relation to such matters as mass, dimension, load restraint, fatigue, roadworthiness, licence and registration. In the event that a combination weighs less than 4.5 tonnes and a breach of legislation is considered - then that will be referred to the South Australia Police for their action.
In relation to the specific issues you raised in your email below, I provide the following responses in the context of what I provided above:
1. What if any authority do RTA Inspectors have to stop, detain and inspect any of the above mentioned vehicles? Authorised Officers have the power under Section 40H of the Road Traffic Act to stop a vehicle to enable the exercise of other powers.
2. Can RTA Inspectors issue Defect Notices (for un-roadworthy) vehicles detected driving on a road within SA? Authorised officers using the above power to stop the vehicle can then inspect the vehicle for compliance with vehicle standards or maintenance requirements under Section 145 of the Road Traffic Act - Defect Notices
3. Can RTA Inspectors actually stop and detain vehicles/drivers as per the above? Authorised officers have the power to direct the driver to stop the vehicles under Section 40H of the Road Traffic Act Authorised officers can direct the driver or any other person not to do one or more of the following - Move the vehicle. interfere with it or any equipment in or on it. interfere with its load.
4. If such a vehicle was detained by RTA Inspectors are they legally permitted to search such vehicles? Whilst Authorise Officers have the power under Section 40Q and 40R of the Road Traffic Act to inspect or search a vehicle - in practice they do so only in relation to offences such as fatigue or an examination to ascertain its roadworthiness.
5. Can RTA Inspectors direct the driver of above vehicles (particularly of caravans and trailers) to have their vehicle(s) weighed? Authorised Officers have the power under Section 40I of the Road Traffic Act to direct a vehicle to a location within a prescribed distance. In practice if they suspect the combination of vehicle and caravan is 4.5 tonnes or greater the driver can be directed to a weigh station within a 30 kilometre radius.
6. Is there any authority that permit RTA Inspectors to compel such driver (as above) to proceed to a designated weigh station? Authorised Officers have the power under Section 40I of the Road Traffic Act to direct a vehicle to a location within a prescribed distance of 30 kilometres.
I will also say that if a combination of vehicle and caravan is 4.5 tonnes or greater there is an obligation on the driver to enter an operating weigh bridge when approaching signs indicate that it is open. Our offices also carry portable weigh scales in the event there are no weigh bridges within a 30 km radius. Thank you once again for your email.
Kind regards Ken Rickard Manager, Compliance Unit Department for Transport, Energy and Infrastructure 1 Wright Road Walkley Heights South Australia Phone 08 82600369 Fax 08 82600061 Mobile 0429000776 Email ken.rickard@sa.gov.au Internet site URL http://www.sa.gov.au
Dear Palew
Thank you for your email enquiry to the Roads and Traffic Authority (RTA) about the enforcement and apprehension of motor vehicles. Taking the specific questions in turn:
Recently lively discussions were held amongst a group of my caravaners. The subject was enforcement and apprehension of motor vehicles including caravans being driven on roads within New South Wales.
What if any authority does RTA inspectors have to stop, detain and inspect any of the above mentioned vehicles?
RTA inspectors have the authority to stop any vehicle being used in the course of business for mass loading and access compliance checks. This does not include the stopping of light vehicles (under 4.5 tonnes, not being used in the course of business).
Heavy vehicles may also be stopped for various other compliance purposes.
Can RTA inspectors issue defect notices (for un-roadworthy) vehicles detected driving on a road within NSW?
Yes.
Can RTA inspectors actually stop and detain vehicles/drivers as per the above.
See above
If such a vehicle was detained by RTA inspectors are they legally permitted to search such vehicles?
Yes, if the vehicle type and use is as referred to above.
Can RTA inspectors direct the driver of above vehicles (particularly of caravans and trailers) to have their vehicles weighed?
Yes, if the vehicle type and use is as referred to above.
Is there any authority that permits RTA inspectors to compel such drivers (as above) to proceed to a designated weigh station ?
Yes, if vehicle type and use is as referred to above.
Thank you again for bringing this matter to the RTAs attention.
Kind regards
Jagtar Rakkar Correspondence Team Customer Service Directorate Roads and Traffic Authority NSW 30th September 2011
p.s. For those of us that may exceed (gross combined) 4.5 tons then if directed onto a weighbridge either by operator or sign, looks like we have no alternative other than to comply.
But bet you get waved through unless your rig looks way out of kilt or unroadworthy.
Mark said
05:55 AM Jul 18, 2013
A big thankyou to all those that have replied, some of whom I hoped would!!
Great information
Whilst I am not proud to admit that I know I am heavy, and despite carrying out several "clearouts" (including all the seats except driver and passenger in the tug) living on the road full time attracts weight, it is encouraging to see that there is a bit of discretionaly lee-way by the powers that be and that "looks" play an important role. I do it myself, look at other set-ups and think "yep, that's heavy" but I am happy and satisfied with my own set-up and the modifications that I have made to help with the weight and keeps the tug and caravan on a level plain.
I am grateful for all of your input and the time spent on piecing this information together.
Unfortunately the short answer is "yes'. Here in Vic the GVM is not to be exceeded. Our 'Plods' will exercise a deal of discretion but there is a line. One of the problems for any motorist is that a manufacturer will give the weight of a vehicle or trailer/van without full fuel tanks/water tanks/bed linen/passengers/ foodstuffs/extra batteries/extra spare tyres/extras gas bottles ad infinitum. These 'extras' add up to a lot of extra kilos and can put you well over the limit (and make your vehicle very unsafe especially in an emergency braking or manouvering situation. If you are in a serious collision or (God forbid) a fatal collision you're going to find yourself up that well known waterway without locomotion. Over more recent years, the various States have brought GVM to within spitting distance of each other but it's the 'extras' that vary what constitutes GVM.
Even though the 'Plods' use some discretion (plus we don't carry portable weighbridges in the boot and look for excessive weight indicators such as a sagging tug or van tyres that look pretty flat); VicRoads have priors for not having such a discretionary outlook. A few years back; (c1998) VicRoads decided to check vehicles for G.V.M. They set up a road block at a truck weighbridge and measured everything that came through towing something. Most were over and (under GVM rules enacted about 2 years earlier) the drivers had to either drop their caravan/horse floats etc and return with a 'heavier' vehicle or get impounded. Some motorist attempted to argue the point and were impounded. This caused quite a stir but VicRoads were acting within the letter of the law. They still exercise these little operations from time to time.
Unfortunately, many people had bought vehicles which could tow the trailer/van weight but had not allowed for the extras. Or conversely, the dealer had put in 'extras' but not told the consumer about the extra weight leaving little room for error. Remember; you have to count the weight of everything you put into either the tug and/or the c/van including your passengers.
If you are within your local GVM limits then you are going to be pretty right here. Just don't go a long way over.
For what it's worth.
-- Edited by Keith19837 on Monday 15th of July 2013 11:51:56 PM
With the varying towing regulations that are in place from state to state, how does that affect people travelling from their home state to one which they are visiting??
Would each state police expect somebody from, let's say, WA to comply with the towing regulations in victoria just to travel through on a visit?
Any thoughts?
Mark
Thanks Keith,
I appreciate your reply and very detailed explanation.
What I was also interested in was a comment made about the use of the same type of wheel on the same axle, so, if I had a full set of alloy's on my cruiser and I had a puncture and put a steel spare on, in some states this would not be acceptable. How does the law/plod (with respect) deal with this kind of issue? Is a person from another state supposed to know all of the "laws" of the road for each state he/she travels on. Personally I have not had an issue, it was just something that I have wondered about, in fact, in WA (touch wood & whistle) the police have always been pretty fair in my opinion.
As I say it was more to do with what I would call "idiosyncracies" if that word could be used?
Thanks again
Mark
If it's evident that you are trying to do 'the right thing', then you'll have few troubles. Having said that, I'll go a bit further. In Victoria, there is a set of laws called 'irrebutable presumptions'. The first and most salient of these is that "Everyone is presumed to know the Law' . Great!!! We'll all pull out some 50 billion pages (sic) of Victoria Statutes and their accompanying Regulations for a little light reading. Basically it's one of those reverse onus Laws where you are guilty until you prove yourself innocent. You would have to prove that you took all reasonable steps to comply with Vic Laws and Regs. Most 'Plods' here are pretty good and will cut you a reasonable degree of slack. They know that so many changes to rules come about when some O/S vehicle manufacturer develops some new innovation. When seatbelts came in the 'Plod' knows it only applies to vehicles built after date 'X'. Similarly they know that different States have variations and act accordingly. The problem arises when 'Plod' is called to a collision and an unroadworthy vehicle is involved (especially in cases of serious injury or fatality). I would defy any manufacturer to make everyone of their vehicles strictly to Vic RWC regs. However a modicum of discretion is used. Unfortunately, (especially in today's climate of liability) every time a 'Plod' uses his discretion, he is leaving himself open to internal sanctions/charges and/or public/personal liability when he lets someone go with vehicular misdemeanours. 'Plod' must ask himself "...How much harm to the rest of the public could come of this..." and "....What are the ramifications for all involved..." Also a motorist must ask himself "...What will my Insurance company do if I'm driving outside of the relevant Laws/Regs? Will they negate/reduce my claim?" In Victoria, VicRoads also have the power to pull over any vehicle for traffic violations or random RWC checks (some exceptions) and they usually focus on commercial traffic.
For what it's worth.
The National rules apply in all States. The main difference is for WA & NSW where trailers registered in those states must have the chains crossed.(Where 2 are fitted).
NSW also required that where fitted a breakaway battery monitor fitted in the tow vehicle at time of registration of the trailer.
The police may pull a rig over for a roadworthy, but weighing doesn't fall within their duristriction.
The States Road authorities are only interested if the tow vehicle has a CGM of 4.5t or greater. Many rigs will be below that and if they pulled into a RTA weigh station they would be waved through.
If at anytime you,re pulled over for a weight check (Won't happen) ask under what legislation they are carrying out the exercise.
Note:
GVM (Gross Vehicle Mass) refers to the maximum legal laden mass of a vehicle.
The maximum legal laden mass of a trailer (Van) is the ATM (Aggregate Trailer Mass) which will be marked on the vans VIN Plate. Although is some states the registration papers may say GVM because the computers haven't been programed to accept of differentiate between GVM & ATM.
GCM (Gross Combined Mass) is the maximum legal laden weight of both the vehicle and the trailer.
Cheers, ozjohn.
PS> I must say however that I fully support the weighing of vans, but without some sort of documentation (Trucks carry log books) to be carried by the driver I would wonder how it could effectively take place given that the tow & ball weights of similar vehicles are so far apart and they even vary even with the same models.
That same can be said for vans and what about pre 1989 van where no Vin Plate is required.
It would be a nightmare for the authorities and that's probably the main or only reason they steer clear of light trailers.
-- Edited by ozjohn on Wednesday 17th of July 2013 10:26:04 AM
G'day Ozjohn. Sorry to disagree, but in Victoria the Transport Safety Service (VicRoads enforcement arm) have the same powers of interception as the Victoria Police. These powers are under the Road Safety Act 1986 and further powers for them are found under the Transport Safety Act (Regulations) and others. Weights for any vehicles on Victorian roads also fall under Victoria Police jurisdiction although they mainly leave to VicPol State Highway Task Force (part of the TMU aka Highway Patrol) unless it's staring them in the face. Personally I wouldn't ask a VicRoads Officer where he gets his powers from because that's likely to cause him to take a very close look at your vehicle. GVM is one of the terms defined under part I of the Road Rules 1999 and Road Safety Act 1986. and it's various multitude of regulations.
For what it's worth.
NT legislation covers everything,,,,, Traffic Act.
9 Appointment of inspectors, &c.
(1) The Director may appoint such inspectors and officers as the Director thinks necessary for the purposes of this Act.
(2) In addition to the powers conferred, and the functions imposed, on an inspector or officer under this Act, an inspector or officer shall have and may exercise such powers and perform such functions of the Director as the Director determines.
10 Delegation
(1) The Minister, the Director or the Registrar may, by instrument in writing, delegate to a person or competent authority any of their respective powers and functions under this Act, other than this power of delegation.
If I recall all police are automatically included.
Sorry Baz. I think I somehow interrupted your post causing it to split into two separate posts. I don't know how that happened but my apologies.
Nah I did it!!!!!!!!
Wow the knowledge and experience we are benefiting from on this post is amazing, thanks guys.
My understanding (just from reading the rules) of the rules relating to GVM is the the weight of your towing vehicle with everything aboard and the towed trailer connected must not exceed the GVM.
Thus if you drove into the weigh bridge parked the tow vehicle on the weigh bridge with the van wheels off the actual weighbridge then your weight must be less than the GVM. Tough if you have full tanks, bullbar, roof racks, fridge etc.
Some manufacturers make it even harder by specifying the kerb weight with empty tanks, and no driver (GVM = Kerb weight plus Payload).
The following is copied from a post by a member of another forum.
Thanks Palew.
RTA AUTHORITY
In South Australia our officers are known as Senior Transport Safety Compliance Officers (STSCO's) and in legislation they are referred to as Authorised Officers. Their core role is to undertake compliance activities in relation to heavy vehicles that are 4.5 tonnes or greater. This may include the combination of a vehicle and caravan as its gross weight maybe 4.5 tonnes or greater. If a STSCO believes that a vehicle and caravan combination is 4.5 tonnes or greater they can utilise legislative powers under the Road Traffic Act, 1961 in relation to such matters as mass, dimension, load restraint, fatigue, roadworthiness, licence and registration. In the event that a combination weighs less than 4.5 tonnes and a breach of legislation is considered - then that will be referred to the South Australia Police for their action.
In relation to the specific issues you raised in your email below, I provide the following responses in the context of what I provided above:
1. What if any authority do RTA Inspectors have to stop, detain and inspect any of the above mentioned vehicles?
Authorised Officers have the power under Section 40H of the Road Traffic Act to stop a vehicle to enable the exercise of other powers.
2. Can RTA Inspectors issue Defect Notices (for un-roadworthy) vehicles detected driving on a road within SA?
Authorised officers using the above power to stop the vehicle can then inspect the vehicle for compliance with vehicle standards or maintenance requirements under Section 145 of the Road Traffic Act - Defect Notices
3. Can RTA Inspectors actually stop and detain vehicles/drivers as per the above?
Authorised officers have the power to direct the driver to stop the vehicles under Section 40H of the Road Traffic Act
Authorised officers can direct the driver or any other person not to do one or more of the following -
Move the vehicle.
interfere with it or any equipment in or on it.
interfere with its load.
4. If such a vehicle was detained by RTA Inspectors are they legally permitted to search such vehicles?
Whilst Authorise Officers have the power under Section 40Q and 40R of the Road Traffic Act to inspect or search a vehicle - in practice they do so only in relation to offences such as fatigue or an examination to ascertain its roadworthiness.
5. Can RTA Inspectors direct the driver of above vehicles (particularly of caravans and trailers) to have their vehicle(s) weighed?
Authorised Officers have the power under Section 40I of the Road Traffic Act to direct a vehicle to a location within a prescribed distance. In practice if they suspect the combination of vehicle and caravan is 4.5 tonnes or greater the driver can be directed to a weigh station within a 30 kilometre radius.
6. Is there any authority that permit RTA Inspectors to compel such driver (as above) to proceed to a designated weigh station?
Authorised Officers have the power under Section 40I of the Road Traffic Act to direct a vehicle to a location within a prescribed distance of 30 kilometres.
I will also say that if a combination of vehicle and caravan is 4.5 tonnes or greater there is an obligation on the driver to enter an operating weigh bridge when approaching signs indicate that it is open. Our offices also carry portable weigh scales in the event there are no weigh bridges within a 30 km radius.
Thank you once again for your email.
Kind regards
Ken Rickard
Manager, Compliance Unit
Department for Transport, Energy and Infrastructure
1 Wright Road
Walkley Heights
South Australia
Phone 08 82600369
Fax 08 82600061
Mobile 0429000776
Email ken.rickard@sa.gov.au
Internet site URL http://www.sa.gov.au
Dear Palew
Thank you for your email enquiry to the Roads and Traffic Authority (RTA) about the enforcement and apprehension of motor vehicles. Taking the specific questions in turn:
Recently lively discussions were held amongst a group of my caravaners. The subject was enforcement and apprehension of motor vehicles including caravans being driven on roads within New South Wales.
What if any authority does RTA inspectors have to stop, detain and inspect any of the above mentioned vehicles?
RTA inspectors have the authority to stop any vehicle being used in the course of business for mass loading and access compliance checks. This does not include the stopping of light vehicles (under 4.5 tonnes, not being used in the course of business).
Heavy vehicles may also be stopped for various other compliance purposes.
Can RTA inspectors issue defect notices (for un-roadworthy) vehicles detected driving on a road within NSW?
Yes.
Can RTA inspectors actually stop and detain vehicles/drivers as per the above.
See above
If such a vehicle was detained by RTA inspectors are they legally permitted to search such vehicles?
Yes, if the vehicle type and use is as referred to above.
Can RTA inspectors direct the driver of above vehicles (particularly of caravans and trailers) to have their vehicles weighed?
Yes, if the vehicle type and use is as referred to above.
Is there any authority that permits RTA inspectors to compel such drivers (as above) to proceed to a designated weigh station ?
Yes, if vehicle type and use is as referred to above.
Thank you again for bringing this matter to the RTAs attention.
Kind regards
Jagtar Rakkar
Correspondence Team
Customer Service Directorate
Roads and Traffic Authority NSW
30th September 2011
p.s. For those of us that may exceed (gross combined) 4.5 tons then if directed onto a weighbridge either by operator or sign, looks like we have no alternative other than to comply.
But bet you get waved through unless your rig looks way out of kilt or unroadworthy.
A big thankyou to all those that have replied, some of whom I hoped would!!
Great information
Whilst I am not proud to admit that I know I am heavy, and despite carrying out several "clearouts" (including all the seats except driver and passenger in the tug) living on the road full time attracts weight, it is encouraging to see that there is a bit of discretionaly lee-way by the powers that be and that "looks" play an important role. I do it myself, look at other set-ups and think "yep, that's heavy" but I am happy and satisfied with my own set-up and the modifications that I have made to help with the weight and keeps the tug and caravan on a level plain.
I am grateful for all of your input and the time spent on piecing this information together.
Regards
Mark