South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"accident" includes—
(a) a
collision between 2 or more vehicles; or
(b) any
other accident or incident involving a vehicle in which a person is killed or
injured, property is damaged, or an animal in someone's charge is killed or
injured;
"air cushioned vehicle" means a motor vehicle (commonly known as a ground
effect machine or hovercraft) which is supported during operation, above land
or water, by air vertically displaced by means of the power plant of the
vehicle;
"approved road transport compliance scheme" means a scheme, agreement or
arrangement that—
(a) is
prescribed by the regulations; or
(b) is
identified by, or is of a class identified by, the regulations,
and that makes provision for compliance with and enforcement of any
Australian road laws, including (for example) a scheme, agreement or
arrangement that provides for—
(c) a
system of accreditation-based compliance; or
(d) an
intelligent transport system; or
(e) a
system applying alternative legal entitlements to those otherwise applicable,
such as one based on performance-based standards;
"area" means a municipality or district council district;
"articulated motor vehicle" means a combination consisting of a prime mover
towing one semi-trailer;
"associate"—see section 9;
"Australian Authority" means the Minister, the Registrar of Motor Vehicles or
a corresponding Authority;
"Australian police officer" means—
(a) a
police officer; or
(b) a
member (however described) of the police force or police service of another
jurisdiction;
"Australian road law" means a road law or a corresponding road law;
"Australian road law offence" means an offence against an Australian road law;
"Australian Road Rules"—see section 80;
"authorised officer" means a person appointed as an authorised officer, or of
a class of persons appointed as authorised officers, under Part 2 Division 4;
"axle" means one or more shafts positioned in a line across a vehicle, on
which one or more wheels intended to support the vehicle turn;
"axle group" means a single axle group, tandem axle group,
twinsteer axle group, tri-axle group or quad-axle group;
"base" of a driver—see section 8;
"bicycle" means a vehicle with one or more wheels that is built to be
propelled by human power through a belt, chain or gears (whether or not it has
an auxiliary motor), and—
(a)
includes a pedicab, penny-farthing, scooter, tricycle and unicycle; but
(b) does
not include a wheelchair, wheeled recreational device, wheeled toy, or any
vehicle with an auxiliary motor capable of generating a power output over 200
watts (whether or not the motor is operating);
"body corporate" includes the Crown in any capacity and any body or entity
that is not a natural person;
"breach of a mass, dimension or load restraint requirement", "breach of a
mass, dimension or load restraint requirement in this State" and "breach of a
mass, dimension or load restraint requirement in another jurisdiction
—see section 119;
"breach of a vehicle standards or maintenance requirement —see
section 116;
"bus" means a motor vehicle built mainly to carry people that seats over 12
adults (including the driver);
"capabilities" of a vehicle means the functional capabilities of the vehicle
or any of its components, as determined by the vehicle’s manufacturer or
by an Australian Authority, and includes—
(a) its
GCM and GVM; and
(b) its
speed capabilities;
"combination" means a group of vehicles consisting of a motor vehicle
connected to one or more vehicles;
"commercial motor vehicle" means—
(a) a
motor vehicle constructed or adapted solely or mainly for the carriage of
goods; or
(b) a
motor vehicle of the type commonly called a utility; or
(c) a
bus;
"condition" includes a limitation;
"conduct" means an act or an omission to perform an act;
"consignee" of goods means—
(a) a
person who, with the person’s authority, is named or otherwise
identified as the intended consignee of the goods in the
transport documentation relating to the transport of the goods by road; or
(b) a
person who actually receives the goods after the goods are transported by
road,
but does not include a person who merely unloads the goods;
"consignor" of goods means—
(a) a
person who, with the person’s authority, is named or otherwise
identified as the consignor of the goods in the transport documentation
relating to the transport of the goods by road; or
(b) a
person who engages an operator of a vehicle, either directly or indirectly or
through an agent or other intermediary, to transport the goods by road; or
(c) a
person who has possession of, or control over, the goods immediately before
the goods are transported by road; or
(d) a
person who loads a vehicle with the goods, for transport by road, at a place
where goods in bulk are stored or temporarily held and that is usually
unattended (except by the driver of the vehicle, a trainee driver or any
person necessary for the normal operation of the vehicle) during loading; or
(e) if
paragraphs (a) to (d) do not apply and the goods are imported into
Australia—a person who imports the goods;
"container weight declaration" means a declaration referred to in Part 4
Division 3B Subdivision 5, and includes a copy of such a declaration or a
version of such a declaration in electronic or other form;
"contravene" includes fail to comply with;
"corresponding Authority" means—
(a) the
Authority as defined in a corresponding road law (except in the case of a
jurisdiction for which a declaration is made under paragraph (b)); or
(b) a
person declared under the regulations to be the corresponding Authority for
another jurisdiction for the purposes of this Act;
"corresponding law" means a law of another jurisdiction that is declared under
the regulations to be a corresponding law;
"corresponding road law" means—
(a) a
law declared under the regulations to be a corresponding road law for another
jurisdiction for the purposes of this Act; or
(b)
except in the case of a jurisdiction for which a declaration is made under
paragraph (a), a road law, or applicable road law, as defined in a
corresponding law;
"council" means a municipal or district council;
"cycle" means a bicycle or a motor bike;
"drink driving offence" means—
(a) an
offence against section 47(1) involving the driving of a motor vehicle,
or attempting to put a motor vehicle in motion, while so much under the
influence of intoxicating liquor as to be incapable of exercising effective
control of the vehicle; or
(b) an
offence against section 47B(1), 47E(3) or 47I(14);
"drive" includes be in control of;
"driver" means a driver of a vehicle (except a motor bike, bicycle, animal or
animal-drawn vehicle); the term includes a two-up driver of a vehicle who is
present in or near the vehicle, but does not include a person pushing a
motorised wheelchair;
"driver's licence" means a licence under the Motor Vehicles Act 1959 and
includes a learner's permit;
"drug driving offence" means—
(a) an
offence against section 47(1) involving the driving of a motor vehicle,
or attempting to put a motor vehicle in motion, while so much under the
influence of a drug as to be incapable of exercising effective control of the
vehicle; or
(b) an
offence against section 47BA(1), 47EAA(9) or 47I(14);
"employee" means a natural person who works under a contract of employment,
apprenticeship or training;
"employer" means a person who employs persons under—
(a)
contracts of employment, apprenticeship or training; or
(b)
contracts for services;
"engage in conduct" means—
(a) do
an act; or
(b) omit
to perform an act;
"equipment", in relation to a vehicle, includes tools, devices and accessories
in or on the vehicle;
"extract" from a record, device or other thing means a copy of any information
contained in the record, device or other thing;
"freight container" means—
(a) a
re-usable container of the kind referred to in Australian/New Zealand Standard
AS/NZS 3711.1:2000, Freight containers—Classification, dimensions and
ratings , that is designed for repeated use for the transport of goods by one
or more modes of transport; or
(b) a
re-usable container of the same or a similar design and construction to a
container referred to in paragraph (a) though of different dimensions; or
(c) a
container of a kind prescribed by the regulations,
but does not include anything declared by the regulations to be excluded from
this definition;
"garage address", in relation to a vehicle, means—
(a) the
address of the place of residence or business at which the vehicle is
ordinarily kept when not in use; or
(b) the
principal depot or base of operation of the vehicle;
"GCM" of a vehicle means the greatest possible sum of the maximum loaded mass
of the vehicle and of any vehicles that may lawfully be towed by it at any one
time—
(a) as
specified by the vehicle's manufacturer; or
(b) as
specified by an Australian Authority if—
(i)
the manufacturer has not specified the sum of the maximum
loaded mass; or
(ii)
the manufacturer cannot be identified; or
(iii)
the vehicle has been modified to the extent that the
manufacturer's specification is no longer appropriate;
"goods" includes—
(a)
animals (whether alive or dead); and
(b) a
container (whether empty or not),
but does not include—
(c)
people; or
(d)
fuel, water, lubricants and equipment required for the normal operation of the
vehicle in which they are carried;
"GVM" of a vehicle means the maximum loaded mass of the vehicle—
(a) as
specified by the vehicle's manufacturer; or
(b) as
specified by an Australian Authority if—
(i)
the manufacturer has not specified a maximum loaded mass;
or
(ii)
the manufacturer cannot be identified; or
(iii)
the vehicle has been modified to the extent that the
manufacturer's specification is no longer appropriate;
"heavy vehicle" means a motor vehicle or trailer that has a GVM greater than
4.5 tonnes;
"home address" of a person means—
(a) in
the case of a natural person—the person’s residential address or
place of abode in Australia; or
(b) in
the case of a body corporate that has a registered office in
Australia—the address of the registered office; or
(c) in
any other case—the address of the person’s principal or only place
of business in Australia;
"installation", in relation to a traffic control device, includes the painting
or formation of any marks or structure that constitute, or form part of, the
traffic control device;
"intelligent transport system" means a system involving the use of electronic
or other technology (whether located in or on a vehicle, or on or near a road,
or elsewhere) that has the capacity and capability to monitor, collect, store,
display, analyse, transmit or report information relating to—
(a) a
vehicle or its equipment or load, the driver of a vehicle, the operator of a
fleet of vehicles or another person involved in road transport; and
(b)
without limiting the above, the operation of a vehicle in relation to its
legal entitlements;
"journey documentation" means any documentation (other than
transport documentation) directly or indirectly associated with—
(a) the
actual or proposed physical transport of goods or passengers by road or any
previous transport of the goods or passengers by any mode; or
(b)
goods or passengers themselves so far as the documentation is relevant to
their actual or proposed physical transport,
whether the documentation is in paper, electronic or any other form, and
whether or not the documentation has been transmitted physically,
electronically or in any other manner, and whether or not the documentation
relates to a particular journey or to journeys generally, and includes (for
example) any of the following:
(c)
records kept, used or obtained by a responsible person in connection with the
transport of the goods or passengers;
(d)
workshop, maintenance and repair records relating to a vehicle used, or
claimed to be used, for the transport of the goods or passengers;
(e) a
subcontractor’s payment advice relating to the goods or passengers or
the transport of the goods or passengers;
(f)
records kept, used or obtained by the driver of the vehicle used, or claimed
to be used, for the transport of the goods or passengers, including (for
example) a driver’s run sheet, a log book entry, a fuel docket or
receipt, a food receipt, a tollway receipt, pay records and mobile or other
phone records;
(g)
information reported through the use of an intelligent transport system;
(h)
driver manuals and instruction sheets;
(i)
advice in any form from check weighing performed before,
during or after a journey;
"jurisdiction" means the Commonwealth or a State or Territory;
"learner's permit" means a learner's permit under the Motor Vehicles
Act 1959 ;
"legal entitlements" of a vehicle (or component of a vehicle) means the
particulars of the entitlements, conferred under an Australian road law, that
authorise the vehicle (or component) to be operated on a road, and
includes—
(a) any
entitlements arising under or as affected by a permit, registration,
authorisation, approval, exemption, notice or anything else given or issued in
writing under such a law; and
(b) any
entitlements arising under or as affected by restrictions, or by the
application of restrictions, under an Australian road law or other laws (for
example, sign-posted mass limits for bridges, hazardous weather condition
permits, and special road protection limits); and
(c) any
entitlements arising under or as affected by an approved road
transport compliance scheme;
"load" of a vehicle, or in or on a vehicle, means—
(a) all
the goods, passengers and drivers in or on the vehicle; and
(b) all
fuel, water, lubricants and readily removable equipment carried in or on the
vehicle and required for its normal operation; and
(c)
personal items used by a driver of the vehicle; and
(d)
anything that is normally removed from the vehicle when not in use,
and includes a part of a load as so defined;
"loader" of goods means a person who—
(a)
loads a vehicle with the goods for transport by road; or
(b)
loads a vehicle with a freight container (whether or not containing goods) for
transport by road; or
(c)
without limiting the above, loads a freight container already in or on a
vehicle with the goods for transport by road; or
(d)
supervises an activity mentioned in paragraph (a), (b) or (c); or
(e)
manages or controls an activity mentioned in paragraph (a), (b), (c) or
(d);
"mass and loading requirements"—see section 113;
"mass, dimension or load restraint requirement" means any of the following:
(a) the
mass and loading requirements;
(b)
requirements of the Australian Road Rules relating to mass limits where the
mass limits are indicated by signs (for example, sign-posted bridge limits);
(c) a
law of another jurisdiction that is defined in the corresponding law of the
jurisdiction as a mass, dimension or load restraint requirement or mass,
dimension or load restraint limit or requirement or taken under the
corresponding law of the jurisdiction to be a mass, dimension or load
restraint requirement or mass, dimension or load restraint limit or
requirement;
"mass limit" means a mass limit specified in or applying under mass, dimension
or load restraint requirements;
"minor risk breach"—see section 120;
"motor bike" means a motor vehicle with two wheels, and includes a two wheeled
motor vehicle with a sidecar attached to it that is supported by a third
wheel;
"motor vehicle" means a vehicle built to be propelled by a motor that forms
part of the vehicle;
"night" means the period between sunset on one day and sunrise on the next
day;
"operator" of a vehicle means—
(a) in
the case of a vehicle other than a combination but including a vehicle in a
combination—a person controlling or directing the operation of the
vehicle; or
(b) in
the case of a combination—a person controlling or directing the
operation of the towing vehicle in the combination,
and includes the registered operator of the vehicle; (however, a person is
not an "operator" of a vehicle merely because the person does any or all of
the following:
(c) owns
the vehicle;
(e)
maintains or arranges for the maintenance of the vehicle;
(f)
arranges for the registration of the vehicle);
"owner" of a vehicle means—
(a) in
the case of a vehicle other than a combination but including a vehicle in a
combination—
(i)
a person who is the sole owner, a joint owner or a part
owner of the vehicle; or
(ii)
a person who has possession or use of the vehicle under a
credit, hire-purchase, lease or other agreement, except an agreement requiring
the vehicle to be registered in the name of someone else; or
(b) in
the case of a combination—
(i)
a person who is the sole owner, a joint owner or a part
owner of the towing vehicle in the combination; or
(ii)
a person who has possession or use of the towing vehicle
in the combination under a credit, hire-purchase, lease or other agreement,
except an agreement requiring the vehicle to be registered in the name of
someone else,
and includes a registered owner of the vehicle;
"package" of goods means the complete product of the packing of the goods for
transport by road, consisting of the goods and their packaging;
"packaging" of goods means the container (including a freight container) in
which the goods are received or held for transport by road, and includes
anything that enables the container to receive or hold the goods or to be
closed;
"packer" of goods means a person who—
(a) puts
the goods in a packaging for transport by road; or
(b)
assembles the goods as packaged goods in an outer packaging or unit load for
transport by road; or
(c)
supervises an activity mentioned in paragraph (a) or (b); or
(d)
manages or controls an activity mentioned in paragraph (a), (b) or (c);
"park" includes stop;
"pedestrian" includes—
(a) a
person driving a motorised wheelchair that cannot travel at over
10 kilometres per hour (on level ground); and
(b) a
person in a non-motorised wheelchair; and
(c) a
person pushing a motorised or non-motorised wheelchair; and
(d) a
person in or on a wheeled recreational device or wheeled toy;
"photograph" includes an image produced from an electronic record made by a
digital or other electronic camera, and
"photographic" has a corresponding meaning;
"photographic detection device" means an apparatus of a kind approved by the
Governor as a photographic detection device;
"premises" includes any structure, building, vessel or place (whether built on
or not), and any part of any such structure, building, vessel or place;
"prime mover" means a motor vehicle built to tow a semi-trailer;
"public authority" means—
(a) a
police force or police service or the Crown in any other capacity; or
(b) a
body established under law, or the holder of an office established under law,
for a public purpose, including a local government authority;
"public place" includes a place—
(a) of
public resort open to or used by the public as of right; or
(b) for
the time being—
(i)
used for a public purpose; or
(ii)
open to access by the public,
whether on payment or otherwise; or
(c) open
to access by the public by the express or tacit consent or sufferance of the
owner of that place, whether the place is or is not always open to the public,
but does not include—
(d) a
track that at the material time is being used as a course for racing or
testing motor vehicles and from which other traffic is excluded during that
use; or
(e) a
place declared by the regulations not to be a public place;
"public safety" means the safety of persons or property, including the safety
of—
(a) the
drivers of and passengers in vehicles; and
(b)
persons in or in the vicinity of (or likely to be in or in the vicinity of)
roads, road infrastructure and public places; and
(c)
vehicles and any loads in or on them;
"quad-axle group" means a group of 4 axles, in which the horizontal distance
between the centre-lines of the outermost axles is more than 3.2 metres, but
not more than 4.9 metres;
"reasonable steps defence"—see section 173AA;
"records" means any documents, documentation or records, whether in paper,
electronic or any other form;
"registered industry code of practice" means an instrument that is registered
by an Australian Authority as an industry code of practice under
section 174F or under a corresponding road law;
"registered operator" of a vehicle means—
(a) in
the case of a vehicle other than a combination but including a vehicle in a
combination—the person registered or recorded as the operator of the
vehicle by the Registrar of Motor Vehicles under the Motor Vehicles
Act 1959 or by another Australian Authority on a register maintained
under an Australian road law; or
(b) in
the case of a combination—the person registered or recorded as the
operator of the towing vehicle in the combination by the Registrar of
Motor Vehicles under the Motor Vehicles Act 1959 or by another
Australian Authority on a register maintained under an Australian road law;
"registered owner" of a vehicle means—
(a) in
the case of a vehicle other than a combination but including a vehicle in a
combination—a person registered or recorded as an owner of the vehicle
by the Registrar of Motor Vehicles under the Motor Vehicles Act 1959 or
by another Australian Authority on a register maintained under an
Australian road law; or
(b) in
the case of a combination—a person registered or recorded as an owner of
the towing vehicle in the combination by the Registrar of Motor Vehicles under
the Motor Vehicles Act 1959 or by another Australian Authority on a
register maintained under an Australian road law;
"Registrar of Motor Vehicles" or "Registrar" means the person holding or
acting in the office of Registrar of Motor Vehicles under the Motor Vehicles
Act 1959 , and includes any person acting on behalf of the Registrar in
accordance with that Act;
"responsible entity" in relation to a freight container—see
section 131;
"responsible person" means any person having, at a relevant time, a role or
responsibilities associated with road transport, and includes any of the
following:
(c) an
operator or registered operator of a vehicle;
(d) a
person in charge or apparently in charge of a vehicle;
(e) a
person in charge or apparently in charge of the garage address of a vehicle or
the base of the driver or drivers of a vehicle;
(f) a
person appointed under an approved road transport compliance scheme to have
monitoring or other responsibilities under the scheme, including (for example)
responsibilities for certifying, monitoring or approving vehicles under the
scheme;
(g) an
operator of an intelligent transport system;
(h) a
person in charge of premises entered by an authorised officer or police
officer under this Act;
(i)
a person who consigns goods for transport by road;
(j) a
person who packs goods in a freight container or other container or in a
package or on a pallet for transport by road;
(k) a
person who loads goods or a container on a vehicle for transport by road;
(l) a
person who unloads goods or a container containing goods consigned for
transport by road;
(m) a
person to whom goods are consigned for transport by road;
(n) a
person who receives goods packed outside Australia in a freight container or
other container or as a unit load for transport by road in Australia;
(o) an
owner or operator of a weighbridge, or weighing facility, used to weigh
vehicles or an occupier of premises where such a weighbridge or weighing
facility is located;
(p) a
responsible entity for a freight container;
(q) a
person who controls or directly influences the loading or operation of a
vehicle;
(r) an
agent, employer, employee, contractor or subcontractor of any person referred
to in the preceding paragraphs of this definition;
"ride", for the rider of a motor bike or animal-drawn vehicle, includes be in
control of;
"rider" means a rider of a motor bike, bicycle, animal or animal-drawn
vehicle; the term does not include a passenger or a person walking beside and
pushing a bicycle;
"road" means an area that is open to or used by the public and is developed
for, or has as one of its main uses, the driving of motor vehicles;
"road authority" means—
(a) an
authority, person or body that is responsible for the care, control or
management of a road; or
(b) any
person or body prescribed by the regulations for the purposes of this
definition, in relation to specified roads or specified classes of roads;
"road infrastructure" includes—
(a) a
road, including its surface or pavement; and
(b)
anything under or supporting a road or its surface or pavement and maintained
by a road authority; and
(c) any
bridge, tunnel, causeway, road-ferry, ford or other work or structure forming
part of a road system or supporting a road; and
(d) any
bridge or other work or structure located above, in or on a road and
maintained by a road authority; and
(e) any
traffic control devices, railway or tramway equipment, electricity equipment,
emergency telephone systems or any other facilities (whether of the same or a
different kind) in, on, over, under or connected with anything referred to in
paragraphs (a)–(d); and
(f)
anything declared by the regulations to be included in this definition,
but does not include anything declared by the regulations to be excluded from
this definition;
"road law" means this Act, the Motor Vehicles Act 1959 or rules or
regulations under either of the Acts;
"road law offence" means an offence against a road law;
"road-related area" means any of the following:
(a) an
area that divides a road;
(b) a
footpath or nature strip adjacent to a road;
(c) an
area that is not a road and that is open to the public and designated for use
by cyclists or animals;
(d) any
public place that is not a road and on which a vehicle may be driven, whether
or not it is lawful to drive a vehicle there;
"run" the engine of a vehicle includes to start or stop the engine;
"seat belt" means a belt or device fitted to a motor vehicle and designed to
restrain or limit the movement of a person who is seated in the motor vehicle
if it suddenly accelerates or decelerates;
"semi-trailer" means a trailer that has—
(a) one
axle group or single axle towards the rear; and
(b) a
means of attachment to a prime mover that would result in some of the load
being imposed on the prime mover;
"severe risk breach"—see section 120;
"single axle" means an axle not forming part of an axle group;
"single axle group" means a group of 2 or more axles, in which the horizontal
distance between the centre-lines of the outermost axles is less than 1 metre;
"specifications" of a vehicle means the physical dimensions and other physical
attributes of the vehicle and its fittings;
"substantial risk breach"—see section 120;
"tandem axle group" means a group of at least 2 axles, in which the horizontal
distance between the centre-lines of the outermost axles is at least 1 metre,
but not more than 2 metres;
"traffic" includes vehicles and pedestrians;
"traffic control device" means a sign, signal, marking, structure or other
device or thing, to direct or warn traffic on, entering or leaving a road, and
includes—
(a) a
traffic cone, barrier, structure or other device or thing to wholly or
partially close a road or part of a road; and
(b) a
parking ticket-vending machine and parking meter;
"traffic speed analyser" means an apparatus of a kind approved by the Governor
as a traffic speed analyser;
"trailer", in relation to a motor vehicle, means a vehicle that is built to be
towed or is towed, by a motor vehicle, but does not include a motor vehicle
that is being towed;
"tram" includes a light rail vehicle;
"transport documentation" means—
(a) any
contractual documentation directly or indirectly associated with—
(i)
a transaction for or relating to the actual or proposed
transport of goods or passengers by road or any previous transport of the
goods or passengers by any mode; or
(ii)
goods or passengers themselves so far as the
documentation is relevant to their actual or proposed transport; or
(b) any
associated documentation—
(i)
contemplated in the contractual documentation; or
(ii)
required by law, or customarily provided, in connection
with the contractual documentation or with the transaction,
whether the documentation is in paper, electronic or any other form, and
whether or not the documentation has been transmitted physically,
electronically or in any other manner, and includes (for example) an invoice,
vendor declaration, delivery order, consignment note, load manifest, export
receival advice, bill of lading, contract of carriage, sea carriage document,
or container weight declaration, relating to the goods or passengers;
"tri-axle group" means a group of at least 3 axles, in which the horizontal
distance between the centre-lines of the outermost axles is more than 2
metres, but not more than 3.2 metres;
"trolley" includes a shopping trolley and any other kind of handcart;
"twinsteer axle group" means a group of 2 axles:
(a) with
single tyres; and
(b)
fitted to a motor vehicle; and
(c)
connected to the same steering mechanism; and
(d) the
horizontal distance between whose centre-lines is at least 1 metre, but not
more than 2 metres;
"two-up driver" means a person accompanying a driver of a heavy vehicle on a
journey or part of a journey, who has been, is or will be sharing the task of
driving the vehicle during the journey;
"unit load" means a load of packaged goods that are—
(a)
wrapped in plastics, and strapped or otherwise secured to a pallet or other
base and to each other, for transport; or
(b)
placed together in a protective outer container (except a freight container)
for transport; or
(c)
secured together in a sling for transport;
"unladen mass", in relation to a vehicle, means the mass of the vehicle
without any load other than the petrol, oil, tools or prescribed equipment
carried (either habitually or intermittently) on the vehicle;
"vehicle" includes—
(a) a
motor vehicle, trailer and a tram; and
(b) a
bicycle; and
(c) an
animal-drawn vehicle, and an animal that is being ridden or drawing a vehicle;
and
(d) a
combination; and
(e) a
motorised wheelchair that can travel at over 10 kilometres per hour (on level
ground),
but does not include another kind of wheelchair, a train, or a wheeled
recreational device or wheeled toy;
"vehicle standards"—see section 111;
"walk" includes run;
"wheelchair" means a chair mounted on two or more wheels that is built to
transport a person who is unable to walk or has difficulty in walking, but
does not include a pram, stroller or trolley;
"wheeled recreational device" means a wheeled device, built to transport a
person, propelled by human power or gravity, and ordinarily used for
recreation or play, and—
(a)
includes rollerblades, rollerskates, a skateboard or similar wheeled device;
but
(b) does
not include a golf buggy, pram, stroller or trolley, or a bicycle, wheelchair
or wheeled toy;
"wheeled toy" means a child's pedal car, scooter or tricycle or a similar toy,
but only when it is being used only by a child who is under 12 years old.
(2) For the purposes
of this Act the mass carried on an axle, or axle group, of a vehicle will be
taken to be the force required to counterbalance the aggregate of the
gravitational forces exerted on the surface of the road by the wheels of that
axle or axle group.
(3) For the purposes
of this Act, a vehicle will be taken to be attached to another vehicle if it
is drawn by that other vehicle, notwithstanding that the vehicles are not
directly attached to each other.
(4) For the purposes
of this Act, an act or omission of a person
"causes" a thing to occur if the person's act or omission substantially
contributes to the occurrence of the thing.