South Australian Consolidated Regulations South Australian Consolidated RegulationsNotes
• Please note—References in the legislation to other
legislation or instruments or to titles of bodies or offices are not
automatically updated as part of the program for the revision and publication of
legislation and therefore may be obsolete.
• Earlier versions of these regulations (historical versions) are
listed at the end of the legislative history.
• For further information relating to the Act and subordinate
legislation made under the Act see the Index of South Australian Statutes or
www.legislation.sa.gov.au.
Principal regulations and variations
New entries appear in bold.
|
Year |
No |
Reference |
Commencement |
|
2008 |
250 |
Gazette 11.9.2008 p4305 |
29.9.2008: r 2 |
|
2010 |
98 |
Gazette 10.6.2010 p2844 |
1.7.2010: r 2 |
|
2011 |
120 |
Gazette 9.6.2011 p2271 |
1.7.2011: r 2 |
|
2011 |
231 |
Gazette 27.10.2011 p4357 |
10.11.2011: r 2 |
Provisions varied
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in
italics.
|
Provision |
How varied |
Commencement |
|
Pt 1 |
|
|
|
r 2 |
omitted under Legislation Revision and Publication
Act 2002 |
1.7.2010 |
|
Pt 3 |
|
|
|
r 15 |
|
|
|
r 15(1) |
varied by 231/2011 r 4 |
10.11.2011 |
|
Sch 8 |
substituted by 98/2010 r 4 |
1.7.2010 |
|
|
substituted by 120/2011 r 4 |
1.7.2011 |
|
Sch 9 |
|
|
|
Pt 2 Div 2 |
|
|
|
heading |
omitted under Legislation Revision and Publication
Act 2002 |
10.11.2011 |
|
cl 3 |
expired: cl 3(3)—omitted under Legislation Revision and
Publication Act 2002 |
(28.9.2011) |
|
cl 4 |
expired: cl 4(4)—omitted under Legislation Revision and
Publication Act 2002 |
(28.9.2011) |
|
cl 5 |
expired: cl 5(6)—omitted under Legislation Revision and
Publication Act 2002 |
(28.9.2011) |
|
cl 6 |
expired: cl 6(4)—omitted under Legislation Revision and
Publication Act 2002 |
(28.9.2011) |
|
cl 7 |
expired: cl 7(6)—omitted under Legislation Revision and
Publication Act 2002 |
(28.9.2011) |
|
cl 8 |
expired: cl 8(5)—omitted under Legislation Revision and
Publication Act 2002 |
(31.12.2008) |
|
cl 9 |
expired: cl 9(5)—omitted under Legislation Revision and
Publication Act 2002 |
(31.12.2008) |
Transitional etc provisions associated with regulations
or variations
Road Traffic (Driving Hours) Revocation Regulations
2008 (No 254 of 2008), Sch 1—Transitional
provisions
1—Interpretation
(1) In this Schedule—
revoked regulations means the Road Traffic (Driving Hours)
Regulations 1999.
(2) In this Schedule, the following terms have the same meaning as in the
revoked regulations:
(a) driving record;
(b) exemption;
(c) TFMS.
2—Applications for TFMS
registration
Despite regulation 3, the Minister may register a person as a driver
participant, or as an employer participant, in TFMS if—
(a) the application for registration was made before the commencement of
that regulation but had not been determined at that time; or
(b) following a review of a decision not to register an applicant for TFMS
under regulation 136 of the revoked regulations, or an appeal in relation
to such a decision under regulation 137 of the revoked regulations, the
Minister decides to register the applicant for TFMS,
(and, if the Minister so registers a person, Part 7 Divisions 1
and 2 of the revoked regulations continue to apply in relation to the
registration as if those regulations had not been revoked).
3—Exemptions
(1) An exemption
granted under the revoked regulations (other than an exemption under
regulation 106 of those regulations) and in force immediately before the
commencement of regulation 3 continues to have effect according to its
terms—
(a) until the expiry date specified in the exemption; or
(b) if no such expiry date is specified—for a period of 3 years
after the date on which this clause comes into operation,
whichever is the earlier.
(2) For the purposes of these regulations and the Road Traffic (Heavy
Vehicle Driver Fatigue) Regulations 2008—
(a) an exemption referred to in subclause (1) will be taken to be an
exemption granted under Part 5 Division 2 of the Road Traffic
(Heavy Vehicle Driver Fatigue) Regulations 2008; and
(b) a written exemption issued under the revoked regulations in relation
to such an exemption and in force immediately before the commencement of
regulation 3 will be taken to be a written exemption (within the meaning of
the Road Traffic (Heavy Vehicle Driver Fatigue)
Regulations 2008).
(3) Subject to
subclause (4), if—
(a) a person has made an application for an exemption in accordance with
Part 8 of the revoked regulations before the commencement of
regulation 3; and
(b) the Minister has not yet decided the application in accordance with
the revoked regulations; and
(c) the application is for the grant of an exemption corresponding to the
kind that may be granted under Part 5 Division 2 of the Road
Traffic (Heavy Vehicle Driver Fatigue) Regulations 2008,
the application will, for the purposes of the Road Traffic (Heavy
Vehicle Driver Fatigue) Regulations 2008, be taken to be an application
for an exemption made to the Authority in accordance with Part 5
Division 2 of those regulations.
(4) The Authority
may, by notice in writing, require an applicant under subclause (3) to
provide the Authority with additional information reasonably required to
determine the application.
4—Record keeping
(1) Despite regulation 3, Part 4 Divisions 4, 5 (other than
regulation 60), 6 and 7 of the revoked regulations continue to apply to a
driving record required to be made or kept under those Divisions as if the
provisions had not been revoked.
(2) Despite a provision of Part 4 Divisions 4, 5 (other than
regulation 60), 6 and 7 of the revoked regulations, a requirement under
those Divisions that a driving record be kept by a driver or employer for a
specified period will be satisfied if the driving record is kept by a driver's
record keeper (within the meaning of the Road Traffic (Heavy Vehicle Driver
Fatigue) Regulations 2008) for the specified period.
Note—
The specified period is a period of not less than 12 months for
driving records for non-local area work and local area management
records—see regulations 61 and 62 of the revoked
regulations.
5—Review of decisions
(1) Despite regulation 3, regulation 136 of the revoked
regulations continues to apply in relation to a decision of the Minister
referred to in regulation 135 of those regulations as if the provisions had
not been revoked.
(2) Despite regulation 3, regulation 137 of the revoked
regulations continues to apply in relation to a decision that has been reviewed
under regulation 136 of those regulations as if the provisions had not been
revoked.
Historical versions
|
1.7.2010 |
|
|
1.7.2011 |
|