Australian Capital Territory
Road Transport Reform (Light Rail) Legislation Amendment Act 2017
A2017-21
    
Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Part 2	Road Transport (Alcohol and Drugs) Act 1977
	4	Meaning of special driver
New section 4B (1) (h) (v)	3
	5	New section 4B (1) (m)	3
	6	Meaning of driver trainer
Section 4BA	3
	7	Driver etc intoxicated
Section 24A (2), definition of vehicle, new paragraph (ab)	3
	8	Consuming alcohol—driver or driver trainer
Section 25 (2) (b)	4
	9	Section 25 (5), definition of vehicle	4
	10	Dictionary, note 3	4
Part 3	Road Transport (Driver Licensing) Regulation 2000
	11	New section 98A	5
	12	Dictionary, note 4	5
Part 4	Road Transport (General) Act 1999
	13	Who is a responsible person for a vehicle?
New section 10 (ca)	6
	14	New section 10 (2)	6
	15	Definitions—pt 3
Section 21A, definition of illegal user declaration	6
	16	Section 21A, definition of known user declaration	6
	17	Section 21A, definition of online declaration	7
	18	Section 21A, new definition of registrable or rail vehicle	7
	19	Section 21A, definition of unknown user declaration	7
	20	Division 3.3 heading	7
	21	Meaning of all reasonable steps—div 3.3
Section 32 (1), definition of all reasonable steps	8
	22	Responsible person’s obligations
Section 33	8
	23	New division 3.3AA heading	8
	24	New division 3.3AB heading	8
	25	Infringement notice—effect of penalty payment etc
Section 39 (1) (c) (i)	9
	26	Definitions—div 3.3A
Section 40, definition of corporation’s vehicle	9
	27	Meaning of all reasonable steps—div 3.3A
Section 41 (1), definition of all reasonable steps	9
	28	Demerit points offences—suspension of registration etc
Section 42 (1) (a)	9
	29	Suspension for nonpayment of infringement notice penalties
Section 44 (1) (b)	10
	30	Presumption against responsible person
Section 53AA	10
	31	Police officer or authorised person may require name, date of birth, address and driver licence—driver or rider
New section 58 (5)	10
	32	Certificate evidence and other evidentiary provisions
Section 72 (6) (d)	11
	33	Indemnity from personal liability for honest and good faith carrying out of duties
New section 230 (5)	11
	34	Dictionary, definition of all reasonable steps, paragraph (a)	11
	35	Dictionary, new definitions	11
	36	Dictionary, definition of motor vehicle	12
	37	Dictionary, new definitions	12
	38	Dictionary, definition of vehicle	13
Part 5	Road Transport (Offences) Regulation 2005
	39	Meaning of identifying particulars—pt 2
Section 4A, definition of identifying particulars, new paragraph (ba)	14
	40	New section 4CA	14
	41	Section 12	15
	42	Infringement notices—service on nominated person—Act, s 24 (2)
Section 14 (1) (a)	19
	43	Infringement notices—contents—Act, s 25
Section 14A (1) (f)	19
	44	Section 14A (2) (h)	19
	45	Section 14A (2) (l)	20
	46	Section 14A (2) (l) (v)	20
	47	Reminder notices—contents—Act, s 27 (3)
Section 14B (1) (r) (ii)	20
	48	Section 14B (2) (d)	20
	49	Section 14B (2) (d) (v)	21
	50	Dictionary, note 3	21
	51	Dictionary, new definition of corresponding law	21
	52	Dictionary, new definition of identifying particulars	21
Part 6	Road Transport (Public Passenger Services) Act 2001
	53	Meaning of bus and public bus
Section 10A, definition of bus, paragraph (b)	22
Part 7	Road Transport (Safety and Traffic Management) Act 1999
	54	New section 8A	23
	55	New section 10AAA	25
	56	Section 10D	25
	57	Inspection and purchase of images taken by traffic offence detection devices
Section 27 (1) (b)	26
	58	Dictionary, note 3	26
Part 8	Road Transport (Safety and Traffic Management) Regulation 2000
	59	Division 2.2.1 heading, note 2	27
	60	ARR dict—definitions for dictionary
Section 33 (1), new definition of bus	27
	61	Keeping safe lateral distance when passing bicycle rider
New section 38A (1A)	27
	62	Number of vehicles that may be drawn
New section 41 (6) (f)	27
	63	New section 41 (7)	28
	64	Definitions—div 3.1.3
Section 82, definition of heavy vehicle	28
	65	Tracked vehicle—Act, dict, def vehicle, par (b)
Section 116	28
	66	Dictionary, note 4	29
	67	Dictionary, definition of articulated vehicle	29
Part 9	Road Transport (Third‑Party Insurance) Act 2008
	68	What is insured under a CTP policy?
New section 19 (ba)	30
	69	Section 19 (c)	30
	70	Who is the CTP insurer?
Section 23, definition of CTP insurer, paragraph (a)	30
	71	Sections 28, 29 and 30 headings	31
	72	New section 30A	31
	73	Sections 31 and 34A headings	32
	74	New sections 34C and 34D	32
	75	New section 36B	33
	76	Nominal defendant may recover costs from responsible person or driver
Section 174 (1) and note	34
	77	New section 174A	34
	78	Dictionary, note 3	35
	79	Dictionary, new definition of rail transport operator	35
Part 10	Road Transport (Third‑Party Insurance) Regulation 2008
	80	CTP premiums for policies for less than 1 year
Section 11 (1) (c) and note	36
	81	CTP premium classes
Schedule 1, section 1.1, definition of bus, new paragraph (f)	36
	82	Schedule 1, section 1.1, definition of passenger vehicle, new paragraph (k)	36
	83	Schedule 1, part 1.2, new items 57 and 58	37
	84	Dictionary, note 3	37
	85	Dictionary, note 4	37
Part 11	Road Transport (Vehicle Registration) Act 1999
	86	Dictionary, note 3	38
	87	Dictionary, definition of heavy vehicle	38
	88	Dictionary, definition of registrable vehicle, paragraph (a)	38
Part 12	Road Transport (Vehicle Registration) Regulation 2000
	89	Using a heavy vehicle without registration label etc 
Section 45 (3) (c)	39
	90	Vehicles to which sch 1 does not apply etc
Schedule 1, new section 1.6 (1) (aa)	39
Schedule 1	Consequential Amendments	40
Part 1.1	Building and Construction Industry (Security of Payment) Act 2009	40
Part 1.2	Building and Construction Industry Training Levy Act 1999	40
Part 1.3	Civil Law (Wrongs) Act 2002	41
Part 1.4	Crimes Act 1900	42
Part 1.5	Criminal Code 2002	43
Part 1.6	Dangerous Goods (Road Transport) Act 2009	44
Part 1.7	Environment Protection Act 1997	44
Part 1.8	Environment Protection Regulation 2005	45
Part 1.9	Legislation Act 2001	46
Part 1.10	Limitation Act 1985	46
Part 1.11	Litter Act 2004	47
Part 1.12	Long Service Leave (Portable Schemes) Act 2009	48
Part 1.13	Planning and Development Act 2007	48
Part 1.14	Sale of Motor Vehicles Act 1977	49
Part 1.15	Spent Convictions Act 2000	49
Part 1.16	Uncollected Goods Act 1996	49
Part 1.17	Work Health and Safety Regulation 2011	50

Australian Capital Territory
Road Transport Reform (Light Rail) Legislation Amendment Act 2017
A2017-21

An Act to amend legislation about light rail, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1	Preliminary
1	Name of Act
This Act is the Road Transport Reform (Light Rail) Legislation Amendment Act 2017.
2	Commencement
This Act commences on the 7th day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the following legislation:
·	Road Transport (Alcohol and Drugs) Act 1977
·	Road Transport (Driver Licensing) Regulation 2000
·	Road Transport (General) Act 1999
·	Road Transport (Offences) Regulation 2005
·	Road Transport (Public Passenger Services) Act 2001
·	Road Transport (Safety and Traffic Management) Act 1999
·	Road Transport (Safety and Traffic Management) Regulation 2000
·	Road Transport (Third‑Party Insurance) Act 2008
·	Road Transport (Third‑Party Insurance) Regulation 2008
·	Road Transport (Vehicle Registration) Act 1999
·	Road Transport (Vehicle Registration) Regulation 2000.
Note	This Act also amends other legislation (see sch 1).

Part 2	Road Transport (Alcohol and Drugs) Act 1977
4	Meaning of special driver
New section 4B (1) (h) (v)
insert
	(v)	a light rail vehicle; or
5	New section 4B (1) (m)
insert
	(m)	the person is with a driver of a light rail vehicle and is—
	(i)	instructing the driver how to drive a light rail vehicle; or
	(ii)	assessing the driver’s suitability to drive a light rail vehicle.
6	Meaning of driver trainer
Section 4BA
omit
section 4B (1) (j), (k) or (l)
substitute
section 4B (1) (j) to (m)
7	Driver etc intoxicated
Section 24A (2), definition of vehicle, new paragraph (ab)
insert
	(ab)	a personal mobility device; or
8	Consuming alcohol—driver or driver trainer
Section 25 (2) (b)
before
vehicle
insert
motor
9	Section 25 (5), definition of vehicle
substitute
vehicle means—
	(a)	a motor vehicle; or
	(b)	a bicycle; or
	(c)	a personal mobility device.
10	Dictionary, note 3
insert
·	light rail vehicle
•	personal mobility device

Part 3	Road Transport (Driver Licensing) Regulation 2000
11	New section 98A
insert
98A	Exemption of drivers of light rail vehicles—Act, s 31 (1) (b)
A person who is driving a light rail vehicle on a road or road related area is exempt from holding an Australian driver licence that authorises the person to drive the light rail vehicle if the person is the holder of a full car licence.
12	Dictionary, note 4
insert
·	light rail vehicle

Part 4	Road Transport (General) Act 1999
13	Who is a responsible person for a vehicle?
New section 10 (ca)
insert
	(ca)	for a light rail vehicle—the accredited rail transport operator for the light rail vehicle;
14	New section 10 (2)
after the note, insert
	(2)	In this section:
accredited rail transport operator means an accredited person within the meaning of the Rail Safety National Law (ACT).
15	Definitions—pt 3
Section 21A, definition of illegal user declaration
after
registrable
insert
or rail
16	Section 21A, definition of known user declaration
after
registrable
insert
or rail
17	Section 21A, definition of online declaration
after
authority
insert
under section 57 (Approval of website for online declarations)
18	Section 21A, new definition of registrable or rail vehicle
insert
registrable or rail vehicle means—
	(a)	a registrable vehicle; or
	(b)	a light rail vehicle.
19	Section 21A, definition of unknown user declaration
after
registrable
insert
or rail
20	Division 3.3 heading
substitute
Division 3.3	Infringement notice offences involving registrable and rail vehicles
21	Meaning of all reasonable steps—div 3.3
Section 32 (1), definition of all reasonable steps
after
registrable
insert
or rail
22	Responsible person’s obligations
Section 33
after
registrable
insert
or rail
23	New division 3.3AA heading
after section 33, insert
Division 3.3AA	Withdrawal of infringement notices
24	New division 3.3AB heading
after section 38, insert
Division 3.3AB	Effect of penalty payment etc
25	Infringement notice—effect of penalty payment etc
Section 39 (1) (c) (i)
after
registrable
insert
or rail
26	Definitions—div 3.3A
Section 40, definition of corporation’s vehicle
omit
registered owner
substitute
registered operator
27	Meaning of all reasonable steps—div 3.3A
Section 41 (1), definition of all reasonable steps
omit
registered owner
substitute
registered operator
28	Demerit points offences—suspension of registration etc
Section 42 (1) (a)
omit
registered owner
substitute
registered operator
29	Suspension for nonpayment of infringement notice penalties
Section 44 (1) (b)
after
registrable
insert
or rail
30	Presumption against responsible person
Section 53AA
after
registrable
insert
or rail
31	Police officer or authorised person may require name, date of birth, address and driver licence—driver or rider
New section 58 (5)
after the note, insert
	(5)	In this section:
heavy combination—see the Heavy Vehicle National Law (ACT), section 5.
32	Certificate evidence and other evidentiary provisions
Section 72 (6) (d)
after
registrable vehicles
insert
or light rail vehicles
33	Indemnity from personal liability for honest and good faith carrying out of duties
New section 230 (5)
insert
	(5)	This section does not apply to an individual who is—
	(a)	employed by a rail transport operator; and
	(b)	exercising a function under the road transport legislation in the course of that employment.
34	Dictionary, definition of all reasonable steps, paragraph (a)
substitute
	(a)	for division 3.3 (Infringement notice offences involving registrable and rail vehicles)—see section 32; and
35	Dictionary, new definitions
insert
light rail—
	(a)	means a system of transport for public passengers using lightweight rail and rolling stock; and
	(b)	includes tracks, catenaries, supports for tracks and catenaries, stops, pedestrian access to stops, signalling facilities and signalling equipment.
light rail vehicle means a motor vehicle built to be used on light rail.
36	Dictionary, definition of motor vehicle
substitute
motor vehicle means a vehicle built to be propelled by a motor that forms part of the vehicle, but does not include a personal mobility device.
37	Dictionary, new definitions
insert
	personal mobility device means a vehicle that—
	(a)	is designed to be self-balancing while a person travels in or on the vehicle; and
	(b)	is propelled by an electric motor; and
	(c)	has 2 wheels that operate on a single axis; and
	(d)	has a platform anywhere between the 2 wheels for the person’s feet; and
	(e)	has handles mounted on an upright post.
	rail transport operator—see the Rail Safety National Law (ACT), section 4.
	registrable or rail vehicle, for part 3 (Infringement notices for certain offences)—see section 21A.
38	Dictionary, definition of vehicle
substitute
vehicle—
	(a)	means any vehicle, including—
	(i)	a tracked vehicle; and
	(ii)	a light rail vehicle; and
	(iii)	anything else prescribed by regulation to be a vehicle; but
	(b)	does not include a vehicle (other than a light rail vehicle) that is used exclusively on a railway or tramway.

Part 5	Road Transport (Offences) Regulation 2005
39	Meaning of identifying particulars—pt 2
Section 4A, definition of identifying particulars, new paragraph (ba)
insert
	(ba)	for a light rail vehicle involved in an infringement notice offence—see section 4CA; and
40	New section 4CA
insert
4CA	Identifying particulars for vehicle for infringement notice offence involving light rail vehicle—pt 2
	(1)	In this part:
identifying particulars, for a light rail vehicle involved in an infringement notice offence, means the unique identification number displayed on the light rail vehicle by the rail transport operator for the light rail vehicle.
	(2)	For a camera-detected offence, subsection (1) does not apply if it is not possible to decide those particulars from the image taken by the traffic offence detection device.
41	Section 12
substitute
12	Infringement notices—service if offender known—Act, s 24 (2)
	(1)	If the identity of the person who is believed to have committed an infringement notice offence (the suspected offender) is known, an authorised person may serve an infringement notice for the offence on the suspected offender.
Note	For how documents may be served, see the Legislation Act, pt 19.5.
	(2)	An infringement notice may be served—
	(a)	if it is reasonably practicable to serve the notice on the suspected offender personally—on the offender personally; or
	(b)	in any other case—by sending the notice to the offender—
	(i)	by prepaid post addressed to the offender, at—
	(A)	the offender’s home address or business address; or
	(B)	if the offender has an address for service in a record or register kept under the road transport legislation, Heavy Vehicle National Law (ACT) or a corresponding law—the recorded address for service; or
	(ii)	by an electronic means if—
	(A)	the electronic means is approved by the chief police officer or the road transport authority; and
	(B)	the offender has given the authorised person an electronic address at which service may be effected by the electronic means.
Examples—electronic means
·	email address
·	mobile telephone number
Note 1	For when a notice sent by post is taken to be given, see the Road Transport (General) Regulation 2000, s 9B. The Legislation Act, s 250 (1) does not apply to a notice given under the road transport legislation (see Road Transport (General) Regulation 2000, s 9B (4)).
Note 2	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
12A	Infringement notices—service if offender unknown—Act, s 24 (2)
	(1)	If the identity of the person who is believed to have committed an infringement notice offence is not known, but the offence involves a registrable or rail vehicle, an authorised person may serve an infringement notice for the offence on the responsible person for the vehicle.
Note	For how documents may be served, see the Legislation Act, pt 19.5.
	(2)	An infringement notice may be served on a responsible person for the registrable or rail vehicle—
	(a)	if the vehicle is a registrable vehicle and it is reasonably practicable to access the vehicle—by securely placing or attaching the notice, addressed to the responsible person (without further description), on or to the vehicle in a prominent position; or
	(b)	in any other case—by sending the notice to the responsible person—
	(i)	by prepaid post addressed to the person, at—
	(A)	the person’s home address or business address; or 
	(B)	if the person has an address for service in a record or register kept under the road transport legislation, Heavy Vehicle National Law (ACT) or a corresponding law—the recorded address for service; or
	(ii)	by an electronic means if—
	(A)	the electronic means is approved by the chief police officer or the road transport authority; and
	(B)	the responsible person has given the authorised person an electronic address at which service may be effected by the electronic means.
Examples—electronic means
·	email address
·	mobile telephone number
Note 1	For when a notice sent by post is taken to be given, see the Road Transport (General) Regulation 2000, s 9B. The Legislation Act, s 250 (1) does not apply to a notice given under the road transport legislation (see Road Transport (General) Regulation 2000, s 9B (4)).
Note 2	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	A person commits an offence if—
	(a)	an infringement notice is placed on or attached to a vehicle; and
	(b)	the person does something that prevents the responsible person for the vehicle receiving or reading the infringement notice; and
	(c)	the person is reckless about whether the person’s action prevents the responsible person for the vehicle receiving or reading the infringement notice.
Maximum penalty:  20 penalty units.
Note	The fault element of recklessness can be satisfied by proof of intention, knowledge or recklessness (see Criminal Code, s 20 (4)).
12B	Infringement notices—service by electronic means—Act, s 24 (2)
	(1)	If the sender has no reason to suspect that an infringement notice served by electronic means under section 12 or section 12A was not received by the recipient when sent, the notice is presumed to be served when sent unless evidence sufficient to raise doubt about the presumption is given.
	(2)	If the sender has reason to suspect that an infringement notice served by electronic means was not received by the recipient when sent only if, on the day the notice was sent or on the next working day, the equipment the sender used to send the notice indicated by way of a signal or other message that—
	(a)	the equipment did not send the notice when the equipment was used to send the notice; or
	(b)	for an email—the address to which the email was sent was not an email address of the recipient; or
	(c)	for a mobile telephone—the number to which the notice was sent was not a mobile telephone number of the recipient.
	(3)	In this section:
recipient, for an infringement notice, means the person on whom the notice is intended to be served.
sender, for an infringement notice served or to be served by electronic means, means the person sending or seeking to send the notice.
42	Infringement notices—service on nominated person—Act, s 24 (2)
Section 14 (1) (a)
after
registrable
insert
or rail
43	Infringement notices—contents—Act, s 25
Section 14A (1) (f)
after
registrable
insert
or rail
44	Section 14A (2) (h)
after
registrable
insert
or rail
45	Section 14A (2) (l)
omit
registrable vehicle
substitute
registrable or rail vehicle
46	Section 14A (2) (l) (v)
omit
registrable vehicles—responsible person’s liability
substitute
registrable and rail vehicles
47	Reminder notices—contents—Act, s 27 (3)
Section 14B (1) (r) (ii)
after
registrable
insert
or rail
48	Section 14B (2) (d)
omit
registrable vehicle
substitute
registrable or rail vehicle
49	Section 14B (2) (d) (v)
omit
registrable vehicles—responsible person’s liability
substitute
registrable and rail vehicles
50	Dictionary, note 3
insert
·	light rail vehicle
·	registrable or rail vehicle
51	Dictionary, new definition of corresponding law
insert
corresponding law—see the Road Transport (Vehicle Registration) Act 1999, dictionary.
52	Dictionary, new definition of identifying particulars
insert
identifying particulars, for part 2 (Infringement notices)—
	(a)	generally—see section 4A; and
	(b)	for an animal involved in an infringement notice offence—see section 4B; and
	(c)	for a registrable vehicle involved in an infringement notice offence—see section 4C; and
	(d)	for a light rail vehicle involved in an infringement notice offence—see section 4CA; and
	(e)	for an authorised person—see section 4D.
Part 6	Road Transport (Public Passenger Services) Act 2001
53	Meaning of bus and public bus
Section 10A, definition of bus, paragraph (b)
substitute
	(b)	does not include—
	(i)	a limousine; or
	(ii)	a light rail vehicle.

Part 7	Road Transport (Safety and Traffic Management) Act 1999
54	New section 8A
in division 2.1, insert
8A	Registered operator and interested people to be notified of prosecution
	(1)	This section applies if a prosecution is started against a person for an offence involving a motor vehicle against—
	(a)	section 5A (Races, attempts on speed records, speed trials etc); or
	(b)	section 5B (Improper use of motor vehicle); or
	(c)	section 5C (Failing to stop motor vehicle for police); or
	(d)	section 8 (Menacing driving).
	(2)	The chief police officer must give notice of the prosecution to—
	(a)	if the prosecution is against a person other than the registered operator of the vehicle—the registered operator; or
	(b)	if the vehicle may be subject to forfeiture if the person is convicted or found guilty of the offence—the holder of any registered interest in the vehicle.
Note	For how documents may be served, see the Legislation Act, pt 19.5.
	(3)	The notice must be given within 7 days after the day the prosecution starts.
	(4)	The notice must—
	(a)	state—
	(i)	either—
	(A)	the short description prescribed by regulation under the Road Transport (General) Act 1999 for the offence for which the prosecution has been started; or
	(B)	the provision of this Act contravened by the person; and
	(ii)	the place where the offence was committed and the date and approximate time of the offence; and
	(iii)	the identifying particulars prescribed by regulation under the Road Transport (General) Act 1999 for the vehicle; and
Note	The short descriptions and identifying particulars are prescribed in the Road Transport (Offences) Regulation 2005.
	(b)	if the vehicle is not a light rail vehicle—tell the person that the vehicle may be subject to impounding or, if appropriate, forfeiture under section 10B.
	(5)	In this section:
registered interest, in relation to a motor vehicle, means an interest in the vehicle that is registered under the Personal Property Securities Act 2009 (Cwlth).

55	New section 10AAA
before section 10AA, insert
10AAA	Application—div 2.3
This division does not apply to a motor vehicle that is a light rail vehicle.
56	Section 10D
substitute
10D	Registered operator to be notified of seizure
	(1)	If a motor vehicle is seized under section 10C (1) (a) (Powers of police officers to seize and impound vehicles used in committing certain offences), the chief police officer must give notice of the seizure to the registered operator of the vehicle.
Note	For how documents may be served, see the Legislation Act, pt 19.5.
	(2)	The notice must be given within 7 days after the day the vehicle is seized.
	(3)	The notice must—
	(a)	state—
	(i)	either—
	(A)	the short description prescribed by regulation under the Road Transport (General) Act 1999 for the offence for which the motor vehicle has been seized; or
	(B)	the provision of this Act contravened by the person; and
	(ii)	the place where the offence was committed and the date and approximate time of the offence; and
	(iii)	the identifying particulars prescribed by regulation under the Road Transport (General) Act 1999 for the vehicle; and
Note	The short descriptions and identifying particulars are prescribed in the Road Transport (Offences) Regulation 2005.
	(b)	tell the registered operator that an application may be made to the chief police officer or the Magistrates Court for the release of the vehicle.
57	Inspection and purchase of images taken by traffic offence detection devices
Section 27 (1) (b)
omit
division 3.2 (Infringement and reminder notices)
substitute
division 3.3 (Infringement notice offences involving registrable and rail vehicles)
58	Dictionary, note 3
insert
·	light rail vehicle

Part 8	Road Transport (Safety and Traffic Management) Regulation 2000
59	Division 2.2.1 heading, note 2
insert
35A	dict, def bus	33 (1)	
60	ARR dict—definitions for dictionary
Section 33 (1), new definition of bus
insert
bus means a motor vehicle built mainly to carry people that seats over 12 adults (including the driver), but does not include a light rail vehicle.
61	Keeping safe lateral distance when passing bicycle rider
New section 38A (1A)
insert
	(1A)	This section does not apply to a driver of a light rail vehicle.
62	Number of vehicles that may be drawn
New section 41 (6) (f)
insert
	(f)	a light rail vehicle.
63	New section 41 (7)
insert
	(7)	In this section:
articulated vehicle means a motor vehicle, other than a light rail vehicle, with—
	(a)	2 rigid sections, each of which has wheels; and
	(b)	the rear section pivoted on, and part of the rear section (other than a pole, drawbar or similar device, or an accessory of the motor vehicle) superimposed on, the front section.
64	Definitions—div 3.1.3
Section 82, definition of heavy vehicle
substitute
heavy vehicle—
	(a)	means a vehicle (whether loaded or unloaded) that—
	(i)	is longer than 7.5m; and
	(ii)	has a GVM over 4.5t; and
	(iii)	is used for commercial purposes; but
	(b)	does not include a light rail vehicle.
65	Tracked vehicle—Act, dict, def vehicle, par (b)
Section 116
omit
66	Dictionary, note 4
insert
·	light rail vehicle
67	Dictionary, definition of articulated vehicle
omit

Part 9	Road Transport (Third‑Party Insurance) Act 2008
68	What is insured under a CTP policy?
New section 19 (ba)
insert
	(ba)	a light rail vehicle;
69	Section 19 (c)
omit
paragraph (a) or (b)
substitute
paragraphs (a) to (ba)
70	Who is the CTP insurer?
Section 23, definition of CTP insurer, paragraph (a)
substitute
	(a)	for an insured motor vehicle that—
	(i)	is a registered motor vehicle—the insurer selected as the CTP insurer for the motor vehicle under—
	(A)	section 28 (Selecting for registered vehicle—first registration); or
	(B)	section 29 (Selecting for registered vehicle—renewal of registration); or
	(ii)	has a valid trader’s plate attached—the insurer selected under section 30 (Selecting for motor vehicle with trader’s plate) as the CTP insurer for a motor vehicle to which the trader’s plate may be attached; or
	(iii)	is a light rail vehicle—the insurer selected as the CTP insurer for the light rail vehicle under section 30A (Selecting for light rail vehicle); or
71	Sections 28, 29 and 30 headings
substitute
28	Selecting for registered vehicle—first registration
29	Selecting for registered vehicle—renewal of registration
30	Selecting for motor vehicle with trader’s plate
72	New section 30A
in part 2.3, insert
30A	Selecting for light rail vehicle
	(1)	Before each insurance period for which a rail transport operator for a light rail vehicle intends to use the vehicle on a road or road related area, the operator must—
	(a)	tell the road transport authority about—
	(i)	the intention; and
	(ii)	if there is no CTP policy in force for the light rail vehicle—the unique identification number displayed on the light rail vehicle by the rail transport operator for the light rail vehicle; and
	(b)	select, in a way approved by the road transport authority, a licensed insurer to be the CTP insurer under a CTP policy for the light rail vehicle for the insurance period; and
	(c)	pay to the road transport authority the CTP premium for the CTP policy for the insurance period.
Note	CTP premiums must be decided in accordance with pt 2.6.
	(2)	In this section:
insurance period, for a light rail vehicle, means—
	(a)	a period of 12 months beginning on 1 November; or
	(b)	if the CTP policy for the light rail vehicle comes into force on another day—a period of less than 12 months beginning on the day the policy comes into force and ending on 31 October.
73	Sections 31 and 34A headings
substitute
31	When CTP policy takes effect—registered motor vehicles
34A	When CTP policy takes effect—trader’s plates
74	New sections 34C and 34D
in part 2.4, insert
34C	When CTP policy takes effect—light rail vehicles
If a rail transport operator for a light rail vehicle pays to the road transport authority a CTP premium for a CTP policy for the light rail vehicle, the CTP policy comes into force—
	(a)	on the next 1 November; or
	(b)	if there is no CTP policy in force for the light rail vehicle when the CTP premium is paid—on the day after the day payment is made.
34D	CTP policy in effect while insurer on risk—light rail vehicles
	(1)	A CTP policy for a light rail vehicle is in force for the period for which the CTP insurer is on risk under this section.
	(2)	The CTP insurer of the light rail vehicle is on risk for the insurance period for the light rail vehicle.
	(3)	The CTP insurer ceases to be on risk if the CTP policy is cancelled.
Note	Cancellation of CTP policies is dealt with in s 36B.
	(4)	In this section:
insurance period—see section 30A (2).
75	New section 36B
in part 2.5, insert
36B	CTP policy cancellation—light rail vehicles
	(1)	A CTP policy for a light rail vehicle is cancelled if the accreditation of the rail transport operator for light rail vehicle is cancelled or surrendered.
Note	A rail transport operator’s accreditation may be cancelled or surrendered under the Rail Safety National Law (ACT), s 73 or s 75.
	(2)	In this section:
accreditation, of a rail transport operator, means accreditation by the Office of the National Rail Safety Regulator under the Rail Safety National Law (ACT).
76	Nominal defendant may recover costs from responsible person or driver
Section 174 (1) and note
substitute
	(1)	This section applies if personal injury is caused by a motor accident involving—
	(a)	an uninsured motor vehicle that is not a light rail vehicle; or
	(b)	an unidentified motor vehicle.
Note	The nominal defendant is liable in relation to uninsured motor vehicles (see s 61), and unidentified motor vehicles (see s 63).
77	New section 174A
insert
174A	Nominal defendant may recover costs from rail transport operator
	(1)	This section applies if personal injury is caused by a motor accident involving an uninsured light rail vehicle.
Note	The nominal defendant is liable in relation to uninsured light rail vehicles (see s 61).
	(2)	The nominal defendant may recover as a debt from the rail transport operator for the light rail vehicle any costs reasonably incurred by the nominal defendant for a motor accident claim for the personal injury.
	(3)	The nominal defendant may bring a proceeding for recovery of costs under this section before the costs have been actually paid in full and, in that case, a judgment for recovery of costs may provide that, as far as the costs have not been actually paid, the right to recover the costs is contingent on payment.
	(4)	This section does not affect a right of recovery that the nominal defendant may have, apart from this section, against the rail transport operator.
Note	An amount recovered under this section must be paid into the nominal defendant fund (see s 163B).
78	Dictionary, note 3
insert
·	light rail vehicle
79	Dictionary, new definition of rail transport operator
insert
rail transport operator—see the Rail Safety National Law (ACT), section 4.

Part 10	Road Transport (Third‑Party Insurance) Regulation 2008
80	CTP premiums for policies for less than 1 year
Section 11 (1) (c) and note
substitute
	(c)	is issued with a trader’s plate for less than 1 year; or
	(d)	enters into a CTP policy for a light rail vehicle for less than 1 year.
Note	A CTP premium for a CTP policy must be paid when—
	(a)	registering a vehicle (see Act, s 28); and
	(b)	renewing the registration of a vehicle (see Act, s 29); and
	(c)	applying for a trader’s plate (see Act, s 30); and
	(d)	intending to use a light rail vehicle (see Act, s 30A).
81	CTP premium classes
Schedule 1, section 1.1, definition of bus, new paragraph (f)
insert
	(f)	a light rail vehicle.
82	Schedule 1, section 1.1, definition of passenger vehicle, new paragraph (k)
insert
	(k)	a light rail vehicle.
83	Schedule 1, part 1.2, new items 57 and 58
insert
57	26	light rail vehicle		not entitled	
58	26	light rail vehicle		entitled	
84	Dictionary, note 3
insert
·	motor accident
·	motor accident claim
85	Dictionary, note 4
insert
·	light rail vehicle
·	vehicle

Part 11	Road Transport (Vehicle Registration) Act 1999
86	Dictionary, note 3
insert
·	light rail vehicle
87	Dictionary, definition of heavy vehicle
substitute
heavy vehicle—
	(a)	means a motor vehicle or trailer with a GVM more than 4.5t; but
	(b)	does not include a light rail vehicle.
88	Dictionary, definition of registrable vehicle, paragraph (a)
substitute
	(a)	any motor vehicle except a light rail vehicle; or

Part 12	Road Transport (Vehicle Registration) Regulation 2000
89	Using a heavy vehicle without registration label etc 
Section 45 (3) (c)
omit
registered owner
substitute
registered operator
90	Vehicles to which sch 1 does not apply etc
Schedule 1, new section 1.6 (1) (aa)
insert
	(aa)	a light rail vehicle; or

Schedule 1	Consequential Amendments
(see s 3)
Part 1.1	Building and Construction Industry (Security of Payment) Act 2009
[1.1]	Section 7 (1), definition of construction work, paragraph (b)
omit
railways
substitute
light rail and other railways
[1.2]	New section 7 (3)
insert
	(3)	In this section:
light rail—see the Road Transport (General) Act 1999, dictionary.
Part 1.2	Building and Construction Industry Training Levy Act 1999
[1.3]	Schedule 1, item 3
substitute
	3	The construction, alteration, repair, demolition or removal of light rail or any other railway, or part of light rail or other railway, or of any platform, signal or other structure connected with light rail or other railway.
[1.4]	Dictionary, new definition of light rail
insert
light rail—see the Road Transport (General) Act 1999, dictionary.
Part 1.3	Civil Law (Wrongs) Act 2002
[1.5]	Dictionary, definition of motor vehicle, paragraph (a) (i), new note
insert
Note	A light rail vehicle is a motor vehicle under the Road Transport (General) Act 1999.
[1.6]	Dictionary, definition of motor vehicle, paragraph (a) (ii)
omit
a vehicle
substitute
another vehicle
Part 1.4	Crimes Act 1900
[1.7]	Section 4, notes
substitute
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘motor vehicle—see the Road Transport (General) Act 1999, dictionary.’ means that the term ‘motor vehicle’ is defined in that dictionary and the definition applies to this Act.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
[1.8]	Section 28A (4), definition of railway
omit
[1.9]	Section 28A (4), definition of vehicle, paragraph (b)
substitute
	(b)	a light rail vehicle, train or tram;
[1.10]	Section 144
before
railway engine
insert
light rail vehicle,
[1.11]	Section 145
before
railway engine
insert
light rail vehicle,
[1.12]	Section 252F (4), definition of motor vehicle
omit
[1.13]	Dictionary, new definitions of light rail, light rail vehicle and railway
insert
light rail—see the Road Transport (General) Act 1999, dictionary.
light rail vehicle—see the Road Transport (General) Act 1999, dictionary.
railway includes light rail.
Part 1.5	Criminal Code 2002
[1.14]	Section 318 (3)
omit
[1.15]	Section 369 (4)
omit
[1.16]	Dictionary, new definition of motor vehicle
insert
motor vehicle—see the Road Transport (General) Act 1999, dictionary.
Part 1.6	Dangerous Goods (Road Transport) Act 2009
[1.17]	Dictionary, new definition of light rail
insert
light rail—see the Road Transport (General) Act 1999, dictionary.
[1.18]	Dictionary, definition of road infrastructure, paragraph (a) (v)
after
railway
insert
(including light rail)
Part 1.7	Environment Protection Act 1997
[1.19]	Section 8 (1) (a)
substitute
	(a)	a light rail vehicle or other train; or
[1.20]	Section 8 (3), new definition of light rail vehicle
insert
light rail vehicle—see the Road Transport (General) Act 1999, dictionary
Part 1.8	Environment Protection Regulation 2005
[1.21]	Division 2.1 heading, note 1, paragraph (a)
substitute
	(a)	a light rail vehicle or other train; or
[1.22]	Part 3 heading, note 1, paragraph (a)
substitute
	(a)	a light rail vehicle or other train; or
[1.23]	Schedule 2, section 2.2 (1), definition of light rail
substitute
light rail—see the Road Transport (General) Act 1999, dictionary.
[1.24]	Dictionary, definition of light rail
substitute
light rail, for schedule 2, part 2.3 (Noise conditions)—see the Road Transport (General) Act 1999, dictionary.
Part 1.9	Legislation Act 2001
[1.25]	Dictionary, part 1, new definition of Rail Safety National Law (ACT)
insert
Rail Safety National Law (ACT) means the provisions applying in the ACT because of the Rail Safety National Law (ACT) Act 2014, section 6 (Application of Rail Safety National Law).
Part 1.10	Limitation Act 1985
[1.26]	Section 30A (8), definition of motor vehicle, paragraph (a), new note
insert
Note	A light rail vehicle is a motor vehicle under the Road Transport (General) Act 1999.
[1.27]	Section 30A (8), definition of motor vehicle, paragraph (b)
omit
a vehicle
substitute
any other vehicle
Part 1.11	Litter Act 2004
[1.28]	Section 13 (2)
substitute
	(2)	Subsection (1) does not apply if the leaflet is placed in or on a motor vehicle (other than a light rail vehicle) and—
	(a)	is placed in accordance with a territory law; or
	(b)	contains a message that is—
	(i)	of a personal nature; and
	(ii)	directed only to the owner, or the driver or rider, of the motor vehicle.
[1.29]	Section 13 (4)
substitute
	(4)	Subsection (3) does not apply if the leaflet is placed—
	(a)	in or on a motor vehicle (other than a light rail vehicle); and
	(b)	in accordance with a territory law.
[1.30]	Section 13 (6), new definition of light rail vehicle
insert
light rail vehicle—see the Road Transport (General) Act 1999, dictionary.
Part 1.12	Long Service Leave (Portable Schemes) Act 2009
[1.31]	Schedule 1, section 1.1 (1) (a) (ii)
omit
railways
substitute
light rail and other railways
[1.32]	Schedule 1, new section 1.1 (3)
insert
	(3)	In this section:
light rail—see the Road Transport (General) Act 1999, dictionary.
Part 1.13	Planning and Development Act 2007
[1.33]	Dictionary, definition of light rail
substitute
light rail—see the Road Transport (General) Act 1999, dictionary.
Part 1.14	Sale of Motor Vehicles Act 1977
[1.34]	Dictionary, new definition of light rail vehicle
insert
light rail vehicle—see the Road Transport (General) Act 1999, dictionary.
[1.35]	Dictionary, definition of motor vehicle
omit
any vehicle used on a railway 
substitute
a light rail vehicle or any other vehicle used on a railway
Part 1.15	Spent Convictions Act 2000
[1.36]	Section 14 (1), definition of motor vehicle
substitute
motor vehicle—see the Road Transport (General) Act 1999, dictionary.
Part 1.16	Uncollected Goods Act 1996
[1.37]	Dictionary, new definition of light rail vehicle
insert
light rail vehicle—see the Road Transport (General) Act 1999, dictionary.
[1.38]	Dictionary, definition of vehicle
substitute
vehicle—
	(a)	means any means of conveyance which runs on wheels, including a light rail vehicle; but
	(b)	does not include—
	(i)	a wheelchair; or
	(ii)	a vehicle (other than a light rail vehicle) that is used on a railway.
Part 1.17	Work Health and Safety Regulation 2011
[1.39]	Section 291, definition of high risk construction work, paragraph (n)
after
railway
insert
(including light rail)
[1.40]	New section 291 (2)
insert
	(2)	In this section:
light rail—see the Road Transport (General) Act 1999, dictionary.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 8 June 2017.
2	Notification
	Notified under the Legislation Act on 8 August 2017.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Road Transport Reform (Light Rail) Legislation Amendment Bill 2017, which was passed by the Legislative Assembly on 1 August 2017. 

Clerk of the Legislative Assembly

© Australian Capital Territory 2017