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Consultation Draft - National Transport Commission

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(2) The Competent Authority must have regard to CAP’s decision.<br />

17.1A.3 Effect of CAP decisions about cancelling or varying<br />

determinations<br />

(1) This {clause} applies if:<br />

(a)<br />

(b)<br />

a determination is referred to CAP under {subclause} 17.1A.1(2);<br />

and<br />

CAP decides that the determination:<br />

(i)<br />

(ii)<br />

should, or should not, be cancelled; or<br />

should be varied (whether or not CAP’s decision is the same<br />

as the variation proposed by the Authority), and should have<br />

effect as varied in all participating jurisdictions or in<br />

participating jurisdictions including this jurisdiction; or<br />

(iii) should not be varied.<br />

(2) The Competent Authority must have regard to CAP’s decision.".<br />

19. Exception to licensing of vehicles<br />

(1) In clause 18.2.1, for "A road" substitute "(1) A road".<br />

(2) At the end of clause 18.2.1 insert –<br />

"(2) If the Competent Authority has determined under {clause} 1.6.3 that a<br />

vehicle that is not licensed under this Part may be used to transport the<br />

dangerous goods described in {subclause} (1), the vehicle may be used to<br />

transport the goods without complying with that {subclause}.".<br />

20. Clarification of insurance requirements<br />

At the end of clauses 20.1.1(2) and 20.1.2(2) insert –<br />

"Note Under {clause} 1.2.1, vehicle is defined as including a combination. It is<br />

not the purpose of this {subclause} to require insurance in respect of each<br />

individual component of a combination being used in a combination. In the case of<br />

a combination, {subclause} (1) only requires that there be insurance for the<br />

combination as a whole.".<br />

CONSULTATION DRAFT<br />

13

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