Terms used
4 Terms used
In this Act, unless the contrary intention appears —
commercial goods vehicle means a vehicle, other than a vehicle propelled by animal or human power, only, operating or used or intended to be used, on roads or streets for the transport of goods and includes any such vehicle so used or operated or used or intended to be used by or on behalf of the Crown for the carriage of goods for hire or reward and whether in connection with a railway or not;
Department means the department of the Public Service of the State principally assisting the Minister with the administration of this Act;
Director General means the chief executive officer of the Department;
ferry means a vessel, including a hovercraft, used or intended to be used to carry passengers for hire or reward and includes any such vessel so used or intended to be used by or on behalf of the Crown, or an agency of the Crown;
goods means chattels of every description;
gross weight, in relation to a commercial goods vehicle, means the sum of the unladen weight of the vehicle and the load that it is authorised, by its licence under this Act, to carry;
licence means a licence or permit issued under this Act and for the time being in force, and the verb to license has a corresponding meaning;
Ministerial Body means the Transport Co‑ordination Ministerial Body established by section 6;
officer means an officer of the Department and includes a member of the Police Force, or any other person acting in pursuance of powers or duties conferred on him under this Act and any person employed or engaged under this Act;
operate, as applied to a vehicle, means to carry, or offer or agree to carry, or to be responsible for arranging the carriage of, passengers or goods for hire or for any consideration, or in the course of or in connection with any trade or business whatever, and cognate expressions shall be construed accordingly;
owner, in relation to a vehicle, includes every person who —
is the owner or a co‑owner of the vehicle;
is the purchaser or hirer of the vehicle under a contract that for the purposes of the Credit Act 1984 is a credit sale contract to which that Act applies or who is the debtor under an agreement that pursuant to that Act is deemed to be a credit sale contract to which that Act applies;
is the purchaser or hirer of a vehicle under a contract that for the purposes of the National Credit Code (Commonwealth) is a credit contract, or is to be regarded as a credit contract, to which that Code applies;
has the use of the vehicle under a hiring, lease or hire‑purchase agreement,
but does not include an unpaid vendor of the vehicle under a hire‑purchase agreement;
permit means a permit issued under this Act and for the time being in force;
public vehicle means any vehicle that is required to be licensed under this Act;
railway means a railway within the meaning of the Government Railways Act 1904;
road includes any street or place open to or used by the public, and all bridges and culverts and other things appurtenant thereto and used in connection therewith;
Schedule means a schedule to this Act;
section means a section of this Act;
transport service means any service for the carriage of passengers or goods, whether by road, rail, air, or water;
vehicle means a vehicle propelled by any means, other than animal or human power, and includes an aircraft and a vessel, but does not include a vehicle used on a railway.
For the purposes of this Act, a trailer and a semi‑trailer is a vehicle separate from, and is deemed to be driven by the driver of, the vehicle by which it is drawn.
For the purposes of this Act, a vehicle which draws a semi‑trailer or a trailer which is operating is itself operating.
[(3), (4) deleted]
[Section 4 3 amended: No. 94 of 1972 s. 4(1); No. 51 of 1975 s. 4; No. 93 of 1979 s. 4; No. 47 of 1980 s. 4; No. 48 of 1980 s. 3; No. 8 of 1981 s. 3; No. 106 of 1981 s. 25; No. 102 of 1984 s. 18; No. 30 of 1985 s. 3; No. 54 of 1985 s. 7; No. 115 of 1987 s. 4; No. 64 of 1994 s. 4; No. 14 of 1996 s. 4; No. 30 of 1996 s. 13; No. 57 of 1997 s. 122(1); No. 7 of 2002 s. 37; No. 14 of 2010 s. 14; No. 17 of 2014 s. 42; No. 26 of 2018 s. 335.]
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