Streeton Lawyers has won an important victory which it is hoped will give truck and transport operators registered under the Federal Interstate Registration Scheme some certainty when operating in NSW.

Our client was the Director of a truck company in Sydney. His trucks were involved in the haulage of goods between New South Wales and Queensland, as well as between New South Wales and Victoria. Although the goods were destined for interstate, our client’s trucks would only take the goods from Sydney to Macksville in New South Wales, at which time the goods would be transferred to another freight company for transport to Queensland.

The Federal Interstate Registration Scheme (FIRS) is a Commonwealth Scheme available to operators of heavy vehicles where their vehicles are involved in the carriage of goods or passengers between Australian jurisdictions. For example, taking goods between New South Wales and Queensland. Importantly registration under the Commonwealth FIRS provides an alternative to state base registration, however the vehicles must be engaged solely in the interstate operations.

Although our client had vehicles registered under the FIRS, New South Wales Police took the view that because the journeys involved only intrastate legs of the larger interstate journey, they were not covered by the FIRS Registration. Our client was therefore charged with Permitting the Use of an Unregistered Motor Vehicle under section 84(3) of the Road Transport (Vehicle Registration) Regulation 2007 (NSW).

The matters proceeded to hearing at Blacktown Local Court. It was argued that although the journeys between Sydney and Macksville were intrastate components of the larger interstate journey, because our client was carrying goods ultimately destined for Queensland, his vehicles were “engaged in the carriage of goods between New South Wales and Queensland”. The Local Court Magistrate agreed that these intrastate legs were covered by the Interstate Road Transport Act 1985 (Cth) and the FIRS and dismissed the charge.

The decision is important because it deals with the intersection between State and Federal legislation. Although correct on a legal and technical view, the decision also accords with a common sense interpretation of the relevant schemes. If the Court had held that the FIRS legislation only covered those vehicles travelling directly from one state to another (with no intrastate legs), in a country as vast as Australia this would mean that only a small number of interstate journeys would be covered.

Not surprising, our client was extremely pleased with the result and can now continue operations under his current Federal Interstate Registration Scheme registrations.

Photo by Kelly Lacy