Thursday, Nov 28, 2019 at 13:10
Macca wrote
" If the words "if the laden GCM of the vehicle or vehicle combination at the time of the offence" were included in the legislation or law, then there can be no ambiguity."
I don't think there is ambiguity in the current wording, Macca. GCM is defined. It cannot be anything other than what it is - the MAXIMUM allowable mass of a combination. The term GCM should not appear in any other context, such as a partial load, nor can it be interpreted as such given its current definition. So to me, the NSW rule as it is written is perfectly clear, though admittedly restrictive in the case of a lightly laden combination.
Like you, I'm not sure the intent was to capture the empty LC200/Ford
Ranger towing an empty box trailer, and I don't know how to get around that, but it does very
well capture what are probably the most important scenarios - the heavy vehicles (heavy by definition, ie above 4.5 tonnes GVM) and the heavily laden "light" vehicles that are towing - in particular the average touring rig (towing), which is where the whole topic began in the locked thread.
I haven't missed your point about the empty LC200 towing an empty box trailer, and pursuing that point, the rule as it is currently worded allows an opposite anomaly where a small
sedan towing the same box trailer, laden or unladen, is not speed restricted by virtue of its light GCM, when in fact the physics of the situation suggest that it probably should be!!
Cheers
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