Re: BLs vs NRS

["Ben Staples" <98711576@feline.hawkesbury.uws.EDU.AU>]

< Tell > wrote in message <3721627a.6882746@news.ozemail.com.au>...

**SNIP**

>>Maybe what they should do is build a new crossing of the Blue Mountains.

**SNIP**

>Er, there is the slight problem of section 92 of the
>Australian Constitution.  The NSW Government was ruled
>against in the Privy Council many years ago with the
>Hughes & Vale Motor Carriers case, NSW then tried to
>amend the legislation and the High Court squashed that.
>
>I know a lot of folks hanging around this group think
>all you have to do is legislate heavy trucks off the
>road and force all freight onto rail.  Section 92 of
>our constitution GUARANTEES free trade between states,
>it prevents amongst other things, the Commonwealth and
>States from using fascist powers over the transport
>industry.  Sorry, the o'l 92 in our Constitution will
>have to be amended, and there is no chance of that.!
>
>Rail in Oz will have to get a little smarter, something
>a lot of them have never practised before.

Now I'm not talking about forcing all freight on rail, but rather about
banning large truck movements across the Blue Mountains. They don't have to
make truck movements illegal, rather impose a 4 tonne gross limit on
vehicles using the Great Western Highway and Bell's Line of Road between
Penrith, Richmond and Lithgow.

Ben Staples