9Approval—noncompliance that poses no additional risk

9 Approval—noncompliance that poses no additional risk

9 Approval—noncompliance that poses no additional risk

(1) This section applies in relation to an application for a PBS design approval if the Regulator considers that a heavy vehicle built to the design the subject of the application—

(a) is not likely to comply with 1 or more standards under the Standards and Vehicle Assessment Rules; and

(b) will not pose any additional risk to safety or infrastructure than would be posed by a heavy vehicle—

(i) that does comply with the standards; or

(ii) that would comply with the standards if particular conditions were imposed on the use of the vehicle and were complied with.

Examples—

(2) If the Regulator approves an application to which subsection (1)(b)(ii) applies, the approval must state that any PBS vehicle approval given for a heavy vehicle built to the design is subject to the particular conditions referred to in that subsection.

(3) If the Regulator approves an application to which subsection (1)(b)(i) or (ii) applies, the Regulator must publish the following on the Regulator’s website—

(a) the type of heavy vehicle to which the design relates;

(b) the standards under the Standards and Vehicle Assessment Rules with which a heavy vehicle built to the design is not likely to comply;

(c) the reasons the Regulator considers the noncompliance will not pose any additional risk to safety or infrastructure as described in subsection (1)(b);

(d) if the approval states that a PBS vehicle approval given for a heavy vehicle built to the design is subject to particular conditions under subsection (2)—a brief description of the conditions.

(4) Subsection (3) does not authorise the Regulator to disclose any identifying details of the applicant, the design to which the approval relates, or any other confidential or commercially sensitive information.