Heavy Vehicle (General) National Regulation
sec.69Replacement
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sec.69 Replacement
The Regulator may— under Division 2 of Part 4.5 of the Law— replace a previous exemption with a mass or dimension exemption (notice); or replace more than 1 previous exemption with a single consolidated mass or dimension exemption (notice); or under Division 3 of Part 4.6 of the Law— replace a previous authorisation with a class 2 heavy vehicle authorisation (notice); or replace more than 1 previous authorisation with a single consolidated class 2 heavy vehicle authorisation (notice); or under Division 3 of Part 2 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation — replace a previous declaration with an HML declaration; or replace more than 1 previous declaration with a single consolidated HML declaration. The relevant consent provisions do not apply if— the replacement instrument applies to the areas and routes to which the relevant previous instrument or instruments applied; and in relation to those areas and routes, the replacement instrument is subject to— the previous conditions; or those conditions as amended in relation to any area or route with the consent of the road manager for the area or route. Under subsection (1) , a previous instrument may be replaced entirely or partly. However, if a previous instrument is only partly replaced— the remainder is not affected; and section 750 of the Law applies. Subsections (6) to (8) apply in relation to a replacement instrument if, to the extent the conditions that apply to it are the previous conditions, those previous conditions included the following or the equivalent of the following— a road condition; a travel condition; a vehicle condition applying to every previous instrument of the same type (a common vehicle condition ). The road condition is taken to be a road condition imposed under section 160 of the Law because it is a condition on which the relevant road manager consented to the grant of the replacement instrument. The travel condition is taken to be a travel condition imposed under section 161 of the Law because it is a condition on which the relevant road manager consented to the grant of the replacement instrument. The common vehicle condition is taken to be a vehicle condition imposed under section 162 of the Law at the request of the relevant road manager. s 69 sub 2015 SL No. 188 s 16 (sec.69-ssec.1) The Regulator may— under Division 2 of Part 4.5 of the Law— replace a previous exemption with a mass or dimension exemption (notice); or replace more than 1 previous exemption with a single consolidated mass or dimension exemption (notice); or under Division 3 of Part 4.6 of the Law— replace a previous authorisation with a class 2 heavy vehicle authorisation (notice); or replace more than 1 previous authorisation with a single consolidated class 2 heavy vehicle authorisation (notice); or under Division 3 of Part 2 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation — replace a previous declaration with an HML declaration; or replace more than 1 previous declaration with a single consolidated HML declaration. (sec.69-ssec.2) The relevant consent provisions do not apply if— the replacement instrument applies to the areas and routes to which the relevant previous instrument or instruments applied; and in relation to those areas and routes, the replacement instrument is subject to— the previous conditions; or those conditions as amended in relation to any area or route with the consent of the road manager for the area or route. (sec.69-ssec.3) Under subsection (1) , a previous instrument may be replaced entirely or partly. (sec.69-ssec.4) However, if a previous instrument is only partly replaced— the remainder is not affected; and section 750 of the Law applies. (sec.69-ssec.5) Subsections (6) to (8) apply in relation to a replacement instrument if, to the extent the conditions that apply to it are the previous conditions, those previous conditions included the following or the equivalent of the following— a road condition; a travel condition; a vehicle condition applying to every previous instrument of the same type (a common vehicle condition ). (sec.69-ssec.6) The road condition is taken to be a road condition imposed under section 160 of the Law because it is a condition on which the relevant road manager consented to the grant of the replacement instrument. (sec.69-ssec.7) The travel condition is taken to be a travel condition imposed under section 161 of the Law because it is a condition on which the relevant road manager consented to the grant of the replacement instrument. (sec.69-ssec.8) The common vehicle condition is taken to be a vehicle condition imposed under section 162 of the Law at the request of the relevant road manager.