sec.85Modifying heavy vehicle requires approval

### sec.85 Modifying heavy vehicle requires approval A person must not modify a heavy vehicle unless the modification has been approved by— an approved vehicle examiner under section 86 ; or the Regulator under section 87 . Maximum penalty—$3000. A person must not use, or permit to be used, on a road a heavy vehicle that has been modified unless the modification has been approved by— an approved vehicle examiner under section 86 ; or the Regulator under section 87 . Maximum penalty—$3000. This section does not apply to a modification that complies with a code of practice prescribed by the national regulations for the purposes of this section, section 86 or 87 that expressly states that a modification of that type does not require approval. A modification is taken to have been approved by an approved vehicle examiner under section 86 if— the modification has been authorised under an Australian road law of a non-participating jurisdiction; and a modification plate or label is fitted or affixed to a conspicuous part of the vehicle; and the modification plate or label indicates that the modification complies with a code of practice prescribed by the national regulations for the purposes of section 86 . In this section— authorised includes approved and permitted. modification plate or label means a plate or label that is stamped, engraved or marked so as to display information that relates to a modification. non-participating jurisdiction has the meaning given by section 221 . sch s 85 amd 2015 No. 12 s 6 ; 2019 No. 29 s 9 om 2025 No. 26 s 25 (uncommenced amendment) (sec.85-ssec.1) A person must not modify a heavy vehicle unless the modification has been approved by— an approved vehicle examiner under section 86 ; or the Regulator under section 87 . Maximum penalty—$3000. (sec.85-ssec.2) A person must not use, or permit to be used, on a road a heavy vehicle that has been modified unless the modification has been approved by— an approved vehicle examiner under section 86 ; or the Regulator under section 87 . Maximum penalty—$3000. (sec.85-ssec.3) This section does not apply to a modification that complies with a code of practice prescribed by the national regulations for the purposes of this section, section 86 or 87 that expressly states that a modification of that type does not require approval. (sec.85-ssec.4) A modification is taken to have been approved by an approved vehicle examiner under section 86 if— the modification has been authorised under an Australian road law of a non-participating jurisdiction; and a modification plate or label is fitted or affixed to a conspicuous part of the vehicle; and the modification plate or label indicates that the modification complies with a code of practice prescribed by the national regulations for the purposes of section 86 . (sec.85-ssec.5) In this section— authorised includes approved and permitted. modification plate or label means a plate or label that is stamped, engraved or marked so as to display information that relates to a modification. non-participating jurisdiction has the meaning given by section 221 . - (a) an approved vehicle examiner under section 86 ; or - (b) the Regulator under section 87 . - (a) an approved vehicle examiner under section 86 ; or - (b) the Regulator under section 87 . - (a) the modification has been authorised under an Australian road law of a non-participating jurisdiction; and - (b) a modification plate or label is fitted or affixed to a conspicuous part of the vehicle; and - (c) the modification plate or label indicates that the modification complies with a code of practice prescribed by the national regulations for the purposes of section 86 .