[s 20]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
Page 19
Authorised by the Parliamentary Counsel
if the court is not satisfied the offence is proven,
but is satisfied the person committed an offence
under section 26H, the court may find the person
guilty of the offence under section 26H, and the
person is liable to punishment accordingly.
20 Amendment of s 60 (Compliance with heavy vehicle
standards)
(1) Section 60(1), penalty—
omit, insert—
Maximum penalty—$6000.
(2) Section 60(2) to (5)—
omit, insert—
(2) Subsection (1) does not apply in circumstances
prescribed by the national regulations.
21 Amendment of s 62 (Restriction on grant of vehicle
standards exemption (notice))
Section 62(1)—
omit, insert—
(1) The Regulator may grant a vehicle standards
exemption (notice) for a category of heavy
vehicles only—
(a) in the circumstances prescribed by the
national regulations; and
(b) if the Regulator is satisfied the use of the
heavy vehicles on a road under the
exemption will not pose a significant safety
risk.
22 Replacement of ss 68–80
Sections 68 to 80—
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5
Clause 6
7
8
9
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Clause 15
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Clause 28
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[s 23]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
Page 20
Authorised by the Parliamentary Counsel
omit, insert—
68 Vehicle standards exemption (permits)
The Regulator may, by giving a person a vehicle
standards exemption (permit), exempt 1 or more
heavy vehicles from compliance with a heavy
vehicle standard for a stated period.
Note—
See section 730A for regulation-making powers in
relation to vehicle standards exemption (permits).
23 Amendment of s 81 (Contravening condition of vehicle
standards exemption)
Section 81(1), (2) and (3), penalty, ‘$4000’—
omit, insert—
$6000
24 Omission of s 83 (Keeping copy of permit while driving
under vehicle standards exemption (permit))
Section 83—
omit.
25 Omission of ss 85–87A
Sections 85 to 87A—
omit.
26 Amendment of s 88 (National regulations for heavy
vehicle modification)
(1) Section 88, before ‘The’—
insert—
(1)
(2) Section 88—
1
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3
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5
6
7
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9
Clause 10
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Clause 15
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Clause 19
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Clause 22
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[s 27]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
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Authorised by the Parliamentary Counsel
insert—
(2) Without limiting subsection (1), the national
regulations may provide for the following—
(a) the approval of a modification of a heavy
vehicle, including by the Regulator or an
approved vehicle examiner;
(b) offences for tampering with plates or labels
attached to modified heavy vehicles.
27 Replacement of s 92 (Display of warning signs required
by heavy vehicle standards on vehicles to which the
requirement does not apply)
Section 92—
omit, insert—
92 Displaying warning signs
The national regulations may prescribe
requirements for the display of warning signs on
heavy vehicles, including as a heavy vehicle
standard or in relation to mass, dimension and
loading.
28 Amendment of s 96 (Compliance with mass
requirements)
Section 96(5)—
omit, insert—
(5) This section does not apply to a heavy vehicle that
is prescribed as a specified PBS vehicle under a
regulation made under section 136.
Note—
If a heavy vehicle that is prescribed as a specified PBS
vehicle does not comply with the mass requirements that
apply to the heavy vehicle, it would be a class 2 heavy
vehicle and could be dealt with under section 137.
1
2
3
4
5
6
7
8
Clause 9
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Clause 20
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[s 29]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
Page 22
Authorised by the Parliamentary Counsel
29 Amendment of s 102 (Compliance with dimension
requirements)
(1) Section 102(1), penalty, paragraphs (a) and (b)(i), ‘$3000’—
omit, insert—
$4000
(2) Section 102(1), penalty, paragraph (b)(ii), ‘$5000’—
omit, insert—
$6000
30 Omission of s 109 (Warning signals required for rear
projection of loads)
Section 109—
omit.
31 Replacement of ss 122–128
Sections 122 to 128—
omit, insert—
122 Mass or dimension exemption (permits) for
class 1 and class 3 heavy vehicles
(1) The Regulator may, by giving a person a mass or
dimension exemption (permit), exempt 1 or more
class 1 heavy vehicles or class 3 heavy vehicles
from compliance with any of the following for a
stated period—
(a) a prescribed mass requirement;
(b) a prescribed dimension requirement;
(c) a requirement relating to the GCM of the
vehicle.
Note—
See section 730A for regulation-making powers in
relation to mass or dimension exemption (permits).
Clause 1
2
3
4
5
6
7
8
Clause 9
10
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Clause 13
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[s 32]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
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Authorised by the Parliamentary Counsel
(2) The Regulator may grant a mass or dimension
exemption (permit) for a heavy vehicle only if—
(a) the Regulator is satisfied the use of the
heavy vehicle on a road under the permit
will not pose a significant risk to public
safety; and
(b) each relevant road manager for the
exemption has consented to the grant; and
(c) the Regulator is satisfied all other consents
required for the exemption under the law of
the relevant jurisdiction have been obtained
by the applicant or have been otherwise
given.
(3) In deciding whether to grant a mass or dimension
exemption (permit), the Regulator must have
regard to the approved guidelines for granting
mass or dimension exemptions.
32 Omission of s 133 (Keeping copy of permit while driving
under mass or dimension exemption (permit))
Section 133—
omit.
33 Omission of Pt 4.5, Div 5 (Other provision)
Part 4.5, Division 5—
omit.
34 Replacement of s 136 (Class 2 heavy vehicles)
Section 136—
omit, insert—
136 Class 2 heavy vehicles
A heavy vehicle is a class 2 heavy vehicle if the
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Clause 18
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Clause 22
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Clause 25
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[s 35]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
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Authorised by the Parliamentary Counsel
heavy vehicle meets the requirements prescribed
for the purposes of this section by the national
regulations.
35 Replacement of ss 143–149
Sections 143 to 149—
omit, insert—
143 Class 2 heavy vehicle authorisation (permits)
The Regulator may, by giving a person a class 2
heavy vehicle authorisation (permit), authorise
the use of 1 or more class 2 heavy vehicles—
(a) in stated areas or on stated routes; and
(b) during stated hours of stated days.
Note—
See section 730A for regulation-making powers in
relation to class 2 heavy vehicle authorisation (permits).
36 Omission of s 152 (Keeping copy of permit while driving
under class 2 heavy vehicle authorisation (permit))
Section 152—
omit.
37 Amendment of s 153A (Using restricted access vehicle)
(1) Section 153A(2), definitions restricted access vehicle and
specified semitrailer—
omit.
(2) Section 153A(2), in alphabetical order—
insert—
restricted access vehicle means a heavy vehicle that meets the
requirements prescribed for the purposes of this definition by
the national regulations.
1
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Clause 4
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Clause 16
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Clause 20
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[s 38]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
Page 25
Authorised by the Parliamentary Counsel
safer freight combination means a combination that meets
the requirements prescribed for the purposes of this definition
by the national regulations.
specified semitrailer means a semitrailer that meets the
requirements prescribed for the purposes of this definition by
the national regulations.
(3) Section 153A(3)(b)—
omit, insert—
(b) a heavy vehicle that is prescribed as a
specified PBS vehicle under a regulation
made under section 136; or
(4) Section 153A(3)(e)—
omit, insert—
(e) a safer freight combination.
38 Omission of Pt 4.7, Divs 4 and 5
Part 4.7, Divisions 4 and 5—
omit.
39 Amendment of s 186 (False or misleading transport
documentation for goods)
Section 186(2), (3), (4) and (5), penalty, ‘$10000’—
omit, insert—
$20000
40 Amendment of s 187 (False or misleading information in
container weight declaration)
Section 187(2) and (3), penalty, ‘$10000’—
omit, insert—
$20000
1
2
3
4
5
6
7
8
9
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Clause 15
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Clause 18
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Clause 23
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[s 41]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
Page 26
Authorised by the Parliamentary Counsel
41 Amendment of ch 6, hdg (Vehicle operations—driver
fatigue)
Chapter 6, heading, after ‘fatigue’—
insert—
and fitness to drive
42 Amendment of s 220 (Main purpose of Ch 6)
(1) Section 220(1), from ‘of drivers’ to ‘vehicles’—
omit, insert—
and fitness to drive of drivers of heavy vehicles
(2) Section 220(2)(a) to (c)—
omit, insert—
(a) imposing a duty on drivers of heavy vehicles
to not drive a heavy vehicle on a road while
impaired by fatigue or unfit to drive; and
43 Amendment of s 221 (Definitions for Ch 6)
(1) Section 221, definitions AFM fatigue management system,
AFM hours, approved electronic recording system, approved
sleeper berth, BFM hours, cancel, daily sheet, electronic
recording system, fatigue and impaired by fatigue—
omit.
(2) Section 221, in alphabetical order—
insert—
approved sleeper berth, for a fatigue-regulated
heavy vehicle, means a driver’s sleeper berth
prescribed by the national regulations.
(3) Section 221, definition cause of fatigue, after ‘cause of
fatigue’—
insert—
or being unfit to drive
Clause 1
2
3
4
5
Clause 6
7
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Clause 15
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[s 44]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
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Authorised by the Parliamentary Counsel
(4) Section 221, definition cause of fatigue or being unfit to drive,
as amended by subsection (3), ‘while driving a
fatigue-regulated heavy vehicle’—
omit, insert—
or unfit to drive while driving a heavy vehicle
(5) Section 221, definition night work time, note, ‘sections 248
and 303’—
omit, insert—
section 248
(6) Section 221, definition sign of fatigue, after ‘sign of
fatigue’—
insert—
or being unfit to drive
(7) Section 221, definition sign of fatigue or being unfit to drive,
as amended by subsection (6), ‘while driving a
fatigue-regulated heavy vehicle’—
omit, insert—
or unfit to drive while driving a heavy vehicle
(8) Section 221, definition written work diary, ‘section 340’—
omit, insert—
section 293A
44 Replacement of Pt 6.2, hdg (Duties relating to fatigue)
Part 6.2, heading—
omit, insert—
Part 6.2 Duty to not drive while
fatigued or unfit to
drive
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Clause 22
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[s 45]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
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Authorised by the Parliamentary Counsel
45 Omission of Pt 6.2, Div 1, hdg (Preliminary)
Part 6.2, Division 1, heading—
omit.
46 Replacement of ss 224 and 225
Sections 224 and 225—
omit, insert—
224 Matters court may consider in deciding
whether person was fatigued or unfit to drive
(1) When deciding whether the driver of a heavy
vehicle was fatigued or unfit to drive, a court may
consider the following—
(a) what is commonly understood as being
fatigued or unfit to drive;
(b) the causes of fatigue or being unfit to drive;
(c) the signs of fatigue or being unfit to drive;
(d) any relevant body of knowledge;
(e) any other matter prescribed by the national
regulations.
(2) Subsection (1) does not limit the matters the court
may consider when deciding whether a driver was
impaired by fatigue or unfit to drive.
(3) In this section—
relevant body of knowledge means any
accreditation scheme, approved guidelines,
scientific knowledge, expert opinion, codes of
practice, standards or other knowledge about
preventing or managing exposure to risks to
safety either on a road or in a workplace, arising
from fatigue or being unfit to drive.
Clause 1
2
3
Clause 4
5
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[s 47]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
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Authorised by the Parliamentary Counsel
225 What is being impaired by fatigue or unfit to
drive
(1) A driver is impaired by fatigue if the driver’s
ability to drive a heavy vehicle on a road safely is
affected by fatigue.
(2) A driver of a heavy vehicle is unfit to drive the
heavy vehicle on a road if the driver is not of
sufficiently good health or fitness to drive the
heavy vehicle safely.
47 Amendment of s 226 (Matters court may consider in
deciding whether person was impaired by fatigue)
(1) Section 226, heading, after ‘fatigue’—
insert—
or unfit to drive
(2) Section 226(1), from ‘fatigue-regulated’ to ‘fatigue’—
omit, insert—
heavy vehicle was impaired by fatigue or unfit to
drive
(3) Section 226(1)(a), from ‘or sign’—
omit, insert—
or sign of fatigue or being unfit to drive that was
evident, and the degree to which it may indicate
that the driver was impaired by fatigue or unfit to
drive;
(4) Section 226(1)(b), (2) and (3), after ‘fatigue’—
insert—
or unfit to drive
48 Omission of Pt 6.2, Div 2, hdg (Duty to avoid fatigue)
Part 6.2, Division 2, heading—
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2
3
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Clause 10
11
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Clause 28
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[s 49]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
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Authorised by the Parliamentary Counsel
omit.
49 Amendment of s 228 (Duty of driver to avoid driving while
fatigued)
(1) Section 228, heading, after ‘fatigued’—
insert—
or unfit to drive
(2) Section 228(1)—
omit, insert—
(1) A person must not drive a heavy vehicle on a road
while the person is impaired by fatigue or unfit to
drive.
Maximum penalty—$20000.
50 Amendment of s 243 (What is a driver’s work and rest
hours option)
(1) Section 243(2)(a)(i), ‘BFM accreditation, AFM
accreditation’—
omit, insert—
fatigue alternative compliance accreditation
(2) Section 243(2)(b) and (c)—
omit, insert—
(b) the alternative compliance arrangements,
which—
(i) apply to drivers of fatigue-regulated
heavy vehicles operating under a
fatigue alternative compliance
accreditation; and
(ii) are known as ‘alternative compliance
hours’; or
1
Clause 2
3
4
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Clause 13
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[s 51]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
Page 31
Authorised by the Parliamentary Counsel
51 Omission of ss 246 and 246A
Sections 246 and 246A—
omit.
52 Amendment of s 247 (Time to be counted after rest time
ends)
(1) Section 247(a), ‘a relevant major rest break’—
omit, insert—
the longest major rest break required in a period
under the driver’s work and rest hours option
(2) Section 247, example, ‘the relevant major rest break’—
omit, insert—
the longest major rest break
53 Amendment of s 249 (Standard hours)
Section 249(1), ‘BFM accreditation, AFM accreditation’—
omit, insert—
fatigue alternative compliance accreditation
54 Amendment of s 250 (Operating under standard
hours—solo drivers)
Section 250(1), penalty, paragraph (a), ‘$4000’—
omit, insert—
$3000
55 Amendment of s 251 (Operating under standard
hours—two-up drivers)
Section 251(1), penalty, paragraph (a), ‘$4000’—
omit, insert—
Clause 1
2
3
Clause 4
5
6
7
8
9
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12
Clause 13
14
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Clause 17
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Clause 22
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[s 56]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
Page 32
Authorised by the Parliamentary Counsel
$3000
56 Replacement of Pt 6.3, Divs 3 and 4
Part 6.3, Divisions 3 and 4—
omit, insert—
Division 3 Alternative compliance
work and rest
arrangements
253 Alternative compliance hours
(1) In this Law, the alternative compliance hours are
the maximum work times and minimum rest times
that apply, for a period, to the driver of a
fatigue-regulated heavy vehicle operating under a
fatigue alternative compliance accreditation.
(2) The alternative compliance hours are stated in the
accreditation certificate for the fatigue alternative
compliance accreditation.
Note—
Under section 461A, the alternative compliance hours
specified by the Regulator when granting fatigue
alternative compliance accreditation must comply with
the standard for alternative compliance hours.
254 Operating under alternative compliance hours
The driver of a fatigue-regulated heavy vehicle
commits an offence if, in any period stated in the
alternative compliance hours for the driver, the
driver—
(a) works for more than the maximum work
time stated in the alternative compliance
hours; or
1
Clause 2
3
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[s 57]
Heavy Vehicle National Law Amendment Bill 2025
Part 3 Amendment of Heavy Vehicle National Law
Page 33
Authorised by the Parliamentary Counsel
(b) rests for less than the minimum rest time
stated in the alternative compliance hours.
Maximum penalty—
(a) for a minor risk breach—$3000; or
(b) for a substantial risk breach—$6000; or
(c) for a severe risk breach—$10000; or
(d) for a critical risk breach—$15000.
57 Amendment of s 260 (Operating under exemption hours)
Section 260(1), penalty, paragraph (a), ‘$4000’—
omit, insert—
$3000
58 Amendment of s 263 (Operating under new work and rest
hours option after change)
(1) Section 263(1)(a), ‘or BFM hours’—
omit.
(2) Section 263(1)(a), examples—
omit.
(3) Section 263(1)(b), ‘AFM hours’—
omit, insert—
alternative compliance hours
(4) Section 263(1)(c), example—
omit.
59 Amendment of s 264 (Duty of employer, prime contractor,
operator and scheduler to ensure driver compliance)
Section 264(2), penalty, ‘$6000’—
omit, insert—
1
2
3
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7
Clause 8
9
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Clause 12
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Clause 23
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Section retrieval-0003 - Heavy Vehicle National Law Amendment Bill 2025 - Document excerpt 3 | Zoe