Part 1 Introductory matters

Part 1.1 Introductory matters

1 Short title

1 Short title

This Law may be cited as the Heavy Vehicle National Law (NSW).

2 Commencement

2 Commencement

(1) This Law commences in this jurisdiction on 10 February 2014, except as provided by subsection (2).

(2) Section 84 of this Law commences in this jurisdiction on the day on which section 84 of the Heavy Vehicle National Law (Queensland) commences in Queensland.

Note—

This section is substituted for New South Wales.

3 Object of Law

3 Object of Law

The object of this Law is to establish a national scheme for facilitating and regulating the use of heavy vehicles on roads in a way that—

(a) promotes public safety; and

(b) manages the impact of heavy vehicles on the environment, road infrastructure and public amenity; and

(c) promotes industry productivity and efficiency in the road transport of goods and passengers by heavy vehicles; and

(d) encourages and promotes productive, efficient, innovative and safe business practices.

4 Regulatory framework to achieve object

4 Regulatory framework to achieve object

The object of this Law is to be achieved by a regulatory framework that—

(a) establishes an entity (the National Heavy Vehicle Regulator) with functions directed at ensuring the object is achieved; and

(b) provides for a database of heavy vehicles; and

(c) prescribes requirements about the following—

(i) the standards heavy vehicles must meet when on roads;

(ii) the maximum permissible mass and dimensions of heavy vehicles used on roads;

(iii) securing and restraining loads on heavy vehicles used on roads;

(iv) preventing drivers of heavy vehicles exceeding speed limits;

(v) preventing drivers of heavy vehicles from driving while fatigued; and

(d) imposes duties and obligations directed at ensuring heavy vehicles and drivers of heavy vehicles comply with requirements mentioned in paragraph (c)(i) to (v) on persons whose activities may influence whether the vehicles or drivers comply with the requirements; and

(e) includes measures directed at the matters mentioned in section 3(c) and (d) by allowing improved access to roads in certain circumstances, including by—

(i) allowing heavy vehicles, that would otherwise be prevented from being used on roads, access to the roads through exemptions or authorisations granted in circumstances in which the matters mentioned in section 3(a) and (b) will not be compromised; and

(ii) providing for accreditation schemes allowing operators of heavy vehicles who adopt best practices directed at the matters mentioned in section 3 to be subject to alternative requirements more suited to the operators’ business operations.

s 4: Am 2018 No 10, sec 13; 2018 (354), Sch 1 [1].

5 Definitions

5 Definitions

In this Law—

100km work, for the purposes of Chapter 6, has the meaning given by section 289(1).

100+km work, for the purposes of Chapter 6, has the meaning given by section 289(2).

accreditation certificate means—

(a) for a heavy vehicle accreditation granted under this Law—the accreditation certificate given for the accreditation under section 464; or

(b) for a heavy vehicle accreditation granted under another law of a participating jurisdiction—the certificate of accreditation (however called) issued for the accreditation under that law.

ADR means—

(a) a third edition ADR; or

(b) a second edition ADR.

advice purposes means providing advice, information and education to persons with duties or obligations under this Law about compliance with the duties or obligations.

AFM accreditation means—

(a) AFM accreditation granted under section 458; or

(b) accreditation of a similar kind under another law of a participating jurisdiction.

AFM fatigue management system, for the purposes of Chapters 6 and 8, has the meaning given by section 457.

AFM hours, for the purposes of Chapters 6 and 8, has the meaning given by section 257.

AFM standards and business rules, for the purposes of Chapter 8, has the meaning given by section 457.

agricultural implement means a vehicle without its own automotive power, built to perform agricultural tasks, and includes an agricultural trailer.

Examples—

• auger

• conveyor

• field bin

• harvester front

• irrigating equipment or machinery

agricultural machine means a vehicle with its own automotive power, built to perform agricultural tasks.

Examples—

harvester, tractor

agricultural task means a task carried out in agriculture.

Examples of an agricultural task—

• cultivating land

• growing and harvesting crops

• rearing livestock

agricultural trailer means a trailer that is designed to carry a load and used exclusively to perform agricultural tasks, but does not include a semitrailer.

agricultural vehicle means an agricultural implement or agricultural machine.

Application Act, of this jurisdiction, means the Act of this jurisdiction by which this Law applies as a law of this jurisdiction.

appropriately qualified, for a function, includes having the qualifications, experience or standing appropriate to exercise the function.

Example of standing—

a person’s classification level or position in the public service or a government agency of a participating jurisdiction

approved, by the responsible Ministers, for the purposes of Chapter 8, has the meaning given by section 457.

approved auditor, for the purposes of Chapter 8, has the meaning given by section 457.

approved electronic recording system has the meaning given by section 221.

approved form means a form approved by the Regulator under section 735.

approved guidelines means guidelines approved by the responsible Ministers under section 653.

approved intelligent transport system has the meaning given by section 403.

approved sleeper berth, for the purposes of Chapter 6, has the meaning given by section 221.

approved vehicle examiner means a person approved as a vehicle examiner under the national regulations (as referred to in section 731).

articulated bus means a bus with 2 or more rigid sections connected to one another in a way that allows—

(a) passenger access between the sections; and

(b) rotary movement between the sections.

AS means an Australian standard made or published by Standards Australia.

associate, of a person, means—

(a) if the person is an individual—

(i) the individual’s spouse or de facto partner; or

(ii) a relative of the individual, whether by blood, spousal relationship or adoption; or

(iii) an employee of the individual; or

(iv) an employee of a corporation of which the individual is an executive officer; or

(v) a partner of the individual; or

(vi) a corporation of which the individual is an executive officer; or

(vii) a corporation in which the individual holds a controlling interest; or

(viii) a person who is a trustee of a trust of which the individual is a trustee or beneficiary; or

(ix) a person who is a beneficiary of a trust of which the individual is a trustee or beneficiary; or

(x) a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the individual; or

(xi) a person who is an associate of someone who is an associate of the individual; or

(b) if the person is a corporation—

(i) an executive officer of the corporation; or

(ii) an associate of an executive officer of the corporation; or

(iii) an employee of the corporation; or

(iv) a person who holds a controlling interest in the corporation; or

(v) a related body corporate, within the meaning of the Corporations Act 2001 of the Commonwealth, of the corporation; or

(vi) a person who is an associate of someone who is an associate of the corporation.

ATM (aggregate trailer mass), of a heavy trailer, means the total maximum mass of the trailer, as stated by the manufacturer, together with its load and the mass imposed on the towing vehicle by the trailer when the towing vehicle and trailer are on a horizontal surface.

Australian Accounting Standards means Accounting Standards issued by the Australian Accounting Standards Board.

Australian road law means—

(a) this Law; or

(b) another law of a State or Territory that regulates the use of vehicles on roads.

authorised officer means—

(a) a police officer declared by a law of a participating jurisdiction to be an authorised officer for the purposes of this Law; or

(b) a person who holds office under this Law as an authorised officer.

authorised use, for the purposes of Part 13.4, has the meaning given by section 727.

authorised warrant official, for a participating jurisdiction, means an entity that is declared by a law of that jurisdiction to be an authorised warrant official for that jurisdiction for the purposes of this Law.

axle means 1 or more shafts positioned in a line across a vehicle, on which 1 or more wheels intended to support the vehicle turn.

axle group means a tandem axle group, twinsteer axle group, tri-axle group or quad-axle group.

base, of the driver of a heavy vehicle—

1 The base of the driver of a heavy vehicle, in relation to particular work—

(a) is the place from which the driver normally does the work; but

(b) is, for the purposes of Chapter 6, the garage address of the vehicle if—

(i) the vehicle is a fatigue-regulated heavy vehicle; and

(ii) the driver is required under Part 6.4, in relation to that particular work, to keep a work diary and to record the location of the driver’s base in the work diary, and has not done so.

Note—

The driver of a fatigue-regulated heavy vehicle may not be required under Part 6.4, in relation to particular work, to keep a work diary and to record the location of the driver’s base in the work diary, if, for example—

• the driver is undertaking 100km work under standard hours

• the driver is working under a work diary exemption

2 For a driver who is a self-employed driver and an employed driver at different times, the driver may have one base as a self-employed driver under paragraph 1 and another base as an employed driver under that paragraph.

3 For a driver who has 2 or more employers, the driver may have a different base in relation to each employer under paragraph 1.

B-double means a combination consisting of a prime mover towing 2 semitrailers, with the first semitrailer being attached directly to the prime mover by a fifth wheel coupling and the second semitrailer being mounted on the rear of the first semitrailer by a fifth wheel coupling on the first semitrailer.

Typical B-double

B-triple means a combination consisting of a prime mover towing 3 semitrailers, with—

(a) the first semitrailer being attached directly to the prime mover by a fifth wheel coupling; and

(b) the second semitrailer being mounted on the rear of the first semitrailer by a fifth wheel coupling on the first semitrailer; and

(c) the third semitrailer being mounted on the rear of the second semitrailer by a fifth wheel coupling on the second semitrailer.

BFM accreditation means—

(a) BFM accreditation granted under section 458; or

(b) accreditation of a similar kind under another law of a participating jurisdiction.

BFM fatigue management system, for the purposes of Chapter 8, has the meaning given by section 457.

BFM hours, for the purposes of Chapters 6 and 8, has the meaning given by section 253.

BFM standards and business rules, for the purposes of Chapter 8, has the meaning given by section 457.

Board means the National Heavy Vehicle Regulator Board established under section 662.

body of fatigue knowledge means any accreditation scheme, scientific knowledge, expert opinion, guidelines, standards or other knowledge about preventing or managing exposure to risks to safety either on a road or in a workplace, arising from fatigue.

bus means a heavy motor vehicle built or fitted to carry more than 9 adults (including the driver).

business practices, of a person, means the person’s practices in running a business associated with the use of a heavy vehicle on a road, including—

(a) the operating policies and procedures of the business; and

(b) the human resource and contract management arrangements of the business; and

(c) the arrangements for preventing or minimising public risks associated with the person’s practices.

cancel, for the purposes of Chapter 6 in relation to an unused daily sheet in a written work diary, has the meaning given by section 221.

category, of heavy vehicles—see section 15.

cause, a thing, includes—

(a) contribute to causing the thing; and

(b) encourage the thing.

centre-line, of an axle, means—

(a) for an axle consisting of 1 shaft—a line parallel to the length of the axle and passing through its centre; and

(b) for an axle consisting of 2 shafts—a line in the vertical plane passing through—

(i) the centre of both shafts; and

(ii) the centres of the wheels on the shafts.

class 1 heavy vehicle has the meaning given by section 116(1) and (2).

class 2 heavy vehicle has the meaning given by section 136.

class 2 heavy vehicle authorisation means—

(a) a class 2 heavy vehicle authorisation (notice); or

(b) a class 2 heavy vehicle authorisation (permit).

class 2 heavy vehicle authorisation (notice) has the meaning given by section 138(2).

class 2 heavy vehicle authorisation (permit) has the meaning given by section 143(2).

class 3 heavy vehicle has the meaning given by section 116(3).

combination means a group of vehicles consisting of a motor vehicle towing 1 or more other vehicles.

Commonwealth Gazette means the Commonwealth of Australia Gazette.

Commonwealth Gazette notice means notice published in the Commonwealth Gazette.

Commonwealth responsible Minister means the Commonwealth Minister nominated by the Commonwealth as the responsible Minister for the Commonwealth for the purposes of this Law.

compensation order has the meaning given by section 611(1).

complaint, for an offence, means a complaint, charge, notice or other process that starts a proceeding for the offence.

compliance purposes means—

(a) monitoring purposes; or

(b) investigation purposes.

complying container weight declaration has the meaning given by section 189.

component, of a heavy vehicle that is a combination, means—

(a) other than in Part 3.3, a component vehicle of the combination; or

(b) a component of any component vehicle of the combination.

component vehicle, of a heavy combination, means the towing vehicle or another vehicle in the combination.

condition includes a restriction.

conduct means an act, an omission to perform an act, or a state of affairs.

consent includes an approval or concurrence.

consign and consignor—
A person consigns goods, and is a consignor of goods, for road transport using a heavy vehicle, if—

(a) the person has consented to being, and is, named or otherwise identified as a consignor of the goods in the transport documentation relating to the road transport of the goods; or

(b) the person engages an operator of the vehicle, either directly or indirectly or through an agent or other intermediary, to transport the goods by road; or

(c) if paragraphs (a) and (b) do not apply—the person has possession of, or control over, the goods immediately before the goods are transported by road.

consignee, of goods—

(a) means a person who—

(i) has consented to being, and is, named or otherwise identified as the intended consignee of the goods in the transport documentation relating to the road transport of the goods; or

(ii) actually receives the goods after completion of their road transport; but

(b) does not include a person who merely unloads the goods.

container weight declaration—

(a) means a written declaration, whether contained in 1 or more documents, stating or purporting to state the weight of a freight container and its contents; and

Examples—

an email, a placard fixed to the container

Note—

See the definition document in section 12 of Schedule 1.

(b) includes a copy of a declaration mentioned in paragraph (a).

contract includes an agreement.

converter dolly means a pig trailer with a fifth wheel coupling designed to convert a semitrailer into a dog trailer.

Typical converter dolly

convict, a person of an offence, has the meaning given by section 9(1).

convicted, of an offence, has the meaning given by section 9(2).

convicted person—

(a) for the purposes of Division 5 of Part 10.3, has the meaning given by section 599(a); or

(b) for the purposes of Division 6 of Part 10.3, has the meaning given by section 606(a).

corporation includes a body politic or corporate.

corresponding fatigue law, for the purposes of Chapter 6, has the meaning given by section 221.

critical risk breach, for a maximum work requirement or minimum rest requirement, has the meaning given by section 222(4).

daily sheet, for a written work diary, for the purposes of Chapter 6, has the meaning given by section 338(2)(b).

database of heavy vehicles means the database of heavy vehicles kept under section 686A.

daytime means the period of a day between sunrise and sunset.

de facto partner, of a person, means a person (whether of the same gender or a different gender) who is in a de facto relationship, within the meaning given by section 2F of the Acts Interpretation Act 1901 of the Commonwealth, with the person.

defective heavy vehicle, for the purposes of Division 6 of Part 9.3, has the meaning given by section 525.

defective vehicle label, for the purposes of Division 6 of Part 9.3, has the meaning given by section 525.

defendant, for a proceeding for an offence, means the person charged with the offence (whether called the defendant or the accused).

deficiency, for the purposes of Division 3 of Part 10.4, has the meaning given by section 626.

dimension requirement means—

(a) a prescribed dimension requirement (under section 101); or

(b) a requirement as to a dimension limit relating to a heavy vehicle under a condition to which a mass or dimension authority is subject (where the dimension limit is more restrictive than the relevant prescribed dimension requirement); or

(c) a requirement as to a dimension limit under a PBS vehicle approval; or

(d) a requirement as to a dimension limit indicated by an official traffic sign; or

Note—

See the definitions indicated and official traffic sign.

(e) a requirement as to a dimension limit for a component vehicle as prescribed by a heavy vehicle standard.

drive, a vehicle or combination, includes—

(a) be in control of the steering, movement or propulsion of the vehicle or combination; and

(b) for a trailer—drive a vehicle towing the trailer.

driver, of a vehicle or combination—

(a) means the person driving the vehicle or combination; and

(b) includes—

(i) a person accompanying the person driving the vehicle or combination on a journey or part of a journey, who has been, is or will be sharing the task of driving the vehicle or combination during the journey or part; and

(ii) a person who is driving the vehicle or combination as a driver under instruction or under an appropriate learner licence or learner permit; and

(iii) where the driver is a driver under instruction, the holder of a driver licence occupying the seat in the vehicle or combination next to the driver.

driver fatigue compliance function, for the purposes of Part 13.4, has the meaning given by section 727(1).

driver fatigue provision, for the purposes of Part 13.4, has the meaning given by section 727(1).

driver licence means—

(a) a driver licence issued under a law of a State or Territory that regulates the use of vehicles on roads; or

(b) a licence, permit or other authorisation to drive a motor vehicle issued under a law of another country if a law mentioned in paragraph (a) exempts the holder of the licence, permit or other authorisation from the requirement to hold a driver licence under that law to drive a motor vehicle.

electronic recording system has the meaning given by section 221.

electronic recording system approval means an approval of an electronic recording system under Division 7 of Part 6.4.

electronic work diary has the meaning given by section 221.

electronic work diary authorised use, for the purposes of Part 13.4, has the meaning given by section 727(1).

electronic work diary information, for the purposes of Part 13.4, has the meaning given by section 727(1).

electronic work diary protected information, for the purposes of Part 13.4, has the meaning given by section 727(1).

embargo notice has the meaning given by section 557(2).

embargoed thing means a thing the subject of an embargo notice.

employed driver, of a heavy vehicle, means a person who is employed by someone else to drive the vehicle.

employee means an individual who is employed by someone else.

employer means a person who employs someone else.

encourage includes give an incentive.

entity includes a person, an unincorporated partnership and an unincorporated body.

entry, in a work record, for the purposes of Chapter 6, has the meaning given by section 221.

equipment, in relation to a heavy vehicle, includes tools, devices and accessories in the vehicle.

escort vehicle means a pilot vehicle that is driven by a police officer or another person authorised to direct traffic under an Australian road law.

examine includes analyse, test, account, measure, weigh, grade, gauge or identify.

executive officer, of a corporation, means—

(a) a director of the corporation; or

(b) any person, by whatever name called and whether or not the person is a director of the corporation, who is concerned or takes part in the management of the corporation.

exemption hours, for the purposes of Chapter 6, has the meaning given by section 259.

exercise, for a function, includes perform.

extract, of a document, device or other thing, means a copy of any information contained in the document, device or other thing.

Note—

See the definition document in section 12 of Schedule 1.

false or misleading means false or misleading in a material particular.

fatigue has the meaning given by section 223.

fatigue record keeping exemption means—

(a) a fatigue record keeping exemption (notice); or

(b) a fatigue record keeping exemption (permit).

fatigue record keeping exemption (notice) has the meaning given by section 378.

fatigue record keeping exemption (permit) has the meaning given by section 383.

fatigue-regulated bus means a heavy motor vehicle built or fitted to carry more than 12 adults (including the driver).

Note—

A fatigue-regulated bus is a bus that weighs more than 4.5t for the purposes of being regulated under this Law.

fatigue-regulated heavy vehicle has the meaning given by section 7.

fifth wheel coupling means a device (other than an upper rotating element and a kingpin) used with a prime mover, semitrailer or converter dolly to—

(a) permit quick coupling and uncoupling; and

(b) provide for articulation.

film, a thing, includes—

(a) photograph or videotape the thing; and

(b) record an image of the thing in another way.

fit, to drive a heavy vehicle, or to start or stop its engine, for a person, means the person—

(a) is apparently physically and mentally fit to drive the vehicle, or start or stop its engine; and

(b) is not apparently affected by either or both of the following—

(i) alcohol;

(ii) a drug that affects a person’s ability to drive a vehicle; and

(c) is not found to have an alcohol concentration in the person’s blood or breath exceeding the amount permitted, under an Australian road law of this jurisdiction, for the driver of a heavy vehicle; and

(d) is not found to be under the influence of a drug or to have present in the person’s blood or saliva a drug that the driver of a heavy vehicle is not permitted to have present in the driver’s blood or saliva under an Australian road law of this jurisdiction.

freight container means—

(a) a re-usable container of the kind mentioned in AS 3711.1 that is designed for repeated use for transporting goods; or

Note—

AS 3711.1 may be purchased from Standards Australia at .

(b) a re-usable container of the same or a similar design and construction to a container mentioned in paragraph (a) though of different dimensions.

Fund means the National Heavy Vehicle Regulator Fund established under section 687.

garage address, of a heavy vehicle, means—

(a) for a heavy vehicle normally kept at a depot when not in use—the principal depot of the vehicle; or

(b) for a heavy vehicle not normally kept at a depot when not in use—the address of the place of business or residence at which the vehicle is normally kept when not in use.

GCM (gross combination mass), of a motor vehicle, means the total maximum loaded mass of the motor vehicle and any vehicles it may lawfully tow at any given time—

(a) if the registration authority has specified the total maximum loaded mass of the motor vehicle and any vehicles it may lawfully tow at any given time—specified by the registration authority; or

(b) otherwise—stated by the motor vehicle’s manufacturer.

goods—

(a) includes—

(i) animals (whether alive or dead); and

(ii) a container (whether empty or not); but

(b) does not include—

(i) people; or

(ii) fuel, water, lubricants and readily removable equipment required for the normal use of the vehicle or combination in which they are carried; or

(iii) personal items used by the driver of the vehicle or combination, or someone else necessary for the normal use of the vehicle, in which they are carried.

GVM (gross vehicle mass), of a vehicle, means the maximum loaded mass of the vehicle—

(a) if the registration authority has specified the vehicle’s maximum loaded mass—specified by the registration authority; or

(b) otherwise—stated by the vehicle’s manufacturer.

hauling unit means a motor vehicle that forms part of a combination, but does not include a prime mover.

heavy combination means a combination that is a heavy vehicle.

heavy motor vehicle means a motor vehicle that is a heavy vehicle.

heavy trailer means a trailer that is a heavy vehicle.

heavy vehicle has the meaning given by section 6.

heavy vehicle accreditation means—

(a) AFM accreditation; or

(b) BFM accreditation; or

(c) maintenance management accreditation; or

(d) mass management accreditation.

heavy vehicle standards has the meaning given by section 59.

higher mass limits, for the purposes of Chapter 7, has the meaning given by section 403.

hire vehicle means a hire vehicle within the meaning of the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 of New South Wales.

Note—

This definition is inserted for New South Wales.

HML authority, for the purposes of Chapter 7, has the meaning given by section 403.

home address means—

(a) for an individual—the individual’s residential address in Australia; or

(b) for a body corporate with a registered office in Australia—the address of the registered office; or

(c) for another person—the address of the person’s principal or only place of business in Australia.

identification details, for the purposes of Division 6 of Part 9.3, has the meaning given by section 525.

identification plate means a plate approved to be placed on a vehicle, or taken to have been placed on a vehicle, under the Motor Vehicle Standards Act 1989.

impaired by fatigue has the meaning given by section 225.

improvement notice has the meaning given by section 572(2).

in, a vehicle, includes on the vehicle.

indicated, by an official traffic sign, includes—

(a) indicated by way of a direction on an official traffic sign; and

(b) indicated by way of a direction, indication or requirement that, under a law, is prescribed as being given or imposed, because of an official traffic sign.

indictable offence means an offence mentioned in section 26F.

information includes—

(a) information in the form of a printed document; and

Note—

See the definitions printed and document in section 12 of Schedule 1.

(b) information stored electronically.

information notice, for a decision, means a notice stating the following—

(a) the decision;

(b) the reasons for the decision;

(c) the review and appeal information for the decision.

infringement notice means—

(a) an infringement notice issued under section 591; or

(b) an infringement notice, expiation notice, penalty notice or similar notice under the Infringement Notice Offences Law.

Infringement Notice Offences Law, for a participating jurisdiction, means the law that is declared by a law of that jurisdiction to be the Infringement Notice Offences Law for the purposes of this Law.

inspect, a thing, includes—

(a) open the thing and examine its contents; and

(b) test the thing or its contents or both.

intelligent access program agreement, for the purposes of Chapter 7, has the meaning given by section 403.

intelligent access program audit, for the purposes of Chapter 7, has the meaning given by section 403.

intelligent access program auditor means a person engaged by TCA for auditing activities conducted by intelligent access program service providers.

intelligent access program conditions has the meaning given by section 402.

intelligent access program information, for the purposes of Chapter 7, has the meaning given by section 403.

intelligent access map means the spatial data set in electronic form, issued by TCA from time to time, that defines the national public road system.

intelligent access program reporting entity, for the purposes of Chapter 6, has the meaning given by section 221.

intelligent access program service provider has the meaning given by section 403.

intelligent access program vehicle, for the purposes of Chapter 7, has the meaning given by section 403.

intelligent transport system means a system involving the use of electronic or other technology, whether located in a heavy vehicle or on or near a road or elsewhere, that is able to monitor, generate, record, store, display, analyse, transmit or report information about—

(a) any or all of the following—

(i) a heavy vehicle, its equipment or load;

(ii) the driver of a heavy vehicle;

(iii) an operator of a heavy vehicle;

(iv) anyone else involved in road transport using a heavy vehicle; and

(b) without limiting paragraph (a), the compliance or noncompliance with this Law of the use of a heavy vehicle on a road.

investigation purposes means investigating a contravention or suspected contravention of this Law.

journey documentation—

(a) means a document, other than transport documentation, in any form—

(i) directly or indirectly associated with—

(A) a transaction for the actual or proposed road transport of goods or passengers using a heavy vehicle, or for a previous transport of the goods or passengers by any transport method; or

(B) goods or passengers, to the extent the document is relevant to a transaction for their actual or proposed road transport; and

(ii) whether relating to a particular journey or to journeys generally; and

(b) includes, for example, any or all of the following—

(i) a document kept, used or obtained by a responsible person for a heavy vehicle in connection with the transport of goods or passengers;

(ii) a workshop, maintenance or repair record relating to a heavy vehicle used, or claimed to be used, for transporting goods or passengers;

(iii) a subcontractor’s payment advice relating to goods or passengers or their transport;

(iv) records kept, used or obtained by the driver of a heavy vehicle used, or claimed to be used, for transporting goods or passengers;

Examples—

• driver’s run sheet

• work diary entry

• fuel docket or receipt

• food receipt

• tollway receipt

• pay record

• mobile or other telephone record

(v) information reported through the use of an intelligent transport system;

(vi) a driver manual or instruction sheet;

(vii) an advice resulting from check weighing of a heavy vehicle’s mass or load performed before, during or after a journey.

Note—

See the definition document in section 12 of Schedule 1.

law enforcement agency means an agency that has functions or activities directed at the prevention, detection, investigation, prosecution or punishment of offences and other contraventions of a law for which penalties or sanctions may be imposed.

law enforcement purposes, for the purposes of Chapter 7, has the meaning given by section 403.

load, of a heavy vehicle or in a heavy vehicle, means—

(a) all the goods, passengers, drivers and other persons in the vehicle; and

(b) all fuel, water, lubricants and readily removable equipment carried in the vehicle and required for its normal use; and

(c) personal items used by the vehicle’s driver or someone else necessary for the normal use of the vehicle; and

(d) anything that is normally removed from the vehicle when not in use.

load, when used as a verb, and loader—
A person loads goods in a heavy vehicle, and is a loader of goods in a heavy vehicle, if the person is a person who—

(a) loads the vehicle, or any container that is in or part of the vehicle, with the goods for road transport; or

(b) loads the vehicle with a freight container, whether or not it contains goods, for road transport.

loaded mass, of a vehicle, means the vehicle’s mass together with the mass of the vehicle’s load that is transmitted to the ground.

loading manager, for goods in a heavy vehicle, means—

(a) a person who manages, or is responsible for the operation of, regular loading or unloading premises for heavy vehicles where the goods are—

(i) loaded onto the heavy vehicle; or

(ii) unloaded from the heavy vehicle; or

(b) a person who has been assigned by a person mentioned in paragraph (a) as responsible for supervising, managing or controlling, directly or indirectly, activities carried out by a loader or unloader of goods at regular loading or unloading premises for heavy vehicles.

loading requirements has the meaning given by section 110.

local government authority, for a participating jurisdiction, means an entity that is declared by a law of that jurisdiction to be a local government authority for that jurisdiction for the purposes of this Law.

maintenance management accreditation means—

(a) maintenance management accreditation granted under section 458; or

(b) accreditation of a similar kind under another law of a participating jurisdiction.

maintenance management standards and business rules, for the purposes of Chapter 8, has the meaning given by section 457.

maintenance management system, for the purposes of Chapter 8, has the meaning given by section 457.

major defect notice means a notice complying with the requirements for a major defect notice under section 527.

major rest break, for the purposes of Chapter 6, has the meaning given by section 221.

malfunction—

(a) for the purposes of Chapter 6, has the meaning given by section 221; and

(b) for the purposes of Chapter 7, has the meaning given by section 403.

management member, of an unincorporated body, means—

(a) if the body has a management committee—each member of the management committee; or

(b) otherwise—each member who is concerned with, or takes part in, the body’s management, whatever name is given to the member’s position in the body.

mass, dimension or loading requirement means a mass requirement, dimension requirement or loading requirement.

mass management accreditation means—

(a) mass management accreditation granted under section 458; or

(b) accreditation of a similar kind under another law of a participating jurisdiction.

mass management standards and business rules, for the purposes of Chapter 8, has the meaning given by section 457.

mass management system, for the purposes of Chapter 8, has the meaning given by section 457.

mass or dimension authority means—

(a) a mass or dimension exemption; or

(b) a class 2 heavy vehicle authorisation.

mass or dimension exemption means—

(a) a mass or dimension exemption (notice); or

(b) a mass or dimension exemption (permit).

mass or dimension exemption (notice) has the meaning given by section 117(2).

mass or dimension exemption (permit) has the meaning given by section 122(3).

mass requirement means—

(a) a prescribed mass requirement (under section 95); or

(b) a requirement as to a mass limit relating to a heavy vehicle under a condition to which a mass or dimension authority is subject (where the mass limit is lower than the relevant prescribed mass requirement); or

(c) a requirement as to a mass limit under a PBS vehicle approval; or

(d) a requirement as to a mass limit indicated by an official traffic sign; or

Note—

See the definitions indicated and official traffic sign.

(e) a requirement as to a mass limit under the GVM or GCM for a heavy vehicle; or

(f) a requirement as to a mass limit for a component vehicle as stated by the manufacturer or as prescribed by a heavy vehicle standard.

maximum work requirement means a requirement of Chapter 6 relating to a maximum work time for the driver of a fatigue-regulated heavy vehicle.

maximum work time means the maximum time the driver of a fatigue-regulated heavy vehicle may drive a fatigue-regulated heavy vehicle, or otherwise work, without taking a rest.

minimum rest requirement means a requirement of Chapter 6 relating to the minimum rest time for the driver of a fatigue-regulated heavy vehicle.

minimum rest time means the minimum time the driver of a fatigue-regulated heavy vehicle must rest in order to break up the period of time the driver drives a fatigue-regulated heavy vehicle or otherwise works.

minor defect notice means a notice complying with the requirements for a minor defect notice under section 527.

minor risk breach—

(a) for a mass requirement—has the meaning given by section 98; or

(b) for a dimension requirement—has the meaning given by section 105; or

(c) for a loading requirement—has the meaning given by section 112; or

(d) for a maximum work requirement or minimum rest requirement—has the meaning given by section 222(1).

modification, for the purposes of Part 3.3, has the meaning given by section 84.

monitoring purposes means finding out whether this Law is being complied with.

motor vehicle means a vehicle built to be propelled by a motor that forms part of the vehicle.

Motor Vehicle Standards Act 1989 means the repealed Motor Vehicle Standards Act 1989 of the Commonwealth as in force before its repeal.

national regulations means the regulations made under section 730.

National Transport Commission means the National Transport Commission established by the National Transport Commission Act 2003 of the Commonwealth.

night means the period between sunset on a day and sunrise on the next day.

night rest break means—

(a) 7 continuous hours stationary rest time between 10p.m. on a day and 8a.m. on the next day; or

Note—

Under sections 248 and 303, the time must be based on the time zone of the driver’s base for drivers on a journey in a different time zone to the driver’s base.

(b) 24 continuous hours stationary rest time.

night work time, for the purposes of Chapter 6, has the meaning given by section 221.

noncompliance report, for the purposes of Chapter 7, has the meaning given by section 403.

non-participating jurisdiction, for the purposes of Chapter 6, has the meaning given by section 221.

notice—

(a) means written notice; and

(b) for the purposes of Division 5B of Part 9.4, has the meaning given by section 576D.

occupier, of a place, includes the following—

(a) if there is more than 1 person who apparently occupies the place—any 1 of the persons;

(b) any person at the place who is apparently acting with the authority of a person who apparently occupies the place;

(c) if no-one apparently occupies the place—any person who is an owner of the place.

official means any of the following persons exercising a function under this Law—

(a) the Regulator;

(b) a road authority;

(c) an authorised officer.

official traffic sign means a sign or device erected or placed, under a law, by a public authority (including, for example, a police force or police service) to regulate traffic.

operate and operator—
A person operates a vehicle or combination, and is an operator of the vehicle or combination, if the person is responsible for controlling or directing the use of—

(a) for a vehicle (including a vehicle in a combination)—the vehicle; or

(b) for a combination—the towing vehicle in the combination.

oversize vehicle means a heavy vehicle that does not comply with a dimension requirement applying to it.

owner—

(a) of a vehicle means—

(i) each person who is an owner, joint owner or part owner of the vehicle; or

(ii) a person who has the use or control of the vehicle under a credit agreement, hiring agreement, hire-purchase agreement or leasing arrangement; or

(b) of a combination means—

(i) each person who is an owner, joint owner or part owner of the towing vehicle in the combination; or

(ii) a person who has the use or control of the towing vehicle in the combination under a credit agreement, hiring agreement, hire-purchase agreement or leasing arrangement; or

(c) of a sample means an owner of the sample or the thing from which it was taken.

pack and packer—
A person packs goods, and is a packer of goods, if the person—

(a) puts the goods in packaging, even if that packaging is already on a vehicle; or

Example for the purposes of paragraph (a)—

A person who uses a hose to fill the tank of a tank vehicle with petrol packs the petrol for transport.

(b) assembles the goods as packaged goods in an outer packaging, even if that packaging is already on a vehicle; or

(c) supervises an activity mentioned in paragraph (a) or (b); or

(d) manages or controls an activity mentioned in paragraph (a), (b) or (c).

packaging, in relation to goods, means anything that contains, holds, protects or encloses the goods, whether directly or indirectly, to enable them to be received or held for transport, or to be transported.

Note—

It may be that a container constitutes the whole of the packaging of goods, as in the case of a drum in which goods are directly placed.

participating jurisdiction—

(a) for the purposes of this Law other than Chapter 6—means a State or Territory in which—

(i) this Law applies as a law of the State or Territory; or

(ii) a law that substantially corresponds to the provisions of this Law has been enacted; or

(iii) a law prescribed by the national regulations for the purposes of this subparagraph has been enacted; or

(b) for the purposes of Chapter 6—has the meaning given by section 221.

party in the chain of responsibility, for a heavy vehicle, means each of the following persons—

(a) if the vehicle’s driver is an employed driver—an employer of the driver;

(b) if the vehicle’s driver is a self-employed driver—a prime contractor for the driver;

(c) an operator of the vehicle;

(d) a scheduler for the vehicle;

(e) a consignor of any goods in the vehicle;

(f) a consignee of any goods in the vehicle;

(g) a packer of any goods in the vehicle;

(h) a loading manager for any goods in the vehicle;

(i) a loader of any goods in the vehicle;

(j) an unloader of any goods in the vehicle.

passenger, of a vehicle, means any person carried in the vehicle other than the vehicle’s driver or someone else necessary for the normal use of the vehicle.

PBS design approval means a current approval given under section 22 for the design of a type of heavy vehicle that, if built to the design, is eligible for PBS vehicle approval.

Note—

‘PBS’ stands for performance based standards.

PBS Review Panel means an advisory body appointed by the Regulator to provide expert advice in the assessment of applications for PBS design approvals or PBS vehicle approvals and of their impacts.

Note—

The membership of the PBS Review Panel consists of one representative of each State and Territory, an independent Chairperson and an independent Deputy Chairperson. The Commonwealth may, if it decides to do so, nominate a representative of the Commonwealth. The procedure of the Panel is as determined by the Regulator.

PBS vehicle means a heavy vehicle that is the subject of a current PBS vehicle approval under Part 1.4.

PBS vehicle approval means a current approval issued for a heavy vehicle by the Regulator under section 23.

personal information—

(a) generally, means information or an opinion, including information or an opinion forming part of a database, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be found out, from the information or opinion; and

(b) for the purposes of Chapter 7, has the meaning given by section 403.

pig trailer means a trailer—

(a) with 1 axle group or a single axle near the middle of its load carrying surface; and

(b) connected to the towing vehicle by a drawbar.

pilot vehicle means a motor vehicle that accompanies an oversize vehicle to warn other road users of the oversize vehicle’s presence.

place of business, for the purposes of Part 9.2, has the meaning given by section 494.

pole-type trailer means a trailer that—

(a) is attached to a towing vehicle by a pole or an attachment fitted to a pole; and

(b) is ordinarily used for transporting loads, such as logs, pipes, structural members, or other long objects, that can generally support themselves like beams between supports.

Pole-type trailer

police commissioner means the head of the police force or police service (however called) of a participating jurisdiction.

premises—

(a) means a building or other structure, a vessel, or another place (whether built on or not)—

(i) from which a business is carried out; or

(ii) at or from which goods are loaded onto or unloaded from vehicles; and

(b) includes a part of a building, structure, vessel or place mentioned in paragraph (a).

prescribed dimension requirement means a requirement prescribed by the national regulations under section 101.

prescribed fee means a fee prescribed by the national regulations under section 740(1).

prescribed mass requirement means a requirement prescribed by the national regulations under section 95.

previous corresponding law—

1 A previous corresponding law is a law of a participating jurisdiction that, before the participation day for the jurisdiction, provided for the same, or substantially the same, matters as the provisions of this Law.

2 A previous corresponding law for a provision of this Law is a provision of a previous corresponding law within the meaning of paragraph 1 that corresponds, or substantially corresponds, to the provision of this Law.

3 For the purposes of paragraph 1, it is irrelevant whether the law of the participating jurisdiction—

(a) is in 1 instrument or 2 or more instruments; or

(b) is part of an instrument; or

(c) is part of an instrument and the whole or part of 1 or more other instruments.

prime contractor, of the driver of a heavy vehicle, means a person who engages the driver to drive the vehicle under a contract for services.

Example—

a logistics business that engages a subcontractor to transport goods.

prime mover means a heavy motor vehicle designed to tow a semitrailer.

prohibition notice has the meaning given by section 576A(3).

prohibition order has the meaning given by section 607(1).

promisee see section 590A.

protected information, for the purposes of Part 13.4, has the meaning given by section 727.

public authority means—

(a) a State or Territory or the Commonwealth, in any capacity; or

(b) a body established under a law, or the holder of an office established under a law, for a public purpose, including a local government authority.

public notice means a notice—

(a) in the Commonwealth Gazette; and

(b) on the Regulator’s website; and

(c) if the Regulator considers it appropriate—in another way, including, for example, in a national newspaper.

public passenger service means a public passenger service within the meaning of the Passenger Transport Act 1990 of New South Wales.

Note—

This definition is inserted for New South Wales.

public place means a place or part of a place—

(a) that the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or

(b) the occupier of which allows members of the public to enter, whether or not on payment of money.

public risk means—

(a) a safety risk; or

(b) a risk of damage to road infrastructure.

public safety means the safety of persons or property, including the safety of—

(a) the drivers of, and passengers and other persons in, vehicles and combinations; and

(b) persons or property in or in the vicinity of, or likely to be in or in the vicinity of, road infrastructure and public places; and

(c) vehicles and combinations and any loads in them.

public safety ground, for a reviewable decision, has the meaning given by section 640.

quad-axle group means a group of 4 axles, in which the horizontal distance between the centre-lines of the outermost axles is more than 3.2m but not more than 4.9m.

qualified, to drive a heavy vehicle, or to start or stop its engine, for a person, means the person—

(a) holds a driver licence of the appropriate class to drive the vehicle that is not suspended; and

(b) is not prevented under a law, including, for example, by the conditions of the driver licence, from driving the vehicle at the relevant time.

Queensland Minister means the responsible Minister for Queensland.

reasonably believes means believes on grounds that are reasonable in the circumstances.

reasonably practicable, in relation to a duty, means that which is, or was at a particular time, reasonably able to be done in relation to the duty, weighing up all relevant matters, including—

(a) the likelihood of a safety risk, or damage to road infrastructure, happening; and

(b) the harm that could result from the risk or damage; and

(c) what the person knows, or ought reasonably to know, about the risk or damage; and

(d) what the person knows, or ought reasonably to know, about the ways of—

(i) removing or minimising the risk; or

(ii) preventing or minimising the damage; and

(e) the availability and suitability of those ways; and

(f) the cost associated with the available ways, including whether the cost is grossly disproportionate to the likelihood of the risk or damage.

reasonably satisfied means satisfied on grounds that are reasonable in the circumstances.

reasonably suspects means suspects on grounds that are reasonable in the circumstances.

record keeper has the meaning given by section 317.

record location, of the driver of a fatigue-regulated heavy vehicle, for the purposes of Chapter 6, has the meaning given by section 290.

registered industry code of practice means an industry code of practice registered under section 706.

registered interest means an interest registered under the Personal Property Securities Act 2009 of the Commonwealth by a secured party for which the thing or sample is collateral.

registered operator, of a heavy vehicle, means the person recorded on a vehicle register as the person responsible for the vehicle, however named, kept under another Australian road law.

registration, of a heavy vehicle, means registration of the vehicle under an Australian road law.

registration authority, for a heavy vehicle, means the authority responsible for the registration of the vehicle under an Australian road law.

registration item means a document, number plate, label or other thing relating to the registration or purported registration of a heavy vehicle.

Note—

See the definition document in section 12 of Schedule 1.

registration number, for a heavy vehicle, means the identifying registration number, however described, given to the vehicle under an Australian road law.

regular loading or unloading premises—

1 Regular loading or unloading premises, for heavy vehicles, means premises at or from which an average of at least 5 heavy vehicles are loaded or unloaded on each day the premises are operated for loading or unloading heavy vehicles.

2 For the purposes of paragraph 1, an average of at least 5 heavy vehicles are loaded or unloaded at or from premises on each day the premises are operated for loading or unloading heavy vehicles if—

(a) for premises operated for loading or unloading heavy vehicles for 12 months or more—during the previous 12 months, an average of at least 5 heavy vehicles were loaded or unloaded at or from the premises on each day the premises were operated for loading or unloading heavy vehicles; or

(b) for premises operated for loading or unloading heavy vehicles for less than 12 months—during the period the premises have been in operation for loading or unloading heavy vehicles, an average of at least 5 heavy vehicles were loaded or unloaded at or from the premises on each day the premises were operated for loading or unloading heavy vehicles.

3 In the application of this definition to the definition loading manager where used in Chapter 6, references in paragraphs 1 and 2 to ‘an average of at least 5 heavy vehicles’ are to be read as references to an average of at least 5 fatigue-regulated heavy vehicles.

Note—

Consequently, Chapter 6 applies to a person as a loading manager only if the premises concerned are premises at or from which an average of at least 5 fatigue-regulated heavy vehicles are loaded or unloaded on each day the premises are operated for loading or unloading heavy vehicles.

Regulator means the National Heavy Vehicle Regulator established under section 656.

Regulator’s website means the website of the Regulator on the internet.

relevant appeal body, for the purposes of Chapter 11, has the meaning given by section 640.

relevant contravention, for the purposes of Chapter 7, has the meaning given by section 403.

relevant emission, for a heavy vehicle, means noise emission, gaseous emission or particle emission emanating from the vehicle.

relevant garage address, of a heavy vehicle, means—

(a) the heavy vehicle’s garage address; or

(b) if the heavy vehicle is a combination—the garage address of the towing vehicle in the combination.

relevant jurisdiction, for the purposes of Chapter 11, has the meaning given by section 640.

relevant management system, for the purposes of Chapter 8, has the meaning given by section 457.

relevant monitoring matters, for the purposes of Chapter 7, has the meaning given by section 403.

relevant place, for the purposes of Part 9.2, has the meaning given by section 494.

relevant police commissioner, in relation to a police officer, means the police commissioner for the police force or police service (however called) of which the police officer is a member.

relevant road manager, for a mass or dimension authority, means a road manager for a road in the area, or on the route, to which the authority applies.

relevant standards and business rules, for the purposes of Chapter 8, has the meaning given by section 457.

relevant tribunal or court, for a participating jurisdiction, means a tribunal or court that is declared by a law of that jurisdiction to be the relevant tribunal or court for that jurisdiction for the purposes of this Law.

residence, for the purposes of Part 9.2, has the meaning given by section 494(1).

responsible entity, for a freight container, means—

(a) the person who, in Australia, consigned the container for road transport using a heavy vehicle; or

(b) if there is no person as described in paragraph (a)—the person who, in Australia, for a consignor, arranged for the container’s road transport using a heavy vehicle; or

(c) if there is no person as described in paragraph (a) or (b)—the person who, in Australia, physically offered the container for road transport using a heavy vehicle.

responsible Minister, for a participating jurisdiction, means the Minister of that jurisdiction nominated by it as its responsible Minister for the purposes of this Law.

responsible Ministers means a group of Ministers consisting of—

(a) the responsible Minister for each participating jurisdiction; and

(b) the Commonwealth responsible Minister.

Note—

See also section 655(3).

responsible person, for a heavy vehicle, means a person having, at a relevant time, a role or responsibility associated with road transport using the vehicle, and includes any of the following—

(a) an owner of the vehicle or, if it is a combination, an owner of a heavy vehicle forming part of the combination;

(b) the vehicle’s driver;

(c) an operator or registered operator of the vehicle or, if it is a combination, an operator or registered operator of a heavy vehicle forming part of the combination;

(d) a person in charge or apparently in charge of—

(i) the vehicle; or

(ii) the vehicle’s garage address or, if it is a combination, the garage address of a heavy vehicle forming part of the combination; or

(iii) a base of the vehicle’s driver;

(e) a person appointed under a heavy vehicle accreditation to have monitoring or other responsibilities under the accreditation, including, for example, responsibilities for certifying, monitoring or approving the use of heavy vehicles under the accreditation;

(f) a person who provides to an owner or registered operator of the vehicle or, if it is a combination, an owner or registered operator of a heavy vehicle forming part of the combination, an intelligent transport system for the vehicle;

(g) a person in charge of a place entered by an authorised officer under this Law for the purpose of exercising a power under this Law;

(h) a consignor of goods for road transport;

(i) a packer of goods in a freight container or other container or in a package or on a pallet for road transport;

(j) a person who loads goods or a container for road transport;

(k) a person who unloads goods or a container containing goods consigned for road transport;

(l) a person to whom goods are consigned for road transport;

(m) a person who receives goods packed outside Australia in a freight container or other container or on a pallet for road transport in Australia;

(n) an owner or operator of a weighbridge or weighing facility used to weigh the vehicle, or an occupier of the place where the weighbridge or weighing facility is located;

(o) a responsible entity for a freight container on the vehicle;

(p) a loading manager for goods in heavy vehicles for road transport or another person who controls or directly influences the loading of goods for road transport;

(q) a scheduler for the vehicle;

(r) an employer, employee, agent or subcontractor of a person mentioned in any of paragraphs (a) to (q).

rest, in relation to a fatigue-regulated heavy vehicle, has the meaning given by section 221.

rest time, for the purposes of Chapter 6, has the meaning given by section 221.

review and appeal information—

(a) for a decision made by the Regulator or an authorised officer who is not a police officer, means the following information—

(i) that, under section 641, a dissatisfied person for the decision may ask for the decision to be reviewed by the Regulator;

(ii) that, under section 642, the person may apply for the decision to be stayed by a relevant tribunal or court unless the decision was made by the Regulator on the basis of a public safety ground;

(iii) that, in relation to the Regulator’s decision on the review, the person may—

(A) under section 647, appeal against the decision to a relevant tribunal or court; and

(B) under section 648, apply for the decision to be stayed by a relevant tribunal or court unless the reviewable decision to which the review decision relates was made by the Regulator on the basis of a public safety ground; and

(b) for a decision made by a road manager (for a road) that is a public authority, means the following information—

(i) that, under section 641, a dissatisfied person for the decision may apply to the Regulator to have the decision reviewed;

(ii) that, under section 643, the Regulator must refer the application to the road manager for review;

(iii) that the decision of the road manager on the review is not subject to further review or appeal under this Law; and

(c) for a decision made by an authorised officer who is a police officer, or a road manager (for a road) that is not a public authority, means that the decision is not subject to review or appeal under this Law.

review application, for the purposes of Chapter 11, has the meaning given by section 640.

review decision, for the purposes of Chapter 11, has the meaning given by section 640.

reviewable decision has the meaning given by section 640.

reviewer, for the purposes of Chapter 11, has the meaning given by section 640.

rigid, other than in the definition articulated bus, means not articulated.

risk category—

(a) for a contravention of a mass, dimension or loading requirement, means 1 of the following categories—

(i) minor risk breach;

(ii) substantial risk breach;

(iii) severe risk breach; or

(b) for a contravention of a maximum work requirement or minimum rest requirement, means 1 of the following categories—

(i) minor risk breach;

(ii) substantial risk breach;

(iii) severe risk breach;

(iv) critical risk breach.

road has the meaning given by section 8.

Note—

See also section 13.

road authority, for a participating jurisdiction, means an entity that is declared by a law of that jurisdiction to be the road authority for that jurisdiction for the purposes of this Law.

road condition has the meaning given by section 154.

road infrastructure includes—

(a) a road, including its surface or pavement; and

(b) anything under or supporting a road or its surface or pavement; and

(c) any bridge, tunnel, causeway, road-ferry, ford or other work or structure forming part of a road system or supporting a road; and

(d) any bridge or other work or structure located above, in or on a road; and

(e) any traffic control devices, railway equipment, electricity equipment, emergency telephone systems or any other facilities (whether of the same or a different kind) in, on, over, under or connected with anything mentioned in paragraphs (a) to (d).

road manager, for a road in a participating jurisdiction, means an entity that is declared by a law of that jurisdiction to be the road manager for the road for the purposes of this Law.

road-related area has the meaning given by section 8.

Road Rules, for a participating jurisdiction, means the law that is declared by a law of that jurisdiction to be the Road Rules for the purposes of this Law.

road train means—

(a) a B-triple; or

(b) a combination, other than a B-double, consisting of a motor vehicle towing at least 2 trailers, excluding any converter dolly supporting a semitrailer.

Typical triple road train

road transport means transport by road.

Road Vehicle Standards Act 2018 means the Road Vehicle Standards Act 2018 of the Commonwealth.

route assessment, for the purposes of Part 4.7, has the meaning given by section 154.

safer freight vehicle has the meaning given by section 153A(2).

safety duty means a duty imposed under any of the following provisions—

(a) section 26C;

(b) section 26E(1) or (2);

(c) section 89(1);

(d) section 93(1), (2) or (3);

(e) section 129(1), (2) or (3);

(f) section 137;

(g) section 150(1);

(h) section 153A(1);

(i) section 186(2), (3), (4) or (5);

(j) section 187(2) or (3);

(k) section 335(1);

(l) section 336(1);

(m) section 337(2);

(n) section 454(1) or (2);

(o) section 467;

(p) section 470(2), (3) or (4);

(q) section 604;

(r) section 610.

safety risk means a risk—

(a) to public safety; or

(b) of harm to the environment.

schedule, for the driver of a heavy vehicle, means—

(a) the schedule for the transport of any goods or passengers by the vehicle; or

(b) the schedule of the driver’s work times and rest times.

scheduler, for a heavy vehicle, means a person who—

(a) schedules the transport of any goods or passengers by the vehicle; or

(b) schedules the work times and rest times of the vehicle’s driver.

second edition ADR means an ADR incorporated in the document described as the ‘Australian Design Rules for Motor Vehicle Safety, Second Edition’ originally published by the former Commonwealth Department of Transport.

self-clearing defect notice means a notice complying with the requirements for a self-clearing defect notice under section 527.

self-employed driver, of a heavy vehicle, means a driver of the vehicle who is not an employed driver of the vehicle.

semitrailer means a trailer that has—

(a) 1 axle group or a single axle towards the rear; and

(b) a means of attachment to a prime mover that results in some of the mass of the trailer’s load being imposed on the prime mover.

severe risk breach—

(a) for a mass requirement—has the meaning given by section 100; or

(b) for a dimension requirement—has the meaning given by section 107; or

(c) for a loading requirement—has the meaning given by section 114; or

(d) for a maximum work requirement or minimum rest requirement—has the meaning given by section 222(3).

severe risk breach lower limit—

(a) for the purposes of Division 2 of Part 4.2, has the meaning given by section 97; or

(b) for the purposes of Division 2 of Part 4.3, has the meaning given by section 104.

sign of fatigue, for the purposes of Chapter 6, has the meaning given by section 221.

single axle means—

(a) 1 axle; or

(b) 2 axles with centres between transverse, parallel, vertical planes spaced less than 1.0m apart.

solo driver, for the purposes of Chapter 6, has the meaning given by section 221.

speed limit means—

(a) a speed limit applying under this Law, the Road Rules or another law; and

(b) when used in the context of a speed limit applying to the driver of a heavy vehicle—a speed limit applying to the driver or the vehicle (or both) under this Law, the Road Rules or another law (whether it applies specifically to the particular driver or the particular vehicle or it applies to all drivers or vehicles or to a class of drivers or vehicles to which the driver or vehicle belongs).

Note—

A reference to a speed limit applying under this Law, the Road Rules or another law covers both—

• a speed limit specified in this Law, the Road Rules or other law

• a speed limit specified in an instrument, or in some other manner, under this Law, the Road Rules or other law (for example, a speed limit specified in a permit or a Commonwealth Gazette notice)

standard hours, for the purposes of Chapter 6, has the meaning given by section 249.

Standards Australia means Standards Australia Limited CAN 087 326 690, and includes a reference to the Standards Association of Australia as constituted before 1 July 1999.

stationary rest time has the meaning given by section 221.

substantial risk breach—

(a) for a mass requirement—has the meaning given by section 99; or

(b) for a dimension requirement—has the meaning given by section 106; or

(c) for a loading requirement—has the meaning given by section 113; or

(d) for a maximum work requirement or minimum rest requirement—has the meaning given by section 222(2).

substantial risk breach lower limit—

(a) for the purposes of Division 2 of Part 4.2, has the meaning given by section 97; or

(b) for the purposes of Division 2 of Part 4.3, has the meaning given by section 104.

suitable rest place, for fatigue-regulated heavy vehicles, means—

(a) a rest area designated for use, and able to be used, by fatigue-regulated heavy vehicles; or

(b) a place at which a fatigue-regulated heavy vehicle may be safely and lawfully parked.

supervisory intervention order has the meaning given by section 600(1).

supplementary record, for the purposes of Chapter 6, has the meaning given by section 221.

tamper—

(a) with an emission control system, for the purposes of section 91, has the meaning given by that section; or

(b) with a plate or label, for the purposes of section 87A, has the meaning given by that section; or

(c) with a speed limiter, for the purposes of section 93, has the meaning given by that section; or

(d) with an approved electronic recording system, for the purposes of Chapter 6, has the meaning given by section 334; or

(e) with an approved intelligent transport system, for the purposes of Chapter 7, has the meaning given by section 403.

tandem axle group means a group of at least 2 axles, in which the horizontal distance between the centre-lines of the outermost axles is at least 1m but not more than 2m.

TCA means Transport Certification Australia Limited ACN 113 379 936.

Territory means the Australian Capital Territory or the Northern Territory.

TfNSW means Transport for NSW constituted under the Transport Administration Act 1988.

Note—

This definition is inserted for New South Wales pending the commencement of the national scheme for the registration of heavy vehicles under this Law.

the State means the Crown in right of this jurisdiction, and includes—

(a) the Government of this jurisdiction; and

(b) a Minister of the Crown in right of this jurisdiction; and

(c) a statutory corporation, or other entity, representing the Crown in right of this jurisdiction.

third edition ADR means—

(a) a national standard under section 7 of the Motor Vehicle Standards Act 1989; or

(b) a national road vehicle standard under section 12 of the Road Vehicle Standards Act 2018.

third party insurance legislation means—

(a) legislation about compensation for third parties who are injured or killed by the use of motor vehicles or trailers; or

(b) legislation about payment of contributions towards compensation of that kind; or

(c) legislation requiring public liability insurance.

this jurisdiction—see the law of each participating jurisdiction for the meaning of this term.

this Law means—

(a) this Law as it applies as a law of a participating jurisdiction; or

(b) a law of a participating jurisdiction that—

(i) substantially corresponds to the provisions of this Law; or

(ii) is prescribed by the national regulations for the purposes of paragraph (a)(iii) of the definition participating jurisdiction.

Note—

See also section 11.

tow truck means—

(a) a heavy motor vehicle that is—

(i) equipped with a crane, winch, ramp or other lifting device; and

(ii) used or intended to be used for the towing of motor vehicles; or

(b) a heavy motor vehicle to which is attached, temporarily or otherwise, a trailer or device that is—

(i) equipped with a crane, winch, ramp or other lifting device; and

(ii) used or intended to be used for the towing of motor vehicles.

tractor means a motor vehicle used for towing purposes, other than—

(a) a motor vehicle designed to carry goods or passengers; or

(b) a tow truck.

traffic includes vehicular traffic, pedestrian traffic and all other forms of road traffic.

trailer means a vehicle that is built to be towed, or is towed, by a motor vehicle, but does not include a motor vehicle being towed.

transport activities means activities, including business practices and making decisions, associated with the use of a heavy vehicle on a road, including, for example—

(a) contracting, directing or employing a person—

(i) to drive the vehicle; or

(ii) to carry out another activity associated with the use of the vehicle (such as maintaining or repairing the vehicle); or

(b) consigning goods for transport using the vehicle; or

(c) scheduling the transport of goods or passengers using the vehicle; or

(d) packing goods for transport using the vehicle; or

(e) managing the loading of goods onto or unloading of goods from the vehicle; or

(f) loading goods onto or unloading goods from the vehicle; or

(g) receiving goods unloaded from the vehicle.

transport documentation means each of the following—

(a) each contractual document directly or indirectly associated with—

(i) a transaction for the actual or proposed road transport of goods or passengers or any previous transport of the goods or passengers by any transport method; or

(ii) goods or passengers, to the extent the document is relevant to the transaction for their actual or proposed road transport;

(b) each document—

(i) contemplated in a contractual document mentioned in paragraph (a); or

(ii) required by law, or customarily given, in connection with a contractual document or transaction mentioned in paragraph (a).

Examples—

• bill of lading

• consignment note

• container weight declaration

• contract of carriage

• delivery order

• export receival advice

• invoice

• load manifest

• sea carriage document

• vendor declaration

Note—

See the definition document in section 12 of Schedule 1.

travel condition has the meaning given by section 154.

tri-axle group means a group of at least 3 axles, in which the horizontal distance between the centre-lines of the outermost axles is more than 2m but not more than 3.2m.

truck means a rigid motor vehicle built mainly as a load carrying vehicle.

twinsteer axle group means a group of 2 axles—

(a) with single tyres; and

(b) fitted to a motor vehicle; and

(c) connected to the same steering mechanism; and

(d) the horizontal distance between the centre-lines of which is at least 1m but not more than 2m.

two-up driving arrangement, for the purposes of Chapter 6, has the meaning given by section 221.

unattended, for a heavy vehicle, for the purposes of Division 3 of Part 9.3, has the meaning given by section 515.

under, for a law or a provision of a law, includes—

(a) by; and

(b) for the purposes of; and

(c) in accordance with; and

(d) within the meaning of.

unincorporated body includes an unincorporated local government authority, but does not include an unincorporated partnership.

unincorporated local government authority means a local government authority that is not a body corporate.

unload and unloader—
A person unloads goods in a heavy vehicle, and is an unloader of goods in a heavy vehicle, if the person is a person who—

(a) unloads from the vehicle, or any container that is in or part of the vehicle, goods that have been transported by road; or

(b) unloads from the vehicle a freight container, whether or not it contains goods, that has been transported by road.

unregistered heavy vehicle means a heavy vehicle that is not registered.

unregistered heavy vehicle permit means a permit granted or issued under an Australian road law authorising the use of an unregistered heavy vehicle on a road.

use, a heavy vehicle on a road, includes standing the vehicle on the road.

vehicle condition has the meaning given by section 154.

vehicle defect notice means a major defect notice, minor defect notice or self-clearing defect notice.

vehicle identifier, for the purposes of Division 6 of Part 9.3, has the meaning given by section 525.

vehicle standards exemption means—

(a) vehicle standards exemption (notice); or

(b) vehicle standards exemption (permit).

vehicle standards exemption (notice) has the meaning given by section 61(2).

vehicle standards exemption (permit) has the meaning given by section 68(2).

VIN (vehicle identification number), for a heavy vehicle, means—

(a) for a heavy vehicle built before 1 January 1989 that has an identification plate, the number quoted on the vehicle’s identification plate that—

(i) uniquely identifies the vehicle and sets it apart from similar vehicles; and

(ii) corresponds to the identification number of the vehicle that is permanently recorded elsewhere on the vehicle; or

(b) for a heavy vehicle built on or after 1 January 1989 that was given an approval under the Motor Vehicle Standards Act 1989 or is given an approval under the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 of the Commonwealth, the unique vehicle identification number assigned to the vehicle—

(i) at the time the vehicle was manufactured, in accordance with a third edition ADR; or

(ii) by the department of government of the Commonwealth in which the Motor Vehicle Standards Act 1989 was previously administered; or

(c) otherwise, the unique number assigned to the heavy vehicle—

(i) at the time the vehicle was manufactured, in accordance with an ADR that is a national road vehicle standard under section 12 of the Road Vehicle Standards Act 2018; or

(ii) by the department of government of the Commonwealth in which the Road Vehicle Standards Act 2018 is administered.

work, in relation to a fatigue-regulated heavy vehicle, has the meaning given by section 221.

work and rest change, for the purposes of Chapter 6, has the meaning given by section 221.

work and rest hours exemption means—

(a) a work and rest hours exemption (notice); or

(b) a work and rest hours exemption (permit).

work and rest hours exemption (notice) has the meaning given by section 266(2).

work and rest hours exemption (permit) has the meaning given by section 273(2).

work and rest hours option, for the purposes of Chapter 6, has the meaning given by section 243.

work diary, for the purposes of Chapter 6, has the meaning given by section 221.

work diary exemption means—

(a) a work diary exemption (notice); or

(b) a work diary exemption (permit).

work diary exemption (notice) has the meaning given by section 357(2).

work diary exemption (permit) has the meaning given by section 363(2).

work record, for the purposes of Chapter 6, has the meaning given by section 221.

work time, for the purposes of Chapter 6, has the meaning given by section 221.

written work diary, for the purposes of Chapter 6, has the meaning given by section 221.

s 5: Am 2015 No 12, sec 4; 2016 No 65, secs 7, 117, 139; 2017 No 63, Sch 4.21 [1]; 2018 No 10, sec 14; 2018 (354), Sch 1 [1] [2]; 2018 No 18, sec 6; 2019 No 29, secs 4, 7; 2020 No 30, Sch 4.27[5]; 2024 No 2, sec 8B.

6 Meaning of heavy vehicle

6 Meaning of heavy vehicle

(1) For the purposes of this Law, a vehicle is a heavy vehicle if it has a GVM or ATM of more than 4.5t.

(2) Also, for the purposes of this Law, a combination that includes a vehicle with a GVM or ATM of more than 4.5t is a heavy vehicle.

(3) However, rolling stock is not a heavy vehicle for the purposes of this Law.

(4) In this section—

rolling stock—

1 Rolling stock is a vehicle designed to operate or move on a railway track and includes a locomotive, carriage, rail car, rail motor, light rail vehicle, tram, light inspection vehicle, self-propelled infrastructure maintenance vehicle, trolley, wagon or monorail vehicle.

2 A vehicle designed to operate both on and off a railway track is rolling stock when the vehicle is being—

(a) operated or moved on a railway track; or

(b) maintained, repaired or modified in relation to the operation or movement of the vehicle on a railway track.

s 6: Am 2018 No 10, sec 15; 2018 (354), Sch 1 [1].

7 Meaning of fatigue-regulated heavy vehicle

7 Meaning of fatigue-regulated heavy vehicle

(1) For the purposes of this Law, a heavy vehicle is a fatigue-regulated heavy vehicle if it is any of the following—

(a) a motor vehicle with a GVM of more than 12t;

(b) a combination with a GVM of more than 12t;

(c) a fatigue-regulated bus.

(2) However, subject to subsection (3), a heavy vehicle is not a fatigue-regulated heavy vehicle for the purposes of this Law if it is any of the following—

(a) a motor vehicle that—

(i) is built, or has been modified, to operate primarily as a machine or implement off-road, on a road-related area, or on an area of road that is under construction; and

(ii) is not capable of carrying goods or passengers by road;

Examples for the purposes of paragraph (a)—

agricultural machine, backhoe, bulldozer, excavator, forklift, front-end loader, grader, motor vehicle registered under an Australian road law as a special purpose vehicle (type p)

(b) a motorhome.

(3) For the purposes of this Law, a truck, or a combination including a truck, that has a machine or implement attached to it is a fatigue-regulated heavy vehicle—

(a) if the GVM of the truck or combination with the attached machine or implement is more than 12t; and

(b) whether or not the truck or combination has been built or modified primarily to operate as a machine or implement off-road, on a road-related area, or on an area of road that is under construction.

Example for the purposes of subsection (3)—

a truck to which a crane or drilling rig is attached

(4) For the purposes of subsection (2)(b), a motorhome—

(a) is a rigid or articulated motor vehicle or combination that is built, or has been modified, primarily for residential purposes; and

(b) does not include a motor vehicle that is merely a motor vehicle constructed with a sleeper berth.

(5) For the purposes of this section, the GVM of a combination is the total of the GVMs of the vehicles in the combination.

8 Meaning of road and road-related area

8 Meaning of road and road-related area

(1) For the purposes of this Law, a road is an area that is open to or used by the public and is developed for, or has as 1 of its uses, the driving or riding of motor vehicles.

Examples of areas that are roads—

bridges, cattle grids, culverts, ferries, fords, railway crossings, tunnels or viaducts

(2) For the purposes of this Law, a road-related area is—

(a) an area that divides a road; or

(b) a footpath, shared path or nature strip adjacent to a road; or

(c) a shoulder of a road; or

(d) a bicycle path or another area that is not a road and that is open to the public and designated for use by cyclists or animals; or

(e) an area that is not a road and that is open to, or used by, the public for driving, riding or parking motor vehicles.

(3) Also, an area is a road or road-related area for the purposes of this Law or a particular provision of this Law as applied in a participating jurisdiction, if the area is declared by a law of that jurisdiction to be a road or road-related area for the purposes of this Law or the particular provision.

(4) In this section—

bicycle path means an area open to the public that is designated for, or has as 1 of its main uses, use by riders of bicycles.

footpath means an area open to the public that is designated for, or has as 1 of its main uses, use by pedestrians.

shared path means an area open to the public that is designated for, or has as 1 of its main uses, use by both the riders of bicycles and pedestrians.

shoulder, of a road—

(a) includes any part of the road that is not designed to be used by motor vehicles in travelling along the road; and

(b) includes—

(i) for a kerbed road-any part of the kerb; and

(ii) for a sealed road-any unsealed part of the road, and any sealed part of the road outside an edge line on the road; but

(c) does not include a bicycle path, footpath or shared path.

9 Meaning of convicts and convicted of an offence

9 Meaning of convicts and convicted of an offence

(1) For the purposes of this Law, a court convicts a person of an offence if the court finds the person guilty, or accepts the person’s plea of guilty, for the offence whether or not a conviction is recorded.

(2) For the purposes of this Law, a person is convicted of an offence if a court convicts the person of the offence.

10 Interpretation generally

10 Interpretation generally

Schedule 1 applies in relation to this Law.

11 References to laws includes references to instruments made under laws

11 References to laws includes references to instruments made under laws

(1) In this Law, a reference (either generally or specifically) to a law or a provision of a law (including this Law) includes a reference to—

(a) each instrument (including a regulation) made or in force under the law or provision; and

(b) each instrument made or in force under any such instrument.

(2) In this section—

law means a law of the Commonwealth or a State or Territory.

12 References to this Law as applied in a participating jurisdiction

12 References to this Law as applied in a participating jurisdiction

In this Law, a reference to this Law as applied by an Act of a participating jurisdiction includes a reference to—

(a) a law that substantially corresponds to this Law enacted in a participating jurisdiction; and

(b) a law prescribed by the national regulations for the purposes of paragraph (a)(iii) of the definition participating jurisdiction in section 5, enacted in a participating jurisdiction.

13 References to road

13 References to road

A reference in this Law to a road includes a reference to a road-related area, unless a contrary intention appears in this Law.

14 References to particular ADR versions

14 References to particular ADR versions

A reference in this Law to an ADR followed by a number is a reference to—

(a) if the reference is to a second edition ADR—the ADR of that number in the ‘Australian Design Rules for Motor Vehicle Safety, Second Edition’; or

(b) otherwise—the ADR of that number referenced in the relevant standard.

s 14: Rep 2016 No 65, sec 8. Ins 2019 No 29, sec 5.

15 References to categories of heavy vehicles

15 References to categories of heavy vehicles

If a provision of this Law provides for the exemption, authorisation, prescription or description of a category of heavy vehicles, heavy vehicles may, without limitation, be categorised for the purposes of the provision as being of any stated class, including, for example—

(a) a class of heavy vehicles used for a particular task; and

(b) a class of heavy vehicles used by particular persons or a particular class of persons; and

(c) a class of heavy vehicles with a particular configuration.

16 Extraterritorial operation of Law

16 Extraterritorial operation of Law

It is the intention of the Parliament of this jurisdiction that the operation of this Law is, as far as possible, to include operation in relation to the following—

(a) things situated in or outside the territorial limits of this jurisdiction;

(b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of this jurisdiction;

(c) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Law, be governed or otherwise affected by the law of another jurisdiction.

17 Law binds the State

17 Law binds the State

(1) This Law binds the State.

(2) No criminal liability attaches to the State itself (as distinct from its agents, instrumentalities, officers and employees) under this Law.

18 Relationship with primary work health and safety laws

18 Relationship with primary work health and safety laws

(1) If a provision of this Law and a provision of the primary WHS Law deal with the same thing, and it is possible to comply with both provisions, a person must comply with both provisions.

(1A) However, to the extent it is not possible for the person to comply with both provisions, the person must comply with the provision of the primary WHS Law.

(2) Evidence of a relevant contravention of this Law is admissible in any proceeding for an offence against the primary WHS Law.

(3) Compliance with this Law, or with any requirement imposed under this Law, is not, in itself, evidence that a person has complied with the primary WHS Law or any regulations made under that Law or with a common law duty of care.

(3A) If an act, omission or circumstances constitute an offence under this Law and the primary WHS Law, the offender is not liable to be punished twice for the act, omission or circumstances.

(4) In this section—

primary WHS Law, for a participating jurisdiction, means the law that is declared by a law of that jurisdiction to be the primary WHS Law for the purposes of this Law.

Note—

‘WHS’ stands for workplace health and safety.

s 18: Am 2016 No 65, sec 9.

19 Main purpose of this Part

19 Main purpose of this Part

(1) The main purposes of this Part and other associated provisions of this Law are to enable PBS vehicles that meet a particular performance level to operate (unless otherwise specified by the responsible Minister) on roads that are authorised to be used by PBS vehicles that meet or exceed that performance level.

(2) It is intended that authorisations or exemptions can be granted under this Law for PBS vehicles.

20 Notification to road authority of PBS design approval

20 Notification to road authority of PBS design approval

The Regulator must, as soon as practicable, notify the road authority for this jurisdiction, in writing, of a PBS design approval, together with a description of the significant features of the design to which the approval relates.

21 Notification by responsible Minister of non-application or restricted application of PBS design approval

21 Notification by responsible Minister of non-application or restricted application of PBS design approval

(1) The responsible Minister for this jurisdiction may notify the Regulator in writing that any heavy vehicle built to a design that is the subject of a PBS design approval—

(a) is not to be permitted to operate in this jurisdiction; or

(b) is only to be permitted to operate in this jurisdiction subject to stated conditions.

(2) A notice under this section can not be about—

(a) a particular person; or

(b) a particular heavy vehicle.

(3) A notice under this section is not valid for the purposes of this Law if it does not set out reasons for why it has been issued.

(4) On receiving a notice under this section, the Regulator must give a copy of the notice to the person who was given the PBS design approval.

(5) On receiving a notice under this section, the Regulator must accordingly impose on the PBS design approval—

(a) a condition giving effect to subsection (1)(a); or

(b) the stated conditions referred to in subsection (1)(b).

22 Application for PBS design approval

22 Application for PBS design approval

(1) An application for a PBS design approval for the design of a type of heavy vehicle may be made to the Regulator.

(2) In assessing the application, the Regulator must have regard to—

(a) the approved guidelines relevant to the grant of PBS design approvals; and

(b) any performance based standards and assessment rules prescribed in the national regulations for the purposes of this paragraph; and

(c) the advice of the PBS Review Panel in relation to the application.

(3) Having assessed the application, the Regulator must approve or reject the application.

(4) The Regulator may approve the application subject to any condition the Regulator considers appropriate.

(5) The PBS design approval must state the conditions (if any) to which it is subject under subsection (4) or section 21(5).

23 Application for PBS vehicle approval

23 Application for PBS vehicle approval

(1) An application for a PBS vehicle approval for a heavy vehicle may be made to the Regulator.

(2) In assessing the application, the Regulator must have regard to—

(a) the approved guidelines relevant to the grant of PBS vehicle approvals; and

(b) any vehicle certification rules prescribed in the national regulations for the purposes of this paragraph; and

(c) the advice of the PBS Review Panel in relation to the application.

(3) Having assessed the application, the Regulator must approve or reject the application.

(4) The Regulator may approve the application subject to conditions included in the PBS design approval to which the heavy vehicle is built.

(5) The PBS vehicle approval must state the conditions (if any) to which—

(a) the PBS vehicle approval is subject under subsection (4); and

(b) the relevant PBS design approval is subject under section 21(5).

(5A) The PBS vehicle approval must state the performance level for the approval.

(6) A PBS vehicle approval can not be given for a class 1 heavy vehicle.

s 23: Am 2018 No 18, sec 7.

24 Exemption from stated vehicle standards

24 Exemption from stated vehicle standards

(1) A PBS vehicle approval for a heavy vehicle may provide that the vehicle is exempt from stated vehicle standards.

(2) Subsection (1) applies only to vehicle standards of a kind prescribed by the national regulations for the purposes of this section.

Note—

See section 60(6).

25 Authorisation of different mass or dimension requirement

25 Authorisation of different mass or dimension requirement

(1) A PBS vehicle approval for a heavy vehicle may provide that the vehicle is authorised to have a mass limit that exceeds a limit that would otherwise apply to the vehicle under a prescribed mass requirement.

Note—

See section 96(4).

(2) A PBS vehicle approval for a heavy vehicle may provide that the vehicle is authorised to have a dimension that exceeds a dimension limit that would otherwise apply to the vehicle under a prescribed dimension requirement.

Note—

See section 102(4).

25A Keeping copy of PBS vehicle approval while driving

25A Keeping copy of PBS vehicle approval while driving

(1) The driver of a PBS vehicle must keep a copy of the PBS vehicle approval in the driver’s possession while driving the PBS vehicle.

Maximum penalty—$3000.

(2) Each relevant party for a driver mentioned in subsection (1) must ensure the driver complies with subsection (1), unless the relevant party has a reasonable excuse.

Maximum penalty—$3000.

(3) In this section—

relevant party, for the driver of a PBS vehicle, means—

(a) an employer of the driver if the driver is an employed driver; or

(b) a prime contractor of the driver if the driver is a self-employed driver; or

(c) an operator of the vehicle if the driver is making a journey for the operator.

s 25A: Ins 2018 No 18, sec 8.

26 National regulations

26 National regulations

The national regulations may provide for—

(a) the procedures for determining an application for a PBS design approval or a PBS vehicle approval, including, for example, providing for the time for making a decision on the application, the fee for the application and forms relating to the application; and

(b) the procedures for cancelling or modifying a PBS design approval or PBS vehicle approval; and

(c) performance based standards, and assessment and certification rules, relating to PBS design approvals or PBS vehicle approvals; and

(d) the appointment, functions and management of persons as PBS assessors and PBS vehicle certifiers.

Part 1A Principles

Part 1A.1 Principles

26A Principle of shared responsibility

26A Principle of shared responsibility

(1) The safety of transport activities relating to a heavy vehicle is the shared responsibility of each party in the chain of responsibility for the vehicle.

(2) The level and nature of a party’s responsibility for a transport activity depends on—

(a) the functions the person performs or is required to perform, whether exclusively or occasionally, rather than—

(i) the person’s job title; or

(ii) the person’s functions described in a written contract; and

(b) the nature of the public risk created by the carrying out of the transport activity; and

(c) the party’s capacity to control, eliminate or minimise the risk.

pt 1A.1 (ss 26A, 26B): Ins 2016 No 65, sec 10.

pt 1A.2: Ins 2016 No 65, sec 10.

26B Principles applying to duties

26B Principles applying to duties

(1) A person may have more than 1 duty because of the functions the person performs or is required to perform.

(2) More than 1 person can concurrently have a duty under this Law and each duty holder must comply with that duty to the standard required by this Law even if another duty holder has the same duty.

(3) If more than 1 person has a duty for the same matter, each person—

(a) retains responsibility for the person’s duty in relation to the matter; and

(b) must discharge the person’s duty to the extent to which the person—

(i) has the capacity to influence and control the matter; or

(ii) would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity.

(4) A duty under this Law may not be transferred to another person.

pt 1A.1 (ss 26A, 26B): Ins 2016 No 65, sec 10.

26C Primary duty

26C Primary duty

(1) Each party in the chain of responsibility for a heavy vehicle must ensure, so far as is reasonably practicable, the safety of the party’s transport activities relating to the vehicle.

(2) Without limiting subsection (1), each party must, so far as is reasonably practicable—

(a) eliminate public risks and, to the extent it is not reasonably practicable to eliminate public risks, minimise the public risks; and

(b) ensure the party’s conduct does not directly or indirectly cause or encourage—

(i) the driver of the heavy vehicle to contravene this Law; or

(ii) the driver of the heavy vehicle to exceed a speed limit applying to the driver; or

(iii) another person, including another party in the chain of responsibility, to contravene this Law.

(3) For subsection (2)(b), the party’s conduct includes, for example—

(a) the party asking, directing or requiring another person to do, or not do, something; and

(b) the party entering into a contract—

(i) with another person for the other person to do, or not do, something; or

(ii) that purports to annul, exclude, restrict or otherwise change the effect of this Law.

s 26C: Ins 2016 No 65, sec 10.

26D Duty of executive of legal entity

26D Duty of executive of legal entity

(1) If a legal entity has a safety duty, an executive of the legal entity must exercise due diligence to ensure the legal entity complies with the safety duty.

Maximum penalty—the penalty for a contravention of the provision by an individual.

(2) The executive may be convicted of an offence against subsection (1) even if the legal entity has not been proceeded against for, or convicted of, an offence relating to the safety duty.

(2A) Subsection (1) does not apply to an executive of the legal entity acting on a voluntary basis, whether or not the executive is reimbursed for the expenses incurred by the executive for carrying out activities for the legal entity.

(3) In this section—

due diligence includes taking reasonable steps—

(a) to acquire, and keep up to date, knowledge about the safe conduct of transport activities; and

(b) to gain an understanding of—

(i) the nature of the legal entity’s transport activities; and

(ii) the hazards and risks, including the public risk, associated with those activities; and

(c) to ensure the legal entity has, and uses, appropriate resources to eliminate or minimise those hazards and risks; and

(d) to ensure the legal entity has, and implements, processes—

(i) to eliminate or minimise those hazards and risks; and

(ii) for receiving, considering, and responding in a timely way to, information about those hazards and risks and any incidents; and

(iii) for complying with the legal entity’s safety duties; and

(e) to verify the resources and processes mentioned in paragraphs (c) and (d) are being provided, used and implemented.

executive, of a legal entity, means—

(a) for a corporation—an executive officer of the corporation; or

(b) for an unincorporated partnership—a partner in the partnership; or

(c) for an unincorporated body—a management member of the body.

legal entity means—

(a) a corporation; or

(b) an unincorporated partnership; or

(c) an unincorporated body.

s 26D: Ins 2016 No 65, sec 10. Am 2018 No 10, sec 16; 2018 No 18, sec 9.

26E Prohibited requests and contracts

26E Prohibited requests and contracts

(1) A person must not ask, direct or require (directly or indirectly) the driver of a heavy vehicle or a party in the chain of responsibility to do or not do something the person knows, or ought reasonably to know, would have the effect of causing the driver—

(a) to exceed a speed limit applying to the driver; or

(b) to drive a fatigue-regulated heavy vehicle while impaired by fatigue; or

(c) to drive a fatigue-regulated heavy vehicle while in breach of the driver’s work and rest hours option; or

(d) to drive a fatigue-regulated heavy vehicle in breach of another law in order to avoid driving while impaired by fatigue or while in breach of the driver’s work and rest hours option.

Maximum penalty—$10000.

(2) A person must not enter into a contract with the driver of a heavy vehicle or a party in the chain of responsibility that the person knows, or ought reasonably to know, would have the effect of causing the driver, or would encourage the driver, or would encourage a party in the chain of responsibility to cause the driver—

(a) to exceed a speed limit applying to the driver; or

(b) to drive a fatigue-regulated heavy vehicle while impaired by fatigue; or

(c) to drive a fatigue-regulated heavy vehicle while in breach of the driver’s work and rest hours option; or

(d) to drive a fatigue-regulated heavy vehicle in breach of another law in order to avoid driving while impaired by fatigue or while in breach of the driver’s work and rest hours option.

Maximum penalty—$10000.

Note—

See section 632 for the matters a court may consider when deciding whether a person ought reasonably to have known something.

s 26E: Ins 2016 No 65, sec 10.

pt 1A.3 (ss 26F–26H): Ins 2016 No 65, sec 10.

26F Category 1 offence

26F Category 1 offence

(1) A person commits an offence if—

(a) the person has a duty under section 26C; and

(b) the person, without a reasonable excuse, engages in conduct related to the duty that exposes an individual to a risk of death or serious injury or illness; and

(c) the person is reckless as to the risk.

Maximum penalty—

(a) if an individual commits the offence—$300000 or 5 years imprisonment or both; or

(b) if a corporation commits the offence—$3000000.

(2) The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse.

pt 1A.3 (ss 26F–26H): Ins 2016 No 65, sec 10.

26G Category 2 offence

26G Category 2 offence

A person commits an offence if—

(a) the person has a duty under section 26C; and

(b) the person contravenes the duty; and

(c) the person’s contravention exposes an individual, or class of individuals, to a risk of death or serious injury or illness.

Maximum penalty—

(a) if an individual commits the offence—$150000; or

(b) if a corporation commits the offence—$1500000.

pt 1A.3 (ss 26F–26H): Ins 2016 No 65, sec 10.

26H Category 3 offence

26H Category 3 offence

A person commits an offence if—

(a) the person has a duty under section 26C; and

(b) the person contravenes the duty.

Maximum penalty—

(a) if an individual commits the offence—$50000; or

(b) if a corporation commits the offence—$500000.

pt 1A.3 (ss 26F–26H): Ins 2016 No 65, sec 10.

26I Exemptions for emergency services [NSW]

26I Exemptions for emergency services [NSW]

(1) A person who is an officer, member or member of staff of an emergency service is exempt from section 26C, but only—

(a) in so far as the offending relates to speed or fatigue; and

(b) in relation to the driving of a heavy vehicle—in the course of undertaking work for an emergency service.

(2) The exemption provided by this section is in addition to, and does not limit the effect of, the exemption provided by section 265A.

(3) An emergency service is any of the following—

(a) the NSW State Emergency Service established under the State Emergency Service Act 1989 of New South Wales;

(b) Fire and Rescue NSW and any permanent fire brigade or volunteer fire brigade within the meaning of the Fire Brigades Act 1989 of New South Wales;

(c) the NSW Rural Fire Service established by the Rural Fires Act 1997 of New South Wales;

(d) the Ambulance Service of NSW within the meaning of the Health Services Act 1997 of New South Wales;

(e) the NSW Police Force established by the Police Act 1990 of New South Wales;

(f) VRA Rescue NSW Limited;

(g) a government agency of another jurisdiction, or a body authorised under the law of another jurisdiction, that has corresponding functions to the bodies referred to in any of the above paragraphs.

Note—

This section is inserted for New South Wales.

s 26I: Ins 2018 (354), Sch 1 [2]. Am 2025 No 48, Sch 2.6[1].

26J Exemptions for hire vehicles and buses [NSW]

26J Exemptions for hire vehicles and buses [NSW]

(1) A person is exempt from sections 26C and 26E (1) (a) and (2) (a) in relation to the driving of a heavy vehicle that is a hire vehicle or a bus, but only in so far as the offending relates to speed or fatigue.

(2) However, a person is not exempted by subsection (1) in so far as the duty relates to—

(a) an employer or prime contractor ensuring (so far as is reasonably practicable) that the employer’s or contractor’s business practices will not cause the driver of a vehicle to exceed a speed limit applying to the driver; or

(b) an employer or prime contractor being reasonably satisfied that each scheduler for the vehicle has complied with its duty under section 26C to ensure that a schedule will not cause a driver to—

(i) exceed a speed limit applying to the driver; or

(ii) breach the work rest times applying to the driver; or

(c) any party in the chain of responsibility preventing a driver from driving when fatigued.

(3) Subsection (1) does not apply to the driving of a bus for the purpose of providing a public passenger service.

Note—

Persons carrying on public passenger services by means of a bus are required to be accredited under the Passenger Transport Act 1990 of New South Wales.

Note—

This section is inserted for New South Wales.

s 26J: Ins 2018 (354), Sch 1 [2].

Part 3 Preliminary

Part 3.1 Preliminary

58 Main purpose of Ch 3

58 Main purpose of Ch 3

The main purpose of this Chapter is to ensure heavy vehicles used on roads are of a standard and in a condition that prevents or minimises safety risks.

Division 1 Requirements

Division 1 Requirements

59 Heavy vehicle standards

59 Heavy vehicle standards

(1) The national regulations may prescribe vehicle standards (heavy vehicle standards) with which heavy vehicles must comply to use roads.

(2) Without limiting subsection (1), the heavy vehicle standards may include requirements applying to—

(a) heavy vehicles; or

(b) components of heavy vehicles, including component vehicles that are not heavy vehicles; or

(c) equipment of heavy vehicles.

(3) The national regulations may prescribe exemptions or different requirements for component vehicles that are not heavy vehicles.

60 Compliance with heavy vehicle standards

60 Compliance with heavy vehicle standards

(1) A person must not use, or permit to be used, on a road a heavy vehicle that contravenes a heavy vehicle standard applying to the vehicle.

Maximum penalty—

(a) $3000, except as provided in paragraph (b); or

(b) $6000, for contravention of a heavy vehicle standard relating to a speed limiter.

Editorial note.

See also section 737 (Increase of penalty amounts).

(2) Subsection (1) does not apply to—

(a) a heavy vehicle that—

(i) is on a journey to a place for the repair of the vehicle, or any of its components or equipment, and is travelling on the most direct or convenient route to that place from the place where the journey began; and

Note for the purposes of subparagraph (i)—

The subparagraph does not operate to exempt a person from complying with the requirements of a vehicle defect notice applying to the vehicle.

(ii) does not have any goods in it; and

(iii) is used on a road in a way that does not pose a safety risk; or

(b) a heavy vehicle that—

(i) is on a road for testing or analysis of the vehicle, or any of its components or equipment, by an approved vehicle examiner for the purpose of checking its compliance with the heavy vehicle standards; and

(ii) does not have any passengers in it; and

(iii) does not have any goods in it, unless—

(A) it has a quantity of goods that is necessary or appropriate for the conduct of the testing or analysis; and

(B) without limiting subparagraph (iv), there are no reasonable grounds to believe the vehicle laden with those goods poses a significant safety risk; and

(iv) is used on a road in a way that does not pose a safety risk.

(3) A person does not commit an offence against subsection (1) in relation to a heavy vehicle’s noncompliance with a heavy vehicle standard if, and to the extent, the noncompliance relates to a noncompliance known to the registration authority for the heavy vehicle at the time the registration authority registered the vehicle under an Australian road law.

(4) For the purposes of subsection (3), the registration authority is taken to have known of the heavy vehicle’s noncompliance with a heavy vehicle standard at the time the registration authority registered the vehicle if the noncompliance was mentioned in—

(a) an operations plate that was installed on the vehicle at the time it was registered; or

(b) a certificate of approved operations issued for the vehicle and in force at the time the vehicle was registered; or

(c) a document obtained by the registration authority under an Australian road law in connection with the registering of the vehicle.

(5) Subsection (3) applies only if the heavy vehicle, and its use on a road, complies with the conditions of the heavy vehicle’s registration under an Australian road law.

(6) If a PBS vehicle is exempt from vehicle standards stated in its PBS vehicle approval but it complies with the other applicable vehicle standards, the vehicle is regarded for the purposes of this Law as complying with the vehicle standards applying to the vehicle.

Note—

See also section 81(4) to (6) for the effect of a vehicle standards exemption on compliance with subsection (1).

s 60: Am 2018 No 10, sec 18; 2018 (354), Sch 1 [1].

Division 2 Exemptions by Commonwealth Gazette notice

Division 2 Exemptions by Commonwealth Gazette notice

61 Regulator’s power to exempt category of heavy vehicles from compliance with heavy vehicle standard

61 Regulator’s power to exempt category of heavy vehicles from compliance with heavy vehicle standard

(1) The Regulator may, by Commonwealth Gazette notice complying with section 65, exempt, for a period of not more than 5 years, a category of heavy vehicles from the requirement to comply with a heavy vehicle standard.

(2) An exemption under subsection (1) is a vehicle standards exemption (notice).

62 Restriction on grant of vehicle standards exemption (notice)

62 Restriction on grant of vehicle standards exemption (notice)

(1) The Regulator may grant a vehicle standards exemption (notice) for a category of heavy vehicles only if—

(a) 1 of the following applies—

(i) the Regulator is satisfied complying with the heavy vehicle standard to which the exemption is to apply would prevent heavy vehicles of that category from operating in the way in which, or for the purpose for which, the vehicles were built or modified;

(ii) the Regulator is satisfied heavy vehicles of that category are experimental vehicles, prototypes or similar vehicles that could not reasonably be expected to comply with the heavy vehicle standard to which the exemption is to apply;

(iii) the exemption has been requested by a road authority for a participating jurisdiction for the use of heavy vehicles of that category in that jurisdiction;

(iv) the category of heavy vehicles consists of heavy vehicles that, immediately before the commencement of this section in a participating jurisdiction, were not required to comply with a similar standard at that time and were—

(A) registered under an Australian road law of that jurisdiction and not required to comply with a similar standard at that time; or

(B) operating under an unregistered heavy vehicle permit or exemption from registration (however described) granted or issued under an Australian road law of that jurisdiction;

(v) the category of heavy vehicles consists of heavy vehicles referred to in the national regulations for the purposes of this subparagraph; and

(b) the Regulator is satisfied the use of heavy vehicles of the category to which the exemption is to apply on a road under the exemption will not pose a significant safety risk.

(2) In deciding whether to grant a vehicle standards exemption (notice), the Regulator must have regard to the approved guidelines for granting vehicle standards exemptions.

(3) The national regulations may prescribe additional requirements or restrictions regarding the granting of a vehicle standards exemption (notice).

63 Conditions of vehicle standards exemption (notice)

63 Conditions of vehicle standards exemption (notice)

A vehicle standards exemption (notice) may be subject to any conditions the Regulator considers appropriate, including, for example—

(a) conditions about protecting road infrastructure from damage; and

(b) a condition that the driver of a heavy vehicle who is driving the vehicle under the exemption must keep in the driver’s possession a copy of—

(i) the Commonwealth Gazette notice for the exemption; or

(ii) an information sheet about the exemption published by the Regulator on the Regulator’s website.

64 Period for which vehicle standards exemption (notice) applies

64 Period for which vehicle standards exemption (notice) applies

A vehicle standards exemption (notice)—

(a) takes effect—

(i) when the Commonwealth Gazette notice for the exemption is published; or

(ii) if a later time is stated in the Commonwealth Gazette notice, at the later time; and

(b) applies for the period stated in the Commonwealth Gazette notice.

65 Requirements about Commonwealth Gazette notice

65 Requirements about Commonwealth Gazette notice

(1) A Commonwealth Gazette notice for a vehicle standards exemption (notice) must state the following—

(a) the category of heavy vehicles to which the exemption applies;

(b) the heavy vehicle standard to which the exemption applies;

(c) the conditions of the exemption;

(d) the period for which the exemption applies.

(2) The Regulator must publish a copy of the Commonwealth Gazette notice on the Regulator’s website.

66 Amendment or cancellation of vehicle standards exemption (notice)

66 Amendment or cancellation of vehicle standards exemption (notice)

(1) Each of the following is a ground for amending or cancelling a vehicle standards exemption (notice)—

(a) the use of heavy vehicles on a road under the exemption has caused, or is likely to cause, a significant safety risk;

(b) since the exemption was granted, there has been a change in circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions.

(2) If the Regulator considers a ground exists to amend or cancel a vehicle standards exemption (notice), the Regulator may amend or cancel the exemption by complying with subsections (3) to (5).

(3) The Regulator must publish a public notice—

(a) stating that the Regulator believes a ground mentioned in subsection (1)(a) or (b) for amending or cancelling the exemption exists; and

(b) outlining the facts and circumstances forming the basis for the belief; and

(c) stating the action the Regulator is proposing to take under this section (the proposed action); and

(d) inviting persons who will be affected by the proposed action to make, within a stated time of at least 14 days after the Commonwealth Gazette notice is published, written representations about why the proposed action should not be taken.

(4) If, after considering all written representations made under subsection (3)(d), the Regulator still considers a ground exists to take the proposed action, the Regulator may—

(a) if the proposed action was to amend the exemption—amend the exemption, including, for example, by imposing additional conditions on the exemption, in a way that is not substantially different from the proposed action; or

(b) if the proposed action was to cancel the exemption—

(i) amend the exemption, including, for example, by imposing additional conditions on the exemption; or

(ii) cancel the exemption.

(5) The Regulator must publish a public notice of the amendment or cancellation.

(6) The amendment or cancellation takes effect—

(a) 28 days after the Commonwealth Gazette notice is published under subsection (5); or

(b) if a later time is stated in the Commonwealth Gazette notice, at the later time.

s 66: Am 2016 No 65, sec 120.

67 Immediate suspension on Regulator’s initiative

67 Immediate suspension on Regulator’s initiative

(1) This section applies if the Regulator considers it is necessary to suspend a vehicle standards exemption (notice) immediately to prevent or minimise serious harm to public safety or significant damage to road infrastructure.

(2) The Regulator may, by public notice, immediately suspend the exemption until the earliest of the following—

(a) the end of 56 days after the day the public notice is published;

(b) the Regulator publishes a notice under section 66(5) and the amendment or cancellation takes effect under section 66(6);

(c) the Regulator cancels the suspension by public notice.

(3) (Repealed)

(4) The suspension, and (where relevant) the cancellation of the suspension, takes effect immediately after the Commonwealth Gazette notice is published under subsection (3).

(5) This section applies despite section 66.

s 67: Am 2016 No 65, sec 121.

Division 3 Exemptions by permit

Division 3 Exemptions by permit

68 Regulator’s power to exempt particular heavy vehicle from compliance with heavy vehicle standard

68 Regulator’s power to exempt particular heavy vehicle from compliance with heavy vehicle standard

(1) The Regulator may, by giving a person a permit as mentioned in section 73, exempt a heavy vehicle from compliance with a heavy vehicle standard for a period of not more than 3 years.

(2) An exemption under subsection (1) is a vehicle standards exemption (permit).

(3) A vehicle standards exemption (permit) may apply to 1 or more heavy vehicles.

69 Application for vehicle standards exemption (permit)

69 Application for vehicle standards exemption (permit)

(1) A person may apply to the Regulator for a vehicle standards exemption (permit).

(2) The application must be—

(a) in the approved form; and

(b) accompanied by the prescribed fee for the application.

(3) The Regulator may, by notice given to the applicant for a vehicle standards exemption (permit), require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.

70 Restriction on grant of vehicle standards exemption (permit)

70 Restriction on grant of vehicle standards exemption (permit)

(1) The Regulator may grant a vehicle standards exemption (permit) for a heavy vehicle only if—

(a) 1 of the following applies—

(i) the Regulator is satisfied complying with the heavy vehicle standard to which the exemption is to apply would prevent the heavy vehicle from operating in the way in which, or for the purpose for which, the vehicle was built or modified;

(ii) the Regulator is satisfied the heavy vehicle is an experimental vehicle, prototype or similar vehicle that could not reasonably be expected to comply with the heavy vehicle standard to which the exemption is to apply;

(iii) the heavy vehicle, immediately before the commencement of this section in a participating jurisdiction, was not required to comply with a similar standard at that time and was—

(A) registered under an Australian road law of that jurisdiction; or

(B) operating under an unregistered heavy vehicle permit or exemption from registration (however described) granted or issued under an Australian road law of that jurisdiction; and

(b) the Regulator is satisfied the use of the heavy vehicle on a road under the exemption will not pose a significant safety risk.

(2) In deciding whether to grant a vehicle standards exemption (permit), the Regulator must have regard to the approved guidelines for granting vehicle standards exemptions.

71 Conditions of vehicle standards exemption (permit)

71 Conditions of vehicle standards exemption (permit)

A vehicle standards exemption (permit) may be subject to any conditions the Regulator considers appropriate, including, for example, a condition about protecting road infrastructure from damage.

72 Period for which vehicle standards exemption (permit) applies

72 Period for which vehicle standards exemption (permit) applies

(1) A vehicle standards exemption (permit) applies for the period stated in the permit for the exemption.

(2) The period may be less than the period sought by the applicant for the vehicle standards exemption (permit).

73 Permit for vehicle standards exemption (permit) etc.

73 Permit for vehicle standards exemption (permit) etc.

(1) If the Regulator grants a vehicle standards exemption (permit) to a person, the Regulator must give the person—

(a) a permit for the exemption; and

(b) if the Regulator’s decision to grant the exemption for a period or impose a condition on the exemption is a reviewable decision—a notice stating the review and appeal information for the decision.

Note—

Under section 641(6)(a), this notice must also state particular information about obtaining a statement of reasons for the decision.

(2) A permit for a vehicle standards exemption (permit) must state the following—

(a) the name of the person to whom the permit is given;

(b) each heavy vehicle to which the exemption applies, including the registration number of the vehicle if known when the permit is given;

(c) the heavy vehicle standard to which the exemption applies;

(d) the conditions of the exemption;

(e) the period for which the exemption applies.

s 73: Am 2019 No 29, sec 8.

74 Refusal of application for vehicle standards exemption (permit)

74 Refusal of application for vehicle standards exemption (permit)

If the Regulator refuses an application for a vehicle standards exemption (permit), the Regulator must give the applicant an information notice for the decision to refuse the application.

75 Amendment or cancellation of vehicle standards exemption (permit) on application by permit holder

75 Amendment or cancellation of vehicle standards exemption (permit) on application by permit holder

(1) The holder of a permit for a vehicle standards exemption (permit) may apply to the Regulator for an amendment or cancellation of the exemption.

(2) The application must—

(a) be in the approved form; and

(b) be accompanied by the prescribed fee for the application; and

(c) if the application is for an amendment—state clearly the amendment sought and the reasons for the amendment; and

(d) be accompanied by the permit.

(3) The Regulator may, by notice given to the applicant, require the applicant to give the Regulator any additional information the Regulator reasonably requires to decide the application.

(4) The Regulator must decide the application as soon as practicable after receiving it.

(5) If the Regulator decides to grant the application—

(a) the Regulator must give the applicant notice of the decision; and

(b) the amendment or cancellation takes effect—

(i) when notice of the decision is given to the applicant; or

(ii) if a later time is stated in the notice, at the later time; and

(c) if the Regulator amended the exemption, the Regulator must give the applicant a replacement permit for the exemption as amended.

(6) If the Regulator decides not to amend or cancel the exemption as sought by the applicant, the Regulator must—

(a) give the applicant an information notice for the decision; and

(b) return the permit for the exemption to the applicant.

76 Amendment or cancellation of vehicle standards exemption (permit) on Regulator’s initiative

76 Amendment or cancellation of vehicle standards exemption (permit) on Regulator’s initiative

(1) Each of the following is a ground for amending or cancelling a vehicle standards exemption (permit)—

(a) the exemption was granted because of a document or representation that was—

(i) false or misleading; or

(ii) obtained or made in an improper way;

(b) the holder of the permit for the exemption has contravened a condition of the exemption;

(c) the use of a heavy vehicle on a road under the exemption has caused, or is likely to cause, a significant safety risk;

(d) since the exemption was granted, there has been change in the circumstances that were relevant to the Regulator’s decision to grant the exemption and, had the changed circumstances existed when the exemption was granted, the Regulator would not have granted the exemption, or would have granted the exemption subject to conditions or different conditions.

(2) If the Regulator considers a ground exists to amend or cancel a vehicle standards exemption (permit) (the proposed action), the Regulator must give the holder of the permit for the exemption a notice—

(a) stating the proposed action; and

(b) stating the ground for the proposed action; and

(c) outlining the facts and circumstances forming the basis for the ground; and

(d) if the proposed action is to amend the exemption (including a condition of the exemption)—stating the proposed amendment; and

(e) inviting the holder to make, within a stated time of at least 14 days after the notice is given to the holder, written representations about why the proposed action should not be taken.

(3) If, after considering all written representations made under subsection (2)(e), the Regulator still considers a ground exists to take the proposed action, the Regulator may—

(a) if the proposed action was to amend the exemption—amend the exemption, including, for example, by imposing additional conditions on the exemption, in a way that is not substantially different from the proposed action; or

(b) if the proposed action was to cancel the exemption—

(i) amend the exemption, including, for example, by imposing additional conditions on the exemption; or

(ii) cancel the exemption.

(4) The Regulator must give the holder an information notice for the decision to amend or cancel the exemption.

(5) The amendment or cancellation takes effect—

(a) when the information notice is given to the holder; or

(b) if a later time is stated in the information notice, at the later time.

77 Immediate suspension on Regulator’s initiative

77 Immediate suspension on Regulator’s initiative

(1) This section applies if the Regulator considers it is necessary to suspend a vehicle standards exemption (permit) immediately to prevent or minimise serious harm to public safety or significant damage to road infrastructure.

(2) The Regulator may, by notice (immediate suspension notice) given to the person to whom the permit was given, immediately suspend the exemption until the earliest of the following—

(a) the Regulator gives the person an information notice under section 76(4) and the amendment or cancellation takes effect under section 76(5);

(b) the Regulator cancels the suspension;

(c) the end of 56 days after the day the immediate suspension notice is given to the person.

(3) This section applies despite sections 75 and 76.

78 Minor amendment of vehicle standards exemption (permit)

78 Minor amendment of vehicle standards exemption (permit)

The Regulator may, by notice given to the holder of a permit for a vehicle standards exemption (permit), amend the exemption in a minor respect—

(a) for a formal or clerical reason; or

(b) in another way that does not adversely affect the holder’s interests.

79 Return of permit

79 Return of permit

(1) If a person’s vehicle standards exemption (permit) is amended or cancelled, the Regulator may, by notice, require the person to return the person’s permit for the exemption to the Regulator.

(2) The person must comply with the notice within 7 days after the notice is given to the person or, if a longer period is stated in the notice, within the longer period.

Maximum penalty—$4000.

Editorial note.

See also section 737 (Increase of penalty amounts).

(3) If the exemption has been amended, the Regulator must give the person a replacement permit for the exemption as amended.

80 Replacement of defaced etc. permit

80 Replacement of defaced etc. permit

(1) If a person’s permit for a vehicle standards exemption (permit) is defaced, destroyed, lost or stolen, the person must, as soon as reasonably practicable after becoming aware of the matter, apply to the Regulator for a replacement permit.

Maximum penalty—$4000.

Editorial note.

See also section 737 (Increase of penalty amounts).

(2) If the Regulator is satisfied the permit has been defaced, destroyed, lost or stolen, the Regulator must give the person a replacement permit as soon as practicable.

(3) If the Regulator decides not to give the person a replacement permit, the Regulator must give the person an information notice for the decision.

(4) Subsection (1) does not apply to a vehicle standards exemption (permit) for which an application to cancel the permit has been made and is pending determination.

Division 4 Operating under vehicle standards exemption

Division 4 Operating under vehicle standards exemption

81 Contravening condition of vehicle standards exemption

81 Contravening condition of vehicle standards exemption

(1) A person must not contravene a condition of a vehicle standards exemption.

Maximum penalty—$4000.

Editorial note.

See also section 737 (Increase of penalty amounts).

(2) A person must not use, or permit to be used, on a road a heavy vehicle that contravenes a condition of a vehicle standards exemption applying to the vehicle.

Maximum penalty—$4000.

Editorial note.

See also section 737 (Increase of penalty amounts).

(3) A person must not use a heavy vehicle, or permit a heavy vehicle to be used, on a road in a way that contravenes a condition of a vehicle standards exemption applying to the vehicle.

Maximum penalty—$4000.

Editorial note.

See also section 737 (Increase of penalty amounts).

(4) A person does not commit an offence against this Law in relation to a heavy vehicle contravening a heavy vehicle standard if—

(a) the heavy vehicle is exempt, under a vehicle standards exemption, from compliance with the heavy vehicle standard; and

(b) the heavy vehicle, and its use on a road, complies with the conditions of the exemption.

(5) However, if a person commits a condition offence in relation to the exemption—

(a) the exemption does not operate in the person’s favour while the contravention constituting the offence continues; and

(b) the exemption must be disregarded in deciding whether the person has committed an offence in relation to a contravention of a heavy vehicle standard applying to a heavy vehicle.

(6) If, because of the operation of subsection (5), a person commits an offence against a provision of this Law (the other offence provision) in relation to a heavy vehicle standard to which the exemption applies, the person—

(a) may be charged with the condition offence or an offence against the other offence provision; but

(b) must not be charged with both offences.

(7) Subsection (1) does not apply to a condition mentioned in section 82(1).

(8) In this section—

condition offence means an offence against subsection (1), (2) or (3).

s 81: Am 2015 No 12, sec 67 and Sch.

82 Keeping relevant document while driving under vehicle standards exemption (notice)

82 Keeping relevant document while driving under vehicle standards exemption (notice)

(1) This section applies if a vehicle standards exemption (notice) is subject to the condition that the driver of a heavy vehicle who is driving the vehicle under the exemption must keep a relevant document in the driver’s possession.

(2) A driver of the heavy vehicle who is driving the vehicle under the vehicle standards exemption (notice) must comply with the condition.

Maximum penalty—$3000.

Editorial note.

See also section 737 (Increase of penalty amounts).

(3) Each relevant party for a driver mentioned in subsection (2) must ensure the driver complies with subsection (2), unless the relevant party has a reasonable excuse.

Maximum penalty—$3000.

(4)–(6) (Repealed)

(7) In this section—

relevant document, for a vehicle standards exemption (notice), means a copy of—

(a) the Commonwealth Gazette notice for the exemption; or

(b) an information sheet about the exemption published by the Regulator on the Regulator’s website.

relevant party, for the driver of a heavy vehicle, means—

(a) an employer of the driver if the driver is an employed driver; or

(b) a prime contractor of the driver if the driver is a self-employed driver; or

(c) an operator of the vehicle if the driver is making a journey for the operator.

s 82: Am 2016 No 65, sec 13.

83 Keeping copy of permit while driving under vehicle standards exemption (permit)

83 Keeping copy of permit while driving under vehicle standards exemption (permit)

(1) The driver of a heavy vehicle who is driving the vehicle under a vehicle standards exemption (permit) must keep a copy of the permit for the exemption in the driver’s possession.

Maximum penalty—$3000.

Editorial note.

See also section 737 (Increase of penalty amounts).

(2) If the driver of a heavy vehicle is driving the vehicle under a vehicle standards exemption (permit) granted to a relevant party for the driver and the relevant party has given the driver a copy of a permit for the purpose of subsection (1), the driver must, as soon as reasonably practicable, return the copy to the relevant party if the driver stops working for the relevant party.

Maximum penalty—$3000.

Editorial note.

See also section 737 (Increase of penalty amounts).

(3) Each relevant party for a driver mentioned in subsection (2) must ensure the driver complies with subsection (2), unless the relevant party has a reasonable excuse.

Maximum penalty—$3000.

(4)–(6) (Repealed)

(7) In this section—

relevant party, for the driver of a heavy vehicle, means—

(a) an employer of the driver if the driver is an employed driver; or

(b) a prime contractor of the driver if the driver is a self-employed driver; or

(c) an operator of the vehicle if the driver is making a journey for the operator.

s 83: Am 2016 No 65, sec 14.

84 Definition for Pt 3.3

84 Definition for Pt 3.3

In this Part—

modification, of a heavy vehicle, means—

(a) the addition of a component to, or the removal of a component from, the vehicle; or

(b) a change to the vehicle from the manufacturer’s specification for the vehicle;

but does not include a modification to the vehicle that has been approved under the Road Vehicle Standards Act 2018, item 16(2) of Schedule 3 to the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 of the Commonwealth or the Motor Vehicle Standards Act 1989 before the repeal of that Act.

s 84: Subst 2015 No 12, sec 5. Am 2019 No 29, sec 6.

85 Modifying heavy vehicle requires approval

85 Modifying heavy vehicle requires approval

(1) A person must not modify a heavy vehicle unless the modification has been approved by—

(a) an approved vehicle examiner under section 86; or

(b) the Regulator under section 87.

Maximum penalty—$3000.

Editorial note.

See also section 737 (Increase of penalty amounts).

(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—

(a) an approved vehicle examiner under section 86; or

(b) the Regulator under section 87.

Maximum penalty—$3000.

Editorial note.

See also section 737 (Increase of penalty amounts).

(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.

(4) A modification is taken to have been approved by an approved vehicle examiner under section 86 if—

(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.

(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.

s 85: Am 2015 No 12, sec 6; 2019 No 29, sec 9.